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HomeMy WebLinkAbout10848ORDINANCE N0. 10,848 AN ORDINANCE AUTHORIZING THE ARKANSAS POWER & LIGHT COMPANY TO OWN, OPERATE AND MAINTAIN A STREET LIGHTING SYSTEM WITHIN THE CITY OF LITTLE ROCK AND TO USE THE STREETS AND PUBLIC WAYS OF THE CITY FOR THIS PURPOSE; AUTHORIZING A CONTRACT BET N THE CITY OF LITTLE ROCK AND THE ARKANSAS POWER & LIGHT COMPANY FOR SAID COMPANY TO FURNISH STREET LIGHTING SERVICE TO THE CITY OF LITTLE ROCK AND ITS INHABITANTS; AND PROVIDING FOR PAYMENT BY THE CITY TO SAID COMPANY FOR SUCH SERVICE; CREATING AN EMERGENCY; AND FOR OTHER PURPOSES. 1MREAS the CITY OF LITTLE ROCK (hereinafter called "City ") has entered into a contract with the ARKANSAS POWER & LIGHT COMPANY (hereinafter called "Company ") for the sale of its street lighting system to the Arkansas Power & Light Company; and WHEREAS the Company is willing to enter into a con- tract obligating itself to build a modern and efficient street lighting system in the City of Little Rock as pro- vided in the contract to be made between the City and the Company; and WHEREAS it is deemed to the best interest of the City of Little Rock and its inhabitants that such contract be made, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK: Section 1. That the City of Little Rock grant to the Arkansas Power & Light Company the exclusive power and authority for a term of twenty (20) years with renewal rights, the original term beginning with the execution of the contract hereinafter set forth, to own, operate and maintain a street lighting system within the City of Little Rock and does hereby grant to the said Company the right, U o0 -!� A. s ORDINANCE N0. 10,848 AN ORDINANCE AUTHORIZING THE ARKANSAS POWER & LIGHT COMPANY TO OWN, OPERATE AND MAINTAIN A STREET LIGHTING SYSTEM WITHIN THE CITY OF LITTLE ROCK AND TO USE THE STREETS AND PUBLIC WAYS OF THE CITY FOR THIS PURPOSE; AUTHORIZING A CONTRACT BET N THE CITY OF LITTLE ROCK AND THE ARKANSAS POWER & LIGHT COMPANY FOR SAID COMPANY TO FURNISH STREET LIGHTING SERVICE TO THE CITY OF LITTLE ROCK AND ITS INHABITANTS; AND PROVIDING FOR PAYMENT BY THE CITY TO SAID COMPANY FOR SUCH SERVICE; CREATING AN EMERGENCY; AND FOR OTHER PURPOSES. 1MREAS the CITY OF LITTLE ROCK (hereinafter called "City ") has entered into a contract with the ARKANSAS POWER & LIGHT COMPANY (hereinafter called "Company ") for the sale of its street lighting system to the Arkansas Power & Light Company; and WHEREAS the Company is willing to enter into a con- tract obligating itself to build a modern and efficient street lighting system in the City of Little Rock as pro- vided in the contract to be made between the City and the Company; and WHEREAS it is deemed to the best interest of the City of Little Rock and its inhabitants that such contract be made, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK: Section 1. That the City of Little Rock grant to the Arkansas Power & Light Company the exclusive power and authority for a term of twenty (20) years with renewal rights, the original term beginning with the execution of the contract hereinafter set forth, to own, operate and maintain a street lighting system within the City of Little Rock and does hereby grant to the said Company the right, U o0 -!� A. power and authority to place its poles, wires, conductors, transformers, lights, switches, reflectors and any and all mechanical devices and apparatus necessary and required in the operation of a street lighting system on the streets and public ways of the City of Little Rock. Section 2. That the City of Little Rock enter into a contract with the Arkansas Power & Light Company in terms and form set forth herein and that the Mayor and the City Clerk are hereby authorized, directed and empowered to execute for and on behalf of the City of Little Rock a con- tract with the Arkansas Power & Light Company which shall be in terms and form as follows, to -wit: of CONTRACT FOR MUNICIPAL STREET LIGHTING THIS AGREEMENT made and entered into this day , 1958, by and between the CITY OF LITTLE ROCK (hereinafter called "City ") and the ARKANSAS POWER & LIGHT COMPANY, an Arkansas corporation (herein- after called "Company ") , W I T N E S S E T H: WHEREAS the Company is an electric utility engaged in the business of generating, transmitting and distributing electric power and energy in the State of Arkansas and owns and operates the street lighting system in many of the cities and towns in Arkansas where it operates electric distribution systems; and WHEREAS the Company is willing to convert the old and inadequate street lighting system formerly owned by the City of Little Rock into a modern and efficient street - 2 - lighting system which will be extended, as provided herein, and operated and maintained in all of the areas within the corporate limits of the City of Little Rock; and WHEREAS the City is desirous of having the City of Little Rock have a better and more modern street lighting system for the protection of life and property, NOW, THEREFORE, it is agreed and understood by the