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2748 RESOLUTION NO . 2,748 A RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LITTLE ROCK AND ARKANSAS POWER & LIGHT COMPANY FOR ELECTRIC SERVICES IN THE ARKANSAS ARTS CENTER AND MUSEUM OF NATURAL HISTORY AT MACARTHUR PARK; AND FOR OTHER PURPOSES . WHEREAS, the City of Little Rock desires to enter into an Agreement with the Arkansas Power & Light Company for electric service in The Arkansas Arts Center and Museum of Natural History at MacArthur Park; and WHEREAS, the Arkansas Power & Light Company has agreed to furnish such electric service on the basis set forth in a cer- tain agreement, hereinafter set forth; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. The Mayor and City Clerk are hereby authorized and directed to enter into, on behalf of the City of Little Rock, an Agreement with Arkansas Power & Light Company for electric ser- vice in The Arkansas Arts Center and Museum of Natural History at MacArthur Park in the City of Little Rock, to be furnished by said Power Company for the consideration and under the terms set forth in said Agreement, which Agreement is in words and form as follows: • toRYasa' CONFORMED ARKANSAS POWER & LIGHT COMPANY Agreement For Electric Service This Agreement, made this 12th day of September, 196 -- , between Arkansas Art Center - McArthur Museum hereinafter called the "Customer," and Arkansas Power & Light Company, a corporation hereinafter called the "Company"; WITNESSETH: 1. Company will make available to Customer on or before _ January 1„ 196 --a--- at the point of delivery specified herein, electric service up to a maximum of 300 kw, at approximately 120/208 volts, three phase and 8 -" nominal frequency of 60 cycles per second for the operation of Customer's Art Center & Museum in McArthur Park located at or near_____ Little Rock, Arkansas. 2. Upon written request by Customer, subject to written approval by Company, Company will supply service in excess of the maximum stipulated above, in which case the minimum bill stipulated below shall be increased proportionately. 3. Company will supply and Customer will take and pay for all electric service required by Customer for the above operation in accordance with Rate Schedule__ 12 and Company's Service Regulations, copies of which are a part hereof, but no monthly bill for electric service will be hmedot'. :11 ..`i. " s 'for less than $ -175.8O- during term of this Agreement or any extension hereof. Said Rate Schedule and Service Regulations are subject to such changes as may be lawfully made. 4. The point of delivery of such electric service shall be the secondary terminals inside the • c-. -• - �- om•.n •.d r ounted transformer and maintenance by Company of the above stated voltage and frequency at this point of delivery shall constitute supplying of service for the purpose of this Agreement. 5. All bills for electric service hereunder will be rendered monthly, are due upon presentation, and are payable within ten days from the date thereof at Company's office at Little Rock, Arkansas. 6. Any suspension of service for non-payment of bills shall be without prejudice to the term of this Agreement or to any other right of action to which Company is entitled. In the event of cancellation of this Agreement by Company for any breach or default on the part of Customer, there shall immediately become due and payable, in addition to the amount then due for service hereunder, as liquidated damages and not by way of penalty, a further sum equal to the minimum amounts guaranteed for the unexpired term hereof. 7. Company will use reasonable diligence to supply steady and continuous electric service but does not guarantee the electric service against irregularities or interruptions. Company shall not be liable to Customer for any damages occasioned by irregu- larities or interruptions. 8. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto but no assignment shall be binding upon Company until accepted in writing by the latter. 9. The term of this Agreement shall be from January.--_1, 196 --- --, to J -u 196 , or from date service is first made available hereunder, whichever is earlier, and shall be automatically extended for successive periods of one year each until terminated by written notice given by one party to the other not more than 6 months nor less than 3 months prior to the expiration of the original term or any anniversary thereof. 10. The Company's obligation to render service under this Agreement is contingent upon its ability to procure necessary materials and labor for construction. 11. Other Provisions: 12. This constitutes the entire and only agreement between the parties hereto with reference to the subject matter hereof and supersedes all previous understandings whether written or oral. This Agreement is contingent upon approval by Company's President or Vice President. ARKANSAS ART CENTER - McARTHUR MUSEUM ARKANSAS POWER&LIGHT COMPANY Customer By — By - Ar TEST: Approved Customer's Secretary Vice President SERVICE REGULATIONS I—Definitions III—Supplying and Taking of Electric Servio The following expressions when used in these Service Regale- 9. Continuity of Electric Service: Company will use reason- tions, in Rate Schedules, and in Service Agreements, shall, unless able diligence to supply steady and continuous electric service but otherwise indicated,have the meanings given below: does not guarantee the electric service against irregularities or interruptions. Company shall not be liable to Customer for any 1. Customer's Installation: In general, all wiring, appliances, damages occasioned