12884ORDINANCE NO. 12,884
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 & 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 franchiseagreement,
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
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 for payment
of increased salary requirements for city employees and other
municipal functions and service 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 municipali-
ties to avoid discrimination among customers of the utility.
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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 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:
(a) For the year 1974, the Company shall pay the
sum of One Million Two Hundred Sixty Thousand
($1,260,000.00), payable in approximately equal
monthly installments beginning in January, 1974.
Said payments for 1974 shall be in lieu of the payments otherwise
called for in Section 9 of the company's franchise agreement.
SECTION 2. Nothing herein contained shall be constructed 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 insofar
as the effect hereof will relieve the Power Company from the
obligation of the payments provided for in Section 9 of said
franchise agreement.
SECTION 3. All ordinances and parts of ordinances in con-
flict 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 the date of its approval.
PASSED: December 18, 1973
ATTEST: APPROVED: AleA4444&
Clerk Mayor