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15681 1 . t ORDINANCE NO. 1568 AN ORDINANCE WAIVING COMPETITIVE BIDDING, 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 West Memphis Utilities are in immediate need to change existing facilities or make temporary extensions and prints for the under build of the AP&L circuit on Airport Road and there is a sole source of such construction, therefore, time is of the essence, and competitive bidding under such circumstances would not be feasible or practical; 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 item to be used by the City, described as follows: Construction for the under build of the AP&L circuit to be done by AP&L at the price of $10,993.00. 2. Emer~ency 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 Utilities for the under build of the AP&L circuit, 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 _L~'~1_ day of ~PrCeMD~C , 1992. ATTEST: DAN CRAFT , C,~I T~'/ CL SPONSORED BY: /mot KF `~H M. INGRAM, MAY ~~ AP&L Fnrm 9(1R ~wP~ Arkansas Power & Light Company 117 North Washington P. O. Box 1937 Forrest City, AR 72335 Tel 501 633 1440 December 8, 1992 Mr. John Remmer West Memphis Utilities P.O. Box 1868 604 E. Cooper Street West Memphis, AR 72301 Dear Mr. Remmer: Enclosed are four copies of AP8~L's Agreement to Change Existing Facilities or Make Temporary Extensions and Prints for the under build of our circuit on Airport Road. The cost for this work is $10,993.00, which is 100% of the estimated cost for our company to do this work. This charge is non-refundable and normally paid before construction begins. Please sign all four copies of the agreement and return three copies of the agreement and your check to me at the address shown below. Bryan Hill Arkansas Power ~ Light Co. P. O. Box 1937 Forrest City, AR 72335 An original of the agreement will be sent to you when all approvals have been obtained. You may keep the fourth copy of the agreement as an original for your files. Please return this agreement as soon as possible, so that AP&L can provide this relocation at the earliest possible date. If there are any questions, please call me in Forrest City at 261-6336. Sincerely, B an Hill Engineering Technician Enclosures cc: Mr. Jim Martindale Mr. Don Craig Mr. Allen Hardy AP&L Form 208 Rev. 3-77 WR 136-N0367 WO 33453 LOC. NO. 128 CONTROL MARION AGREEMENT TO CHANGE EXISTING FACILITIES OR MAKE TEMPORARY EXTENSIONS THIS AGREEMENT, made and entered into this the 7th day of December, 1992, by and ~,. between the Arkansas Power & Light Company, hereinafter called "Company," and WEST MEMPHIS UTILITIES of WEST MEMPHIS, in CRITTENDEN County, Arkansas. hereinafter called "Customer," whether consisting of one or more parties. WITNESSETH Company, within a reasonable time, will do the following work: INSTALL: T POLES, 30 SPANS (6320') #1/0 AL NEUTRAL. REMOVE: 5 POLES, 29 SPANS (6320') #4 AL NEUTRAL. Location: AIRPORT ROAD AND WEST MEMPHIS INDUSTRIAL PARK Customer, having requested the aforementioned work, and in consideration of the facilities to be provided by Company, does hereby agree to contribute to Company prior to construction cash in the amount of $10,993.00. It is not intended that Customer will acquire any rights or interests in the facilities of Company by reason of this payment toward the cost of the aforementioned work. Customer shall obtain 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. Other Provisions: NONE. This agreement shall be a part of an Agreement for Electric Service entered into by the parties hereto on the above date. WEST MEMPHIS UTILITIES ARKANSAS POWER & LIGHT COMPANY By: By; Title: Title: F731-208.DOT -08/06192 ..