18149ORDINANCE NO. 18 ,149
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3 AN ORDINANCE FIXING AND IMPOSING THE AGGREGATE
4 AMOUNT OF FEES AND CHARGES TO BE PAID THE CITY OF
5 LITTLE ROCK, ARKANSAS BY ENTERGY AND THE METHOD
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7 OF PAYMENT THEREOF BEGINNING IN 2000; AMENDING
8 SECTION 9 OF ORDINANCE NO. 11,683, AND FOR OTHER
9 PURPOSES.
to
11 WHEREAS, Entergy (formerly Arkansas Power and Light Company) is duly authorized
12 by franchise agreement to, among other things, construct, operate, maintain and extend an electric
13 system within the City of Little Rock, Arkansas (the "City ") and to sell, furnish, transmit and
14 distribute electric power and energy to the City and citizens residing therein; and
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16 WHEREAS, Entergy is now providing electric service to the City and its inhabitants and
17 occupying the streets, alleys, airways and other public rights -of -way within the City pursuant to
18 said franchise agreement, and making certain payments to the City in lieu of all other taxes, fees,
19 charges, impositions, and licenses, except general taxes; and
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21 WHEREAS, the City is legally authorized to impose and Entergy is obligated to pay a just
22 and reasonable franchise fee in connection with its operations in the City.
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24 NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
25 THE CITY OF LITTLE ROCK, ARKANSAS:
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27 SECTION 1: Section 9 of the Franchise Agreement which is Little Rock, Ark., Ordinance
28 No. 11,683, as amended, is hereby amended to include the following:
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30 For the year beginning January 1, 2000, Entergy shall pay in monthly installments,
31 the sum of five and two tenths percent (5.2 %) of the Company's gross revenue
32 collection as paid to it by industrial, commercial, and residential users located
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within the corporate limits of the City of Little Rock or the sum of Eight Million
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35 Eight Hundred Thousand Dollars ($8,800,000), whichever is greater. Such gross
36 revenues shall be certified by an officer of Entergy.
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SECTION 2: Payments to the City by Entergy of the amounts as provided for in Section
1 hereof shall be made monthly on or before the 15th of each month. '7 4 5
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 Entergy is operating, as set forth in Ordinance 11,683, as
amended.
SECTION 4. This ordinance shall be in effect on and after January 1, 2000.
PASSED: December 7, 1999
ATTEST:
CITY CLERK ROBBIE HANCOCK
APPROVED AS TO FORM:
t
�-4 - --
THOMAS M. CARPENTER
CITY ATTORNEY
APPROVED:
in• • Entergy Customer Service
—� E tff rig Entergy Court
boy e Little Rock, AR 72211
Tel 501 223 6160
Jim Martindale
Customer Service Manager
Little Rock Division
7 <16
January 18, 2000
Mayor Jim Dailey
Little Rock City Hall
500 W. Markham
Little Rock, AR 72201
Dear Mayor Dailey:
This will acknowledge receipt of Ordinance 18, 149, adopted December 7,
1999, to become effective in the year 2000. This ordinance proposes to amend
Section 9 of Entergy's Franchise Contract Ordinance No. 11, 683, but does not
alter the terms and provisions of Section 9.
Since our franchise contract requires mutual consent for amendment, by
this letter, Entergy does consent to and accept the proposed amendment to
Section 9 of Ordinance 11, 683.
Sin ely,
La 12Z
m Martindale
Customer Service Manager
cc: Robbie Hancock, City Clerks/
Tom Carpenter, City Attorney
JAN 19 2000
ROBBIE HANCOCK
LITTLE aoCK CITY CLERK