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1520ORDINANCE NO. 15a:o AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE RELOCATION OF AN APBcL TRANSMISSION LINE IN CONNECTION WITH DRAINAGE IMPROVEMENTS TO DITCH NO. 17 AND TEN MILE BAYOU, APPROVING A CONTRACT WITH ARKANSAS POWER AND LIGHT COMPANY, ESTABLISHING AN EMERGENCY AND FOR OTHER PURPOSES . WHEREAS, Arkansas Code 14-58-303 allows waiving of competitive bidding in exceptional situations where such procedure is deemed not feasible or practical; and WHEREAS, there are many items necessary for the City's use where competitive bidding is deemed not feasible or practical; and WHEREAS, the City of West Memphis desires to upgrade existing ditch No. 17 and Ten Mile Bayou which requires the relocation of a transmission line, designated as Structure No. 22, owned by Arkansas Power and Light Company, who shall relocate the facilities in accordance with its construction specifications; and it would not be feasible or practical to require competitive bidding for such services under the present circumstances; 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 services to be used by the City, described as follows: The relocation of a transmission line, designated as Structure No. 22, owned by Arkansas Power and Light Company. 2. Competitive bidding is found to be neither feasible or practical under the present circumstances in that the work must be performed to the owner's specifications and that time is of the essence. 3. The Agreement To Change Existing Facilities or Make Temporary Extensions between the City of West Memphis and Arkansas Power and Light Company is hereby approved and the Mayor and the City Clerk are hereby authorized to execute said agreement on behalf of the City of West Memphis. 4. 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 to relocate the transmission line described herein to accommodate the drainage ditch improvements, 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 ~ day of ~hARC~ ~ , 1992. KE I THE' M! I NG~tAM , MAYOR ATTEST: DAN CR FT , C T C ER SPONSORED BY: ~J RC~~1V'f`D CITY. CLERK ©FFICE DATE Arkansas Power & Light Company 425 West Capitol P. O. Bax 551 Little Rock, AR 72X3 Tel 501 377 4000 March 6, 1992 Mr. Ward Wimbish, P.E. Public Works Director City of West Memphis 205 South Redding West Memphis, AR 72301 Re: Relocation of AP&L Line Structure For Ditch No. 17 Dear Ward: After reviewing the information you furnished regarding improve- ments to Ditch No. 17 and Ten Mile Bayou, our engineering group has determined one (1) AP&L transmission line structure will require relocation. Structure No. 22 of the West Memphis-Lehi-Marked Tree line north of Ditch No. 17 will need to be moved. Cost of the relocation is estimated to be $25,700. Enclosed for your consideration is a proposed Relocation Agreement. Let me know if you have any questions. Sincerely, Rudy W. Thornton, Attorney Manager, Land & Right of Way RWT/nrw Enclosure cc: w/encl. Mr. Jim Wilbanks Mr. Don Lambert An Entergy Company ,~ Form AR 731-208 WO AFA LOC. NO. 713 CONTROL Little Rock AGREEMENT TO CHANGE E%ISTING FACILITZES OR MARE TEMPORARY E%TENSIONS THIS AGREEMENT, made and entered into this the day of 1992 by and between the Arkansas Power & Light Company, hereinafter called "Company," and the City of West Memphis, Arkansas, 205 South Redding,of West Hemphis, Crittenden County, Arkansas hereinafter called "Customer." WITNESSETH Company, within a reasonable time, will do the following work: Relocate Structure No. 22, a three-pole guyed structure of the Company's West Memphis-Lehi-Marked Tree 115 kV Transmission Line. Said work will be completed within 90 days after execution of this agreement as indicated herein. Location: East Half East Half (E'~ E~), Section 22, Township 6 North, Range 8 East; Structure No. 22 of AP&L West Memphis-Lehi-Marked Tree 115 kV Transmission Line; Structure No. 22 located North of Ditch No. 17. Customer, having requested the aforementioned work, and in consideration of the facilities to be provided by Company, does hereby agree to pay to Company cash in the amount of $25,700.00, said payment to be paid in full within 30 days after acceptance of work and Company's billing. It is not intended that Customer will acquire any rights or interest in the facilities of Company by reason of this payment toward the cost of the aforementioned work. Customer shall assist in obtaining all necessary rights of way, on Company's forms, from all property owners over which the line shall be located granting to Company, its successors and assigns, the rights and privileges to construct, maintain and operate said line. It is expressly understood that said rights of way and all electrical facilities erected for serving Customer under this Agreement shall always be and remain the property of Company, and Company has the right to serve any other customers from said line or any extension thereof at any time. This Agreement shall be a part of any Agreement for Electric Service entered into by the parties hereto on the above date. C F WEST HIS ARKANSAS POWER & LIGHT COMPANY By BY Ke th Ingr John R. Marshall Titl Mayor, Cit of West Memphis Title: Vice President