0623
~;l
ORDINANCE NO.
623
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 AND LIGHT COMPANY AND THE METHOD
OF PAYMENT THEREOF, AND FOR OTHER PURPOSES
WHEREAS, Arkansas Power & Light Company (hereinafter refer-
red to as "Power Company") is duly authorized by franchise agree-
ment,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 (hereinafter 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 licences, 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 obligation
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 pay-
ments of special taxes and charges paid by the Power Company; and
WHEREAS, the City recognizes and accepts tne purposes and
resul ts of decisions of the ,Arkansas Public SerViice 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 ~n excess of a standard level paid in other muntcipalities
to avoid discrimination among customers of the qtility~
)>3
ORDINANCE NO.
623
PAGE TWO
NOW, THERFORE, 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 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 1981 the Power Company shall pay in
equal monthly installments beginning January 1981,
the sum of Three Hundred Forty-One Thousand Dollars
($341,000) ."
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
Ordinances No. 305, 367, 478, 528, and 567.
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 neces-
sary 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 AND ADOPTED THIS 31st
DAY OF December
, 1980.
A~
ATTEST:
M~ 11) ~J{l/lAQ1<-
CITY CLERK
APPROVED AS TO FORM:
(EMERGENCY CLAUSE AFFIXED. ORDINANCE
EFFECTIVE DEC 31, 1980)
PFR nFRORAH n _ lvAI TMnN _ nr:PIITV r TTV rl t='RI(
CITY ATTORNEY