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0623 ~;l ORDINANCE NO. 623 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 refer- red to as "Power Company") is duly authorized by franchise agree- ment,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 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 payments in lieu of all other taxes, fees, charges, impositions and licences, 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 payment of increased salary requirements for City employees and other municipal functions and service and desires to increase the pay- ments of special taxes and charges paid by the Power Company; and WHEREAS, the City recognizes and accepts tne purposes and resul ts of decisions of the ,Arkansas Public SerViice 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 ~n excess of a standard level paid in other muntcipalities to avoid discrimination among customers of the qtility~ )>3 ORDINANCE NO. 623 PAGE TWO NOW, THERFORE, 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 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: "For the year 1981 the Power Company shall pay in equal monthly installments beginning January 1981, the sum of Three Hundred Forty-One Thousand Dollars ($341,000) ." 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 Ordinances No. 305, 367, 478, 528, and 567. 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 ordinance being neces- sary for the preservation and advancement of the public peace, health and safety, shall be in full force and effect from and after the date of its approval. APPROVED AND ADOPTED THIS 31st DAY OF December , 1980. A~ ATTEST: M~ 11) ~J{l/lAQ1<- CITY CLERK APPROVED AS TO FORM: (EMERGENCY CLAUSE AFFIXED. ORDINANCE EFFECTIVE DEC 31, 1980) PFR nFRORAH n _ lvAI TMnN _ nr:PIITV r TTV rl t='RI( CITY ATTORNEY