HomeMy WebLinkAbout15203M
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ORDINANCE NO
15,203
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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 1987; 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 revenues to provide.
municipal functions and services and desires to increase the
payment of special fees and charges paid by the Power Company';
and
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1 WHEREAS, the City.recognizes and accepts the purposes and
2 results of a decision of the Arkansas Public Service Commission
3 and the Arkansas Supreme Court requiring that the charges for
4 service by a utility to customers in the City be adjusted to
5 adequately reflect any additional amounts of charges imposed by
6 the City in excess of a standard level paid in other
7 municipalities to avoid discrimination among customers of the
8 utility.
9 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
10 OF THE CITY OF LITTLE ROCK, ARKANSAS:
11 SECTION 1. The manufacture, sale, furnishing,
12 transmission and distribution of electric power and energy by the
13 Power Company within the City is hereby declared to be a special
14 privilege for such latter privilege the Power Company shall pay
15 annually to the City a special fee, charge or imposition as
16 follows:
17 Beginning January 1, 1987, the Power Company
18 shall pay in monthly installments, the sum of
19 5.2% of current gross revenue collection as paid
20 to it by industrial, commercial and residential
21 users located within the City limits of Little
22 Rock exclusive of any additional revenue collected
23 as a result of the Arkansas Public Service
24 Commission Settlement on the funding of the Grand
25 Gulf Power Facility.
26 SECTION 2. It is acknowledged that Ordinance No. 11,683
27 as amended by Ordinance No. 14,984 which set out the rights and
28 obligations of the City and the Power Company is the controlling
29 document over this franchise.
30 SECTION 3. Nothing herein contained shall be construed as
31 altering or amending any other rights or obligations of the City
32 or the Power Company as provided in the existing Franchise
33 Agreement between the City and the Power Company except that
34 Section 9 of the Power Company's Franchise Agreement as provided
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3
403
' ®R ARKANSAS POWER A ucHT BOMPANY
FRED B. JOHNSON, Manager
Central District
P. O. Box 551
Little Rock, Arkansas 72203 0 (501) 370 -8312
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for by Ordinance No. 11,683 is hereby auieii(lod Lo Lhc extent th:,t
it is in conflict with this Section.
SECTION 4. This Ordinance shall be in effect January 1,
1987.
PASSED: November 4, 1986
ATTEST:
Jane Czech
CITY CLERK
APPROV AS T FORM:
G � r
MARK STODOLA, CITY ATTORNEY
APPROVED:
Tom Milton
ACTING MAYOR
The Arkansas Power & Light Company, a corporation,hereby accepts
the above Franchise subject to the terms and conditions therein this
30th day of December , 1986.
ARKANSAS POWER & LIGHT COMPANY
Louis B
Vice President
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1 for by Ordinance No. 11,683, is hereby amended to the extent that
2 I it is in conflict with this Section.
3 SECTION 4. This Ordinance shall be in effect January 1,
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1987.
PASSED: November 4, 1986
ATTEST:
CITY CLERK JAA CZECH
APPROV AS T FORM:
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MARK STODOLA, CITY ATTORNEY
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APPROVED:
ACTING MAYOR TOM MILTON