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AN ORDINANCE FIXING AND ESTABLISHING THE AGGREGATE AMOUNT OF LICENSE FEES, CHARGES AND SPECIAL TAXES DUE THE CITY OF JONESBORO, ARKANSAS, FROM THE MID-SOUTH 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 ordinances heretofore enacted to operate a gas distribution system and appurtenances thereto, used in or incident to, the rendition of gas service to the City of Jonesboro, Arkansas, and the inhabitants thereof residing in said City; and
WHEREAS, the Mid-South Gas Company is now occupying the streets and alleys of the City of Jonesboro, Arkansas, 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 services; and
WHEREAS, the City is entitled to receive such just and reasonable taxes from the gas company which the City may lawfully impose and the gas company is entitled to pay.
NOW,T HEREFORE, be it ordained and enacted by the Council of the City of Jonesboro, Arkansas, that:
SECTION 1. The gas company shall pay to the City of Jonesboro, the sum of $4,000.00 annually, payable quarterly in advance, each quarterly payment due and payable in January, April, July and October each year. Payments of $1,000.00 to the City for present occupation tax on Mid-South Gas Company for the calendar years of 1951 has been made to the City and receipt is hereby acknowledged by City. This payment of $1,000.00 shall constitute the first quarterly payment of tax set out herein above for the year 1951. No further payment hereunder to be made by company until April, 1951. The tax as herein levied shall be in lieu of all special taxes (excepting the general ad valorem taxes and special millage taxes) which are now and might in the future be imposed by the City of Jonesboro under authority conferred upon the City by law.
SECTION 2. (A) Gas furnished to the City for its City Hall, Fire Station and other uses shall be paid for by the City in accordance with the applicable rate schedule of the gas company now on file and/or as they may in the future be filed by the gas company and approved by the Arkansas Public Service Commission.
(B) The City will furnish the company annually, free of charge, city auto license tags for each of the company owned automobiles and/or trucks located in Jonesboro.
(C) The City will permit the Mid-South Gas Company to park their trucks on the parking space on Washington Avenue and on Union Street adjacent to the office of the Mid-South Gas Company without charge, but the meters will not be removed, nor will signs be placed on the space. Company service trucks and/or automobiles will be permitted to park at meters in business district for the purpose of service to customers at any time without paying parking meter fees.
(D) The City will furnish labor and material for repairing concrete and asphalt streets and alleys torn up or broken by the Mid-South Gas Company for its construction and maintenance and will then submit a bill to the company for an actual labor and material used in such repair, which the Mid-South Gas Company will pay, it being understood that the company will back fill all excavations made by them in a satisfactory manner.
Should any licenses, charges, fee, impositions or taxes (excepting the general ad valorem taxes and special millage taxes) be charged, imposed or levied by the City of Jonesboro, Arkansas, in the future, then in such event the obligation of the gas company set forth in Section 1 hereof to pay the City the annual sum of $4,000.00 shall immediately terminate.
SECTION 3. Except as to charges to be made by gas company for service to the City’s Fire Station, City Hall and other locations, 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 4. Nothing herein shall be construed to alter or change the present rate schedule under which the gas company is now operating, except by order of the Arkansas Public Service Commission or other legally constituted bodies.
SECTION 5. All other ordinances, agreements and parts of ordinances and agreements in conflict with the provisions of this ordinance are hereby repealed.
SECTION 6. 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 three (3) months prior to the expiration of the original terms or any anniversary thereof.
SECTION 7. Said gas company shall 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, 1951.
APPROVED this 5th day of March, 1951.