ORD NO 21-2017 CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO.4/ -2017
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,
ARKANSAS TO CONTRACT FOR PROJECT MANAGEMENT
SERVICES FOR THE CHAD COLLEY WILDERNESS PARK
BIKE AND PEDESTRIAN TRAIL DEVELOPMENT PROJECT;
DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES.
WHEREAS, the City of Van Buren wishes to develop bike and pedestrian trails and associated
amenities and improvements at Chad Colley Wilderness Park; and
WHEREAS, the Ozark Off Road Cyclists (OORC) is a non-profit entity having successfully
managed projects of similar type and scale; and
WHEREAS, the OORC has unique expertise regarding the development of trails in the region;
and
WHEREAS, it is the policy of the State of Arkansas that political subdivisions may elect to
waive competitive bidding where exceptional circumstances render said
procedures not feasible and practical; and
WHEREAS, a state of emergency exists to allow city staff and OORC to immediately pursue
potential grants and private funding for the project.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VAN BUREN,ARKANSAS,THAT:
SECTION 1: Given the aforesaid exceptional situation, the Van Buren City Council finds that it is not
feasible and practical to solicit competitive bids for development of bike and pedestrian
trails at Chad Colley Wilderness Park.
SECTION 2: The Mayor is authorized to enter into a contract with Ozark Off Road Cyclists for the
purpose of developing bike and pedestrian trails and related amenities and improvements
consistent with the Van Buren Master Park Plan and to expend funds, budgeted and
approved for said purpose, plus any grant funds received therefore, pursuant to said
contract,without competitive bidding.
SECTION 3: 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.
SECTION 4: It is further found that due to the immediate need to retain OORC as project manager, 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.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of to for and 0 against, the foregoing Ordinance at its regular meeting
held on the 18'day of December 2017.
Robert D. Freeman
••
ATTESTED: • ' ' 'O D • 0 FORM:
-171CarQD
•
Ph li Thomas Candice A. Settle
City Clerk/Treasurer City Attorney