HomeMy WebLinkAbout22758 1 ORDINANCE NO. 22,758
2
3 AN ORDINANCE TO AMEND AND CONFIRM SECTION 1 OF LITTLE
4 ROCK, ARK. ORDINANCE NO. 22,604 (APRIL 29, 2025) CONCERNING
5 FRANCHISE FEES TO BE PAID TO THE CITY OF LITTLE ROCK,
6 ARKANSAS BY THE LITTLE ROCK WATER RECLAMATION
7 AUTHORITY;AND FOR OTHER PURPOSES.
8
9 WHEREAS,the City passed Little Rock,Ark.Ordinance No. 18,615(December 18,2001)that,among
10 other things, granted a franchise to the Little Rock Water Reclamation Authority for the use of the City's
11 rights-of-way and set a franchise fee therefor equal to five percent (5%) of the Little Rock Water
12 Reclamation Authority's operating revenues that are attributable to gross income from water sales to
13 customers located within the City during the applicable fiscal year; and,
14 WHEREAS, in December, 2007,the City raised this franchise fee to ten percent(10%) as part of its
15 annual budget process, and through Central Arkansas Water notice of this rate increase was sent to all
16 ratepayers within the City, and was included in the revenues shown for the 2008 Budget for the City
17 contained in Little Rock,Arkansas,Ordinance No. 19,898(December 21,2007); and,
18 WHEREAS, the City intends to amend and confirm Section 1 of Little Rock,Ark., Ordinance No.
19 22,604 (April 29, 2025)to accurately represent the ten percent(10%) franchise fee in effect on that date;
20 and,
21 WHEREAS,this ordinance is not intended to amend the franchise fee percentage in effect for the Little
22 Rock Water Reclamation Authority,but merely to confirm the franchise that has been in effect since January
23 1,2008; and,
24 WHEREAS, the purpose of Little Rock,Ark., Ordinance No. 22,604 (April 29, 2025) was merely to
25 exclude certain revenues of the Little Rock Water Reclamation Authority from the franchise fee calculation;
26 NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
27 OF LITTLE ROCK,ARKANSAS.
28 Section 1. Section 1 of the Ordinance No.22,604 is hereby amended to read as follows:
29 Setting of Franchise Fee. The Little Rock Water Reclamation Authority, for the use
30 and enjoyment of City rights-of-way,to provide sanitary sewer utility services within the
31 corporate limits of the City of Little Rock,Arkansas, or in such extraterritorial areas that
32 have been approved by the City Directors,shall be responsible for a franchise fee payment
33 to the City on a monthly basis that is equal to ten percent(10%) of the gross revenues of
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1 the Little Rock Water Reclamation Authority. For purposes of such calculation, gross
2 revenues shall not include revenues from any user with an installed and billed meter with
3 discharge exceeding 750,000 gallons per day on an annual average, provided the City has
4 contractually accepted an alternate consideration for the Little Rock Water Reclamation
5 Authority's use of its rights-of-way for an eligible user
6 Section 2.The purpose of this ordinance is to amend and confirm prior ordinances,and other legislation
7 such as Little Rock,Ark.Resolution No. 17,017(April 7, 2026),and to any ordinance or resolution which
8 the amount of the annual franchise fee for Little Rock Water Reclamation Authority was in accordance by
9 agreement between the City and Little Rock Water Reclamation Authority, and with Little Rock, Ark.,
10 Ordinance No. 18,898(December 21,2007)which was in effect on and after January 1,2008.
11 Section 3. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or
12 word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or
13 adjudication shall not affect the remaining portions of the ordinance which shall remain in full force and
14 effect as if the portion so declared or adjudged invalid or unconstitutional was not originally part of the
15 ordinance.
16 Section 4. Repealer. All ordinances and parts of ordinances that conflict herewith are hereby
17 repealed; provided, however, only to the extent that the same are in direct conflict herewith. Except as
18 provided,nothing herein shall be construed to alter or change the terms or conditions of the present franchise
19 under which Little Rock Water Reclamation Authority is operating as set forth in Ordinance No. 22,604
20 (April 29,2025).
21 PASSED: April 14,2026
22 ATTEST: APPROVED:
23
24
25 AltAw
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26 Allison Segars,City CI Frank Scott,Jr.,Mayor
27 APPROVED AS TO LEGAL FORM:
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29
30 kVY -64.,"- M
31 Thomas M.Carpenter,City Attorney
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