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ORD NO 15-2010 CITY OF VAN BUREN, ARKANSAS 1 ORDINANCE NO. 15 -2010 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, AN ORDINANCE TO BE ENTITLED: AN ORDINANCE MODIFYING THE CONTRACT FOR THE REPAIRS TO THE ROOF OF THE VAN BUREN TRAIN DEPOT; FOR THE APPROPRIATION OF FUNDS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren previously contracted with Kraftsman Building Services Co. of Beaver, Arkansas to complete repairs to the roof of the Van Buren Train Depot. The initial contract was in the amount of $18,950.00, however, an additional $3,800.00 was necessary to complete the project pursuant to the attached change order, Exhibit "A," making the total project cost $22,750.00; and WHEREAS, based on a review by the Mayor's office, the City of Van Buren has determined that the change order was in the best interest of the City and will benefit the health, safety and welfare of the citizens of Van Buren; and WHEREAS the City Council has determined, pursuant to ARK. CODE ANN 14- 58- 303(b)(2)(B) that exceptional circumstances exist, specifically the unique and on going nature of the project, which render formal competitive bidding process impractical and /or unfeasible. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION 1: The City Council in accordance with the terms of ARK. CODE ANN 14- 58- 303(b)(2)(B), hereby waives the requirement of competitive bidding in this particular case, as such procedure is not deemed feasible or practical, and hereby authorizes and directs the Mayor to modify the contracts for the above described repairs and improvements. SECTION 2: 'this ordinance being necessary for the financial continuity of the City of Van Buren. Arkansas, and necessary in providing for the immediate preservation of the public peace, health, and safety, an emergency is declared to exist and this Ordinance shall take effect and be in force after its passage and approval. SECTION 3: The Mayor and the City Clerk are hereby duly authorized to modify the initial contract in the amount of $18,950.00, up to the price set forth in Exhibit "A," for an increase in the contract amount of $3,800.00, for a total project cost of $22,750.00, as appropriated herein, to be paid out of capital improvements, and to execute all documents, contracts, and agreements necessary to effectuate this Ordinance. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of for and 6 against, the foregoing Ordinance at its Regular Meeting held on the 16th day of August 2010. IP,____.. a 4.• Robert D. Freeman, v ayor ATTESTED: C6 a f t 9. (LA..Gf_a_f Barbie Curtis, City Clerk/Treasurer