193301
PA
ORDINANCE NO. 19,330
3 AN ORDINANCE TO PERMIT A CONTRACT WITH THE ECOLOGICAL CON -
4 SERVATION ORGANIZATION FOR WORK IN THE RESTORATION OF SWAG -
5 GERTY CREEK; TO DISPENSE WITH COMPETITIVE BIDDING; TO DECLARE
6 AN EMERGENCY; AND FOR OTHER PURPOSES.
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8 WHEREAS, the City is involved in a plan the cultivate and restore Swaggerty Creek and has
9 been working with the Southend Neighborhood as well as the Arkansas Department of Envi-
10 ronmental Quality (ADEQ), and
11 WHEREAS, the City has obtained some grant funds to assist with this project, and
12 WHEREAS, because of the unique involvement and The Ecological Conservation Organiza-
13 tion, the grant monies, and the work that has been done to date it is impractical and unfeasi-
14 ble to bid for this work,
15 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LIT -
16 TLE ROCK, ARKANSAS:
17 Section 1. The City Manager is authorized to enter into a contract with The Ecological
18 Conservation Organization in an amount not to exceed ninety -nine thousand seven hundred
19 and fifty dollars ($99,750.00) for design, labor, equipment, materials and monitoring services
20 as a part of the restoration of Swaggerty Creek.
21 Section 2. Funds for this project are available from Account No. 700 - 230 -X037.
22 Section 3. Because of the interaction of the City, ADEQ, The Ecological Conservation Or-
23 ganization, and the Southend Neighborhood, and the fact that certain City funds are from
24 grant sources that are to be matched by other funds, the Board of Directors finds that it is
25 unfeasible and impractical to competitively bid for the services set forth in this contract and,
26 therefore, waives such a requirement.
27 Section 4. Severability. In the event any title, section, paragraph, item, sentence,
28 clause, phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitu-
29 tional, such declaration or adjudication shall not affect the remaining portions of the ordi-
30 nance which shall remain in full force and effect as if the portion so declared or adjudged in-
31 valid or unconstitutional was not originally a part of the ordinance.
32 Section 5. Repealer. All ordinances, resolutions, bylaws, and other matters inconsis-
33 tent with this ordinance are hereby repealed to the extent of such inconsistency.
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ORDINANCE
TO DISPENSE WITH COMPETITIVE BIDDING AND TO CONTRACT WITH THE
ECOLOGICAL CONSERVATION ORGANIZATION: SWAGGERTY CREEK
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Section 6. Emergency. The need to utilize the funds and cooperate efforts contem-
plated and available in this agreement are essential to monitor and restore Swaggerty Creek
and to do so as quickly as possible; to fulfill this need is essential to the protection of the
public health, safety and welfare; an emergency is, therefore, declared to exist and this or-
dinance shall be in full force and effect from and after the date of its passage.
PASSED: June 7, 2005
ATTEST: APPROVED:
Nancy Wood, City Clerk
APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, City Atorney
ORDINANCE
TO DISPENSE WITH COMPETITIVE BIDDING AND TO CONTRACT WITH THE
ECOLOGICAL CONSERVATION ORGANIZATION: SWAGGERTY CREEK
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Jim a' ey, Mayor