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1477ORDINANCE NO. I'~f7,.L AN ORDINANCE FIXING AND IMPOSING AN ADDITIONAL ASSESSMENT TO B$ 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 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; 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 41/4% of gross revenues collected each year by said company payable in approximately equal quarterly installments on or before the 25th day of March, June, September and December of each year. 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 All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed, including Ordinance No. 841. 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 passage and approval. APPROVED this ~_ day of m nrch , 1991. MAYOR i ATTEST: ~ / ~ ~ ~ RfCEiVED / CiiY CLERK OFFICE CITY CLERK _ _~ _ lo- ~ ~._..--~~ DATE ----- _ 2 '~ 1 0; f 5 a.tiw