amended ordinance no. 99 -2a inc., its successors and assigns, the

AMENDED ORDINANCE NO. 99 2A
-
AN AMENDED ORDINANCE GRANTING TO ENTERGYARKANSAS,
INC., ITS SUCCESSORS AND ASSIGNS, THE EXCLUSIVE RIGHT,
PRIVILEGE AND AUTHORITY, FOR A PERIOD OF
YEARS, TO
SELL, FURNISH AND DISTRIBUTE ELECTRIC POWER AND ENERGY
AND ERECT, MAINTAIN, EXTEND AND OPERATE A SYSTEM FOR THE
DISTRIBUTION, TRANSMISSION, FURNISHING OR SALE OF ELECTRIC
POWER AND ENERGY TO THE CITY OF HIGHLAND, ARKANSAS,
WITHIN THE UTILITY'S ALLOCATED SERVICE TERRITORY, AND THE
INHABITANTS AND ALL OTHER CONSUMERS THEREOF, AND TO USE
THE STREETS, ALLEYS, BRIDGES AND OTHER PUBLIC GROUNDS OF
THE TOWN IN CONNECTION THEREWITH; FIXING THE TERMS
THEREOF, AND FOR OTHER PURPOSES.
WHEREAS, the City must have an adequate and dependable supply of electric
power and energy to perform its governmental functions and to promote the peace, health
and safety of its inhabitants; and
WHEREAS, electricity has become a household necessity, and an adequate and
dependable supply of electric power and energy is essential for carrying on the business
and industrial activity of this community; and
WHEREAS, it is in the public interest that there be no duplication of electric
facilities on the streets; and
WHEREAS, Entergy Arkansas, Inc.,by the acceptance of the rights and privileges
granted hereunder, is willing to, and does, obligate itself, its successors and assigns, to
meet the reasonable requirements of this City and its inhabitants for electric power and
energy within utility's allocated service territory;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
HIGHLAND, ARKANSAS, THAT:
SECTION 1. The City of Highland, Arkansas, did on June 24, 1999, adopt
Ordinance No. 99 2A
- granting to Entergy Arkansas, Inc.,the exclusive right, privilege, and
authority for a period of two (2)years to sell, furnish and distribute electric power to the
City of Highland, Arkansas, and its residents. The two (2)year time period has expired
and the City Council hereby grants to Entergy Arkansas, Inc.,the exclusive right, privilege,
and
authority
for
an
additional
period
of
years to sell, furnish, and
e
distribute electric power to the City of Highland, Arkansas, and its residents.
SECTION 2. Ordinance No. 992A
- is hereby amended to an extension of the rights
and
obligations
of
Entergy Arkansas, Inc.,for
an
additional(r
)
years, subject
to the same terms and conditions contained within the original Ordinance No. 99 2A,
except as amended herein.
PASSED this
CV
day
of
1999. boa
SIGNED: G./
2
Mayor, David
ATTEST:
Shackelf
d
a0,
4a
City Cleri, Carol Frolo
APPROVED AS TO FORM:
I,
Atto ney, Kevin
_
ing
Entergy Arkansas, Inc.,a corporation, hereby accepts the above franchise subject
2001
day of
to the terms and conditions therein this
Entergy Arkansas, Inc.
By:
Vice President
0
Villager Journal
2
P.
O. Box 480
Cherokee Village, AR 72525
PROOF OF PUBLICATION §
STATE OF ARKANSAS
COUNTY OF SHARP
I, David H. Cox, do solemnly swear that I
am the Editor of the Villager Journal, a weekly newspaper,
having a bona fide and general circulation in said county
and published in the Suburban Improvement District of
Cherokee Village, in the county and state aforesaid, and
that the proof of which the attached is a true copy, was
pub!'Shod in the fuii and coy ripleie edition consecutively as
follows:
The first insertion
on
L3v 2t/
the
day ofU
c1
19
The second insertion on the
day
of
19_
The third insertion on the
day
of
19
The fourth insertion on the
day
of
19—
The fifth insertion on the
day
of
Sworn
19—
o a
subscribed before me this
day
of
9/frit.
e.
