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13122. ORDINANCE N'O' 13,122 AN ORDINANCE AMENDING IN PART SECTIONS 1 AND 2 OF ORDINANCE NO. 11,366 TO PROVIDE FOR LEVYING ADDITIONAL PRIVILEGE TAX TO BE PAID BY ARKANSAS LOUISIANA GAS COMPANY FOR THE YEAR 1976; PRO- VIDING FOR THE PAYMENT THEREOF; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES N M WHEREAS, the Arkansas Louisiana Gas Company (hereinafter sometimes referred to as "Gas Company ") is or will be duly authorized by franchise ordinance to operate a gas distribution u 0 system and appurtenances thereto, used in or incident to the >. �Q rendition of gas service to Little Rock, Arkansas, and the in- r ra habitants thereof residing in said municipality; and c a� WHEREAS, the Gas Company is now or will be occupying the streets and alleys of this City for the purpose of operating, maintaining and extending its gas service to the municipality and the inhabitants and consumers residing in said municipality and supplying the municipality and consumers therein gas service; and WHEREAS, the municipality is entitled to receive such just and reasonable taxes from the Gas Company which the municipality may lawfully impose and the Gas Company is entitled to pay. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. In addition to the annual franchise or privilege tax to be paid to the City of Little Rock by Arkansas Louisiana Gas Company for the privilege of doing business in the City of Little Rock, Arkansas for the year 1976, as provided for by Sec- tion 1, Ordinance No. 11,366 dated March 4, 1963, there is hereby levied and Arkansas Louisiana Gas Company shall pay to the City of Little Rock the sum of Three Hundred Thirteen Thousand ($313,200) Two hundred dollars. SECTION 2. Payments to the City by Arkansas Louisiana Gas Company for the net additional taxes as provided for in Section 1 hereof shall be made monthly by the 15th day of each month covering the preceding calendar month. DUO -�/ -2- SECTION 3. Pursuant to authority of an Order of the Arkansas Public Service Commission relating to and approving a formula for computation of municipal taxes which may be considered a part of the rate structure for the Arkansas Louisiana Gas Company which rate was fixed by said Order at Two ($2.00) dollars per meter per year, the City hereby recognizes and expects that the Arkansas Louisiana Gas Company will cause the net additional taxes levied in Section 1 hereof together with collection costs to be passed on to its customers within the City of Little Rock. Such additional charges may be reflected on monthly statements as "City Taxes." SECTION 4. All Ordinances and parts of Ordinances that con- flict herewith are hereby repealed. Provided, however, Ordinance No. 11,366 of the City of Little Rock is repealed only to the extent that same is in direct conflict herewith and nothing herein shall be construed to alter or change the terms or conditions of the present franchise under which the gas company is operating. SECTION 5. Whereas there is a great need for revenues in the City of Little Rock, Arkansas to carry on necessary public service; and whereas the Arkansas Public Service Commission has approved a standard formula for computation of municipal Occupation (license, franchise, or other special city) Taxes in the amount of $2.00 per meter per year, based on the average number of meters, and whereas under such formula any additional such tax will be passed on by the Gas Company to its customers in said municipality, toge- ther with costs of collection; and whereas such additional taxes are necessary in order to provide additional funds for necessary municipal purposes and it is necessary that this Ordinance shall become effective immediately in order to provide for the prompt com- putation and collection of said taxes; therefore, an emergency is hereby declared to exist and this Ordinance being necessary for the immediate protection of the public peace, health and safety shall take effect immediately upon its passage and approval. PASSED: December 17, 1975 ATTEST: APPROVED: `C ity Clerk 4Mayor