1635ORDINANCE NO. ,3S
AN ORDINANCE TO WAIVE COMPETITIVE BIDDING FOR THE ACQUISITION
OF CERTAIN ASSETS OF AR~I4NSAS POWER AND LIGHT COMPANY WITHIN
PROPERTY ANNEXED TO THE CITY OF WEST MEMPHIS, DECLARING AN
EMERGENCY AND FOR OTHER PURPOSES.
WHEREAS, A.C.A. § 14-58-303 allows waiving of competitive
bidding in exceptional situations where such procedure is deemed
' not feasible or practical; and
~" WHEREAS, by a Consent Judgment entered in the Circuit Court of
Crittenden County on May 19, 1992, in the combined cases of City of
Marion v. City of West Memphis, case number CIV-90-470, City of
West Memphis v. City of Marion, case number CIV-90-471, and Thomas
B. Goldsby, Jr., v. City of West Memphis, case number CIV-90-472,
the City of West Memphis annexed 2,357.4 acres which included areas
serviced by Arkansas Power and Light Company (AP&L); and
WHEREAS, A.C.A. § 14-207-101, et seq., establish the
procedures for the acquisition by the City of West Memphis of all
customers, distribution properties and facilities reasonably
utilized or reasonably necessary to serve customers of AP&L; and
WHEREAS, competitive bidding would not be feasible or
practical for such assets of AP&L; and
WHEREAS, the West Memphis Utility Commission has recommended
approval of the acquisition of the customers, distribution
properties and facilities reasonably utilized or reasonably
necessary to serve customers of AP&L that are within the annexed
area at a cost of $75,151.50;
NOW, THEREFORE , BE I T ORDAINED BY THE C I TY COUNC I L OF THE C I TY
OF WEST MEMPHIS, ARKANSAS:
1. That competitive bidding be waived for the following
items to be used by the City of West Memphis and the West Memphis
Utility Commission:
The customers, distribution properties and facilities
reasonably utilized or reasonably necessary to serve customers
of AP&L that are within the 2,357.4 acres annexed to the City
of West Memphis by the Consent Judgment entered May 19, 1992,
in the amount of $75,151.50.
2. Competitive bidding is being waived for the reason that
these items are available from only one source and competitive
bidding would not be feasible or practical.
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 by the City of West Memphis and the West Memphis
Utility Commission to acquire the customers, distribution
properties and facilities of AP&L within the annexed area in order
to extend municipal services to the annexed area, 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.
PASSED AND APPROVED this ~jTff day of ~uN~ , 1994.
t. \ /
K ITH M. INGRAM, M
ATTEST:
DAN CRAFT, ty Cle
SPONSORED BY:
r
RECEIVED
CITY CLERK OFFICE
DATE ,,.,~ ~ ~ 1 `~' S