635ORDINANCE NO . ~ ~ 5
AN ORDINANCE AUTHORIZING THE AMENDMENT OF AN AGREEMENT DATED
NOVEMBER 6, 1969 BETWEEN THE CITY OF WEST MEND'HIS AND ARKANSAS
POWER & LIGHT COMPANY PURSUANT TO THE PROVISIONS OF ORDINANCE
618, DIRECTING THE EXECUTION OF SUCH AMENDMENT 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:
AGREEMENT
THIS AGREEMENT made by and between the CITY
OF WEST MEMPHIS, a municipal corporation (hereafter
called "City") and ARKANSAS POWER & LIGHT COMPANY, an
Arkansas corporation (hereafter called "Company"),
W I T N E S S E T H:
WHEREAS, on November 6, 1969, pursuant to the
authority granted under Ordinance 618, the Mayor and
City Clerk executed an agreement with Arkansas Power
& Light Company for the occupancy of certain areas
within the Company's Lehi and Gateway Substations for
City switching stations and necessary appurtenant
facilities; and
WHEREAS, it appears that a larger area than
originally contemplated will be required in the Gateway
Substation; and
WHEREAS, Arkansas Power & Light Company is agree-
able to amending the agreement of November 6, 1969 to
enlarge the said area;
NOW, THEREFORE, for and in consideration of the
mutual covenants and agreements set forth herein, the
parties agree as follows:
1. Section 1 of the agreement entered into between
the parties dated November 6, 1969 is hereby amended
by striking the description of the property which the
City may use and occupy and substituting therefor the
following:
Part of the Southwest Quarter of the South-
west Quarter (SW~ SW~) of Section 10, Township 6
North, Range 9 East, Crittenden County, Arkansas,
and more particularly described as follows:
BEGINNING at the northeast corner of the
Arkansas Power & Light Company~s 161 KV Substation
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~ SW~) of said Section 10;
thence West 45.0 feet along the North fence of
said substation; thence South 80.0 feet along a
line 45.0 feet West of and parallel to the East
fence of said substation; thence East 45.0 feet
to said East fence; thence North 80.0 feet along
said East fence to the point of beginning.
2. Exhibit B to said agreement is hereby stricken
and a substituted Exhibit B reflecting the enlarged
area is hereby incorporated as a part of said agreement.
3. Except as specifically amended herein, all
other terms and conditions of said agreement dated
November 6, 1969 are hereby ratified and confirmed.
WITNESS our hands and seals this 't:~ day of
ray 1970.
CITY OF WEST MEMPHIS
By f S J TTLD~N ~.ODG F;S
ATTES ~ Mayor
City Clerk
ARKANSAS POWER & LIGHT COMPANY
By
ATTEST: Vice President
Assistant Secretary
Section 2. That the Mayor and 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 is hereby found and declared that addi-
tional space will be required in order to accommodate the
equipment of the City in the Gateway Substation of Arkansas
,~ Power & Light Company; that an emergency exists because of
the urgent need for such facilities and this ordinance being
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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 approval.
PASSED: r~ , 1970.
APPROVED:
c~1'`-~
Mayor
ATTEST :
City Clerk
- _ _
~..~-.
AGREEMENT
THIS AGREEMENT made by and between the CITY
OF WEST MEMPHIS, a municipal corporation (hereafter
called "City") and ARKANSAS POWER & LIGHT COMPANY, an
Arkansas Corporation (hereafter called "Company"),
W I T N E S SETH:
WHEREAS, on November 6, 1969, pursuant to the
authority granted under Ordinance 618, the Mayor and
City Clerk executed an agreement with Arkansas Power
& Light Compax~y for the occupancy of certain areas
' within the .Company's Lehi and Gateway Substations for '~
City switching stations and necessary appurtenant
~. facilities; and
-WHEREAS, it appears that a larger area than
a originally contemplated will be required in the Gateway
~~
Substation; and
WHEREAS, Arkansas Power & Light Company is agree-
able to amending the agreement of November 6, 1969 to
enlarge the said area;
NOW, THEREFORE, for and in consideration of the
mutual covenants and agreements set forth herein, the
a parties agree as follows:
1. Section 1 of the agreement entered into between
c:.
the parties dated November 6, 1969 is hereby amended
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tion of the property which the
by striking the descrip
ma use and occupy and substituting therefor the
City y
following:
Part of the Southwest Quarter of the South-
west Quarter (SW,-, SWu) of Section 10, Township 6
North, Range 9 East, Crittenden County, Arkansas.
and more particularly described as follows:
BEGINNING at the northeast corner of the
Arkansas Power & Light Company's 161 KV Substation
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 (SWu SW~) of said Section 10;
thence, West ~+5.o feet along the North fence of
said substation; thence South 80.0 feet along a
line X5.0 feet, West of and parallel to the East
fence of said substation; thence East ~S.O feet
to said East fence; thence North 80.0 feet along
said East fence to the point of beginning.
2. Exhibit B to said agreement-is hereby stricken
nd a substituted Exhibit B reflecting the enlarged
a
area is hereby incorporated as a part of said agreement.
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3. Except as specifically amended herein, all -
other terms and conditions of said agreement dated.
November 6,.1969 are hereby ratified and confirmed..
WITNESS our hands and seals this day of
.-
1970.
`~ `~ ~ CITY OF WEST MEMPHIS
.-
By
Mayor
~;
` ,`ATT
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,~,;.,,
Ci y C erk
ARKANSAS POWER & LIGHT COMPANY
Vice President
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ATTEST:
Assis an Secre ary
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SE. Cor. SW4-SW~
i ~ J ~j~jj~_ _ Sec. ID T.6N_R9
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SEC. to
SEC. IS
Part of the SWi4-SW~4 Sec.IO,T.6N-R.9E.
Site of 110 K.V. Substation
To Memp~h~i51
Arkansas Power & Light Co.
Pinc Bluff, Ark.
GATEWAY ~ WQst M~mPhi s I10 K.V. S ub. Land
Scale i'~=s00' Oaie Sepi•. 6, 1934 Drawn By GMB. Checked 8y J.R.P.
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