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ORD NO 34-1974 ORDINANCE NO. 3 1 -7.974 AN ORDINANCE PROVIDING FOR 'Cur; CooilofA'1'I<nl In 'I'Ill uC4Wi'A'I'fiN (I.Fi i iIl:i) TAX THAT ARKANSAS OKLAHOMA GAM CyIII'IIRA'I VrIN :IIIAI.I. .'AY Tu MC CI'T'Y NV VAN 11NRCN, ARKANSAS, FOR 111E YEAR :1915 YriI'fnnr: yhAie; Pu,Vfulld(: Ain 't PAYNi N'i' THEREOF; DECLARING AN EMF. t:i NI:Y, Ann fuu (MIER Pnln e:i•1. WHEREAS, Arkansas Oklahoma can I :nrl,or ;I Ion (l,r•eeinnfl r.r nouu`I:I nn`11 relnrr to as the "Gas Company") in '6,1 .r nlll 114. J.1`II Ily franch I,11o, llr•.fr'I:nl n l'r' enacted to operate a gas L .Uti:ihntlon I :yntem and nppni tellnnr :e l l:I, r'el:(., need 'In, nr' incident to the rendition of gtdr nervLce I :O Von Ilrrtien, and the 'Lnhnhicnul:n iI.orrnl' residing in said city; and WHEREAS, Arkansas Oklahoma Can Corporation Ln now occupying I.:I nl ree1:n one alloys of Arkansas, Inc the Lnrpose of operating; mal.ntain:11o;:.nd extending its gas service to the City and the i.nhab:i.t nn to and Con fviner'H nodding in said City, and is supplying to the City and consumers therein gas ne rviee; and WHEREAS, the City is entitled to receive such just and reasonable taxes from the Gas Company, which the City may'lawfully impose and the Gas Company is entitled to pay; and WHEREAS, the City'recognizes the powers of the City of Van Buren, and the Public Service Commission under Act 324 of 1935 of Arkansas. NOW THEREFORE, B$ IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS; SECTION 1. The Arkansas Oklahoma Gas Corporation 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 TWENTY NINE THOUSAND -FIVE 'HUNDRED AND NO /100 DOLLARS ($29,500.00) 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.- Nothing herein shall be construed to alter or change the terms or conditions of the present franchise under which the Gas Company is operating, including Ordinance No. 21 -1973, which is currently' before the Arkansna Public Service Commission. SECTION 3. All other ordinances, agreements and parts of ordinances and agreements in. conflict with the provisions of this Ordinance are hereby repealed. I I wl ti SECTION 4. Should any portion of this ordinance be Unconstitutional 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 5. 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, 1974. ATTESTED: Ade AP (Aar Ar City Mayor