Loading...
149841 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 M r M r 0 M r M- M M ORDINANCE NO. 14,984 0 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. M M 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 HE p -l3 C--5 1 Commission and the Arkansas Supreme Court requiring that the 3 45 2 charges for service by a utility to customers in the City be 3 adjusted to adequately reflect any additional amounts of charges 4 imposed by the City in excess of a standard level paid in other 5 municipalities to avoid discrimination among customers of the 6 utility. 7 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS 8 OF THE CITY OF LITTLE ROCK, ARKANSAS: 9 SECTION 1. The manufacture, sale, furnishing, 10 transmission and distribution of electric power and energy by the 11 Power Company within the City is hereby declared to be a special 12 privilege and the use of municipal lands and properties is a 13 special privilege for such latter privilege the Power Company 14 shall pay annually to the City a special fee, charge or 15 imposition as follows: 16 Beginning January 1, 1986, the Power Company 17 shall pay in monthly installments, the sum of 18 5.28 of current gross revenue collection as paid 19 to it by industrial, commercial and residential 20 users located within the City limits of Little 21 Rock exclusive of any additional revenue collected 22 as a result of the Arkansas Public Service Commission 23 Settlement on the funding of the Grand Gulf Power 24 Facility. 25 SECTION 2. Ordinance No. 11,683 setting out the rights 26 and obligations of the City and the Power Company is hereby 27 amended adding Section 16 which reads as follows: 28 Section 16. Utility Relocation Policy. 29 16.1 In the interest of the public health, 30 safety and welfare and consistent with the City's 31 ordinances and master plans, the City of Little 32 Rock may make or cause to be made improvements, 33 repairs, or replacements of the public facilities 34 located on public rights -of -way. Such construction 35 activity commonly requires adjustment or relocation 36 -2- 34 6 1 of installations of public utilities. The City 2 deems the right of public utilities to use public 3 rights -of -way to be permissive and subordinate 4 to the reasonable exercise of the City's police power. 5 Thus, the cost of relocating a public utility instal - 6 lation should not be borne by the City. 7 For purposes of this policy, the term "public 8 utility" shall mean any organization performing a 9 public service by authority of the City of Little Rock, 10 whether under a franchise or by a commission. 11 16.2 The policy of the City of Little Rock is 12 to require a public utility to promptly adjust its 13 facilities in, upon, under or above any right -of -way 14 administered by the City of Little Rock and by 15 officials, boards, commissions, and departments of 16 the City of Little Rock, to accommodate construction, 17 improvements, alterations or maintenance of public 18 facilities when directed to do so by the Director of 19 Public Works or other officials authorized by the City 20 Manager. Utilities shall make adjustments at their 21 own expense, except as otherwise provided hereinafter, 22 in connection with any public works project approved 23 and /or performed by the City regardless of the source 24 of funds for the project. 25 16.3 As a matter of policy the City will seek to 26 minimize current and future installation adjustment 27 costs for utilities by such measures as regular and 28 systematic consultation in public works planning, 29 advance engineering to the extent feasible, and 30 careful consideration of public utility needs and 31 installations in both planning and design. 32 16.4 The City will reimburse a public utility for 33 the direct cost of required adjustments in an amount 34 directly proportionate to any federal funds which the 35 36 -3- ■r r r r �r � �r r r r r r�� 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 0 r 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 -4- APPROVED: MAYOR THOMAS A. PRINCE