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HomeMy WebLinkAbout1981-773-R r RESOLUTION # r17 3 A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY OF BATESVILLE AND HASSELL MYERS, BOB SLAUGH- TER, R. E. BELL, EDWARD L. HOUSE, LYNN LANIER AND MRS. EARL LANDERS CON- CERNING THE INSTALLATION OF SIX STREET LIGHTS ON BRIAR DRIVE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS AS j FOLLOWS: 1. That the Mayor and City Clerk are hereby authorized and directed to execute a contract by and between the City of Batesville and Hassell Myers, Bob Slaughter, R. E. Bell , Edward L. House, Lynn Lanier and Mrs. Earl Landers concerning the installation and operation of six street lights on Briar Drive in Batesville, Arkansas , a copy of said contract is attached hereto, marked EXHIBIT "A" and made a part hereof as though fully set out herein word for word. �7 I ADOPTED this .2 17-d day of C C 1 D 8EA-- , 1981. APPROVED r BY: "' M SHIRRELL, MAYOR i ATTEST: LARRY WILLIAMS, CITY CLERK �w CONTRACT THIS AGREEMENT made this 91 day of October, 1981, between the City of Batesville, a municipal corporation and existing under the laws of the State of Arkansas, hereinafter referred to as Party of the First Part and, Hassell Myers, Bob Slaughter, R. E. Bell , Edward L. House, Lynn Lanier and Mrs. Earl Landers all of Batesville, Independence County, Arkansas , hereinafter referred to as Parties of the Second Part, witnesseth: WHEREAS, the Party of the First Part, in an attempt to make its streets safe and attractive has adopted a policy of paying for the install- ation and maintenance of street lights on the city streets; and, WHEREAS, the Parties of the Second Part, citizens of Batesville, residing on Briar Drive, desires to have Briar Drive equipped with street lights; and, WHEREAS, the Party of the First Part would install no more than three such street lights free of charge, the Party of the First Part and Parties of the Second Part have entered into this agreement whereby Briar Drive would be allowed six such street lights but only upon the condition and terms of this agreement. NOW, THEREFORE, the parties hereto in consideration of the mutual promisesand valuable considerations certify and agree: 1. That the Parties of the Second Part agree to give to Party of the First Part six street lights, six light poles and all other necessary equipment required for the operation of the said street lights. Furthermore, Parties of the Second Part agree to provide the necessary excavations for underground wiring. 2. That the Parties of the Second Part agree to pay the sum of Five Dollars ($5.00) per month for three of the said street lights, in ad- vance for the year 1981. That the,parties agree that the cost of operation for these three street lights will be determined upon a mutual basis for each year thereafter with the sum agreed upon payable in advance. In all such future determinations of costs, actual , actual cost of operation will be taken into account including cost of fuel adjustments. If the parties should fail to meet or establish a cost of operation figure, it will remain at $5.00 per month plus cost of fuel adjustments and electric rate increases. 3. Parties of the Second Part agree that they shall be responsible i for all replacement costs including any replacement poles and fixtures on any of the said six street lights as may be needed, the opinion of the Arkansas Power and Light Company shall resolve the issue and their decision shall be final . The Party of the First Part agrees only to replace the light bulbs when needed and Party of the First Part shall follow their normal procedure in replacing said bulbs and Party of the First Part does not accept nor does it assume any responsibility of liability for failure to promply replace any bulb. 4. Party of the First Part agrees to contract with the Arkansas Power and Light Company to install said lights after Parties of the Second Part have performed their obligations . Furthermore, Party of the First Part agrees to pay the electric costs through the street light contract with Arkansas Power and Light Company. 5. This agreement shall inure to the benefit and be binding upon the heirs, assigns, administrators, executors and successors of the respect- ive parties. IN WITNESS WHEREOF, the parties have executed this agreement at Batesville, Independence County, Arkansas the day and year first above written. CITY OF BATESVI1 E (Partyiof the Furst Part) BY: ISHIRRELL, Duly Elected Mayor ATTEST: '0"e — LARRY WILLIAMS, City Clerk HASSELL MYERS, Par of t e Second Part ,A BOB LIGHTER, P t the Second Part f R. E. BELL, Party of the Second Part EDWARD L. HOU E, arty of the Second Part LYNN ANIER, Party(,o ,, the Second Part MRS. EARL LANDERS, Party of the Second Part I (W ACKNOWLEDGEMENT STATE OF ARKANSAS ) ss . COUNTY OF INDEPENDENCE) On this day of October, 1981 , before me a Notary Public duly commissioned, qualified and acting, within and for the said county and state, appeared in person the within named Jim Shirrell and Larry Williams to me personally well known, who stated that they were the Mayor and City Clerk of the City of Batesville, Arkansas , a municipal corporation, and were duly p authorized to their respective capacities to execute the foregoing contract for and in the name and behalf of said City of Batesville and further stated that they had so signed, executed and delivered said foregoing instrument for the consideration, uses and purpose therein mentioned and set forth. (W IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of October, 1981. Notary Public My Commission Expires: ACKNOWLEDGMENT STATE OF ARKANSAS ) ss. COUNTY OF INDEPENDENCE) BE IT REMEMBERED that on this day came before me, the undersigned, a Notary Public within and for the county aforesaid, duly commissioned and acting Hassell Myers, Bob Slaughter, R. E. Bell , Edward L. House, Lynn Lanier and Mrs. Earl Landers , to me well known as the Parties of the Second Part in the foregoing contract and stated that they have executed the same for the consideration and purpose mentioned and set forth. Witness my hand and seal as such Notary Public on t0i s day of October, 1981. JI a Notary Public 11 1 14y Commission Expires: 3 - 1 - -3 i