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HomeMy WebLinkAbout15389M M M M 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 33 34 35 36 • • 5s41 ORDINANCE NO. 15.389 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 1988; 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 D-17 C -(o � � ® M M 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 33 34 35 36 • M M M W W M M W • the City in excess of a standard level paid in other 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, 1988, 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, MI:I:FI PASSED: December 9, 1987 ATTE�T j CITY CLE K JANE CZECH MA OR LOTTIE OR 565