HomeMy WebLinkAbout203681
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
ORDINANCE NO. 29,368
AN ORDINANCE TO FIX AND IMPOSE THE A GREGATE AMOUNT OF FEES
AND CHARGES TO BE PAID TO THE CITY OF LITTLE ROCK, ARKANSAS, BY
ENTERGY CORPORATION AND THE METHOD OF PAYMENT THEREOF;
AMENDING SECTION 9 OF ORDINANCE O. 11,683; AND FOR OTHER
PURPOSES.
WHEREAS, Entergy is duly authorized by a franchise agreement to, among other things, construct,
operate, maintain and extend an electric system within the City of Little Rock, Arkansas (the "City ") and to
sell, furnish, transmit and distribute electric power and energy to the City and citizens residing therein; and
WHEREAS, Entergy is now providing electric service to he City and its inhabitants and occupying the
streets, alleys, airways and other public rights -of -way within the City pursuant to said franchise agreement, and
making certain payments to the City in lieu of all other taxes, fees, charges, impositions, and licenses, except
general taxes; and
WHEREAS, the City is legally authorized to impose and Entergy is obligated to pay a just and reasonable
franchise fee in connection with its operations in the City.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS:
Section 1: Section 9 of the Franchise Agreement, which is Little Rock, Ark., Ordinance No. 11,683, as
amended, is hereby amended to include the following:
For the year beginning January 1, 2011, and each year thereafter, Entergy shall pay in
monthly installments, the sum of five and two tenths percent (5.2 %) of the Company's gross
revenue collection as paid to it by industrial, 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. The Company's auditor shall certify
such gross revenues.
Section 2: Payments to the City by Entergy of the amounts as provided for in Section 1 hereof shall be
made monthly on or before the 15th of each month.
Section 3: Entergy shall also be subject to the relocation policy set forth in Little Rock, Ark., Rev. Code
§ §2 -350 — 357 (1988).
Section 4: All ordinances and parts of ordinances that conflict herewith are hereby repealed; provided,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 ierewith. Except as provided, nothing herein
shall be construed to alter or change the terms or conditions of the present franchise under which Entergy is
[PAGE 1 OF 2]
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
25
26
27
28
29
30
31
32
33
34
operating, as set forth in Ordinance 11,683, as amended.
Section 5. This ordinance shall be in effect on and after J
PASSED: December 7, 2010
ATTEST:
A usan ng , City Clerk
APPRO ED S TO LEGAL FORM:
Thomas M. Carpenter, ly Attorney
//
[PAGE 2 OF 2]
1, 2011.
APPROVED:
Mark Stodola, Mayor