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Agenda 11/19/15 SPECIAL NOTE: PLEASE TURN OFF ALL CELL PHONES AGENDA WEST MEMPHIS CITY COUNCIL NOVEMBER 15, 2015 PRAYER: CALL TO ORDER: ROLL CALL: BID OPENING: WEST MEMPHIS UTILITIES-ANNUAL TREE TRIMMING AND AREA CLEARING OUT THE POWER LINES IN THE CITY OF WEST MEMPHIS-DAVID GOACHER MINUTES: APPROVE OR CORRECT MINUTES OF NOVEMBER 5, 2015 OLD BUSINESS: 2ND READING OF AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR THE PROPERTY LOCATED AT 401 GLEN BAILEY DRIVE,ALLOWING A 125' SELF SUPPORT COMMUNICATION TOWER IN AN I-1, INDUSTRIAL DISTRICT FOR CITY OF WEST MEMPHIS UTILITY COMMISSION 2ND READING OF AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR THE PROPERTY LOCATED AT 1950 PORT ROAD, ALLOWING A 125' SELF SUPPORT COMMUNICATION TOWER IN AN I-2, INDUSTRIAL DISTRICT FOR ENTERGY 2ND READING OF AN ORDINANCE TO AMEND SECTION 14.52.010 AND SECTION 14.52.050(B) OF THE WEST MEMPHIS MUNICIPAL CODE REGARDING WASTEWATER TREATMENT TO INCLUDE A DEFINITION OF"PHARMACEUTICAL DRUG" TO PROHIBIT THE DISCHARGE OF SPECIFIC ITEMS, INCLUDING PHARMACEUTICAL DRUGS,AND TO ESTABLISH A SURCHARGE FOR THE DISCHARGE OF WASTEWATER HAVING EXCESSIVE LEVELS OF BOD,TSS, OR OIL AND GREASE, TO MAKE TECHNICAL REVISIONS, AND FOR OTHER PURPOSES NEW BUSINESS: R-1 A RESOLUTION CERTIFYING THE AMOUNTS OF LIENS IMPOSED ON CERTAIN PROPERTIES FOR DEMOLITION CONTRACTED BY THE CITY OF WEST MEMPHIS PURSUANT TO ORDINANCE 1141 R-2 A RESOLUTION APPROVING AN EASEMENT FOR UNDERGROUND FACILITIES FROM THE CITY OF WEST MEMPHIS TO DIAMOND PIPELINE, LLC,AUTHORIZING THE MAYOR AND THE CITY CLERK TO SIGN THE EASEMENT OF BEHALF OF THE CITY OF WEST MEMPHIS,AND FOR OTHER PURPOSES R-3 A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF WEST MEMPHIS TO UTILIZE FEDERAL-AID FUNDS FOR TIM DELTA REGIONAL RIVER PARK TRAIL PROJECT 0-1 AN ORDINANCE TO WAIVE COMPETITIVE BIDDING ON PROFESSIONAL ACCOUNTING SERVICES,AND FOR OTHER PURPOSES 0-2 AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR CONSULTING SERVICES FOR THE CITY OF WEST MEMPHIS ECONOMIC DEVELOPMENT TO BE PROVIDED BY GASKILL STRATEGIES, LLC. AND FOR OTHER PURPOSES PAGE 2 AGENDA WEST MEMPHIS CITY COUNCIL NOVEMBER 19,2015 0-3 AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE PROFESSIONAL CONSULTING SERVICES IN REGULATORY AND OTHER MATTERS TO BE PROVIDED BY DAVID WILSON,AND FOR OTHER PURPOSES 0-4 AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE PROFESSIONAL CONSULTING SERVICES IN REGULATORY AND OTHER MATTERS TO BE PROVIDED BY A.J.ROWE AND ASSOCIATES, INC., AND FOR OTHER PURPOSES 0-5 AN ORDINANCE WAIVING COMPETITIVE BIDDING ON DENTAL INSURANCE AND FOR OTHER PURPOSES 0-6 AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR CONSULTING SERVICES AND ADVERTISING AND PROMOTION FOR THE CITY OF WEST MEMPHIS AND THE WEST MEMPHIS ECONOMIC DEVELOPMENT TO BE PROVIDED BY RED DELUXE,LLC,AND FOR OTHER PURPOSES 0-7 AN ORDINANCE TO WAIVE COMPETITIVE BIDDING FOR THE PURCHASE OF MOTOR FUEL,AND FOR OTHER PURPOSES 0-8 AN ORDINANCE TO WAIVE COMPETITIVE BIDDING FOR ECONOMIC DEVELOPMENT SERVICES,APPROVING A CONTRACT BETWEEN THE CITY OF WEST MEMPHIS AND THE WEST MEMPHIS CHAMBER OF COMMERCE,AND FOR OTHER PURPOSES 0-9 AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR AERIAL SPRAYING, GROUND SPRAYING AND OTHER MOSQUITO CONTROL EFFORTS,AND FOR OTHER PURPOSES PERMISSION REQUEST: COMMITTEE REPORTS: APPOINTMENTS: ANNOUNCEMENTS: CITIZENS REQUEST: ADJOURNMENT: RESOLUTION NO. R,— A RESOLUTION CERTIFYING THE AMOUNTS OF LIENS IMPOSED ON CERTAIN PROPERTIES FOR DEMOLITION CONTRACTED BY THE CITY OF WEST MEMPHIS PURSUANT TO ORDINANCE 1141. WHEREAS, Ordinance No. 1141,passed by the City Council of the City of West Memphis,Arkansas, the 15th day of September, 1983,provided that before the City Council may impose a lien: and WHEREAS,the amount of the lien herein provided may be determined at a hearing before the City Council held