19
9
NOTARY PUBLIC
My Commission expires
r
S
3
QTgRy
LI L I CC
c%
AR
TY'
4?
o
g 1-
oiPu'
iewnsuoo P ..
pRpINNC
GEE
roily lc'
A
ITS
A
P
EXCUSI
VE
HpRITY,
E-M ,
herein, shall
TW O l2)
ISH ANp
ER
got
be locatedssouasoto
e
in
nd
as
Elec
by the National
within yes
IT
THEREFORE,COUNCIL
tenan
growing
1
service territory,
utility's allocated
transmit
to sell, furnish,
encroaching
hanging
and
a
places
ando Gra toe
to
energy
electric power and
consumers
and con
and to all inhabitants
to construct,
and
(
2)
limits,
within said
and extend a sys
naSECTION
5
a
an
revenues
gross
Highland
Hig
ublic interest, convenience
in the City
of the
by facilities;
no unne
hat theresuch
is due, necessity that
which said fee
received by
t
such controversy
shall be referred to sary enactmentt ofof this Ordinance
this to tin C
novena these
emerg,
eegul toorry Pat
Thern
sulccessor
vdzens.
i
Aeof nsuch may
ps
have jurisdiction
which
is declared, tonecessary
exist, and
t eispre
f
agency
for final
being
the Grantee,
ee,
for
final
Commisof the p
said
and the decision
settee and
over
d
upon both parties
ef s
the
sion,
the
rightaeprivileges
determines
and
peace,
health
safety,
effect and
be inandforce
from shat
and
from
and under
agreed
ag
d G
novel.
pp .
thhe Grantor and Grantee that
stood bytexpressly
that the date of its approval
ame
payment
It is
the
facilities).
I'
w
SECTION
y
the aforesaid
and be considered
meet and
ntee
r
Comp lets
as
does
ATTEST: City Clerk,
by the Grantee,
atat
APPROVED A$
TO FORM:
King
Kevin
assigns, of
Attorney,
by acceptance
provide
to the
City and
its
able and proper
promptly
loss
regulation
the fullest extent
as
us
by
by law, and
limited herein,the
otherth
o-
firms
other persons,
in the sale or
to engace
floes seeking
electric energy.
of
distribution
of Grantee
SECTION 3.All facilities
ty
tr s
shed
r
ses
on
s
shs
tl
da
or
in
be
ice
paid
for
with
the
a
caused
Grantee,
in construct
tee now on file and o/ r as they mayand
employees,
said the future be tiled by the Grantee
Public
and maintaining
by
e
age
ra rate
in
and
k
Arkansas
approvedapproved by the
en
th
o
regu The
oter regulatory
app
jurisdiction.
authority having
SECTION 8. The Grantee shall Grant
ee anyshalamount
l have due
the Grantor
privilegewithof
Grant
endeavor at all times to keep
l
is
a
for
the Grantor
negli- by the
expense
other public grounds.
except as otherwise
Granand privileges to
1
grants or rights
Section
to
subject
in
tee
or
duplication
with,
from interference
turn
SECTION
streets,
t
e, to
and otherwise,
permitted
or
t
f the
such facilities
and zones,
in all, such areas
Hance,
Elected se
reet lighting
revenues
avoid
Bence of
servants or
P
any
ing, operating
aving or repairing
or
facilities or in rep
bridges
g
alleys,
aveneues,
to serve cgs
a , agrees to protect
inGrantor
to
pu p
other
heland
r
njury
Grantor
the said Grantor from darrrag
defined above, required
of the
in all areas and
of
nst
the construction
to
c
City, consents
in Section 1
as defined
re
y he
the Grantee set forth herein,to
the sum of four and one
-quarter
quarterly ofnthe g ross
save
ty and
perform
p
to
the need and duty
r, and
construct its facilities,
By: (vice president)
1t)
the
imposed
damageshall
or injury
to persons or proper
hold and
continuing investment its obligations
hereunder,
precaution
ties in
a
reasonable
tacit-
state of
es
and tee
for
ete
balances due
to such p
and to conform
and equipment said Grantor.
