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06 June 2007 SpecialMINUTES OF THE VAN BUREN, ARKANSAS SPECIAL CITY COUNCIL MEETING HELD JUNE 5, 2007 A special called meeting of the City Council of the City of Van Buren, Arkansas met at 5:00 p.m., on Tuesday, June 5. 2007 at City Hall. The meeting was called to order by Mayor Bob Freeman, presiding officer. The Mayor thanked everyone for corning. Council members present were Alderman Swaim, Parker, Moore, Johnson, Dodd and Sagely. City Clerk Treasurer Barbie Curtis and City Attorney Donald Jenkins were also present. This made a total of nine (9) 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." NOTICE OF SPECIAL !MEETING NOTICE OE SPECIAI. MEETING TO THE CITY COUNCILMEN OF THE CITY Y OF VAN BUREN, ARKANSAS Notice is hereby given that a Special Meeting of the City Council of the City of Van Buren, Arkansas, will be held at the Municipal Complex at 5:00 P.M. on Tuesday, June 5, 2007, for the following purpose: Consider Ordinance to purchase new fire truck from Pierce Manufacturing Consider Resolution Accepting high hid for fire ruc to be em.ved from fixed assets. B CERTIFICATE OF SERVICE OF NOTICE 1, Barbie Curtis, the duly appointed City Clerk- Treasurer of the City, of Van Buren, Arkansas, 1)0 IIEREBY CERTIFY that on the 5'" day ofJune, 2007, 1 served a true copy of the foregoing Notice of Special Meeting to each and every Councilman of the City of Van Buren, Arkansas, by handing a copy to each, in the manner provided in the By-laws. OR BARBIE CURTIS CITY CLERK- TREASURER WAIVER OF REGULAR NOTICE OF AND CONSENT TO SPECIAL MEETING We, the undersigned City Councilmen of the City of Van Buren, Arkansas, do hereby accept service of the NOTICE OF SPECIAL MEETING, waiving any and all irregularities in such service and in such Notice and Consent agree that the said City Councilmen of the City of Van Buren, Arkansas, shall meet at the time and place named in such Notice and for the purpose stated therein. On the agenda was to consider AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE A CONTRACT FOR, AND PURCHASE OF, A "PIERCE CONTENDER" FIRE TRUCK FROM PIERCE MANUFACTURING; FOR THE APPROPRIATION OF FUNDS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. The Clerk read the Ordinance in its entirety. Alderman Swaim moved that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Alderman Johnson. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson, Dodd and Sagely. The Mayor declared the notion carried as there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage. The Ordinance was read the second time. Alderman Swaim moved that the rules be further suspended and the Ordinance placed on the third and final reading. The notion was seconded by Alderman Johnson. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson, Dodd and Sagely. The Mayor declared the motion carried as there were (6) ayes and (0) nays. Four (4) votes being necessary for passage. The Clerk then read the Ordinance the third and final time. The Mayor asked if there was any discussion. Fire Chief Jerry McAdoo spoke explaining the new purchase. The Mayor then put the question, "Shall the Ordinance pass Motion was made by Alderman Swaim and seconded by Alderman Johnson to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson, Dodd and Sagely. 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 Swaim and seconded by Alderman Johnson, that the emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes: Alderman Swaim, Parker, Moore, Johnson, Dodd and Sagely. The Mayor then declared the Ordinance duly passed and signed same in open Council, duly attested by the City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 13 -2007 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. 13 -2007 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, AR- KANSAS AN ORDINANCE TO BE ENTITLED: AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE A CON- TRACT FOR, AND PUR- CHASE OF, A "PIERCE CONTENDER" FIRE TRUCK FROM PIERCE MANUFAC- TURING; FOR THE APPRO- PRIATION OF FUNDS; DE- CLARING AN EMERGENCY; AND FOR OTHER PUR- POSES. WHEREAS, the City of Van Buren is in immediate need of an additional fire truck for the safety of life and protection of prop- erty by the City of Van Bu- ren Fire Department; and WHEREAS, this vehicle would be available to put into service in August and that it would take ap- proximately nine months to order and receive any other new fire truck; and WHEREAS, after extensive research and inquiry, in- cluding solicitation of bids from Deep South Truck Sales (American La France), Pro -Fire Equip- ment (Pierce), and Fer- rara Fire Apparatus, the City of Van Buren Fire Chief has determined that Pro -Fire Equipment's "Pierce Contender Day- tona Demo (job #18937tr), fully equipped with a 2006 Cummins ISL 400 HP En- gine, LED light package. Waterous pump, Scott Air -Pales, and other acces sories as set forth in Ex- hibit "A" attached hereto, is uniquely suited to the needs of Van Buren, and that no other vehicle, for the same price, is a rea sonably suitable alterna tive; and WHEREAS the cost of this Pierce Contender is ap- proximately 5313,480.00, which exceeds the limit for the purchase without competitive bidding; and WHEREAS the City Coun- cil ant to A.C.A. A 14 determined 5 nt 14-58-302 that exceptional circum- stances exist which ren- der the competitive bid- ding process to not be practical or feasible, and WHEREAS, a state of emergency exists be- cause the Pierce Con- tender fire tuck will pro- vide life safety and pro- tection of property not now available, and be- cause the demo unit to be purchased is one of a kind. