13380ORDINANCE NO 13,380
AN ORDINANCE FIXING AND IMPOSING 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; AND FOR OTHER PURPOSES
WHEREAS, 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 poser 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
WHEREAS, 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, 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 standard level paid
in other municipalities to avoid discrimination among customers of the
utility.
NOW THEREFORE, 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
-2-
the City is hereby declared to be a special privilege and for such
privilege the Power Company shall pay to the City a special tax,
charge or imposition, as follows:
For the year 1978 the Power Company shall pay in equal
monthly installments beginning January 1978, the sum of
two million, two hundred thousand ($2,200,000.00) dollars,
or an amount equal to four and twenty -five hundredths
(4.25 %) percent of the Power Company's gross residential
and commercial electric revenues as paid to it during
the calendar year 1977 by residential and commercial
customers 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 Section 9 of the Power
Company'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. There-
fore, 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
the date of its passage.
PASSED: December 1, 1977
ATTEST:
ity Clerk
APPROVED:
Mayor