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10204 •. °.4' RESOLUTION N0. (/' ~ a BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VJEST MEMPHIS, ARKANSAS: That the Mayor and City Clerk of the City of West Memphis, Arkansas, be and they are hereby authorized to execute a quit- claim deed to Frank Martin and Donald C. Butler, the present owners, quitclaiming all of the right, title and interest of the City of West Memphis in and to the following lands lying in Crittenden County, Arkansas, to wit: Lots 13 and 14 in Block 121 of the George T. Kendal Subdivision in the city of West Memphis, Arkansas, insofar as the City has any claim to same, including, but not limited to, any interest or right it may have to enforce any covenants or obligations contained in the special warranty deed dated October 15, 1974, executed by The Urban Renewal Agency of The City of West Memphis, Arkansas, recorded in Book 498 at t name 391 in the office of the Recorder of Crittenden County, .., PETITION TO THE CITY OF WEST MEMPHIS TO QUITCLAIM ITS INTEREST IN LOTS 13 AND 14, BLOCK 121, GEORGE T. KENDAL SUBDIVISION IN THE CITY OF WEST MEMPHIS, ARKANSAS. WHEREAS, on the 15th day of October, 1974, the City of West Memphis by and through The Urban Renewal Agency of the City of West Memphis, Arkansas, deeded to T. J. Washington and Essie M. Washington Lots 13 and 14, Block 121, George T. Kendal Subdivision in the city of West Memphis, Arkansas; and WHEREAS, according to the special warranty deed the City provided to T. J. Washington and Essie M. Washington certain covenants included in the deed, including a covenant to con- struct improvements on said property to be completed within 18 months, and until such time as such improvements were constructed the Washingtons would have no power to convey said lots; and WHEREAS, construction was never started within that time or completed, and the City of West Memphis never made demand for the construction to begin or be completed; and WHEREAS, the original grantees have conveyed the property, and Frank Martin and Donald C. Butler are the present owners thereof; and WHEREAS, the present owners have constructed a house upon said lands and now desire to have clear title to said property so it can be sold and the buyer obtain permanent financing, and the City of West Memphis has no further use or interest in en- forcing the covenants contained in the special warranty deed, and to enforce said covenants would be unduly burdensome on the owners thereof; PETITIONERS PRAY that the City of West Memphis adopt a resolution authorizing the Mayor and Clerk to execute a quitclaim deed releasing any and all interest it has in the property as outlined by the covenants contained in the special warranty deed of October 15, 1974, to Frank Martin and Donald C. Sutler. This 11th day of July, 1985. REiGt~~ C1TV C~-FRK~~' ~ ;,~ ~ 12 1985 FRANK MARTIN and DONALD C. BUTLER, Petitioners SPEARS, SLOAN & JOHNSON, Their Att eys By ald A. oleman P. 0. Box 768 West n2emphis, Arkansas ?2301 .. QUITCLAIM DEED KNOW ALL MEN BY THESE PRESENTS: THAT THE CITY OF iti'EST MEMPHIS, ARKANSAS, a municipal corporation, for and in consideration of the sum of $1.00 in hand paid by FRANK MARTIN and DONALD C. BUTLER, the re- ceipt of which is hereby acknowledged, does hereby grant, sell and quitclaim unto the said FRANK MARTIN and DONALD C. BUTLER, and unto their heirs and assigns forever, all of the right, title and interest, whether legal or equitable, it may have in the following lands lying in Crittenden County Arkansas, to wit: Lots 13 and 14 in Block 121 of the George T. Kendal Subdivision in the city of West Memphis, Arkansas, insofar as the grantor has any claim to same, including but not limited to any interest or right it may have to enforce any covenants or obligations contained in the special warranty deed dated October 15, 1974, recorded in Book 498 at page 391. jIN WITNESS WHEREOF, this instrument is execut_etl-~~, this day of July, 1985. ~-''~ ~ !' i ~~ ~~ CITY OF WEST ~~M~ IS,~~ SAS By ATTEST• Dan Craf Ci y Jerk ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF CRITTENDEN it:r~an'' b4a~o On this day before me, the undersigned, a Notary Plzblic duly qualified, commissioned and acting within and. for the state and county aforesaid, appeared in person the within named Leo Chitman and Dan Craft, being the Mayor and City Clerk respectively of The City of West Memphis, Arkansas, a municipal corporation, and who have been designated by said municipal corporation to execute the above quitclaim deed, to me personally well known, who stated that they were the Mayor and City Clerk of The City of West Niemphis, Arkansas, a municipal corporation, and were duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that they had so signed, executed and delivered said foregoing in- strumen~t for the consideration, uses and purposes therein con- tained and set forth. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 1 ~-~_ day of July, 1985. ,~ Notary Public My Commission expires: r~ ~~i ~ G~ ~I Z_ This ins}rumonf Prepared By Spears, Sioan !~ Johnson, ~fiiorneys 301 East Broadwny~ W•at Momphis, Arkansas ~ t ''V-- STATEMENT T0: WEST MEMPHIS CITY COUNCIL AND CITY CLERK TRANSMITTED T0: MR. DAN CRAFT, CITY CLERK DATE: JULY 17, 1985 RE: MAYOR'S VETO OF CONTRACT FOR PROFESSIONAL SERVICES FOR MR. DAVID CARNE, A. J. ROWE & ASSOCIATES, INC. T, Leo Chitman, Mayor, City of West Memphis, Arkansas do hereby veto the present contract for professional services with the firm of A. J. Rowe & Associates, Inc. on July 17, 1985 at 9:45 A.M., for the following reasons: 1. It is the opinion of the Mayor that a contract can be drawn for professional services that will include language that could be worded so that either party can cancel on a six month notice. 