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HomeMy WebLinkAbout21338 1 ORDINANCE NO. 21,338 2 3 AN ORDINANCE TO AMEND LITTLE ROCK, ARK., ORDINANCE NO. 4 11,366 (MARCH 4, 1963) TO PROVIDE FOR LEVYING A FRANCHISE 5 FEE TO BE PAID BY CENTERPOINT ENERGY ARKLA; TO PROVIDE 6 FOR THE PAYMENT THEREOF; AND FOR OTHER PURPOSES. 7 8 WHEREAS,CenterPoint Energy ARKLA ("the Gas Company") is authorized by franchise ordinance 9 to operate a gas distribution system and appurtenances thereto, used in or incident to the rendition of gas 10 service to the City of Little Rock, Arkansas("the City")and the inhabitants residing therein;and 11 WHEREAS,the Gas Company is now and will be occupying the streets, alleys and rights-of-way of 12 the City for the purpose of operating, maintaining,and extending its gas services to the City and supplying 13 the City and consumers therein gas service;and 14 WHEREAS,the City is legally authorized to impose,and the Gas Company is obligated to pay a just 15 and reasonable Franchise Fee in connection with the operations in the City. 16 NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY 17 OF LITTLE ROCK,ARKANSAS: 18 Section 1. Section 1 of Little Rock, Ark., Ordinance No. 11,366(March 4, 1963) is hereby amended 19 to read as follows: 20 CenterPoint Energy ARKLA(the Gas Company)shall on a monthly basis pay a Franchise 21 Fee in an amount equal to 5.2%of the Gas Company's gross revenues as paid to it during 22 the Calendar Year 2017 and each year thereafter by all of its customers, including but not 23 limited to industrial, residential and commercial customers located within the corporate 24 limits of the City of Little Rock or the sum of Two Million.One Hundred Thousand Dollars 25 ($2,100,000)per year,whichever is greater. The Auditor of the Gas Company shall certify 26 said gross revenues. 27 Section 2. Payments to the City by CenterPoint Energy ARKLA of the amounts as provided for in 28 Section 1 hereof shall be made monthly on or before the 15th day of each month. 29 Section 3: CenterPoint Energy ARKLA shall also be subject to the relocation policy set forth in Little 30 Rock,Ark., Rev.Code §§2-350—357(1988). 31 Section 4. All ordinances and parts of ordinances that conflict herewith are hereby repealed;provided, 32 however,only to the extent that the same are in direct conflict herewith. Except as provided,nothing herein 33 shall be construed to alter or change the terms or conditions of the present franchise under which the Gas 'Page I of 21 Company is operating. 2 Section 5. Effective Date. Because an ordinance of this nature remains in effect until abandoned, and 3 in light of the language of the current Section 1 of this ordinance, it is noted that the Franchise Fees set 4 forth in Section 1 of this ordinance shall be in full force and on January I, 2017. 5 PASSED: December 13,2016 6AT .14 APPROVED: 6 / ..411111.1° d, / 8 . 9 us ahg1 y ty Clerk Mark Stodola,Mayor 10 APPR VE AO LEGAL FORM: 11 12 1 13 Thomas M. Carpenter,City Attort 14 // 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // IPage2of21