SECTION
install such applianceswith the customin keeping
as
es
rendered to
Upon written accep-
Grantee,
may be
Ordinance shall
ary
tar usage
size inandthispracti
Stateceduriin cintgiesthofe simitime tance
constibytute a contract bettwweenen Grantor
Grantor
shall remain
this tanchise
tan month
SECTION
of July
9. Beginning
terms and con<
blank) day of It
1999.
under
byby ee Grantor
law,
the Grantor by
i
of its tacit
and maintenance
use reason
shall
ities, said Grantee
ser-
to the
whiimposed
ch are nowor might in thefuture be therein Entergy
this Arkansas, Inc.
operation
utility
Arkansas, Inc.,a col
hereby
herei
SECTION 7. In the construction, Cipercent
ty the sumandof commercial electric
residentialshall
immedi
inhabitants
public
vice
such service.
necessary to provide the large and
of
Grantor,in recognition necessary
Grantee
ise
es, and the general
thereof.
reasonable electric
adequate and
and the facilities
as a
Entergy
taxes of any
taxfees, special millage
bile license
taxes)
valorem
ad
enera
future be
authority having 1
there
shall, and
hereof, agree to
e,
PASSEDPASSED this sot
Robert Var
SIGNED: Mayor, Paula
Full
u
pay-
scribed, and as said rates my from pos upon
re u- In the eventby such
other taxobligation
ortaxes are
Grantor,
2. Grantee
n e
i
sion shall be
hereto.
ow p
pre-
r_
e
duplication
upon
as presently enacted or itsteesrchargesssi
censes,
pnsi
kind (other than auiomo
thereinafter
nest
franchise'
to
furnishing
si
utility
to be paid by
any, and to
the
City,
to
service
he
a
to the amount
of g
Grantee
and use any
underunder and upon
avenues, bridges
alleys,
the streets,
and other public
to, or
with provisions
the State of
way s belonging
1935 Acts of
f or the
grounds and
Grantor,
324 of the
of
under the control
maintaining Arkansas,
of erecting,
purpose
and operating
hereafter amended.
are to
replacing
rates which
repairing, anchors, stubs,transfer
SECTION 6.The
serelectric
for
poles, wires,
charged by Granteeb
cables, conduits
shall
mars, substations,
liances
vice hereunderhereunder
facilities, app
and other related
lawfully app oven
from
are now
which are necessary
and apparatus
sale,
Grantee
useful in,
for
be amended by
time to time,
distribution of said
9
transmission or
with law or by
called
in accordance
ris .
hereinafter
service
(
t
jurisdiction
electric
L.
he C
of
fee is
tomers on
due. In the
between the
public
property
continue
pa
passage term
declared by
gross revenues
of Grantee from cus terms and conditions for the use
which said'fran
event of
streets, alleys
alleys 'and other pu
C streets,
Controversy
GfGrantee
se City
electric acilities that it
Grantor
shall
9
hereby granted
of
and authority
d
from
and
there
and
a
Ordinance,
inaed inin accordance
after, untilit terminated
44 of Act
ions of Section
maintain, operate
and to enter on,
such purposes
and all of
been
14. It has
City of Highlandten1F
and
is here
need
an urg
urgent the
need to
to stat
state tern
there isis anrg
to the
g
or offer hazards
which interfere
ai
and mainteion,
operation
construct
Grantee's
All ordinances ar
SECTION
Grantee's
relating
alat
fide a tr
on
p ublic
ram
and
e
Highland,
provision
P
repealed.
hereby
are
those
mine and verify, ,
to
e Grantee,
the
facilities
C's of
are
ffect w ititF
effect
e
p arts of ordinances in conflict herewi
a
P
of this Ord
provided
uni
f
orm
cl
a
ssi
f
i
c
ati
o
n
standards.
and
provi
s
i
o
ns
Grantor shall have the right to exa- whitoa9ity
ch electric service is
agree upon adequate
so
BY THE CITY
OF THE CITY
ARKANSAS THAT:
OF HIGHLAND,
growth
City of Highland
SECTION 1.The
t:'!
called CityY or whys, places and public property
to the
hereinafter
Arkansas (
or offer hazards
to Entergy
which interfere
used
g rants
Grantor) hereby its successors and
Grantee'
s
of
P
operation
of a
electric
Arkansas, Inc.,
the
for
is
called EntergY
or useful
further,further, Grantee
assigns (hereinafter right,privilege service,
and
exclusive
authority
the
Grantee),
right,
of two (2) hereby given
g
remove
for a period
trim,cut and
and authority,
resentandallfutur
or growth
permission
p
withinthe
shrubbery
of
trees,
trees,
years,
rate limits
but overthe corporate
portions of
expansion of
on private property
Arkansas, within
Ues
revenues
clause
provision,
grant
SECTION
en's
preceding quarter's
payment 3rd
q
the
ment is
which
payment
for
of 1999
class
or
are
month of each quarter
Sept.
