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167921 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 ORDINANCE NO. 16,792 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 BEGINNING IN 1995; AMENDING SECTION 9 OF ORDINANCE NO. 11,683, AND FOR OTHER PURPOSES. WHEREAS, Arkansas Power and Light Company (the "Power Company ") is duly authorized by franchise agreement to, among other things, construct, operate, maintain and extend an electric system within the City of Little Rock, Arkansas (the "City") and to sell, furnish, transmit and distribute electric power and energy to the City and citizens residing therein; and WHEREAS, the Power Company is now providing electric service to the City and its inhabitants and occupying the streets, alleys, airways and other public rights -of -way within the City pursuant to said franchise agreement, and making certain payments to the City in lieu of all other taxes, fees, charges, impositions, and licenses, except general taxes; and WHEREAS, the City is legally authorized to impose and the Power Company is obligated to pay a just and reasonable franchise fee in connection with its operations in the City. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1: Section 9 of the Franchise Agreement which is Little Rock, Ark., Ordinance No. 11,683, as amended, is hereby amended to include the following: For the year beginning January 1, 1995, the Power Company shall pay in monthly installments, the sum of five and two tenths percent (5.2 %) of the Power Company's gross revenue collection as paid to it by industrial, commercial, and residential users located within the corporate limits of the City of Little Rock or the sum of Eight Million Eight Hundred Thousand Dollars ($8,800,000), whichever is greater. Such gross revenues shall be certified by an officer of the Power Company. 610 011 E3 � ©c7 vaq v 611 1 SECTION 2: Payments to the City by Arkansas Power and Light Company of the amounts 2 as provided for in Section 1 hereof shall be made monthly on or before the 15th of each month. SECTION 3: All ordinances and parts of ordinances that conflict herewith are hereby repealed; provided, however, only to the extent that the same are in direct conflict herewith. Except as provided, nothing herein shall be construed to alter or change the terms or conditions of the present franchise under which the Power Company is operating, as set forth in Ordinance 11,683, as amended. SECTION 4. This ordinance shall be in effect on and after January 1, 1995. PASSED: December 6, 1994 ATTEST: (:2 aJ, 0,. ;- ) &M -P, CA CITY CLERK ROBBIE HANCOCK APPROVED AS TO FORM: T� M.�ARPENTER CITY ATTORNEY APPROVED: /`. , T1. JIM DAILEY