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November 6, 1969lido MINUTES OF A REGULAR P4EETING OF THE CITY COUNCIL OF THE CITY OF WEST P?E'A'!PHIS, ARKANSAS, `HELD ON THE 6TH DAY OF NOVr'~4BER, 1969. The Gity Council of the City of ?Jest Memphis, Arkansas, met in a regular session at its regular meeting place in West Memphis, Arkansas, at 1:30 o'clock p.m. on the 6th day of November, 1969. The following were present: Mayor Bob Eden, presiding, and Aldermen: R. C. Bowie, H. R. Dabbs, Pritchard Horton, C. D. Hutcherson, ~. T. Rodgers, Robert L. Smith, F. C. Weis, and R. T. Bentley; and City Attorney R. E. Wallin. Absent: None. Minutes of Council Meetings on October 16th and 27th were approved as read. Mr. Richard H. Upton, President of Southland Racing Corporation, presented check in amount of $62,395.37 being 1/3 of breakage for the 1969 Racing Season at Southland. Mayor Eden expressed appreciation to Southland ststing the amount is the largest recei?red from the Racing Corporation. Mayor Eden informed the Council an Agreement had been prepared by Arkansas Power & Light Company for use of sites at Lehi Substation and the West Memphis Gateway Substation in order that the Utility Commission can construct two 13.8 KV switch stations that are urgently needed, and authorization to execute the Agreement will have to be by ordinance. After discussion, an ordinance entitled "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 Execution Thereof By The Mayor And City Clerk; And For Other Purposes" was introduced in writing by Alderman Smith, and the City Attorney read the ordinance in full. Alderman Hutcherson, seconded by Alderman Bentley, moved that the rule requiring the reading of an ordinance in £ull on three different days be suspended and that the ordinance be placed cn its second reading. The Mayor put the question on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen: Bowie, Dabbs, Horton, Hutcherson, Rodgers, Smith, Weis, and Bentley. No: None. Thereupon the Mayor declared that at least two-thirds of all members of the Council having voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended. The ordinance was then read the second time by the City Attorney. Alderman Dabbs, seconded by Alderman Rodgers then moved that the rule requiring the reading of an ordinance in full on three different days be further suspended and that the ordinance be placed on its third reading. The r;ayor put the question on the adoption of the motion and the roll being called the following voted: Aye: Aldermen: Bowie, Dabbs, Horton, Hutcherson, Rodgers, Smith, Weis, and Bentley. No: None. The Mayor declared that at least two-thirds of all members elected to the Council having voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended. The ordinance was then read the third time by the City Attorney. Alderman Horton, seconded by Alderman Bowie, moved that the ordinance be adopted. The question was put by the Mayor on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen: Bowie, Dabbs, Horton, Hutcherson, Rodgers, Smith, Weis, and Bentley. No: None. Alderman Weis, seconded by Alderman Smith, moved that Section 3, the emergency clause, be adopted, and on roll call the following voted: Aye: Aldermen: Bowie, Dabbs, Horton, Hutcherson, Rodgers, Smith, Weis, and Bentley. No: None. The Mayor thereupon declared the ordinance and the emergency clause adopted and signed the ordinance, which was attested by the City Clerk and impressed with the seal of the City. The ordinance was given No. 618. The ordinance read as follows: ORDINANCE NO.~ AN ORDINANCE AUTI30RIZING 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 EXECUTION 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: 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, City receives and Company supplies electric power and energy at three points of delivery under a twenty- year Electric Service Agreement, dated February 2, 1967, 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 additi m al 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 marized 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 (EZ SE1 SE4) of Section 10, Township 6 Pdorth, Range ~ East, Crittenden County, Arkansas, and more particularly described as follows: BEGINNING at the Nortli~•rest 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 ;'38 feet, more or less, West of the Southeast corner of the Southeast Quarter of said Section 10; thence Plorth 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 (SW4 SW,i--,) 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 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 (SW4 SW,i--,) of said Section 10; thence West 40.0 feet along the North fence of said substation; thence South 80.0 feet along a line 40.0 feet West of and parallel to the East fence of said substation;. thence East 40.0 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, 1967, as amended or (b) any amendment, extension or renewal thereof, whichever is the later date. shall be andlremain~thessolecpaopertyeofethenCitydandopityy 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. 4. 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 t'rle 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. 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. lg6g. WITNESS our hands and seals this day of CITY~OF WE PHIS, ARKANSAS By. %~ ~' May" or- ATTEST: ,, -' ~ '~ „ ~`~i - ! ~ Ci y Clerk ARKANSAS POWER & LIGHT COMPANY By_ Vice President ATTEST: Assistant Secretary Section 2. That the Mayor ar~d (:ity 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 8c 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 nrrli nannc hAi nrr nr nr ecartr fnr tiir~ nracarvai'.i nn of 1'.ha nllhl i C