ORD NO 07-2016 CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO. 1 -2016
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
PIERCE ARROW XT 105' LADDER APPARATUS FROM
PIERCE MANUFACTURING; FOR THE APPROPRIATION OF
FUNDS; DECLARING AN EMERGENCY; AND FOR OTHER
PURPOSES.
WHEREAS, the City of Van Buren is in need of a replacement fire ladder apparatus for the safety of
life and protection of property by the City of Van Buren Fire Department; and
WHEREAS, after extensive research and inquiry,the City of Van Buren Fire Chief has determined
that the purchase of a Pierce factory demonstration fire ladder apparatus would be the
most practical, feasible and cost effective method to replace the current fire ladder
apparatus for the department. This vehicle is uniquely suited to the needs of Van Buren,
and that no other vehicle, for the same price, is a reasonably suitable alternative; and
WHEREAS, the cost of this Pierce fire ladder apparatus and equipment is a total price of$603,000.00
(including trade in of the current ladder apparatus)exceeds the limit for purchase without
competitive bidding; 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 Pierce fire apparatus will provide improved life
safety and protection of property and because the unit currently is available.
NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF
THE CITY OF VAN BUREN,ARKANSAS,THAT:
SECTION 1: The Fire Department of the City of Van Buren, Arkansas is in immediate need to
purchase the Pierce Arrow XT 105' Ladder Apparatus and associated firefighting
equipment.
SECTION 2: The purchase of said fire apparatus from Pierce Manufacturing, located in Appleton
Wisconsin, for the sum of$603,000.00(including trade in of the current ladder
apparatus),pursuant to the purchase order attached hereto as Exhibit"A"is necessary to
protect the life and safety of Van Buren citizens.
SECTION 3: 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 directs the Mayor to purchase the
above described for the price set forth in Section 2 above.
SECTION 4: The Mayor is further authorized to utilize Act 833 funds in the amount of$103,000.00
for partial payment and enter into an agreement with an appropriate financial institution
in order to finance the remaining payment of this equipment,pursuant to AMENDMENT
78, SECTION 2 OF THE CONSTITUTION OF THE STATE OF ARKANSAS and
ARK. CODE ANN. §14-78-103.
SECTION 5: It is further found that due to the immediate need to acquire this fire ladder apparatus and
associated equipment an emergency is declared to exist and this ordinance being
necessary for the preservation of the public health, safety, and welfare, it shall take effect
from and after its passage and approval.
SECTION 6: 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 7: 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 (Ofor and (O against,the foregoing Ordinance at a special meeting
held on the 28`h day of April 2016.
Ro.e
-
Mayor
ATTESTED: APP'OVE ► S TO 1 RM
etattel:
Barbie Curtis Candice A. Settle
City Clerk/Treasurer City Attorney
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