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618 ORDINANCE NO.~ AN ORDINANCE AUTHORIZING THE AGREEMENT BY THE CITY OF WEST MEMPHIS WITH ARKANSAS POWER & LIGHT COMPANY FOR THE USE OF CERTAIN LANDS OF THE COMPANY FOR TWO 13.8 KV SWITCH STATIONS; AUTHORIZING AND DIRECTING THE EXECUT ION THEREOF BY THE MAYOR AND CITY CLERK; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: Section 1. That the City of West Memphis, Arkansas, enter into an agreement with the Arkansas Power & Light Company containing the following terms and conditions: 4 f;.RTi'FMFT~TT THIS AGREEMENT made by and between the CITY OF WEST MEMPHIS, a municipal corporation (hereafter called "City") and ARKANSAS POWER 8c LIGHT COMPANY, an Arkansas corporation (hereafter called "Company"), W I T N E S S E T H: WHEREAS, City receives and Company supplies electric power and energy at three points of delivery under a twenty- r year Electric Service Agreement, dated February 2, 1867, f as amended, and City desires to construct 13.8 KV ~ switch stations adjoining two of Company's substations, which are points of delivery under said agreement; and WHEREAS, Company is agreeable to furnishing a site for said switch stations on property owned by the Company without additiazal charge to the City; NOW, THEREFORE, for and in consideration of the said Electric Service Agreement and the mutual promises and agreements set forth herein, the parties agree as follows: 1. Company agrees, subject to the terms and con- ditions hereafter set forth, that the City may construct and maintain 13.8 KV switch stations and all necessary appurtenant facilities on the two substation sites owned by the Company in or near West Memphis, Arkansas, as reflected on the sketches attached hereto and marked Exhibit "A" and Exhibit "B", and that the City may use and occupy said property without charge, for said purposes, said property being more particularly des- cribed as follows: Lehi Substation: Part of the East Half of the Southeast Quarter of the Southeast Quarter (E2 SE1 SEA) of Section 10, Township 6 North, Range ~ East, Crittenden County, Arkansas, and more particularly described as follows: BEGINNING at the Northwest corner of the Arkansas Power & Light Company's fence around the existing Lehi 161 KV Substation said corner being 560 feet, more or less, North of and 238 feet, more or less, West of the Southeast corner of the Southeast Quarter of said Section 10; thence North 80.0 feet; thence east 50.0 feet; thence South 80.0 feet to the North fence of said substation; thence West 50.0 feet along said fence to the point of beginning. West Memphis, Gateway Substation: Part of the Southwest Quarter of the Southwest Quarter (SW SW~) of Section 10, Township 6 North, Range g East, Crittenden County, Arkansas, and more particularly described as follows: BEGINNING at the Northeast corner of the Arkansas Power 8c Light Company's 161 KV Sub- station fence, said corner being 738.8 feet, more or less North of and 52 feet, more or less, West of the Southeast corner of the Southwest Quarter of the Southwest Quarter (SW,-~ SW4) of said Section 10; thence West x-0.0 feet along the North fence of said substation; thence South 80.0 feet along a line X0.0 feet West of and parallel to the East fence of said substation; -2- thence East X0.0 feet to said East fence; thence North 80.0 feet along said East fence to the point of beginning. 