HomeMy WebLinkAboutOrdinance 1224 ORDINANCE N0.
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AN ORDINANCE WHEREBY OZARKS ELECTRIC COOPEEATIVE CORPORATION, AN ARKANSAS CORPORATION, AND THE
CITY OF FAYETTEVILLE, ARKANSAS, A MUNICIPAL CORPORATION, AGREES THAT OZARKS ELECTRIC COOPERATIVE
CORPORATION SHALL CONTINUE TO OPERATE ITS ELECTRICAL SYSTEM IN CERTAIN AREAS HERETOFORE
ALLOCATED BY THE ARKANSAS PUBLIC SERVICE COMMISSION AND WITHIN THE CORPORATE LIMITS OF THE CITY
OF FAYETTEVILLE, ARKANSAS, AS SAID CORPORATE LIMITS ARE NOW LOCATED OR AS MAY HEREAFTER BE
LOCATED WITHIN THE AREA ASSIGNED TO OZARKS ELECTRIC COOPERATIVE CORPORATION BY THE ARKANSAS
PUBLIC SERVICE COMMISSION; TOGETHER WITH ALL BUSINESS INCIDENTAL TD OR CONNECTED WITH SAID
SYSTEM INCLUDING THE ERECTION AND MAINTENANCE OF ITS PLANT , CONSTRUCTION AND APPURTENANCES
THERETO, ALONG, ACROSS, ON, OVER, THROUGH, ABOVE AND UNDER PUBLIC STREETS, AVENUES, ALLEYS,
PUBLIC GROUNDS AND PLACES WITHIN SAID OPERATING AREAS HERETOFORE ALLOCATED BY THE ARKANSAS
PUBLIC SERVICE CESSION WITHIN SAID CORPORATE LIMITS AS SAME ARE NOW LOCATED OR AS MAY HEREA
AFTER BE LOCATED WITHIN THE AREA ASSIGNED TO OZARKS ELECTRIC COOPERATIVE CORPORATION BY THE
ARKANSAS PUBLIC SERVICE COMMISSION; THAT THE CITY SHALL RECEIVE AN ANNUAL PAYMENT FROM THE
OZARKS ELECTRIC COOPERATIVE CORPORATION] AND FOR OTHER PURPOSES:
WHEREAS, the City desires to enact and impose upon the Ozarks Electric Cooperative Corpora-
tion a franchise tax which shall be in lieu of all other licenses, charges, fees or special
taxes other than the usual general or special ad valorem taxes ;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL. OF THE CITY OF FAYETTEVILLE, ARKANSAS :
Section 1 : That the Ozarks Electric Cooperative Corporation, its successors and assigns ,
shall comae to operate its electrical power system and all business incidental to or
connected with the conducting , of business system engaged in the sale of electrical_ power and
energy within the city limits- of the City of Fayetteville, Arkansas as heretofore allocated to
Ozarks Electric Cooperative Corporation .by the Arkansas Public Service Commission. The plant
construction and appurtenances used in or:lincident to the giving of electrical power service
and to the maintenance of an electrical powerservice business shall remain as, now constructed,
subject to such changes as may be considered necessary by the City in the. exercise of its
inherent poser and by the Ozarks Electric Cooperative Corporation in the conduct of its business
and by the Arkansas Public Service Commission in its regulatory power of public utilities.
The said Ozarks Electric Cooperative Corporation shall continue to exercise its right to place,
remove, construct and reconstruct, extend and maintain its said plant and appurtenances thereto,
along, over, across, on, through, above and under all the public streets, alleys, 'avenues and
the public grounds and places in certain areas heretofore allocated by the Arkansas Public
Service Commission and within the corporate limits of the. City of Fayetteville, ,Arkansas, as
said corporate limits are now located or as may hereafter be located within the area assigned
to Ozarks Electric Cooperative Corporation by the Arkansas Public Service Commission.
Section 2 : That the Ozarks Electric Cooperative Corporation agrees to pay to the City
fore� commencing January 11 1960 and ending December 311 1940 a sum equal to two per
cent ( 2% ) of its gross sales of electrical power to domestic and commercial consumers within
the territory served by the Ozarks Electric Cooperative Corporation within the corporate limits
of the City of Fayetteville, Arkansas, as now located or as may be hereafter located, said sum
to be paid in equal quarterly-annual payments . The Ozarks Electric Cooperative Corporation
shall have thirty (30) days from the end of each quarter to compute and make the payments
provided for herein. That said payment shall be continued from year to year following December ,
31, 1976 unless the City or the Ozarks Electric Cooperative Corporation shall terminate this r/
agreement at the end of any year after giving sixty ( 60) days advance notice of intention to
so . terminate.
