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202001 2 ORDINANCE NO. 20,200 3 AN ORDINANCE TO AMEND IN PART ORDINANCE NO. 11,366 TO PROVIDE 4 FOR LEVYING A FRANCHISE FEE TO BE PAID BY CENTERPOINT ENERGY 5 ARKLA; TO PROVIDE FOR THE PAYMENT THEREOF; AND FOR OTHER 6 PURPOSES. 8 WHEREAS, CenterPoint Energy Arkla ( "the Gas Company ") is authorized by franchise ordinance to 9 operate a gas distribution system and appurtenances thereto, used in or incident to the rendition of gas service 10 to the City of Little Rock, Arkansas ( "the City ") and the inhabitants residing therein; and 11 WHEREAS, the Gas Company is now and will be occupying the streets, alleys and rights -of -way of the 12 City for the purpose of operating, maintaining, and extending its gas services to the City and supplying the City 13 and consumers therein gas service; and 14 WHEREAS, the City is legally authorized to impose, and the Gas Company is obligated to pay a just and 15 reasonable franchise fee in connection with the operations in the City. 16 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF 17 LITTLE ROCK, ARKANSAS: 18 Section 1. Section 1 of Ordinance No. 11,366, as amended, is amended to read as follows: 19 CenterPoint Energy Arkla (the Gas Company) shall on a monthly basis pay a franchise fee in 20 an amount equal to five and two tenths percent (5.2 %) of the Gas Company's gross revenues 21 as paid to it during the calendar year 2010 and each year thereafter by all of its customers, 22 including but not limited to industrial, residential and commercial customers located within 23 the corporate limits of the City of Little Rock or the sum of Two Million One Hundred 24 Thousand Dollars ($2,100,000) per year, whichever is greater. The auditor of the Gas 25 Company shall certify said gross revenues. 26 Section 2. Payments to the City by CenterPoint Energy Arkla of the amounts as provided for in Section 1 27 hereof shall be made monthly on or before the 15th day of each month. 28 Section 3: Centerpoint Energy Arkla shall also be subject to the relocation policy set forth in Little Rock, 29 Ark., Rev. Code § §2 -350 — 357 (1988). 30 Section 4. All ordinances and parts of ordinances that conflict herewith are hereby repealed; provided, 31 however, only to the extent that the same are in direct conflict herewith. Except as provided, nothing herein 32 shall be construed to alter or change the terms or conditions of the present franchise under which the Gas 33 Company is operating. [PAGE 1 OF 2] 1 Section 5. This ordinance shall be in effect on and after January 1, 2010. 2 PASSED: December 15, 2009 3 ATTEST: APPROVED: 4 7 5 6 Susan ng , Acting ity Clerk Mark to ola 7 APPROVED AS TO LEGAL FORM: 8 9 c'�7 10 Thomas M. Carpenter, City A t rney 11 // 12 // 13 // 14 // 15 16 // 17 // 18 // 19 // 20 21 22 // 23 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 32 // [PAGE 2 OF 2]