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0657 Co ORDINANCE NO. 6 5 7 AN ORDINANCE FIXING AND IMPOSING THE AGGREGATE AMOUNT OF FEES, CHARGES AND SPECIAL TAXES TO BE PAID TfIE 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 referred to as "Power Company") is duly authorized by fran- chise 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 (here- inafter 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 serv ice to the Ci ty and its inhabi tants and occupying the streets, alleys and other public property of the City of Jacksonville, Arkansas, pursuant to said franchise agreement, which provides for cer tain payments in 1 ieu 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 Cbmpany that the obligation for payments under said franchise agreement shall immediately terminate; and WHEREAS, the City requires additional revenues for pay- ment 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 WHEREAS, the Ci ty recogni zes 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 munici- (' palities to avoid discrimination among customers of the util- i ty. NOW, THEREFORE, 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 wi thin the Ci ty is hereby declared to be a special privilege and for such privilege the Power Comapny shall pay to the City a special tax, charge or imposition as follows: "For the year 1982 the Power Company shall pay in equal monthly installment beginning January 1982 the sum of Three Hundred Seventy Thousand Dollars ($370,000)." Section 2. Nothing herein contained shall be construed as altering or amending any of the rights or obligations of ei ther the Ci ty 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 obI igation 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, 567, and 6 2 3 . 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 ordi- nance being necessary for the preservation and advancement of the publ ic peace, heal th and safety, shall be in full force and effect from and after the date of its approval. APPROVED AND ADOPTED THIS 30th DAY OF December 1981. ATTEST:- ML IlA oj If). ~~t1)4. CITY CLERK APPROVED AS TO FORM: '--~JL [3h ~ CITY ATTORNEY .4j~'~ (fltll:l{GENCY CTAUSE ~nop 11~D . ORDINANCE tl1:I'.t.;CTIVE !Mr-/1'1-t:1 )IA:ll.t.L Y) ~