br
clauses,
words,
sections
g
declared
to be and
severable
hereby declared
due. Residential and commercial
its facitifies.
its suc
4.The Grantee,
O
SECTION
is hereby given
cessors and assigns, remove trees,
trim, cut or
the right
on or in public
or 9
shrubberyy
ORDAINED
the
ate
revenues.The firstt such
p Y
1999, for
be made in
licationtthereo
napplication
pay-
Cy the first
based on the
quarter
property
public
ways places andoperation
p
and mainelectric
the construction,
inhabitants
E
BE
limits of the
s shall be
or
application
word, section
n
can be g ive
HancenanCe which
the invalid provision
said
this end,
and
Entergy
to
p
any other
affect
and
residential
lids
Grantee, its suc
cal Safety Code.
shall replace
ll
cessors and assigns,
expense,
at de own exp
a
and repair,
damage
other
or
holes
of
excavations,
regwrements
wen
it top
public streets,
electric power
in
caused or done by
NOW
q
precedin
the
of thi5
or circumstances,
to any person
ll no
s
such invalidity
invalid,
held
ppercent
four and one -quarter
g quarter's
the
section
Ordse,
amount
the
in
electric revenues commercial
and
by residential
stan-
accordance with
E
and
and eenergy
service territory;
s
i.
a
of
4.
25%)
use
rand
constructed, operated
ai
Maintainee
FURNIS
^
ale
its
to
of
Ind
hall
4A gYSTEM M1
RE MA1
gS10OF,
N, TRAN LE
pP ERATE
c1
p1S-tpt1BUT
NG
,.,
W ^ °"
AArtthishis CityCity
E
determine
franchise
public ways,
p
clause, word,word, ,
a
City
ty
the
to
a
pa
H ands at least equivalent to the stan- tomers locatedmrade
CTR
withinbyereafter,
the to the
EMEND
prescribed
A14
TIM
1, tAIS
P
on
obstruct public
itot unreasonably
Grantee's
travel. All
FURS-
TO SELL
located
es and ,
lc
Of
PEA
A
be
which
YEAR S IBUTE ELE AND
ENERGY AHD
A
K
TO
AND
ARKANp ASgIGNS,
ERG
SOBS
aIVILEGE
CCE
IO
ENT
I
CANTING
INO•
Jo
Villager
noel
1999, Entergy will quarterly
and the
Grantee, and
SECTION 12. If any p
revision,
./
ORDINANCE NO. 9c? 2—
AN ORDINANCE GRANTING TO ENTERGY ARKANSAS, INC.,ITS
SUCCESSORS AND ASSIGNS, THE EXCLUSIVE RIGHT, PRIVILEGE AND
AUTHORITY, FOR A PERIOD OF TWO (2)YEARS, TO SELL, FURNISH
AND DISTRIBUTE ELECTRIC POWER AND ENERGY AND ERECT,
MAINTAIN, EXTEND AND OPERATE A SYSTEM FOR THE
DISTRIBUTION, TRANSMISSION, FURNISHING OR SALE OF ELECTRIC
POWER AND ENERGY TO THE CITY OF HIGHLAND, ARKANSAS,
WITHIN THE UTILITY'S ALLOCATED SERVICE TERRITORY, AND THE
INHABITANTS AND ALL OTHER CONSUMERS THEREOF, AND TO USE
THE STREETS, ALLEYS, BRIDGES AND OTHER PUBLIC GROUNDS OF
THE
TOWN
IN
CONNECTION THEREWITH; FIXING THE TERMS
THEREOF, AND FOR OTHER PURPOSES.