after thirty(30) days written notice by certified mail to the owner or owners of the property, if the name and whereabouts of the owners be known, and if the name of the owner or owners cannot be determined, than after publication of notice of such hearing in a newspaper having a bona fide circulation in Crittenden County for one (1) insertion per week for four(4)consecutive weeks: the amount so determined at said hearing plus ten per centum(10%)penalty for collection, shall be certified by the City Council to the Crittenden County Tax Collector,and by him placed on the tax books as delinquent taxes, and collected accordingly, and the amount, less three (3%)per centum thereof, when so collected shall be paid to the City of West Memphis, Arkansas. WHEREAS, upon due notice a hearing was held before the City Council on November 19, 2015 for the purpose of determining the amount of liens to be imposed on the herein described properties. THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS,ARKANSAS that the following described properties shall have a lien imposed for demolition of structures performed by the City of West Memphis pursuant to Ordinance 1141, as shown in Attachment"A". PASSED AND APPROVED THIS ,DAY OF ,2015. WILLIAM H.JOHNSON,MAYOR ATTEST: PHILLIP PARA,CITY CLERK RECEIVED City Clerk's Offie+e Date/-Time it-6-if Demo Reso. # Attachment"A" Property Owner(s) Legal Description Lien Amount Bobby J. Smith& Mary Bogan 500 N. 11th Street $ 1,691.39 Lot 5, Blk. 31 M L Thompsonlst Charles Waterford 409 S. 10th Street $ 1, 438.89 Lot 23,Blk. 75 Kendal Jeffery M.Wilson Jr. 624 S. 13th Street $ 2,297.39 Lots 13-14,Blk. 98 Kendal Benetria Gist 111 S. 17th Street $ 2,499.39 Lots 23-24,Blk. 43 Kendal Gwendolyn Hightower 300 S. 17th Street $3,307.39 Lots 1-3,Blk. 147 Kendal Ernest Colford 313 S. 18th Street $ 1,590.39 Lots 25-26,Blk. 147 Kendal Vulver Mae Smith 501 S.25th Street $ 1,842.89 Lot 4,Blk.2 Kendal 3rd Leslie Harris &Jessie Walton 2505 Autumn $ 2,600.39 Lot 12,Blk. 2 Kendal 4th Amelia Turner 2904 Dickson $3,004.39 Lot 23,Blk.3 Rich Eastern 3rd Demo Reso. # Attachment"A" Property Owner(s) Legal Description Lien Amount Charlie Robinson 2608 E. Jackson $ 2,549.89 Lot 20, Blk. 3 Kendal 4th Broadway Mobil Hm. Pk. LLC 2520 Tyler Cr $ 1,590.39 Lot 10 Broadway Park 3rd Jack McClain 1902 E. Van Buren $2,701.39 Lot 31,Blk. 153 Kendal Broadway Estates LLC 307 Westree $ 1,085.39 Lot 1, Blk. 1 Broadway Park 4th Broadway Estates LLC 309 Westree $ 1,085.39 Lot 2,Blk. 1 Broadway Park 4th RESOLUTION NO. R-'9. A RESOLUTION APPROVING AN EASEMENT FOR UNDERGROUND FACILITIES FROM THE CITY OF WEST MEMPHIS TO DIAMOND PIPELINE,LLC, AUTHORIZING THE MAYOR AND THE CITY CLERK TO SIGN THE EASEMENT ON BEHALF OF THE CITY OF WEST MEMPHIS,AND FOR OTHER PURPOSES. WHEREAS, Diamond Pipeline, LLC, is locating underground facilities for the transportation of any and all liquids, gases, solids, or any combination thereof, including but not limited to power and communication equipment and related facilities, devices for control of pipeline corrosion and appropriate markers, and WHEREAS, Diamond Pipeline, LLC, has negotiated with the City of West Memphis for the acquisition of a nonexclusive easement to locate underground facilities on a portion of property owned by the City of West Memphis on the terms as set out in the attached easement; and WHEREAS,the West Memphis City Council finds that this easement for underground facilities is in the best interests of the City of West Memphis and that it should be approved and the Mayor should be authorized to sign the easement on behalf of the City of West Memphis; NOW,THEREFORE,BE IT RESOLVED BY THE WEST MEMPHIS CITY COUNCIL THAT the Easement for Underground Facilities between the City of West Memphis and Diamond Pipeline, LLC, is hereby approved and the Mayor and City Clerk are hereby authorized to execute the easement on behalf of the City of West