0657
Co
ORDINANCE NO. 6 5 7
AN ORDINANCE FIXING AND IMPOSING THE AGGREGATE AMOUNT OF FEES,
CHARGES AND SPECIAL TAXES TO BE PAID TfIE CITY OF JACKSONVILLE,
ARKANSAS, BY ARKANSAS POWER AND LIGHT COMPANY AND THE METHOD
OF PAYMENT THEREOF, AND FOR OTHER PURPOSES
WHEREAS, Arkansas Power & Light Company (hereinafter
referred to as "Power Company") is duly authorized by fran-
chise 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 (here-
inafter referred to as "City"), to the City of Jacksonville,
Arkansas, and to the citizens residing therein; and
WHEREAS, the Power Company is now providing electric
serv ice to the Ci ty and its inhabi tants and occupying the
streets, alleys and other public property of the City of
Jacksonville, Arkansas, pursuant to said franchise agreement,
which provides for cer tain payments in 1 ieu of all other taxes,
fees, charges, impositions and licenses, except general taxes
and further provides that if any special taxes, fees, charges
or licenses are assessed or imposed upon or against the Power
Cbmpany that the obligation for payments under said franchise
agreement shall immediately terminate; and
WHEREAS, the City requires additional revenues for pay-
ment of increased salary requirements for City employees and
other municipal functions and service and desires to increase
the payments of special taxes and charges paid by the Power
Company; and
WHEREAS, the Ci ty recogni zes 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 util-
i ty.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF JACKSONVILLE, ARKANSAS, THAT:
Section 1.
The manufacture, sale, furnishing, trans-
mission and distribution of electric power and energy by the
Power Company wi thin the Ci ty is hereby declared to be a
special privilege and for such privilege the Power Comapny
shall pay to the City a special tax, charge or imposition as
follows:
"For the year 1982 the Power Company shall pay in equal
monthly installment beginning January 1982 the sum of
Three Hundred Seventy Thousand Dollars ($370,000)."
Section 2. Nothing herein contained shall be construed
as altering or amending any of the rights or obligations of
ei ther the Ci ty or the Power Company as provided in the
existing franchise agreement between the City and the Power
Company, except insofar as the effect hereof will relieve the
Power Company from the obI igation 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 ordinances in
conflict with the provisions of this ordinance are hereby
repealed, including Ordinances No. 305, 367, 478, 528, 567,
and 6 2 3 .
Section 4. It is hereby found by the City Council that
there is an urgent need for additional revenues for the City.
Therefore, an emergency is declared to exist, and this ordi-
nance being necessary for the preservation and advancement of
the publ ic peace, heal th and safety, shall be in full force and
effect from and after the date of its approval.
APPROVED AND ADOPTED THIS
30th
DAY OF December
1981.
ATTEST:-
ML IlA oj If). ~~t1)4.
CITY CLERK
APPROVED AS TO FORM:
'--~JL [3h ~
CITY ATTORNEY
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(fltll:l{GENCY CTAUSE ~nop 11~D . ORDINANCE
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