§ 4.04.20. Agreement for street lighting service.

The mayor and city clerk be, and they are hereby authorized, empowered, and directed to make and enter into a contract for and on behalf of the city with the Arkansas Power & Light company, which contract shall be substantially as follows:

AGREEMENT FOR STREET LIGHTING SERVICE

This agreement, made this 25th day July, 1966, between the city of Bryant, Arkansas, hereinafter called "City", and Arkansas Power & Light Company, an Arkansas corporation, hereinafter called "Company."

WITNESSETH:

WHEREAS, company now owns and operates an electric distribution system within city, and the city, in order that the street lighting facilities may be modern and adequate, desires that the company make certain changes in these facilities, and the company is agreeable to making the changes the city desires by installing street lighting facilities and/or the improvement of certain existing street lighting facilities;

NOW, THEREFORE, it is agreed and understood between the city and the company as follows:

A.

In consideration of the company making facilities available for street lighting purposes and/or the improvement of certain existing street lighting facilities and the benefits accruing to the parties hereto, the city agrees to purchase all street lighting service required by it from the company in the areas where company may legally serve, and the company agrees to supply and sell to the city, and city agrees to pay for, all such service under company's applicable rate schedules and service regulations as now on file with the arkansas public service commission or as provided in said schedules and regulations as they may be lawfully amended, altered, or superseded in the future, with the approval of the Arkansas Public Service Commission or any other regulatory agency having jurisdiction.

B.

Company will at its expense make the following removals from its present street lighting facilities serving the city:

74 189-Watt street lights

C.

Company will at its expense make the following additions to its street lighting facilities serving the city:

74 100-Watt mercury vapor luminaires

D.

After completion of the hereinabove described removals and additions, the company's street lighting facilities serving the city will consist of:

74 100-Watt mercury vapor luminaires

12 175-Watt mercury vapor luminaires

In order to provide for further improvements to the street lighting in the future serving the city, company agrees to make additions or changes in its street lighting facilities when requested in writing by the mayor, upon authorization of the city council, provided, in company's judgment, such changes do not constitute a major revision of the street lighting facilities. such additional street lights or changes in existing street lights will be made at company's expense and electric service for such lights will be supplied by the company and will be paid for by the city in accordance with the provisions of the applicable rate schedule, and under the terms and conditions of this agreement.

E.

In addition to supplying street lighting service from company owned street lighting facilities, company agrees to supply and sell to the city street lighting service from non-company owned street lighting facilities, and the city agrees to purchase and pay for such service in accordance with the provisions of the applicable rate schedule, and the terms and conditions of this agreement.

Non-company owned street lighting facilities consist of: None

F.

This constitutes the entire agreement between the parties hereto with reference to the subject matter hereof and supersedes all previous understandings and agreements, written or oral, pertaining to the same subject matter.

G.

The term of the agreement shall be from December 15, 1966, to December 15, 1967, 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 six months, nor less than three months, prior to the expiration of the original term or any extension thereof.

( Ord. No. 71 )