HomeMy WebLinkAbout635ORDINANCE 110.�c3
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AN ORDINANCE FIXING AND ESTABLTSHTNG THE AGGREGATE AMOUNT OF LICENSE FEES,
CHARGES AND SPFC?.AL TAXES DL77 THP' CITY OF BATESVnIz FROM ARKANSAS P(7JER
& LIGHT COMPANY, 17HTCH AMOUNT '"JILL BF ACCEPTED BY THE CITY TN LIEU OF ALL SUCH
TAXES EXCEPTING AD VA.LOPEM TAXES, SPECIAL MILLAGE TAXES AND AUTOMOBILE LICENSES,
AND AUTHORIZING RATE SCHEDULES FOR STREET LIGHTING AND OTHER MUNICIPAL USES OF
ELECTRICITY AND FOR OTHER PURPOSES.
WHEREAS, The Arkansas Power & Light Company (hereinafter sometimes referred
to as the "Power Company") is duly authorized by franchise ordinance hereto-
fore enacted to operate an electric distribution system in the City of
'Batesville , Arkansas (hereinafter sometimes referred to as "City") and
said electric distribution system and appurtenances thereto are used in, or
incident to, the rendition of electric service to the City of Batesville,
and the inhabitants hereof residing in said City, and
WHEREAS, The Arkansas Power & Light Company is now occupying the streets and
alleys of the City of Batesville for the purpose of operating, main-
taining, and extending its electric service to the City and the inhabitants
and consumers residing in said City, and is sup -lying to the City electric ser-
vice for street lighting purposes and other municipal uses, and
WHEREAS, The City is entitled to receive such just and reasonable taxes from
the Arkansas Pmrer & Light Company which City may lawfully impose and the
Company is entitled to receive reasonable payment for services received by
City.
N07,T THEREFORE, Be it ordained by the Council of the City of Batesville,
Arkansas that:
Section 1. Power Company shall pay to the City each .year, commencing with
the effective date of this ordinance, payable quarterly in advance, an amount
equal to:
0
-2-
4% of the preceding calendar year's gross electric Revenue (excluding
industrial and municipal revenues) as paid to the Power Company by
customers residing within the corporate limits of the City of Bateav'ille,
Payments shall be made by the Power Company to the City in equal quarterly
installments. Industrial revenues are those revenues defined by the Power
Company as such and approved by the Arkansas Public Service Commission.
Municipal revenues excluded shall be those covered in Section 2 hereof.
It is expressly agreed and understood by the City that said payment shall
constitute and be considered as complete payment and discharge by the Power
Company of all license fees, charges, impositions or taxes (other than
automobile license fees, special millage taxes, and the general ad valorem
taxes) which are now and might in the future be imposed by the City under
authority conferred upon the City by law.
Section 2. Electricity furnished the City for street lighting and other
purposes shall be paid by the City in accordance with the applicable rate
schedules of the Power Company now on file and/or as they may in the future
be filed by the Power Company and approved by the Arkansas Public Service
Commission. The Power Company shall have the privilege of crediting any
amount due City with any unpaid balances due said Power Company for electric
service rendered to said City. It is expressly agreed and understood between
the City and the Power Company if any licenses, charges, fees, impositions or
taxes (other than automobile license fees, special millage taxes, and the
general ad valorem taxes) be charged, imposed, or levied by the City of
Batesville in the future, then in such event the obligation of the
Power Company set forth in Section 11 hereof, to pay the City the sum of 4/
annually of the gross electric revenues (excluding industrial and municipal)
shall immediately terminate.
- 3 -
Section 3. Nothing herein contained shall be construed as giving the Power
Company any rights or rrivileges in addition to those already enjoyed or owned
by said Company, nor shall it affect any prior or existing rights of the Power
Company to maintain and operate an electric distribution system within said
City.
Section 4. This Ordinance shall remain in effect for a term of five (5) years
and for successive periods of one year each unless and until cancelled not
more than six (6) months nor less than tbree (3) months prior to the expiration
of the original term or any anniversary thereof.
Section 5. All other ordinances, agreements and parts of ordinances and agree-
ments in conflict with the provisions of this Ordinance are hereby repealed.
Section 6. Said Power Company shall have thirty (30) days from and after its
passage and approval to file its written acceptance of this ordinance with the
City Clerk and upon such accertance being filed, this Ordinance shall be con-
sidered as taking effect and being in force from and after the first day of
October, 1952.
Approved this day of
Attest:
City Clerk Mayor