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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. ^•t•• "�"a r),Yy55:1: •:.:: maCx[ +aqw xaw+nssr `��C +i2Res fi ' +�1.6 M• - ' D` . - tv+4aw. ro.. �.�. r ...E;v:n ]L•4 .3 tT �Y"+'A'iy!:m. ss -.+3e xq.:. :nucs�r+ua -- -• -. •. •'- � - - aMrt•n�1f5rISY�79Y4a'?7 #� VA . 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