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HomeMy Public PortalAbout003-2011 - Authorizing Saum to enter into BORESOLUTION NO. 3 -2011 A RESOLUTION OF THE BOARD OF DIRECTORS RICHMOND POWER & LIGHT COMPANY AUTHORIZING EXECUTION OF REFUSE FUELED GASIFICATION FACILITY CONSTRUCTION AND OPERATING AGREEMENT WHEREAS, the City of Richmond, Indiana owns and operates its own electric utility, Richmond Power & Light Company (hereinafter "RP &L "), under the supervision and control of the Board of Directors (hereinafter "Board ") of RP &L, under I.C. 8- 1.5 -3 -4; and WHEREAS, RP &L, through its employees and representatives, have negotiated a Refuse Fueled Gasification Facility Construction and Operating Agreement (the "Contract ") pursuant to which Cate Street Capital, Inc. and Life Cycle Energy LLC will construct and own a refuse fueled gasification facility (the "Facility ") that will ensure generating turbines currently owned by RP &L continue producing electricity and providing benefits to Richmond, Indiana; and WHEREAS, other agreements are contemplated in the Contract, including a ground lease of RP &L property on which the Facility is situated, a transmission services agreement for use of RP &L's transmission facilities with which the Facility will be interconnected, an asset purchase agreement providing for transfer of certain RP &L property a services agreement whereby RP &L employees will operate the Facility and an interim lease enabling RP &L to continue operating certain infrastructure during construction of the Facility; and WHEREAS, the Board has reviewed the Contract and consulted with legal counsel regarding the Agreement; and WHEREAS, I.C. 5- 23 -6 -1 grants the Board to authority to approve entry into a public - private agreement in excess of five (5) years. NOW, THEREFORE, be it ordained by the Board of Directors of Richmond Power & Light as follows: Section 1. The Board hereby approves the Contract, including the proposed term which is in excess of five (5) years. Section 2. The Board authorizes Steve Saum, in his role as General Manager of RP &L, to execute the Contract on behalf of RP &L. Section 3. The Board further authorizes Steve Saum, in his role as General Manager of RP &L, to execute other ancillary agreements necessary to effectuate the intention of the Contract. Passed and Adopted this _ 1 st day of August, 2011, by the Board of Directors of Richmond Power & Light. BOARD OF DIRECTORS OF RICHMOND POWER & LIGHT S/S Bruce Wissel Bruce Wissel, Chairman RPL Board S/S J. Clayton J. Clayton Miller, Vice - Chairman RPL Board S/S Jack Elstro Jack Elstro, Member S/S Kelley Cruse- Nicholson Kelley Cruse- Nicholson, Member S/S Bing Welch Bing Welch, Member S/S Larry Parker Larry Parker, Member S/S Diana Pappin Diana Pappin, Member S/S Phil Quinn Phil Quinn, Member S/S Bob Goodwin Bob Goodwin, Member Attest: S/S Karen Chasteen Karen Chasteen, Recording Secretary 2