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14153ORDINANCE NO. 14,153 AN ORDINANCE FIXING AND IMPOSING THE AGGREGATE AMOUNT OF FEES, CHARGES AND SPECIAL TAXES TO BE PAID THE CITY OF LITTLE ROCK, ARKANSAS BY ARKANSAS POWER AND LIGHT COMPANY AND THE METHOD OF PAYMENT THEREOF; AMENDING SECTION 4 OF ORDINANCE NO. 11683; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. +, 69 WHEREAS, Arkansas Power & Light Company (hereinafter ro �4 referred to as "Power Company ") is duly authorized by franchise 01 ,q' agreement heretofore authorized and entered into by the City aroi to construct, operate, maintain and extend an electric system ro a 4) and to sell, furnish, transmit and distribute electric power and energy in the City of Little Rock, Arkansas (hereinafter referred to as "City "), to the City of Little Rock and to the citizens residing therein; and WHEREAS, the Power Company is now providing electric service to the City and its inhabitants and occupying the streets, alleys and other public property of the City pursuant to said franchise agreement, which provides for certain pay- ments in lieu of all other taxes, fees, charges, impositions, and licenses, except general taxes, and further provides that if any special taxes, fees, charges or licenses are assessed or imposed upon or against the Power Company that the obliga- tions for payments under said franchise agreement shall immediately terminate; and WHEREAS, the City requires additional revenues to provide municipal functions and services and desires to increase the payments of special taxes and charges paid by the Power Company; and WHEREAS, that portion of the City revenue derived from the three -mill county road tax is no longer available to the City and WHEREAS, the City recognizes and accepts the purposes i4 . and results of decisions of the Arkansas Public Service Com- mission and the Arkansas Supreme Court requiring that the charges for service by a utility to customers in the City be adjusted to adequately reflect any additional amounts of taxes imposed by the City in excess of a standard level paid in other municipalities to avoid discrimination among customers of the utility. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIREC- TORS OF THE CITY OF LITTLE ROCK, ARKANSAS. Section 1. The manufacture, sale, furnishing, trans- mission and distribution of electric power and energy by the Power Company within the City is hereby declared to be a special privilege and for such privilege the Power Company shall pay to the City a special tax, charge or imposition, as follows: For the year 1982 the Power Company shall pay in equal monthly installments beginning January 1982, the sum of Three Million, Eight Hundred Thirty -One Thousand and Eighty Dollars ($3,831,080.00). Section 2. Nothing herein contained shall be cons- strued as altering or amending any of the rights or obligations of either the City or the Power Company as provided in the existing Franchise Agreement between the City and the Power Company except that Section 9 of the Power Company's Franchise Agreement as provided for by Ordinance No. 1168.3 is hereby amended to the extent that it is in conflict with this Section. Section 3. All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. It is hereby found by the Board of Directors that there is an urgent need for additional revenues for the City. Therefore, an emergency is declared to exist, and this ordinance being necessary for the preservation and advancement of the public peace, health and safety shall be in full force and effect from and after its passage. PASSED: November 3, 1981 ATTEST : APPROVED -2- W M ul ro >a 0 U m -P ARKANSAS POWER & LIGHT COMPANY POST OFFICE BOX 551 LITTLE ROCK, ARKANSAS 72203 (501)371-4000 November 3, 1981 Mr. Mahlon Martin City Manager City of Little Rock City Hall Little Rock, AR Dear Mahlon: In conversation with Jack Murphey, it is our understanding that you propose to submit an ordinance at today's board meeting fixing our franchise payments for the year of 1982. It is also our understanding that you agree to a "lump sum" amount in this ordinance. M = M With the foregoing understanding; our company also agrees to furnish you with our total revenue figures received for 1981 at the end of this calendar year. This is being done in order for the City to establish a "lump sum" amount which would reflect 5.2% of our total revenues before application of any adjustment clauses. These figures should be available sometime within the first ten days of January and we would anticipate a revised ordinance to reflect our actual revenue collections. BL:dr Sincerely, '0 re G Bill Looney District Manager MEMBER MIOOLE SOUTH UTILITIES SYSTEM