04 April 2016 Special •
MINUTES OF THE VAN BUREN, ARKANSAS
SPECIAL CITY COUNCIL MEETING
HELD APRIL 28,2016
A special called meeting of the City Council of the City of Van Buren,Arkansas met at
5:30 p.m., on Thursday, April 28, 2016 at City Hall. The meeting was called to order by Mayor
Freeman. Council members present were Alderman Parker, Petty, Moore, Swaim, Dodd and Sparkman.
City Clerk-Treasurer Barbie Curtis was also present. City Attorney Candice Settle was absent. This
made a total of eight(8) present. A quorum was declared.
The Mayor ordered spread upon the minutes, the "NOTICE OF SPECIAL MEETING
AND WAIVER OF REGULAR NOTICE OF AND CONSENT TO SPECIAL MEETING."
F
I
On the agenda next was to consider 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 EMREGENCY; AND FOR
OTHER PURPOSES. The Clerk read the Ordinance in its entirety. Alderman Parker moved
that the rules be suspended and the Ordinance be placed on its second reading. The motion was
seconded by Alderman Swaim. The council followed with a unanimous vote. The Clerk then _
read the Ordinance the second time.
Alderman Parker moved that the rules be further suspended and the Ordinance placed on the
third and final reading. The motion was seconded by Alderman Swaim. The council followed with a
unanimous vote. The Clerk then read the Ordinance the third and final time. The Mayor asked if there
was any discussion. Tim Arnold, Battalion Chief with the VBFD, said that the department has needed a
better, bigger, and taller truck for several years but that grants are hard to come by for the purchase of
fire trucks. This truck is a 2013 demo truck that has been discounted significantly due to it being three
years old, however it will still have a full factory warranty. He said that Heber Springs is willing to pay
$125,000.00 for our old 75' ladder truck.
The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by
Alderman Dodd and seconded by Alderman Petty to adopt the Ordinance. On the Clerk's calling
the roll,the following vote resulted: Ayes—Alderman Moore, Swaim, Dodd, Sparkman, Parker
and Petty. Nays—none. The Mayor declared the motion carried as there were six (6) ayes and (0)
nays. Four (4)votes being necessary for passage.
Motion was made by Alderman Parker and seconded by Alderman Swaim, that the
emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes
—Alderman Moore, Swaim, Dodd, Sparkman, Parker and Petty. Nays—none.
The Mayor then declared the Ordinance passed and signed same in open Council, duly
attested by the City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 7-2016
CITY OF VAN BUREN,ARKANSAS
SECTION 3: The City Council in accordance with the terms of A.CA.§14-58-303(bx2)(B)hereby
ORDINANCE NO. -2016 waives the requirement of competitive bidding and directs the Mayor to purchase the
above described for the price set forth in Section 2 above.
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,ARKANSAS
AN ORDINANCE TO BE ENTITLED:
SECTION 4: The Mayor is further authorized to utilize Act 833 funds in the amount of$103,000.00
AN ORDINANCE TO WAIVE COMPETITi:VE BIDDING AND for partial payment and enter into an agreement with an appropriate financial institution
AUTHORIZE A CONTRACT FOR, AND PURCHASE OF, A in order to finance the remaining payment of this equipment,pursuant to AMENDMENT
PIERCE ARROW XT 105' LADDER APPARATUS FROM 78,SECTION 2 OF THE CONSTITUTION OF THE STATE OF ARKANSAS and
PIERCE MANUFACTURING;FOR THE APPROPRIATION OF ARK.CODE ANN.§14-78-103.
FUNDS;DECLARING AN EMERGENCY; AND FOR OTHER
PURPOSES.
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
WHEREAS, the City of Van Buren is in need of a replacement fire ladder apparatus for the safety of necessarythe pre
for servation of the public health,safety,and welfare,it shall take effect
life and protection of property by the City of Van Buren Fire Department;and
from and after its passage and approval.
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 SECTION 6: The Mayor and City Clerk are hereby authorized by the City Council for the City of Van
most practical,feasible and cost effective method to replace the current fire ladder Buren to execute all documents,contracts,and agreements necessary to effectuate this
apparatus for the department.This vehicle is uniquely suited to the needs of Van Buren, Ordinance.
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 SECTION 7: The various provisions and parts of this Ordinance are hereby declared to be severable,
(including trade in of the current ladder apparatus)exceeds the limit for purchase without and,if any section or part of a section,or any provision or part of a provision herein,is
competitive bidding;and declared to be unconstitutional,inappropriate,or invalid by any court of competent
WHEREAS, the City Council has determined,pursuant to A.CA.§14-58-303 2 drat jurisdiction,such holding shall not invalidate or affect the remainder of this Ordinance
�)()(B) and to that extent the provisions hereto are declared to be severable.
exceptional circumstances exist which render the competitive bidding process to not be
practical or feasible;and IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,
approve,and adopt,by a vote of (Ofor and Q�against,the foregoing Ordinance at a special meeting
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. held on the 28 day of April 2016.
NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF
THE CITY OF VAN BUREN,ARKANSAS,THAT:
Ro . re
SECTION 1: The Fire Department of the City of Van Buren,Arkansas is in immediate need to Mayor
purchase the Pierce Arrow XT 105'Ladder Apparatus and associated firefighting ����
equipment ATTESTED: APP'(4Lst�,. TO 1 RM
SECTION 2: The purchase of said fire apparatus from Pierce Manufacturing,located in Appleton � /1 , ,
'I#'�.b
Wisconsin,for the sum of$603,000.00(including trade in of the current ladder ( -4.
apparatus),pursuant to the purchase order attached hereto as Exhibit"A"is necessary to Barbie Curtis Candice A.Settle
protect the life and safety of Van Buren citizens. City Clerk/Treasurer City Attorney
There being no further business, motion was made by Alderman Parker seconded by
Alderman Sparkman to adjourn. The Council followed with a unanimous vote. The meeting
adjourned at 5:50 p.m.
ATTESTED: ' ' I VED:
&LfiitZ
CITY CLERK-TREASURER MA•I R
1
r