Franchise Fees (Begin With February Billings)

Date Posted: 03/02/2020

Franchise Fee Ordinances 2019-06, 2019-07, 2019-08,
2019-09, 2019-10, and 2019-11 were adopted by the
Gassville City Council in December of 2019. Beginning
with the February billing cycle the following fees
will be included to City of Gassville residents who
are customers of the following utility or Telecommunication/Internet providers.

BlackHills Energy (Natural Gas) Fee: %4.25

Entergy (Electric) Fee: %4.25

Yelcot (Telecommunication/Internet) Fee: %5.00

Suddenlink Fee: %5.00
(Telecommunication/Internet)

Ritter Communication Fee: %5.00
(Telecommunication/Internet)

Questions regarding the Franchise Fee ordinances
contact City Hall at (870) 435-6439.

ORDINANCE 2019-09

AN ORDINANCE SETTING THE FRANCHISE FEE TO
BE PAID BY CEBRIDGE ACQUISITION, L.P., d/b/a/
SUDDENLINK COMMUNICATIONS PROVIDING
CABLE, VIDEO AND TELECOMMUNICATION SERVICE
WITHIN THE CORPORATE LIMITS OF THE CITY OF
GASSVILLE, ARKANSAS UNDER A STATE - GRANTED
FRANCHISE AUTHORITY AND FOR OTHER PURPOSES.

WHEREAS, pursuant to the provisions of the Arkansas
Video Service Act of 2013, codified at
AC.A. § 23-19-201,et seq, any person or entity desiring
to provide cable, video or telecommunication services
within the City of Gassville may do so by obtaining a
state-issued certificate of franchise authority;

WHEREAS, pursuant to the provisions of
A.C.A. § 23-19-206, the holder of a state issued
certificate of franchise authority for cable, video or
telecommunication service is required to pay a franchise
fee to a municipality in which it operates upon the
passage of an ordinance by municipality setting such
a fee; and

WHEREAS, Cebridge Acquisition, L.P., d/b/a Suddenlink
operates cable, video and telecommunication services
within the City of Gassville corporate limits.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF GASSVILLE, ARKANSAS:
SECTION 1. That all persons or entities providing cable
or video services to the citizens of the City of Gassville
pursuant to a state-issued certificate of franchise
authority as provided in AC.A. § 23-19-201et seq. shall,
pursuant to the provisions of AC.A. § 23-19-206, pay
the City of Gassville a franchise fee equal to (five) 2_%
of the cable , video and telecommunication service
provider's gross revenues, as that term is defined by
A.C.A. § 23-19-206, derived from operations within the
City of Gassville corporate limits.

BE IT FURTHER RESOLVED, that all ordinances and
resolutions in conflict herewith are hereby repealed,
except those approving any cable, video or
telecommunication franchise agreement in force and
effect between the City of Gassville and any cable,
video or telecommunication service provider.

Ordiance adopted this 17th day of December 2019 - signed by Jeff Braim, Mayor and Jeff Lewis, Treasurer

AN ORDINANCE OF THE CITY OF GASSVILLE,
ARKANSAS SETTING THE FRANCHISE FEES TO BE
PAID BY ALL ENTITIES PROVIDING PUBLIC UTILITIES
WITHIN THE CITY OF GASSVILLE, ARKANSAS'S
MUNICIPAL LIMITS UNDER A STATE GRANTED
FRANCHISE AUTHORITY

WHEREAS, the City of Gassville, Arkansas has
previously granted franchises to those utility companies
presently providing electrical, telephonic, cable, internet
and natural gas services to the residents of the City of
Gassville in accordance with state law, and

WHEREAS, pursuant to the provisions of A.C.A. Section
14-200-101, the holders of said franchises can be
required to pay a franchise fee to the municipality in
which it operates upon the passage of an ordinance
by the municipality setting such fee and

WHEREAS, such an ordinance is necessary in order to
authorize the collection of such franchise fees.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL
OF GASSVILLE, ARKANSAS:

SECTION 1: That all of the utility companies presently
providing electrical, telephonic, cable, internet and
natural gas services to the residents of the City of
Gassville pursuant to the franchise authority granted
by state law as provided in A.C.A. Section 14-200-101,
shall pursuant to said provisions pay the City of Gassville
a franchise fee equal to the maximum percent allowed
per Arkansas law of the gross revenues realized from
their respective operations within the city 's municipal
limits.

