ORD NO 01-2014 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. 2014
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE AUTHORIZING THE VAN BUREN MUNICIPAL UTILITIES
TO EMPLOY A CONTRACTOR TO PROCEED WITH THE RECONSTRUCTION OF
AN INACCESSIBLE SANITARY SEWER MANHOLE LOCATED IN THE 700 BLOCK
OF MAIN STREET BETWEEN THE BUILDINGS AND THE RAILROAD TRACK
DECLARING AN EMERGENCY AND WAIVING OPEN COMPETITIVE BIDDING.
WHEREAS, the Van Buren Municipal Utilities has identified that a 6 -inch sewer main
collecting sanitary sewage in the 700 block of Main Street is obstructed for the
normal flow of sanitary sewage; and
WHEREAS, the City is not able to maintain adequate sanitary sewage flow for a portion of the
sewage collection system; and
WHEREAS, the location of the obstruction is inaccessible for excavation and repair in place;
and
WHEREAS, City manhole #670 located on the east end of the alley in the 700 block of Main
Street is a "flush" type manhole and does not provide access to the 6 -inch sewer
main; and
WHEREAS, access to the 6 -inch sewer main from manhole #670 is necessary in order to
evaluate the 6 -inch sewer main and methods and costs to repair the 6 -inch sewer
main; and
WHEREAS, since the failure of the sanitary sewage collection system could cause adverse
health effects and the City to be in non compliance with the NPDES Permits it is
necessary to implement and complete repair as soon as possible; and
WHEREAS, it would be impracticable and unfeasible to bid this project at this stage and the
City needs to immediately begin construction of this project without any delays;
and
WHEREAS, plans, specifications, and a conceptual cost estimate have been prepared by
professional engineers employed by the Van Buren Municipal Utilities
Commission; and
WHEREAS, the Van Buren Municipal Utilities Commission have by resolution, a copy of
which is attached hereto, recommended that the City Council waive competitive
bidding because of the urgent circumstances and authorize the Van Buren
Municipal Utilities to employ a contractor to proceed with necessary repairs; 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 project, as such a procedure is not deemed to be feasible or
practical under the circumstances.
SECTION 2: The Mayor and City Clerk hereby authorize the Van Buren Municipal Utilities to
employ a construction contractor and to pay all expenses relating to this project.
SECTION 3: The construction work 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 WHEREOF, The City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of 0 for and _o- against, the foregoing Ordinance at its
regular meeting held on the 24 day of February 2014.
Robert D. Free
Mayor
ATTEST: P 414. 1 FORM:
e uitrtas)
Barbie Curtis dice A. Settle
City Clerk/Treasurer City Attorney
RESOLUTION
A RESOLUTION RECOMMENDING THAT THE MAYOR AND CITY COUNCIL OF THE CITY OF
VAN BUREN AUTHORIZE THE VAN BUREN MUNICIPAL UTILITIES TO PROCEED WITH THE
RECONSTRUCTION OF AN INACCESSIBLE SANITARY SEWER MANHOLE LOCATED IN THE
700 BLOCK OF MAIN STREET BETWEEN THE BUILDINGS AND THE RAILROAD TRACK
DECLARING AN EMERGENCY AND WAIVING OPEN COMPETITIVE BIDDING
WHEREAS, the Van Buren Municipal Utilities has identified that a 6 -inch sewer main collecting sanitary
sewage in the 700 block of Main Street is obstructed for the normal flow of sanitary sewage, and
WHEREAS, the City is not able to maintain adequate sanitary sewage flow for a portion of the sewage
collection system, and
WHEREAS, the location of the obstruction is inaccessible for excavation and repair in place, and
WHEREAS, City manhole #670 located on the east end of the alley in the 700 block of Main Street is a
"flush" type manhole and does not provide access to the 6 -inch sewer main, and
WHEREAS, access to the 6 -inch sewer main from manhole #670 is necessary in order to evaluate the 6-
inch sewer main and methods and costs to repair the 6 -inch sewer main, and
WHEREAS, since the failure of the sanitary sewage collection system could cause adverse health effects
and the City to be in non compliance with the NPDES Permits it is necessary to implement and complete
repair as soon as possible, and
WHEREAS, plans, specifications, and a conceptual cost estimate have been prepared by professional
engineers employed by the Van Buren Municipal Utilities Commission, and
THE VAN BUREN MUNICIPAL UTILITIES COMMISSION DOES HEREBY RECOMMEND:
(1) That the City Council authorize the Van Buren Municipal Utilities Commission to employ a
contractor to proceed until completion with the reconstruction of manhole 670, and
(2) That the City Council waives the requirement of competitive bidding in this particular
situation in that said requirement of open publically advertised bidding procedure is deemed
not to be feasible or practical because time is of the essence and it is necessary to proceed as
soon as possible.
PASSED this 12th day of February, 2014.
C.E. Dougan, C o f AN
ATTEST:
Kathy Gepp SECRETARY
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