by irregularities or interruptions. and apparatus of any kind or nature on Customer's side of the point of delivery (except Company's meter installation) useful 10. Suspension of Electric Service for Repairs Changes: in connection with Customer's ability to take electric service. When necessary to make repairs to or changes in Company's plant, transmission or distribution system, or othe property, 2. Service Drop: The wires owned by Company connecting Company may, without incurring any liability, susp d electric Company's distribution mains to Customer's service terminals. service for such periods as may be reasonably neces ary. Com- pany will notify Customer in advance of such suspe ion when- 3. Month: An interval of approximately 30 days between ever possible. successive meter reading dates, except when the calendar month is specified. There shall be no reduction of demand, minimum or similar 4. Notice: A written notification delivered personally or charges for months in which such suspensions do not exceed an mailed by one party to the other at such other party's last known aggregate of twenty-four hours. There shall be a p o rata re- address,—the period of notice being computed from the date of duction in such charges for months in which such sus ensions do such personal delivery or mailing. exceed that amount, which reductions shall be liquidated dam- ages to Customers for all defaults of Company in electric service 5. Meter: The meter or meters, together with auxiliary de- rendition. vices, if any, constituting the complete installation needed to 11. Use of Electric Service: Customer shall use service only measure the power and energy supplied to any individual Cus- for the tomer at a single point of delivery. purpose specified in the Agreement for Service and in accordance with the provisions of the Rate Schedule designated 6. Customer Extension: Any branch from, or continuation therein. of, an existing line.to the point of delivery to Customer, including In no case shall Customer extend or connect his installation increases in capacity of any of Company's existing facilities, or to lines across or under a street, alley, lane, court, avenue or the changing of any lines to meet the Customer's requirements, other public or private space in order to obtain electric service and including all transformers, service drops, and meters. for adjacent property through one meter even though such ad- II—Agreements for Service jacent property be owned by Customer. 7. Customer's Right to Cancel Agreement for Service or 12. Lighting on Power Rates: Lighting service will be supplied Suspend Service: If Company has made no unusual investment under a power rate schedule only if it is specifically provided for to provide service under the Agreement for Service, Customer, in the schedule. When lighting is supplied in accordance with after giving 10 days' written notice and receiving Company's provisions of the power rate schedule, the Customer will provide written approval, may suspend operation provided no electric and maintain all transformation equipment including necessary service is required during the period of suspension. In the event auxiliary apparatus. Service supplied to motor generators, any of such suspension of operation, the expiration date of Agreement portion of the output of which is used for lighting purposes, shall for Service shall be extended for a period of time equal to the be considered as lighting service. period of suspension. Under like circums`'nces Customer may give Company 30 days' written notice of desire to cancel the 13. Customer's Responsibility: Customer assumes all respon- Agreement, if due to permanent and total abandonment of opera- sibility on Customer's side of the point of delivery for the electric tion, electric service is no longer required on the premises. If service supplied or taken, as well as for the electrical installa- Company is satisfied that Customer no longer requires any tion, appliances and apparatus used in connection therewith, and electric service, the Agreement will be cancelled by Company shall save Company harmless from and against all claims for giving Customer written acceptance of such notice of permanent injury or damage to persons or property occasioned by or in any and total abandonment. way resulting from such electric service or the use thereof on Customer's side of the point of delivery. 8. Company's Right to Cancel Agreement for Service or to Suspend Service: For any default or breach of Agreement for 14. Right-of-Way: Without reimbursement Customer shall Service by Customer, Company may terminate the Agreement for make or procure conveyance to Company of right-of-way (to Service or suspend supply of electric service. No notice of ter- include licenses or franchises, if essential) satisfactory to Com- mination or suspension need be given in cases of unauthorized pany for Customer's extension, and shall maintain Company in use or disposition of electric service by Customer, or in case of the use and occupancy of same. dangerous leakage or other dangerous condition on Customer's 15. Access to Premises: The duly authorized agents of Corn- side of the point of delivery or in case of utilization by Customer of electric service in such manner as to cause danger to persons pany shall have access at all reasonable hours to the premises of or property or to jeopardize electric service to Customer or to Customer for the purpose of inspecting wiring and apparatus, re- others. For any other default or breach of Agreement for Ser- moving or replacing Company property, reading of meter, and all vice