SECTION 2: that all ordinances and resolution in conflict
herewith are hereby repealed, except those approving any
franchise agreements in force and effect between the
City of Gassville Arkansas and those utility companies
presently providing electrical, telephonic, cable, internet
and natural gas services to the residents of the City of
Gassville in accordance with state law.

Adopted and passed this 17th day of December 2019. Signed by Mayor Jeff Braim and Rec/Treasurer Jeffrey Lewis

AN ORDINANCE OF THE CITY OF GASSVILLE,
ARKANSAS, AMENDING AND RESTATING
ORDINANCE NO. 148, WHICH GRANTED TO
BLACK HILLS ENERGY ARKANSAS, INC. (F/K/A
ARKANSAS WESTERN GAS COMPANY) ITS
SUCCESSORS AND ASSIGNS THE RIGHT AND
PRIVILEGE AND FRANCHISE TO CONSTRUCT,
MAINTAIN AND OPERATE A NATURAL GAS SYSTEM
AND TO LAY MAINS ALONG THE STREETS, AVENUES,
ALLEYS, ROADS AND HIGHWAYS AND OTHER
PUBLIC PLACES, FOR THE PURPOSE OF
DISTRIBUTING AND SELLING NATURAL GAS, IN
ORDER TO REINSTATE THE FRANCHISE TAX TO BE
COLLECTED BY BLACK HILLS ENERGY ARKANSAS,
INC. FROM ITS CUSTOMERS LOCATED WITHIN THE
CORPORATE LIMITS OF THE CITY OF GASSVILLE AND
REMITTED TO THE CITY OF GASSVILLE.

WHEREAS, pursuant to Ordinance No. 148 of 1980,
Black Hills Energy Arkansas, Inc, f/k/a Arkansas Western
Gas Company, ("Grantee") was granted the right,
privilege, and franchise to construct, maintain, and
operate a natural gas system within the corporate limits
of the City of Gassville ("Grantor'') (the "Franchise
Agreement"); and WHEREAS, pursuant to Section 8 of
the Franchise Agreement and the terms of Arkansas
Code Annotated, Section 14-200-103, the duration of
the Franchise Agreement is perpetual; and

WHEREAS, City of Gassvllle Ordinance No. 162 of 1982
amended and restated Section 7 of the Franchise
Agreement and thereby set the franchise tax at 4%; and

WHEREAS, City of Gassville Ordinance No. 90-4 of 1990
subsequently repealed the Section 7 that was restated in
Ordinance No. 162 in its entirety, resulting in the
Franchise Agreement being without a Section 7 and
resulting in no franchise tax being implemented under the
Franchise Agreement from the time of the passage of
Ordinance No. 90-4 onward; and

WHEREAS, Grantor now wishes for Grantee to begin
charging its customers within the corporate limits of the
City of Gassville a franchise tax in the amount of 4.25%;

BE IT THEREFORE ORDAINED by the City Council of
the City of Gassville that:

1. Ordinance No. 148 of 1980 is hereby amended to
Include a new Section 7, which reads as follows:

"Beginning In 2020, Grantee shall, in consideration
of the grant of the exclusive franchise here under,
pay to the City a sum equal to four and one-quarter
percent (4.25%) of its gross revenue during the
preceding calendar year from the sale of natural gas
service to customers located within the corporate limits
of the City. Said sum shall be payable by Grantee on or
before the 31st day of January each year, beginning in
2/2020. Grantee shall, upon reasonable request of the
City, make available to duly authorized representatives
of the City the necessary records to determine the
accuracy of the payments made hereunder.

In the event of a controversy between Grantee and the
City as to the amount of gross revenues received by
Grantee from the sale of natural gas service to
customers located within the corporate limits of the
City, such controversy shall be referred to the
Arkansas Public Service Commission, or any
successor regulatory authority having jurisdiction over
Grantee, for final determination; and the decision of
the Arkansas Public Service Commission or successor
regulatory authority shall be binding upon both
Grantee and the City."

