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ORD NO 22-2007 0 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. c93 -2007 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 CONTRACT FOR, AND TO PURCHASE, A STREET SWEEPER FOR THE CITY OF VAN BUREN STREET DEPARTMENT THROUGH THE HOUSTON GALVESTON AREA COUNCIL COOPERATIVE PURCHASING PROGRAM "HGACBUY TO OBTAIN SHORT -TERM FINANCING; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren is in immediate need of a new street sweeper for the safety of life and protection of property by the City of Van Buren Street Department; and WHEREAS, after a review of the various equipment and sources available for street sweepers the City of Van Buren desires to purchase one (1) TYMCO Model 600 Regenerative Air 0 Sweeper for the total price of $135,974.48; and WHEREAS, the City is authorized to waive the expense and time of bidding by purchasing such vehicles though a cooperative purchasing agreement such as the one between the city of Van Buren and HGACBuy, pursuant to ARK. CODE ANN. 19 -11 -249; and WHEREAS, the City has decided that it is in its best interest to purchase the above listed equipment via HGACBuy, pursuant to the terms setforth in the contract pricing worksheet attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION 1: The Street Department of the City of Van Buren, Arkansas is in immediate need of certain equipment, as setforth above. SECTION 2: Said equipment is to be purchased via HGACBuy, for the sum of $135,974.48. SECTION 3: The Mayor is further authorized to enter into an agreement with an appropriate financial institution in order to finance payment of these vehicles, pursuant to AMENDMENT 78, SECTION 2 OF THE CONSTITUTION OF THE STATE OF ARKANSAS and 0 ARK. CODE ANN. 14 -78 -103. SECTION 4: It is further found that due to immediate need to acquire this equipment 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 immediately from and after its passage and approval. SECTION 5: The Mayor and City Clerk are hereby authorized by the City Council for the City of Van Buren to execute all documents contracts, and agreements necessary to effectuate this Ordinance. SECTION 6: 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 (p for and 0 against, the foregoing Ordinance at its meeting held on the 20th day of August 2007. Robert D. Freeman, Mayo ATTESTED: APPR++ ED TS ORM: C adAL Barbie Curtis, City Clerk/Treasurer N. Dona d Jenkin J —City Attorney 0