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ORD NO 21-2016 CITY OF VAN BUREN,ARKANSAS ORDINANCE NO.Q/ -2016 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 A CONTRACT FOR AND PURCHASE OF A BROCE KR350 POWER BROOM FROM CLARK MACHINERY COMPANY; FOR THE APPROPRIATION OF FUNDS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren is in need of a Power Broom for the maintenance of property by the City of Van Buren Street Department; and WHEREAS, after extensive research and inquiry,the City of Van Buren Street Department Manager has determined that the purchase of a previously owned Power Broom would be the most practical, feasible and cost effective method for the department; and WHEREAS, the cost of this previously owned Broce KR350 Power Broom is a total price of $42,500.00 exceeds the limit for purchase without competitive bidding; 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 Power Broom will provide improved maintenance of property and the unit currently is available. 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 to purchase the Broce KR350 Power Broom. SECTION 2: The purchase of said truck from Clark Machinery Company, located in Fort Smith, Arkansas, for the sum of$42,500.00 plus applicable sales tax,pursuant to the purchase order attached hereto as Exhibit"A"is necessary to maintain property of Van Buren citizens. SECTION 3: The City Council in accordance with the terms of A.C.A. § 14-58-303(b)(2)(B)hereby waives the requirement of competitive bidding 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 the need to acquire this equipment and its limited availability 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 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 (D for and p against the foregoing Ordinance at its regular meeting held on the 19th day of December 2016. 94 , i i _..41 I h h h k...... _. . .. _ Robert D. Mayor ATTESTED: •.' ' 'OVED AS TO FORM: ,,ak,-411 --) .444 ,pzi A pp:Ts ,,A7,"(1,0 i is,„, r Ph is Thomas -an.ice - . Settle City Clerk/Treasurer City Attorney MAIN OFFICE C lgk.RK MACHINERY COMPANY 31111 SOUTHNCH OZERO STREET 11525 MABELVALE RD.W. P.O.BOX 2619 P.O.BOX 1985 LITTLE ROCK,ARK,.72203 �r4 'fet FORT SMITH,ARK,.72901 501-455-4200 479-646-4345 1-800-482-8955 1-800-643-2135 Fax 501-455-5609 Fax 479-646.4347 SALES•RENTALS•SERVICE November 16, 2016 Mr. Wayne Sandusky City of Van Buren, AR Van Buren Street Dept. 1003 Broadway Van Buren, AR 72956 Dear Mr. Sandusky, We are pleased to offer you the following: One (1) — Used (308 Hours) Broce KR350 Power Broom with all standard equipment and including: Air Conditioned Cab, Kubota Diesel, Air Stack Extension, Turbo II Precleaner, Suspension Seat, 150 Gallon Water System, Heater/Defroster System, Light Group, Strobe Light, Windshield Washer, West Coast Mirrors. Price FOB Van Buren, AR $42,500.00 Arkansas Sales Tax added if applicable Unit offered subject to prior sale. We appreciate the opportunity to offer Broce Products to you and hope that you will favor us with your business. Thank you, Darrell Harklau CLARK MACHINERY COMPANY "We Service What We Sell" AEROQUIP HOSE • FERGUSON ROLLERS • SCREEN MACHINE SAKAI ROLLERS • GRADALL • LBX EXCAVATORS • EAGLE IRON WORKS • METSO MINERALS/NORDBERG E.D.ETNYRE CO. • BARMAC • GOMACO LEEBOY • OKADA