ORD NO 27-2008 CITY OF VAN BUREN. ARKANSAS
ORDINANCE NO. A I -2008
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE ACCEPTING THE MODIFICATION TO
THE BID FROM A. J. GREENWOOD PLUMBING
EXCAVATING, FOR CHANGE ORDERS TO THE
SYCAMORE 3RD STREET BRIDGE REPAIR PROJECT;
FOR THE APPROPRIATION OF FUNDS; DECLARING AN
EMERGENCY; AND FOR OTHER PURPOSES.
WHEREAS, The City of Van Buren previously advertised, accepted and approved a bid from A.
J. Greenwood Plumbing and Excavating for street and drainage repairs for the
Sycamore 3r Street bridge repair project; and
WHEREAS, the City now has the opportunity to replace the bridge with a one hundred (100) foot
of box culverts, with participation from local industry, as more fully setout in Exhibit
"A" attached hereto; and
WHEREAS, utilization of box culverts for this project will dramatically improve safety for traffic
and facilitate more orderly truck movement in this industrial area, with $25,598.76
of the funding coming from FEMA/ADEM, and $11,000 from local industry; and
WHEREAS, based on a review by the Mayor's office, the City of Van Buren has determined that
this opportunity should be approved immediately for the preservation of 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 temporal window for this
opportunity and the economic assistance that is available at this time, 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, THAT:
SECTION 1: The City Council in accordance with the terns 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 $64,240.50, as appropriated herein, to be paid out of capital
improvements, and to execute all documents, contracts. and agreements necessary to
effectuate this Ordinance.
SECTION 4: To the extent there is any conflict this Ordinance hereby amends or supersedes
Resolution 10 -1 -2008 previously adopted by the City of Van Buren, and the various
provisions and parts hereto are hereby declared to be severable, and, if any section
or part of a section, or any provision or part of a provision herein, is declared to be
unconstitutional, inappropriate, or invalid by any court of competent jurisdiction.
such holding shall not invalidate or affect the remainder of this Ordinance and to that
extent the provisions hereto are declared to be severable.
IN WITNESS WHEREOF. the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of d) for and against. the foregoing Ordinance at its scheduled
Meeting held on the 17 day of November 2008.
0 1
.tea
Robert D. Freeman, ayor 1
ATTESTED:
APPROVED AS TO FORM:
C h (litit LUI-t laz a
Barbie Curtis, City Clerk/Treasurer N. Dona'?'". W Attorney