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12724ORDINANCE NO. 12,724 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 1973; PRO- VIDING FOR THE PAYMENT THEREOF; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES 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 system and appurtenances thereto, used in or incident to the rendition of gas service to Little Rock, Arkansas, and the inhabitants thereof residing in said municipality; and, 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 law- fully 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 Com- pany for the privilege of doing business in the City of Little Rock, Arkansas for the year 1973, as provided for by Section 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 four thousand, five hundred and nine ($304,509.00) dollars, less that amount which is the product of $2.00 multiplied by the increase in the average number of domestic and commercial meters in service in the corporate limits in the City of Little Rock as of December 31, 1972 over December 31, 1971 as defined, certified to and provided for by Sections 1 and 2 of said Ordinance No. 11,366. -2- 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 preceeding calendar month. SECTION 3. Pursuant to authority of an Order of the Arkansas Public Service Commission relating to and approving a formula for com- putation 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 state- ments as "City Taxes ". SECTION 4. All Ordinances and parts of Ordinances that conflict herewith are hereby repealed. Provided, howevi of the City of Little Rock is repealed only to in direct conflict herewith and nothing herein alter or change the terms or conditions of the which the gas company is operating. SECTION 5. Whereas there is a great need ar, Ordinance No. 11,366 the extent that same is shall be construed to present franchise under 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, together with costs of collection; and whereas, such additional taxes are necessary in order to provide addit- ional funds for necessary municipal purposes and it is necessary that this Ordinance shall become effective immediately in order to provide for the prompt computation and collection of said taxes; therefore, M9C 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 19, 1972 ATTEST: Viat y Clerk ' APPROVED: i 4� Mayor