202011 ORDINANCE NO. 20,201
2
3 AN ORDINANCE TO FIX AND IMPOSE THE AGGREGATE AMOUNT OF FEES
4 AND CHARGES TO BE PAID THE CITY OF LITTLE ROCK, ARKANSAS, BY
5 ENTERGY CORPORATION AND THE METHOD OF PAYMENT THEREOF;
6 AMEND SECTION 9 OF ORDINANCE NO. 11,683; AND FOR OTHER PURPOSES.
8 WHEREAS, Entergy is duly authorized by a franchise agreement to, among other things, construct,
9 operate, maintain and extend an electric system within the City of Little Rock, Arkansas (the "City ") and to
10 sell, furnish, transmit and distribute electric power and energy to the City and citizens residing therein; and
11 WHEREAS, Entergy is now providing electric service to the City and its inhabitants and occupying the
12 streets, alleys, airways and other public rights -of -way within the City pursuant to said franchise agreement, and
13 making certain payments to the City in lieu of all other taxes, fees, charges, impositions, and licenses, except
14 general taxes; and
15 WHEREAS, the City is legally authorized to impose and Entergy is obligated to pay a just and reasonable
16 franchise fee in connection with its operations in the City.
17 NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
18 LITTLE ROCK, ARKANSAS:
19 Section 1: Section 9 of the Franchise Agreement, which is Little Rock, Ark., Ordinance No. 11,683, as
20 amended, is hereby amended to include the following:
21 For the year beginning January 1, 2010 and each year thereafter, Entergy shall pay in monthly
22 installments, the sum of five and two tenths percent (5.2 %) of the Company's gross revenue
23 collection as paid to it by industrial, commercial, and residential users located within the
24 corporate limits of the City of Little Rock or the sum of Eight Million Eight Hundred
25 Thousand Dollars ($8,800,000), whichever is greater. The Company's auditor shall certify
26 such gross revenues.
27 Section 2: Payments to the City by Entergy of the amounts as provided for in Section 1 hereof shall be
28 made monthly on or before the 15th of each month.
29 Section 3: Entergy shall also be subject to the relocation policy set forth in Little Rock, Ark., Rev. Code
30 § §2 -350 — 357 (1988).
31 Section 4: All ordinances and parts of ordinances that conflict herewith are hereby repealed; provided,
32 however, only to the extent that the same are in direct conflict herewith. Except as provided, nothing herein
33 shall be construed to alter or change the terms or conditions of the present franchise under which Entergy is
34 operating, as set forth in Ordinance 11,683, as amended.
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1 Section 5. This ordinance shall be in effect on and after January 1, 2010.
2 PASSED: December 15, 2009
3 ATTEST: APPROVED:
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6 Susan Lan ey, cting City Clerk Mark Stodola,
7 APPROVED AS TO LEGAL FORM:
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10 Thomas M. Carpenter, City torney
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