ORD NO 01-2023 CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO.O1 -2023
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO AMEND VAN BUREN'S-MUNICIPAL
CODE REGARDING COMPETITIVE BIDS TO RAISE THE
THRESHOLD TO CONFORM TO STATE LAW;
DECLARING AN EMERGENCY; AND FOR ;OTHER
PURPOSES.
WHEREAS, the City of Van Buren has adopted Ordinance 15-1985, as amended by 02-1999
and 34-2009, to establish a threshold of$20,000, over which any contract must be
competitively bid; and
WHEREAS, it is often inefficient and costly to bid contracts of$35,000 or less, in that it delays
purchases and minor capital improvements needed to benefit the citizens and
residents of Van Buren; and
WHEREAS, Act 435 of 2021, A.C.A. § 14-58-303, raised the state mandated competitive
bidding requirements for a city of the first class from$20,000 to $35,000.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF VAN
BUREN,ARKANSAS, THAT:
SECTION 1: Van Buren Municipal Code 03.04.01 is amended as follows:
The Mayor, or his duly authorized representative, shall have exclusive power and
responsibility to make purchases of all supplies, apparatus, equipment, materials,
and other things requisite for public purposes for the City of Van Buren and to
make all.necessary things to be furnished for the benefit of the city where the
amount of the expenditure for any purpose or contract does not exceed the sum of
Thirty-Five Thousand ($35,000).
SECTION 2: Van Buren Municipal Code 03-04-02 is amended as follows:
Where the amount of expenditure for any purchase or contract exceeds the sum of
Thirty-Five Thousand ($35,000), the Mayor or his duly authorized representative
shall invite competitive bids thereon by legal advertisement in any local
newspaper of general circulation. Bids received pursuant to said advertisement
shall be opened and read on the date set for receiving said bids in the presence of
the Mayor or his duly authorized representative. The contract shall be awarded to
the lowest responsible bidder, provided, however, the Mayor or his duly
authorized representative may reject any and all bids received. The City Council,
by ordinance, may waive the requirements of competitive bidding hereto in
exceptional situations where such procedure is deemed not feasible or practical.
SECTION 3: CONFLICTS: All ordinances and parts of ordinances in conflict with this
ordinance, be and the same are repealed.
SECTION 4: SEVERABILITY: 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 5: It is further found that 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 approval.
IN WITNESS WHEREOF, the City of Van uren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of� for and against, the foregoing Ordinance at its
regular meeting held on the 23`d day of January 2023.
4rosep . Hurst
ATTESTED: AP FORM:
Al ae�' —
Shawnna R n s owell
City Clerk/Treasurer City Attorney
G�etk Tress
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