Memphis. ADOPTED this day of , 2015. ATTEST: WILLIAM H. JOHNSON, MAYOR PHILLIP PARA, CITY CLERK RECEIVED NOV 12 2015 CITY OF WEST MEMPHIS CITY RK'S OFACK AFE No. 18275 2032-AR-CR-0025.00520 Prepared By: Percheron Field Services, LLC 1904 West Grand Parkway North, Suite 200 Katy, Texas 77449 RIGHT OF WAY AND EASEMENT GRANT THE STATE OF ARKANSAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF CRITTENDEN § The undersigned, City of West Memphis, Arkansas, a municipality organized and existing under the laws of the State of Arkansas,whose mailing address is P. O.Box 1728, 205 South Redding, West Memphis, Arkansas 72303, (hereinafter called "GRANTOR"), in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,does hereby grant,convey and warrant to Diamond Pipeline LLC, doing business as DP Pipeline LLC, a Delaware limited liability company, whose mailing address is P.O. Box 4648, Houston, Texas 77210-4648, its successors and assigns, (hereinafter called "GRANTEE"), a perpetual right of way and easement to survey, clear and excavate for,construct,operate,maintain,protect,repair, inspect, change the size of,test and patrol (by surface or air) or remove one pipeline and appurtenances thereto, for the transportation of any and all liquids, gases, solids, or any combination thereof, including but not limited to power and communication equipment and related facilities, devices for control of pipeline corrosion and appropriate markers, together with the right of ingress and egress to and from said right of way and easement, described on Exhibit A, attached hereto and made a part hereof, for the purposes herein granted on, over, upon, under and across the lands of the GRANTOR lying in the County of Crittenden, State of Arkansas, described herein, to wit: 1.10 acres lying in Section 25,Township 6 North,Range 8 East,Crittenden County, Arkansas, being more particularly described in that certain Warranty Deed, dated February 9, 1995, from Allen Cox, III, Trustee, on behalf of Robert L. Cox, Mary Cox Garner and Allen Cox, III, recorded in Volume 851, Page 327, of the Deed of Records of Crittenden County, Arkansas, to which reference is herein made for a more complete description. Page 1 of 5 TO HAVE AND TO HOLD said Right of Way and Easement Grant and the privileges thereof unto said GRANTEE until GRANTEE shall release same by an instrument in writing duly recorded, subject to the following terms and conditions: 1. The right of way during construction shall be one hundred (100) feet wide. After construction is completed, the right of way shall be fifty (50) feet wide with the initial pipeline being constructed within the said fifty(50) feet. If the route of the pipeline to be constructed hereunder should cross any roads, railroads, creeks, rivers or other waterways located on the above described land or other places requiring extra working space, GRANTEE shall have the right of temporary access to additional working space which may be necessary for the construction in which event GRANTEE shall pay GRANTOR for any damages suffered by GRANTOR, as set forth in Paragraph 9 herein, due to GRANTEE'S use of said additional working space. 2. GRANTEE shall have the right, from time to time, to maintain said right of way and easement by removing, mowing or cutting all trees, limbs, weeds, undergrowth and brush which, in the judgment of GRANTEE, might endanger or interfere with the exercise by GRANTEE of the rights, privileges, and easement herein granted. 3. The right of way and easement and the privileges herein granted are each divisible, transferable and assignable, in whole or in part,together with full rights of ingress and egress thereupon and thereto, may vest in one or more persons, firms or corporations, jointly or separately. 