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09 September 2017 Special MINUTES OF THE VAN BUREN,ARKANSAS SPECIAL CITY COUNCIL MEETING HELD SEPTEMBER 12, 2017 A special called meeting of the City Council of the City of Van Buren,Arkansas met at 5:30 p.m., on Tuesday, September 12, 2017 at City Hall. The meeting was called to order by Mayor Freeman. Council members present were Alderman Kneeland, Moore, Swaim, Wood and Sparkman. Deputy City Clerk Connie Hyatt was also present. Aldermen Petty as well as City Attorney Candice Settle were absent. This made a total of seven(7) 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." • 4 On the agenda next was to consider AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE A CONTRACT FOR, AND PURCHASE OF,THREE CHEVROLET TAHOES FROM SUPERIOR CHEVROLET; AND FOR THE APPROPRIATION OF FUNDS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. The Clerk read the Ordinance in its entirety. Alderman Wood moved that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Alderman Kneeland. The council followed with a unanimous vote. The Clerk then read the Ordinance the second time. Alderman Wood moved that the rules be further suspended and the Ordinance placed on the third and final reading. The motion was seconded by Alderman Kneeland. 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. Chief Jamie Hammond spoke briefly about the purchase of the Tahoes. Alderman Swaim asked how much it costs to dress the new vehicles out. Chief Hamond replied that it would cost$8,000 to $10,000. He noted that we would transfer as much equipment as possible,but some things such as cages and light bars must be outfitted to this specific type of vehicle. The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Alderman Swaim and seconded by Alderman Wood to adopt the Ordinance. On the Clerk's calling the roll,the following vote resulted: Ayes—Alderman Kneeland, Moore, Swaim, Wood and Sparkman.Nays—none. The Mayor declared the motion carried as there were five (5) ayes and (0)nays. Four (4)votes being necessary for passage. Motion was made by Alderman Wood and seconded by Alderman Moore, that the emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes —Alderman Kneeland, Moore, Swaim, Wood and Sparkman. 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 13-2017 CITY OF VAN BUREN,ARKANSAS is declared to exist and this ordinance being necessary for the preservation of the public ORDINANCE NO. 13-2017 health,safety,and welfare,it shall take effect from and after its passage and approval. BE IT ENACTED BY THE CITY COUNCIL,FOR IHts CITY OF VAN BUREN,ARKANSAS SECTION 5: The Mayor and City Clerk are hereby authorized by the City Council for the City of Van AN ORDINANCE TO BE ENTITLED: Buren to execute all documents,contracts,and agreements necessary to effectuate this AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND Ordinance. AUTHORIZE A CONTRACT FOR, AND PURCHASE OF, THREE CHEVROLET TAHOES FROM SUPERIOR SECTION 6: The various provisions and parts of this Ordinance are hereby declared to be severable, CHEVROLET; FOR THE APPROPRIATION OF FUNDS; and,if any section or part of a section,or any provision or part of a provision herein,is DECLARING AN EMERGENCY;AND FOR OTHER PURPOSES. 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 WHEREAS, the City of Van Buren is in need of certain police vehicles,for the safety of life and and to that extent the provisions hereto are declared to be severable. protection of property by the City of Van Buren Police Department;and WHEREAS, the Van Buren City Council authorized the purchase of said vehicles by the passage of IN WTTNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass, Resolution 08-02-2017 from Bale Chevrolet under the Arkansas state purchase contract approve,and adopt,by a vote of 5 for and O against,the foregoing Ordinance at its special meeting and held on the 121°day of September 2017. WHEREAS, Bale Chevrolet no longer has said vehicles for purchase under the contract and 'i I WHEREAS, after extensive research and inquiry,the City of Van Buren Police Chief has determined _ that the purchase of the vehicles from Superior Chevrolet of Siloam Springs at the 2018 li Ro•ert*f state purchase price would be the most practical,feasible and cost effective method for Ma• the department and ATTESTED: r' a••ROVE;0 OF RM: 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 (11111 practical or feasible;and Cal( Phyllis Thoaas Cean'C (,(q•{'(- Candice