HomeMy WebLinkAbout21151 1 ORDINANCE NO. 21,151
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3 AN ORDINANCE TO FIX AND IMPOSE THE AGGREGATE AMOUNT
4 OF FEES AND CHARGES TO BE PAID TO THE CITY OF LITTLE ROCK,
5 ARKANSAS, BY ENTERGY CORPORATION AND THE METHOD OF
6 PAYMENT THEREOF; AMENDING SECTION 9 OF ORDINANCE NO.
7 11,683 (DECEMBER 6, 1965); AND FOR OTHER PURPOSES.
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9 WHEREAS,Entergy Corporation is duly authorized by a franchise agreement to,among other things,
10 construct, operate, maintain and extend an electric system within the City of Little Rock, Arkansas (the
11 "City") and to sell, furnish, transmit and distribute electric power and energy to the City and citizens
12 residing therein; and
13 WHEREAS, Entergy is now providing electric service to the City and its inhabitants and occupying
14 the streets, alleys, airways and other public rights-of-way within the City pursuant to said franchise
15 agreement, and making certain payments to the City in lieu of all other taxes, fees, charges, impositions,
16 and licenses,except general taxes; and
17 WHEREAS, the City is legally authorized to impose and Entergy is obligated to pay a just and
18 reasonable franchise fee in connection with its operations in the City.
19 NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
20 OF LITTLE ROCK,ARKANSAS:
21 Section 1: Section 9 of the Franchise Agreement, which is Little Rock, Ark., Ordinance No. 11,683,
22 as amended, is hereby amended to include the following:
23 For the year beginning January 1, 2016, and each year thereafter, Entergy shall pay in
24 monthly installments,the sum of 5.2% of the Company's gross revenue collection as paid
25 to it by industrial, commercial, and residential users located within the corporate limits of
26 the City of Little Rock or the sum of Eight Million, Eight Hundred Thousand Dollars
27 ($8,800,000), whichever is greater. The Company's auditor shall certify such gross
28 revenues.
29 Section 2: Payments to the City by Entergy of the amounts as provided for in Section 1 hereof shall
30 be made monthly on or before the 15th of each month.
31 Section 3: Entergy shall also be subject to the relocation policy set forth in Little Rock, Ark., Rev.
32 Code §§2-350—357 (1988).
33 Section 4. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase or
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1 word of this ordinance is declared or adjudged to be invalid or unconstitutional such declaration or
2 adjudication shall not affect the remaining portions of the ordinance which shall remain in full force and
3 effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the
4 ordinance.
5 Section 5. Repealer. All laws, ordinances, resolutions, and parts of the same that are inconsistent
6 with the provisions of this ordinance are hereby repealed to the extent of such inconsistency.
7 Section 6. Effective Date. This ordinance shall be available for public review for at least ten (10)
8 days, but in no event shall the collection of this franchise fee occur before January 1, 2016.
9 PASSED: December 15,2015
10 • APPROVED:
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13 S san Lley,City Clerk Mark Stodola,Mayor
14 • ' I 1 AS TO LEGAL FORM:
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17 Thomas M. Carpenter,City Apr •y
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