537i
ORDINANCE N0. ~ 3~
AN ORDINANCE SETTING FORTH AND AUTHORIZING THE
EXECUTION OF AN AMENDMENT TO THE SERVICE AGREE-
MENT DATED FEBRUARY 2, 1967 BETWEEN ARKANSAS
POWER & LIGHT COMPANY AND THE CITY OF WEST
MEMPHIS, ARKANSAS, FOR THE PURCHASE OF POWER
AND ENERGY BY THE CITY FOR DISTRIBUTION THROUGH
ITS ELECTRICAL SYSTEM AND THE SUPPLYING OF POWER
AND ENERGY BY ARKANSAS POWER & LIGHT COMPANY,
DECLARING AN EMERGENCY, AND Fb R OTHER PURPOSES
WHEREAS, the City of West Memphis, Arkansas and Arkansas
Power 8c Light Company have heretofore entered into a Service
Agreement dated February 2, 1967 pursuant to authority granted
in Ordinance No. 520 in the foztn set out in Ordinance No. 520;
and
WHEREAS, at a lawful meeting of the West Memphis Utility
Commission held Jl9~t.~- ~~~~ 1967, the Commission
reviewed a proposed form of amendment to said Service Agreement
providing for the designation of three points of delivery of
the electrical power and energy to be supplied under said
Service Agreement and approved the form and content of the pro-
posed amendment to said Service Agreement, and recommended to the
City Council that the said amendment to Service Agreement be
approved; and
WHEREAS, the Council and its consultants have reviewed
the proposed amendment to the said Service Agreement and find
it to be fair and reasonable and in the best interests of the
City;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF WEST MEMPHIS, ARKANSAS:
Section 1. That an amendment to the Service Agreement
dated February 2, 1967 for the purchase of electric power and
energy from Arkansas Power 8c Light Company by the City of
West Memphis, Arkansas shall be entered into between the City
of West Memphis, Arkansas and Arkansas Power & Light Company,
and shall contain substantially the following terms and con-
ditions, to-wit:
FIRST AMENDMENT TO
SERVICE AGREEMENT DATED FEBRUARY 2, 1967
BETWEEN
CITY OF WEST MEMPHIS
AND
ARKANSAS POWER 8c LIGHT COMPANY
This Amendment to Service Agreement made this 20}~ day
of Juice , 1967 between the City of West Memphis,
Arkansas (hereinafter called "City"~ and Arka~ as Power ~
Light Company (hereinafter called "Company"~,
W I T N E S SET H:
WHEREAS, the City and the Company have heretofore made
and entered into a Service Agreement dated February 2, 1067
by which the Company agrees to supply and the City agrees to
receive and pay for certain utility service; and
WHEREAS, the said Service Agreement specifies two points
of delivery of the electric power and energy to be furnished
under said Agreement, and further provides that additional
- 2 -
points of delivery may be agreed upon by amendment to said
Service Agreement; and
WHEREAS, the West Memphis Utility Commission and the City
have determined that it is advisable that a portion of such
electric power and energy be furnished at a third point of
delivery, and the Company hasagreed to a third point of delivery;
NOW, THEREFORE, it is agreed and understood between the
parties hereto that paragraph numbered 3 of the aforedescribed
Service Agreement shall be and is hereby amended so that it shall
hereafter provide as follows:
"3. Points of Delivery. City will accept delivery of 13.8
kv, 3 phase, 60 cycle electric power and energy as follows:
T~noi-inn
City's Polk Avenue and
Second Street 13.8 kv
Switch Station
Near SE Cor. SW u, Section
11, T6 N, R8 E,
Crittenden County, at a
point adjacent to the
present city limits
Max. KW Provided Service Date
30,000 Now in Service
10,000 Now in Service
SE? NEu Section 8,
T ~ N, R g E, Critten-
den County 10,000 July 12, 1867
and~or any additional points of delivery mutually agreed
upon and specified in an amendment to this agreement and
City will provide whatever additions to its electric dis-
tribution system which may be required to effectively accept
and utilize the delivered electric power and energy."
- 3 -
This Amendment shall become effective on the date
service is initiated at the above-described third point of
delivery, or the date on which the Amendment is permitted to
become effective by regulatory authorities having jurisdiction,
whichever is later.
Except as herein amended, all terms and provisions of the
Service Agreement dated February 2, 1967, shall remain in full
force and effect.
This Amendment to Service Agreement executed by and between
the City of West Memphis, Arkansas by its Mayor and City Clerk
and the Arkansas Power 8c Light Company by its Vice President and
Assistant Secretary on the 20th day of July 1967•
CITY OF IS, ARKANSAS
By : / ~.
Mayor
ATTE
City Clerk
ARKANSAS POWER 8c LIGHT COMPANY
By:
Vice President
ATTEST:
Assistan Secretary
Section 2. The Mayor and City Clerk of the City of
West Memphis are hereby authorized, directed and empowered to
execute the foregoing Amendment to Service Agreement with
- ~- -
Arkansas Power 8c Light Company for and on behalf of the City
of West Memphis, Arkansas, as set forth in Section 1 hereof, and
the Mayor, Clerk, Treasurer and other officers of the City are
hereby authorized and directed to take such other actions as
they deem necessary to effectuate and carry out said Agreement.
Section 3. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 4. It has been found, and it is hereby declared,
by the City Council of the City of West Memphis, Arkansas, that
it is necessary in order to properly operate the municipal elec-
tric system and provide adequate service to the inhabitants and
businesses in West Memphis that a third point of delivery of
electric power and energy from Arkansas Power 8c Light Company
be established, and that it is imperative, in the interest of the
City and its citizens, that there be no delay in entering into
the Amendment to the Service Agrean ent he reinabove set forth.
Therefore, an emergency is declared to exist, and this ordinance
being necessary for the preservation and advancement of the
peace, health and safety, shall take effect and be in full force
and effect from and after the date of its approval.
ADOPTED ~V ~ a.0 ~ , 1967 •
APPROVED•
~>
Mayor
/ ~ , ~N
ATTEST:
yam---~ ;r-_ ~i
~- ~ ' r
City Clerk
- 5 -