2421 ORDINANCE NO. a t 21
AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR
AND CITY CLERK TO ENTER INTO THE POWER SUPPLY
AGREEMENT WITH NRG POWER MARKETING, LLC., IN ORDER TO
ALLOW SAID COMPANY TO SUPPLY POWER FOR THE CITY OF
WEST MEMPHIS, DECLARING AN EMERGENCY, AND FOR OTHER
PURPOSES.
WHEREAS, A.C.A. § 14-203-115(b)provides:
For so long as any contract for the purchase of electric power and energy
is in effect, the rates, fees, and charges for electric power and energy
charged and collected by a municipality may be fixed to provide sufficient
revenues to secure payments of amounts due under the contract and to
comply with the terms of the contract. Any contract shall be approved by
ordinance of the governing body of the purchasing municipality, and the
ordinance shall be published one (1) time in a newspaper of general
circulation in the municipality. Any contest of the ordinance shall be
barred at the end of thirty (30) days after the ordinance is published.
and
WHEREAS, the current power supply agreement with NRG Power Marketing,
LLC, expires May 31, 2017; and
WHEREAS, the West Memphis Utility Commission (WMUC) issued a power
supply Request for Proposals (RFP) on May 26, 2016; and
WHEREAS, a number of bidders submitted proposals in response to the WMUC
RFP; and
WHEREAS, the Engineers and Counsel have recommended to the WMUC,
which has also recommended that the City Council authorize the contract with NRG
Power Marketing, LLC., for the supply of wholesale power; and
WHEREAS, the City Council finds that it is in the best interest of the City of
West Memphis that NRG Power Marketing, LLC., be chosen as said power supplier.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF WEST MEMPHIS, ARKANSAS:
SECTION 1. That the Mayor and the City Clerk are hereby authorized to enter
into the Power Supply Agreement with NRG Power Marketing, LLC., and the Mayor is
hereby authorized to make any modifications, amendments or changes that may be
necessary in the ongoing process of finalization of the contract terms. Said agreement is
hereby approved and is attached hereto and incorporated herein as Exhibit A.
SECTION 2. That this Ordinance is passed in full accordance and compliance
with Title 14 Chapter 203 of the Arkansas Code Annotated, codified at Ark. Code Ann.
§14-203-101, et seq., and accordingly is to be published one (1) time in a newspaper of
general circulation in the municipality. By law, any contest of the ordinance shall be
barred at the end of thirty (30) days after the Ordinance is published, in accordance with
Ark. Code Ann. §14-203-115(b).
SECTION 3. EMERGENCY CLAUSE. That it is found and determined by the
City Council of the City of West Memphis, Arkansas, that time is of the essence to
finalize this Agreement prior to the expiration of the current power supply agreement
hereby approved in the body of this Ordinance and that an emergency is declared to exist
and this Ordinance being immediately necessary for the preservation of the public peace,
health and safety of the population and therefore this Ordinance shall be in full force and
effect from and after its passage and approval.
PASSED AND APPROVED this 3rd day of November, 2016.
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WILLIAM H. JOHNSON, MAYOR
ATTEST:
I ARA, CITY CLERK
SPONSORED BY:
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RECEIVED
City Clerk's Office
DatefTime to-31 0. /b