parties hereto as follows: 1. The City does hereby grant to the Company the exclusive power and authority, except as otherwise pro- vided herein, for a term of twenty (20) years beginning on the execution of this Agreement to construct, equip, own, operate and maintain a street lighting system within the City of Little Rock. Further, during the term of this Agreement, the Company in the construction, equipping, operation and maintenance of its street lighting system shall have the right, power and authority to place its poles, wires, conductors, transformers, lights, switches, reflectors and any and all other mechanical devices and apparatus necessary and required on the streets and public ways. None of the Company's street lighting system or facilities herein described will be located on streets and public ways in such a manner as to impede or impair public travel. During the term of this Agreement, the City will not permit any other person, firm or corporation to operate, and City will not operate, another street light- ing system within the City of Little Rock. 2. At the termination of the twenty year term of - 3 - this street lighting agreement, it shall be automatically extended for successive periods of five (5) years each until terminated by written notice given by one party to the other not more than one (1) year nor less than six (6) months prior to the expiration of the original term or any successive five (5) year period. 3. This contract shall be in full force and effect when executed by the Mayor and City Clerk for and on behalf of the City of Little Rock, and also executed by the duly authorized officers of the Arkansas Power & Light Company. 4. From and after the execution of this Agreement it shall be the duty and obligation of the Company to furnish the City of Little Rock street lighting service as herein provided. 5. Company will construct at Company's expense, and Company will own, operate and maintain an adequate street lighting system according to the general precepts stated herein. (a) Lighting will be in accordance with the standard practices of street lighting as published and approved by the Illuminating Engineering Society in Hand Book, Second Edition, published in 1952. (b) Subject to the City's right to change the schedule of construction as hereinafter set forth, Company will rebuild the street lighting system in fourteen (14) segments, in the following order: FIRST: The area on Broadway between Broadway Bridge and Fourteenth Street - install one hundred (100) 21000 lumen mercury vapor street lights on steel poles to burn all night, averaging eight (8) lights per block. - 4 - SECOND: The area on Main Street between Main Street Bridge and Fourteenth Street - install one hundred four (104) 21000 lumen mercury vapor street lights on steel poles to burn all night, averaging eight (8) lights per block. THIRD: The area on Capitol Avenue between Scott and Gaines Street - install fifty -three (53) 21000 lumen mercury vapor street lights on steel - poles to burn all night, averaging eight (8) lights per block. FOURTH: The area on Broadway between Fourteenth Street and Roosevelt Aoad - install seventy (70) 21000 lumen mercury vapor street lights on wood poles to burn all night, averaging six (6) lights per block. FIFTH: The area on Main Street between Four- teenth Street and Roosevelt Road - install sixty - four (64) 21000 lumen mercury vapor street lights on wood poles to burn all night, averaging six (6) lights per block. SIXTH: The area on Capitol Avenue from Gaines Street to Woodlane and on Woodlane from Fourth Street to Seventh Street - install eighty -three (83) 21000 lumen mercury vapor street lights on steel poles to burn all night, averaging six (6) lights per block. SEVENTH: The area on Louisiana Street between Markham Street and Ninth Street - install nine (9) 21000 lumen mercury vapor street lights on steel poles to burn all night and twenty -four (24) 21000 lumen mercury vapor street lights on steel poles to burn part night, averaging four (4) lights per block. EIGHTH: The area on Markham Street, Second Street, Third Street, Fourth Street, Sixth Street, Seventh Street, Eighth Street and Ninth Street between Scott Street and Broadway - install forty (40) 21000 lumen mercury vapor street lights on steel poles to burn all night and ninety -six (96) 21000 lumen mercury vapor street lights on steel poles to burn part night, averaging three (3) lights per block. NINTH: The areas on Spring, Center and Scott Streets between Markham Street and Ninth Street - install twenty -four (24) 21000 lumen mercury vapor street lights on steel poles to burn all night and seventy -two (72) 21000 lumen mercury vapor street lights on steel poles to burn part night, averaging three (3) lights per block. - 5 - TENTH: The areas described as Markham Street, Second Street and Third Street from Broadway to Victory Street; Fourth Street and Sixth Street from Broadway to Woodlane; Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth and Fourteenth Streets from Broadway to High Street; Wright Avenue from