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1245.. R E S 0 L U T I 0 N. NO. 1245. A RESOLUTION AUTHORIZING AND DIRECTING THE BOARD OF PUBLIC AFFAIRS TO ENTER INTO A CONTRACT �'`ITH THE ARKANSAS POV!ER & LIGHT COMPANY TO FURNISH THE CITY OF LITTLE ROCK WITH ELECTRIC CURRENT FOR LIGHTING ITS STREETS, ALLEYS, PARKS AND OTHER PUB- LIC PLACES. %HEREAS, the machinery of the Electric Light Plant Y 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, uuHEREAS, 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 Mayor, Board of Public Affairs, Utilities and Lighting Committees, and the Arkansas Pover & Light Company, vihich contract has been submitted to and considered by this Council: THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LITTLE ROCK: That the42ayor and Board of Public Affairs of said City are hereby authorized and directed to enter into the said croposed contract with the Arkansas Power & Light Company, which is in words and figures as follows, to -wit: f This agreement, made and entered into this day of , 1931, by and betvE,,een the Arkansas Power & Light Com- pany, hereinafter termed for convenience the Pourer Company, and the City of Little Rock, Arkansas, hereinafter termed the City, ffiTN,ESSETH: WHEREAS, the Power Company is the owner and operator of a system of distribution line;: in the City of Little Rock, Arkansas, for the purpose of supplying electric service to the inhabitants of said City, and WHEREAS, the City ovens and operates a plant located at the foot of Broadway, in Little Rock, for the purpose of furnish- ing current for the lighting of its streets and , °rhich plant is in urgent need of certain repairs necessary for its continued safe operation, and �IvEEREAS, the Pourer Company now has facilities directly available to the pourer plant of the City, said facilities having been used in emergencies in the past, and GiHEREAS, the Power Company is in position to furnish electric service to the City for all of its street lighting pur- poses, it is mutually understood and agreed, as folloirs: I. The Power Company, on its Dart, agrees to connect its wires to the switchboard located in the City's pourer plant, which shall be its point of delivery, and supply all necessary electric current for thelighting 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 Markham and Eighth Streets and immediately 'Brest of the present State Hospital for ?nervous Diseases, this service to be delivered at the Company's substation and the readings of the CD 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 Pourer Company for a electric current required by it for street lighting purposes In use at Fair Park at the rate of 1.25J per KAM for the first fiv years a 1.10/ for the second five years, same to be paid for on��y�,,,, a. r..ont ly basis IV. All meters required for the rmeasurement of electric pourer and energy furnished hereunder are to be furnished and in- stalled by and at the expense of the Power Company in space provided therefor by the City. Any meter or ^leters 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 disclose any meter or - meters to be inaccurate to a degree in excess of 21% fast or slow then the bill or bills for service rendered are to be adjusted 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 PoT�Ter Company accepts all responsibility for its lines, wires, and current and appurtenances used in connection therewith up to points of delivery aforesaid and the City accepts all responsibility for electric 'hires, motors and appurtenances used in connection th.ereurith 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 in- directly to the other through acts of third parties occurring on their respective portions, save urhere such loss or damage is di- rectly due to the negligence of said other party hereto. 7 _P_ VI. It is mutually understooa and agreed that the current furnished to the City at the Fair Park shall be used by L. 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 3ffLj per KWH (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 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 ears from the date first service is rendered hereunder -�.v - ,�' l IN I'VITNESS WHEREOF, the signatures of the parties hereto in the day and year first above written. ARKAI,SAS PO r'ER c0 Ty,IGHT COMPAITY ATTEST: - v ATTEST: CITY MI and RESOLVED FURTHER: That upon the execution of said contract, in behalf of said City, -by said Mayor and Board of Public Affairs, the same be reported to this Council, and filed with the City Clerk. Dated this day of earth, 1931. ATTEST: Cit, Clerk.