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1395 • ORDINANCE NO, 1395 ( #38 - 09) AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE PURPOSE OF IMPROVING DRAINAGE TO CERTAIN AREAS ALONG BAILEY STREET; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. WHEREAS, certain portions of Bailey Street are in need of improved drainage and safety implementations for the betterment, health, and safety of the citizens of Jacksonville; and, WHEREAS, C & T Excavating, of Jacksonville, Arkansas, is qualifled to provide the necessary equipment and manpower to accomplish construction of the needed drainage system improvements. C & T Excavating has agreed to do so at a competitive cost, in a quick manner, and is currently on site completing another project. As such the City recommends waiver of competitive bidding and that C &T Excavating be allowed to complete the drainage and curb improvements for the Bailey Street Drainage project. NOW THEREFORE BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT: SECTION ONE: Competitive bidding for the Bailey Street Drainage Improvement project would be costly and non - productive, making said competitive bidding unfeasible and impractical. SECTION TWO: Competitive bidding is hereby waived pursuant to ACA §14- 58.383, to authorize the City to contract with C &T Excavating, Jacksonville, Arkansas, for the needed equipment, supplies, and manpower for said project. Authorization is hereby given to the Mayor and City Clerk to enter into a contract with C & T Excavating, of 624 Cloverdale Road, Jacksonville, Arkansas 72076, for construction of the Bailey Street Drainage Improvement Project at a cost not to exceed Thirteen Thousand Dollars ($13,000.00), including any applicable tax. SECTION THREE: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION FOUR: This Ordinance shall take effect immediately upon passage and publication, as provided by and subject to the requirements of applicable law. APPROVED AND ADOPTED THIS 17 DAY OF DECEMBER, 2009. C OF . CKSONVILLE, ARKANSAS GARY ET' ER, 'AY'R • ITT, CITY C RK • dirip t %:, AS TO Fe M:, � Ap ROBER E. OW,