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131641 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 RESOLUTION NO. 13,164 A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO EXECUTE A MODIFIED 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 adopted Little Rock, Ark., Resolution No. 13,126 ( "LRR 13,126 ") on May 4, 2010, authorizing the City Manager to execute a Consent Agreement to permit Entergy Arkansas, Inc. ( "Entergy "), to occupy a City right -of -way for the purposes of constructing an electric transmission line across the said right -of -way; and WHEREAS, subsequent to the adoption of LRR 13,126, it was determined that there is a need to modify the legal description of the said right -of -way and that the Consent Agreement should be re- approved and re- executed; and WHEREAS, the City has an existing right -of -way in West Little Rock previously granted by Deltic Timber Corporation Deltic's predecessors in interest 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, relocation of this Entergy transmission line will allow the construction of the new St. Vincent Medical Facility in West Little Rock to proceed as planned; and WHEREAS, the Chief Executive Officer of Little Rock Wastewater has been duly author- ized 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 879486 -v1 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 consent agreement, including a corrected legal description for the right -of -way, 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 unconstitu- tional were not originally a part of the resolution. Section 3. Repealer. All laws, ordinances, resolutions, or parts of the same, that are incon- sistent with the provisions of this resolution are hereby repealed to the extent of such inconsis- tency. ADOPTED: July 13, 2010 ATTEST: 5 ' � Susan Jangliey, City Clerk APPROVED AS TO LEGAL FORM: Thomas M. Carpenter, City\Attorney // // // Resolution to reauthorize consent agreement with Entergy and Deltic [PAGE 2 OF 2] APPROVED: e� Mark Stodola, Mayor