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168961 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 01INANCENO. 16,896 • AN ORDINANCE AMENDING ORDINANCE NO. 16,797 (THE 1995 BUDGET ORDINANCE) TO REAPPROPRIATE CAPITAL FUNDS; AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. WHEREAS, on December 14, 1994, the City Board of Directors adopted the 1995 Budget Ordinance for the City of Little Rock, including an appropriation in Section 4 of Ordinance No, 16,797 of $130,000 for a fuel leak detection system; and WHEREAS, a fuel leak has occurred in a storage tank that requires immediate corrective action in order to comply with the rules and regulations of the Arkansas Department of Pollution Control and Ecology (ADPC &E) and the Environmental Protection Agency (EPA), and to prevent potential damage to the environment; and WHEREAS, staff estimates that a significant cost will be associated with correcting the fuel leak, some of which may be reimbursable by the state, and staff has determined the best contractor that is capable of performing the required corrective work within the time period allowed by the regulations and at the lowest cost, although time only allowed quote bids rather than a formal bid process. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. The Board of Directors hereby finds and determines that it is not practical or feasible to formally bid for these services and accepts the quote bid procedure followed by staff. The City Manager is hereby authorized to enter into a contract with Southern Company of North Little Rock, Inc. to correct the fuel leak problem and to take such other measures as are. necessary in order to comply with the rules and regulations of the EPA and the ADPC &E. 188 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 • SECTION 2. Funds in account number 210- 360 -0363 in the amount of $130,000, appropriated for a fuel leak detection system in Ordinance No. 16,797, are hereby reappropriated to this contract. SECTION 3. If other funds are necessary to meet the contract obligation, the City Manager is hereby authorized to reallocate existing operating budget funds within the Fleet Services Fund organizations in order to meet this obligation. SECTION 4. DECLARING AN EMERGENCY. It is hereby found and determined that there is an immediate and urgent need for adopting this ordinance, so that the threat to the environment from the fuel leaks can be contained and corrected, and so that the City can comply with the rules and regulations of the EPA and the ADPC &E, and that these actions are necessary for the public's health, safety and welfare. Therefore, an emergency is declared to exist and this ordinance shall be in full force and effect from the date of its passage. PASSED: May 16, 1995 ATTEST: APPROVED: r W4 WNWAN001HO M� j y APPROVED AS TO FORM: AN P 1&9