2. It is further the opinion of the Mayor that during the period of the City Council approval of this contract and the Mayor's veto there have been consideration given as to other offers~of :peaking power that the Mayor believe will be in the best interest of the City Council, West Memphis Utility Commission, and its citizens. 3. It was further agreed in a telephone conference call that there is a willingness on the part of Mr. David Carne of A. J. Rowe & Associates, Inc. to either amend the present contract and/or write a new contract that will include language that would be agreeable to all parties involved. For the above reasons I have officially vetoed the Contract for Pro- z fessional Services for Mr. David Carne of A. J. Rowe & Associates, Inc. that was approved by the City Council at a Recess ouncil on m y 11, 1985. Leo Chitman, Mayor M"~ R ~~ ~~~ R ~~ ~~ JVt a ,. ~~,5~ ",~ ' ° M RECEIVED '"Mayor's Offices ~ Dat / ~~ '~..5 : ---- CITY OF W~~ST MEMPn1~ 20~ South Kedding - West Memphis, Arkansas 72301 - 1001) 73n-'1720 July 8, 1985 T0: Mayor Leo Chitman West Memphis City Council FROM: Robert L. Smith, City Attorney SUBJECT: A. J. ROWE - CONTRACT I feel seeking assistance in an attempt to get cheaper "Peaking Power" is a good idea, but do not feel paying 2.6% of the savings, should it be from AP&L, is right as we are now buying AP&L "Peaking Power" without a commission. Our Consultant we have had in the past is due compen- sation should he secure cheaper "Peaking Power"; however, should our Consultant leave us and work on commission, who is going to look out after our interest to see that the savings are what is determined? It seems that authorizing our Agent to initiate and conduct litigation in our name would cause us to lose all control; also, the Contract should be worded so either party could cancel on six (6) months notice. Very truly yours, City Attorney RLS/wa An Equal Opportunity Employer ,~ 1 1. CONTRACT FOR PROFESSIONAL SERVICES 1. WHEREAS, A. J. Rowe & Associates, Inc. ("Consultant/Agent") is a consulting firm offering professional services in regulatory and other matters regarding public utilities, and 2. WHEREAS, West Memphis Utilities Commission, 604 East Cooper Street, West Memphis, Arkansas 72301 for and on behalf of the City of West Memphis, Arkansas (hereinafter referred to as "Client") desires to engage Consultant/Agent in regard to matters concerning the obtaining of firm peaking power and energy. 3. NOW, THERFORE, Consultant/Agent agrees to perform the consulting and agency services set forth herein and Client agrees to accept and pay for such services on the terms specified herein. 4. The nature and scope of the engagement is to obtain and submit contracts for the purchase of firm peaking power and energy from power suppliers other than the Arkansas Power & Light Company. 5. Compensation to be paid Consultant/Agent for this engagement shall be Two and six tenths percent (2.6~) of the savings to West Memphis from such peaking power and energy contracts entered into by West Memphis hereunder as compared to its purchasing such power and energy under rates which from time to time result from the Power Coordination, ~~ Interchange and Transmission Agreement between the City of West Memphis, Arkansas and Arkansas Power and Light Company, dated June 25, 1982 (Agreement) if no court or FERC litigation is required and three and six tenths percent (3.6~) of such savings if litigation is required. Compensation shall be payable during the entire Contract term of any contracts entered into by West Memphis hereunder. 6. Consultant/Agent will render statements each six months. Client agrees to pay such statement within 30 days after receipt. 7. The engagement of Consultant/Agent hereunder shall make Consultant an agent of the City of West Memphis for purposes of negotiation and securing of power supply arrangements contemplated hereunder. The Client agrees that in furtherance of such agency agent may retain, on its behalf, such engineers, accountants, economists, and attorneys as it deems appropriate to fulfill its duties and responsibilities hereunder. However, such outside contractors of Consultant shall not be at the expense of Client. 8. Consultant/Agent, in the event that it determines in its judgment that the Arkansas Power & Light Company refuses to provide transmission, wheeling, scheduling, or dispatch services required by the aforedescribed Agreement shall have the right to bring in the City's name and on the City's behalf, after an approving vote of the West Memphis Utilities Commission and West Memphis City Council, such actions before Courts of competent jurisdiction or other regulatory authorities it deems appropriate to enforce the rights of Client under the Agreement. Nothing in this Contract, however, shall preclude the West Memphis Utilities Commission or the West Memphis City Council from commencing such actions to enforce the City's rights as it deems appropriate. 9. This Contract and any contract for electric power and energy negotiated by agent, shall be subject to the specific approval of the City Council of the City of West Memphis, Arkansas. 10. In the event the Arkansas Power & Light Company offers to West Memphis and West Memphis accepts amendments to the agreement resulting from Consultant/Agent efforts, Consultant/Agent shall be compensated in accordance with paragraph 5. 11. This agreement shall become effective on I certify that I am I am authorized to and do authorized to and do hereby commit the firm of hereby commit and A. J. Rowe & Associates, Inc. formally obligate the to perform the services funds of described above. for the payment of services described above (Name) ~° ~~_ (Name) ~. .~_. (Title) (Title) (Date) _ %(Date) This contract i Mayor, City of West Memphis, Arkansas. Dated July 17, 1985 at 9:45 A.M. Mayor's Veto over-ridden. by City Counr_.il on July 1.8, 1985 with a vote of Nine ( 9 ) AYES and One (1) NAY .