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ORD NO 21-2008 CITY OF VAN BUREN. ARKANSAS j ORDINANCE NO. 9_ 1 -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 THE MAYOR TO ACCEPT AND ADMINISTER AN ARKANSAS HISTORIC PRESERVATION PROGRAM GRANT ON BEHALF OF THE CITY OF VAN BUREN HISTORIC DISTRICT COMMISSION; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren applied for and received an Arkansas Historic Preservation Program Grant for $21,000.00, to be used for the development of a preservation plan and design guidelines for the identification and protection of historic sites, properties and districts; and to facilitate the development of design review guidelines for the Fairview Cemetery Historic District; and WHEREAS, the Historic Commission has identified and entered into negotiations with preservation planners, Thomason Associates, of Nashville, Tennessee, for a contract for professional services relative to the research for, and completion o£ a citywide historic preservation plan, in confonnance with the above grant; and WHEREAS, in accordance with A.C.A. 14- 58- 303(b)(2)(B) exceptional circumstances exist, which render the formal competitive bidding process in this situation to not be practical or feasible; and WHEREAS, a state of emergency exists because the time constraints within the terms ofthe grant, and the schedule of Thomason Associations, so as to provide for the health, safety, and welfare ofthe 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 hereby authorizes and directs the Mayor to finalize and enter into a contract for the above described services. SECTION 2: That in order to facilitate the contract hereto, 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 authorized to administer the grant funds for this project, which will be completed no later than May 31, 2009, and to execute all documents, contracts, and agreements necessary to effectuate this Ordinance, pursuant to the attached certified local government program grant agreement. IN WITNESS WHEREOF. the City ofVan Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of 5 for and f. against, the foregoing Ordinance at its Meeting held on the 15' day of September 2008. Robert D. Free r ATTESTED: APPROVED AS TO FORM: +>0 k,f Barbie Curtis', City Clerk/Treasurer N. Donald Jenkins, Jr., City Attorney