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12410w. 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 r i IVAN 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 /avw ity cl