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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 .. � , I n F n-a.aR ..'N .w.TJF' ♦'d [ 4 x 'T n _w..-r-�. . ,2• ��a �r �� � '$ .'n 'r '. &�.:v. "�a•Yi ��' ,JA•-� fy �. , ,,,. ,fi51't'� "fir VS�'E'g "s x'+: �. .t .°'-S �Y�-- � �, q � �"� yti �� ,i � F ' ::-^.o.w-t�-•t<•G •''�'�"�� '8. ���5_'S4 � �5�'�: y�.�*„y , .R•'''k� �.f'�"h" �z� t 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