HomeMy WebLinkAboutOrdinance 2031 • Y,
F i I F= D
FOR RErnRO
ORDINANCE NO . O $ 74 AUG - I V 9: 35
NASH!NGTON COUNTY
AN ORDINANCE WAIVING FORMAL BID REQUIREMENTS FOR THM U?URQgAg.j�
Q ILYEIi
OF BARBED WIRE , WOODEN POSTS , AND METAL GATES : AND FOR OTHER PURPOSESrLFr, p;
WHEREAS , the City of Fayetteville , Arkansas , was required by the
Arkansas State Highway Department to acquire certain street right -of-way
necessary for the paving and relocation of Highway No . 265 ; and
WHEREAS , in order to acquire said right-of-way it was necessary
for the City of Fayetteville to execute a Memorandum of Understanding
attached hereto , marked exhibit "A" , and made a part hereof , with a certain
property owner pursuant to which the City agreed to install certain fencing ;
and
WHEREAS , the Arkansas Highway Department has instructed the City
of Fayetteville to perform its obligations under the aforesaid memorandum
immediately in order that the Highway 265 paving and relocation project
may proceed as soon as possible .
NOW, THEREFORE , BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
CITY OF FAYETTEVILLE , ARKANSAS :
Section 1 . That pursuant to Ark . Stat . Ann . Sec . 19 -4425 the
Board of Directors hereby waives competitive bid requirements for the
purchase of four- strand barbed wire , wooden posts , and metal gates required
to fulfill the City ' s obligations pursuant to the Memorandum of Understanding
attached hereto as Exhibit "A" , for the reason that the Arkansas Highway No .
265 paving and relocation project may proceed as soon as possible ; and for
the reason that the Board of Directors has determined that it would not be
feasible of practical to advertise for competitive bids , because of the
urgency with which the City ' s obligations under said memorandum must be
fulfilled .
Section 2 . The Board of Directors hereby determines that the
completion of the Arkansas Highway No . 265 paving project as soon as possible
is imperative in order to promote the free flow of traffic within the City
and to insure the safety of the citizens of the City , and that the passage
of this Ordinance is necessary for the completion of said project as soon as
possible . Therefore , an emergency is hereby declared to exist , and this
Ordinance being necessary for the protection of the public health , safety ,
and wdlfare shall be in full force from and after its passage .
PASSED AND APPROVED THIS DAY OF 1974
APPROVED :
.. 4AT1 MAYOR
!�
V l
I �- 873 � . 688
GI ��Yglf MICROFILMED
DATE °CT 1 6 1978
REEL I
CERTIFICATE OF RECORD
State of Arras ( SS
.City of i ayati von
I, Scrramze C. Ka:ute:ly, City Clerk ani.
Ex_Officio re: order for tl:e City of I lyettevillea,
do hereby certify that tL• e a mc::o: l or fore-
going is of record in my office a:A the same ap-
pears in Ordinance fa Resolution boo!:
�at page- -''--t-- l'dit�irss mY
band and seal this ------1!'W of
City Clerk and Ex-O:fS_i; c rder
CERTIFICATE OF RECORD
STATE OF ARKANSAS j
Washington County j SS.
1, Alma L. Koljmeyer, Circuit Clerk and Ex-Offido Recorder For
Washington County, do hereby certify that the annexed or fore
going in trument was filed for re titin my office on the L da
u 1 dMat y
duly record in
��p o �ock�M. and the same is
--��a---record �+
1Kltltess my hand and seal this day of at pa$e�6
19 7(C
Circuit Clerk and
Ex-Officio Recorded
b
. Paputy Glajit
v
}
tip :ORA_<DII I OF Ud'< Di3RST" NDT `:G
This writing Will serve as a ,:r:itten ,..e:o.ra:, .u:r: the
understanding by and between. the City of Fayetteville , Ars:ansas ,
a Municipal corporation , and Phyllis L . Street .
-The undersigned Phyllis L . Street has agrees: to cone, by
warranty deed certain real property located in j7ash '.n;- ton County
,
for the relocation of Highway 265 . A copy of the r;arras y . deea
which firs . Street 'has agreed to convey is atlas; ed %e.� et
Marked exhibit " A " and made a part hereof .
The City of Fayetteville , Arkansas , has agr =_ed to pay .
Mrs . Street in return for the above warranty deed the su , of
Fifteen Hundred Dollars ( $ 1 , 500 . 00 ) in _ casi .
The City. of Fayetteville , Arkansas , - a municipal corporation ,
has further agreed to construct a four- strand barbed wire fence
along each side of the right-of -way conveyed in the c,-arranty
deed attached hereto as exhibit "P_ " .
The City of Fayetteville , Arkansas , a municipal corporation ,
has further agreed to provide two Metal sates . Said fetal gates
will be installed at locations to be selected by Pyllis i . Street
subject to the approval of the Arkansas State FIg v.: ay Department
and subject to the topography of Highway 265 as relocated a:a
constructed .
e
The City of Fayetteville , Arkansas , a ^unicipal co^oration ,
v
s
' r
Iva `
.... ' 1 t333
furtner agrees that it ll . ir. stall drainag:: culv�r .. , fo.r the
T • construction Of access to the Petal gates he.reinbe �orE r-entioned .
