HomeMy WebLinkAboutOrdinance 2237 ORDINANCE NOS -.?A37
AN ORDINANCE INCREASING THE FRANCHISE TAXES PAYABLE TO
THE CITY OF FAYETTEVILLE BY SOUTHWESTERN ELECTRIC POWER COMPANY .
WHEREAS , the Board of Directors has determined that an
increase in local franchise taxes is necessary on an interim
basis to supplement existing general fund revenues until such
time as statewide local enabling legislation , state legislation ,
or constitutional amendments are adopted which increase the
ability of municipalities to support themselves ; ' and
WHEREAS , the Fayetteville Board of Directors has proposed
an increase in the franchise taxes payable to the city by South-
western Electric Power Company ; and
WHEREAS , Southwestern Electric Power Company has consented
to the aforesaid proposed increase in franchise taxes , if said
increase is authorized by a majority vote of the electors of
the city voting on the question of said increase ; and
WHEREAS , at a special election held May 25 , 1976 , a majority
of the electors voting on the question approved a proposed or-
dinance increasing the franchise taxes payable by Southwestern
Electric Power Company to the amount proposed by the Fayetteville
Board of Directors .
NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS
OF THE CITY OF FAYETTEVILLE , ARKANAS :
Section 1 . That the first paragraph after the last "Whereas "
clause of the street rental contract between Southwestern Electric
Power Company and the City of Fayetteville , dated December 29 ,
1944 , as amended by Resolution Number 4 - 68 , is hereby amended
to read :
Southwestern Electric Power Company ( successor
to Southwestern Gas and Electric Company ) agrees to
pay to the city , commencing July 1 , 1976 , for a
period of ten years certain , a sum equal to 48 of
the company ' s gross revenues derived from the sale
of electric power and energy to domestic and com-
mercial customers within the city limits of the City
of Fayetteville and 1% of the company ' s gross revenues
derived from the sale of electric power and energy to
industrial consumers within the city limits of the
City of Fayetteville . Said sum is to be due and payable
quarterly , and the company shall have thirty ( 30 ) days
after the expiration of each quarter in which to make
said payment .
Section 2 . That this ordinance shall be in full force
and effect from and after June 24 , 1976 upon execution of
this ordinance by the Mayor and City Clerk and approval of
this ordinance by authorized representatives of Southwestern
Electric Power Company ,
REFERRED TO A VOTE OF THE ELECTORS PURSUANT TO ARK . STAT .
19 - 2429 BY RESOLUTION NUMBER 20- 76 ADOPTED APRIL 20 , 1976 .
APPROVED BY ELECTORS AT SPECIAL FLECTION HELD MAY 25 ? 1976 .
MAYOR
ATTEST :
/1 v
CITY CLERK
MICROFILMED.
DATE OCT 1 6 1978
REEL_ r
CERTIFICATE OF RLCORD
State of Arkansas
City of Fayetteville ( SS
I, Suzanne C. Kennedy, City Clerk and
Ex-Officio recorder for the City of Fayetteville,
do hereby certify that the annexed or fore-
gis of record in MY office and the same aP_
nrtcs ' i ( . i :• hnok
C ' Itness my
--- ... . . dal' of
City Clerk unu lx-Officio Recorder
SOUTHWESTERN ELECTRIC POWER COMPANY
BY � . . p gni , o. j
ATTE
PRESIDENT
SECRETARY,
PAGE TWO
ORDINANCE NO . 2237
CITY OF FAYETTEVILLE , ARKANSAS
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AN: ORDINANCE INCREASING THE: FRANCHISE TAXES']$ O
THE CITY-- OF - FAYETTEVILLE: BY . SOUTHWESTERN ELECTRIC
WASHINGTOrd COn
'WHEREAS ; . the Board of Directors has determi e(MWj �iY
increase in local franchise taxes is necessary onK911 ,€ATm
basis to supplement existing general fund revenue § qRigEf'Ruch
time as statewidelocal enabling legislation , state legislation ,
or constitutional amendments are adopted which increase the
ability of municipalities to support themselves ; and
WHEREAS , the Fayetteville Board of Directors has proposed.
an increase in the franchise taxes payable to the city by South-
western Electric Power Company ; and
WHEREAS , Southwestern Electric 'Power Company has consented
to the aforesaid proposed increase in franchise taxes , if said
increase is authorized by a majority vote of the electors of
the city voting on the question, of said increase ; and
WHEREAS , at a special election held May 25 , 1976 , a m4jority
of the electors voting on the question approved a proposed or-
dinance increasing the franchise taxes payable by Southwestern
Electric Power Company to the amount proposed by the Fayetteville
Board of Directors .
NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS
OF THE CITY OF FAYETTEVILLE , ARKANAS :.
Section 1 . That the first paragraph after the last " Whereas "
clause of the street rental contract between Southwestern Electric
Power Company and the City of Fayetteville , dated December '29 ,
1944 , as amended by Resolution Number 4 - 68 , is hereby amended
to read :
Southwestern Electric Power Company ( successor
to Southwestern Gas and Electric Company) agrees to
pay to the city , commencing July 1 , 1976 , for a
period of ten years certain , a sum equal , to 4 % of
the company ' s gross revenues derived from the sale
of electric power and energy to domestic and com-
mercial customers within the city limits of the City
of Fayetteville and 18 of the company ' s gross revenues
derived from the sale of electric power and energy to
industrial consumers within the city limits of the
City of Fayetteville . Said sum is to be due and payable
quarterly , and the company shall have thirty ( 30 ) days
after the expiration of each quarter in which to make
said payment .
Section 2 . That this ordinance shall be in full force
and effect from and after June 24 , 1976 upon execution of
this ordinance by the Mayor and City Clerk and approval of
this ordinance by authorized representatives of Southwestern
Electric Power Company ,
REFERRED TO A VOTE OF THE ELECTORS PURSUANT TO ARC . STAT ,
19 - 2429 BY RESOLUTION NUMBER 20 - 76 ADOPTED APRIL 20 , 1976 .
APPROVED BY ELECTORS AT SPECIAL ELECTION HELD MAY
///25 , 19976 .
MAYOR
ATTEST ��.. . .'�; q p
4 , ,� dOUK o12 6Z8
CITY CLERK; SOUTHWESTERN ELECTRIC POWER COMPANY
ATTEST : ' ' a rt nn
DATk. 6 1918
a
, REEL�2�
CERTIFICATE
STATE OF ARKANSAS )
CITY OF FAYETTEVILLE )
I , DARLENE WESTBROOK, City Clerk within and for the City of
Fayetteville , Arkansas , do hereby certify that the annexed and
foregoing is a true and correct copy of the Fayetteville ,
Arkansas , _ therein set forth ,
and the same is as it appears of Record
� in
( �y�'-�'-/k;Volume
at Page thereof ,
IN WITNESS, WHEREOF , I have hereunto
set my hand and affixed my official
seal this day of
CITY CLERK
6
BOOK 912 619
CERTIFICATE OF RECORD
Of`:icio Recorder for
ST ATc of ARV:AI7SA5 SS. fore
W ashinOton Cou aYer, Circuit Cleric an hal th- annexed Or da),
1, Almz 1. Kollin Y certify oa�ce on 'he�
CountYdo horebY ^ ..nd ft same
is�-
Washington filed ��r reco�0 O k/p�
t umefrtv+as V- • %�t pag2�7J�
goingins 1.1 at cord_ 19.L
Ot daY
of. -
dWY. tacOrdahand and seal this and
*pass Ifgl• pircait rd
.Officio Roco
Daps perk
/ `ire:•
STATE of ARKANSAS 1
County of WWCa{shiinggtton 1} ee.
1, -j . , hereby certify that I
am the Publisher of THE NORTHWEST ARKANSAS TIMES, a dally
newspaper having a second class mailing privilege, and being not lees than
four pages of five columna each, published at a fixed place of business and at
a fixed (daily ) Intervals continuously In the City of Fayetteville, County of
Washington, Arkansas for more than a period of twelve months, circulated
and distributed from an established place of business to subscribers and
readers generally of all classes in the City & County for a definite price for
each copy, or a fixed price per annum, which price was fixed at what Is
considered the value of the publication, based upon the news value and
service value It contains, that at least fifty percent of the subscribers
agents
thereto have aid cash for their subscriptions to the newspaper or Sts a
.�' ORDINANCE xINCAEASiNG THE P PB
NI-HISF. TAXES PAYABLE TO or through recognized news dealers Over a period of at least six months ;
t CITY OF FAYETTEVILLE BY
-HWFsrEEN ELECTRIC POWER and that the said newspaper publishes an average of more than forty percent
COMPANY. news matter.