by Customer including non-payment of bills no termination other purposes incidental to the supplying of service. or suspension will be made by Company without giving at least IV—Customer's Installation five (5) days written notice to Customer, stating in what parti- cular the Agreement for Service has been violated. Failure of 16. Nature and Use of Installations: Customer will select and Company to act at any time after such default or breach shall operate his equipment in such manner that it will not adversely not affect any of the Company's rights hereunder or constitute affect Company's electric service either to the Customer or to a waiver of any remedy or defense afforded by law. others. When Company supplies three phase service, the Cus- FORM 755 ARKANSAS PUBLIC SERVICE COMMISSION RATE SCHEDULE ELECTRIC SERVICE ARKANSAS POWER & LIGHT COMPANY CLASS OF SERVICE_GENERAL SERVICE RATE SCHEDULE NUMBER 12 NAME OF COMPANY SCHEDULE No._12—PAGE-1_OF-1_EFFECTIVE_5-1 6-57 DATE RECEIVED 5-13-57 THIS SCHEDULE SUPERSEDES DATE APPROVED 5-16-57 AUTHORITY No. DOCKET U-1135 SCHEDULE NO. 12 EFFECTIVF 12-14-56 ISSUING OFFICIAL T. J. BLEWSTER THIS SCHEDULE SUPERSEDED BY TITLE DIRECTOR OF RATES & RESEARCH SCHEDULE NO. EFFECTIVF AVAILABILITY At any point on existing facilities having adequate capacity and suitable voltage for delivery of service from the Company's interconnected transmission system. APPLICATION To all electric service required by Customer on the premises, when supplied at one point of delivery and measured through one kilowatt hour meter. Applicable to standby and supplementary service only in conjunction with the applicable Rider for such service. Not applicable to temporary, breakdown, resale or shared service. TYPE dF SERVICE Single or three phase, 60 cycles and at one standard delivery voltage required by Customer, as described in Company's Standards For Electrical Installations and available at Customer's service location. NET MONTHLY RATE $6.50 for the first 2 Kw or less of Load $3.10 per Kw for the next 8 Kw of Load $1.80 per Kw for the next 40 Kw of Load $1.45 per Kw for all additional Kw of Load 2.8c per Kwh for the first 800 Kwh 1.9c ner Kwh for the next 3,200 Kwh 1.1c per Kwh for the next 11,000 Kwh 0.9c per Kwh for all additional Kwh Minimum: The Load Charge for the current month, but not less than $1.45 per Kw of the highest Load established during the 12 months ending with the current month. Adjustments: 1. There will be a charge of fifteen cents per one hundred volt amperes of manufacturer's rating for each unit or separately controlled group of units of neon, fluorescent, mercury vapor lamps or tubes, or other types of gaseous tube lamps or other devices having low power factor, if the overall power factor (including auxiliaries) of any such unit or group of units is less than approximately 90% lagging. 2. The above rate shall be subject to an increase or decrease in proportion to the amount of new taxes or increased taxes which the Company may hereafter have to pay, which are levied or imposed or increased or decreased by laws which are not in effect on June 1, 1941, provided, however, that this Adjustment shall only be applied when authorized by order of the Arkansas Public Service Commission. 3. The charge per kilowatt hour used by Customer will be increased or decreased at the rate of fifteen hundred- ths (.15) of one mill per kilowatt hour for each one cent by which the weighted average cost of fuel as deli- vered at and burned in the Company's fuel burning generating stations for the supply of service hereunder exceeds eighteen cents (18.0c) or is less than seventeen cents (17.0c) for that quantity of fuel containing 1,000,000 Btu. The adjustment to be billed in any current month will be based on the delivered cost of the fuel burned for energy production during the second preceding month. This fuel adjustment shall become applicable when the initial charge per kilowatt hour becomes fifteen hundredths (.15) of one mill or more, but such adjustment will not be billed if it amounts to less than 10c for the month. LOAD The Kw, as shown by or computed from the readings of Company's load measurement device, for the 15 minute period of Customer's greatest use during the month, but not less than 2 Kw. Load measurement may be made by Kva or thermal type ampere meter, in which case one kilovolt ampere (Kva) will be considered equivalent to one kilowatt (Kw) for billing purposes; provided, however, that if load measure- ment is made by both Kw and Kva meters and the power factor at point of measurement is found to be less than 85%, one Kva as registered will be considered as 0.85 Kw, but not less than the actual Kw. In either case Adjust- ment (1) will not be applied. PAYMENT Bills are rendered monthly and are due and payable within ten days from the date of the bill. If any monthly bill is not so paid, the Company shall have the right to suspend service. The Company shall collect from the Customer the Arkansas Gross Receipts Tax under the provisions of Act 386 of the 1941 Legislature, as amended by Act 19 of the 1957 Legislature, or any other amendments thereto. CONTRACT PERIOD Not less than one year. SERVICE REGULATIONS Service under this schedule is subject to the Service R-gulations of the Company as they are now on file, and as they may in the future be filed, with the Arkansas Public Service Commission, State of Arkansas. . . • tomer will control his use of the electric service so that the load 22. Evidence of Consumption: The registration of Company's at the point of delivery will be maintained in reasonable elec- meter shall be