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.
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ATTEST:
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<C{~LERK
A, PP~VA A, S TO Fr:
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CI7J ATTORNEY 2)' ~