ORD NO 22-2010 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO.Z- 2010
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND
AUTHORIZE A CONTRACT FOR STORMWATER
RETENTION POND RESTORATION WITH NATURCHEM,
INC.; DECLARING AN EMERGENCY; AND FOR OTHER
PURPOSES.
WHEREAS, the City of Van Buren is in immediate need of restoration of a storm water retention pond
located at Dora Road and Twin Oaks Drive, property within the city limits of the City of
Van Buren; and
WHEREAS, after extensive research and inquiry, including solicitation of information from
various communities and sources, the City of Van Buren has determined that there is an
immediate need for the restoration of the retention pond, as set forth in Exhibit "A"
attached hereto, before the weather prohibits the work; and
WI- IEREAS, the cost of the restoration by NaturChem of Alabaster, Alabama, which has been
determined to have the best available service for the needed restoration, is $31,450.00
which exceeds the limit for purchase without competitive bidding under ARK. CODE
ANN. 14 -58 -303; and
WHEREAS, the City Council has determined, pursuant to ARK. CODE ANN. 1 58- 303(b)(2)(B)
that exceptional circumstances exist, which render the competitive bidding process
to not be practical or feasible; and
WHEREAS, a state of emergency exists because the retention pond is in immediate need of restoration
and maintenance before the weather prohibits the work, to provide for the safety and
welfare of the citizens of Van Buren.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF
THE CITY OF VAN BUREN, ARKANSAS, THAT:
SECTION 1: The Van Buren Street Department is in immediate need of restoration of the retention
pond as setforth above.
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SECTION 2: Said restoration is to be completed by NaturChem, Inc., located in Alabaster, Alabama,
for the sum of no more than $31,450.00, including sales tax which is authorized hereto to be
paid out of Van Buren Street Funds.
SECTION 3: The City Council in accordance with the tenns of ARK. CODE ANN. §14-58-303(b)(2)(B),
hereby waives the requirement of competitive bidding and authorizes and directs the Mayor
to enter into contract within the guidelines set forth in Section 2 above.
SECTION 4: It is further found that due to immediate need to restore the retention pond for public safety,
an emergency is declared to exist and this ordinance being necessary for the preservation of
the public health, safety, and welfare, shall take full effect from and after its passage and
approval.
SECTION 5: The Mayor and City Clerk are hereby authorized by the City Council for the City of
Van Buren to execute all documents, contracts, and agreements necessary to
effectuate this Ordinance.
SECTION 6: The various provisions and parts of this Ordinance are hereby declared to be
severable, and, if any section or part of a section. or any provision or part of a
provision herein, is declared to be unconstitutional, inappropriate, or invalid by any
court of competent jurisdiction, such holding shall not invalidate or affect the
remainder of this Ordinance and to that extent the provisions hereto are declared to
be severable.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of l for and 0 against, the foregoing Ordinance at its meeting held on
the 20 day of December, 2010.
V;
Robert D. Freeman
Mayor
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ATTESTED:
4 (1:011-A-C-
Barbie Curtis
City Clerk/Treasurer