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21672 1 ORDINANCE NO. 21,672 2 3 AN ORDINANCE TO AMEND LITTLE ROCK, ARK., ORDINANCE NO. 4 11,366(MARCH 4, 1963),AS AMENDED, TO PROVIDE FOR LEVYING A 5 FRANCHISE FEE TO BE PAID BY CENTERPOINT ENERGY ARKLA; 6 TO PROVIDE FOR THE PAYMENT THEREOF; AND FOR OTHER 7 PURPOSES. 8 9 WHEREAS,CenterPoint Energy ARKLA("the Gas Company") is authorized by franchise ordinance 10 to operate a Gas Distribution System and appurtenances thereto, used in or incident to the rendition of gas 11 service to the City of Little Rock,Arkansas("the City")and the inhabitants residing therein;and, 12 WHEREAS,the Gas Company is now and will be occupying the streets, alleys and rights-of-way,of 13 the City for the purpose of operating, maintaining and extending its gas services to the City and supplying 14 the City and consumers therein gas service; and, 15 WHEREAS,the City is legally authorized to impose, and the Gas Company is obligated to pay a just 16 and reasonable Franchise Fee in connection with the operations in the City. 17 NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY 18 OF LITTLE ROCK,ARKANSAS: 19 Section 1. Section 1 of Little Rock, Ark., Ordinance No. 11,366 (March 4, 1963) is hereby amended 20 to read as follows: 21 CenterPoint Energy ARKLA(the Gas Company) shall on a monthly basis pay a franchise 22 fee in an amount equal to 5.2% of the Gas Company's gross revenues as paid to it during 23 the calendar year 2019 and each year thereafter by all of its customers, including but not 24 limited to industrial, residential and commercial customers located within the corporate 25 limits of the City of Little Rock or the sum of Two Million,One Hundred Thousand Dollars 26 ($2,100,000.00) per year, whichever is greater. The auditor of the Gas Company shall 27 certify said gross revenues. 28 Section 2. Payments to the City by CenterPoint Energy ARKLA of the amounts as provided for in 29 Section 1 hereof shall be made monthly on or before the 15`h day of each month. 30 Section 3. CenterPoint Energy ARKLA shall also be subject to the relocation policy set forth in Little 31 Rock,Ark.,Rev. Code §§2-350—357 (1988). 32 Section 4. All ordinances and parts of ordinances that conflict herewith are hereby repealed;provided, 33 however,only to the extent that the same are in direct conflict herewith.Except as provided,nothing herein 34 shall be construed to alter or change the terms or conditions of the present franchise under which the Gas [Page 1 of 2] 1 Company is operating. 2 Section 5. Effective Date. Because an ordinance of this nature remains in effect until abandoned,and 3 in light of the language of the current Section 1 of this ordinance, it is noted that the Franchise Fees set 4 forth in Section 1 of this ordinance shall be in full force and on January 1,2019. 5 PASS _!• t �er 11,2018 6 T. „ ,, APPRO D: 7 9 La City Clerk Mark Stodola,Mayor 10 A' !ROVE D:trio0 LEGAL FORM: 11 , 12 sr ! f J. 13 Thomas M. Carpenter,City Attor I y 14 // 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // 35 // [Page 2 of 2]