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HomeMy WebLinkAboutOrdinance 2238 ` F ( LED ORDINANCE NO . FOR RECORD 076 JUL 14 PN 3: 53 AN ORDINANCE AMENDING ORDINANCE NUMBER 1224REASE THE FRANCHISE TAX PAYABLE TO CITY OF FAYETTEVILLE� �OUNTY ELECTRIC COOPERATIVE CORPORATION . ALMA KOLLMS EYER CIRCUIT CLERK 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 Ozarks Electric Cooperative Corporation ; and WHEREAS , Ozarks Electric Cooperative Corporation has con- sented 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 , 1975 , a majority of the electors voting on the question approved a proposed ordinance increasing the franchise taxes payable by Ozarks Electric Cooperative Corporation 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 , ARKANSAS : Section 1 . That Section 2 of Ordinance Number 1224 , as amended by Ordinance Number 1584 , is hereby amended to read as follows : Section 2 . That Ozarks Electric Cooperative Corporation agrees to pay to the city , commencing July 1 , 1976 , for a period of ten years certain , a sum equal to 48 of its gross sales of electrical power to domestic and commercial consumers within the corporate limits of the City of Fayetteville and 18 of its gross sales of electrical power to industrial consumers within the City of Fayetteville . Said sum shall be payable quarterly and the company shall have thirty ( 30 ) days from the end of each quarter to compute and make the payments provided for herein . Section 2 . That this ordinance shall be in full force and effect June 24 , 1976 upon execution hereof by the Mayor and City Clerk and approval of this ordinance by authorized repre- sentatives of Ozarks Electric Cooperative Corporation . REFERRED TO A VOTE OF THE ELECTORS PURSUANT TO ARK . STAT , 19 -2429 BY RESOLUTION NUMBER 20 - 76 ADOPTED APRIL 201 1976 . APPROVED BY ELECTORS AT SPECIAL ELECTION HELD MAY 25 , 1976 . MAYOR�G�) ATTEST : BOOK 909 950 CITY CLERK OZARKS ELECTRIC COOPERATIVE CORPORATION BY . . . . . ( . . . . . AT i O MiC,+UPILMI D`A`TE ,aCT i 6 70 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 , Zz 3 therein set forth , and the same is as it appears of Record in �.Gt�bt,� 8-"4c� , Volume at Page I � 9 thereof . IN WITNESS WHEREOF , I have hereunto set my hand and affixed my official seal this day of � �i r V : ` �xIL2 ci lJ i � ( S EAL�) 71 CITY CLERK 0 � h BOOK 9619 9W1 �f C\C �F R�CORo co de `0 C�R"(\`S \ 5• dEx-� ,d\t eeed °I—"dal S an 26 tC �F PA �oQiVM ( `cca�tr`er��4Y tnmt�tt�ca °� t�aesa e dth n / WaSrmga� Ko\Sco` Ias here v feco�% Sock M a pa��9�/'Y S, Pttn Coaa y' SS\ed3 d to as S 0 got cd� d apd seat th s G`cco t cio FQoc do6ess my two A cK CERTIFICATE OF R1 CORD State of Arkansas ( SS City of Fayetteville l 1, Suzanne C. Kennedy, City Clerk and E.;-of;1._9u recorder for the City of Fayetteville, do' ;, e ,-eb_r certify that the annexed or fore- �. ,i . : :-, ..,: r^ri••r(l in my office and the same"`c ap- pears is 01i 2I'sillution book witness my ,play of hand and 3`* -- City Clerk and 1 il. Eicio recorder JV . • STATE of ARKANSAS 1 J} Be. County/ of Washington 1, OD w k v 1' " / , ••-"N/ 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 thereto have