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ORDINANCE NO. 12,410
AN ORDINANCE FIXING AND IMPOSING THE AGGREGATE
AMOUNT OF FEES, CHARGES AND SPECIAL TAXES TO BE
PAID THE CITY OF LITTLE ROCK, ARKANSAS, BY ARK-
ANSAS POWER AND LIGHT COMPANY AND THE METHOD OF
PAYMENT THEREOF, AND FOR OTHER PURPOSES.
WHEREAS, Arkansas Power and Light Company (hereafter
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, (hereafter 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 c -ty 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 ser-
vice by a utility to customers in the city be adjusted to adequately
reflect any additional amounts of taxes imposed by the city in excess
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of a standard level paid in other municipalities to avoid discrim-
ination 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 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 1971, the Company shall pay
the sum of One Million One Hundred Thirty
Two Thousand Two Hundred Dollars ($1,132,-
200.00), tayable in approximately equal
monthly installments beginning in January,
1971.
Said payments for 1971 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 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 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 adcitional 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: November 18, 1970
ATTEST: Tk
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