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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