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14982ai■� r r s s r r s r r® r m r m � r 1 I ORDINANCE NO. 14,982 339 2 3 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. 10 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, 35 36 D-l3 ri r r r r r r r r r ■w r �r �r r 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. 35 36 -2- 340 M 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, 35 36 -3- M M r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 r r r r r r r r r r r r 342 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 -4- APPROVED: :T, Q r G, MAYOR THOMAS A. PRINCE