WHEREAS, the City must have an adequate and dependable supply of electric
power and energy to perform its governmental functions and to promote the peace, health
and safety of its inhabitants; and
WHEREAS, electricity has become a household necessity, and an adequate and
dependable supply of electric power and energy is essential for carrying on the business
and industrial activity of this community; and
WHEREAS, it is in the public interest that there be no duplication of electric
facilities on the streets; and
WHEREAS, Entergy Arkansas, Inc.,by the acceptance of the rights and privileges
granted hereunder, is willing to, and does, obligate itself, its successors and assigns, to
meet the reasonable requirements of this City and its inhabitants for electric power and
energy within utility's allocated service territory;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
HIGHLAND, ARKANSAS, THAT
fi
SECTION 1. The City of Highland, Arkansas, hereinafter
(
called City or Grantor)
hereby grants to Entergy Arkansas, Inc.,its successors and assigns h( ereinafter called
Entergy or Grantee),the exclusive right, privilege and authority, for a period of two 2
( )
years, within the present and all future expansion of the corporate limits of the City of
Highland, Arkansas, within utility's allocated service territory, 1)
( to sell, furnish, transmit
and distribute electric power and energy to Grantor and to all inhabitants and consumers
within said limits, and 2
( )to construct, maintain, operate and extend a system for such
purposes and to enter on, under and upon and use any and all of the streets, alleys,
avenues, bridges and other public grounds and ways belonging to, or under the control of
Grantor, for the purpose of erecting, maintaining, repairing, replacing and operating poles,
wires, anchors, stubs, transformers, substations, cables, conduits and other related
facilities, appliances and apparatus which are necessary for or useful in, the furnishing,
sale, transmission or distribution of said electric service (hereinafter called facilities).
SECTION 2. Grantee shall, and does by acceptance hereof, agree to provide to the
City and its inhabitants adequate and reasonable electric service as a public utility and the
facilities necessary to
provide
such service.
Grantor, in recognition of the large and
continuing investment necessary for Grantee to perform its obligations hereunder, and the
need and duty to promptly construct its facilities, as defined above, required to serve
customers, in all areas and zones of the City, consents to the construction of such facilities
as defined in Section 1 in all such areas and zones, and the Grantor agrees to protect by
and except
ordinance, regulation and otherwise, to the fullest extent permitted by law,
as
otherwise limited herein, the grants or rights and privileges to Grantee set forth in and
subject to Section 1 from interference with, or duplication by, other persons, firms or
corporations seeking to engage in the sale or distribution of electric energy.
SECTION 3. All facilities of Grantee which may be located on public ways, places
and public property, as authorized herein, shall be located so as to not unreasonably
obstruct public use and travel. All of Grantee's facilities shall be constructed, operated
and maintained in accordance with standards at least equivalent to the standards
prescribed by the National Electrical Safety Code. Grantee, its successors and assigns,
shall replace and repair, at its own expense, all excavations, holes or other damage
Ys P
, places and public
caused or done byY it to ppublic streets, ways,
p
p P
property
Y in the construction
operation and maintenance of its facilities.
9
SECTION 4. The Grantee, its successors and assigns,
is herebyY9given the right
9
to
trim, cut or remove trees, shrubbery or growth on or in public ways, places and public
property which interfere or offer hazards to the operation of Grantee's facilities used or
useful for the rendition of electric service, and, further, Grantee is hereby given the right,
authority and permission to trim, cut and remove portions of trees, shrubbery or growth
growing on private property but overhanging or encroaching on public ways, places and
public property which interfere or offer hazards to the construction, operation and
maintenance of Grantee's facilities.
SECTION 5.
9
p
9
The rights,
privileges
and authorityY herebyY9granted shall exist and
continue from the date of passage of this Ordinance, and thereafter, until terminated in
accordance with provisions of Section 44 of Act 324 of the 1935 Acts of the State of
Arkansas, as presently enacted
or
hereafter amended.
1
SECTION 6
The rates which are to be charged by Grantee for electric service
hereunder shall be those which are now lawfully approved or prescribed, and as said rates
may, from time to time, be amended by Grantee in accordance with law or by any
regulatory authority having jurisdiction thereof.
SECTION 7. In the construction, operation and maintenance of its facilities, said
Grantee shall use reasonable and proper precaution to avoid damage or injury to persons
or property and shall hold and save harmless the said Grantor from damage, injury, Toss
or expense caused by the negligence of the Grantee, or its agents, servants or employees,
in constructing, operating and maintaining said facilities or in repaving or repairing any
streets, avenues, alleys, bridges or other public grounds.
