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0930 /Z1r' ORDINANCE NO. 9 3 0 CII10-90) AN ORDINANCE REVOKING ORDINANCE NO. 857, SETTING FORTH NEW PRIVILEGE LICENSE PROCEDURES FOR COMMERCIAL HAULERS OF GARBAGE AND REFUSE, DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES. WHEREAS, the Arkansas Supreme Court has ruled the current method of charging ten percent (10%) of gross receipts of commer- cial trash haulers within the City illegal, and WHEREAS, after public hearing and meetings with commercial trash haulers and city officials, it has been determined that a fair way to assess commercial trash haulers is per dumpster. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT: SECTION ONE: Ordinance No. 857 is hereby revoked in its entirety. SECTION TWO: Jacksonville Municipal Code 5.04.155 shall read as follows: "5.04.155 Commercial Haulers of Garbage and Refuse: Any person, association or corporation organized as a commercial hauler of trash, garbage and/or refuse, who operates and provides such services within the city limits of the City of Jacksonville shall be assessed a privilege tax of Seven Dollars ($7.00) per dumpster located within the city per month. These rates may be adjusted annually by the City to be effective on the 1st day of January each year. The rate shall remain the same until changed by the City Countil. The tax shall be paid to the City Finance Department on or before the 15th day of each month for the number of dumpsters located in the City as of the 1st day of each month. If payment is not received along with proper reporting forms shOwing the number of dumpsters, by the 15th, then a penalty of ten percent (10%) shall be assessed against that operator. Each person, association or corporation operating such a business shall make available their accounting and business records for review by the City for the purpose of substantiating the amount of tax owing to the City. Any person, association or corporation operating such a business which fails to comply with the terms of this ordinance shall be subject to the penalties and provisions of Section 5.04.080 of the Jacksonville Municipal Code." SECTION THREE: It being necessary to protect the public health, safety, and welfare, it is hereby declared that an emergency exists and this Ordinance shall be in force and take effect immediately upon its passage. SECTION FOUR: That all Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of any such conflict. PAGE TWO ORDINANCE 9 3 0 l '''1 , .J APPROVED AND ADOPTED THIS 21st DAY OF JUNE, 1990. ATTEST: L).~, > \) .I -,- . " <-.----.../ ' j C ,v-L.cf"\j/ ;;;:#-f'~ -l__/ 1.. Ut,~~/LEdN-ARD')-C I TY CLERK APPROVED AS TO FORM: l' 4/ , - K E I ~~/~ AUG HA~J2~#uAA-;;;ORNEY ,;) {","^ CITY OF JACKSONVILLE, ARKANSAS ~ L '", (l)~, ~ TOMMY SWAIM,jMKYOR -2-