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7324ORDINANCE NO. U24 AN ORDINANNCE AUTHORIZING A POLE RENTAL AGR1JEiAENT BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AND ARKANSAS POWER & LIGHT CO:APANY WHEREBY EACH _,v!AY USE THE POLES OF THE OTHER; APPRO- PRIATING $4,110.00 FOR PAYMENT OF POLE RENTAL DUE ARKANSAS POWER & LIGHT COLIPANY FOR THE YEAR 1945 AND $4,126.25 FOR POLE RENTAL DUE ARKANSAS POWER & LIGHT COif1PANY FOR THE YEAR 1946; AND FOR OTHER PURPOSES. WHEREAS, for a number of years the City of Little Rock has used some of the poles of Arkansas Power & Light Company for its street lighting system, and Arkansas Pourer & Light Company has lil�ewise used some of the poles of the City for its electric distribution system in the City of LittleRock, and WHEREAS, the joint use of the City of Little Rock and Ark<�nsas Power & Light Company should be reduced to a com- plete written agreement, and 10,1HEREAS, the City is indebted to Arkansas Power & Light Company for pole rental for the year 1945 in the amount of $4,110.00, and for the year 1946 in the amount of $4,126.25, and such amounts should be paid; NOWO THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LITTLE ROCK: Section 1. That the Mayor and City Clerk are hereby authorized, empowered and directed to make and enter into a contract with Arkansas Power & Light Company containing sub- stantially the following terms: THIS AGREENE;NT, made and entered into this day 1947, by and between the City of Little Rock, of tate of Arkansas, hereinafter a municipal corporation of the S power & Light Com- referred to as the "City ", and the Arkansas tate of Arkansas, hereinafter pang, a corporation of the S referred to as " Company"; WITNESSETH: WHEREAS, this Agreement reaffirns the Agreement between the Company and the City made and entered into in the year of 19 39 , and V- JHEREAS, the City operates a municipal street lighting system in the City of Little Rock, and may from time to time in the future, as it has in the past, desire space for its electric wires, cables, and fixtures on poles owned by the Company for the operation of its street lighting system, and tes an electric distribution system the Company owns and opera and ma7 desire space for its wires, in the City of Little Rock cables and fixtures on poles of the City, and VJHEREAS, the Company is willing to lease to the City space on certain of its poles under the terms and conditions as hereinafter set forth, and likewise, the City is willing to rent space to the Company; NOVI THEREFORE, in consideration of the premises and the mutual covenants herein contained, it is agreed between the parties hereto as follows: Article 1 - SCOPE This Agreement shall be effective and shall cover all poles of the Company or the City now existing or hereafter erected within the City of Little Pock, Arkansas, when said poles are brought hereunder in accordance with the procedure hereinafter provided. The Company and /or the City reserves the right to exclude from the provisions of this Agreement: (a.) Poles which in their respective judgments are necessary for their respective sole use; and (b) Poles which carry or are intended by either to carry circuits or voltage of such character that in the judgment of the respective owners, the proper rendering of its service now or in the future makes joint use of said poles un- desirable. Article 2 - ARRANGING FOR SPACE Whenever the City desires space for its attachments on any pole or poles owned by the Company for its street lighting system, but for no other purpose, it shall make written appli- cation therefor, specifying in said application the location of the poles in question, the number, character, and voltage limits of the circuits, wires, and fixtures it desires to place thereon. Within ten days after receipt of said appli- cation, the Company shall notify the City whether or not said pole is among those excluded. If not among those excluded and space is available, the Company shall grant written authority to the City designating therein the space to be used. The City shall then have the right as Licensee hereunder to use said space for attachments and circuits of the character specified in said application in accordance with the terms of this Agreement. The City shall place, maintain, transfer, and rearrange its own attachments, including any tree trimming or cutting: incidental thereto, and shall at all times perform such work promptly and in such a manner as not to interfere with the service of the Company. 'Whenever the Company desires space for its attachments on any pole or poles owned by the City, it shall make written application therefor, specifying in said application the loca- tion of the poles in question, the number, character, and vol- tage limits of the circuits, wires, and fixtures it desires to place thereon. 'r`aithin ten days after receipt of said applica- tion, the City shall notify the Company whether or not said pole is among those excluded. If not among; those excluded and space is available, the City shall grant written authority to the Company designating therein the space to be used. The Company shah_ then have the right as Licensee hereunder to use said space for attachments and circuits of the character speci- i fled in said application in accordance with the terms of this Agreement. The Company shall_ place, maintain, transfer, and re- arrange its own attachments, including any tree trimming or cutting incidental thereto, and shall at all times perform such work promptly and in such a manner as not to interfere with the service of the City. Article 3 - SPECIFICATIONS All attachments shall be placed and thereafter main- tained in accordance with the National Safety Code as approved by order of the Arkansas Public Service Commission. Any existing attachments of the City on poles of the Company, or of the Company on poles of the City, which do not conform to the specifications above referred to, shall be brought into conformity therewith within three years from this Agreement. Article 4 - REARRANGE1,2NTS The City shall at any time, at its own expense, upon receipt of written notice from the Company, promptly remove, change, transfer, alter, improve or renew its attachments as the Company may direct. The Company shall at any time, at its own expense, upon receipt of written notice from the City, promptly remove, change, transfer, alter, improve or renew its attachments as the City may direct. 