4. The grant of said right of way and easement and the privileges thereof shall not exclude GRANTOR from enjoying and using said lands as heretofore used in any way that does not interfere with the said use of the right of way and easement herein granted for the purposes aforesaid and any pipeline constructed under this grant shall be buried to such depths as will not interfere with normal cultivation methods. 5. Prior to cutting any fence, GRANTEE shall brace the existing fence on both sides of the right-of-way adequately, and in such a manner that there should be no slackening of the wires;and while constructing through the fenced area,GRANTEE shall maintain sufficient guard or deterrent to keep cattle, livestock or wild life from crossing one fenced pasture to another. 6. GRANTEE may install a gate in all fences along the right-of--way for its use in accessing the right-of-way at all times. Any gate installed by GRANTEE shall be an oil field type gate consisting of one sixteen foot(16') pipe gate, except in the case of a high fence area where a proper high fence gate shall be installed. All gates used by GRANTEE in connection with its operations under this Agreement shall be kept locked at all times, except when passing through it. Page 2 of 5 7. GRANTEE shall restore the land as soon as practicable after the pipeline is completed. Restoration shall be made as near practicable to the condition when GRANTEE first entered onto the land 8. In the event that the pipeline of GRANTEE shall not be maintained for the purpose herein granted for a period of twenty-four consecutive months (24), then the GRANTEE shall have no further rights in the easement area except the right and privilege to remove its pipeline, in which case GRANTEE shall restore the surface of the easement area to as near as reasonably possible its condition prior to such removal. GRANTEE shall within six months (6) after the removal of said pipeline record a release, releasing all of its rights,title and interest in and to said easement. 9. GRANTEE shall pay GRANTOR and any tenant or lessee thereof, as their respective interest may appear, for damages which may arise to crops,trees, drain tile, fences and buildings on said lands from the exercise of any of the rights herein conferred. 10. No house,building,underground or above ground pipes and cables,engineering works, or other permanent structure, including, without limitation, any fences, driveways, roadways,trees, and impoundments, shall be erected or maintained by GRANTOR, its successors or assigns, its heirs or grantees, within the permanent easement without the express written consent of the GRANTEE, its successors or assigns. 11. This Agreement shall run with the land and be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. 12. It is hereby understood that the parties securing this right of way and easement on behalf of the GRANTEE are without authority to make any covenant or agreement not herein expressed. 13. GRANTEE shall indemnify and hold GRANTOR harmless from and against any and all loss,damage,liability,claims,demands,causes of action and expenses(collectively, "Losses"), including reasonable and verifiable attorneys' fees and expenses, for personal injury or damage asserted by any person or entity and resulting directly from the construction, maintenance,operation,repair, inspection,replacement or removal of the pipeline by GRANTEE,to the extent such Losses were not caused by the negligent or intentional actions of the GRANTOR, its agents, invitees, licensees, tenants, or employees. The parties agree in no event shall either be liable for special, exemplary, consequential or other indirect damages to the other and all such damages are hereby waived to the extent permitted by law. 14. GRANTEE at its own risk and expense shall provide liability insurance and name the City of West Memphis, Arkansas, as an additional insured in the minimum amount of TEN MILLION ($10,000,000.00) DOLLARS combined single limits covering property damage and bodily injury, with insurance companies satisfactory to the City of West Memphis, Arkansas, as will fully protect the Public Authorities from any and all claims for damages to property of persons, including death, which may arise from Page 3 of 5 GRANTEE'S of others performing operations for the GRANTEE on the premises under this Agreement, or adjacent thereto, whether such operations be by GRANTEE or by anyone directly or indirectly employed or licensed by GRANTEE or acting under GRANTEE'S authority or others. 