13568ORDINANCE NO. 13,568
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; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES.
WHEREAS, Arkansas Power & Light Company thereinafter 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 thereinafter 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 munici-
pal 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
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 1.979 the Power Company shall pay in equal
monthly installments beginning January 1979, the sum
of Two Million Two Hundred Twenty Three Thousand
Dollars ($2,223,000), or an amount equal to four and
twenty -five hundreths (4.25 %) percent of the Power
Company's gross residential and commercial electric
revenues as paid to it during the calendar year 1978
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 Sec-
tion 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.
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 its passage.
PASSED: December 19, 1978
ATTEST: APPROVED:
City Clerk Mayor