ORD NO 19-2009 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. 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
PURCHASE CERTAIN RECYCLING EQUIPMENT FOR THE
STREET DEPARTMENT, WAIVING BIDDING
REQUIREMENTS, DECLARING AN EMERGENCY, AND
FOR OTHER PURPOSES.
WHEREAS, the City has received a $16,000 grant from the West River Vallee Regional Solid
Waste Management District to promote recycling in the City of Van Buren; and
WHEREAS, the City of Van Buren Street Department wishes to purchase a brush chipper to
improve drainage maintenance and to facilitate limb pick -up service, as a form of
recycling in the City of Van Buren, of the type set forth in the two pricing worksheets
attached hereto as Exhibits "A" and "B" from HGACBuy of Houston, Texas and
Henard Utility Products Inc., of Searcy, Arkansas; and
WHEREAS, the City is authorized to waive the expense and time of bidding to purchase such
equipment, via a cooperative purchasing agreement, such as the one between the City
of Van Buren and HGACBuy, pursuant to ARK. CODE ANN. 19 -11 -249, but in
this instance the City can save over $3 by buying locally from Henard Utility,
thus allowing for the addition of accessories that would be of substantial benefit to
the Street Department; and
WHEREAS, it would be impracticable and unfeasible to bid the equipment herein pursuant to state
bidding requirements, and there is no potential for savings to the city to let bids on
said equipment and the City needs to immediately begin using the chipper equipment
without any delays or any further action by the City Council; 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:
SECTION 1: The City Council hereby waives the requirements of competitive bidding for the
above described recycling equipment, 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 purchase the Bandit Industries
Inc. Brush Chipper, from Renard Utility Products Inc., as setout in Exhibit "B," and
to expend up to thirty thousand eight hundred and seventy -nine dollars and 52/100
(530,879.52), plus applicable sales tax, out of the aforementioned grant funds and the
Street Department funds to 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 it's passage and approval.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of b for and 0 against, the foregoing Ordinance at its Regular
Meeting held on the 21" day of September 2009.
Robert D. Fre May r
ATTESTED: APPROVED AS TO FORM:
a
Barbie Curtis, City Clerk/Treasurer N. D ald Jenkins, r., City Attorney