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131261 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. 13,126 A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO EXECUTE A CONSENT AGREEMENT TO PERMIT ENTERGY ARKANSAS, INC., TO OCCUPY A CITY RIGHT -OF -WAY FOR THE PURPOSE OF CONSTRUCTION, OPERATION AND MAINTENANCE OF A 115kV TRANSMISSION LINE ON, OVER, AND ACROSS THE CITY RIGHT -OF -WAY GRANTED BY DELTIC TIMBER; AND FOR OTHER PURPOSES. WHEREAS, the City has an existing right -of -way in West Little Rock previously granted by Deltic Timber Corporation and used by Little Rock Wastewater; and WHEREAS, the City desires to give Entergy permission to occupy this right -of -way to deliver power to West Little Rock; and WHEREAS, this Entergy transmission line will allow the construction of the new St. Vincent Medical Facility in West Little Rock; and WHEREAS, the Chief Executive Officer of Little Rock Wastewater has been duly authorized by the Little Rock Sanitary Sewer Committee to sign the consent agreement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. Section 1. The City Manager is authorized to sign a consent agreement to permit Entergy to cross the City right -of -way (5.5617 acres) for the purpose of delivering additional power to West Little Rock and to permit construction of the new St. Vincent Medical Facility. A copy of the consent agreement is attached as Attachment A. Section 2. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of the resolution which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the resolution. RESOLUTION To permit for Entergy to cross City property to deliver power to West LR and St. Vincent [PAGE 1 OF 2] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Section 3. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent with the provisions of this resolution are hereby repealed to the extent of such inconsistency. ADOPTED: May 4, 2010 ATTES : f— ) — sa ngley, City Clerk APPROVED AS TO LEGAL FORM: Thomas M. Carpenter, i Attorney // // // // // // // // // // // // // RESOLUTION To permit for Entergy to cross City property to deliver power to West LR and St. Vincent APPROVED: I'll'IL-01— Mark Stodola, Mayor [PAGE 2 OF 21