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ORD NO 34-2009 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. 3 -2009 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS AN ORDINANCE TO BE ENTITLED: AN ORDINANCE TO AMEND VAN BUREN'S MUNICIPAL CODE REGARDING COMPETITIVE BIDS TO RAISE THE THRESHOLD TO CONFORM TO STATE LAW; AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren has adopted Ordinance 15 -1985, as amended by 02 -1999, to establish a threshold of $10,000 over which any contract must be competitively bid; and WHEREAS, it is often inefficient and costly to bid contracts of $20,000 or Tess, in that it delays purchases and minor capital improvements needed to benefit the citizens and residents of Van Buren; and WHEREAS, Act 1435 of 2005, A.C.A. 14- 58- 303(2)(A)(i) raised the state mandated competitive bidding requirements for a city of the first class from $10,000 to $20,000. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION 1: Van Buren Municipal Code 03.04.01 is amended as follows: The mayor, or his duly authorized representative, shall have exclusive power and responsibility to make purchases of all supplies, apparatus, equipment, materials and other things requisite for public purposes for the City of Van Buren and to make all necessary things to be furnished for the benefit of the city where the amount of the expenditure for any purpose or contract does not exceed the sum of IC. Twenty Thousand Dollars ($1- 6:690790 $20.000.00). SECTION 2: Van Buren Municipal Code 03.04.02 is amended as follows: Where the amount of expenditure for any purchase or contract exceeds the sum of T4AI Twenty Thousand Dollars 520.000.00), the Mayor or his duly authorised representative shall invite competitive bids thereon by legal advertisement in any local newspaper of general circulation. Bids received pursuant to said advertisement shall be opened and read on the date set for receiving said bids in the presence of the Mayor or his duly authorized representative. The contract shall be awarded to the lowest responsible bidder, provided, however, the Mayor or his duly authorized representative may reject any and all bids received. The City Council. by ordinance. may waive the requirements of competitive bidding hereto in exceptional situations where such procedure is deemed not feasible or practical. SECTION 3: CONFLICTS: All ordinances and parts of ordinances in conflict with this ordinance, be and the same are repealed. SECTION 4: SEVERABILITY: 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 Q3 for and 0 against the foregoing Ordinance at its Regular Meeting held on the 21st day of December 2009. P Robert D. Freeman, ayor ATT /v F/NO STED: ,a APPROVED AS TO FORM: Barbie Curtis, City Clerk/Treasurer N. Donald nsyr., City Attorney