ORD NO 06-2009 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. 2009
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN.
ARKANSAS, AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE ALLOCATING AND APPROPRIATING
INSURANCE PROCEEDS FOR REPAIRS TO THE VAN
BUREN POLICE DEPARTMENT; AUTHORIZING THE
MAYOR TO CONTRACT FOR ROOF REPAIRS AND
IMPROVEMENTS; WAIVING BIDDING REQUIREMENTS;
DECLARING AN EMERGENCY; AND FOR OTHER
PURPOSES.
WHEREAS, the Van Buren Police Department at 111 South 1 lth, suffered roof damages on the
evening of April 9, 2008, which were exacerbated by the poor structural design of the
roof, which now needs immediate repair; and
WHEREAS. the City of Van Buren has insurance proceeds, and FEMA proceeds, which will cover
a vast portion of the repairs necessary; and
WHEREAS, it has been determined that is more cost effective and feasible to incorporate
structural improvements to the roof in conjunction and concurrent with the necessary
repairs to be made by Big Smith Roofing Company; and
WHEREAS, it would be impracticable and unfeasible to bid these improvements separate from the
repairs to be made with the insurance and FEMA proceeds, and there is no potential
for savings to the city and insufficient time to let bids on the roof repairs without
exposing these building to substantial water damages, the City needs to be able to
submit repair estimates to the insurance company, and upon their approval,
immediately begin repairs without any delays or any action by the City Council; and
WHEREAS, Section 14 -58 -303 of the ARKANSAS CODE ANNOTATED provides that "The
governing body, by Ordinance, may waive the requirements of competitive bidding
in exceptional situations where such procedure is deemed not feasible or practical."
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VAN BUREN, ARKANSAS, THAT:
SECTION 1: The City Council hereby waives the requirements of competitive bidding for the roof
repairs and improvements to the Van Buren Police Department, as such a procedure
is not deemed to be feasible or practical under the circumstances.
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SECTION 2: The Mayor and City Clerk are hereby authorized to enter into a contract or contracts
for the roof repairs and improvements to the Van Buren Police Department, subject
to the insurance and FEMA allocations already approved by the City Council, and to
expend up to twenty seven- thousand nine hundred sixty -seven dollars and 68 cents
($27,967.68) from Capital Improvements for the additional structural modifications
to the roof.
SECTION 3: The repairs hereto are deemed and found to be necessary for the immediate
preservation of health, safety and welfare of the city, and as such an emergency is
hereby declared, and this Ordinance shall take effect and be in full force upon and
after its passage and approval.
SECTION 4. All insurance and FEMA proceeds are furthermore authorized to be moved from
"insurance funds' or "FEMA funds" to `capital improvements," or "general funds,"
as appropriate, and to be appropriated for the Van Buren Police Department roof
repairs and improvements.
SECTION 5. The Mayor and City Clerk are hereby authorized by the City Council for the City of
Van Buren to execute all documents 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 to for and d against, the foregoing Ordinance at its meeting
held on the 23r day of February 2009.
;AIL_
Robert 3. Freeman, Mayor
ATTESTED: APPROVED AS TO FORM:
Barbie Curtis, City Clerk/Treasurer N. Don. d Je .,riffir tomey
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