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1246R E S 0 L U TI0N /VB'�2��0' A RESOLUTION AUTHORIZ1113GAND DIRECTING THE 1.1kYOR TO ENTER INTO A CONTRACT TITH THE ARKANSAS POWER & LIGHT COMPANY TO FURNISH THE CITY OF LITTLE ROCK TITH ELECTRIC CURRENT FOR LIGHTING ITS STREETS, ALLEYS, PARKS AND OTHF'R PUBLIC PLACES. WHEREAS, the machinery of,the Electric Light Plant of the City of Little Rock is.in bad physical condition , and cannot supply the City with electric current necessary for lighting the streets, alleys, parks and other public places, and immediate arrangements therefore must be made for such cur- rent, to insure certain and continuous lighting and for the protection of the City and the citizens thereof; and, VoHEREAS, realizing the necessity for immediate action upon the part of the City to provide such current for lighting, a contract has been discussed and tentatively agreed upon be- tween the City of Little Rock,acting through its Mlayor, Utili- ties and Lighting Committees, and the Arkansas Power and Light Company, which contract has been submitted to and considered by this Council: THEREFORE BE IT RESOLVED BY THL CITY COUNCIL OF THE CITY OF LITTLE ROCK: Section 1. That the Mayor is hereby authorized and directed to enter into the said proposed contract �!rith the Ark- ansas Power & Light Company, which is in words and figures as fol- lows, to-wit: This agreement, made and entered into this day of 1931, by and between the Arkansas Pdwer & Light Co., her tnafter termed for convenience the Power Company, and the City of Lit e Rock, Arkansas, hereinafter termed the City, WITNESSFTH: TUEREAS, the Power Company is the owner and operator of a system of distribution lines in the City of Little Rock, Arkansas, for the purpose of supplying electric service to the inhabitants of said City, and WHEREAS, the City owns and operates a plant located at the foot of Broadway, in Little mock, for the purpose of furnishing current for the lighting of its streets and which plant is in urgent need of certain repairs necessary for its continued safe operation, and WHEREAS, the Power Company now has facilities directly available to the power plant of the City, said facilities having been used in emergencies in the past, and ti'JHEREAS, the Posner Company is in position to furnish electric service to the City for all of its street lighting purposes, it is mutia.11y understood and agreed, as follows: I. The Power Company, on its part, agrees to connect its wires to the switchboard located in the City's power plant, which shall be its point of delivery, and supply all necessary electric cur- rent for the lighting of. the streets of the City of Little Rock, this current to be delivered at approximately 2300 volt, 60 cycle, 3 phase, alternating current. II. The Power Company agrees to also furnish the same class of service to the City for its uses at Fair Park, located between u "arkham and Eighth �S treets and immediately �r:est of the present State Hospital for Nervous Diseases, this service to be delivered at the Company's substation and the readings of the meters at both locations to be summed and billed jointly. III. The City, on its part, agrees throughout the life of this agreement to take from and pay the Power Company for all electric current required by it for street lighting purposes City Hall and at Central Fire Station and use at Fair Park at the rate of 1.25¢ per Oils for the first five years with option to renew at 1.10¢ for the second five years, same to be paid for on a monthly basis. IV. All meters required for the measurement of electric power and energy furnished hereunder are to be furnished and installed by and at the expense of the Power C ompany in space provided there- for by the City. Any meter or meters are to be subject to test upon written request of either party to the other for said test. Meters are to be tested only in the presence of authorized agents of both the parties hereto. In the event that any test or tests shall dis- close any meter or meters to be inaccurate to a degree in excess of 2z fast or slo:- then the bill or bills for service rendered are to be adjudged in favor of the injured party for a period extending from the first of the month next preceding request for test up to the time when meter or meters are tested and corrected. V. The Power Company accepts ell responsibility for its lines, 1- ,,fires, and current nd appurtenances used in connection there - with up to points of delivery aforesaid and the City accepts all responsibility for electric wires, motors and appurtenances used in connection therewith from said points of delivery to the point of utilization by the City, and each party hereto agrees to save the other free of any loss or damage accruing directly or indirectly to the other through acts of third parties occurring on their respective portions, save where such loss or damage is directly due to the neg- ligence of said other party hereto. -2- VI. It is mutually understood and agreed that the current furnished to the City at the Fair Park shall be used by the City for lighting the thoroughfares and other exterior places where necessary for public safety, including such buildings di- rectly used by the City. The City may, if it so desires, resell electric energy to such concessions located within the Park as it may desire, and it is therefore mutually understood and agreed that in the event of re -sale to any such concessions that the rate charged by the City to such concessions shall not be less than 32¢ per KiH (which is the regular rate now paid by the City) nor shall it be more than the concessions would be charged under the Company' s-2 standard tariff in effect for like usage elsewhere in the City. It is further understood and agreed that the City shall not have the right to transmit any of the electric current furnished it by the Company to any concessions or other consumer lying wholly or partially outside of the limits of said Park. VII. This agreement and the several terms hereof shall be in full force and effect from and after signatures of accep- tance of both parties hereto, binding both parties, their successors and assigns, for a period of five years from the date first service is ren Bred hereunder, with option to renew for five years. Ili WITNESS ViHEREOF, the signatures of the parties hereto in the day and year first above written. ATTEST* ARKANSAS P VIER & LIGHT COMPM By CITY QCF LITTLE FLOCK K.A' AS, r y �a or. Section 2. Thet said proposed contract shall be in force and take effect as City of Little Rock and the its successors and assigns, MLyor in behalf of the City Power and Light Company. Dated this AP ATTEST: MWVjW a binding contract between the Arkansas Po:,rer and Light Company, upon the execution thereof by the of Little Rock, and said Arkansas ay of 1931.