2. The term of this agreement shall be from the date - hereof to and including (a) the termination date of the Electric Service Agreement dated February 2, 1867, as amended or (b) any amendment, extension or renewal thereof, whichever is the later date. '3. All facilities placed or erected on said property shall be and remain the sole property of the City and City agrees to vacate said property, to remove all of said facilities, and to restore said property to a safe and reason- able condition within ninety (90) days after the termination of this agreement. ~. City agrees to use the said lands solely for the purposes set forth above and the parking of automobiles and trucks used in connection therewith. City will keep the lands free of growths, underbrush and other obstructions at all times, and will not use or permit the use of the lands in any manner or to any extent which will interfere with or affect the Company's use thereof in its operations;'will not commit waste or permit waste to be done to or on the lands; will not permit any use of the said lands which will conflict with the Federal, State or Local laws and ordinances. All construction by City on said property shall be in accordance with 'the provisions of'the National Electric Safety Code and any other applicable State or Federal safety codes and regulations. 5. City will hold Company forever free and harmless from and will indemnify Company against all liability and all loss, costs (including, but not limited to reasonable attorney's fees, deposition costs, expert witness fees, and other costs of preparation and trial of litigation), damages, expenses, causes of action, actions and claims, of every kind and nature, arising out of injuries to, or death of, any and all persons (including, without limiting the foregoing, the City, its agents, servants and employees, and its invitees and licensees) or damage to, injury to or destruction of any and all property, animate and inanimate, caused by or arising out of City's occupancy or use of the lands and the space above same. -3- 6. Neither this agreement nor any right, interest or estate of City hereunder or in the lands shall be assigned, sublet or otherwise transferred, without prior written consent of Company. WITNESS our hands and seals this day of 1968. CITY OF PHIS ARKANSAS ~.- By ~ ayor ATTEST: Ci y Clerk ARKANSAS POWER & LIGHT COMPANY By Vice President ATTEST: Assistant Secretary Section 2. That the Mayor arr. City Clerk are hereby authorized and directed to make, enter into and execute said agreement for and on behalf of the City. Section 3. It has been found and is hereby declared that two 13.8 KV switch stations must be added to the City's electric distribution system in the immediate future, at or near Arkansas Power & Light Company's substation sites in order to efficiently serve the residents of West Memphis with electric service; that an emergency exists; and that this ordinance being necessary for the preservation of the public -~-- peace, health, safety and welfare, it shall be in full force and effect immediately from and after its passage and approval. PASSED: 1~2f ~, 196g. APPROVED: _.. ,.~- Mayor ATTEST: --~. City Clerk -5- 18.11 Ac, ., Al n . WARRANTY DEED REGORO BK.217 p291 ~ A46a $- 23A S ;. ....--`~ i%t LP 165' •~ 1%ZI~P^ A . m p \i7~j - O K t/elR 165 j t _ _.. ~ ,_. _,. --- R / W - _ - - - --- - r~fcNWY. q70 -- - _. _ - I ~-~ --~~ _~ _ _-~°.~ X14_ _ _. _~ rr _- --- R/ W -- - i - ~ it II, ... J C Z d 1V*'' I PART of ARKANSAS POWER & LIGHT COMPANY ~° E %z SE%4 SEC.1gT6N-R8E • PINE BI.UFP, ARKANSAS • W. MEMPHIS . CRITTENOEN COUNTY '"" E ~' ~+ ARKANSAS •-' ~ i1S/138 K.V. SV~. S=a• ~~T~ - SCAL[ 1 ' + ~ OO DAT[ i" UN ~ ' .DRAWN 8Y Wq CX[CK[D OY- i^~ TRACE4 BY ]„ Ai-~ YED i7 + -, ,MO. DAT~I R[YISION sY' .AI's. SHEET 1I dJ, 1] SN[[TS, t _ ~ _ x _ ~ ., .;' . ~ g~. .~. ___ ry', SE.Cor. SW4-SW}~ ~, _ _ ,(, U, CJ. HI(~~'1y~/a~_ _ Sec.iDT.6N-R9E ~~~ 7~ SEC. 10 Sec.15 Part of the SWi4-SWi4 Sec.lO,T.6N-R.9E. Site of 110 K.V. Substation W ~ _ ~D t To Memp_ h- Arkansas Power & Light Co. Pine Bluff, Ark'. GAT E WA Y ~ WQst M~mph i s 110 K.V. S ub. Le>nd Scale 1"~i00' Oetp Sep+. 6, 1934 Drawn By C.M.B. Checked ByJ.RR, A20 41 .~ . ~: