2184ORDINANCE NO. 2184
AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE
CONSTRUCTION OF INFRASTRUCTURE IMPROVEMENTS
FINANCED THROUGH AN ADEC GRANT FOR THE LOCATION OF A
CERTAIN WAREHOUSING/DISTRIBUTION PROJECT FOR J. M.
SMUCKERS CO./DSC LOGISTICS, DECLARING AN EMERGENCY,
AND FOR OTHER PURPOSES.
WHEREAS, Arkansas Code Annotated Section 14-58-303 authorizes the waiving of
competitive bidding in exceptional situations where competitive bidding is deemed not feasible
or practical; and
WHEREAS, the Arkansas Economic Development Commission has committed up to
$500,000 to the City of West Memphis to be used specifically for infrastructure improvements in
connection with a certain warehousing/distribution project for J.M. Smuckers Co./DSC
Logistics; and
WHEREAS, the infrastructure improvements for the warehousing/distribution project
are to be provided by Standard Builders, Inc.; and
WHEREAS, the City Council determines that competitive bidding should be waived for
the reason that ADEC has specifically committed up to $500,000 to be applied by the City of
West Memphis to infrastructure improvements for this certain warehousing/distribution project
for J.M. Smuckers Co./DSC Logistics to be provided by Standard Builders, Inc., and that the
immediate construction of the infrastructure improvements are necessary for the location of the
project 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 THAT:
SECTION 1. Competitive bidding is hereby waived for the construction of
infrastructure improvements to be provided by Standard Builders, Inc., in an amount of up to
$500,000 as committed to the City of West Memphis by the Arkansas Economic Development
Commission for the location of a certain warehousing/distribution project for J.M. Smuckers
Co./DSC Logistics in West Memphis, Arkansas.
SECTION 2. All Ordinances or parts of Ordinances in conflict herewith are hereby
repealed.
SECTION 3. EMERGENCY CLAUSE. It having been found and determined by the
City Council of the City of West Memphis, Arkansas, that an urgent and immediate need exists
to make infrastructure improvements to certain facilities in order to accomodate the location of
the certain warehousing/distribution project for J.M. Smuckers Co./DSC Logistics and that such
infrastructure improvements must begin prior to the expiration of thirty days from the passage of
this ordinance, an emergency is hereby declared, and this ordinance being necessary for the
preservation of the 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 ~ day of grar i 1 , 2008.
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WILLIAM H. JOHN ON, MAYOR
ATTEST:
PH LIP ,CITY CLERK
Ordinance No. a ~ g
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SPONSORED BY:
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Ordinance No. ~/ 9 y
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