20148oaa: :: =are „r, s 2009058186 Received: 8/24/2009 1,24:04 PM
`.` °.��►(C 1�� `'f: Recorded: 08/24/2009 03:14:11 FM Filed &
Recorded in Official Records of PAT O'ERIEN,
o , PULASKI COUNTY CIRCUITICOUNTY CLERK
1 1 uv - Fees $20.00
y ORDINANCE NO. 20,148
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3 ANCE TO AMEND LITTLE ROCK ARKANSAS, REVISED CODE §
4 �988) TO RECOGNIZE BROADBAND SERVICES PROVIDER AS A
5 PROFESSIONAL SERVICE FOR THE CITY OF LITTLE ROCK, ARKANSAS,
6 AND FOR ITS VARIOUS BOARDS AND COMMISSIONS; AND FOR OTHER
7 PURPOSES.
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9 WHEREAS, Ark. Code Ann. § 19- 11- 801(c)(West Supp. 2009), regarding the designation of profes-
10 sional services, authorizes a political subdivision to include as professional services such consulting ser-
11 vices as the political subdivision shall designate by two- thirds (2/3) vote of its governing body, and
12 WHEREAS, the Board of Directors of the City of Little Rock, Arkansas, finds that price or cost bid -
13 ding for the provision of broadband services providers is impracticable, unfeasible, or, if based solely on
14 price, would result in an outcome that would not meet the best interests of the City; and
15 WHEREAS, for the services of a broadband services provider this declaration on an ongoing basis is
16 appropriate.
17 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
1s OF LITTLE ROCK ARKANSAS:
19 Section 1. Little Rock, Ark., Rev. Code § 2- 243(a)(2) (1988) is hereby amended to add subsection
20 (w) and read as follows:
21 (2) All services declared to be a professional service if done for or on behalf of the City,
22 its boards, commissions or authorities, including the following:
23 (w) Broadband services provider.
24 Section 2. Severability. In the event any portion of this ordinance is declared or adjudged to be inva-
25 lid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of this or-
26 dinance, which shall remain in full force and effect as if the portion so declared or adjudged invalid or
27 unconstitutional was not originally a part of this ordinance.
28 Section 3. Repealer. All ordinances and resolutions, and parts thereof, which are in conflict with any
29 provision of this ordinance are hereby repealed to the extent of such conflict, provided that nothing in this
30 ordinance will have an adverse impact on agreements that the City has with tw telecom of akansas Ile
31 f /k /a Time Warner Telecom of Arkansas LLC.
32 Section 4. Emergency. The Board of Directors hereby determines that there is a often a need to ob-
33 tain the services of a broadband services provider, and that to protect the City's information technology,
34 and to provide the most efficient and effective programs, it is necessary to select the best available service
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Ordinance
Professional Services: Broadband
1 as opposed to simply the service available for the lowest cost,. since this need is required to protect the pub -
2 lic health, safety and welfare, an emergency is hereby declared to exist, and this Ordinance shall be in full
3 force and effect from and after its passage and approval.
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5 PASSED: August 18, 2009
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APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, City At o ney
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Ordinance
Professional Services: Broadband
[PAGE 2 OF 2]
APPROVED:
Mark Stodola, Mayor