Section 3 : The annual payment herein required shall be in lieu of all other licenses,
cbargesT e� es or impositions ( other than the usual general or special ad valorem taxes ) which
may be imposed by the City under authority conferred by law. kuc. UfILMED
DATE T 9
REEL ��e
Section 0 The Ozarks Electric Cooperative Corporation on the request of any person
shall remove or raise or lower its wires temporarily to permit the moving of houses or other
structures. The expense of such temporary removal, raising or • lowering of wires shall be paid
by the party or parties requesting the same, and the Ozarks Electric Cooperative Corporation
shall be given not less than forty-eight hours advance notice to arrange for such temporary
wire changes.
Section 52 Permission is hereby granted to the Oxarks Electric Cooperative Corporation to
trimtaus upon and overhanging streets,* alleys, sidewalks and public places of said City so
as to prevent the brgnches of ' such trees*.from coming in contact with the wires and cables of
the Ozarks Electric Cooperative Corporation, all the said trimming to be done under the
supervision anddirection of any City official to whom said duties have been or may be delegated.
Section6j Nothing in this Ordinance contained shall be construed to require or permit
any a ecc ht or power wire attachments by the City or for the City. If light or power
attachments are desired by the ' City or for the City# th& a separate non-contingent agreement
shall be a pre-requisite to such attachments.
Section 7 Nothing herein contained shall be construed as giving to the Ozarks Electric
Cooperage Corporation any exclusive privilegesp nor shall it affect axe. prior or existing
rights of the Ozarks Electric Cooperative Corporation to maintain an electrical power system
within the City.
Section 8t This ordinance shall take effect and be in force from and after its passage$
approve a p�lication.
Dated this 21st day of December, 1959.
AP :
ATTEST2 d. AUSTIN PARISH, MAYOR
GEORGE CITY CLERK
l
ORDINANCE NO. 1221 ( NOW,—THEREFORE-HE-TT-OR-
AN ORDINANCE W H I: Y} IDAINED BY THE CITY CO
7 OZARKS ELECTRIC ObOPEAA-I + CIL OF THE CITY OF FAYETTE- Ment shall be continued from ye;,
TIVE CORPORATTOTN,& ARK- . 1 VILLE. ARKANSAS: I to year following December 3l;
ANSAS CORPORATION. AND SECTION 1. That the Ozerka 1976 unlea the City or the -Ozarks
THE CITY OF FAYE7FEVILLE, Electric Cooperative Corporation, Electric Cooperative Cor
ARKANSAS. A MUNICIPAL its successors and assigns, shall I shall terminate this agreements at
OZARKS EILECTRIC AGREES OOPER- powerue to ay tem endse his all business sin' ( sixtthe ynd(6oj'of any Year days advance ftnotcfet of
ATIVE CORPORATION SHALLI )cidental to or connected with' the intention to so terminate. s
CONTINUE TO OPERATE ITS conducting of business system en- SECTION 3. The annual
ELECTRICAL ERET f O CER- galled in the i sale of electrical mens he required shall be pay. i
TAIN AREAS HERETOFORE AL- Dower and energy within the city Nees
I lieu of all other licenses. Cha t
LOCATED BY THE w\gKANSAS' limits of the Clty of Fayetteville, it feea ' or all
Cher is charges s
PUBLIC SERVICE COMMISSION Arkansaz as heretofore allocated to ) the usual general or(o ehpecial had e
AND WITHIN THE CORPORATE �O.vrkS Electrle Cooperative Cor- ( valorem taxes) whtch may be lad o'
LIMITS OF THE CITY OF FAY- Iporation by the Arkansas Public 1
ETTEVILLE, ARKANSAS, AS I Serv[ce Commission: The Posed by the City under authority I
SAID CORPORATE LIMITS ARE I construction end 'a plant conferred by law. a
ppurteniving SECTION 4. The Ozarks Electric I
ances
NOW LOCATED OR AS MAY usetl 1n t incident to the giving
'HEREAFTER . HE LOCATED, of electrical power service and' to Cooperative . Corporation on , the )
"NITHIN .THE AREA ASSIGNED the' maintenance of an electrics] request of any person shall remove I'
CO OZARKS ELECTRIC ' COOP- I : power . ser lee business shall re- or raise or lower its wires tem- 1
ERATIVE CORPORATION BY 1 main as now constructed, subject ') porarily to permit the moving of
rHE ARKANSAS PUBLIC SERV to is uch changes as may be con- � houses or other- structures. The
ICE COMMISSION; TOGETHER sidered necessary by the City in expense of such temporary re- r
WITH ALL BUSINESS INCI; the exercise of its inherent power moval, raising or lowering of wires I
J DENTAL ID OR CONNECTED and by the Ozarks Electric .Co- ( shall be paid by the party or pat-
J
WITH SAID SYSTEkt INCLUD_ operative '.Corporation in the con- ties requeatl ni the same. and the
ING THE ERECTION AND ' duct of its business and by the Ozarks Electric Cooperative Cor-
MAINTENANCE OF ITS PLANT Arkansas Public Service Commis- Potation shall be given not less
CONSTRUCTION AND APPUR_ i sion in its regulatory /than forty-eight hours advance
TENANCES THERETO, ALONG, P rY d Oz of (notice to arrange for such tem•(
Public utilities. The said Ozarks ( 11
ACROSS, ON, OVER, THROUGH. Electric Cooperative Corporation P SEC wire changes.
