0370 ■
ORDINANCE NO,
1v
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 & LIGHT 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 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, Arkansas, 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 pay-
ments under said franchise agreement shall immediately terminate; and
WHEREAS, the City requires additional revenues for payment of in-
creased 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 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 amount 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 JACKSONVILLE, ARKANSAS, That:
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Page Two •
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: for the year 1976 the Company shall pay the sum of $163, 147.86,
in approximately equal installments beginning in January, payable PP Y Q 9 9 rY, 1976.
Said payments shall be in lieu of the payments otherwise called for in 1976
and thereafter in Section 9 of the Power Company's franchise agreement.
Said Company shall continue to pay said tax in succeeding years unless sooner
modified.
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 No.
305 and Ordinance No. 367.
Section 4. It is hereby found by the City Council that there is an ur-
gent 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 .� day of February, 1976.
;
ATTEST: z
' VOR
V ✓C2t L Lr- n .APPROVED AS TO FORM; City erk
Ben E. Rice, City Attorney