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159751 0 ORDINANCE NO. 15,975' 2 3 4 AN ORDINANCE FIXING AND IMPOSING THE AGGREGATE 5 AMOUNT OF FEES AND CHARGES TO BE PAID THE CITY 6 OF LITTLE ROCK, ARKANSAS BY ARKANSAS POVER AND 7 LIGHT COMPANY AND THE METHOD OF PAYMENT 8 THEREOF BEGINNING IN 1991; AMENDING SECTION 9 9 OF ORDINANCE NO. 11,683, AND FOR OTHER 10 PURPOSES. 11 12 WHEREAS, Arkansas Power and Light Company (hereinafter 13 referred to as "Power Company ") is duly authorized by franchise 14 agreement to, among other things, construct, operate, maintain and 15 extend an electric system within the City of Little Rock and to 16 sell, furnish, transmit and distribute electric power and energy in 17 the City of Little Rock, Arkansas (hereinafter referred to as 18 "City "), to the City and to the citizens residing therein; and 19 20 WHEREAS, the Power Company is now providing electric service 21 to the City and its inhabitants and occupying the streets, alleys 22 and other public property of the City pursuant to said franchise 23 agreement, and making certain payments to the City in lieu of all 24 other taxes, fees, charges, impositions, and licenses, except 25 general taxes; and 26 WHEREAS, the City is entitled to receive such just and 27 reasonable fees from the Power Company for such use, which the City 28 may lawfully impose and the Power Company is obligated to pay. 29 NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE 30 CITY OF LITTLE ROCK, ARKANSAS: 31 SECTION 1: Section 9 of the Franchise Agreement which is 32 33 Little Rock, Ark., Ordinance No. 11,683, as amended, is hereby 34 amended to include the following: 35 36 498 o-y7 /� 23 I For the vea# r ginning January 1, 1991, a Power Company 2 shall pay in monthly installments, the sum of five and 3 two tenths percent (5.2%) of the Power Company's gross 4 revenue collection as paid to it by industrial, 5 commercial, and residential users located within the 6 corporate limits of the City of Little Rock or the sum of 7 Eight Million Six Hundred and Fifty Thousand dollars 8 ($8,650,000), whichever is greater. Such said gross 9 revenues shall be certified by an officer of the Power 10 Company. 11 SECTION 2: Payments to the City by Arkansas Power and Light 12 Company of the amounts as provided for in Section 1 hereof shall be 13 made monthly payable by the 15th of each month. 14 SECTION 3: All ordinances and parts of ordinances that 15 conflict herewith are hereby repealed; provided, however, only to 16 the extent that the same are in direct conflict herewith. Except 17 as provided, nothing herein shall be construed to alter or change is the terms or conditions of the present franchise under which the 19 Power Company is operating, as set forth in Ordinance 11,683, as 20 amended. 21 22 SECTION 4. This ordinance shall be in effect on and after 23 January 1, 1991. 24 1 PASSED: December 4, x,990 25 ATTEST: APPROVED: 26 ^ 27 28 C Y CLERK CIE CZECH MAYOR F YD . "BUDDY" VIL IVES W 30 APPROVED AS TO FORM: 31 32 33 MARK STODOLA, CITY ATTORNEY 34 35 36