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION 1: That the Fire Department of the City of Van Buren, Arkansas is in immediate need to pur- chase "Pierce Contender Daytona Demo (job 18937tr) for the'replace ment of a recently dis- posed fire truck vehicle. SECTION 2: That said res- cue truck, and fire equip- ment, be purchase from Pierce Manufacturing, lo- cated in Appleton Wiscon- sin, for the sum of 5313,480.00, pursuant to the contract attached hereto as Exhibit "B." SECTION 3: That the City Council in accord with the terms of A.C.A. 14-58 -302 hereby waives the requirement of corn petitive bidding and di- rects the Purchasing Agent to purchase the above described for the price set forth in Section 2 above. SECTION 4: It is further found that due to immedi- ate need to acquire this rescue vehicle an emer- gency is declared to exist and this ordinance being necessary for the preser- vation of the public health, safety, and wel- fare, it shall take effect from and after its passage and approval. SECTION 5: That the Mayor is further author- ized to enter into an agreement with an appro- priate financial institution in order to finance pay- ment of the fire truck pur- suant to Amendment 78, Section 2 of the Constitu- tio sas. n of the State of Arkan- SECTION 6: The Mayor and City Clerk are hereby authorized by the City Council for the City of Van Buren to execute all docu- ments, contracts, and agreements necessary to effectuate this Ordinance, j including Exhibit "B SECTION 7: 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 provi- sion or part of a provision herein, is declared to be unconstitutional, inappro- priate, or invalid by any court of competent juris- diction, such holding shall not invalidate or affect the remainder of this Or- dinance and to that extent the provisions hereto are declared to be severable. IN WITNESS WHEREOF, the City of Van Buren, Ar- kansas, by its City Coun- cil, did pass, approve, and adapt, by a vote of 6 for and 0 against, the forego- ing Resolution at its meet- ing held on the 5th day of June, 2007. Robert D. Freeman, Mayor APPROVED AS TO FORM: N. Donald Jenkins, Jr., City Attorney ATTESTED: City Barbie Curtis, Clerk/Treasurer Published in the June 9, 2007 issue of the Press Ar- gus- Courier On the agenda next was to consider A RESOLUTION ACCEPTING THE HIGH BID FOR CERTAIN FIXED ASSETS AUTHORIZED TO BE SOLD AND DISPOSED OF BY SEALED BID, OR OTHER METHODS AUTHORIZED UNDER THE LAW, AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. There was none. Alderman Swaim seconded by Alderman Parker moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson, Dodd and Sagely. Nays none. The Mayor thereupon declared the Resolution adopted and signed the Resolution, which was attested by the City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 6 -1 -2007 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 1 2007 1317 IT ENACTED 13Y THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION ACCEPTING THE HIGH 13113 FOR CERTAINFIXED 'rS AUTIIORIZEDTOI3ESOLDAND DISPOSED OF BY SEALED 13113, OR OTHER METHODS AUTHORIZED UNDER THE LAW, AND FOR OTIIER PURPOSES. WHEREAS. The City of Van Buren has authorized the sale and disposal of certain fixed assets which are obsolete, and/or beyond repair, and /or no longer cost effective, so as to no longer he needed by the City, pursuant to Resolution No. 2 -2 -2007 and WHEREAS, the City of Van Buren, after soliciting and opening seal bids for said assets, after advertisement of said sale, has received a high bid of $1,261.00 from the Crawford County BDR Fire District One. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS: SECTION 1: That the Mayor is hereby authorized to accept the high bid as set forth in "Exhibit 1" attached hereto for the following property: 1975 Ford 1250 gallon per minute Pumper/5011 Telesquin Serial #091 LVC335548 SECTION 2: The Mayor and City Clerk are hereby authorized by the City Council for the City of Van Buren to execute all documents necessary to effectuate this sale and transfer. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of f0 for and 0 against, the foregoing Resolution at its meeting held on the 5 fday of June, 2007. ATTESTED: Barbie Curtis, City Clerk /Treasurer Mayor Freeman spoke and said that Cox Communications is dosing their Van Buren location. Alderman Parker seconded by Alderman Swaim made a motion to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 5:20 p.m. ATTESTED: CITY CLERK TREASURER APPROVED: