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AN ORDINANCE FIXING AND ESTABLISHING THE AGGREGATE AMOUNT OF LICENSE FEES, CHARGES AND SPECIAL TAXES DUE JONESBORO FROM THE MIDSOUTH GAS COMPANY, ITS SUCCESSORS AND ASSIGNS, ON ACCOUNT OF ITS GAS OPERATIONS IN SAID CITY, WHICH AMOUNT WILL BE USED BY THE CITY IN LIEU OF ALL SUCH TAXES EXCEPTING AD VALOREM TAXES AND AUTOMOBILE LICENSES, AND FOR OTHER PURPOSES
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WHEREAS, the Mid South Gas Company (hereinafter sometimes referred to as the “Gas Company”) is duly authorized by franchise ordinance hereto fore enacted to operate a gas distribution system and appurtenances thereto, used in, or incident to the rendition of gas service to Jonesboro, and the inhabitants thereof residing in said city, and,
WHEREAS, the Mid South Gas Company is now occupying the streets and alleys of Jonesboro, for the purpose of operating, maintaining and extending its gas service to the City and the inhabitants and consumers residing in said City, and is supplying to the City and consumers therein gas service, and,
WHEREAS, the City is entitled to receive such just and reasonable taxes form the Gas Company which the City may lawfully impose and the Gas Company is entitled to pay.
NOW, THEREFORE, be it resolved by the Council of Jonesboro, that:
SECTION 1: The Gas Company shall pay to Jonesboro, the sum of $1.00 annually for each of the average number of customers served during the next preceding calendar year within the limits of said municipality. All such payments shall be paid in January. The tax as herein levied shall be in lieu of any occupation tax, license tax, excise tax and any other character of municipal tax of fee (excepting the general Ad Valorem taxes, automobile license fees, and special millage taxes) which are not and might in the future be imposed by Jonesboro under authority conferred upon the City by law.
SECTION 2: Nothing herein shall be construed to alter or change the terms or conditions of the present franchise under which the Gas Company is operating.
SECTION 3: Nothing herein shall be construed to alter or change the present rate schedule under which the Gas Company is not operating, except by order of the Arkansas Public Service Commission or other legally constituted bodies.
SECTION 4: All other ordinances, agreements and parts of ordinances and agreements in conflict with the provisions of this Ordinance are hereby repealed.
SECTION 5 This Ordinance shall remain in effect for a term of one (1) years and for successive periods of one (1) year each unless and until cancelled not more than six (6) months nor less than three (3) months prior to the expiration of the original term or any anniversary thereof.
SECTION 6: Said Gas 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 acceptance being filed; this Ordinance shall be considered as taking effect and being in force from and after the first day of January 1958.
PASSED and APPROVED this 6th day of October, 1958.