�)
STREETS,
ABOVE AND UNDER PUBLIC shall continue to exercise its right �I SECTION v. Permission Is hereby
STREETS, AVENUES. ALLEYS, to place, remove. construct and 1.Hranted to the Ozarks Electric Co-
5 GROUND 5 . AND reconstruct, extend and maintain ) operative Corporation to trim' trees
PLACES WITHIN. SAID OP- Its said plant and appurtenances upon and overhanging streets, at.FARTING AREAS HERETOFORE thereto, along, over, across. an. lays, sidewalks and public places
ALLOCATED By THE AR ' through, above and tinder all the of said City so as to prevent the
( SAS PUBLIC SERVICE COCOM- public streets, alleys, avenues and I branches of such trees from com-
MISSION WITHIN SAID COR- -the Public grounds and places in ;Ing in contact with the wires and
PORATE LIMITS AS SAME ARE I certain areas heretofore . allocated �. cables of the Ozarks Electric Co-
NOW LOCATED OR AS MAY by the Arkansas Public Service operative Corporation, all the said
HEREAFTER BE LOCATED Commission and within the trimming to be done under the
WITHIN THE AREA ASSIGNED 1 corporate limits of the City of supervision and direction of any
TO OZARKS ELECTRIC COOP- Fayetteville, Arkansas, as said car- City. official to whom said duties "
ERATIVE CORPORATION BY borate limits are now located or have been or may be delegated.
THE ARKANSAS PUBLIC SERV- as may hereafter be located within SECTION r Nothing a this .
ICE COMMISSION: THAT THE the area assigned to Ozarks Ele n dinance contained shell be eon-
CITY SHALL RECEIVE AN AN-� tric Cooperative Corporation by the aimed to require s permit any
NUAL PAYMENT FROM THE Arkansas Public Service Commis- electric re or power wire ab
OZARKS ELECTRIC COOPERA=} Sion. tachments by the City or for the
TIVE CORPORATION; AND. SECTION' 2. That the' Ozarks Citv. ' If light or power attach-
FOR OTHER PURPOSES: Electrle Cooperative Corporation ments are desired by the City or 1
WHEREAS, the City desires to� agrees to pay to the City for the J 1 for the City, then a separate non- 7
enact and impose upon the Ozarks Period commencing January. 1, contingent agreement shall be a
' Electric Cooperative Corporation 1960 and ending December 31, 196oZ Pre-reovisite ' to such attachments.
e franchise tax which shall be in a sum equal to two per cent i2%3 SECTION 7. Nothing herein con-
lieu of all other licenses, charges, of its gmss,sales of electrical pow- tained shall be construed as
'.fees or special , taxes other than Jr er to domestic and commercia to the Ozarks Electric Coope giving
,the usual general or special ad consumers within the territory Corporation .any exclusive privi.
valorem taxes_ !1 served by the Ozarks Electric Co-� leges, nor shall it affect any
operative Corporation within the prior
or existing rights of the Ozarks
l corporate limits of the City of Fay- I Electric Cooperative Corporetion
ettevitle. Arkansas, as now located to maintain an electrical power
!or a9 may , be hereafter located. System within the City.
Sal d Sum to be p I in equal quay- SECTION 8. This ordinsnce shall
ter ly-annual payments, The Ozarks take effect and be in force from
Electric Cooperative Corporation
and after its passage, approval and
shall have thirty (30) days from Publication.
Lhe end of each quarter to com- / Dated this 21st day of December.
Aute end make the payments pro- 1959.
Ivided for hereln, That said Day- APPROVED: i
J. AUSTIN PARISH, Mayor
1 ATTEST:.
t GEORGE J. DAVIS,
I City Clerk
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