0857
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ORDINANCE NO.
8 5 7 (#9 - 8 7 )
AN ORDINANCE AMENDING ORDINANCE NO. 523; DESIGNATION OF THE TAX
ON COMMERCIAL HAULERS OF GARBAGE AND REFUSE AS A FRANCHISE TAXi
DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES.
WHEREAS, prior to 1978, the City of Jacksonville Sanitation
Department had exclusive rights to the collection, removal and
hauling of trash, garbage and refuse within the city limits of the
City of Jacksonville; and,
WHEREAS, companies interested in the trash, garbage and
refuse business within the City of Jacksonville agreed that, in
order to be granted the privilege of operating a commercial
hauling franchise within the city limits of the City of
Jacksonville, they would pay ten percent (10%) of their gross
income per year from said business for services rendered within
the city limits; and,
WHEREAS, the Ordinance enacting said franchise tax upon the
commercial haulers of garbage and refuse incorrectly stated that
this was a privilege tax, when in essence it was and has always
been a franchise tax for the operation of commercial haulers of
garbage and refuse upon the city streets and right-of-ways of the
City of Jacksonville; and,
WHEREAS, it is the intent of the City of Jacksonville to
protect its citizens by maintaining proper and adequate trash and
garbage collection in order to provide for the health and welfare
of the citizens of Jacksonville;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF JACKSONVILLE, ARKANSAS, THAT:
Section 1: Ordinance No. 523, which has been codified as
Section 5.04.155 of the Jacksonville Municipal Code, should be and
hereby is amended to 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 refuse who operates and provides such
services within the city limits of the City of Jacksonville shall
be assessed a f ranch ise tax equal to TEN PERCENT (10%)
of their gross receipts per month for services renderedwithln the
city limits of the City of Jacksonville. The tax shall be paid to
the City Finance Department on or before the fifteenth (15th) day
of each month for the previous month's receipts, and each person,
association or corporation operating such a business shall make
available their accounting records for review by the City for the
purpose of substantiating the amount of tax paid.
Section 2: 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 3: The protection of the public, health and safety
is directly affected by the regulation of garbage and refuse
haulers; therefore, it is hereby declared that an emergency
exist and this Ordinance, being necessary for the health and
welfare of the citizens of Jacksonville, shall be in effect from
and after its date of passage.
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PAGE TWO O~dinanQe 8 5 7
Section 4: All Ordinances or parts of Ordinances in
conflict herewith are hereby repealed to the extent of such
conflict.
APPROVED AND ADOPTED THIS 3xd
VECEMBER , 1987.
DAY OF
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MAYOR' TOM~ SWAIM --'
ATTEST:
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~~M .~~bJ~t~itLERK
~~~- -
KEI~<< VAUGHA~:~A~TORNEY
(OQtob~ 19, 1987 Agenda Item)
OJtd.{nanc.e 8 5 7 (#9-87) PASSEV on FIRST READING. FAILEV .{n ,6u.6peJUion O'{j-ILilLtU. fiotL
SECONV READING - - Novemb~ 5, 1987 Agenda Item
(Lack On a quoJtum on Novemb~ 5, 1987 - No CounQ~ Meeting) (Nov. 19, 7987 Agenda Item)
OfLdinanc.e 8 5 7 (#9-87) PASSEV ON SECONV REAVING. FAILEV.{n ~~pen6ion on ILul~ nOIL
THIRV ANV FINAL REAVING. Vecemb~ 3, 1987 Agenda Item
(ITEM FIRST PRESENTED ON MAY 7, 1987 - ORVINANCE REAV AND APPROVEV
ON FIRST REAPING ON SAID DATE.' SENT TO THE MUNICIPAL LEAGUE FOR REVIEW
BY LEGAL COU'NCI L. )
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