13749"r1
ORDINANCE NO. 13,749
AN ORDINANCE FIXING AND IPIPOSING THE AGGREGATE
AMOUNT OF FEES, CHARGES AND SPECIAL TAXES TO BE
PAID THE CITY OF LITTLE ROCK, ARKANSAS BY
ARKANSAS POWER AND LIGHT COITANY AND THE METHOD
OF PAYMENT THEREOF; DECLARING AN EMERGENCY AND
FOR OTHER PURPOSES.
WHEREAS, Arkansas Power & Light Company (hereinafter 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 (hereinafter referred to as
11city "), to the City of Little Rock and to the citizens residing
therein; and
j?1iEREAS, 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
1,,JHEREAS, the City requires additional revenues to provide
municipal functions and services and desires to increase the
payments of special taxes and charges paid by the Power Company;
and
tiMEREAS, 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.
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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:
For the year 1979 the Power_ Company shall pay in equal
monthly installments beginning January 1980 the sum of
Two Million Eight Hundred Forty Three Thousand Dollars
or an amount equal to four and twenty -five hundreths
(4.25 %) percent of the Power Company's gross residen-
tial and commercial electric revenues as paid to it
during the calendar year 1979 by residential and com-
mercial customers located within the corporate limits
of the City of Little Pock, whichever is greater.
($2,843,000)
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
Section 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 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, safety and health shall be in full force and effect
from and after its passage.
PASSED: November 20, 1979
ATTEST: (;<Zk
City Clerk
APPROVED:
1
Mayor