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HomeMy WebLinkAbout1996-10-02 • - II ORDINANCE NO. 7( ��Q" • AN ORDINANCE PROVIDING FOR THE CONTINUATION, AT AN INCREASED RATE, THE CURRENT FEE IMPOSED UPON ARKANSAS LOUISIANA GAS COMPANY; THAT THE CITY SHALL RECEIVE AN ANNUAL FEE, IN QUARTERLY INSTALLMENTS FOR THE YEAR 1997, AND FUTURE YEARS FROM THE GAS COMPANY; REPEALING ALL ORDINANCES AND AGREEMENTS IN CONFLICT HEREWITH; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES: WHEREAS, the Arkansas Louisiana Gas Company (hereinafter called the "Gas j Company") is duly authorized by franchise ordinance to operate a gas distribution system and to render gas service to the City of Batesville, Arkansas, and to the citizens thereof, and, WHEREAS, said Gas Company is now occupying the streets and alleys of said Municipality for the purpose of supplying gas service to said Municipality and its citizens, and, WHEREAS, the Municipality is entitled to receive such just and reasonable fee from the Gas Company which the Municipality may lawfully impose, and, WHEREAS, it is the intent of the City to standardize the rate paid to the City among major franchised utilities, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF BATESVILLE, ARKANSAS: SECTION I. The Gas Company shall pay to the City an annual sum in the amount of 4.25% of revenues collected from residential, commercial and industrial customers within the corporate limits of Batesville, Arkansas. Said fee shall be paid quarterly, on or before January 15, April 15, July 15, and October 15, and in accordance with the rules and regulations of the Arkansas Public Service Commission. For the purpose of clarification, the first payment under the terms of this Ordinance shall be due and payable on or before April 15, 1997. • SECTION II. Nothing herein shall be construed to alter or change the terms or conditions of the present franchise under which the Gas Company is operating. I SECTION III. All other ordinances, agreements and parts of ordinances and agreements in conflict with the provision of this Ordinance are hereby repealed. SECTION IV. The said Gas Company shall have until December 1, 1996, to file its written acceptance of this Ordinance with the City Clerk, and upon such acceptance being filed, this Ordinance shall be considered as taking effect and being in force January 1, 1997. The Ordinance shall continue in effect and be in force until terminated by the City or the Gas Company as of the end of any year after giving one (1) year's written notice of intention to terminate. EMERGENCY CLAUSE: Whereas there is a great need for revenues in the City • of Batesville, Arkansas, to carry on necessary public services; and, whereas this Ordinance shall become effective Januar 1 1997 in order to provide for such Y � revenues; therefore, an emergency is hereby declared to exist, and this Ordinance being necessary for the immediate protection of the public peace, health and safety, shall take effect immediately upon its passage and approval. PASSED this day of C (Q (, 1996. AYOR ATTEST: i z CITY CLERK • ACCEPTANCE I WHEREAS; the City Council of the City of Batesville of Independence county, Arkansas, did on the !' f` day of �- 1996, enact an ordinance entitled: Ordinance No. lo AN ORDINANCE PROVIDING FOR THE CONTINUATION, AT AN INCREASED RATE, THE CURRENT FEE IMPOSED UPON ARKANSAS LOUISIANA GAS COMPANY; THAT THE CITY SHALL RECEIVE AN ANNUAL FEE, IN QUARTERLY INSTALLMENTS FOR THE YEAR 1997, AND FUTURE YEARS FOR THE GAS COMPANY; REPEALING ALL ORDINANCES AND AGREEMENTS IN CONFLICT HEREWITH; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES: i and I WHEREAS, said Ordinance was on the 30 I4 day of • C ;� � - , 1996, duly approved and signed by the Mayor of the City and the seal of said City thereto affixed and attested by the City Clerk: NOW; THEREFORE; in compliance with the terms of said Ordinance so enacted, approved and attested, Arkansas Louisiana Gas Company hereby accepts said Ordinance and files this its written acceptance with the City Clerk of said City in her said office. Dated this day of , 19 Approved: ARKANSAS LOUISIANA GAS COMPANY I i By General Attorney Name and Title Acceptance filed in the office of the City Clerk of Batesville this day of , 19 City Clerk 1 i ACCEPTANCE WHEREAS; the City Council of the City of Batesville of Independence county, Arkansas, did on the 30 day of tc t 0,- , 1996, enact an ordinance entitled: Ordinance No. ,6-/0--� AN ORDINANCE PROVIDING FOR THE CONTINUATION, AT AN INCREASED RATE, THE CURRENT FEE IMPOSED UPON ARKANSAS LOUISIANA GAS COMPANY; THAT THE CITY SHALL RECEIVE AN ANNUAL FEE, IN QUARTERLY INSTALLMENTS FOR THE YEAR 1997, AND FUTURE YEARS FOR THE GAS COMPANY; REPEALING ALL ORDINANCES AND AGREEMENTS IN CONFLICT HEREWITH; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES: and WHEREAS, said Ordinance was on the 3() day of /�/- , 1996, duly approved and signed by the Mayor of the City and the seal of said City thereto affixed and attested by the City Clerk.- NOW; lerk:NOW; THEREFORE; in compliance with the terms of said Ordinance so enacted, approved and attested, Arkansas Louisiana Gas Company hereby accepts said Ordinance and files this its written acceptance with the City Clerk of said City in her said office. Dated this / ( day of_ _`aLts�,�-�[c111 , 19 Approved: ARKANSAS LOUISIANA GAS COMPANY By lj General Attorney Name and Title Acceptance filed in the office of the City Clerk of Batesville this r., day of—LL 04 re w� , 19 9 City Clerk I � • i