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1 ORDINANCE NO. 18,615
2
3 AN ORDINANCE TO APPROVE A FRANCHISE AGREEMENT WITH
4 THE LITTLE ROCK SANITARY SEWER COMMITTEE FOR THE USE OF
5 CITY RIGHTS -OF -WAY; AND FOR OTHER PURPOSES.
6
7 . WHEREAS, the Little Rock Sanitary Sewer Committee is a semi - autonomous
8 commission that has the exclusive authority for the provision, extension and maintenance
9 of sanitary sewer and stormwater facilities within the corporate limits of the City of Little
10 Rock, Arkansas, and in such extraterritorial areas that have been approved by the City,
11 and
12 WHEREAS, this use of the municipal rights -of -way can be subjected to reasonable
13 terms and conditions by a public utility, and the provision of sanitary sewer services is
14 defined under Arkansas law as a public utility,
15 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
16 THE CITY OF LITTLE ROCK, ARKANSAS:
17 Section 1. The Board of Directors approves entry by the City of Little Rock,
18 Arkansas, effective January 1, 2002, or such time that this franchise agreement becomes
19 effective under Arkansas law, into a franchise agreement with the Little Rock Sanitary
20 Sewer Committee under terms and conditions outlined in this ordinance and set forth
21 more fully in an executed franchise agreement which when executed shall be attached as
22 Exhibit A to this ordinance:
23 (A) The Little Rock Sanitary Sewer Committee, for the use and enjoyment
24 of City rights -of -way, to provide sanitary sewer utility services within
25 the corporate limits of the City of Little Rock, Arkansas, or in such
26 extraterritorial areas that have been approved by the City of Directors,
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Ordinance
Little Rock Sanitary Sewer Franchise Agreement
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I shall be responsible for a franchise fee payment to the City on a
2 monthly basis that is equal to five percent (5 %) of the gross revenues
3 of the Sanitary Sewer Committee;
4 (B) The Little Rock Sanitary Sewer Committee shall comply with the
5 City's utility relocation policy;
6 (C) The Little Rock Sanitary Sewer Committee shall comply with all other
7 applicable City ordinances.
8 (D) The City and the Little Rock Sanitary Sewer Committee shall
9 cooperate to determine title to various properties within the City that
10 must be available to the Sanitary Sewer Committee and for which any
11 easements or other documents of title should be reviewed and
12 modified.
13 Section 2. The franchise fee required by this ordinance shall be paid in monthly
14 installments, each such installment being due not less than thirty (30) days following the
15 end of the month to which it applies. Installment payments may be remitted on an
16 estimated basis, subject to periodic reconciliation, on such terms as may be acceptable to
17 the City Director of Finance.
18 Section 3. Nothing in this ordinance shall be interpreted to suggest that the City
19 is receiving a payment in lieu of taxes from the Little Rock Sanitary Sewer Committee, or
20 that the City is collecting all or a part of the revenues of the Little Rock Sanitary Sewer
21 Committee. Instead, this ordinance merely assesses a fee, as a cost of doing business, for
22 the use of City rights -of -way by the Little Rock Sanitary Sewer Committee.
23 Section 4. The Little Rock Sanitary Sewer Committee, if and only if otherwise
24 permitted to do so under Arkansas law, is authorized to pass through all or part of the
25 franchise fee required by this ordinance to the individual customer of user of services.
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Ordinance
Little Rock Sanitary Sewer Franchise Agreement
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1 Section 5. Severability. In the event any title, section, subsection, paragraph,
2 subparagraph, item, sentence, clause, phrase, or word of this ordinance is declared or
3 adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect
4 the remaining portions of the ordinance which shall remain in full force and effect as if the
5 portion so declared or adjudged invalid or unconstitutional was not originally a part of the
6 ordinance.
7 Section 6. Repeater. All laws, ordinances, resolutions, bylaws, or parts of the
8 same, that are inconsistent with the provisions of this ordinance are hereby repealed to the
9 extent of such inconsistency.
10 PASSED: December 18, 2001
11 ATTEST: APPROVED:
12
13
14 N cy Wo , City Clerk Ji ailey, Mayor
15 APPROVED AS TO LEGAL FORM:
16
17 �2?'
18 Thomas M. Carpenter, City Wttomey
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Ordinance
Little Rock Sanitary Sewer Franchise Agreement
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