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ORDINANCE NO. 14,361
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;
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 decisions 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 1983 the Power Company shall pay in equal
monthly installments beginning January 1983, the sum of
Four Million Three Hundred Fifty Thousand
Dollars($4,350,000.00).
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 7, 1982
ATTEST: APPROVED:
CIT 0 LERK AYOR
ACCEPTANCE
WHEREAS; the City Council of the City of Little Rock of Pulaski
County, Arkansas, did on the 7th _ day of December A.D. 19 82 enact
an ordinance entitled: 14,360
AN ORDINANCE LEVYING ADDITIONAL PRIVILEGES FEES TO-BE PAID BY SOUTHWESTERN
BELL TELEPHONE COMPANY FOR THE YEAR 1983; PROVIDING FOR THE PAYMENT THEREOF;
DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES.
and
WHEREAS, said ordinance was on the 7th day of December A.D.
19 82 , duly approved and signed by the Mayor of said City and the seal of
said City thereto affixed and attested by the City Clerk:
NOW; THEREFORE; in compliance with the terms of said ordinance so enacted,
approved and attested, the Southwestern Bell Telephone Company hereby accepts
said ordinance and files this its written acceptance with the City Clerk of said
City in his said office.
Dated this 22nd day of
December
19 82
Approved: - SOUTHWESTERN BELL TELEPHONE COMPANY
_ By—
General Attor ey Vi esident- Arkansas
Acceptance filed in the office of the y Clerk of
This igA.1L day of A.D. 19 )F3
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—V City Cler