paid cash for their subscriptions to the newspaper or Its agents or through recognized news dealers over a period of at least six months : -. lsCr lea M I er w and that the said newspaper publishes an averse of more than fort AMENDING ORDi- P P P g Y Percent ♦poi. q IN TO TN('RFASE news matter. TIIE; . . . c rt . . t,, . . _O Xd.W. rn,1 . , twu Erw rt�E CLORPOR- I further certify that the legal notice hereto attached in the matter of ATION. uT1ERF.AS. the Bosh of Itnstme has determ,nrd met ee i4etvee In pomp ' h.nch,ae [ar(ea ie Inasrar m en in- , �M — n terim beats to suppUOenl existing ben- Lj (4 G;.Q✓-.-_ Q_ ___ _ - Wil Turd mcenues ur" stair time as .-- '-- . atam,ad . I.X al asabseR lesraation. fl.11e ;e_sia-.,: . u� onnossaaaiai arrcnd mrT1 . A an.,pted . taa" I,Kmae the was published 1n the regular dally Issue of said newspaper for......... All `Ti Will- paetiN to a4p m m � em reewbk Insertionsas follows : seise and n wHI71I , the PkialeWe spend o[ Directors has appointed tinincrease in /J the :r;,,_,re,x taxed is"AMe to the city The first insertion on the ..Q... day o[ be ozaA% Electrle Gomerabve Cor p.amiion: and aHEREAS. Ozarks Electric cmpera the second insertion on the .. day of - _.—._.__ 19.---------- lice has consented Wridie aforesaid ----__"" proposal Iincrea se u eeM� L3'e d said nt elle the third Insertion on the __ _ day of ....--._.-.-__-.-----...- 19..._._---- mniority cNe. M the eleek,rs ---'------- - -1c untTro the yeti" Of said in- tc25 IWIs ata apayY drt,m atele and the fourth Insertion on the --_-.__._...._.... day of --_..-__------------ 4 ,z2.i. ih, a majority of the electors vnl ,nc e a Pro p,.ed ordinance incresudog the franchise res oby Electric Coopendnot InrporeUUak lizi the amount Rrby doe Py (ge eii9e Board of Directors. vow 11) THEDBO R Lae IT OR-EC- Sworn to and subscribed before me on this _._ .-.......__ D V]ED Rl' THE BOARD OF DIREC- tIN Of t IS 01 THE CIM OF FAYET- I 1111 .E:. ARKANSAS: / n.a lion I 'chat sedNdi of Ordinance 7 . .,,nicerTill. as amended by Ordinance .__.._.........._..- -,t'1.�.._....._--.... 19_..._—_ I All an "ill, Is Itasmy amended to I an fnllox s: Section , orp (harks Electric 1,o, I mitre norppralMn ARRCS I(I ----- -- ---- I*O +^ uta_ �' its aMy N Public It T; icr a padrid . of tm year. m Neal to 4 pa' nit ,sales pI alsetrlral power -= rn and 'commercial con- My Commission Expires: in thl tsinarete limits e t f Fayetteville and 1 1 sB I IT industrial consumeast gross sales of lectrl- h . i Pa v - Ile Said / In I ibe n LT.I" city SM �. . nlll have thirty, (30) r . ,. i,�>C , �+.,tic r : paejmaeob Fees for PrlDting fol vi, - CM.IO,t - T .I a �IF,c ordinance Ulan Te in f-.11 tor..= „n .Pert Zune 24, Cost Of Proof . ...... j-----------_-_--.-_._-- 976 upon "e, lit , dernm b �Fle Rcr, Cnnp 1 nT the Mtives M Only Cork .i;.nrI At of dee yn w,dmencr by avi C(ol ptoe cons vas Tool ..,.1,1-5... Aran era,ive CorPlsre. ....---•—.... its REFERRED TO A \ nl'F: OF THE f:LEIrTORS PT RSEAYT TO ARK. i'r 4T. 4�. 242P RY RESOLUTION ,it MBER zat ADOPTED APRIL 87. 1 '•:6 %PPROVED BY ELECTORS AT ' ECIAL ELECTION HELD MAY 25, L76 MadN R. Orsen MAYOR 4ETEST CITY ,FPK Westbrook PITY CI,F.RK 1, - 20