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0526 , ORDINANCE NO. 5 2 6 AN ORDINANCE FIXING AND IMPOSING AN ASSESSMENT TO BE PAID THE CITY OF JACKSONVILLE, ARKANSAS, BY GENERAL TELEPHONE COMPANY OF THE SOUTHWEST AND THE METHOD OF PAYMENT THEREOF; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES WHEREAS, General Telephone Company of the Southwest (hereafter referred to as "General ") is duly authorized to construct, operate, maintain and extend a telephone system and to sell, furnish, transmit and distribut telephone service in the City of Jacksonville, Arkansas P y (hereafter referred to as "City "), to the City of Jacksonville, Arkansas, and to the citizens residing therein; WHEREAS, General is now providing telephone service to the City and its inhabitants and is occupying the streets, alleys, and other public property of the City of Jacksonville, Arkansas, pursuant to said authority; 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 payment of special taxes, charges and assessments paid by General, pursuant to the right of the City to levy such additional assessments; 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 assessments by the City in excess of a standard level paid in other municipalities to avoid discrimination among customers of the utility; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, That: Section 1. The sale, furnishing, transmission and distribution of telephone service by General within the City is hereby declared to be a special privilege and for such privilege General shall pay to the City an assessment amounting to 8% of gross revenues, payable in Page Two approximately equal quarterly installments beginning January 1, 1979. The payments shall continue in succeeding years unless sooner modified. Section 2. All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed, including Ordinance No. 304, and Ordinances No. 343, No. 422, and No. 468. Section 3. 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 necessary for the preservation and advancement of the public peace, health, safety and welfare, shall be in full force and effect from and after the date of its approval. APPROVED this 14th day of December , 1978. * YOR ATTEST: ´┐ŻVCLERK APPROVED AS TO FORM: RON MILLS, CITY ATTORNEY