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ORD NO 17-2008 CITY OF VAN BUREN. ARKANSAS ORDINANCE NO. 17 -2008 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS AN ORDINANCE TO BE ENTITLED: AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE CERTAIN STREET IMPROVEMENT; FOR THE APPROPRIATION OF FUNDS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. WHEREAS, a local property developer is in the process of constructing a street (North 30`" Street in the J. R. Young Addition) to be dedicated to the City of Van Buren which abuts property owned by the City of Van Buren, known as Lot 1 and Lot 2 of the Van Buren Municipal Utilities Complex; and WHEREAS, the City of Van Buren has been afforded the opportunity to utilize the developer's contractor to make street improvements on its property, from the northern section of the J. R. Young Addition to Bryan Road, at a substantial saving to the City, and without doing damage to the street to be dedicated to the city; and WHEREAS, the City Engineer has reviewed the offer for the developer's contractor to make the described improvement to North 30`" Street, from the northern edge of the J. R. Young Addition to Bryan Road, for no more than 553,000 and has determined that this a substantial savings to the City; and WHEREAS, the City Council has determined, pursuant to A.C.A. 14- 58- 303(b)(2)(B) that exceptional circumstances exist which render the competitive bidding process to not be practical or feasible; and WHEREAS, a state of emergency exists because the services herein are needed immediately to provide for the health, safety, and welfare of the citizens of Van Buren. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION 1: The City Council in accordance with the terms of A.C.A. 14- 58- 303(b)(2)(B), hereby waives the requirement of competitive bidding in this particular case as such procedure is not deemed feasible or practical and authorizes and directs the Mayor to enter into an agreement for the above described services. SECTION 2: That in order to make the capital improvements hereto, at the rate herein, it is further found that there is an immediate need to begin the work hereto, and as such an emergency is declared to exist and this ordinance being necessary for the preservation of the public health, safety, and welfare, shall take full effect from and after its passage and approval. SECTION 3: the Mayor is authorized to expend up to $53,000.00 for street improvements for North 30t Street, running between Lot 1 and Lot 2 of the Van Buren Municipal Utilities Complex, by the City Council for the City of Van Buren, and to execute all documents, contracts, and agreements necessary to effectuate this Ordinance. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt. by a vote of ip for and against. the foregoing Ordinance at its meeting held on the 18 day of August 2008. N 1 0 I. a Robert II Free r ATTESTED: APPROVED S TO FO' i ISa a Barbie Curtis, City lerldTreasurer N. P ald Jenkins, Jr., Atto I -y be. C t, Cle_Ak.