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1 I ORDINANCE NO. 14,982 339
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4 AN ORDINANCE AMENDING IN PART SECTIONS 1
5 AND 2 OF ORDINANCE NO. 11,366 TO PROVIDE
6 FOR LEVYING ADDITIONAL PRIVILEGE FEE TO
7 BE PAID BY ARKANSAS LOUISIANA GAS COMPANY
8 FOR THE YEAR 1986; PROVIDING FOR THE
9 PAYMENT THEREOF.
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11 WHEREAS, the Arkansas Louisiana Gas Company (hereinafter
12 sometimes referred to as "Gas Company ") is or will be duly
13 authorized by franchise ordinance to operate a gas distribution
14 system and appurtenances thereto, used in or incident to the
15 rendition of gas service to Little Rock, Arkansas and the
16 inhabitants thereof residing in said municipality; and
17 WHEREAS, the Gas Company is now or will be occupying the
18 streets and alleys of this City for the purpose of operating,
19 maintaining and extending its gas service to the municipality and
20 supplying the municipality and consumers therein gas service; and
21 WHEREAS, the municipality is entitled to receive such
22 just and reasonable fees from the Gas Company which the
23 municipality may lawfully impose and the Gas Company is entitled
24 to pay.
25 NOW; THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
26 OF THE CITY OF LITTLE ROCK, ARKANSAS:
27 SECTION 1. That the sale, furnishing, transmission and
28 distribution of gas and energy by the ARKLA Gas Company in the
29 City is hereby declared to be a special privilege; and that the
30 use of City owned lands and properties is a special privilege,
31 and that for the latter privilege the Gas Company shall pay to
32 the City a special fee, charge or imposition, as follows:
33 For the year 1986, the Gas Company shall pay in
34 equal monthly installments beginning January 1986,
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1 the sum of Two Million, Six Hundred Fifty Thousand
2 Dollars ($2,650,000.00) or an amount equal to five
3 and two- tenths percent (5.28) of the Gas Company's
4 gross revenues as paid to it during the calendar
5 year 1986 by industrial, residential and commercial
6 customers located within the corporate limits of
7 the City of Little Rock, whichever is greater.
8 SECTION 2. Payments to the City by Arkansas Louisiana
9 Gas Company for the net additional fees as provided for in
10 Section 1 hereof shall be monthly payable by the 15th of each
11 month.
12 SECTION 3. Ordinance No. 11,366 which sets out the
13 terms and conditions of the present privilege authority under
14 which the Gas Company is operating is hereby amended to add
15 Section 7 which reads as follows:
16 Section 7. Utility Relocation Policy.
17 7.1 In the interest of the public health, safety
18 and welfare and consistent with the City's ordinances
19 and master plans, the City of Little Rock may make
20 or cause to be made improvements, repairs, or
21 replacements of the public facilities located on
22 public rights -of -way. Such construction activity
23 commonly requires adjustment or relocation of
24 installations of public utilities. The City deems
25 the right of public utilities to use public right -
26 of -way to be permissive and subordinate to the
27 reasonable exercise of the City's police power.
28 Thus, the cost of relocating a public utility
29 installation should not be borne by the City.
30 For purposes of this policy, the term "public
31 utility" shall mean any organization performing
32 a public service by authority of the City of
33 Little Rock, whether under a franchise or by a
34 commission.
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1 7.2 The.policy of the City of Little Rock is 341
2 to require a public utility to promptly adjust its
3 facilities in, upon, under or above any right -of -way
4 administered by the City of Little Rock and by
5 officials, boards, commissions, and departments of
6 the City of Little Rock, to accommodate construction,
7 improvements, alterations or maintenance of public
8 facilities when directed to do so by the Director
9 of Public Works or other officials authorized by the
10 City Manager. Utilities shall make adjustments at
11 their own expense, except as otherwise provided
12 hereinafter, in connection with any public works
13 project approved and /or performed by the City
14 regardless of the source of funds for the project.
15 7.3 As a matter of policy the City will seek
16 to minimize current and future installation
17 adjustment costs for utilities by such measures as
18 regular and systematic consultation in public
19 works planning, advance engineering to the extent
20 feasible, and careful consideration of public utility
21 needs and installations in both planning and design.
22 1 7.4 The City will reimburse a public utility for
23 the direct cost of required adjustments in an amount
24 directly proportionate to any federal funds which the
25 City may receive on such projects that specifically
26 provide for a line item reimbursable allowance
27 for utility relocation or adjustment.
28 The City will also reimburse a public utility for
29 the direct costs of required adjustments when the
30 utility can demonstrate that the utility acquired the
31 right -of -way or otherwise occupied it prior to the
32 dedication of the right -of -way either to the City of
33 Little Rock or to any other unit of local government.
34 Adjustment costs shall be reimbursed, when appropriate,
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under an agreement between the City and the utility for
the particular project. Such agreement shall describe
the scope of the utility's adjustment work and allocate
costs. The cost allocation shall not require the City
to reimburse for betterments which are only occasioned
by the adjustments required.
SECTION 4. All ordinances and parts of ordinances that
conflict herewith are hereby repealed. Provided, however,
Ordinance 11,366 of the City of Little Rock is repealed only to
the extent that the same is in direct conflict herewith and
nothing herein shall be construed to alter or change the terms or
conditions of the present franchise under which the Gas Company
is operating.
SECTION 4. This Ordinance shall be in effect January 1,
1986.
PASSED: November 5, 1985
ATTEST:
CITY LERK JANE CZECH
STODOLA, CITY ATTORNEY
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APPROVED:
:T, Q r G,
MAYOR THOMAS A. PRINCE