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18999• 0 ORDINANCE NO. 1$,999 AN ORDINANCE AMENDING IN PART ORDINANCE NO. 11,366 TO PROVIDE FOR LEVYING A FRANCHISE FEE TO BE PAID BY CENTERPOINT ENERGY ARKLA FOR THE YEAR 2004; PROVIDING FOR THE PAYMENT THEREOF. WHEREAS, CenterPoint Energy Arkla ( "the Gas Company ") is authorized by franchise ordinance to operate a gas distribution system and appurtenances thereto, used in or incident to the rendition of gas service to the City of Little Rock, Arkansas ( "the City ") and the inhabitants residing therein; and WHEREAS, the Gas Company is now and will be occupying the streets, alleys and rights -of -way of the City for the purpose of operating, maintaining, and extending its gas services to the City and supplying the City and consumers therein gas service; and WHEREAS, the City is legally authorized to impose, and the Gas Company is obligated to pay a just and reasonable franchise fee in connection with the operations in the City. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. Section 1 of Ordinance No. 11,366, as amended, is amended to read as follows: For the year 2004, CenterPoint Energy Arkla (the Gas Company) shall on a monthly basis pay a franchise fee in an amount equal to five and two tenths percent (5.2 %) of the Gas Company's gross revenues as paid to it during the calendar. year 2004 by all of its customers, including but not limited to industrial, residential and commercial customers located within the corporate limits of the City of Little Rock or the sum of Two Million One Hundred Thousand Dollars ($2,100,000) per year, whichever is greater. The auditor of the Gas Company shall certify said gross revenues. • • SECTION 2. Payments to the City by CenterPoint Energy Arkla of the amounts as provided for in Section 1 hereof shall be made monthly on or before the 15th day 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 All ordinances and parts of ordinances that conflict herewith are hereby repealed; provided, however, only to the extent that the same are in direct conflict herewith.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 Gas Company is operating. SECTION 4. This ordinance shall be in effect on and after January 1, 2004. PASSED: December 2, 2003 ATTEST: NAN Y WO CITY CLE APPROVED AS TO FORM: THOMAS M. CARPENTER CITY ATTORNEY APPROVED: kb .JIM UILEY, MAYOR