15. GRANTOR represents and warrants to GRANTEE that GRANTOR is the full fee simple owner of the lands above described and that the rights or privileges granted to GRANTEE hereunder may be assigned in whole or in part. 16. This Agreement may be executed in several counterparts, each of which shall be an original of this Agreement but all of which,taken together, shall constitute one and the same Agreement and be binding upon the parties who executed any counterpart, regardless of whether it is executed by all parties named herein. Contact and Notification All notices shall be sent by United States registered or certified mail, return receipt requested, and shall be addressed to the parties at the address mentioned below or at such other address as the parties may direct. GRANTEE: Diamond Pipeline LLC Attn: Land Department P.O. Box 4648 Houston, Texas 77210-4648 Telephone: (713) 646-4100 GRANTOR: City of West Memphis, Arkansas P. O. Box 1728 205 South Redding West Memphis, Arkansas 72303 Page 4 of 5 • IN WITNESS WHEREOF, GRANTOR has signed, sealed and delivered this instrument this the day of , 2015. GRANTOR: City of West Memphis,Arkansas By: William Johnson, Mayor Attest: Phillip Para, City Clerk ACKNOWLEDGMENT STATE OF ARKANSAS § COUNTY OF CRITTENDEN § On this day of , 2015, before me, , a Notary Public, (or before any office within this State or without the State now qualified under existing law to take acknowledgements), appeared the within named William Johnson as Mayor for the City of West Memphis,Arkansas, and Phillip Para as City Clerk of the City of West Memphis to me personally well known(or satisfactorily proven to be such person),who executed and delivered said foregoing instrument for the consideration,uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of , 2015. NOTARY PUBLIC- STATE OF ARKANSAS My Commission Expires AFTER RECORDING RETURN TO: Diamond Pipeline Company, LLC 121 Radio Heights Searcy, AR 72143 Page 5 of 5 FEDERAL-AID PROJECT RESOLUTION RESOLUTION NO. R-_3 A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF WEST MEMPHIS TO UTILIZE FEDERAL-AID FUNDS FOR THE FOLLOWING CITY PROJECT: Delta Regional River Park Trail Project WHEREAS,the West Memphis MPO Policy Committee has recently approved Federal- aid Congestion Mitigation and Air Quality Improvement (CMAQ) Program funds for the project at the following Federal and City participating ratios,up to the maximum Federal-aid available: Type Work Work Phase Federal % City % Construction of City Projects Preliminary Engineering 0 100 Right-of-Way 80 20 Utilities 80 20 Construction 80 20 Construction Engineering 0 100 City projects programmed but not All Phases -0- 100 let to contract NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS,ARKANSAS, THAT: SECTION I: The City will participate in accordance with its designated responsibility in this project. SECTION II: The Mayor or his designated representative is hereby authorized and directed to execute all appropriate agreements and contracts necessary to expedite the construction of this City project. SECTION III: The City pledges its full support and hereby authorizes the Arkansas State Highway and Transportation Department to initiate action to implement this project. THIS RESOLUTION adopted this day of , 2015. William H. Johnson Mayor, City of West Memphis ATTEST: (SEAL) 1 /03 memPts c,rY ORDINANCE NO. 0"1 AN ORDINANCE TO WAIVE COMPETITIVE BIDDING ON PROFESSIONAL