Broadway to Thayer Street; Asher Avenue from Thayer Street to Hayes Street; Roosevelt Road from Confederate Boulevard to Asher Avenue - install one hundred thirty -four (134) 21000 lumen mercury vapor street lights on wood poles to burn all night, four hundred six (406) 21000 lumen mercury vapor street lights on wood poles to burn part night, one hundred fifty -four (154) 500 watt incandescent street lights on wood poles to burn all night, and one thousand ninety -five (1095) 500 watt incandescent street lights on wood poles to burn part night. The number and pattern of street lights will vary depending on street width, existing poles and structures, and on trees or other obstructions. ELEVENTH: The areas described as Cantrell from Markham Street to Shannon Street; Kavanaugh Boule- vard from Markham Street to Hayes Street; Hayes Street from Kavanaugh Boulevard to Asher Avenue; Markham Street from Third Street to Hayes Street; Third Street from Victory Street to Markham Street; Seventh Street from High Street to Johnson Street; Twelfth Street from High Street to Hayes Street; Johnson Street from Markham Street to Twelfth Street; Battery Street from Seventh Street to Wright Avenue; Arch Street from Roosevelt Road south to City Limits; Scott Street from Ninth Street to Fourteenth Street; Sixth and Ninth Street from Scott Street to Bond Street; Markham Street from Scott Street to Rector Street; Barber Street from Ninth Street to Roosevelt Road; Confederate Boule- vard from Roosevelt Road south to City Limits; Fourteenth Street from Scott Street to Commerce Street; Fourteenth Street from Scott Street to Park Street; and Fair Park Boulevard from Roosevelt Road to Twelfth Street - install three hundred thirty (330) 500 watt incandescent street lights on wood poles to burn all night, three hundred thirty (330) 500 watt incandescent street lights on wood poles to burn part night, five hundred seventy -five (575) 300 watt incandescent street lights on wood poles to burn all night, and five hundred eighty (580) 300 watt incandescent street lights on wood poles to burn part night. The number and pattern of street lights will vary depending on street width, existing poles and structures, and on trees or other obstructions. TWELFTH: The West Half of the City of Little Rock with the exceptions of those areas specifically stated above, being principally that area of the City lying West of Johnson and Brown Streets to - 6 - 4 the city limits - install fifteen hundred (1500) 200 watt incandescent street lights on wood poles to burn all night. The number and pattern of street lights will vary depending on street width, existing poles and structures, and on trees or other obstructions. THIRTEENTH: The East Half of the City of Little Rock with the exceptions of those areas specifically stated above, being principally that area of the City lying East from Johnson and Brown Streets to the city limits - install fifteen hundred (1500) 200 watt incandescent street lights on wood poles to burn all night. The number and pattern of street lights will vary depending on street widths, exist- ing poles and structures, and on trees or other obstructions. FOURTEENTH: The area on Main Street and Broadway Bridges from the center of the bridges to the south end of the bridges now being supplied by the City - install twenty -eight (28) 21000 lumen mercury vapor street lights burning all night to be mounted on steel pole extensions to the existing concrete standards. Before construction is started on any segment, hereinabove described, Company will file with the Cityts traffic engi- neer a plat showing the location of each street lighting unit in such segment, and City Traffic Engineer shall give his approval of such locations or make such changes in location as are feasible and in conformity to good engineering practices. After the plat of such segment has received final approval, no further changes shall be made. (c) On streets of over 65-foot widths lights shall be installed on both sides of the street in positions directly opposite as nearias physically possible. On streets of under 65 -foot widths lights shall be mounted on both sides of the street in staggered pattern locations except in cases where streets are less than 30 -foot width where all fixtures may be located on one side of the street. In residential areas street lighting units will be located with regard to existing - 7 - wood pole structures and in general shall be so placed that every street intersection will have a street light and so that maximum distance between lights will not exceed 360 feet and the minimum distance between lights will not be less than 175 feet. (d) Subject to the availability of material, labor, weather, strikes and acts of God and further providing the City removes its fire alarm and traffic signal controls from existing street lighting structures, Company will com- plete the rebuilding of the street lighting system in Little Rock on the following schedule: (1) Segment 1 to be completed approximately five (5) months after date of this Agreement; (2) Segment 