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HomeMy WebLinkAbout16327M • ORDINANCE NO. 16,327 ro8 7 1 2 3 AN ORDINANCE FIRING AND IMPOSING THE AGGREGATE 4 AMOUNT OF FEES AND CHARGES TO BE PAID THE CITY 5 OF LITTLE ROCK, ARKANSAS BY ARKANSAS POWER AND 6 LIGHT COMPANY AND THE METHOD OF PAYMENT 7 THEREOF BEGINNING IN 1993; AMENDING SECTION 9 8 OF ORDINANCE NO. 11,683, AND FOR OTHER 9 PURPOSES. 10 11 12 WHEREAS, Arkansas Power and Light Company (the "Power 13 Company ") is duly authorized by franchise agreement to, among other 14 things, construct, operate, maintain and extend an electric system 15 within the City of Little Rock, Arkansas (the "City ") and to sell, 16 furnish, transmit and distribute electric power and energy to the 17 City and citizens residing therein; and 18 WHEREAS, the Power Company is now providing electric service 19 to the City and its inhabitants and occupying the streets, alleys, 20 airways and other public rights -of -way within the City pursuant to 21 said franchise agreement, and making certain payments to the City 22 in lieu of all other taxes, fees, charges, impositions, and 23 licenses, except general taxes; and 24 WHEREAS, the City is legally authorized to impose and the 25 Power Company is obligated to pay a just and reasonable franchise 26 fee in connection with its operations in the City. 27 NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE 28 29 CITY OF LITTLE ROCK, ARKANSAS: 30 SECTION 1: Section 9 of the Franchise Agreement which is 31 Little Rock, Ark., Ordinance No. 11,683, as amended, is hereby 32 amended to include the following: 33 For the year beginning January 1, 1993, the Power Company 34 shall pay in monthly installments, the sum of five and 35 two tenths percent (5.2 %) of the Power Company's gross 36 revenue collection as paid to it by industrial, 0 -o1 'B-( I 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 0 commercial, and residential users located within the corporate limits of the City of Little Rock or the sum of Eight Million Eight Hundred Thousand Dollars ($8,800,000), whichever is greater. Such gross revenues shall be certified by an officer of the Power Company. SECTION 2: Payments to the City by Arkansas Power and Light Company of the amounts as provided for in Section 1 hereof shall be made monthly on or before the 15th of each month. SECTION 3: All ordinances and parts of ordinances that conflict herewith are hereby repealed; provided, however, only to the extent that the same are in direct conflict herewith. Except as provided, nothing herein shall be construed to alter or change the terms or conditions of the present franchise under which the Power Company is operating, as set forth in ordinance 11,683, as amended. SECTION 4. This ordinance shall be in effect on and after January 1, 1993. PASSED: December 21, 1992 ATTEST: CITY CLERK ROHHIE HANCOCK APPROVED AS TO FORM: THOMAS M. CARPEN TE CITY ATTORNEY APPROVED: MAYOR SHARON PRIEST ..