ORD NO 23-2007 0 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. 23 -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 AND
AUTHORIZE A CONTRACT FOR, AND PURCHASE OF, A
"MONROE SAND SPREADER FROM SCOTT
CONSTRUCTION EQUIPMENT CO.; FOR THE
APPROPRIATION OF FUNDS; DECLARING AN
EMERGENCY; AND FOR OTHER PURPOSES.
WHEREAS, the City of Van Buren is in immediate need of heavy duty sand spreader for the safety
of life and protection of property by the City of Van Buren Street Department; and
WHEREAS, after extensive research and inquiry, including solicitation of information from
various equipment providers and manufacturers, the City of Van Buren Engineer has
determined that Scott Construction Equipment Co.'s Monroe MV- 120 -84 sand
spreader, as setforth in Exhibit "A" attached hereto, is ideally suited to the needs of
Van Buren, and that no other comparable equipment, for the price, is a reasonably
suitable alternative; and
WHEREAS, the cost of the Monroe MV- 120 -84, fully installed, is $15,200.00, which exceeds the
limit for purchase without competitive bidding under A.C.A. 14 -58 -303 and Van
Buren Municipal Code 03.04.01; and
WHEREAS, the City Council has determined, pursuant to A.C.A. 14- 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 equipment herein is needed immediately 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: That the Street Department is in immediate need of a "Monroe MV- 120 -84" sand
spreader.
SECTION 2: That said equipment, is to be purchased from and installed by Scott Construction
Equipment Co., located in Fort Smith, Arkansas, for the sum of $15.200.00.
0 SECTION 3: That the City Council in accordance with the terms of A.C.A. 14- 58- 303(b)(2)(B),
hereby waives the requirement of competitive bidding and authorizes and directs the
Mayor to purchase the above described for the price set forth in Section 2 above.
SECTION 4: It is further found that due to immediate need to acquire this equipment for street
maintenance and repair, 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 for and 0 against, the foregoing Resolution at its
meeting held on the 20' day of August, 2007.
Robert D. Freeman, ayor
ATTELa/IISTED: APP PVED S TO ORM:
tr6
Barbie Curtis, City Clerk/Treasurer N. Donalasle_ s Jr., ity Attorney
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