ORD NO 16-2009 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. I 6 2009
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 MAKE
EXPENDITURES FOR RAILROAD CROSSING REPAIRS
WITHIN THE CORPORATE CITY LIMITS, WAIVING
BIDDING REQUIREMENTS, DECLARING AN
EMERGENCY, AND FOR OTHER PURPOSES.
WHEREAS, the A M Railroad has recently made certain improvements to railroad crossings
withing the corporate city limits, specifically at Poplar 15"' Streets, and on Alma
Boulevard near Blakemore Field, that greatly improve the safety, the traffic flow, and
the quality of travel for the citizens of Van Buren; and
WHEREAS, the City of Van Buren has had a longstanding policy of buying the new track panels
when the railroad makes such crossing improvements, which the railroad installs at
its expense in conjunction with its track realignment and reinstallation
WHEREAS, the city has received an invoice for 536,280.65 for the track panels relative to the
above referenced railroad crossing improvements as set forth in the attached invoice
(Exhibit A); and
WHEREAS, it would be impracticable and unfeasible to bid the purchase of such specialized
fixtures, and there is no practicable method or potential for savings to the city to let
bids on the installation of the track panels described in Exhibit A; and
WHEREAS, Section 14 -58 -303 of the ARKANSAS CODE ANNOTATED provides that "The
governing body, by Ordinance, may waive the requirements of competitive bidding
in exceptional situations where such procedure is deemed not feasible or practical."
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VAN BUREN, ARKANSAS, THAT:
SECTION 1: The City Council hereby waives the requirements of competitive bidding for the
above described railroad crossing panels, as such a procedure is not deemed to be
feasible or practical under the circumstances.
SECTION 2: The Mayor and City Clerk are hereby authorized to expend 536,280.65 to pay the
attached outstanding invoice and to otherwise effectuate this ordinance.
SECTION 3: The purchase hereto is deemed and found to be necessary for the immediate
preservation of health, safety and welfare of the city, and as such an emergency is
hereby declared, and this Ordinance shall take effect and be in full force upon and
after its passage and approval.
IN WITNESS WI- IEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of h for and 0 against, the foregoing Ordinance at its meeting
held on the 21' day of September 2009.
Robert D. Freeman, Mayor
ATTESTED: APPROVED AS TO FORM:
E4 oidLicuL Barbie Curtis, City C1erk/Treasurer N. DoAd Jenkins, C' Attorney