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0729 PAGE g ORDINANCE NO. 729 AN ORDINANCE FIXING AND IMPOSING THE AGGREGATE AMOUNT OF FEES, CHARGES AND SPECIAL TAXES TO BE PAID THE CITY OF JACKSONVILLE, ARKANSAS, BY ARKANSAS POWER AND LIGHT COMPANY AND THE METHOD OF PAYMENT THEREOF; AND FOR OTHER PURPOSES WHEREAS, Arkansas Power and Light Company (hereinafter referred to as "Power Company") is duly authorized by franchise agreement, heretofore authorized and entered into by the City to construct, operate, maintain and extend an electric system and to sell, furnish, transmit and distribute electric power and energy in the City of Jacksonville, Arkansas, (hereinafter referred to as "City"), to the City of Jacksonvil1e, Arkansas, and to the citizens residing therein; and WHEREAS, the Power Company is now providing electric ser- vice to the City and its inhabitants and occupying the streets, alleys and other public property of the City of Jacksonville, Arkansas, pursuant to said franchise agreement, which provides for certain payment in lieu of all other taxes, fees, charges, impositions and licenses, except general taxes and further pro- vides that if any special taxes, fees, charges or licenses are assessed or imposed upon or against the Power Company that the obligation for payments under said franchise agreement shall immediately terminate; and WHEREAS, the City requires additional revenues for payment of increased salary requirements for City employees and other municipal functions and services and desires to increase the pay- ments of special taxes and charges paid by the Power Company; and WHEREAS, the City recognizes and accepts the purposes and results of decisions of the Arkansas Public Service Commission and the Arkansas Supreme Court requiring that the charges for service by a utility to customers in the City be adjusted to adequately reflect any additional amounts of taxes imposed by the City in excess of a standard level paid in other munici- palities to avoid discrimination among customers of the utility. PAGE 9 PAGE TWO ORDINANCE NO. 729 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT: SECTION 1. The manufacture, sale, furnishing, transmission and distribution of electric power and energy by the Power Company within the City is hereby declared to be a special privilege and for such privilege the Power Company shal1 pay to the City a special tax, charge or imposition as follows: "For the year 1984 the Power Company shall pay in monthly instal1ments beginning January 1984, the sum of Two Hun- dred Thousand Dollars ($200,000.00)." SECTION 2. Nothing herein contained sh~11 be construed as altering or amending any of the rights or obligations of either the City or the Power Company as provided in the existing franchise agreement between the City and the Power Company, except insofar as the effect hereof wil1 relieve the Power Company from the obligation of the payments provided for in Section 9 of said franchise agreement, so long as the provisions of this ordinance are in effect. SECTION 3. All ordinances and parts of ordinaces in con- flict with the provisions of this ordinance are hereby repealed, including Ordinance Numbers 305, 367, 478, 528, 567, 623, 657, 667, and 692. SECTION 4. It is hereby found by the Jacksonville City Council that there is an urgent need for additional revenues for the City. 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 be in full force and effect from and after its passage. APPROVED THIS 75th DAY OF DECEMBER 1983. EFFECTIVE DATE: JANUARY 15, 7984. /4: p~ ATTEST: . ~~~ <C{~LERK A, PP~VA A, S TO Fr: r 7\~ I~rk~ ~ CI7J ATTORNEY 2)' ~