ORD NO 01-1975 CITY OF VAN BUREN, ARKANSAS
ORDINANCE- -1975
AN ORDINANCE PROVIDING AN ANNUAL PRIVILEGE TAX UPON
THE OKLAHOMA GAS AND ELECTRIC COMPANY FOR CARRYING ON
BUSINESS IN THE CITY OF VAN BUREN, •ARKANSAS, UNDER ITS
FRANCHISE, DECLARING AN EMERGENCY AND FOR OTHER PURPOSES.
•r
WHEREAS, the City desires to enact and impose upon the Okla-
homa Gas and Electric Company a 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, and;
WHEREAS, the City recognizes the powers of the City and the
Arkansas Public Service Commission under Act 324 of 1935 of
Arkansas.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,
ARKANSAS, THAT:
SECTION 1. The Oklahoma Gas and Electric Company -which is
conducting or carrying on business in the City of Van Buren,
Arkansas under a franchise shall pay as an annual privilege tax
five per cent (5 of the gross revenues received by said company
in the preceding year from the following classes of service to cus
tamers within the corporate limits of said city:
1. Residential, 2. Commercial, and 3. Industrial.
The said tax shall be payable on or before the thirty -first (31st)
day of March, 1975, as computed upon the previous calendar year
of 1974, and annually thereafter -on or before the thirty -first
(31st) day of March in each year.
SECTION 2'. Said privilege tax shall-be paid in lieu of all
other taxes, licenses, charges, fees or impositions except general
or special ad valorem taxes which might be lawfully imposed by the
City.
SECTION 3. As an incident to the privilege hereby taxed the
Oklahoma Gas and Electric Company shall have the right to occupy
present or future streets, highways., alleys, or other public ways
of the aforesaid municipality for the purpose of carrying on its
':1 a said business.
SECTION 4., Ordinance 31 -1974 and all ordinances, or parts
of ordinances, or resolutions, -or parts of resolutions of the City
of Van Buren, Arkansas, imposing upon electric companies pole
taxes, licenses or other charges are hereby.repealed.
SECTION 5. Should any portion of this ordinance, be uncon-
stitutional or invalid and so declared by a court of competent
jurisdiction, then the remainder of this ordinance shall not be
affected by such partial invalidity.
SECTION 6. That due to the need to raise more revenue and
to have the same in effect in January, 1975, an emergency there-
fore is declared and this Ordinance being necessary for the preser-
vation of the public peace, health and safety shall be in full
force and effect from and after its passage, approval and publi-
cation.
PASSED AND APPROVED THIS day of January, 1975.
ATTESTED:;
City 'Clerk''- Mayor
CI
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