_ty �
PTOV .ldEd , nOiJEVer , that t^e '.'�
undertaing of the city With respect -
to drainage culverts- shall .got exceed the SuT. Of I t.V G'. H
_ 1
Dollars ( $ 500 . 00 ) .
It is further understood and agreed by the parties hereto .
that this memoranda conStitu - es the entire agreement of Lne
parties and any representations , covenants ar acree-cents not
herein expressed are ,..Tithout authority .
witness our hands and seals this day of ,
19
Phvllis L . Street .
CITY OF FAYET VILLE1 ARL.Ai: SAS
BY :
City Manager
APPROVED :
Via lter P. . P; ib ioc}:
David R . :,alone
City Attorney
STATE of ARKANSAS 1
J}
County of Washington ss.
I, .. . ' 1 �Aly�� .., hereby certify that I
am the ublia er o T NORTIIW ST ARKANSAS TIMES, a dally
newspape having a second class mailing privilege, and being not lees than
four pages of five columns each, published at a fixed place of business and at
I ; a fixed (daily) intervals continuously in the City of Fayetteville, Count of
AN � x .5ANCE N'4P iSc �OR)tAr, Y Y
BID :11 :Q1_ IHFNENT8 FOR THE Washington, Arkansas for more than a period of twelve months, circulated
PURCHASE OF BARBED WIRE,
WOODEN POSTS, AND METAL GATWi and distributed from an established place of business to subscribers and
, ANT) FOR OTHER city
of Fac readers generally of all classes in the City & County for a definite price for
, WHEREAS.) FORO the CItY of I]S. villa.
,Arkansas, wee required by the Arkansas each copy, or a fixed price per annum, which price was fixed at what is
State Highway Department In aoqulrt
certain ,trees rightor-way necrxayr for considered the value of the publication, based upon the news value and
the paving and relocation of Highway service value it contains, that at least fifty the. Qhs; and Y percent of the subscribers
WHEREAS, in order to acquire said thereto have paid cash for their subscriptions to the newspaper or its agents
rigida -wapit was necessary for the
sty, of FayetteWne to execute a or through recognized news dealers over a period of at least six months ;
Memorandum of Understanding attached and that the said newspaper publishes an average of more than forty percent
hereb, marked exhibit A", and made
a part hereof, with a certain Property news matter.
owner Pursuant to which the City agreed
to Install AS. the
fencing; and I further certify that the legal notice hereto attached in the matter of
Wment has
are A ted the
Higr,wev ne-
pa villa hes form Instructed Ibli City of rider
thFac-
e
is perform ra obit lmras under
in aforesaid memorandum Imro paviely ,,.J d 3 /
in order that the Highway sa:i ed I¢
end Ae po Pon prosect ptay proceed __.__...__....____.._.__.............._..._....._____._______.....__-.-.._____-___________.—____-._.....-
eoan W, possible.
NOW, THEREFORE, anTr R
HE CI HOARD OF DIRECT,-. was published in the regular daily teBLLe Of Said IlBWepBDer for ---- . ----
OF ,
OF THE CITY OF FAYETTEVn1.a,
ARKANSAS: consecutive Insertions as follows :
Section I. That Pursuant to Art. -etAt.
Ann. Sec. 18444. the Board at
hereby waives rojM
e The first insertion on the -- ----- ___. day of ............._._. _...._ 19
7 See"
menLv for the puM
barbed wire woots, day O1 ............. —_._-.. 19------------
red rcquirea tothe the second insertion oa the ___.-.....__...._.----
"donspursuant of UnderstandingedExhibit "A", fore the third insertion on theArkansas Highway65day Of —._. 19............
allocation Project as poeslble; and e and the fourth insertion on the .---_ _ ___ ----- day of —------------ 19__.___._
Ne Hoard os
that it
bad
or the _ I!/�
obllIIaI ant `
meet be fulfBke. - •, ✓o
Section 2 T9q that
e mpletion
hereby tlettessis a that me cmajisolmigQleom Sworn to and subscribed before me on this _ _/_____....__ da of ._.____...._---
of the As soon
V possibl No. impaired"ired" (� y
project as soon ab . yoasthe fa a nowllyr
, in order b promote the tree flaw of /
i traffic within the City and to insure /////�,��f s7
41
We safety of the citizens of its City, ---_--------
-----eol
19yC
land that me pb the of tlg"qa Ordinance
I is neaeas for as cssible on ei said
project s soon as possible Therefore,
e emergency is hereby ur necessary to
exist and Ws Ordinance be*Q c l aaery --------
[sr the and
welfare
of the public l fore , N Public
solely, and after
its
mall , b (vii Iprne
linin SE cher its Passage.
PASSED AND APPROVED R :DAY OF July, 194 APPROVED: M tCommission Expires:ires:
_
RUSSELL T. PURDY, MAYOR /O
'A/ � / 97G
ATTEST: yQ,t,r
DARLENE WESTBROOK
CITY CLERK
(Sena )
He
9 /
Fees for Printing ------- _._____-1 e7,=
Cost of Proof ........._.-_-- j.._._._—___._.__.__
�J
Total ----'-'------ _— -_----