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1422 RESOLUTION NO. 1422 A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO ENTER INTO A CONTRACT WITH THE ARKANSAS POWER AND LIGHT COMPANY TO FURNISH THE CITY V.-'ITH ELECTRIC CURRENT FOR LIGHTING STREETS, ALLEYS, CITY HALL, CENTRAL FIRE STATION, FAIR PARK, CITY HOSPITAL, PUBLIC LIBRARY, AIR PORT AND FINE ARTS BUILDING. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LITTLE ROCK: SECTION 1. That the Mayor is hereby authorized and directed to enter into the following contract 7.ith the Ark- ansas Power & Light Company for lighting the streets and other public places therein set forth: "This agreement entered into this day of March, 1938, by and between the City of Little Rock (herein termed ' City' ) and Arkansas Power and Light Company (herein termed 'Company' ) WITNESSETH: The Company agrees during the term of this con- tract to supply the City with electric current for the light and power purposes hereinafter set forth, to be delivered at the places and for the compensation hereinafter stated: "1. To deliver to the switchboard located in the power plant of the City all electric current needed by the City for the lighting of the streets in the City, and electric light and power for use in the City hall and Central Fire Sta- tion, to be delivered at approximately 2300 volt, 60 cycle, 3 phase, alternating current, for the price of eleven mills per k.w.h. "2. To furnish the City the same class of ser- vice for electric light and rower for the use of the City at Fair Park (exclusive of current sold and service given at the base ball park, which is not covered by this contract but is under a separate contract between the Company and the base ball association) to be delivered at the Company' s substation, for the compensation of eleven mills per k.w.h. "3. To deliver at the places now used all elec- tric lighting current used for the white ways on Main, Louisiana and Fifth Streets for the price of eleven mills per k.w.h. • "4. To furnish the same class of service but at present voltage for electric light and power to the City for use at the Public Library, Air Port and Fine Arts Building, the current to be delivered to the City at the Public Library, Air Port and Fine Arts Building, respectively, for the compensation of 25 mills per k.w.h. "5. To furnish the same class of service but at present voltage for electric light and power to the City at the City Hospital for its use in accordance with the rates and regulations for combined electric light and power service shown in Department of Public Utilities Schedule No. 5, effective February 1, 1938. "6. The City agrees during the time this contract is in force to take from and pay the Company for all electric current required by it for street lighting purposes, City Fall, Central Fire Station, Fair Park, City Hospital, Public Library, Air Port and Fine Arts Building at the respective rates here- inbefore stated, and to pay all bills therefor monthly within ten days after bills rendered. "7. All meters required for the measurement of electric power and energy furnished hereunder are to be fur- nished and installed by and at the expense of the Company in space provided therefor 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 disclose any meter or meters to be inaccurate to a degree in excess of 22% fast or slow then the bill or bills for service rendered are to be ad- judged 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. "8. The 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 ac- cepts all responsibility for electric wires, motors, and appur- tenances used in connection therewith from said points of de- livery 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 negligence of said other party hereto. - 2 - • • • . • r • 1 "9. 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 `there necessary for public safety, including such buildings directly 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 (except the base ball park) , and it is therefore mutually understood and agreed that in the event of resale to any such con- cessions that the rate charged by the City to such concessions shall not be less than 3 V per k.w.h. (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. "10. This agreement shall be binding on both parties hereto, their respective successors and assigns, for a period of five years from the date signed. "Signed and sealed by the respective parties hereto in the day and year first above written. "ARKANSAS POWER AND LIGHT COMPANY "BY "ATTEST: ” Ty o- _-- ROCK, ARKANSAS "MAYOR. "ATTEST: "CITY CLERK. " 2 SECTION 2. That said proposed contract shall be in force and take effect as a binding contract between the City of Little Rock and the Arkansas Power and Light Company, its successors and assigns, on execution thereof by the Mayor on behalf of the City, and by the authorized officer of the Company. Adopted: March 14, 1930 APPROVED: Mayor. ATTEST: —gagligt ' ity Clerk.