accepted and received at all times and places as trical balance between the phases. prima facie evidence of the amount of service taken by Customer. Customer will so select and operate his equipment as to 23. Tests: Company will test its meters and maintain their maintain a power factor of not less than 85% at the point of accuracy of registration in accordance with good practice and as lighting equip- required by law. On request of Customer, Company will make metering, except that neon, fluorescent, or other li g g special tests. If such special test shows the average registration went with similar power factor characteristics connected or re- of a meter to be in error by more than 3%, Company will bear connected after April 1st, 1940 shall be provided with the neces- the cost of the test. If the amount of this error is less than 3%, sary corrective equipment to maintain the power factor of such Customer shall bear the cost of the test, and minimum charge therefor will be 200. equipment at not less than 90% lagging. � ' Company may inspect Customer's equipment at any time and VII—Billing may at its option install meters or other instruments to measure 24. BWing Periods: Bills ordinarily will be rendered regu- the kilovolt-ampere demand or power factor or for other tests. larly at monthly intervals but may be rendered more frequently If a condition of low power factor is found and such condition at Company's option. Non-receipt of bills by Customer shall not is not promptly remedied by Customer, the kw demand as meas- release or diminish the obligation of Customer with respect to ured may be adjusted to correspond to the Customer's maximum payment thereof. kilovolt-ampere demand. 25. Separate Billing for Each Point of Delivery: Service at All installations shall be governed by and be in accordance separate locations or addresses will not be combined for billing. At with local or municipal ordinances or other controlling regulations. separately each point of delivery,customer r sery shall be metered any reason separately for each customer served. Whenever for any reason 17. Changes in Installation: Since Company's electric service Company furnishes service to a single customer at two or more lines, transformers, meters, and other facilities used in supplying points of metering, each point of metering shall be considered a separate point of delivery and shall be covered by a separate electric service to Customer have a definite limited capacity, be- Agreement for Service. fore making any material changes or increases in Customer's installation, Customer should give notice thereof to Company 26. Adjustment For Inaccurate Meter Registration: In the and obtain Company's consent thereto. Company, as promptly event that any routine or special test of a Company meter dis- cs possible after receipt of such notice, will give its written ap- closes an average accuracy of registration in error by more than proval to the proposed change or increase or will advise Customer three per cent (3%) (or 1'h% fast in case of meter found to have been in service without a record test for a period longer than upon what conditions electric service can be supplied for such that prescribed by the Commission for each kind of meter) as change or increase. determined by the method prescribed in Paragraph 23 hereof, a correction to the customer shall be made as follows: 18. Inspection by Company: Company shall have the right (a) If the date the meter first became incorrect can be but does not assume the duty, to inspect Customer's installation, definitely ascertained, the correction shall be for the amount and to refuse to commence or to continue electric service when- charged since that date over or below what the billing would ever it does not consider such installation to be in good operating have been had the meter registered with one hundred per cent condition; but Company does not in any event assume any re- (100%) accuracy. sponsibility whatever in connection with such matters. (b) In all other cases, the correction shall be calculated as follows: The customer's metered consumption for a period of V—Company's Installation two (2) months in cases of back billing, or six (6) months in cases of refunds, next preceding the date of the test or the date 19. Installation and Maintenance: Except as otherwise pro- the meter was removed for the purpose of test, shall be reduced vided in these Service Regulations, in Agreements for Service, or increased by the application of the percentage of error re- or Rate Schedules, Company will install and maintain its lines fated to one hundred per cent (100%) accuracy as determined by the test. The rates effective during said period shall be ap- and equipment on its side of point of delivery. Company shall plied to this adjusted consumption and the difference between not be required to install, inspect, or maintain any lines or equip- the amount so obtained and the actual billing shall be refund- ment except meters on Customer's side of the point of delivery. ed or charged to the customer; provided, however, that no re- fund shall be allowed in any case if the seal on the customer's Only Company's employees are authorized to connect Company's meter is found to be broken or if there is any other evidence service drop to Customer's service terminals. that the meter has been tampered with. 20. Protection by Customer: Customer shall protect Corn- 27. Unauthorized Use of Electric Service: If electric service pang's wiring and apparatus on Customer's premises and shall has been suspended, or the Agreement for Electric Service ter- permit no one