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19851ORDINANCE NO. 19,851 AN ORDINANCE TO FIX AND IMPOSE THE AGGREGATE AMOUNT OF FEES AND CHARGES TO BE PAID THE CITY OF LITTLE ROCK, ARKANSAS BY ENTERGY AND THE METHOD OF PAYMENT THEREOF BEGINNING IN 2008; AMEND SECTION 9 OF ORDINANCE NO. 11,683; AND FOR OTHER PURPOSES. WHEREAS, Entergy is duly authorized by a 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, Entergy 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 Entergy 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, 2008, Entergy shall pay in monthly installments, the sum of five and two tenths percent (5.2%) of the 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. The Company's auditor shall certify such gross revenues. 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. Section 3: All ordinances and parts of ordinances that conflict herewith are hereby repealed; provided, however, only to the extent that the same are in direct conflict herewith.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 afterjanuary 1, 2008. PASSED: November 6, 2007 ATTEST: Nan y Wo , City Clerk APPROVED AS TO LEGAL FORM: Thomas M. Carpenter, it Attorney APPROVED: Mark Stodola, Mayor