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1234. i ~1 y r RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS ELECTING TO CONTINUE PERFORMANCE UNDER A CERTAIN MEMORANDUM OF UNDERSTANDING DATED NOVEMBER, 1989 BY AND BETWEEN THE CITY OF WEST MEMPHIS, ARKANSAS AND ARKANSAS POWER AND LIGHT COMPANY; AND FOR OTHER PURPOSES WHEREAS, the City of West Memphis, Arkansas (City) and Arkansas Power and Light Company (AP&L) entered into a Memorandum of Understanding (MOU) dated November, 1989, which granted certain rights to the City to use the transmission grid of AP&L upon satisfaction of certain administrative approvals of transactions associated with the sale of AP&L interests in the Independence Steam Electric Station Unit 2 and Ritchie Steam Electric Station Unit 2 to a newly created subsidiary of the Entergy Corporation, Entergy Power, Inc.; and, WHEREAS, those regulatory approvals have all been obtained and there only remains to satisfy the MOU an Amendment to the Power Coordination, Interchange and Transmission Agreement currently subject of negotiation; and, WHEREAS, the City does not wish to waive any rights under the MOU it might have to utilize the extra high voltage and high voltage transmission grid of AP&L in the future; NOW THEREFORE, BE IT RESOLVED by the City Council of West Memphis, Arkansas; Section 1. The City hereby elects to continue performance under the MOU until such time as negotiations for an Addendum to the Power Coordination, Interchange and Transmission Agreement are completed, and such Addendum approved by the West Memphis City Council. Section 2. This Resolution shall be in full force and effect from and after its passage and approval. Section 3. The City Clerk shall cause a certified copy of this Resolution to be forwarded to AP&L, at its offices in Little Rock, Arkansas. PASSED: Drctr~ be r ?0 t 99t~ A PROVED: Ma or Keith Ing ATTEST: !I // City C1 2