361OR'D 1 NANO E NO. 36 t.
~.
AN ORDINANCE FIXING AND ESTABLISHING THE AGGREGATE AMC)UNT OF
LICENSE FEES, CHARGES AND SPECIAL TAXES DUE CITY OF WEST MEMPHIS,
ARKANSAS FROM THE MIDSOUTH GAS COMPANY, 17S SUCCESSORS AND
ASSIGNS, ON ACCOUNT OF ITS GAS OPERATIONS IN SAID CITY, WHICH
AMOUNT WILL BE USED BY THE CITY IN LIEU OF Alt SUCH TAXES
EXCEPT 1NG AD VALOREM TAXES AND AUTOMJBILE LICENSES, AND FOR OTHER
PURPOSES.
WHEREAS, tfi~ MidSouth Gas Company thereinafter sometimes referred
to as the "Gas Company") is duly authorized by franchise ordinance
hac¢tofore enacted to operate a gas distribution system and
appurtenances thereto, used in, or incident to the rendition of
gas service to West M¢mphis~ Arkansas, and the inhabitants ther¢oi
res~fding in said city, and,
WHEREAS, the MidSouth Gas Company is now occupying the streets
and alleys of West Memphis, Arkansas, for the purpose of op~¢ratinl
maintaining and extending its gaa 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 from the Gas Company which the City may lawfully impose and
the Gas Company is entitled to pay.
NC~1V THEREFORE, be it resolved by the Council of West Memphis,
Arkansas, that;
Section 1. The Gas Company shall pay to City of W¢st Memphis,
the sum of $I annually for each of the average number of customers
served during the next preceding calendar year within the limits
of said municipality. Ail such payments shall be paid in January
Th¢ tax as herein levied shel) be in lieu of any occupation tax,
license tax, excise tax and any other character of municipal tax.
or fee (excepting the general Ad Valorem taxes, automobile license
fees, and special miilage taxes) which are now and might in the
future be imposed by City of West Memphis under authority
conferred upon the City by law.
Section 2. Nothing ierein 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 3. Nothing herein shall b¢ construed to alter or change
the terms or conditions of the present franchise under which the
Gas Company is operating.
Section 4. Ali 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Ordinance are hereby repealed.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 t11 year and for successive periods of one i)) year each
unless and until cancelled not. more than six I6T months nor I¢ss
than three 13) months prior to the expiration of the original
term or any anniversary thereof.
Section 6. This Brdinanc¢ shall b¢ considered as taking effect
and being in force from and after the first day of October, 1958.
APPROVED THIS 4TH DAY OF DECEMBER, 1958.
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