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2002 • • RESOLUTION NO. 0©oa. A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A LETTER AGREEMENT WITH NRG POWER MARKING LLC IN ORDER TO ALLOW SAID COMPANY TO SUPPLY SUPPLEMENTAL POWER TO THE CITY OF WEST MEMPHIS, ARKANSAS; AND FOR OTHER PURPOSES WHEREAS,the City of West Memphis currently has an effective Power Supply Agreement with NRG Power Marking LLC (NRG),dated May 12, 2009 and amended May 5,2011 (collectively PSA); and WHEREAS,West Memphis Utilities management and Counsel recommend that the City of West Memphis enter into a Letter Agreement that amends the PSA for NRG to supply Supplemental Power to the City; and WHEREAS,West Memphis Utilities management and Counsel recommended to the West Memphis Utilities Commission (WMUC) that such Letter Agreement amendment to the PSA for NRG to supply Supplemental Powerds necessary is in the best interests of the City and its electric customers; and WHEREAS,on February Pi,2012 the WMUC recommended that the City authorize the Letter Agreement with NRG for the supply of supplemental power to the Mayor and City Council of West Memphis; and WHEREAS,the City Council finds that it is in the best interests of the City of West Memphis that the Letter Agreement with NRG for supplemental power be adopted, NOW THEREFORE,BE IT RESOVLED 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 the Letter Agreement amendment to the PSA 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 as Exhibit A. SECTION 2. That this Resolution shall be in full force and effect from and after its passage and approval. 1 A K PASSED AND APPROVED this day of Fbraaiy,2012. WILLIAM H.JOHNSON,MAYOR PASSED: )-tcw c.h 1 , 2 ATTEST: PH • ' • 'A,CITY CLERK 2