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ORDINANCE NO. 19,209
3 AN ORDINANCE FIXING AND IMPOSING THE AGGREGATE
4 AMOUNT OF FEES AND CHARGES TO BE PAID THE CITY OF LITTLE
s ROCK, ARKANSAS BY ENTERGY AND THE METHOD OF PAYMENT
6 THEREOF BEGINNING IN 2005; AMENDING SECTION 9 OF
7 ORDINANCE NO. 11,683, AND FOR OTHER PURPOSES.
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9 WHEREAS, Entergy is duly authorized by a franchise agreement to, among other
10 things, construct, operate, maintain and extend an electric system within the City of Little
11 Rock, Arkansas (the "City ") and to sell, furnish, transmit and distribute electric power and
12 energy to the City and citizens residing therein; and
13 WHEREAS, Entergy is now providing electric service to the City and its inhabitants
14 and occupying the streets, alleys, airways and other public rights -of -way within the City
15 pursuant to said franchise agreement, and making certain payments to the City in lieu of all
16 other taxes, fees, charges, impositions, and licenses, except general taxes; and
17 WHEREAS, the City is legally authorized to impose and Entergy is obligated to pay
18 a just and reasonable franchise fee in connection with its operations in the City.
19 NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
20 THE CITY OF LITTLE ROCK, ARKANSAS:
21 SECTION 1: Section 9 of the Franchise Agreement, which is Little Rock, Ark.,
22 Ordinance No. 11,683, as amended, is hereby amended to include the following:
23 For the year beginning January 1, 2005, Entergy shall pay in monthly installments,
24 the sum of five and two tenths percent (5.2 %) of the Company's gross revenue collection as
25 paid to it by industrial, commercial, and residential users located within the corporate
26 limits of the City of Little Rock or the sum of Eight Million Eight Hundred Thousand
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Dollars ($8,800,000), whichever is greater. The Company's auditor shall certify such gross
revenues.
SECTION 2: Payments to the City by Entergy of the amounts as provided for in
Section 1 hereof shall be made monthly on or before the 15th of each month.
SECTION 3: All ordinances and parts of ordinances that conflict herewith are
hereby repealed; provided, however, only to the extent that the same are in direct conflict
herewith. Except as provided, nothing herein shall be construed to alter or change the
terms or conditions of the present franchise under which Entergy is operating, as set forth
in Ordinance 11,683, as amended.
SECTION 4. This ordinance shall be in effect on and after January 1, 2005.
PASSED: October 5, 2004
ATTEST:
Nanlcy Wood, City Clerk
APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, Cit Attorney
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APPROVED:
444v(
Ji Oailey, Mayor