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
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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: ~`~
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RECEIVED "'~`
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CITY CLERK OfFICE
DATE ~-~~_~~ ~o;~oc,,,..,
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