ORD NO 15-1991 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. ,./.15 -1991
AN ORDINANCE LEASING AN OFFICIAL MAYOR'S CAR.
WHEREAS, Resolution No. 1 -5 -1991, passed on January 24, 1991,
authorized the lease of a car for the use of the
Mayor; and
WHEREAS, Due to unforeseen circumstances, it was not possible
to lease the car and, as a result, such vehicle was
purchased by the Mayor; and
WHEREAS, The City Council does not feel the Mayor should be
required to furnish his own vehicle for City use
without just compensation for its use; and
WHEREAS, Under authority of A.C.A. 14 -42 -107, the City
Council is authorized to pass an Ordinance spec-
ifically permitting a council member to conduct
business with the City and said statute has been
interpreted to also apply to the office of Mayor,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VAN BUREN, ARKANSAS:
SECTION 1: THAT the Mayor and City Clerk- Treasurer are hereby
authorized to enter into a Lease Agreement with
the Mayor, Allen Ray Toothaker, for the lease of
his vehicle, currently a Ford Crown Victoria, for
the amount of $5,000.00 per year.
SECTION 2: THAT this Ordinance shall remain valid in the event
it becomes necessary to substitute a different car
for the Mayor's current car.
SECTION 3: THAT the effective date for the Lease authorized
by this Ordinance shall be March 1, 1991, and may
be cancelled at the end of any 12 month period upon
the option of either the Mayor or the City Council,
upon the furnishing by the optioning party, a
written Notice of Intent to cancel the Lease, said
written notice to be presented by the optioning
party upon the other party at least 30 days prior
to the expiration of the 12 month period. Failure
to furnish such Notice by either party shall auto-
matically renew the Lease for an additional 12
month period.
ID
SECTION 4: THAT due to unusual and exceptional circumstances
regarding the acquisition of a Mayor's car, the
competitive bidding procedure is hereby deemed
not to be feasible or practical and therefore,
under authority of A.C.A. 14 -58 -303, competitive
bidding is hereby waived.
PASSED AND APPROVED THIS 17TH DAY OF JUNE 19 91
/VAC t fteto l
ATTESTED:
ds
CITY CLERK TREASURER.
0
LEASE AGREEMENT
This Lease Agreement entered into this 10th day of July
1991, by and between Allen Ray Toothaker, hereinafter referred to
as "Lessor" and the City of Van Buren, Arkansas, hereinafter referred
to as "Lessee
1. Lessee is a municipal corporation and governmental unit
organized and chartered under the law of the State of Arkansas and
under the authority of Act 508 of 1991, City Resolution No. 1 -5 -1991,
passed January 24, 1991, and City Ordinance No. 15 -1991, passed on
June 17, 1991, by the Van Buren City Council, now enteres into this
Lease Agreement.
2. Lessor agrees to lease to Lessee, and Lessee agrees to lease
from the Lessor, a 1991 Ford Crown Victoria to be utilized as a
official Mayor's car for the use of the Mayor's Office.
3. This Lease shall commence on March 1, 1991, and shall
continue for a term of 12 months until February 29, 1992, except that
this Agreement may be renewed as set out below.
4. Lessee agrees to pay to the Lessor, and Lessor agrees to
accept, the amount of $5,000.00 as the rental fee for the term of
this Lease.
5. This Agreement shall terminate without further obligation
on the part of the Lessee at the expiration of the term of this
Agreement, or at the close of each succeeding term for which it may
be renewed. This Agreement may be automatically renewed by the
Lessor or Lessee as set out below.
6. This Lease Agreement shall be automatically renewed for an
additional 12 month term, unless the Lessor or Lessee shall furnish
to the other, a written Notice of its intent to allow the Lease to
terminate. Said Notice must be presented by the optioning party upon
the other party at least 30 days prior to the expiration of the 12
month period. Failure to furnish such Notice by either party shall
automaticaly renew the Lease for an additional 12 month period.
7. This Lease Agreement shall obligate the Lessee only for
those sums payable during the term of this Lease, or in the event
of a renewal, for such sums payable in the period of each renewal
term. No single renewal term shall exceed a period of 12 months,
but the parties may enter into as many renewal terms as they deem
necessary and appropriate.
WITNESS OUR HANDS this 10th day of July ,1991.
LESSOR LESSEE
mot•! _i
ALLEN RAY 6V �'T' ER MAYOR
r ATTESTED: j
CI CLERK- TREASURER