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HomeMy WebLinkAbout196601 2 ORDINANCE NO. 19,660 3 AN ORDINANCE TO FIX AND IMPOSE THE AGGREGATE AMOUNT OF FEES 4 AND CHARGES TO BE PAID THE CITY OF LITTLE ROCK, ARKANSAS BY 5 EN ERGY AND THE METHOD OF PAYMENT THEREOF BEGINNING IN 2007; 6 A END SECTION 9 OF ORDINANCE NO. 1 1 ,683; AND FOR OTHER 7 PU POSES. C 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 WF EREAS, 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 WF EREAS, the City is legally authorized to impose and Entergy is obligated to pay a 18 just and r asonable franchise fee in connection with its operations in the City. 19 N W, THEREFORE BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF 20 LITTLE ROCK, ARKANSAS: 21 Section 1: Section 9 of the Franchise Agreement, which is Little Rock, Ark., 22 Ordinanc No. 11 ,683, as amended, is hereby amended to include the following: 23 Foi the year beginning January 1, 2007, 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 oft 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 30 Section 1 hereof shall be made monthly on or before the 15th of each month. 31 Section 3: All ordinances and parts of ordinances that conflict herewith are hereby 32 repealed; provided, however, only to the extent that the same are in direct conflict [PAGE 1 OF 2] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 terms or conditions of the present franchise under which Entergy is operating, as set forth in Ordinance 1 1 ,683, as amended. Section 4. This ordinance shall be in effect on and afterjanuary 1, 2007. I1 Nancy APP XF I WIN AC Thoma December 19, 2006 APPROVED: -- - - - - -- - -railey�, - ----- - - - - -- - -- City Clerk .JiMayor AS TO LEGAL FORM: M. Carpenter, City A t rney [PAGE 2 OF 2]