14768M M M
0
ORDINANCE NO.
14.768
M M M M
AN ORDINANCE FIXING AND IMPOSING THE AGGREGATE
AMOUNT OF FEES AND CHARGES TO BE PAID THE CITY
OF LITTLE ROCK, ARKANSAS BY ARKANSAS POWER AND
LIGHT COMPANY AND THE METHOD OF PAYMENT THEREOF
FOR 1985; AMENDING SECTION 9 OF ORDINANCE NO.
11,683.
WHEREAS, Arkansas Power and Light Company (hereinafter
referred to as "Power Company ") is duly authorized by franchise
agreement heretofore authorized and entered into by the City to
construct, operate, maintain and extend an electric system 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 payments 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 obligations 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 fees and charges paid by the Power Company;
and
WHEREAS, the City recognizes and accepts the purposes and
results of a decision of the Arkansas Public Service Commission
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 charges imposed by
the City in excess of a standard level paid in other
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municipalities to avoid discrimination among customers of the
utility.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
OF THE CITY OF LITTLE ROCK, ARKANSAS:
Section 1. The manufacture, sale, furnishing,
transmission and distribution of electric power and energy by the
Power Company within the City is hereby declared to be a special
privilege and the use of municipal lands and properties is a
special privilege for such latter privilege the Power Company
shall pay annually to the City a special fee, charge or
imposition as follows:
Beginning with the year 1985, the Power Company
shall pay in monthly installments, the sum of 5.28
of current gross revenue collection as paid to it by
industrial, commercial and residential users located
within the City limits of Little Rock.
Section 2. In January, 1985 AP &L will determine and pay
to the City the balance of all portions of revenues received by
AP &L from its customers in the City which portions were received
by AP &L in 1984 as franchise tax expense. If AP &L's
determination in January, 1985 is that an underrecovery of
franchise tax expense has occurred, then no such payment shall be
due in January and AP &L's underrecovery will be deducted from the
first monthly franchise tax payment which is due in February,
1985.
Section 3. Nothing herein contained shall be construed
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 Company's Franchise Agreement
as provided for by Ordinance No. 11,683 is hereby amended to the
extent that it is in conflict with this Section.
Section 4. This ordinance shall be in effect January 1,
1985.
PASSED: November 6, 1984
ATTEST:
CITY CLERK JANC CZECH
I
APPROVED: ,.
MAYOR J. W. BENAFIETD
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