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ORD NO 40-2007 0 CITY OF VAN BUREN. ARKANSAS ORDINANCE NO. 40 -2007 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 AND AUTHORIZE THE PURCHASE OF, A CREW CAB, FOUR WHEEL DRIVE, DIESEL PICKUP TRUCK AND A SUPERCAB, FOUR WHEEL DRIVE, DIESEL PICKUP TRUCK; FOR THE APPROPRIATION OF FUNDS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren is in immediate need of certain vehicles for the safety of life and protection of property by the City of Van Buren Fire Department; and WHEREAS, after extensive research and inquiry, including solicitation of information from three truck dealerships, specifically Landers Ford, North Point Ford, and Randall Ford, the Fire Department has determined that Randall Ford's bids for a crew cab, four wheel 0 drive. diesel pickup truck and a SuperCab, four wheel drive, diesel pickup truck, as set forth in attachment "A" hereto are the best available bids to fit the fire department's needs; and WHEREAS, the cost of the two pickup trucks, which will be paid out of GIF funds designated for public safety, are $33.170 and $31,247 respectively, which each exceeds the limit for purchase without competitive bidding under A.C.A. 14 -58 -303 and Van Buren Municipal Code 03.04.01; and WHEREAS, the City Council has determined, pursuant to A.C.A. 14- 58- 303(b)(2)(B) that exceptional circumstances exist which render the competitive bidding process to not be practical or feasible; and WHEREAS, a state of emergency exists because the equipment herein is needed immediately to provide for the safety and welfare of the 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 Fire Department is in immediate need of a Crew Cab, four wheel drive, diesel pickup truck and a SuperCab, four wheel drive, diesel pickup truck, as set forth in 0 attachment "A" hereto. 0 SECTION 2: Said equipment, is to be purchased from Randall Ford, located in Fort Smith, Arkansas. for the sums of $33,170 and $31,297 respectively. SECTION 3: That the City Council in accordance with the terms ofA.C.A. 14- 58- 303(b)(2)(B), hereby waives the requirement of competitive bidding and authorizes and directs the Mayor to purchase the above described for the price set forth in Section 2 above. 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, shall take full effect 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 0 be severable. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of 5 for and 0 against, the foregoing Resolution at its meeting held on the 17 day of December. 2007. Robert D. r ayor ATTESTED: A•P O D AS 3 FORM: 5 a Barbie Curtis, City Clerk/Treasurer N. Donal I le ins, Jr,, -C Attorney