5863 RESOLUTION NO 5 ,863
A RESOLUTION AUTHORIZING A CONTRACT FOR A
GAS MAIN EXTENSION FOR THE NEW ANIMAL
SHELTER; AND FOR OTHER PURPOSES
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS .
SECTION 1. The City Manager, acting for and on behalf of
the City of Little Rock, is hereby authorized to execute a
contract between the Arkansas Louisiana Gas Company and the
City of Little Rock for the extension of Arkla' s gas distri-
bution system into an area East of Chester Street, and South
of West 36th Street, such system being necessary for the con-
struction of a New Animal Shelter in that area. A copy of that
said Contract is attached hereto as Exhibit "A" and made a part
hereof the same as though set out herein word for word.
SECTION 2 . This Resolution shall be in full force and
effect from and after its adoption.
ADOPTED: December 20, 1977
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ATTEST: APPROVED:
City Clerk Mayor
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7-20-76 20% Refunding 10 Years EXHIBIT "A"
Form GD 1672
DISTRIBUTION MAIN EXTENSION
THIS AGREEMENT, dated this day of Ltovenber , 19 77
between ARKANSAS LOUISIANA GAS COMPANY ("Arkla") and the other undersigned party, who
for convenience of reference is hereinafter referred to as "Residential Developer,"
W I T N E S S E T H T H A T:
Residential Developer has requested that Arkla extend its gas distribution system
into the area of property owned by Residential Developer and is willing to bear the cost
of the extension, Little Rock Animal Shelter - E. of Chester St. S. of V. 36th St.
Little Rock, Arkansas
THEREFORE, Arkla agrees to install the gas distribution main extension (herein
called the "contract mains") indicated on the plat attached hereto as Exhibit A, on the
following terms and conditions:
■ Residential Developer agrees to pay to Arkla the sum of $ 9,912.75
(herein called "connection charge") and Arkla agrees to apply this amount toward the cost
of constructing the contract mains. Upon payment of the connection charge, the contract
mains will be installed as soon as reasonably practicable after any necessary materials
and authorizations have been obtained and the streets along which the construction is to
be performed have been brought to grade, but Arkla will not be liable in damages for any
delays in installing the mains.
The contract mains will be owned and operated by Arkla, its successors and assigns,
and Arkla shall have the unqualified right at any and all times to use, extend, repair,
replace, remove or change the contract mains or any other of Arkla's facilities in any
manner whatsoever without regard to the effect on refunds hereunder. It is particularly
understood and agreed that Arkla will not be obligated to commence or continue any
particular service by means of the contract mains or otherwise except as Arkla may in
its sole judgment determine the prudent management and use of its present and future
gas supply and facilities to permit and in accordance with Arkla's applicable rates,
rules, regulations, policies and procedures, including curtailment procedures, as the
same may exist and be changed from time to time.
Subject to the other provisions hereof, refunds up to a cumulative total not to
exceed the amount of the connection charge will be made on the following conditions:
(a) Refund payments will be made annually within 60 days after each anniversary of
the date of this contract in the amount of 20% of the gross revenues, if any,
received by Arkla for gas sold and delivered during the 12-month period ending
with the close of the last billing month preceding said anniversary date to
customers located on lots directly abutting on that portion, of the streets,
alleys or easements along which the contract mains are constructed as shown on
Exhibit A and served directly off the contract mains.
(b) Refund checks may be made payable to Residential Developer and mailed to the
address specified below. Rights to refunds may not be assigned without
Arkla's prior written consent, which will not be unreasonably withheld. The
mailing address for refund payments may be changed by written notice to Arkla
signed by any person entitled to receive refund payments hereunder.
(c) Refunds will only be made for 10 years and any portion of the connection
charge still unrefunded after the payment, if any, due within 60 days after
the tenth anniversary of the date of this agreement shall be retained by Arkla
to defray part of its costs hereunder and no further refunds shall be paid
thereafter.
This agreement is subject to all applicable local, state and federal laws and
orders, rules and regulations of regulatory authorities having jurisdiction.
WITNESS this agreement executed by both parties as of the date first above written.
ARKANSAS LOUISIANA GAS COMPANY City of Little Rock, Arkansas
(Type or print Residential Developer's name)
By By
Authorized Officer, Owner or Managing Partner
Mail refund checks to the following address:
701 W. tiarkhan
Town or R.E. : Little Rock, Ark. Little Rock, Arkansas 72201
District:
Little Rock Work Order Number:
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