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ORD NO 20-2008 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO.Q -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; TO AUTHORIZE REPAIRS TO THE JEFFERSON STREET BRIDGE; FOR THE APPROPRIATION OF FUNDS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren has discovered damage to the Jefferson Street Bridge which is in immediate need of repairs; and WHEREAS, the City has determined that Clayton's Consulting Welding Service, Inc. is qualified and able to effectuate the repairs to the bridge, as more fully setout in Exhibit "A" attached hereto; and WHEREAS, based on a review by the Mayor's office, the City of Van Buren has determined that this bid is the best available bid and should be approved immediately for the preservation of the effected bridge and the health, safety and welfare of the citizens of Van Buren; and WHEREAS, the City Council has determined, pursuant to A.C.A. 14- 58- 303(b)(2)(B) that exceptional circumstances exist, specifically the scarcity of services authorized and qualified to do the type of work required hereto, which renders the formal competitive bidding process impractical and /or unfeasible; and WHEREAS, a state of emergency exists because the repairs herein are needed immediately to provide for the health, safety, and welfare of the citizens of Van Buren and to preserve the property of the city. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, TI -IAT: 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 hereby authorizes and directs the Mayor to enter into contracts for the above described repairs. SECTION 2: That in order to make the repairs hereto, at the amounts 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 hereby duly authorized to expend up to the bid price setforth in Exhibit "A" for up to $22,235, as appropriated herein, to be paid out of capital improvements, 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 S_ for and l against, the foregoing Ordinance at its Meeting held on the 15"' day of September 2008. 1 J Robert D. F man u e ATTESTED: APPROVED AS TO FORM: 1' IGO Barbie Curtis, City Clerk/Treasurer N. Donald Jenkins, Jr., City Attorney kQu C1k Ckvit.