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