0692
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ORDINANCE NO. 692
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 (hereafter
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 City and its inhabitants and occupying the streets,
alleys and other public property of the City of Jacksonville, Ar-
kansas, pursuant to said franchise agreement, which provides for
certain payment in lieu of all other taxes, fees, charges, impo-
sitions and licenses, except general taxes and further provides that
if any special taxes, fees, charges or licenses are assessed or im-
posed 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 muni-
cipal functions and services 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
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 re-
flect any additional amounts of taxes imposed by the City in excess
of a standard level paid in other municipalities to avoid discrimina-
tion among customers of the utility.
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PAGE T~~O
ORDINANCE NO. 6 9 2
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 shall pay to the City a special tax, charge
or imposition as follows:
IIFor the year 1983 the Power Company shall pay in monthly
installments beginning January 1983, the sum of One Hundred
Eighty One Thousand, One Hundred Fifty Dollars ($181,150.00).11
SECTION 2. Nothing herein contained shall 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 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 conflict with
the provisions of this ordinance are hereby repealed, including Ordinance
Numbers 305, 367, 478, 528, 567, 623, 657 and 667.
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
6ttJ
day of Ja nua ry
, 1 983 .
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ATTEST:
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C~TY CLERK
APPROVED AS TO FORM:
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