0305 ORDINANCE NO. .9D
AN ORDINANCE FIXING AND IMPOSING THE AGGREGATE
AMOUNT OF FEES, CHARGES AND SPECIAL TAXES TO BE
PAID THE CITY OFpu. �., , ARKANSAS BY
ARKANSAS POWER & LHT COMPANY AND THE METHOD OF
PAYMENT THEREOF, AND FOR OTHER PURPOSES
WHEREAS, Arkansas Power & Light Company (hereafter
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 ��c ), , Arkansas (here-
after referred to as "City"), to the City of uei.to.,.. -Q
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
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�C,eU1al_ pursuant to said franchise agreement, which
provides for certain payments 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 obligations 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
payments of special taxes and charges paid by the Power Company;
and
PAGE
ORD. BOOK a / o
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 reflect any additional amounts of
taxes imposed by the City in excess of a standard level paid
in other municipalities to avoid discrimination among customers
of the utility;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF wa..E61.4ci,, 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
w. e v r w r ��.•. .,r r . , ,
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11� P � �.'. t 'ti.gY.^ —�a t, •'' �� ( 4 ' ',iv, ..-
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for the year 1974, the Company shall pay the sum of One Hundred Fourteen
Thousand Six Hundred Fifty One and 28/100 Dollars ($114,861.28), payable
in approximately equal quarterly Installments beginning in January, 1974.
Said payments shall be in lieu of the payments otherwise called
for in 19 and thereafter in Section 9 of the Company's
franchise agreement.
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 ex-
isting franchise agreement between the City and the Power Company,
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ORD. BOOK #P # 3
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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.
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 necessary 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 this /'7 day of , 19 Jl .
�.. PIWS M. •r, 1
ATTEST:
f f
/
l aity Clerk
AS T° � \
AP PWIED
�3en �, Itice�
City RttA el
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