2. All other provisions of the Franchise Agreement
shall remain as originally written.

Adopted and passed this 17th day of December 2020. Signed by Mayor Jeff Braim and Rec/Treasurer Jeffrey Lewis

ORDIANCE NO. 2019-11

AN ORDINANCE AUTHORIZING RITTER
COMMUNICATIONS, IT'S SUCCESSORS AND
ASSIGNS, TO CONSTRUCT, MAINTAIN AND
OPERATE A COMMUNICATIONS NETWORK
WITHIN THE CITY OF GASSVILLE,
ARKANSAS, LEVYING A FRANCHISE TAX,
PROVIDING FOR THE PAYMENT THEREOF
AND DESCRIBING THE METHOD OF
COLLECTION OF SUCH FRANCHISE FEES

WHEREAS, Ritter Communications operates
a communication network within the City of
Gassville, Arkansas; and

WHEREAS, the Gassville City Council desires
to grant Ritter Communications the privilege
of operating and maintaining a communications
network franchise agreement as set forth herein,

NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF GASSVILLE,
ARKANSAS:

SECTION I: That permission be and is hereby
granted to Ritter, or its other business names and
its successors in interests, assigns, and subsidiary
or parent corporations or limited liability companies,
subject to the regulatory authority of the City
Council and the FCC and other regulatory authorities,
to construct, maintain and operate its poles, posts,
cable, wires, and all other necessary overhead
apparatus on, over and along; and its conduits,
ducts, mains, pipes, cables, wires, manholes,
distributing poles and all other necessary
underground appliances on, in, under and through
the streets, alleys and highway, within the limits of
the City of Gassville, Arkansas, and to sell, furnish,
transmit, and distribute communications services
within the corporate limits of the City of Gassville
and to use the property of the other companies and
permit other companies to use its property upon
such arrangements as the two companies may
agree, subject to the following conditions:

SECTION 2: That all poles erected by Ritter shall be
located so they will not interfere with the safety or
convenience of persons traveling on or over the said
street, alleys and highways; and in the work of
installing and maintaining any underground system,
Ritter shall not open or encumber more of any street,
alley or highway then will be necessary to enable it
to perform same with proper economy and efficiency;
nor shall it permit such opening or encumbrance to
remain for a longer period than shall be necessary to
do the work for which said opening shall have
been made.

SECTION 7: If at any point in the future, Ritter beings
providing cable television or video services, Ritter shall
pay to the City a municipal franchise adjustment fee in
an amount equal to (five) 5% of Ritter's annual gross
revenues (before taxes) derived from sales to all
consumers for the basic maintenance and service
charges. Payments shall be made to the City on the
same schedule as the franchise fee payments for
basic local voice communications services set out in
Paragraph 6 above.

SECTION 8: (a) It is expressly agreed and understood by
the City of Gassville and Ritter that the aforesaid
payment shall constitute and be considered as complete
payment and discharge by Ritter, or its other business
names and its successors in interests, assigns, and
subsidiary of parent corporations or limited liability
companies of all licenses, fees, charges, impositions or
taxes of any kind (other than automobile license fees,
special mileage taxes, general ad valorem taxes, curb
cut fees, and other general taxes applicable to all citizens
and taxpayers) which are now or might in the future be
imposed by the City of Gassville under authority conferred
upon the City of Gassville by law. However this does not
relieve Ritter of its obligation to secure necessary permits
from the City in compliance with the City's ordinances.
In the event such other taxes are imposed by the City
of Gassville, the obligation or Ritter to pay the City of
Gassville the franchise tax set out in
Section 6 of this Ordinance shall be immediately
terminated.
(b) Ritter shall at all times maintain and display the
proper warning devices and allow sufficient space along
the public way for the passage of vehicles around areas of construction, and shall as soon as practicable restore the
public ways to as good condition as before the
construction was commenced.
(c) Ritter shall have the authority to divert or detour traffic
from the area of construction on proper notice to the
Police Department and Public Works Department of the
city when diversion or detour is necessary for the
safety and well-being of the inhabitants of the city.
(d) Ritter shall promptly furnish to the Department of
Public Works, or to any other authority, any and all
information which may be requested in regard to any
portion of its system, in any form whatsoever, and any
other information in regard to its occupation of the
public ways.
(e) Ritter shall remove, raise, or lower its wires, cables
or lines temporarily to permit the moving of houses or
other structures provided that a person requesting such
temporary removal, raising or lowering of any portion
of the system shall pay the expense of such temporary
removal, raising or lowering, and provided that Ritter
shall not be required to take action to remove, raise
or lower any portion of its system within less
than 48 hours advance notice.
(f) Permission is hereby granted to Ritter to trim trees
upon and overhanging the public ways of the city so as
to prevent the branches of such trees from coming in
contact with any portion of its system.
(g) Ritter agrees that it shall bear full relocation costs
of any Ritter owned utilities inside City's rights of way.

