ORD NO 27-2011 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. 2011
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN
EXCLUSIVE FRANCHISE FOR AMBULANCE SERVICES;
DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES.
WHEREAS, there is a need for accountability in ambulance service in the Cityof Van Buren
to ensure its citizens receive timely and competent ambulance service; and
WHEREAS, Ark. Code Ann. Section 14- 266 -102, et seq. authorizes cities of the first class to
enter into an exclusive franchise with an ambulance company to provide
emergency and non emergency ambulance service within the city limits of the
City of Van Buren; and
WHEREAS, that the City of Van Buren previously contracted with Southwest EMS after
competitive bidding for a period of five years and that such contract is ending
December 31, 2011; and
WHEREAS, in accordance with A.C.A. Section 14- 266 -07 requiring competitive solicitation
of ambulance franchise applications, a notice requesting proposals was published
in a state -wide newspaper; and
WHEREAS, two proposals were received by the City within the time period accorded for
submission of proposals; and
WHEREAS, a committee was appointed by the Mayor to review each of the respective
submitted proposals and the proposals have been opened and reviewed as
advertised; and
WHEREAS, that the City Council feels that granting an exclusive franchise to an ambulance
service pursuant to an agreement with certain requirements as to response time
and number of ambulances required to be in the city at all times is in the best
interests of the citizens of the City of Van Buren and that an exclusive franchise
should be granted and a contract entered into with the most qualified ambulance
service; and
WHEREAS, both proposals met the qualifications required in the notice advertised; and
WHEREAS, the Council has determined that Southwest EMS of Mena is the best qualified
ambulance service for the City 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 City Council hereby selects Southwest EMS of Mena and grants an exclusive
franchise for emergency and non- emergency operation, subject to the terms and
conditions of the agreed contract, which is to be negotiated by the Mayor,
ambulance committee, and the City Attorney.
SECTION 2: The revocation, suspension, or expiration of any permit, license, or certification
issued by the Department of Health to Southwest EMS of Mena shall result in
automatic revocation of the franchise.
SECTION 3: Severability. In the event any title, section, subsection, subdivision, paragraph,
subparagraph, item, sentence, clause, phrase, or word of this ordinance or the
contract made a part hereof is declared or adjudged to be invalid or
unconstitutional, such declaration or adjudication shall not affect the remaining
portions of the ordinance which shall remain in full force and effect as if the
portion so declared or adjudged invalid or unconstitutional was not originally a
part of the ordinance.
SECTION 4: Emergency and Effective Date. This ordinance being necessary to ensure
continued emergency and non emergency medical care to citizens of this city,
this ordinance is necessary to protect the public health, safety and welfare, and
therefore, shall be in full force and effect with the passage of same.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of 5 for and Q against, the foregoing Ordinance at its
Regular Meeting held on the 17 of October, 201 I.
Robert D. Free
Mayor
ATTESTED: A'PROVED S TO FORM:
�w ait
Barbie Curtis Candice A. el e
City Clerk/Treasurer City Attorney