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 .