HomeMy WebLinkAbout205101
ORDINANCE NO. 20,510
2 AN ORDINANCE TO FIX AND IMPOSE THE AGGREGATE AMOUNT OF
3 FEES AND CHARGES TO BE PAID THE CITY OF LITTLE ROCK,
4 ARKANSAS, BY ENTERGY CORPORATION AND THE METHOD OF
5 PAYMENT THEREOF; AMEND SECTION 9 OF ORDINANCE NO. 11,683;
6 AND FOR OTHER PURPOSES.
7
8 WHEREAS, Entergy Corporation is duly authorized by a franchise agreement to, among other things,
9 construct, operate, maintain and extend an electric system within the City of Little Rock, Arkansas (the "City"),
10 and to sell, furnish, transmit and distribute electric power and energy to the City and citizens residing therein;
11 and
12 WHEREAS, Entergy Corporation is now providing electric service to the City and its inhabitants and
13 occupying the streets, alleys, airways and other public rights -of -way within the City pursuant to said franchise
14 agreement, and making certain payments to the City in lieu of all other taxes, fees, charges, impositions, and
15 licenses, except general taxes; and
16 WHEREAS, the City is legally authorized to impose and Entergy Corporation is obligated to pay a just
17 and reasonable franchise fee in connection with its operations in the City.
18 NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
19 LITTLE ROCK, ARKANSAS:
20 Section 1: Section 9 of the Franchise Agreement, which is Little Rock, Ark., Ordinance No. 11,683, as
21 amended, is hereby amended to include the following:
22 For the year beginning January 1, 2012, and each year thereafter, Entergy Corporation shall
23 pay in monthly installments, the sum of 5.2% of the Company's gross revenue collection as
24 paid to it by industrial, commercial, and residential users located within the corporate limits of
25 the City of Little Rock or the sum of Eight Million Eight Hundred Thousand Dollars
26 ($8,800,000), whichever is greater. The Company's auditor shall certify such gross revenues.
27 Section 2: Payments to the City by Entergy Corporation of the amounts as provided for in Section 1
28 hereof shall be made monthly on or before the 15th of each month.
29 Section 3: Entergy Corporation shall also be subject to the relocation policy set forth in Little Rock, Ark.,
30 Rev. Code § §2 -350 — 357 (1988).
31 Section 4: All ordinances and parts of ordinances that conflict herewith are hereby repealed; provided,
32 however, only to the extent that the same are in direct conflict herewith. Except as provided, nothing herein
33 shall be construed to alter or change the terms or conditions of the present franchise under which Entergy is
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operating, as set forth in Ordinance 11,683, as amended.
Section �. This ordinance shall be in effect on and after January 1, 2012.
PASSED: 'December 13, 2011
ATTEST:
Y,-City Clerk
AS TO LEGAL FORM:
Thomas M. Carpenter, City A#orney
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