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ORD NO 34-2011 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. 3 2011 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, AN ORDINANCE TO BE ENTITLED: AN ORDINANCE AUTHORIZING THE MAYOR TO SECURE SHORT -TERM FINANCING FOR THE FINANCING OF THE RENA ROAD WIDENING PROJECT, DISBURSE FUNDS FOR THE RENA ROAD WIDENING PROJECT, DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES. WHEREAS, the City Council for the City of Van Buren has previously approved matching funding for the Rena Road Widening Project in coordination with the Arkansas State Highway and Transportation Department "AHTD and WHEREAS, the AHTD has recently completed its gross estimates for the Rena Road Project for an estimated total cost of 6,137,643.03 of which the City is obligated to cost share in the amount of 1,637,258.03 of which 352,600.00 is already on deposit with AHTD; and WHEREAS, a state of emergency exists because the AI -ITD has requested in order to proceed with the Rena Road Project, a check from the City payable to the AHTD as set forth in Exhibit "A" hereto and the City will be financially liable for construction delays. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS, THAT: SECTION 1: The Mayor and City Clerk are hereby authorized by the City Council for the City of Van Buren to submit a check in the amount of 1,284,658.03 to the Arkansas State Highway and Transportation Department for the City's share of construction costs for the Rena Road Widening Project. SECTION 2: The Mayor is further authorized to enter into an agreement with an appropriate financial institution in order to finance 500,000.00 of said funding for a period of 24 months at an interest rate not to exceed the maximum rate allowed by state law pursuant to Amendment 78, Section 2 of the Constitution of the State of Arkansas. SECTION 3: It is further found that due to the immediate need to fund the project, an emergency is declared to exist and this Ordinance being necessary for the preservation of the public health, safety, and welfare, it shall take effect from and after its passage and approval. SECTION 4: The various provisions and parts of this Ordinance 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 (y for and 0 against, the foregoing Ordinance at its regular meeting held on the 21 day of November, 2011. Robert D. Free Mayor n ATTESTED: r,:•• PPR)" i AS 'O FORM: C O4 Barbie Curtis Cle �i� Candice A. Settle City ClerklTreasiirer City Attorney ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT Scott E. Bennett 4 P.O. Box 2261 Director i qr 5 Little Rock, Arkansas 72203 -2261 Telephone (501) 569 -2000 F 1 I D Telefax (501) 569 -2400 Voice /TTY 711 t www.arkansashighwayscom \441,0.. 1, November 3, 2011 The Honorable Robert D. Freeman Mayor of Van Buren 1003 Broadway Street Van Buren, AR 72956 Re: Job 040345 F.A.P. STP- BRN -HPP2- 9429(3) Hwy. 59 -West (Rena Road) (Van Buren) (S) Crawford County Dear Mayor Freeman: Forsgren, Inc of Fort Smith submitted the low bid of $4,470,078.75 for the referenced project at the Department's October 19, 2011 letting. The Arkansas State Highway Commission has tentatively accepted their proposal. and will execute the contract upon receipt of the City's matching funds. The City's estimated share of costs for this project is calculated below. Total Cost Federal Share City Share Preliminary Engineering 14,950.31 11,960.00 2,990.31 Utilities 1,205,606.09 964,485.00 241,121.09 Construction 4,470,078.75 3,203,582.00 1,266,496.75 Construction Engineering 447,007.88 320,358.00 126,649.88 Totals 6,137,643.03 4,500,385.00 1,637,258.03 Less Deposits Received 352.600.00 City Share Remaining 1,284,658.03 Your check for $1,284,658.03 (made payable to the Arkansas State Highway and Transportation Department) should be forwarded to this office as soon as possible. The contract will not be executed, and construction cannot begin, until your cheek is received. Submittal of these funds to the Department will be considered as your concurrence in the award of this contract. The Honorable Robert D. Freeman November 3, 2011 Page Two The Department will make every effort to assure the project is constructed in accordance with the plans and specifications, thereby minimizing the possibility of items being declared non participating for federal fiends. However, should any of the items be declared non participating, the City would be responsible for 100% of their cost. Upon completion of the project, a statement will be prepared reflecting the final cost and respective matching shares. At that time, the City will be retuned funds remaining over the deposit or billed for additional funds required. We look forward to working with the City to complete the proposed improvements. Should you have any questions or comments, please advise. Sincerely, f Frank Vozel Deputy Director and Chief Engineer c: Assistant Chief Engineer- Planning Programs and Contracts Fiscal Services (2) Planning and Research District 4 Job 040345 'C' File Bradley Baldwin, Van Buren Public Works Director