SECTION 8.
The Grantee shall endeavor at all times to keep its facilities in a
reasonable sate of repair, and to conform to such practices and install such appliances
and equipment as may be in keeping with the customary usage and practice in cities of
similar size in this State during the time this franchise shall remain in force.
SECTION 9
Beginning
the month
offul11999, Entergy will quarterly determine
g'
and pay to the City a franchise payment in an amount equal to four and one -quarter
percent (4.
25 %) of the preceding quarter's gross residential and commercial electric
revenues as paid to Entergy by residential and commercial customers located within the
corporate limits of the City. Thereafter, payments shall be made by Entergy to the City the
first month of each quarter based on the preceding quarter's revenues. The first such
payment is to be made inpfb1999,for the3rct quarter of 1999 for which payment is due.
Residential and commercial electric revenues are those revenues so classified pursuant
to Grantee's uniform classification standards. Grantor shall have the right to examine and
4
verify, from the records of the Grantee, any data relating to the gross revenues of Grantee
from customers on which said franchise fee is due. In the event of a controversy between
the Grantor and Grantee as to the amount of gross revenues received by Grantee in the
City of Highland upon which said fee is due, such controversy shall be referred to the
Arkansas Public Service commission, or such successor regulatory agency which may
have jurisdiction over the Grantee, for final determination, and the decision of said
Commission shall be binding upon both parties hereto.
It is expressly agreed and understood by the Grantor and Grantee that the aforesaid
payment shall constitute and be considered as complete payment and discharge by the
Grantee, its successors and assigns, of all licenses, fees, charges, impositions or taxes
of any kind (other than automobile license fees, special millage taxes, and the general ad
valorem taxes) which are now or might in the future be imposed by the Grantor under
authority conferred upon the Grantor by law. In the event such other tax or taxes are
imposed by Grantor, the obligation of the Grantee set forth herein, to pay the City the sum
of four and
25 %) quarterly of the gross residential and commercial
quarter percent (4.
one -
electric revenues shall immediately terminate.
SECTION 10.
Electric service furnished the Grantor for street lighting and other
purposes shall be paid for by the Grantor in accordance with the applicable rate schedules
of the Grantee now on file and or
/ as they may in the future be filed by the Grantee and
approved by the Arkansas Public Service Commission or other regulatory authority having
jurisdiction. The Grantee shall have the privilege of debiting any amount due Grantor with
any
unpaid balances due
said Grantee for electric service rendered to said Grantor.
SECTION 11.
Upon written acceptance by Grantee, this Ordinance shall constitute
a contract between Grantor and the Grantee, and its successors and assigns.
SECTION 12.
If any provision, clause, word, section or grant of this Ordinance, or
the application thereof to any person or circumstance, be held invalid, such invalidity shall
not affect any other provision, clause, word, section or grant of this Ordinance which can
be given effect without the invalid provision or application, and to this end, said provisions,
clauses, words, sections and grants are hereby declared to be severable.
SECTION 13.
All ordinances and parts or ordinances in conflict herewith are
hereby repealed.
SECTION 14.
It had been found, and is hereby declared by the City Council of the
City of Highland that there is an urgent need to state terms and provisions of the franchise
under which electric service is provided to the City and other consumers therein, to agree
upon adequate franchise fee to be paid by the utility furnishing such service to the City,
if any, and to fix terms and conditions for the use of City streets, alleys and other public
grounds for electric facilities that it is in the public interest, convenience and necessity that
f
there by no unnecessary duplication of such facilities; and that enactment of this
Ordinance will provide these benefits to the City and its citizens. Therefore, an emergency
is declared to exist, and this Ordinance being necessary for the preservation and
advancement of the public peace, health and safety, shall take effect and be in force from
and after the date of its approval.
1
PASSED this
24A
+
day
3(A.N C,
of • -
1999.
letehtr
/
Mayor, Robert Vance
SIGNED:
PO 0120L
ATTEST:
City
APPROVED AS TO FORM:
6.
Clerk, Paula
k
Fblgham
7
Cit • A • rney, Kevin
L
in
Entergy Arkansas, Inc.,a corporation, hereby accepts the above franchise subject
to the terms and conditions therein this
day
of
1999.
