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0424 • ORDINANCE NO. �� 7 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 (hereinafter 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 elec- tric 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 agree- ment, 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 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; PAGE TWO NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT: Section 1. The manufacture, sale, furnishing, transmission and dis- tribution 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 1977 the Power Company shall pay the sum of $142,761.89, said sum representing the standard 4 1/4% franchise tax on 1976 residential and commercial revenues plus the sum of $40,000.00 representing a special privilege tax, for a total payment of $182,761.89, payable in approximately equal installments beginning in January, 1977. Said payments shall be in lieu of the payments otherwise called for in 1977, and thereafter in Section 9 of the Power Company's franchise agreement. Said Power 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 of 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 hte 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 urgent need for additional revenues for the City. Therefore, an emergency PAGE THREE 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 40 day of January, 1977. AYOR ATTEST: City Cle APPROVED AS TO FORM: 'onald C. Mill Storney