Loading...
195701 2 3 4 5 6 7 8 ORDINANCE NO. 19,570 AN ORDINANCE TO AUTHORIZE THE CITY OF LITTLE ROCK TO OPT OUT OF THE DARK SKIES PROVISION OF THE ARKANSAS SHIELDED OUTDOOR LIGHTING ACT; AND FOR OTHER PURPOSES. WHEREAS, the Arkansas Shielded Outdoor Lighting Act as amended by Act 11 of 2006 prohibits the use of public funds to install outdoor lighting fixtures that are not shielded to direct light toward the ground unless the governing body determines by ordinance that the cost of acquiring shielded outdoor lighting fixtures will be prohibitive, 9 and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 WHEREAS, on June 7, 2006, the Arkansas Public Service Commission approved the proposed tariffs filed by Entergy Arkansas Inc. for municipal shielded street lighting, allowing the company to recover the additional cost of installing shielded fixtures by adding an incremental cost to the customer's monthly rate, and WHEREAS, the approved rate increase of approximately One Dollar per month per fixture will increase the City of Little Rock's street lighting costs by approximately $240,000 per year after all of the existing street light fixtures have been replaced with shielded fixtures, and WHEREAS, over the twenty -year amortization schedule set by the Public Service Commission, the overall financial impact on the City of Little Rock will be approximately 4.8 Million Dollars in additional costs, and WHEREAS, the installation of shielded fixtures will not reduce the cost of electrical usage or result in any other cost savings to the City. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: 25 Section 1. Due to budget constraints and the number of street light fixtures 26 maintained by the City, the Board of Directors of the City of Little Rock, Arkansas finds [PAGE 1 OF 2] Ordinance To opt out of Shielded Outdoor Lighting Act I that the increased rates for installation of shielded street light fixtures is cost prohibitive 2 and that, pursuant to Arkansas Code Section 8- 14- 104(a)(1)(B) as amended by Act 11 of 3 2006, the prohibition against using public funds to install non - shielded street light fixtures 4 shall not apply to the City of Little Rock. 5 Section 2. Severability. In the event any title, section, subsection, subdivision, 6 paragraph, subparagraph, item, sentence, clause, phrase, or word of this ordinance is 7 declared or adjudged to be invalid or unconstitutional, such declaration or adjudication 8 shall not affect the remaining portions of the ordinance which shall remain in full force 9 and effect as if the portion so declared or adjudged invalid or unconstitutional was not 10 originally a part of the ordinance. 11 Section 3. Repealer. All laws, ordinances, resolutions, or parts of the same, 12 that are inconsistent with the provisions of this ordinance, are hereby repealed to the 13 extent of such inconsistency. 14 Section 4. Emergency Clause. The ability to properly light municipal streets and 15 roadways, and to do so in the most economically possible manner in order to assure that 16 more streets are, and remain, lighted is essential to the public health, safety and welfare, 17 and this goal can be more easily met by compliance with the terms of this ordinance; an 18 emergency is therefore, declared to exist and this ordinance shall be in full force and effect 19 from and after the date of its passage. 20 PASSED: ,JULY 31, 2006 21 ATTEST: APPROVED: 22 23 24 Nancy Woo ,City Clerk Ji ailey, Mayor 25 APPROVED AS TO LEGAL FORM: 26 27 28 Thomas M. Carpenter, Cit Attorney [PAGE 2 OF 2] Ordinance To opt out of Shielded Outdoor Lighting Act