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HomeMy WebLinkAbout666ORDINANCE AN CRDINANCE FIXING r,%ND ESTABLISHI�:G THE AGGREGATE Alvi,_Ui 'T CF LICEi,isE FEES, CW`AGES AND SPECIAL TA),' -,ES UUE �a-2:107TLI� FRt,, &'i THE tv IDSC:UTH GAS CQj%,i?sa`IY, ITS SUCCESSORS AND ASSIGiNS, :iv , cc(C UNT C.F ITS GAS OPER,�JlI .• NS IN SAID CITY, )i- M CH. V' t: UNT WILL BE USED BY THE CITY IN LIEU CIF ALL SUCH TAXES EXCEPTING AD VAL:.)P.EAi% Tk' XES AND AUTO' , BILE LICEi"iSES, AND F%'. -.R OTHER PURPOSES. t -v HEREAS, the Midsouth Gas Company (hereinafter somekimes referred to as the UGas Company") is duly authorized by franchise ordinance heretofore enocteQ to operate a gas distribution system ana appurtenances thereto, used in, or incident to the renaition of gas service to Eat ;svylle , and the inhabitants thereof r -skiing in said city, ani, WHER&--,S, the TAidSouth Gas Company is now occupying the streets amj alleys of Ates i lig_, , for the purpose of operating, inaintainin;; on:: extend- ing its gas servic:: to the City anu the inhabitants ane: consurners residing in said City, and is supplying to the City and consumers therein ;as service, ana, 'WHEREAS, the City is entitled to receive s'Jch iis'i and reasonable taxes from, the Gas Company which the Citi; may lawfully 6,11pose ana the eras Company is enritlea to pay. POC Vv THEREFORE . , be it resolved by the ouncil of atesvill, ,That: Section 1. The Gas Company shall pay m Fiat>Lsv 7.11e , the sure of $1 annually for each of the average number of customers served curing Me next preceding calendar dear within the limits of said municipals►y. All such payments shall be paid in January. The tax as herein levieu shall be in lieu of any occupation tax, license tax, excise tax and on, other character of municipal tax or fee ( excepting, the general Au Valorem taxes, automobile license fees, ana special ai'lloge taxes) which are now and might in the future be ii-iposed by Dat sv 1_le under authorit, con- ferred upon the City by law. Section 2. Klothing herein shall be construed to alter or change the terms or conuiitions of tho present franchise unc;er which the Gas Company is operating. Section Nothin herein shall be construed to alter or chanra the present rateschedule under which the Gas Company is now operafin; , axcept by or: L --.t of the Arkansas Public Service Commission or other legally constiwtad bogies. Section 4. All other ordinances, agreements anu parts of ordinances and a0reaments in conflict with the provisions of this ._')'rainance are h xeby repealed. Section This Ordinance shall remain in effect for a terto of one (1) year anti for suc- cessive perious of one (1) year each unless anu until cancellea not'nore than six (1.) months nor less than three (3) months prior to the expiration o the original term or any anniversary thereof. Section u. Said Gas Company shall have thirty ("A days from and after its passage and approval to file its written acceptance of this .;rainance with the City Clerk and upon such acceptance b:.ing filed, this Ordinance shall be consiuered tokin; effect and being in force from and after the first day of At't," �e ? ROVED THIS r DAY CIF i ATTEST: t CITY CLEC A, « ORDINANCE < 1 AN CRDI MANCE FIXIi�,iG AND ESTABLISHING THE AGGREGATE AM.. Ui,,,T CF LICi SE FEES, Cl -i,' RGES AND SPECIAL TAXES UUE /'- 1'IMSM ;, YRi .)iV► THE 1,,*JDSi._.1UTH GAS COjj;i'ANY, ITS SUCCESS DRS AND ASSIGNS, s%C t-UNT %EF ITS GAS GPER,-TIVINS IN SAID CITY, VrHICH AiVt URT WILL BE: USED BY THE CITY IN LIEU XES EXCEPTING AD VAL,_jREibi Ti',XES AND AUTOiv:L.BILE LICENSES, CF ALL SUCH i, AND F R OTHER PURPOSES. \,vHEREAS, the ieiidSouth Gas Company (hereinafter sometimes referred to as the "Gas Company") is duly authorized by franchise ordinance heretofore enocteg to operate a gas distribution system and appurtenances thereto, used in, or incident to the renuition or gas service to and the inhabitants thereof r -siding in said city, and, WHEREf`,S, the iViidSouth Gas Company is now occupying the straets ano alleys or �.. for the ,purpose or operating, maintoinin;) on: extend- ing its gas servic : '+o the City and the inhabitants ono' consurners rasiuing in said City, and is supplying to the City and consurners therein ;)os service, and, 'WHEREAS, the City is entitled to recaiv� such lis'i and reasonable taxes from the Gas Company which the Citi; may lawfully i;,ipose ong the Gas Company is entitlea to pay. l*-.1LV-r THEREFORE, be it resolved by the Zouncii o► st�st�. , that: Section 1. The Gas Company shrill pay - o t ae?ri the surn of $1 annually for each of ih overage number df customcrf serve uur'►nW;the next ;receding calendar y,eor within the limits of said inunicipaliiy. All su:.h payments shall be paid in January. The tax as herein levieu shall be in lieu of any occupation tax, :iccnse tax, excise tax and any other character of municipal tax or fee ( excepting the: generoi Au Valorem taxes, automobile I icanse fees, anal special i-ni l loge: taxes) which are now and might in the future ba imposed by under authorit; con- ferred upon the laity by law. Section 1. Nlothing herein shall be construed to alter or change the terms or conuitions of the presanr franchise unc;er which the Gas Company is operotin;; . Section ;:. Nothinc; herein shall be construe: to alter or chonga the present roteschedule under which tho Gas Company is now operarin;, except by oru;:r of the Arkansas Public Service Commission or other legally constii•ut;rci bogies. Section 4. All other ordinances, agreements anu parts or ordinances and agreements in conflict with the provisions of this ...rainance are h.:reby repealed. Section This .�rciinance shall remain in effect for a term` of one (i) year ona for suc- cessive perious of one (1) year each unless anu until cancelleci not more than six (,�) months nor less tion three (3) months prior to the expiration of the original term or any anniversary thereof. Section g. Said Gas Company shall have thirty (;;0) days from and after its passage and approval to file its written acceptance of this ...,ruinanco with the City Clerk and upon such acceptance b.:ing filed, this Ordinance shall be consiuered as taking effect and being in force from and after the first day of C� ,PPZOVED THIS I DAY OF t.s ATTE : t� �2 CITY -LE MIDSOUTH GAS COMPANY 723 Cumberland Street FRANK P. CLARK Little Rock, Arkansas VICE PRESIDENT SECRETARY -TREASURER December 8, 195 City of Batesville Batesville, Arkansas Gentlemen: The Midsouth Gas Company hereby acknowledges receipt of a copy of Batesville's Ordinance No. 666 covering license fee (franchise tax) which was approved on November 11, 1958, MidSouth Gas Company accepts the Ordinance as prepared and will make payments for franchise tax in the manner set forth in the Ordinance. It is a pleasure for the Midsouth Gas Company to furnish service to your community. Yours very truly, F. P. ark FPClrj