0 Article 5 - ABANDONMENT If the Company desires at any time to abandon any jointly used pole which it is the owner of, it shall give the City notice in writing; to that effect, at least sixty days prior to the date on which it intends to abandon the pole. If at the expiration of said period, the Company shall have no attachments on such pole but the City shall not have removed all of its attachments therefrom, such pole shall thereupon become the property of the City, and the City shall save harm- less the Company from all oblil-ations, liability, damages, cost, expense, or charges incurred thereafter, and not arising out of anything, theretofore occurring, because of, or arising out of the presence or condition of such pole or of any attach- ments thereon; and shall pay the Company a sum equal to the then value in place of such abandoned pole or poles or such other equitable sum as may be agreed upon between the parties. The City may at any time abandon the space leased on any pole by giving due notice thereof in writing to the Company and by removing therefrom any and all attachments it may have thereon. The City shall in such case pay to the Company the full rental for space on said pole for the then current calendar year. If the City desires at any time to abandon any jointly used pole which it is the owner of, it shall give the Company 5 notice in writing to that effect, at least sixty days prior to the date on which it intends to abandon such pole. If at the expiration of said period, City shall have no attachments on such pole but the Company shall not have removed all of its attachments therefrom, such pole shall thereupon become the property of the Company, and the Company shall save harmless the City from all obligations, liability, damages, cost, expense, or charges incurred thereafter, and not arising out of anything, theretofore occurring, because of, or arising out of the presence oi� condition of such pole or of any attachments thereon; and shall pay the City a sum equal to the then value in place of such abandoned pole or poles or such other equitable sum as may be agreed upon between the parties. The Company may at any time abandon the space leased on any pole by giving due notice thereof in writing to the City and by removing therefrom any and all attachments it may have thereon. The Company shall in such case pay to the City the full rental for space on said pole for the then current calendar year. Article 6 - RENTALS City shall pay to the Company as rental for the use of each and every Company pole any portion of which is occupied, or specifically reserved at the Citvfs request for the attachments of the City, One Dollar and Twenty -five Cents 01.25) per pole per annum, and Company shall pay to the City as rental for the Aj use of each and every City pole any portion of which is occupied, or specifically reserved at the Company's request for the attach- ments of the Company, One Dollar and Twenty -five Cents ($1.25) per pole per annum. Rental payments hereunder shall. cover rentals accruing during the calendar year and shall be based on the number of poles on which space is occupied or reserved by either the City or the Company on the 31st day of December of the year in which the rentals accrue. V;ithin thirty days following such date, the Company shall submit a written statement to the City giving the number of poles on which space was occupied by or reserved for the City as of such date, and also the number of poles on which space was occupied by or reserved for the Company on poles of the City. Payment for the difference, if any, between what the City owes the Company and the Company owes the City, shall be made within thirty days after the receipt of such statement. Article 7 - INDEIJYIFICATIOIT In consideration of the grants and the privileges herein specified, the City agrees to indemnify the Company and save it harmless from all claims, demands, damages, losses, actions, costs, and charges to which the Company may be subjected, or which it may have to pay, by reason of any injury to person or damage to property, or loss of life or property, suffered by any 7 person, firm or corporation by reason of the use, maintenance, presence or removal of City's attachments hereunder on the Companyts poles; provided such claims, demands, damages, losses, actions, costs or charges arise and /or result solely by or from acts of the City, its servants or employees, or the Company's liability arises or results solely from the Company's permitting the City to make the attachment, or the failure of the Company to inspect the electric lines and appliances of the City, or the failure of the Company to require the City to correct, remove or repair its electric facilities. in consideration of the grants and the privileges herein specified, the Company agrees to indemnify the City and save it harmless from all claims, demands, damages, losses, actions, costs, and charges to which the City may be subjected, or which it may have to pay, by reason of any injury to person or damage to property, or loss of life or property, suffered by any person, firm or corporation by reason of the use, maintenance, presence or removal of Company's attachments hereunder on the City's poles; provided such claims, demands, damages, losses, actions, costs or charges arise and /or result solely by or from acts of the Company, its servants or employees, or the Cityls liability arises or results solely from the Cityts permitting the Company to make the attachment, or the failure of the City to inspect the electric lines and appliances of the Company, or the failure of the City 19 to require the Company to correct, remove or repair its electric facilities. Article 8 - ASSIGIMITT OF RIGHTS The City shall not assign, transfer or sublet any of the privileges herein granted without the written consent of the Company. The Company shall not assign, transfer or sublet any of the privileges herein granted without the written consent of the City. Article 9 - TERM OF AGREEI47ENT. This Agreement shall remain in full force and effect for a period of five (5) years from and after the day of , 1947, and shall continue thereafter until cancelled by either party giving the other party six (6) months notice in writing of its intention to terminate same. When the City gives or receives notice that the Agreement is to be cancelled, it shall, before the expiration of the one -year period, remove all of its attachments from poles of the Company, and likewise, within the same period, Company shall, before the expiration of the one -year period, remove all of its attachments from the poles of the City. IN WITNESS VIMER30F, the parties hereto have caused these presents to be executed in duplicate this day of ,19470 CI ^1Y OF LITTLE ROCK 110114 ARKANSAS POWER & LIGHT COMPANY BY President Section 2. That the sum of $4,110000 is hereby appropriated for the payment of the Cityts 1945 pole rental account due Arkansas Power & Light Company, and there is also appropriated for the payment of the Cityts 1946 pole rental account due Arkansas Power & Light Company the sum of $4,126.25. Section 3. The lack of an adequate street lighting distribution system in the City of Little Rock endangers the peace, lives and safety of the inhabitants of this City and the making of this contract for the use of poles of the Arkansas Power & Light Company for the street lighting system owned by the City will partially relieve the emergency now existing; Therefore, this ordinance shall take effect and be in force from and after its passage. Passed: June 24, 1947 APPROVED: ATTEST: ClyClerk Mayor