2 to be completed approximately three (3) months after completion of Segment 1; (3) Segment 3 to be completed approximately three (3) months after completion of Segment 2; (4) Segment 4 to be completed approximately three (3) months after completion of Segment 3; (5) Segment 5 to be completed approximately three (3) months after completion of Segment 4; (6) Segment 6 to be completed approximately four (4) months after completion of Segment 5; (7) Segment 14 to be completed approximately four (4) months after completion of Segment 6; (8) Segment 7 to be completed approximately four (4) months after completion of Segment 14; (9) Segment 8 to be completed approximately four (4) months after completion of Segment 7; (10) Segment 9 to be completed approximately five (5) months after completion of Segment 8; (11) Segment 10 to be completed approximately four (4) months after completion of Segment 9; (12) Segment 11 to be completed approximately nine (9)- months after completion of Segment 10; T (13) Segment 12 to be completed approximately six (6) months after completion of Segment 11; and (14) Segment 13 to be completed approximately eight (8) months after completion of Segment 12. It is anticipated that all of the foregoing will be completed in a period of sixty -five (65) months. (e) The Company will provide street lighting service to areas of the City which are not described in Paragraph 5(b) and in areas which shall in the future be annexed to the City according to plans and specifications described in Paragraphs 5(a) and 5(c). Further, the Company will increase the street lighting wattage and the number of lights in the street lighting system when requested by the City, except on La Harpe Boulevard and United States High- ways constructed and placed in use after execution of this contract. Company will on request of the City remove a wood pole and substitute a steel pole to support street lighting luminaire provided such steel pole is a feasible substitution for the wood pole and can be used economically and in conformity to good engineering practices in the operation of Company's electric distribution system with which the street lighting system is a conjunctive part. (f) The Company will pay all costs of maintaining the existing system as provided by its Mate Schedule No. 20 and all costs of removing facilities of existing street lighting system when replaced by new facilities and further will pay all cost of maintaining, replacing, extending and renewing the street lighting facilities of Company in City during the term of this Agreement, subject to the following exceptions: r � • i. r (i) Company will furnish only the labor, transportation, and lamp renewals cost for mainte- nance of street lighting facilities on La Harpe Boulevard and United States Highways constructed and placed in use in the City of Little Mock after the execution of this contract, and City will pay the cost of all materials required for the mainte- nance, except lamp renewals, on these public ways. (ii) City will pay all costs including both labor and materials for renewals, replacements, extensions and betterments except lamp renewals to the City lighting facilities owned by the City or any other public agency on La Harpe Boulevard and the United States Highways constructed and placed in use after the execution of this contract. (g) All the property purchased, constructed, installed and operated in the street lighting system during the term shall remain the property of the Company, and on the termination of this Agreement, the Company shall have the right to take down and remove all of such property. b. City reserves the right to alter the construc- tion schedule set forth in Paragraph S(d) as to the order of construction of the various segments, except Segments 10, 11, 12 and 13 must be constructed consecutively, and, further, once construction has begun on any segment con- struction work on that segment will proceed until completion. Further, when City directs Company to advance construction of a segment ahead in the schedule, Company will be given - 10 - a reasonable time within which to obtain materials and supplies for the segment advanced in the construction program. The alteration of the construction schedule shall not reduce the overall construction period of sixty -five (65) months. The City reserves the right, at its option, to extend the construction schedule specified herein to the extent that all segments will be completed by the tenth anniversary of this contract, but City agrees that it will not so change the schedule of construction so that all the segments will not have been completed during the ten -year period. 7. 