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ORD NO 28-2012 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. plp 2012 BE IT ENACTED BY THE CITY COUNCIL, FOR TI -IE CITY OF VAN BUREN, ARKANSAS, AN ORDINANCE TO BE ENTITLED: AN ORDINANCE AUTHORIZING THE MAYOR TO CONTRACT AND TO PURCHASE LIGHTING EQUIPMENT AND THEIR INSTALLATION FOR THE MUNICIPAL TENNIS COURTS THROUGH THE INTERLOCAL PURCHASING SYSTEM AND THE TEXAS ARKANSAS PURCHASING SYSTEM "TIPS/TAPS COOPERATIVE PURCHASING PROGRAM; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren recognizes the need to provide for the recreational needs of its residents; and WHEREAS, in an effort to meet the recognized recreational needs, the City desires to purchase and install new lighting at the Municipal Tennis Courts; and WHEREAS, after a review of the various lighting equipment and resources available, the City of Van Buren desires to purchase light structures from MUSCO Lighting for the total price of $83,000.00 plus sales tax, labor, and unloading of equipment as applicable; and WHEREAS, the City of Van Buren desires to have the lighting installed by Hill Electric, Inc. for a total price of $46,800.00; and WHEREAS, the City is authorized to waive the expense and time of bidding by purchasing such equipment through a cooperative purchasing agreement such as the one between the City of Van Buren and TIPS /TAPS, 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 and installation via TIPS /TAPS, pursuant to the terms setforth in the contract pricing worksheets attached hereto as Exhibit "A" and "B NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION'1: The City of Van Buren, Arkansas is in immediate need of certain equipment, as set forth above. SECTION 2: Said equipment is to be purchased from MUSCO Lighting, for the sum of $83,000.00 plus sales tax, labor, and unloading of equipment as applicable. SECTION 3: Said equipment is to be installed by Hill Electric, Inc., for the sum of $46,800.00. SECTION 4: It is further found that due to the immediate need to acquire and install this equipment between sports seasons 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 5 for and against, the foregoing Ordinance at its regular meeting held on the 17 day of December, 2012. .1 r Rosert D. F an 1 Mayor ATTESTED: 1 .D AS /0 FORM: t Barbie Curtis C. :'cam Settle City Clcrk/Treasurer City Attorney