ORD NO 11-2019 CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO.,/ -2019
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 WAIVE OPEN COMPETITIVE
BIDDING AND PROCEED WITH THE FLOOD DAMAGE
REPAIRS AT THE CITY'S LEE CREEK INDUSTRIAL PARK
(BEKAERT) WASTEWATER TREATMENT PLANT;
DECLARING AN EMERGENCY.
WHEREAS, the City of Van Buren's Lee Creek Industrial Park(Bekaert)Wastewater Treatment
Plant sustained severe damages during the 2019 Arkansas River flood event; and
WHEREAS, during and immediately after the flood event the Lee Creek Industrial Park
(Bekaert) Wastewater Treatment Plant could not be operated causing restroom
facilities to be closed at three (3) facilities; and
WHEREAS, the immediate repair of the Lee Creek Industrial Park (Bekaert) Wastewater
Treatment Plant is necessary in order to maintain the proper flow and treatment of
wastewater at the Lee Creek Industrial Park(Bekaert)Wastewater Treatment Plant;
and
WHEREAS, since the inability to operate the Lee Creek Industrial Park (Bekaert) Wastewater
Treatment Plant could cause adverse health effects and the City to be in non-
compliance with the City's Arkansas Department of Environmental Quality
(ADEQ)National Pollutant Discharge Elimination System (NPDES) Permits, it is
necessary to implement and complete repairs and return to complete operations as
soon as possible; and
WHEREAS, after review and consideration; Hubbs Construction was hired to complete the
repairs and return the Lee Creek Industrial Park (Bekaert) Wastewater Treatment
Plant to normal operations for the sum of Fifty-Eight Thousand, Nine Hundred
Forty-One Dollars and Eighty-Five Cents ($58,941.85); and
WHEREAS, 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
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 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 CO for and C) against,the foregoing Ordinance at its
Regular Meeting held on the 26th day of August 2019.
J �1yP. st
Mayor
ATTEST: AP ' : OVE 1 FO :
Ph 1regifeldeA177)
Thomas Candice A rap
City Clerk-Treasurer • - orney
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 WAIVE OPEN COMPETITIVE BIDDING AND PROCEED WITH THE
FLOOD DAMAGE REPAIRS AT THE CITY'S LEE CREEK INDUSTRIAL PARK
(BEKAERT)WASTEWATER TREATMENT PLANT AND DECLARING AN EMERGENCY
WHEREAS,the City of Van Buren's Lee Creek Industrial Park(Bekaert)Wastewater Treatment
Plant sustained severe damages during the 2019 Arkansas River flood event,and
WHEREAS,during and immediately after the flood event the Lee Creek Industrial Park
(Bekaert)Wastewater Treatment Plant could not be operated causing restroom facilities to be
closed at three(3)facilities,and
WHEREAS,the immediate repair of the Lee Creek Industrial Park(Bekaert)Wastewater
Treatment Plant is necessary in order to maintain the proper flow and treatment of wastewater at
the Lee Creek Industrial Park(Bekaert)Wastewater Treatment Plant,and
WHEREAS,since the inability to operate the Lee Creek Industrial Park(Bekaert)Wastewater
Treatment Plant could cause adverse health effects and the City to be in non-compliance with the
City's Arkansas Department of Environmental Quality(ADEQ)National Pollutant Discharge
Elimination System(NPDES)Permits,it is necessary to implement and complete repairs and
return to complete operations as soon as possible,and
WHEREAS,after review and consideration;Hubbs Construction was hired to complete the
repairs and return the Lee Creek Industrial Park(Bekaert) Wastewater Treatment Plant to normal
operations for the sum of Fifty Eight Thousand,Nine Hundred Forty One Dollars and Eighty
Five Cents($58,941.85).
THE CITY OF VAN BUREN MUNICIPAL UTILITIES COMMISSION DOES HEREBY
RECOMMEND:
(1) That the City Council waives the requirement of competitive bidding in this particular
situation in that said requirement of open publically advertised bidding procedure is
deemed not to be feasible or practical because time is of the essence and it is
necessary to proceed as soon as possible. •
PASSED this 20th day of August,2019. .9
Jim Williamson,CHAIRMAN
ATTEST: r0/204
Kathy Geppert,SECRETARY
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