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AN ORDINANCE AUTHORIZING A CONTRACT WITH JONESBORO WATER & LIGHT COMPANY FOR STREET LIGHTS
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The City of Jonesboro agrees to and does rent from the Jonesboro Water and Light Company for a period of ten years from the date hereof, not less than forty arc lamps either direct or incandescent of not less than six ampere capacity. Each light to be located at such place in the streets as the City Council may direct, suspended over the street from thirty foot poles, or form arms projecting from poles erected on the sides of the streets. No light to be less than eighteen feet from the ground. Said lights to be burned from dark to daylight, bright moonlight nights excepted, and any night the said lights are not burning, and in the opinion of the Mayor should be burning, the said Jonesboro Water and Light Company shall obey his orders by turning on the lights.
Said City hereby agrees to pay the said Water & Light Company the sum of Seven Dollars for each light per month on or before the tenth day of the succeeding month, in United States currency; and in default of the payment of the sum for each lamp per month in United States currency, the said City agrees to pay the said Jonesboro Water & Light Company the sum of ten dollars per month in City warrants for each lamp until such time as it may be able to pay the sum of Seven Dollars in currency per lamp for each month.
If the said Jonesboro Water & Light Company fail to furnish the said lights as required by this contract or ordinance, for any night or nights, the amount to be paid for said lights on such night or nights shall be deducted from the rental, pro rata.
It is agreed by and between the said City and the said Jonesboro Water and Light Company that the street lighting contract may be renewed or extended at the end of ten years from the commencing of this contract.
The maximum rent charged private consumers shall not exceed the amount allowed and fixed by the ordinance granting Geo. W. Decker and his assigns the right to construct and maintain poles, wires, etc., upon the streets, and provided that the Jonesboro Water & Light Company may furnish and sell electricity by standard meter measure at a rate not to exceed fifteen cents per thousand watts, the minimum on meter in residence not to exceed One Dollar and Fifty Cents per month, provided the City Council may have the power to regulate the price of lights to the consumer according to the late law enacted by the last legislature.
It is hereby made the duty of the mayor and the Jonesboro Water and Light Company to enter into a contract within sixty days from the passage of this ordinance embodying the provisions of this ordinance, wherein each shall agree to comply with the terms hereof.
At the expiration of one year and of each succeeding year after this ordinance takes effect the City of Jonesboro shall have the right to purchase the system of lighting and waterworks, provided they or it notifies the said Jonesboro Water and Light Company of their intentions to purchase at least ninety days before the expiration of said period of one year.
The value of said system shall be ascertained as follows: The said Jonesboro Water & Light Company, and the Mayor and City Council, shall severally appoint one person; the two appointees shall choose a third, and the three thus chosen, who shall be hydraulic engineers, shall constitute a board to determine the value of the said light and water works systems, taking into consideration the running capacity. They shall within sixty days after the said Board has rendered decisions pay the amount awarded in cash, or in bonds of the City of legal issue and bearing the legal rate of interest. The failure to pay such award shall operate as a waiver to purchase for a period of one year. When the City may again give notice and purchase on the same terms.
This ordinance shall take effect and be in force from and after its passage.
No part of this ordinance shall be taken or construed in such manner as to prevent the City of Jonesboro, or the Council thereof, from granting rights to any person, firm or corporation, to construct, maintain or operate any kind of lighting plant for commercial lighting.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Passed and approved this 16th day of November, 1963