12286ORDINANCE NO. 12,286
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 (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 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, trans-
mission 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 month of December, 1969, the Power
Company shall pay -the sum of Fifty One
Thousand Seven Hundred Sixty -seven Dollars
($51,767.00) in addition to all other such
taxes paid for the year 1969. Said sum
shall be payable in December, 1969.
(b) For the year 1970, the Company shall pay
the sum of One Million One Hundred Thirty
Two Thousand Two Hundred Dollars
($1,132,200.00), payable in approximately
equal monthly installments beginning in
January, 1970.
Said payments for 1970 shall be in lieu of the payments otherwise
called for in Section 9 of the companyts 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
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 the date of its approval.
pA.SSED: October 22, 1969
ATTEST : C IQ/1'L�i
ity C1 er ad -0