1596ORDINANCE NO. I_~(o
AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE
PAYMENT OF CROP DAMAGES AND RENT FOR TEMPORARY
CONSTRUCTION EASEMENTS NECESSARY FOR THE WEST MEMPHIS
FLOOD PROTECTION PROJECT, 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 Flood Protection Project required
the acquisition and use of temporary construction easements on
property farmed by Wyanoke Plantation, Inc., (hereinafter
"Wyanoke"); and
WHEREAS, the City has negotiated with Allen Cox, III, of
Wyanoke for the payment of compensation for loss of crops and
rent resulting from the acquisition and use of the temporary
construction easements, and
WHEREAS, the real property necessary for the project is
unique and available from a sole source and it would not be
feasible or practical to require competitive bidding for the
,~ acquisition and use of the temporary construction easements and
any associated loss of crops and rent; and
WHEREAS, the City and Wyanoke have agreed to resolve all
issues of compensation for the acquisition and use of the
temporary construction easements and the loss of crops and rent
on property farmed by Wyanoke for the payment to Wyanoke in the
total amount of $7,991.15, which amount includes all crop loss
and rent as set out in the correspondence dated May 28, 1992 and
RECEIVED
CIfY CLERK OFFICE
DATE g Q 3 ~ ~„d~
~iwrw- ~a.~,,~.rQ ~.ec fz..P~-.J
June 11, 1992, copies of which are attached hereto, together
with $1,200.00 for 1993 crop loss;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS, ARKANSAS:
1. That competitive bidding be waived for the payment to
Wyanoke Plantation, Inc., of $7,991.15 for all loss of crops and
rent associated with the ac uisition and use of tem orar
~w q p Y
construction easements for the West Memphis Flood Protection
Project. Competitive bidding is being waived for the reason that
the real property required for these easements is unique and is
available from a sole source, and it would not be feasible or
practical to require competitive bidding for the acquisition and
use of these temporary construction easements and the payments
of any related loss of crops and rent.
2. EMERGENCY CLAUSE. It having been found and determined by
the City Council of the City of West Memphis, Arkansas, that
there is an urgent and immediate need by the City of West
,, Memphis to provide compensation for the acquisition and use of
` temporary construction easements for the West Memphis Flood
Protection Project and any associated loss of crops and rent to
avoid the possibility of protracted and expensive litigation, an
emergency is hereby declared to exist, and this ordinance being
necessary for the preservation of the public peace, health,
safety and welfare of the citizens of West Memphis, Arkansas,
shall be in full force and effect from and after the date of its
passage and approval.
2 RECEIVS:~ _
CITYBCLERK OFFICE
~~ awe ~ tu.~.-+.~
PASSED AND APPROVED this ~ day of ~a.o'~-exnbo~/ , 1993.
KE$TH M. ~NGRAM, M'ayo~/
ATTEST: ` Y
DA T, i Cle
,, SPONSORED BY:
RECEIVED
GTY CLERK OFFICE
DATE L ® °~' oa
U
CNADD L. DURRETT, JR.
GERALD A. COLEMAN
LAW OFFICES
DURRETT AND COLEMAN
105 NORTH AVALON
P.O. BOX 1667
WEST MEMPHIS, ARKANSAS 72303
June 11, 1992
Allen Cox III
`~- ~ Wyanoke Plantation, Inc.
P.O. Box 1357
West Memphis, AR 72303
RE: West Memphis Flood Protection Project
Dear Allen:
TELEPNONE
(50t ) 795-9795
(501)785-9797
pAx M (aol) 79s-s7ao
According to the Engineer's calculations, you will lose 7.6
acres of planted milo due to the change in the course of the
ditch approaching the reservoir at Port Road. For this the
City will pay you the additional sum of $210.00 per acre, or
$1,612.80. This amount will be in addition to the amounts set
out in my letters to you of May 28, 1992 and June 5, 1992.