1ZATES AND CHARGES. (a) Company will supply and City will pay for all electric service required for the lighting operation and maintenance of such part of the existing street lighting system as remains in use prior to remodeling as described in Paragraph 5 in accordance with all the terms and condi- tions of Rate Schedule No. 20 or in accordance with such other applicable rate schedule that may be lawfully made. Kate Schedule No. 20 is as follows: AVAILABILITY At points on existing facilities of adequate capacity and suitable voltage supplied from Company's inter- connected transmission system to any municipality in which Company owns and operates the local distribu- tion system. APPLICATION To all electric service required by Customer for all series or multiple street, alley, whiteway or similar lighting. Company shall not be required to make any investment in additional whiteway or ornamental lighting installations or in underground circuits, but will continue to make investment in - 11 - all overhead unenclosed lamp units. Customer will make investment in enclosed lamp units whether over- head or underground and for ornamental poles. TYPE OF SERVICE Approximately 60 cycles and at standard voltages and /or currents required by customers as described in Company's Service Standards. NET MONTHLY RATE The amounts shown in the following tabulation are the net monthly charges per lamp. "All night" lamps burn from dusk until dawn. "Part night" lamps burn from dusk until midnight. Size of Lamp All night Part Night Multiple: 85 watts or less $0.75 $0.65 100 watts 0.90 0.75 150 watts 1.00 0.85 200 watts 1.25 1.05 300 watts 1.50 1.25 500 watts 2.25 1.75 Series: 1,000 lumens or less 0.75 0.65 2,500 lumens 1.00 0.85 4,000 lumens 1.25 1.05 6,000 lumens 1.50 1.25 10,000 lumens 2.25 1.75 16,000 lumens 3.60 2.80 Mercury Vapor: 10,000 lumens 2.25 1.75 16,000 lumens 3.60 2.80 21,000 lumens 4.75 3.70 Adjustment: 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 in- creased or decreased by laws which are not in effect on June 1, 1941, provided, however, that this Adjust- ment shall only be applied when authorized by order of the Arkansas Public Service Commission. 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 - 12 - r 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. CONTRACT PERIOD As covered by formal contract now in effect with the City. In the event no continuing contract now exists, not less than twelve consecutive months. SERVICE REGULATIONS Service under this schedule is subject to the Service Regulations of the Company as they are now on file, and as they may in the future be filed, with the Arkansas Public Service Commission. MAINTENANCE The Company will maintain street and whiteway lights, including lamp renewals and maintenance of overhead lights and whiteway poles and brackets, except for the outer globes and for breakage of the poles themselves, however labor for the installa- tion of the outer globes and for the installation of broken poles will be furnished by the Company. (b) Company will supply and City will take and pay for all electric service required by City for the lighting and operation of the street lighting facilities described in Paragraph 5 and as each segment is completed and placed in operation in accordance with all the terms and conditions of Rate Schedule No. 20A or in accordance with such other applicable rate schedule that may be lawfully made. Rate Schedule 20A is as follows: AVAILABILITY At points on existing facilities of adequate capacity and suitable voltage supplied from Company's inter- connected transmission system to any municipality in which Company owns and operates the local dis- tribution system. APPLICATION To all electric service required by customer for all enclosed series, multiple or mercury vapor street, alley, whiteway or similar lighting. - 1-1 - Company will make all investment for such enclosed street and whiteway lamps mounted on wood poles or ornamental steel or concrete poles for either overhead or underground connections. TYPE OF SERVICE Approximately 60 cycles and at standard voltages and /or currents required by customers as described in Company's Service Standards. NET MONTHLY RATE The amounts shown in the following tabulation are the net monthly charges per lamp. "All night" lamps burn from dusk until dawn. "Part-night" lamps burn from dusk until midnight. Overhead Overhead Wood Pole Ornamental Pole When Company furnishes underground system there will be added each month to the above applicable bills a Monthly Charge equal to the number of feet of under- ground cable times 1.75c per foot. The above net monthly rate shall be subject to a multiplier of 65% for electric service furnished and metered separately to City owned street lighting facilities or street lighting facilities provided by another public agency which City is obligated to operate and maintain. The foregoing charges will include Company's cost for maintenance, labor, transportation and lamp renewals, but City shall supply or pay the cost of other maintenance materials. City will pay all cost of renewals and replacements to such City owned street lighting facilities or street lighting facilities provided by another public agency except lamp renewals. - 14 - Size of All Part All Part Lamp Night Night Night Night Multiple 200 $1.50 $1.30 $2.25 $2.05 Watts 300 1.75 1.50 2.50 2.25 500 2.50 2.00 3.25 2.75 Series 4,000 1.50 1.30 2.25 2.05 Lumens 6,000 1.75 1.50 2.50 2.25 10,000 2.50 