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ORDINANCE NO. 14,984
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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 1986; AMENDING SECTION 9 OF ORDINANCE NO.
11,683; AND FOR OTHER PURPOSES.
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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
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Commission and the Arkansas Supreme Court requiring that the 3 45
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charges for service by a utility to customers in the City be
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adjusted to adequately reflect any additional amounts of charges
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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
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utility.
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
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OF THE CITY OF LITTLE ROCK, ARKANSAS:
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SECTION 1. The manufacture, sale, furnishing,
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transmission and distribution of electric power and energy by the
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Power Company within the City is hereby declared to be a special
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privilege and the use of municipal lands and properties is a
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special privilege for such latter privilege the Power Company
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shall pay annually to the City a special fee, charge or
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imposition as follows:
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Beginning January 1, 1986, the Power Company
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shall pay in monthly installments, the sum of
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5.28 of current gross revenue collection as paid
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to it by industrial, commercial and residential
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users located within the City limits of Little
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Rock exclusive of any additional revenue collected
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as a result of the Arkansas Public Service Commission
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Settlement on the funding of the Grand Gulf Power
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Facility.
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SECTION 2. Ordinance No. 11,683 setting out the rights
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and obligations of the City and the Power Company is hereby
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amended adding Section 16 which reads as follows:
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Section 16. Utility Relocation Policy.
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16.1 In the interest of the public health,
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safety and welfare and consistent with the City's
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ordinances and master plans, the City of Little
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Rock may make or cause to be made improvements,
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repairs, or replacements of the public facilities
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located on public rights -of -way. Such construction
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activity commonly requires adjustment or relocation
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of installations of public utilities. The City
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deems the right of public utilities to use public
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rights -of -way to be permissive and subordinate
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to the reasonable exercise of the City's police power.
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Thus, the cost of relocating a public utility instal -
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lation should not be borne by the City.
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For purposes of this policy, the term "public
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utility" shall mean any organization performing a
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public service by authority of the City of Little Rock,
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whether under a franchise or by a commission.
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16.2 The policy of the City of Little Rock is
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to require a public utility to promptly adjust its
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facilities in, upon, under or above any right -of -way
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administered by the City of Little Rock and by
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officials, boards, commissions, and departments of
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the City of Little Rock, to accommodate construction,
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improvements, alterations or maintenance of public
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facilities when directed to do so by the Director of
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Public Works or other officials authorized by the City
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Manager. Utilities shall make adjustments at their
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own expense, except as otherwise provided hereinafter,
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in connection with any public works project approved
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and /or performed by the City regardless of the source
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of funds for the project.
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16.3 As a matter of policy the City will seek to
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minimize current and future installation adjustment
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costs for utilities by such measures as regular and
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systematic consultation in public works planning,
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advance engineering to the extent feasible, and
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careful consideration of public utility needs and
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installations in both planning and design.
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16.4 The City will reimburse a public utility for
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the direct cost of required adjustments in an amount
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directly proportionate to any federal funds which the
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City may receive on such projects that specifically 34
provide for a line item reimbursable allowance for
utility relocation or adjustment.
The City will also reimburse a public utility for
the direct costs of required adjustments when the
utility can demonstrate that the utility acquired the
right -of -way or otherwise occupied it prior to the
dedication of the right -of -way either to the City of
Little Rock or to any other unit of local government.
Adjustment costs shall be reimbursed, when appropriate,
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 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,
1986.
PASSED: November 5, 1985
ATTEST:
CITV CLERK 3—AlfE CZECH
APPROVf,D AS O FORM:
MARK STODOLA, CITY ATTORNEY
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APPROVED:
MAYOR THOMAS A. PRINCE