title
AN ORDINANCE FIXING AND ESTABLISHING THE AMOUNT OF LICENSE FEES, CHARGES AND SPECIAL TAXES DUE JONESBORO FROM ARKANSAS-LOUISIANA GAS COMPANY, ITS SUCCESSORS AND ASSIGNS, ON ACCOUNT OF ITS GAS OPERATIONS IN SAID CITY, WHICH AMOUNT SHALL BE USED BY THE CITY IN LIEU OF ALL SUCH TAXES
body
WHEREAS, the Arkansas Louisiana Gas Company (hereinafter sometimes referred to as “Gas Company”) is or will be duly authorized by franchise ordinance to operate a gas distribution system and appurtenances thereto, used in or incident to the rendition of gas service to Jonesboro, Arkansas, and the inhabitants thereof residing in said municipality; and
WHEREAS, the Gas Company is now or will be occupying the streets and alleys of this City, for the purposes of operating, maintaining and extending its gas service to the municipality and the inhabitants and consumers residing in said municipality and supplying the municipality and consumers therein gas service; and
WHEREAS, the municipality is entitled to receive such just and reasonable taxes from the Gas Company which the municipality may lawfully impose and the Gas Company is entitled to pay.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Jonesboro. Arkansas:
Section 1: The Gas Company shall pay to the City of Jonesboro for the privilege of doing business in the City of Jonesboro, Arkansas, the sum of $67,000 annually.
Section 2: Payments to the City by Arkansas Louisiana Gas Company for the tax provided for in Section 1 hereof shall be made semiannually beginning with January 31 and July 31, 1970.
Section 3: Pursuant to authority of an order of the Arkansas Public Service Commission relating to and approving a formula for computation of the municipal taxes which may be considered a part of the rate structure for the Arkansas Louisiana Gas Company which rate was fixed by said order, the City hereby recognizes and expects that the Arkansas-Louisiana Gas Company will cause the additional taxes levied in Section 1 hereof together with collection costs to be passed on to its customers within the City of Jonesboro. Such additional charges may be reflected on monthly statements as “City Taxes”.
Section 4: Nothing herein shall be construed to alter or change the terms or conditions of the present franchise under which the Gas Company is operating in the City of Jonesboro, Arkansas.
Section 5: 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 constitute bodies.
Section 6: All other ordinances, agreements and parts of ordinances and agreements in conflict herewith are hereby repealed.
Section 7: Whereas, there is a great need for revenues in the City of Jonesboro, Arkansas, to carry on necessary public service; and, whereas the Arkansas Public Service Commission has approved a standard formula for computation of municipal occupation (license, franchise or other special) taxes in the amount of $2.00 per meter, per year, based on the average number of meters, and whereas under such formula any additional such tax will be passed on by the Gas Company to its customers in said municipality, together with costs of collection; and whereas such additional taxes are necessary in order to provide additional funds for necessary municipal purposes and it is necessary that this Ordinance shall become effective immediately in order to provide for the prompt computation and collection of said taxes; 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 and ADOPTED this 10th day of November, 1969.