1966RESOLUTION NO. ~ ~ ~°
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO ENTER INTO THE TERMINATION AND ASSIGNMENT
AGREEMENT WITH THE CO-OWNERS OF THE INDEPENDENCE
STEAM ELECTRIC STATION 2 COAL-FIRED POWER PLANT, AND
FOR OTHER PURPOSES
WHEREAS, the City of West Memphis, Arkansas /West Memphis Utilities
Commission is a co-owner in the Independence Steam Electric Station 2 (ISES 2),
together with Entergy Arkansas, Inc.(EAI); Entergy Mississippi Inc. (EMI); Entergy
Power Inc. (EPI); Arkansas Electric Cooperative Corporation (AECC); the Conway
Corporation/City of Conway, Arkansas; the City of Osceola, Arkansas; the City Water &
Light Plant of Jonesboro, Arkansas and the East Texas Electric Cooperatives Inc.
(ETEC); and
WHEREAS, all of the Co-owners are parties to the ISES Ownership and
Operating Agreements respective to their ownership shares in ISES 2; and
WHEREAS, the Bank of New York Melon (BNY), as the owner and trustee for
co-owner AECC under a Trust Agreement dated December 4, 1984, with respect to a
beneficial interest in ISES 2 is transferring all of its interest in ISES 2 to AECC; and
WHEREAS, Section 12.1 of the ISES Ownership Agreement provides that
before any other co-owner can assign or transfer interest of ISES to another party,
consent is required from the other co-owner parties; and
WHEREAS, the Termination and Assignment Agreement at issue under this
Resolution, attached hereto as Exhibit A, allows the City of West Memphis /West
Memphis Utilities Commission to consent to such transfer; and
WHEREAS, it has been recommended that it is in the interest of all of the co-
owners to consent to the transfer and assignment of rights from BNY to AECC in ISES;
and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS, ARKANSAS:
SECTION 1. That the Mayor and City Clerk are hereby authorized to enter into
and execute the Termination and Assignment Agreement with the remaining co-owners
in ISES, and the Mayor is hereby authorized to make any modifications, amendments or
changes that maybe necessary in the ongoing process of finalization of the contract
terms. Said agreement is hereby approved and is attached hereto and incorporated as
Exhibit A.
SECTION 2. That this Resolution shall be in full force and effect from and after
its passage and approval.
PASSED:
~ ,~/EE....~ ~iT
APPROVED
~~ -~.r..._..,
Mayor
APPROVED AS TO FORM: ATTEST:
rty Clerk
RECEIVE®
City Clerk's Office
Date/Time i ~ ~= ~~~
By
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