1552RESOLUTION NO. 5c~
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS, ARKANSAS,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A FIRST AMENDMENT
TO THE POWER COORDINATION, INTERCHANGE,
AND TRANSMISSION AGREEMENT BETWEEN THE
CITY OF WEST MEMPHIS, ARKANSAS, AND
ENTERGY ARKANSAS, INC.; AND FOR OTHER
PURPOSES.
WHEREAS, the City of WEST MEMPHIS and Entergy Arkansas, Inc. (EAI)
entered into a Power Coordination, Interchange, And Transmission Agreement
(PCITA) dated June 15, 1982, (with Addendum) and a Peaking Power
Agreement dated September 10, 1985, as amended, whereby the City of WEST
MEMPHIS purchases power and energy from EAI in excess of its ownership
interest in the White Bluff and Independence Steam Electric Stations; and
WHEREAS, the City of WEST MEMPHIS desires to amend the PCITA, as
amended, lower rates payable under the PCITA, extend the term of the PCITA
and for other purposes;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WE5T MEMPHIS, ARKANSAS:
Section 1. Based on the advice and recommendation of the WEST
MEMPHIS UTILITIES COMMISSION, the CITY COUNCIL of the CITY of WEST
MEMPHIS, Arkansas hereby finds and determines it to be in the best interests
of the CITY of WEST MEMPHIS to amend the PCITA with EAI.
Section 2. The Mayor and City Clerk are hereby authorized and directed
to execute the First Amendment to PCITA, between the CITY of WEST
MEMPHIS and EAI in a form substantially similar to that presented in the Exhibit
A attachment hereto. Additionally, the Mayor and City Clerk may execute any
additional and/or substitute Agreements, Addenda, or Letter Agreements, that
may be required to conform the PCITA to recently modified contract "form"
requirements of the Federal Energy Regulatory Commission's Orders 888 and
889 and Rules and Regulations promulgated thereunder, or otherwise to
conform the final agreements to the attached, and representations made by
Staff. Such modifications may not make substantive changes, and any
additional and/or substitute Agreements, Addenda, or Letter Agreements must
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be filed with the City Clerk. The Mayor and City Clerk ~rj- rely on advice of the
WEST MEMPHIS UTILITIES COMMISSION, its management, and counsel in
executing any additional and/or substitute Agreements, Addenda, or Letter
Agreements.
Section 3. This Resolution shall be in full force and effect from and after
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its passage and approval.
PASSED:
F'~BRu~Y 5' I q5 g
ATTEST:
APPROVED:
Mayor
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CITY Clerk