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131571 2 3 4 5 6 7 8 9 RESOLUTION NO. 13,157 A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO EXECUTE A LICENSE TO ENTERGY ARKANSAS, INC., TO ALLOW IT TO PROVIDE ADDITIONAL POWER TO THE ADAMS FIELD TREATMENT PLANT; AND FOR OTHER PURPOSES. WHEREAS, Little Rock Wastewater is in the process of upgrading a blower at the Adams Field Treatment Plant that has been in service since 1973 with a more energy - efficient blower; 10 and 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 WHEREAS, the City desires to provide a license to Entergy Arkansas, Inc., for the delivery of additional power for the blower at the Adams Field Treatment Plant. 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 execute a license, substantially in the form attached as Exhibit A, which has been approved by the City Attorney, to Entergy Arkansas, Inc., as described below, to allow the construction and maintenance of electric power facilities. Section 2. The licensed property is more particularly described as follows: A part of the NWt /4 of Section 8, T -1 -N, R -11 -W, Pulaski County, Arkansas, said License being 5 feet left of and 5 feet right of the following described centerline: Commencing at the SE corner of said NW t/4 of Section 8, thence N39 °07'E, a distance of 573.2 feet; thence N52 °22'W, a distance of 320.6 feet; thence N52 °3 1'W, to a found t /2" rebar, a distance of 1018.1 feet; thence N84 °44'W, to a found concrete monument, a distance of 1091.2 feet, thence N 1 °09' W, a distance of 332.8 feet; thence N32 °05'E, a distance of 231.6 feet; thence S58 °31'E, a distance of 230.1 feet; thence S58 °34'E, to an existing power pole, a distance of 208.4 feet, for the Point of Beginning of said centerline; thence N80 °54'E, a distance of 64.0 feet; thence S58 °29'E, a distance of 8.0 feet to the point of termination of said centerline containing 689 square feet more or less. Section 3. 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 RESOLUTION To authorize a license to Entergy for the Adams Field Treatment Plant [PAGE 1 OF 41 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 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. Section 4. 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: July 6, 2010 A TEST: APPROVED: Susa ngl , City Clerk Mark Stodola, Mayor APPROVED AS TO LEGAL FORM: Thomas M. Carpenter, City torney // // // RESOLUTION To authorize a license to Entergy for the Adams Field Treatment Plant [PAGE 2 OF 4] 1 EXHIBIT "A" 2 3 LICENSE 4 1 TO 5 ENTERGY ARKANSAS, INC. 6 FOR 7 ELECTRIC POWER FACILITIES 8 9 The City of Little Rock, for the use and benefit of the Little Rock Sanitary Sewer Committee, 10 ( "City "), acting through its City Manager pursuant to the authority given by its Board of 11 Directors in Little Rock, Ark. Resolution No. , ( , 2010), hereby issues a 12 license to Entergy Arkansas, Inc. ( "Licensee ") to use the below- described property ( "Property ") 13 for electric power facilities until such time as the City revokes the license. The City retains the 14 right to revoke the license. During the period of the license, the Licensee is authorized to use the 15 Property for the location, construction, reconstruction, improvements, repairs, operation, 16 inspection, patrol, replacement and maintenance of electric power and communication facilities, 17 or the removal thereof, now or in the future, including, but not necessarily limited to, poles, cross 18 arms, insulators, wires, cables, conduits, hardware, transformers, switches, guy wires, anchors 19 and other equipment, structures, material and appurtenances, now or hereafter used, useful or 20 desired in connection'therewith by the Licensee over, across, under or on that land of the City in 21 the County of Pulaski, State of Arkansas described as follows, to wit: 22 23 LEGAL DESCRIPTION OF PROPERTY 24 25 A part of the NWl /4 of Section 8, T -1 -N, R -11 -W, Pulaski County, Arkansas, said 26 licensed Property being 5 feet left of and 5 feet right of the following described 27 centerline: 28 29 Commencing at the SE corner of said NW 1/4 of Section 8, thence N39 °07'E, a 30 distance of 573.2 feet; thence N52 °22'W, a distance of 320.6 feet; thence 31 N52 °3 1'W, to a found 1/2" rebar, a distance of 1018.1 feet; thence N84 °44'W, to a 32 found concrete monument, a distance of 1091.2 feet, thence N1 °09' W, a distance 33 of 332.8 feet; thence N32 °05'E, a distance of 231.6 feet; thence S58 °31'E, a 34 distance of 230.1 feet; thence S58 °34'E, to an existing power pole, a distance of 35 208.4 feet, for the Point of Beginning of said centerline; thence N80 °54'E, a 36 distance of 64.0 feet; thence S58 °29'E, a distance of 8.0 feet to the point of 37 termination of said centerline containing 689 square feet more or less. 38 39 The City agrees, during the period the license is in effect, to provide the Licensee with the right 40 of ingress and egress to and from said Property across the adjoining land of the City and the right 41 to attach wires and cables of any other party, with such party's permission, to Licensee's 42 facilities. 43 The Licensee shall have the full and continuing right to clear and keep clear vegetation within or 44 growing into said Property and the further right to remove or modify from time to time trees, [PAGE 3 OF 4] RESOLUTION To authorize a license to Entergy for the Adams Field Treatment Plant I limbs, and vegetation outside the said Property which Licensee considers a hazard to any of its 2 electric power or communications facilities or a hazard to the rendering of adequate and 3 dependable service to the City or any of Licensee's customers, by use of a variety of methods 4 used in the vegetation management industry. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 The City shall not construct or permit the construction of any structure, obstruction or other hazard within the said Property, including but not limited to, house, barn, garage, shed, pond, pool or well, excepting only the City's fence(s) and the Licensee's facilities. The City shall not construct or permit the construction of any buildings or other structures on land adjoining said Property in violation of the minimum clearances from the lines and facilities of the Licensee, as provided in the National Electrical Safety Code. ATTEST: Susan Langley, City Clerk RESOLUTION To authorize a license to Entergy for the Adams Field Treatment Plant [PAGE 4 OF 4] Bruce T. Moore, City Manager