LI
WEREAS, the Barred
Board of ofnra has
determined that an Bakeuk W brat
franchise taxes is neseseary an an in I further certify that the legal notice hereto attached in the matter of
Won basis to eyPPlemml exlsling
general fund he pose" until such time
as statewide s eaabilas legislation. ,
stale legislation, or etilatautbnal amend-
mems shot adopted which bicrsuce the
ability of munlcipalltW to support them
selves; and
WHEREASt the Fayetteville Boma or was published in the regular daily issue of said news -----
Directors ._...
has prpprgd an Increase m P g Y newspaper [OL__...
the franahlse taxes payable to the city cilponllYte insertions as follows :
xfwreerratoCompany
panyedh�s com tidh o thel The first Insertion on the -... Q---.___ day of ^:�..... 19. .
by Smlhweetam ENtiric Power Com'
speduarri Electric
panv: and
inset.
e is
if
issues m-thes que
Thecitystion Dor Said
aumorizea the second insertion on the _-------------------__.-. day of
- _._._-___. 19------------
increase: and - - .
WHEREAS, at a special election held the third Insertion on the - _.... ---------- day of . _ _- _.--- . 19...---------
May Z. 1996, a passivity r
voting on the ouMbn aPProved
proposed ordinetps lambasting the frnn- and the fourth insertion on the _. ___..___.. day of _..-...._..--._....__-
chile taxes pay" by Southwestern
Elerctricimai Potwar CoepF*
lHln the amount .
pmectors. DY iha FavaWvllla Board of ( Ft 1 at rs Irl—J_
NOW. TIUMUPORE, BE IT OR -
DAiNED By THE BOARD OF DIREC-
TORS OF THE CITY, OF FAYETTE-
t SASh
lec/Nd�hat the first paragraph Sworn to and subscribed before me on this -9----.. day of .
cher the Wt "waste" daoee K ted
street twaht contract between South
-
veftern Electric Petver Company and
City of Fayetteville, dated December -------------- -- --- - 19
191A, as amended by Resolution
"her J-eg. Is hereby amended beuthwes/ern Electric Power
..,,�,,, -',rcea rp-aggpwesW N Public
. ... :�mrtry co agreed
eosins
tyeas*
n, nn,al ai t tlastae 4 cent t My Commission Expires :
r.L 1 5 ,arose revenues
t r .ale of electric
t t domesticcand dna _ � G
,.i moa Fahr ted
i f th city h Fayestiva
f mer rota of lbs posi�nYe
(even urs derived ham y W in
triera. 05
kintle
elecc imam and energy b in Fees for Printing
fustriel consumers within the ylty
its of the City of Feyan tile.
�, .tion u M be due and Payable Cos[ of Proof ....._.__. _ _______________
„Pulcrl'. and I^.e company shall � ' "'
'.. r n ,lays atter the ex-
quarter n which
Ir. male Saul nn ...,,nl. Total . ...... __-.........._._.-_...
Semon R. Th,u '.rte ordinance shall
be in full farce and effect from and
after June V. 197n open execution of
this ordinance by the Mayor and City
Clerk and appreval of this ordinance
by authorised representatives of South
-
n'ev.ern F:ectnr Posrr tlanWm
BFt'RRF.D TO A VOTE OF THE
F1. F "r• WH PURBIA¢T TO ARE.
c- 1 ' ', 9149 BY r . RESOLUTION
\CN.+ER Nib ADOPTED APRIL 1a.
Mh
.APPROVED BY ELECTORS AT
SPECIAL ELECTION HELD MAY M.
1 ,76.
Marlon A. Often
NlAYOR
Anesl -
Darlene Westbrook,
CITY CLERK
1 tc M