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