Entergy Arkansas, Inc.
By
Vice President
1
1
EAntergy
Entergy Customer Service
Qf
1
1800 S. Elm Street
Blytheville, AR
bJ
72315 7850
-
t
Tel 870 762 3590
t
March 9, 1999
The Honorable Bob 'ance
Mayor
of
Highland
1
P. O. Box 5058
Highland, AR 72
Dear Mayor Vance:
Entergy's franchise tax payment to your City is based on revenues collected inside your
corporate limits, so it is important that we ensure the accuracy of those records.
We conduct periodic reviews of those corporate boundaries and need your assistance to
ensure our
records
are
correct.
Please send us any boundary modifications you have
made to your corporate limits within the last year. If the boundary changes impacted a
certain customer population, please furnish us with the customers' names, where
possible, or a definitive description of the boundary extension.
Also, if you have any pending or proposed annexations on the books, please send us that
information as well. Please send boundary information to:
Jan Gurley
Entergy
1800 S. Elm Street
Blytheville, AR 72315
We appreciate your usual cooperation and would welcome any questions you may have.
Please call me at 870 -762 3568.
-
Sincerely,
01-6- eekAv
k
Customer Service Manager
j
1
CERTIFICATE
STATE OF ARKANSAS
COUNTY OF SHARP
ss
CITY OF HIGHLAND
I, Paula Fulgham, City Recorder within and for the City aforesaid, do hereby certify
that the
foregoing is
a
true and correct copy of Ordinance No
CI '?
L.Aof the
Ordinances
of the City of Highland, Arkansas, entitled:
AN ORDINANCE GRANTING TO THE ENTERGY ARKANSAS, INC.,ITS
SUCCESSORS AND ASSIGNS, THE EXCLUSIVE RIGHT, PRIVILEGE AND
AUTHORITY, FOR A PERIOD OF TWO (2)YEARS, TO SELL, FURNISH
AND DISTRIBUTE ELECTRIC POWER AND ENERGY AND ERECT,
MAINTAIN, EXTEND AND OPERATE A SYSTEM FOR THE
DISTRIBUTION, TRANSMISSION, FURNISHING OR SALE OF ELECTRIC
POWER AND ENERGY TO THE CITY OF HIGHLAND, ARKANSAS, AND
THE INHABITANTS AND ALL OTHER CONSUMERS THEREOF, AND TO
USE THE STREETS, ALLEYS, BRIDGES AND OTHER PUBLIC GROUNDS
OF THE CITY IN CONNECTION THEREWITH; FIXING THE TERMS
THEREOF, AND FOR OTHER PURPOSES ";
passed by
the
City Council
of said
City
1
on
1999, together
with a true and correct copy of excerpts from the minutes of a meeting of the said City
Council held on said date, as same pertain to the passage thereof, now of record in my
office.
IN WITNESS WHEREOF, I have hereunto set my hand and seal of office on this
1
day
of
St,
hl-E
A.D 1999.
t1t0.it
of Rio
l r -1
City Recorder'
1
City of Highland, Arkansas
EXCERPTS FROM THE MINUTES
OF A MEETING OF THE CITY COUNCIL
OF THE CITY OF HIGHLAND,
A)e t 4 41,
ARKANSAS, HELD ON- Su—
11999.
Chambers of the City Council
Highland, Arkansas
P.
M.
o - L4
"
1999, 1
The City Council of the City of Highland, Arkansas, met in regular session on
at
SLLNH, Z 4 ' k
1999,
,
previously
been
given
7
p.
m.,due notice of said meeting having
to each of the members of the council.
Mayor Robert Vane
presided, and Paula Fulgham, City Recorder, and the following Council Members were
present:
Vt.a,Suble
3
- ++
SaLk. earrnc)rU
Ser
c
G
f1 oj
okxsoN,Oc,ctS1 iA)
B
Ai
G ,
1 , 11
ra /
C
C-I`
LLNIL
c1
were absent.