To recap these figures, they are as follows:
Guaranty Loan (16.8
Hassell (4.28 ac)
Franklin Real Estate
Cox
Rainer (2.51 ac)
Cox (7.68 ac additio
ac) $1,374.80
350.24
(11.9 ac) 915.00
1,154.71
15'4.40
nal) 1,612.80
$5,561.95
These amounts are in addition to the other compensation
mentioned in my letter to you of May 28, 1992, such as rent
and any loss of wheat at the AP&L site.
The City will not agree to pay in advance any compensation for
possible damages or expense required to get the easement back
into farming condition after the City's use of the temporary
easement is terminated. However, the City has agreed, and
will still agree, that the temporary easement will be restored
to farmable condition following the City's use.
Sincerely,
Chadd L. Durrett, Jr.
sts
cc: Keith Ingram
vWard Wimbish,
lAW OFFICES
DURRETT AND COLEMAN
105 NORTH AVALON
P.O. BOX 1667
WEST MEMPHIS, ARKANSAS 72303
CMADD L. DURRETT, JR.
GERALD A. COLEMAN
May 28, 1992
Mr. Allen Cox III
Wyanoke Plantation, Inc.
P.O. Box 1357
West Memphis, AR 72301
RE: West Memphis Flood Protection Project
Dear Mr. Cox:
TELEPHONE
(501) 735-3735
(501) 735-3737
FAx # (501) 7356790
I have finally been able to get the figures from the County
Extension Office at Marion on the average yields for beans and
milo, and the average operating cost per acre for each of
these crops. With these figures I have calculated the net
yield for each of the four tracts involved. I am herewith
enclosing copies of the calculations used and the net yield
for each of these tracts, plus an additional 25~ profit added
for each tract on the assumption that your farming operation
is better than the county average.
Based on these calculations, the City is willing to compensate
you in advance for crops you could have grown in the temporary
construction easement during the crop year 1992, as follows:
Guaranty Loan (16.8 ac) $1,374.80
Hassell (4.28 ac) 350.24
Franklin Real Estate (11.9 ac) 915.00
Cox 1,154.71
These calculations were based on information and figures
supplied me by the County Extension Office. Copies of this
information is herewith enclosed, including the Crittenden
County five year averages, the average operating cost per acre
for soybeans and average operating cost per acre for grain
sorghum.
Allen Cox
May 28, 1992
Page Two
I know that you are claiming to have lease rights to the AP&L
property, but according to AP&L your lease rights were
cancelled by AP&L by its letter to you of October 17, 1991, a
copy of which I am herewith enclosing. For this reason, I
cannot agree to any compensation for crop loss on any of the
AP&L property, with the exception of any loss you may suffer
to the wheat which is presently growing on AP&L's property.
If any of the wheat is damaged due to construction of the
reservoir, we will calculate your damages and compensate you
for any such loss.
In addition to compensating you for your projected crop loss
for the acreage within the temporary construction easements,
the City will reimburse you for any rent you have paid or will
have to pay to the land owners, including the $40.00 per acre
to the Cox Trust on the 14.55 acres of the Cox property.
According to my calculations, there are 30.73 acres, excluding
the Guaranty Loan property. This would amount to 51,229.20 in
rent. We will obtain from Guaranty Loan a letter guaranteeing
reimbursement to you of any rent you have paid on their 16.8
acres.
Additionally, the City will compensate you for the wheat you
lose at the AP&L site based on 44.8 bushels an acre at the
current market price, caithout any reduction for operation
costs since these costs have already been incurred by you.
I would point out to you that the normal damages for loss of
use of property under the laws of the State of Arkansas is the
fair rental value, not the projected loss of crops. However,
the City is willing to go the extra mile on this due to the
fact that your cooperation and assistance in this flood
project is highly valued.
Please let me hear from you as soon as you have had an
opportunity to review the enclosed figures. I would like to
move on to the issue of compensation for the permanent
easement acreage.
Sincerely,
Chadd L. Durrett, Jr.
sts
Enclosures
cc: Ward Wimbish
Mayor Keith Ingram