ORD NO 12-2016 CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO. IZ-2016
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE AUTHORIZING THE CITY OF VAN BUREN
MUNICIPAL UTILITIES TO PROCEED WITH THE PURCHASE AND
REPLACEMENT OF THREE BAFFLE CURTAINS LOCATED AT THE
CITY'S MAIN (SOUTH) WASTEWATER TREATMENT PLANT
DECLARING AN EMERGENCY AND WAIVING OPEN COMPETITIVE
BIDDING.
WHEREAS, the City of Van Buren Municipal Utilities has identified that all three baffle
curtains in the lagoon at the City's Main(South) Wastewater Treatment Plant
have become damaged and are no longer functioning as designed; and
WHEREAS, a complete and thorough inspection has determined that all three baffle curtains
cannot be repaired and should be replace; and
WHEREAS, the replacement of all three baffle curtains is necessary in order to maintain the
proper flow and retention of wastewater in the Main(South) Plant's treatment
process; and
WHEREAS, since the failure of the wastewater treatment process could cause adverse health
effects and the City to be in non-compliance with the NPDES Permits, it is
necessary to implement and complete replacement as soon as possible; and
WHEREAS, a cost estimate has been prepared by JPS Industries and reviewed by professional
engineers employed by the City of Van Buren Municipal Utilities Commission;
and
WHERAS, 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, the City of 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 City of
Van Buren Municipal Utilities to employ a contractor to proceed with necessary
purchase and replacement; 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 City of Van Buren Municipal
Utilities to purchase materials and employ a contractor and to pay all expenses
relating to this project.
SECTION 3: The purchase of materials and employment of a contractor 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(o for and O against, the foregoing Ordinance at its
Regular Meeting held on the 19th day of September 2016.
Robert D. Free 011111111.11"1"
Mayor
ATTEST: : 'PR elletkau ORM:
PIYy lis Thomas an'ice 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 CITY OF VAN BUREN MUNICIPAL
UTILITIES TO PROCEED WITH THE PURCHASE AND REPLACEMENT OF THREE
BAFFLE CURTAINS LOCATED AT THE CITY'S MAIN(SOUTH) WASTEWATER
TREATMENT PLANT DECLARING AN EMERGENCY AND WAIVING OPEN
COMPETITIVE BIDDING
WHEREAS,the City of Van Buren Municipal Utilities has identified that all three baffle curtains
in the lagoon at the City's Main(South) Wastewater Treatment Plant have become damaged and
are no longer functioning as designed,and
WHEREAS,a complete and thorough inspection has determined that all three baffle curtains
cannot be repaired and should be replaced,and
WHEREAS,the replacement of all three baffle curtains is necessary in order to maintain the
proper flow and retention of wastewater in the Main(South)Plant's treatment process,and
WHEREAS,since the failure of the wastewater treatment process could cause adverse health
effects and the City to be in non-compliance with the NPDES Permits,it is necessary to
implement and complete replacement as soon as possible,and
WHEREAS,a cost estimate has been prepared by JPS Industries and reviewed by professional
engineers employed by the City of Van Buren Municipal Utilities Commission,and
THE CITY OF VAN BUREN MUNICIPAL UTILITIES COMMISSION DOES HEREBY
RECOMMEND:
(1) That the City Council authorize the City of Van Buren Municipal Utilities
Commission to employ a contractor to proceed until completion with the replacement
of all three baffle curtains at the City's Main(South)Wastewater Treatment Plant,
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 . =•ure is
deemed not to be feasible or practical because time is of the essen • and it.
necessary to proceed as soon as possible.
PASSED this 16th day of August,2016.
C.E.Dougan,CH, •N
A'1-1'bST: ��GZ7" , 12642
Kathy Geppert,SECRETARY
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