SECTION 9: The franchise awarded hereunder shall take
effect and be in full force from and after approval by the
Mayor and the City Council of the City of Gassville,
Arkansas from the date signed. Nothing in the preceding
sentence shall be construed as to prohibit any
modification of this agreement. The Mayor shall send a
certified copy of this Ordinance to Ritter once this
Ordinance becomes law to notify Ritter of the Ordinance.

SECTION 10: Severability is intended throughout and
within the provisions of this Ordinance. If any section,
subsection, sentence, clause, phrase, or portion of this
Ordinance is held to be invalid or unconstitutional by a
court of competent jurisdiction, then that decision shall
not affect the validity of the remaining portions of this
Ordinance.

SECTION 11: All ordinances, agreement or parts of
ordinances in conflict with this Ordinance are hereby
repealed.

Approved and passed this 17th day of December 2019. signed by Mayor Jeff Braim and Recorder/Treasure Jeffrey Lewis

ORDINANCE NO. 2019-10

AN ORDINANCE AUTHORIZING YELCOT,
IT'S SUCCESSORS AND ASSIGNS, TO CONSTRUCT,
MAINTAIN AND OPERATE A COMMUNICATIONS
NETWORK WITHIN THE CITY OF GASSVILLE,
ARKANSAS, LEVYING A FRANCHISE TAX,
PROVIDING FOR THE PAYMENT THEREOF AND
DESCRIBING THE METHOD OF COLLECTION OF
SUCH FRANCHISE FEES

WHEREAS, Yelcot operates a communications
network within the City of Gassville, Arkansas;
and

WHEREAS, the Gassville City Council desires to
grant Yelcot the privilege of operating and
maintaining a communications network franchise
agreement as set forth herein,

NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF GASSVILLE, ARKANSAS:

SECTION I: That permission be and is hereby
granted to Yelcot, or its other business names
and its successors in interests, assigns, and
subsidiary or parent corporations or limited liability
companies, subject to the regulatory authority of
the City Council and the FCC and other regulatory
authorities, to construct, maintain and operate its
poles, posts, cable, wires, and all other necessary
overhead apparatus on, over and along; and its
conduits, ducts, mains, pipes, cables, wires,
manholes, distributing poles and all other
necessary underground appliances on, in, under
and through
the streets, alleys and highway, within the limits of
the City of Gassville, Arkansas, and to sell, furnish,
transmit, and distribute communications services
within the corporate limits of the City of Gassville
and to use the property of the other companies
and permit other companies to use its property
upon such arrangements as the two companies
may agree, subject to the following conditions:

SECTION 2: That all poles erected by Yelcot shall
be located so they will not interfere with the safety
or convenience of persons traveling on or over the
said street, alleys and highways; and in the work
of installing and maintaining any underground
system, Yelcot shall not open or encumber more
of any street, alley or highway then will be
necessary to enable it to perform same with proper
economy and efficiency; nor shall it permit such
opening or encumbrance to remain for a longer
period than shall be riecessary to do the work for
which said opening shall have been made.

SECTION 3: That all work done under the provisions
of this Ordinance in said City, shall be subject to the
supervision of the City Engineer or some other
representative appointed by said Council and Yelcot
shall replace and properly repair or replace the
sidewalk or street pavement which may have been
displaced or damaged by it in the construction and
maintenance of its system in said City.

