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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