A.Settle WHEREAS, a state of emergency exists because the vehicles will provide improved life safety and D.py City Clerk/Treasurer City Attorney protection of property and because the units are currently available. NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The Police Department of the City of Van Buren,Arkansas is in immediate need to purchase three Chevrolet Tahoe vehicles. SECTION 2: The purchase of said vehicles from Superior Chevrolet,located in Siloam Springs, Arkansas,for the sum of$95,589.00 is necessary to protect the life and safety of Van Buren citizens. SECTION 3: The City Council in accordance with the terms of A.CA§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: It is further found that due to the immediate need to acquire these vehicles an emergency 1 1 On the agenda next was to consider AN ORDINANCE FOR COMPLIANCE WITH ARK. CODE ANN. § 14-42-107,AUTHORIZING THE CITY TO CONDUCT BUSINESS WITH AN OFFICIAL OR EMPOYEE OF THE CITY OF VAN BUREN, DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. The Clerk read the Ordinance in its entirety. Alderman Wood moved that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Alderman Kneeland. The council followed with a unanimous vote. The Clerk then read the Ordinance the second time. Alderman Kneeland moved that the rules be further suspended and the Ordinance placed on the third and final reading. The motion was seconded by Alderman Wood. 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. Mayor Freeman said this project will cost the city less than$1000 which is very reasonable,but since he is related to a city employee we must have council approval to proceed. The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Alderman Kneeland and seconded by Alderman Wood to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes—Alderman Kneeland, Moore, Swaim, Wood and Sparkman.Nays—none. The Mayor declared the motion carried as there were five (5) ayes and(0)nays. Four(4)votes being necessary for passage. Motion was made by Alderman Kneeland and seconded by Alderman Wood,that the emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes —Alderman Kneeland, Moore, Swaim, Wood and Sparkman. 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 14-2017 CITY OF VAN BUREN,ARKANSAS ORDINANCE NO. I4-2017 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS,AN ORDINANCE TO BE ENTITLED: AN ORDINANCE FOR COMPLIANCE WITH ARK. CODE ANN.§14-42-107,AUTHORIZING LHn,CITY TO CONDUCT BUSINESS • WITH AN OFFICIAL OR EMPLOYEE OF THE CITY OF VAN BUREN, DECLARING AN EMERGENCY;AND FOR OTHER PURPOSES. WHEREAS, A.C.A§14-42-107 requires an ordinance be enacted specifically permitting the conducting of any business between an official or employee of the city and the City of Van Buren;and WHEREAS, the City of Van Buren wishes to conduct business,on an ongoing basis,with Mr.Troy Young,who is also the brother of Mr.James Young an employee of the City of Van Buren in the Street Department;and WHEREAS, it is the desire of the Administration and the Van Buren City Council that compliance with A.C.A.§14-42-107 is satisfied for the conducting of all city business;and WHEREAS, the purpose of this Ordinance is immediately necessary for preservation of the health, safety and welfare of the inhabitants of the City of Van Buren,Arkansas and an emergency exists which requires that this Ordinance become immediately effective and in I full force and effect. NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1 Mr.Troy Young,who the brother of Mr.James Young an employee of the City of Van Buren in the Street Department,is hereby authorized to conduct business with the City of Van Buren Arkansas. SECTION 2: This Ordinance being necessary for the financial continuity of the City of Van Buren Arkansas,and necessary in providing for the immediate preservation of the public peace, health,and safety,an emergency is declared to exist and this Ordinance shall take effect and be in force 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 '5 for and 0 against,the foregoing Ordinance at its special meeting held on the 126 day of September 2017. Robert D.'• •an May. ATTESTED: 'PRA -au •' O FORM: CPA. Cion , L Con n,n- 4.4f- Candice A.Seine 1/.)0,-4.1 City Clerk/treasurer City Attorney There being no further business, motion was made by Alderman Moore seconded by Alderman Swaim to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 5:40 p.m. ATTESTED: APPROVED: CI CLERK-TREASURER MAY 1 R f t[