but Company employees or persons authorized by minated, because of unauthorized use or disposition of such electric service by Customer, Company shall be entitled to collect law to inspect or handle same. In the event of any loss or dam- from Customer at the appropriate rate for any electric service age to the Company's property arising out of carelessness, neg- not properly recorded on the meter (the amount of which may lect, or misuse by Customer or other unauthorized persons, the be estimated by Company from the best available data), and also cost of making good such loss or repairing such damage shall be for all expenses incurred by Company on account of such un- paid by Customer. authorized act or acts. All 28. Selection of Rate Schedule: When a prospective Customer ll wiring and apparatus supplied by Company shall remain makes application for electric service, the Company will upon its property, and if in Customer's possession, shall on termination request assist in the selection of the rate schedule most favorable of Agreement for Service be returned to Company by Customer in to Customer for the electric service requested. The selection will as good condition as when received by Customer, ordinary wear be based on the prospective Customer's statement as to the class of electric service desired, the amount and manner of use, and any and tear excepted. Company may at any time examine, change other pertinent information, which statement will be recorded or repair its property on the premises of Customer and may re- and filed with the application. Company shall not be liable for move its property upon or at any time after termination of any errors in connection herewith. Agreement for Service. If, for any cause an Agreement for Service is entered into VI—Metering in which is specified a Rate Schedule not applicable to the class of electric service taken, on discovery of the error all bills ren- 21. Installation: Company will furnish and install the nee- dered during the preceding twelve months shall be recalculated essary meter, and Customer shall provide and maintain a location, in accordance with the lowest applicable Rate Schedule; and free of expense and satisfactory to the Company for its installa- any excess paid shall be refunded by Company or any balance duo Lion. shall be paid by Customer,as the case may be. A Customer being billed under one of two or more optional 31. Interest: Interest will be paid by Company at 12 month schedules applicable to his class of electric service may elect to intervals at the rate prescribed by the rules and regulations of be billed on any other applicable schedule by notifying Company the Arkansas Public Service Commission upon all cash deposits in writing, and Company will bill Customer under such elected which have remained with Company undiminished for a period schedule from and after the date of the next meter reading. of not less than 12 months immediately prior thereto. Interest However, a Customer having made such change of schedule may on the deposits of Customers who have discontinued electric not make another such change within the next twelve months. service, when such deposits have remained undiminished for a period of not less than 12 months immediately prior to such dis- VIII—Deposits continuance,will be credited on the final bill. 29. When Required: In order to secure due payment of any IX—Application of and Changes and Additions to Service indebtedness for electric service due Company and for proper Regulations and Rate Schedules—Conflicts. return to Company by Customer of meter and other Company property, Company may at any time require a deposit or guaran- 32. Application of Electric Service Regulations and Rate tee satisfactory to Company. The amount of such deposit re- Schedules: The Agreement for Service is made expressly subject quired shall not be more than two times the estimated maximum to these Service Regulations and any modifications hereof that monthly bill of Customer, and may be held in its entirety by may be lawfully made, and subject to the attached Rate Schedule Company until final settlement of Customer's accounts. Any and any lawfully made changes therein, substitutions therefor, or balance remaining will be held subject to Customer's order with- additions thereto. out interest from the date of termination of electric service. 33. Conflicts: In case of conflict between any provision of the 30. Application of Deposit: Upon Customer's failure to pay Agreement for Service, the Rate Schedule or these Service Regu- any service bill within the period specified in the rate schedule, lotions, the prevailing provision shall be: (1) the provision of the Company may immediately apply Customer's deposit in liquida- Agreement for Service and (2) the provision of the Rate Schedule. ton of such bill and suspend service until such bill is paid and In case of conflict between any provisions of the Company's the deposit restored. If customer should fail to pay the bill Service Regulations and the Rules and Regulations Governing and restore the deposit within ten days after suspension of Utility Service as adopted by the Arkansas Public Service Corn- service, Company may apply any unused portion of the deposit mission, the provisions of the Rules and Regulations Governing to any just demand of Company and shall refund any remainder Utility Service adopted by the Arkansas Public Service Com- of the deposit to Customer. mission shall prevail. SECTION 2. This resolution shall be in full force and effect from and after its adoption. ADOPTED: October 2, 1961 ATTEST APPROVED: j City Clerk May.