ACCOUNTING SERVICES, AND FOR OTHER PURPOSES. WHEREAS,Arkansas Code Annotated Section 14-58-303 allows waiving of competitive bidding in exceptional situations where such procedure is deemed not feasible or practical; and WHEREAS, the West Memphis Utility Commission requires professional accounting services for its annual audit and the Utility Commission has presently,retained the services of Jackson,Howell and Associates which firm is familiar with the finances and procedures of the Utility Commission and capable of providing the required accounting services; and WHEREAS, it would not be financially feasible or practical to conduct competitive bidding for such professional services; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: 1. That competitive bidding be waived for the following services to be used bythe City,described as follows: Professional accounting services for the 2015 annual audit of the West Memphis Utility Commission in the sum of approximately $ PASSED AND APPROVED this day of , 20 . WILLIAM H. JOHNSON, Mayor ATTEST: RECEIVED PHILLIP PARA, City Clerk NOV 13 2015 SPONSORED BY: crrY OF VVES MEMPHIS IS Y CLERK'S OFFICE ORDINANCE NO. O J a ' AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR CONSULTING SERVICES FOR THE CITY OF WEST MEMPHIS AND WEST MEMPHIS ECONOMIC DEVELOPMENT TO BE PROVIDED BY GASKILL STRATEGIES, LLC, AND FOR OTHER PURPOSES. WHEREAS,Arkansas Code Annotated Section 14-58-303 allows waiving of competitive bidding in exceptional situations where such procedure is deemed not feasible or practical; and WHEREAS, there are many items necessary for the City's use where competitive bidding is deemed not feasible or practical; and WHEREAS, the City of West Memphis and West Memphis Economic Development is in need of consulting services; and it would not be feasible or practical to require competitive bidding for such services under the present circumstances; NOW,THEREFORE,BE IT ORDAINED BY THE CITY'COUNCIL OF THE CITY OF WEST MEMPHIS,ARKANSAS: 1. That competitive bidding be waived,for the following item to be used by the City, described as follows: Consulting services for the City of West Memphis and West Memphis Economic Development to be provided by Gaskill Strategies, LLC. PASSED AND APPROVED this day of , 20 . WILLIAM H. JOHNSON, Mayor ATTEST: PHILLIP PARA, City Clerk SPONSORED BY: NOV 9:414M I' ORDINANCE NO. V AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE PROFESSIONAL CONSULTING SERVICES IN REGULATORY AND OTHER MATTERS TO BE PROVIDED BY DAVID WILSON, AND FOR OTHER PURPOSES. WHEREAS,Arkansas Code Annotated Section 14-58-303 allows waiving of competitive bidding in exceptional situations where such procedure is deemed not feasible or practical; and WHEREAS, there are many items necessary for the City's use where competitive bidding is deemed not feasible or practical; and WHEREAS,the West Memphis Utility Commission are in need of professional consulting services regarding regulatory and other matters; and it would not be feasible or practical to require competitive bidding for such services under the present circumstances; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS,ARKANSAS: 1. That competitive bidding be waived for the following item to be used by the City, described as follows: Professional consulting services for the West Memphis Utility Commission in regulatory and other matters to be provided by David Wilson. PASSED AND APPROVED this day of , 20 . WILLIAM H. JOHNSON, Mayor ATTEST: RECEIVED NOV 1 3 2015 PHILLIP PARA, City Clerk c& OF ERR nOFFIC CITY CLERK'S OFFIC' ORDINANCE NO. 0,.� AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE PROFESSIONAL CONSULTING SERVICES IN REGULATORY AND OTHER MATTERS TO BE PROVIDED BY A. J. ROWE AND ASSOCIATES, INC., AND FOR OTHER PURPOSES. WHEREAS, Arkansas Code Annotated Section 14-58-303 allows waiving of competitive bidding in exceptional situations where such procedure is deemed not feasible or practical; and WHEREAS, there are many items necessary for the City's use where competitive bidding is deemed not feasible or practical; and WHEREAS,the City of West Memphis and the West Memphis Utility Commission are in need of professional consulting services regarding regulatory and other matters;and it would not be feasible or practical to require competitive bidding for such services under the present circumstances; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS,ARKANSAS: 1. That competitive bidding be waived for the following item to be used by the City, described as follows: Professional consulting services for the City of West Memphis and the West Memphis Utility Commission in regulatory and other matters to be provided by A. J. Rowe and Associates, Inc. PASSED AND APPROVED this day of , 20 . WILLIAM H. JOHNSON, Mayor RECEIVED to ¶ 3 2015 CAIN C?F\NFS1MEMPHIS CITY CLERK'S^FElGc^ 'O ORDINANCE NO. o-b AN ORDINANCE WAIVING COMPETITIVE BIDDING ON DENTAL INSURANCE, AND FOR OTHER PURPOSES. WHEREAS,Arkansas Code 14-58-303 allows waiving of competitive bidding in exceptional situations where such procedure is deemed not feasible or practical; and WHEREAS,there are many items necessary for the City's use where competitive bidding is deemed not feasible or practical; and WHEREAS,the Insurance Committee has recommended renewal of the dental insurance for City employees and competitive bidding would not be feasible or practical; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS,ARKANSAS: 1. That competitive bidding be waived for the following item to be used by the City, described as follows: Dental insurance with Delta Dental for City employees to begin on January 1, 2016. Competitive bidding is being waived for the reason that the Insurance Committee has considered and recommended renewal of the present insurance and competitive bidding would not be feasible or practical. PASSED AND APPROVED this day of , 20 . WILLIAM H. JOHNSON, Mayor ATTEST: RECEIVED PHILLIP PARA, City Clerk 1 J 2015 CITY OF WEST MEMPHIS CITY CLERK'S OFFICE ORDINANCE NO. 0 419 AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR CONSULTING SERVICES AND ADVERTISING AND PROMOTION FOR THE CITY OF WEST MEMPHIS AND THE WEST MEMPHIS ECONOMIC DEVELOPMENT TO BE PROVIDED BY RED DELUXE,LLC, AND FOR OTHER PURPOSES. WHEREAS, Arkansas Code Annotated Section 14-58-303 allows waiving of competitive bidding in exceptional situations where such procedure is deemed not feasible or practical; and WHEREAS, there are many items necessary for the City's use where competitive bidding is deemed not feasible or practical; and WHEREAS,the City of West Memphis and the West Memphis Economic Development are in need of consulting services and advertising and promotion; and it would not be feasible or practical to require competitive bidding for such services under the present circumstances; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: 1. That competitive bidding be waived for the following item to be used by the City, described as follows: Consulting services and advertising and promotion for the City of West Memphis and the West Memphis Economic Development to be provided by Red Deluxe, LLC. PASSED AND APPROVED this day of , 20 . WILLIAM H. JOHNSON, Mayor RECEIVED NOV 13 2015 CITY OF WEST MEMPHIS. CITY CLERK'S OFFICE 23)149Ra iOR& ORDINANCE NO. 0-7 AN ORDINANCE TO WAIVE COMPETITIVE BIDDING FOR THE PURCHASE OF MOTOR FUEL, AND FOR OTHER PURPOSES. WHEREAS, Arkansas Code Annotated Section 14-58-303 allows waiving of competitive bidding in exceptional situations where such procedure is deemed not feasible or practical; and WHEREAS, there are many items necessary for the City's use where competitive bidding is deemed not feasible or practical; and WHEREAS, the price of motor fuel changes rapidly and suppliers are hesitant to quote prices in advance and competitive bidding