2.00 3.25 2.75 Mercury Vapor 16,000/21,000 4.35 3.55 5.10 4.30 Lumens When Company furnishes underground system there will be added each month to the above applicable bills a Monthly Charge equal to the number of feet of under- ground cable times 1.75c per foot. The above net monthly rate shall be subject to a multiplier of 65% for electric service furnished and metered separately to City owned street lighting facilities or street lighting facilities provided by another public agency which City is obligated to operate and maintain. The foregoing charges will include Company's cost for maintenance, labor, transportation and lamp renewals, but City shall supply or pay the cost of other maintenance materials. City will pay all cost of renewals and replacements to such City owned street lighting facilities or street lighting facilities provided by another public agency except lamp renewals. - 14 - I � • , 1 4 Adjustment: 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. 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. CONTRACT PERIOD As covered by formal contract now in effect with the City. In the event no continuing contract now exists, not less than twelve consecutive months. SERVICE REGULATIONS Service under this schedule is subject to the Service Regulations of the Company as they are now on file, and as they may in the future be filed, with the Arkansas Public Service"Commission. MAINTENANCE The Company will maintain street and whiteway lights, including lamp renewals and maintenance of overhead lights and whiteway poles and brackets, except for the outer globes and for breakage of the poles themselves, however labor for the installation of the outer globes and for the installation of broken poles will be furnished by the Company. 8. At present City has attachments on street lighting poles and structures, and the City will at its expense remove and relocate all City owned fire alarm equipment, traffic light controls and attachments and other circuits, r conductors, equlpL.ient L;md' at a fL.tents use r_or purposes other than street lighting located on poles and old structures which are to be replaced, removed, relocated or newly - 15 - located by reason of such street lighting remodeling. City will accomplish all the foregoing removals and relocations with all deliberate speed and dispatch so as not to delay, obstruct or otherwise interfere with the rapid progress and completion of the work of street lighting system remodeling. After Company has completed the rebuilding of the street lighting system in any area, City may attach to poles and structures traffic light controls and conductors for its fire alarm system on the basis of those costs and charges set forth in the Agreement of February 11, 1954 between Company and City, which provides that such attachments may be made by the City free of charge unless, by reason of the attachment by City, Company is required to make an additional capital investment. In such a case, the City will pay the cost of this additional investment when the attachments are made. WHEREFORE, this Agreement has been executed by the Mayor and City Clerk for and on behalf of the City of Little Rock after the enactment of ordinances authorizing this Agreement, and this Agreement has been executed for and on behalf of the Arkansas Power & Light Company by its Presi- dent and its Secretary, duly authorized by the Board of Directors of said Company. ATTEST: City Clerk ATTEST: Secretary CITY OF LITTLE ROCK Mayor ARKANSAS POWER & LIGHT COMPANY By President - 16 - Section 3. The Mayor, City Clerk, City Manager and other officers and employees of the City be and they are hereby authorized and empowered to perform such duties and do such things as may be necessary and required of them to enable the City to perform and carry out its obligations under said contract set forth above, and to make payments to the Arkansas Power & Light Company for such amounts as may be due said Company under this contract. And the Mayor, City Clerk, City Manager, and other officers and employees of the City are hereby further directed, ordered and empowered to do such things as may be necessary to require the full performance 1 on the part of the Arkansas Power & Light Company of its duties and obligations set forth in said contract. Section 4. All ordinances and parts of ordinances of the City of Little Rock in conflict with this ordinance are hereby repealed. Section S. Because of a lack of an adequate and modern street lighting system in the City of Little Rock, the lives and property of the inhabitants of said City are endangered, and by the passage of this ordinance and performance of the contract herein authorized, the City of Little Rock and its inhabitants will obtain the benefits of a modern street lighting system, now therefore, an emergency is hereby de- clared to exist and this ordinance being necessary for the preservation of public peace, health and safety shall be in full force and effect from and after its passage. PASSED: September 15, 1958 ATTEST: City Clerk APPROVED: '00AKO Mayor