0667
3~
ORDINANCE NO.
h n 7
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 & 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 Jacksonville, Arkansas,
and to the citizens residing therein; and
WHEREAS, the Power Company is now providing electric
service to the Ci ty and its inhabi tants and occupying the
streets, alleys and other publ ic proper ty of the Ci ty 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 provides 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 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 City recognizes and accepts the purposes and
resul ts 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-
ity.
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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 Company shall pay to
the City a special tax, charge or imposition as follows:
"For the year 1982 the Power Company shall pay in monthly
installments beginning January 1982 the sum of One Hundred
Seventy Thousand Dollars ($170,000)."
Section 2. Nothing herein contained shall be construed as
altering or amending any of the rights or obligations of either
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 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 ordinances in
confl ict wi th the provisions of this ordinance are hereby
repealed, including Ordinances No. 305, 367, 478, 528, 567,
623, and 657.
Section 4. It is hereby declared that this Ordinance shall
take effect on April 1, 1982.
APPROVED AND ADOPTED THIS 18th DAY OF February
, 1982.
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ATTEST:
~_ d)YI-~
CITY CLERK
(EMERGENCY CLAUSE NOT ADOPTED. ORDINANCE
-EFFECTIVE APRI L 1, 1982)
APPROVED AS TO FORM:
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CITY ATTORNEY