under such circumstances would not be feasible or practical; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS,ARKANSAS: 1. That competitive bidding be waived for the following item to be used by the City, described as follows: Motor fuel purchases to be made by the Purchasing Agent,upon obtaining the lowest phone bids when motor fuel is needed, provided the Purchasing Agent gets at least three (3) separate bids and the bids be forwarded to the City Clerk to file with the Council minutes showing the name of the lowest bidder. This ordinance shall be void twelve (12) months after the date of passage. PASSED AND APPROVED this day of , 20 . WILLIAM H. JOHNSON, Mayor RECEIVED NOV 1 3 2015 CITY OF WEST MEMPHI;; C Y CLERK'S OFFICE '1 I , *0 IC: r),) f ORDINANCE NO. 0 r'V AN ORDINANCE TO WAIVE COMPETITIVE BIDDING FOR ECONOMIC DEVELOPMENT SERVICES, APPROVING A CONTRACT BETWEEN THE CITY OF WEST MEMPHIS AND THE WEST MEMPHIS CHAMBER OF COMMERCE, AND FOR OTHER PURPOSES. WHEREAS, Arkansas Code Annotated Section 14-58-303 allows waiving of competitive bidding in exceptional situations where such procedure is deemed not feasible or practical; and WHEREAS, there are many items necessary for the City's use where competitive bidding is deemed not feasible or practical; and WHEREAS, the West Memphis Chamber of Commerce and the City of West Memphis have proposed an agreement whereby the Chamber of Commerce agrees to provide economic development services for the City and the City agrees to provide funding for said services; and WHEREAS, it is hereby found and determined that it would not be feasible or practical to conduct competitive bidding for such services; NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: 1. Competitive bidding be waived for the employment of the West Memphis Chamber of Commerce to provide economic development services to the City of West Memphis in the sum of$10,000.00. Competitive bidding is being waived for the reason that competitive bidding of these services would not be feasible or practical and the West Memphis Chamber of Commerce has unique knowledge and experience in providing such services for the City of West Memphis. 2. The 2016 Agreement between the City of West Memphis and the West Memphis Chamber of Commerce, for economic development services is hereby approved, and the Mayor and the City Clerk are hereby authorized to execute said Agreement on behalf of the City of West Memphis. PASSED AND APPROVED this day of 20 WILLIAM H. JOHNSON, Mayor ATTEST: PHILLIP PARA, City Clerk SPONSORED BY: RECEIVED NOV 1' 3 f' a rTYnrWEs7mE ;,6r f ry CLERK'S , 117 / 'j � /6 ORDINANCE NO. q AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR AERIAL SPRAYING, GROUND SPRAYING AND OTHER MOSQUITO CONTROL EFFORTS, AND FOR OTHER PURPOSES. WHEREAS, Arkansas Code Annotated Section 14-58-303 allows waiving of competitive bidding in exceptional situations where such procedure is deemed not feasible or practical; and WHEREAS, there are many items necessary for the City's use where competitive bidding is deemed not feasible or practical; and WHEREAS, the City of West Memphis is in urgent and immediate need of aerial spraying, ground spraying and other mosquito control efforts to combat existing mosquito control problems throughout the city and to protect the health, safety and welfare of its inhabitants, and competitive bidding under such circumstances would not be feasible or practical; NOW,THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: 1. That competitive bidding be waived for the following item to be used by the City, described as follows: Aerial spraying, ground spraying and other mosquito control efforts to be conducted by Vector Disease Control, Inc., for 2016 at a cost of$160,372.80.. PASSED AND APPROVED this day of , 20 WILLIAM H. JOHNSON, Mayor ATTEST: PHILLIP PARA, City Clerk RECEIVED NOV 13 2015 CITY OF WEST MEMPHIS CITY CLERK'S OFFICE a/ 40 1 .