841
ORDINANCE N0.
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AN ORDINANCE FIXING AND IMPOSING AN ADDITIONAL ASSESSMENT
TO BE PAID THE CITY OF WEST MEMPHIS, ARKANSAS, BY ARKANSAS
LOUISIANA GAS COMPANY AND THE METHOD OF PAYMENT THEREOF;
DECLARING AN EMERGENCY AND FOR OTHER PURPOSES.
WHEREAS, Arkansas Louisiana Gas Company is duly authorized to
construct, operate, maintain and extend a gas system and to sell,
furnish, transmit and distribute natural gas and energy in the
City of West Memphis, Arkansas (hereafter referred to as "City"),
to the City of West Memphis, Arkansas, and to the citizens residing
therein; and
WHEREAS, said Arkansas Louisiana Gas Company is now providing
gas service to the City and its inhabitants and is occupying the
streets, alleys, and other public property of the City of West
Memphis, Arkansas, pursuant to said authority; and
WHEREAS, the City requires additional revenues for payment
of increased salary requirements for City employees and other
municipal functions and service and desires to increase the payment
of special taxes, charges and assessments paid by the said Arkansas
Louisiana Gas Company pursuant to the right of the City to levy such
additional assessments; and
WHEREAS, the City recognizes and accepts the purposes and
results of decisions of the Arkansas Public Service Commission
and the Arkansas Supreme Court requiring that the charges for
service by a utility to customers in the City be adjusted to
adequately reflect any additional amounts of assessments imposed by
the City in excess of a standard level paid in other municipalities
to avoid discrimination among customers of the utility;
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS, ARKANSAS, That:
Section 1. The manufacture, sale, furnishing, transmission
and distribution of natural gas and energy by Arkansas Louisiana
Gas Company within the City is hereby declared to be a special
privilege and for such privilege the Arkansas Louisiana Gas
Company shall pay to the City of West Memphis, Arkansas, the sum of
Two and No/100ths Dollars ($2.00), annually, for each of the
average number of customers served during the next calendar year
within the limits of the City of West Memphis, Arkansas.
An additional special assessment, tax, and charge shall be
imposed as follows: the Company for each calendar year shall pay
an additional sum of Sixty Thou~a~d~~and No/100ths Dollars,
($60,000.00) payable in ap~proximately equal quarterly installments
lroi/6'~
beginning ~~~7" /`/y, /S ~ ~" Payments shall continue
in succeeding years unless sooner modified.
Section 2. All ordinances and parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed, including
Ordinance No. 361.
Section 3. It is hereby found by the City Council of the City
of West Memphis, Arkansas that there is an urgent need for additional
revenues for the City. Therefore, an emergency is declared to exist,
and this ordinance being necessary for the preservation and advancement
of the public peace, health, safety and welfare, shall be in full
force and effect from and after the date of its approval, e
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APPROVED this ~ ~ day of ~~ G' y , 1975•
ATTEST:
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`~ CITY CLERK
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MAYOR