0572
qt.
572
ORDINANCE NO.
AN ORDINANCE FIXING M\lD IMPOSING THE AGGREGA'l'~ AMOUNT OF l:'.t;ES, CHARGES AND
SPECIAL TAXES TO BE PAID THE CITY OF JACKSONVILLE, ARKANSAS, BY ARKANSAS
POVv't;!{ & LIGHT CC1v1PANY M\lD THE METHOD OF PAYrvlliNI' THEREOF, AND FOR OTHER
PURPOSES
WHEREAS, Arkansas Power & Light CULLpany (hereinafter referred to as
"Power Company") is duly authorized by franchise agretluent, hpretofore
authorized and entered into by the City to construct, operate, maintain and
extend an electric SYStbLL and to sell, furnish, tran::iLuit and distri'hute
electric power and energy in the Ci ty of Jacksonville, Arkansas (hereinaftpr
referred to as "City"), to the City of Jacksonville, Arkansas, and to the
citizens residing thpreini am
WHEREAS, the Power CuutE-ny is now providing electric service to the
Ci ty and its inhabitants and occupying the streets, alleys am other public
property of the City of Jacksonville, Arkansas, pursuant to said franchise
agret::l.LLent, which provides for certain pa:yments in lieu of all other taxes,
fees, charges, imI?Osi tions and licenses, except general taxes and fuy'ther
provides that if any special taxes, fees, charges or licenses Flre assessed
or imposed upon or against the Power Company that the obligation for pa:yments
under said franchise agreEment shall iLLILLlediately tffi1Ltlnatei am
WHEREAS, the City requires additional revenues for pa:yment of increased
salary requirements for City eLL~loyees and other municipal functions and
service and desires to increase the pa:yments of special taxes and charges paid
by the Power Cuupany; and
Wf:U:iliEAS, the City recOC]nizes and accepts the purI?Oses and resul ts of de-
cisions of the Arkansas Public Service CUllLLtlssion and the Arkansas SuprdLLe
Court requiring that the charges for service by a utility to custaners in the
City be adjuste:l to adequately reflect any additional amoLU1ts of taxes lm-
posed by the City in excess of a standard level paid in other municipalities
to avoid discrimination among custanprs of the ut;ility.
NCW, ~'ORE, BE IT ORDAINW BY THE CITY COUNCIL OF THE CITY OF JACKSON-
VILLE, ARKANSAS, THAT:
Section 1. The manufacture, sale, furnishing, transmission and distrib-
ution of electric I?Ower and energy by the Power Company within the City is
hereby declared to be a special privilege and for such privilege the Power
CUILLpany shall pay to the City a special tax, charge or imI?Osition as follCMs:
For the year 1980 the Power Company shall pay the sum of 192,642.24
said sum representing the stanOrird 4~% franchise tax on 1979 resident~al and
cUlLlLuercial revenues plus the sum of $95,000.00 representing a special privilege
tax, for a total payment of $ 287,642.24 payable in approximately equal
installments beginning January 1980. Sa~d payments shall be in lieu of the pay-
ments otherwise called for in 1980, and thereaftpr in Section 9 of the Power
Cuupany's franchise agret:LUent. Said POW'er Cuupany shall continue to pay said
tax in succee:ling years unless sooner modified.
Section 2" Nothing herein contain,ed shall be construe:1 as a;lter~;ng or
amending any of the rights or obligations of either the City or the Power CUHL1..any
as providEd. in the existing franchise agretlUent between the City and the Power
CUL~any, except insofar as the effect hereof will relieve the Power CU1t~any fruLL
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PAGE 'IWO
ORDINANCE NO. 572
the obligation of the payments provided for in Section 9 of said franchise
agreC1uent, so long as the provisions of this ordinance ;:lre in effect.
Section 3. All ordinances and parts of ordinances in conflict with the
provisions of this ordinance are hpreby 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 nero for additional revenues for the City. Therefore, an t:::LUergency
is declared to exist, and this ordinance being necess;:lry for the preservation
and advanct:1LLent of the public :peace, heal th and safety, shall be in full force
and effect frUILL and aftpr the date of its approval_\\.
APPROVED AND ADOPl'W THIS 17 DAY OF;~/)/y~ ' 1980.
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APPROVJ:V AS 'TO FORM:
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EMERGENCY CLAUSE ADOPTED, ORDINANCE EFFECTIVE 17TH DAY OF JANUARY, 1980.
CITY CLERK GERREN
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