2044ORDINANCE NO. a- ~ y y
AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE
PURCHASE OF THE PROPERTY AT 523 AUBURN STREET
DECLARING AN EMERGENCY, 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 Federal Emergency Management Agency (FEMA) has made grant
funds available for the acquisition of property in floodplains that have suffered repetitive
flood losses; and
WHEREAS, the house at 523 Auburn Street was included in the grant application and
meets all FEMA requirements to be eligible for its program; and
WHEREAS, the house at 523 Auburn Street has been appraised at $93,500; and
WHEREAS, the Department of Emergency Management for the State of Arkansas
has authorized the City to offer the property owners, Patrick & Levolia Franklin, the
appraised value of the property, less $4,295 that the State Office of Emergency Services has
determined to be duplication of benefit payments; and
WHEREAS, the City wishes to pay the owners of 523 Auburn Street, Patrick &
Levolia Franklin, $89,205 for the property, and the City will pay all closing costs; and
WHEREAS, the City of West Memphis will demolish the house to remove it as a
future potential repetitive flood loss in accordance with FEMA's Hazard Mitigation Grant
Program and will maintain the property as perpetual open space;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS, ARKANSAS:
That competitive bidding be waived for the purchase of the property at 523
Auburn Street, and the owners Patrick &Levolia Franklin be paid $89,205 for
the property, and the City of West Memphis will pay all closing costs.
2. That the agreement between the City of West Memphis and Patrick &Levolia
Franklin is hereby approved and the Mayor and the City Clerk are hereby
authorized to execute the necessary purchase contract.
3. EMERGENCY CLAUSE: It having been found and determined by the City
Council of the City of West Memphis, Arkansas, that there is an urgent need to
complete this purchase as soon as possible so Mr. & Mrs. Franklin can meet
the contract provisions necessary to finalize the purchase of their new home,
and this Ordinance being necessary for the preservation of the public peace,
health, safety, and welfare of the citizens of West Memphis, Arkansas, shall
be in full force and effect from and after the date of its passage and approval.
PASSED AND APPROVED this 3 day of U' C-~z~~r' , 2002.
WILLIAM H. JOHNS ,Mayor
ATTEST:
PHI ,City Clerk