13930c♦ r ,
ORDINANCE NO. 13,930
AN ORDINANCE FIXING AND EVTOSINS THE AGGREGATE
AMOUNT OF FEES, CHARGES AND SPECIAL TAXES TO BE
PAID THE CITY OF LITTLE ROCK, ARKANSAS BY ARKANSAS
POWER AND LIGHT COMPANY AND THE METHOD OF PAYMENT
THEREOF; DECLARING AN EZERGENCY AND FOR OTHER PURPOSES.
TATUMEAS, Arkansas Power & Light Company (hereinafter referred
to as "Power Company ") is duly authorized by franchise agreement
heretofore authorized and entered into by the City to construct, operate,
maintain and extend an electric system and to sell, furnish, transmit
and distribute electric power and energy in the City of Little Rock,
Arkansas (hereinafter referred to as "city "), to the City of Little
Rock and to the citizens residing therein; and
TATUMAS, the Power Company is now providing electric service
to the City and its inhabitants and occupying the streets, alleys
and other public property of the City pursuant to said franchise
agreement, which provides for certain payments in lieu of all other
taxes, fees, charges, impositions, and licenses, except general taxes,
and further provides that if any special taxes, fees, charges or
licenses are assessed or imposed upon or against the Power Company
that the obligations for payments under said franchise agreement
shall immediately terminate; and
WHEREAS, the City requires additional revenues to provide
municipal functions and services and desires to increase the payments
of special taxes and charges paid by the Power Company; and
WHEREAS, that portion of the City revenue derived from the
three -mill county road tax is no longer available to the City and
WHEREAS, the City recognizes and accepts the purposes and
results of decisions of the Arkansas Public Service Commission and
the Arkansas Supreme Court requiring that the charges for service by
a utility to customers in the City be adjusted to adequately reflect
any additional amounts of taxes imposed by the City in excess of a
1�4 , -'•
standard level paid in other municipalities to avoid discrimination
among customers of the utility.
NOW, TlMMRE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
THE CITY OF LITTLE ROCK, ARKANSAS.
SECTION 1. The manufacture, sale, furnishing, transmission
and distribution of electric power and energy by the Power Company
within the City is hereby declared to be a special privilege and for
such privilege the Power Ccmpany shall pay to the City a special tax,
charge or imposition, as follows:
For the year 1981 the Power Company shall pay in equal
monthly installments beginning January 1981, the sum
of Three Million Eighty Thousand Dollars ($3,080,000),
or an amount equal to five and two- tenths (5.2%) of the
Power Canpany's gross residential and camnercial
electric revenues as paid to it during the calendar
year 1980 by residential and carmercial custaners
located within the corporate limits of the City of
Little Rock, whichever is greater.
SECTION 2. Nothing herein contained shall be construed as
altering or amending any of the rights or obligations of either the
City or the Power Company as provided in the existing Franchise
Agreement between the City and the Power Company except that Sec-
tion 9 of the Power Ca many's Franchise Agreement as provided for
by Ordinance No. 11,683 is hereby amended to the extent that it is
in conflict with this section.
SECTION 3. All ordinances and parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed.
SECTION 4. It is hereby found by the Board of Directors that
there is an urgent need for additional revenues for the City.
Therefore, an emergency is declared to exist, and this ordinance
being necessary for the preservation and advancement of the public
peace, health and safety shall be in full force and effect from and
after its passage.
PASSED: November 26, 1980
ATTEST: P41x, APPROVED
City k Mayo