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16909 ORDINANCE NO. ~ (-~q b AN ORDINANCE TO WAIVE COMPETITIVE BIDDING FOR THE ACQUISITION OF CERTAIN ASSETS OF ARKANSAS POWER AND LIGHT COMPANY WITHIN PROPERTY ANNEXED TO THE CITY OF WEST MEMPHIS, AND FOR OTHER PURPOSES. WHEREAS, A.C.A. Section 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. Section 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 $89.520.00; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: 1. That competitive bidding be waived for the following items to R F 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 $89,520.00. 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. PASSED AND APPROVED this ~8T}} day of /~'~,4y , 19 q5' . AL BOALS, Mayor ATTEST DAN CRAFT, fj'i~¢ QJletk SPONSORED BY: ~`~ /~~9~/Y 't RECEIVED "'~` ~e CITY CLERK OfFICE DATE ~-~~_~~ ~o;~oc,,,.., D. P~,,~_ O