SECTION 4: That Yelcot shall maintain all poles,
cables, and wires, conduits, ducts, mains, pipes,
manholes, distributing poles and all other apparatus
erected or constructed under the provisions of this
Ordinance, in good and safe order and condition;
and shall at all times fully indemnify, protect, and
save harmless the said City from and against all
lost and necessary expenditures arising from the
erection, construction and maintenance of its
networks in said City, or from its neglect or failure
to maintain the said apparatus in good and safe
order and condition.

SECTION 5: That nothing in the Ordinance shall be
construed to grant unto the said, Yelcot any exclusive
right, or to prevent a grant of similar privileges to
other companies.

SECTION 6: So long as Yelcot, or its other business
names and its successors in interests, assigns, and
subsidiary or patent corporations or limited liability
companies, shall operate a communications network
within the City, it shall pay to the City a franchise tax
in the amount equal (five) 5% of basic local voice
service excluding extensions, terminal equipment,
toll, yellow pages and other miscellaneous equipment
revenues within the corporate boundaries of the City.
This amount will be paid to the City of Gassville each
quarter, and shall be made during the first (ten) 10
days of each month following the end of the quarter;
provided, the amount of the tax levied herein by the
City may be collected by Yelcot from those of
Yelcot's customers receiving local exchange telephone
service within the corporate boundaries of the City
of Gassville, in accordance with the tariffs of Yelcot
and the rules, regulations and orders of the Arkansas
Public Service Commission. This Ordinance does not
restrict the City from the right to alter the tax upon
proper notification in-advance to Yelcot.

SECTION 7: !f at any point in the future, Yelcot
begins providing cable television or video services,
Yelcot shall pay to the City a municipal franchise
adjustment fee in an amount equal to (five) 5% of
Yelcot's annual gross revenues (before taxes)
derived from sales to all consumers for the basic
maintenance and service charges. Payments shall
be made to the City on the same schedule as the
franchise fee payments for basic local voice
communications services set out in Paragraph 6 above.

SECTION 8: (a) It is expressly agreed and understood
by the City of Gassville and Yelcot that the aforesaid
payment shall constitute and be considered as complete
payment and discharge by Yelcot, or its other business
names and its successors in interests, assigns, and
subsidiary of parent corporations or limited liability
companies of all licenses, fees, charges, impositions
or taxes of any kind ( other than automobile license
fees, special mileage taxes, general ad valorem taxes,
curb cut fees, and other general taxes applicable
to all citizens and taxpayers) which are now or
might in the future be imposed by the City of Gassville
under authority conferred upon the City of Gassville
by law. However this does not relieve Yelcot of its
obligation to secure necessary permits from the City
in compliance with the City's ordinances. In the event
such other taxes are imposed by the City of Gassville,
the obligation or Yelcot to pay the City of Gassville
the franchise tax set out in Section 6 of this Ordinance
shall be immediately terminated.

(b) Yelcot shall at all times maintain and display
the proper warning devices and allow sufficient space
along the public way for the passage of vehicles around
areas of construction, and shall as soon as practicable
restore the public ways to as good condition as before
the construction was commenced.

(c) Yelcot shall have the authority to divert or detour
traffic from the area of construction on proper notice
to the Police Department and Public Works Department
of the city when diversion or detour is necessary for
the safety and well-being of the inhabitants of the city.

(d) Yelcot shall promptly furnish to the Department of
Public Works, or to any other authority, any and all
information which may be requested in regard to any
portion of its system, in any form whatsoever, and
any other information in regard to its occupation of the
public ways.

(e) Yelcot shall remove, raise, or lower its wires,
cables or lines temporarily to permit the moving of
houses or other structures provided that a person
requesting such temporary removal, raising or lowering
of any portion of the system shall pay the expense of
such temporary removal, raising or lowering, and provided
that Yelcot shall not be required to take action to remove,
raise or lower any portion of its system within less than
48 hours advance notice.

(f) Permission is hereby granted to Yelcot to trim trees
upon and overhanging the public ways of the city so
as to prevent the branches of such trees from coming
in contact with any portion of its system.

