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ORD NO 02-2007 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. r 2007 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 FOR THE REMOVAL OF TREATED WASTE WATER SLUDGE AT THE VAN BUREN NORTH WASTE WATER TREATMENT PLANT, DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. WHEREAS, the Van Buren Municipal Utilities Commission, for the health, welfare and safety of the citizens of Van Buren, must facilitate the removal and disposal of sludge from the Van Buren North Waste Water Treatment Plant (WWTP) in order to comply with the requirements of the NPDES discharge permit; and WHEREAS, the Van Buren Municipal Utilities Commission entered into an agreement with Nutri -Ject Systems, Inc. of Hudson, Iowa on November 15, 2006, for the removal of 155 dry tons of sanitary sewage sludge from a storage lagoon at the North WWTP and disposal of said sludge on properties adjacent to the plant; and WHEREAS, circumstances beyond the control of the Van Buren Municipal Utilities Commission prevented the timely removal of a sufficient quantity of sludge for the efficient operation of the North WWTP; and WHEREAS, time is of the essence to prevent failures with the treatment system due to excess sludge accumulation; and WHEREAS, A.C.A. §14 -58 -0330 et. seq. authorizes the Van Buren City Council to waive competitive bidding in circumstances of exceptional situations or if such bidding would be unfeasible or impractical. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS: Section 1: Due to an immediate emergency need to remove and dispose of sludge from the North WWTP, competitive bidding shall not be required for the contracting of services for the removal and disposal of said sludge to a different location. Section 2: The Van Buren Municipal Utilities has negotiated a proposed contract with Nutri -Ject Systems, Inc. for a cost of $174,000 to $187,000 (based on variable quantities of material handled) to remove, transport and land apply the equivalent of 530 dry tons of sludge to a dedicated application site currently owned by the City of Van Buren. Section 3: Since the immediate removal and disposal of sludge from the North WWTP is necessary for the continued operation of the plant within the discharge permit requirements, an emergency is hereby declared to exist and this Ordinance shall take full force and effect upon its passage. PASSED AND APPROVED this 22 day of January, 2007, by a vote of Co for and 0 tagainst. Robert D. Fre• ayo ATTESTED: Wt� Barbie Curtis, City Clerk/Treasurer 0