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ORDINANCE NO. 14,562
AN ORDINANCE FIXING AND IMPOSING THE AGGREGATE
AMOUNT OF FEES AND CHARGES TO BE PAID THE CITY
OF LITTLE ROCK, ARKANSAS BY ARKANSAS POWER AND
LIGHT COMPANY AND THE METHOD OF PAYMENT THEREOF
FOR 1984; AMENDING SECTION 9 OF ORDINANCE NO.
11683; DECLARING AN EMERGENCY AND FOR OTHER
PURPOSES.
WHEREAS, Arkansas Power and Light Company (hereinafter
referred to as "Power Company ") is duly authorized by franchise
agreement heretofore authorized and entered into by the City to
construct, operate, maintain and extend an electric system and to
sell, furnish, transmit and distribute electric power and energy
in the City of Little Rock, Arkansas (hereinafter referred to as
"City "), to the City of Little Rock and to the citizens residing
therein; and
WHEREAS, the Power Company is now providing electric service
to the City and its inhabitants and occupying the streets, alleys
and other public property of the City pursuant to said franchise
agreement, which provides for certain payments in lieu of all
other taxes, fees, charges, impositions, and licenses, except
general taxes, and further provides that if any special taxes,
fees, charges or licenses are assessed or imposed upon or against
the Power Company that the obligations for payments under said
franchise agreement shall immediately terminate; and
WHEREAS, the City requires additional revenues to provide
municipal functions and services and desires to increase the
payments of special fees and charges paid by the Power company;
and
WHEREAS, the City recognizes and accepts the purposes and
results of decision of the Arkansas Public Service Commission and
the Arkansas Supreme Court requiring that the charges for service
by a utility to customers in the City be adjusted to adequately
reflect any additional amounts of charges imposed by the City in
excess of a standard level paid in other municipalities to avoid
discrimination among customers of the utility.
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
THE CITY OF LITTLE ROCK, ARKANSAS.
SECTION 1. The manufacture, sale, furnishing, transmission
and distribution of electric power and energy by the Power
Company within the City is hereby declared to be a special
privilege and the use of municipal lands and properties is a
special privilege for such latter privilege the Power Company
shall pay to the City a special fee, charge or imposition as
follows:
For the year 1984 the Power Company shall pay
in equal monthly installments beginning
January 1984, the sum of Five Million Dollars
($5,000,000.00).
SECTION 2. Nothing herein contained shall be construed as
altering or amending any of the rights or obligations of either
the City or the Power Company as provided in the existing
Franchise Agreement between the City and the Power Company except
that Section 9 of the Power Company Company's Franchise Agreement
as provided for by Ordinance No. 11683 is hereby amended to the
extent that it is in conflict with this Section.
SECTION 3. All ordinances and parts of ordinances in
conflict with the provisions of this ordinance are hereby
repealed.
SECTION 4. It is hereby found by the Board of Directors
that there is an urgent need for additional revenues for the City.
Therefore, an emergency is declared to exist, and this ordinance
being necessary for the preservation and advancement of the
public peace, health and safety shall be in full force and effect
from and after its passage.
PASSED: December 6, 1983
ATTEST: &PROVED:
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