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ORDINANCE NO. 15,575 4 8 i
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 1989; AMENDING SECTION 9 OF ORDINANCE NO.
11,683; 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 revenue to provide
municipal functions and services and desires to increase the
payment of special fees and charges paid by the Power Company;
and
WHEREAS, the City recognizes and accepts the purposes and
results of a 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
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the City in excess of a standard level paid in other 4 82
municipalities to avoid discrimination among customers of the
utility.
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 for such latter privilege the Power Company
shall pay annually to the City a special fee, charge or
imposition as follows:
Beginning January 1, 1989, the Power Company
shall pay in monthly installments, the sum of
5.2% of current gross revenue collection as paid
to it by industrial, commercial and residential
users located within the City limits of Little
Rock.
SECTION 2. It is acknowledged that Ordinance No. 11,683
as amended by Ordinance No. 14,984 which set out the rights and
obligations of the City and the Power Company is the controlling
document over this franchise.
SECTION 3. Nothing herein contained shall be construed
as altering or amending any other rights or obligations of 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's Franchise Agreement as provided
for by Ordinance No. 11,683 is hereby amended to the extent that
it is in conflict with this Section.
SECTION 4. This Ordinance shall be in effect January 1,
1989.
PASSED: November 1, 1988
ATTEST:
CIT CLERK JANE CZECH
APPROVED:
ASSIST AT MAYOR FLOYD G. VILLINES
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MARK STODOLA, CITY ATTORNEY
M.