(g) Yelcot agrees that it shall bear full relocation costs
of any Yelcot owned utilities inside City's rights of way.

SECTION 9: The franchise awarded hereunder shall
take effect and be in full force from and after
approval by the Mayor and the City Council of the
City of Gassville, Arkansas from the date signed.
Nothing in the preceding sentence shall be construed
as to prohibit any modification of this agreement. The
Mayor shall send a certified copy of this Ordinance to
Ritter once this Ordinance becomes law to notify
Yelcot of the Ordinance.

SECTION 10: Severability is intended throughout and
within the provisions of this Ordinance. If any section,
subsection, sentence, clause, phrase, or portion of this
Ordinance is held to be invalid or unconstitutional by
a court of competent jurisdiction, then that decision
shall not affect the validity of the remaining portions
of this Ordinance.

SECTION 11: All ordinances, agreement or parts of
ordinances in conflict with this Ordinance are hereby
repealed.

Approved and passed this 17th day of December 2019. Signed by Mayor Jeff Braim and Recorder/Treasurer Jeffrey Lewis

AN ORDINANCE GRANTING TO ENTERGY
ARKANSAS, INC., ITS SUCCESSORS AND ASSIGNS,
THE EXCLUSIVE RIGHT, PRIVILEGE AND
AUTHORITY 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 GASSVILLE, 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
CITY 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 the
utility's allocated service territory;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF GASSVILLE,
ARKANSAS, THAT:

SECTION 1. The City of Gassville, Arkansas
(hereinafter called City or Grantor) hereby grants
to Entergy Arkansas, Inc., its successors and assigns
(hereinafter called Entergy or Grantee), the exclusive
right, privilege and authority within the present and all
future expansion of the corporate limits of the City of
Gassville, Arkansas, within the 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 Grantor agrees to protect by ordinance, regulation
and otherwise, to the fullest extent permitted by law,
and except as otherwise limited herein, the grants of
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 caused or done
by it to public streets, ways, places and public property
in the construction, operation and maintenance of its
facilities.

SECTION 4. The Grantee, its successors and assigns,
is hereby given the right 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. The rights, privileges and authority
hereby granted 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.

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, loss
or expense caused by the negligence of the Grantee,
or its agents, servants or employees, in constructing,
operating and maintaining said facilities or in re-paving
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 state 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 of February ,2020,
Entergy will quarterly determine 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 in
February 2020. Residential and commercial electric
revenues are those revenues so classified pursuant
to Grantee's uniform classification standards. Granter
shall have the right to examine and 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 Granter and Grantee as to the amount
of gross revenues received by Grantee in the City of
Gassville 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 Granter 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 Granter under authority conferred
upon the Grantor by law. In the event such other tax
or taxes are imposed by Granter, the obligation of the
Grantee set forth herein, to pay the City the sum of
four and one- quarter percent (4.25%) quarterly of
the gross residential and commercial electric revenues
shall immediately terminate.

SECTION 10. Electric service furnished the Grantor for
street lighting and other purposes shall be paid for by
the granter 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 Granter.

SECTION 11. Upon written acceptance by Grantee, this
Ordinance shall constitute a contract between Granter
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. Passed this 17th day of December 2019. Approved signed by Mayor Jeff Braim and Recorder/treasurer Jeffrey Lewis

Entergy Arkansas, Inc a corporation, hereby accepts
the above franchise subject to the terms and
conditions therein this ______ day of 2020.

Entergy Arkansas, LLC

By:

Vice President

State of Arkansas, County of Baxter, City of Gassville I Jeffrey W. Lewis City Recorder (clerk) within and for the city aforesaid, do hereby certify that the foregoing is a true and correct copy of Ordinance No 2019-08 of the ordinances of the City of Gassville Arkansas Entitled

"AN ORDINANCE GRANTING TO ENTERGY
ARKANSAS, INC., ITS SUCCESSORS AND
ASSIGNS, THE EXCLUSIVE RIGHT, PRIVILEGE
AND AUTHORITY 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 GASSVILLE, 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 of December 17, 2019 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 where of, I have hereunto set my hand and seal of office on this 17th day of December 2019. Signed Jeffrey Lewis City Recorder City of Gassville, Arkansas