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ORD NO 31-1974 CITY OF VAN BUREN, ARKANSAS ORDINANCE- 3 -1974 AN ORDINANCE PROVIDING AN ANNIIAL, N I:V1:1R:(':E FAX UPON THE OKLAHOMA GAS AND ELECTRIC COMPANY 'MIR 'MI CARRYING ON 0 BUSINESS IN THE C:7.'I'Y 01? VAN BOREN, AitKAN1;AS, (UNDER ITS FRANCHISE, DECLARING AN EMERGENCY ANO EOIt 0I'IIER 1'IIIiI'I WHEREAS, the City de:3:Lren to eDuct nod impose upon. the Oklahoma Gan and Electric Company a tax which shall, he in lieu of all other :iiccusen, 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 Puhai.e Service Commission under Act 324 of 1935 of Arkansas. BE IT ORDAINED BY THE CITY CO[UNCIL OF T1iE CITY OF VAN BUREN, ARKANSAS, TIIAT: I 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 a privilege tax in the sum of FIFTY THOUSAND AND NO /100 DOLLARS ($50,000.00) per annum, based upon the following classes of service: 1. Residential, 2. Commercial, and 3. Industrial The said tax shall be payable on or before the thirtieth (30th) day of January, 1975, for the calendar year, and annually thereafter. 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 futrue streets, 'highways, alleys, or other public ways of the aforesaid municipality for the purpose of carrying on its said business, subject to Ordinance 21 -1973. SECTION 4. All ordinances, or parts of ordinances, or resolutions, or parts of resolutions of the City of Van Buren, Arkansas, imposing upon electric company's pole taxes,, licenses or other charges are hereby repealed. SECTION 5.• Should any portion of this ordinance be Unconstitutional or invalid and so declared by a court of competent jurisdiction, then the remainder of i validit such partial n e'shsll' not be affected by c p Y this ordinanc Y a f:\ SECTION 6. That due to the need to raise more revenue and to have the same in effect January 1, 1975, an emergency therefore is declared and the Ordinance being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage, approval. and publication. PASSED AND APPROVED THIS llth day of November, 7 ATTESTED: City Clerk Mayor a hlt