Council Members
There
AN
was
then p resented Ordinance No
ORDINANCE
GRANTING
TO
9 c1- Z A
ENTERGY
entitled:
ARKANSAS,
INC., ITS
SUCCESSORS AND ASSIGNS, THE EXCLUSIVE RIGHT, PRIVILEGE AND AUTHORITY,
FOR A PERIOD OF TWO (2)YEARS, TO SELL, FURNISH AND DISTRIBUTE ELECTRIC
POWER AND ENERGY AND ERECT, MAINTAIN, EXTEND AND OPERATE A SYSTEM
FOR THE DISTRIBUTION, TRANSMISSION, FURNISHING OR SALE OF ELECTRIC
POWER AND ENERGY TO THE CITY OF
HIGHLAND, ARKANSAS, AND THE
I
s
9
I
INHABITANTS AND ALL OTHER CONSUMERS THEREOF, AND TO USE THE
STREETS, ALLEYS, BRIDGES AND OTHER PUBLIC GROUNDS OF THE CITY IN
i
CONNECTION THEREWITH; FIXING THE TERMS THEREOF, AND FOR OTHER
t
PURPOSES; which ordinance
was
read the first time
Upon question by Mayor Robert
Vance, the City Recorder stated that the ordinance as read had been on file in the Office
of the City Clerk for the required seven days for filing of franchise ordinances. Council
member
cc-1) -c.‘k el P
of
-
a
then moved that the rules be
^
suspended
and the
l
1
I.
ordinance as read be placed on second reading. This motion was seconded by Council
Member (Q
14 e,
L
(
Ayes - Council Members
S\
C1c ke.1 c c'k1
I
q
r
Noes -
ion ,
and adopted by the following role call vote:
l„,,
arr1Oti ) Gra,L4
It C1
/.) N
r t
(
Ai' I/
i
r /
01(_.
/
,i4,
- S0it.;
c)
1
i
.
r
7
total
-
J
Absent - Council Members
1
ra
f
Nci i M o l l at u o..
r
total
Said ordinance was then read the second time. Motion was made by Council Member
S \-•a ck.
o
r
A
that the rules again be suspended and the
ordinance be placed on third and final reading. This motion was seconded by Council
and adopted by the following roll call vote:
61 () Ai 1L
Member (
r a
Ayes - Council Members
SV
Noes -
k
C41 ,
Et N cc e
on4 Absent - Council
ti
Svil-Q +
ro n rcck4-,
n)
sc
4 ,11, 1/ 1-111 i0
total
aivk_
Members
bro ma
- 1
1-1 0110. w
7
R
total
1
The ordinance was then read the third and last time, and the Aye and No vote taken upon
question, Shall the Ordinance Pass, the result being as follows:
pk
I
Ayes-CouncilMembers
c71 C
\ )k-'
1 oy S
t
/ 61
- CC0.rrnON Gr0.Nf SUS
LL tc)y cx
1,
1/ 3 NEON
n.)
1<—
total
Noes non ; Absent - Council Members
L
B Nci
q
w
1401 aci
total
Whereupon, said ordinance as declared passed.
The emergency section, being Section 14 of Ordinance No
Z_1 .'
q?
entitled:
AN ORDINANCE GRANTING TO THE ENTERGY ARKANSAS, INC.,ITS SUCCESSORS
AND ASSIGNS, THE EXCLUSIVE RIGHT, PRIVILEGE AND AUTHORITY, FOR A
PERIOD OF TWO (2)YEARS, TO SELL, FURNISH AND DISTRIBUTE ELECTRIC
POWER AND ENERGY AND ERECT, MAINTAIN EXTEND AND OPERATE A SYSTEM
FOR THE DISTRIBUTION, TRANSMISSION, FURNISHING OR SALE OF ELECTRIC
POWER AND ENERGY TO THE CITY OF HIGHLAND, ARKANSAS, AND THE
INHABITANTS AND ALL OTHER CONSUMERS THEREOF, AND TO USE THE
STREETS, ALLEYS, BRIDGES AND OTHER PUBLIC GROUNDS OF THE CITY IN
CONNECTION THEREWITH; FIXING THE TERMS THEREOF, AND FOR OTHER
PURPOSES "; was
read, and was adopted by the following roll call vote:
Ayes - Council Members
U
NA
coy
,
Gra ILA ) S U.1 Ie i-+
o
I
Nson)
k rc
)
5\
acVe
r\
total
Noes -
e Absent - Council Members
n
ro..
Nci
I
No l/ a UUa(
total
7
)