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i . © ORDINANCE # !' AN ORDINANCE WAIVING THE REQUIREMENTS OF COMPETITIVE BIDDING CONCERNING THE PURCHASE OF INCINERATION EQUIPMENT FROM CONSUMAT SYSTEMS, INC. , AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE ANY AGREEMENTS FOR THE PURCHASE OF SAID EQUIPMENT DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS AS FOLLOWS: Section 1 : That pursuant to Section 5o Act 28 of 1959 as amende by Section 1 of Act 154 of 1979, as codified in Arkansas Statutes as Ark. Stat. Ann. X19-4425 the requirement of competitive bidding is hereby waived concerning the execution of a contract with Consumat Systems, Inc. , et. al. , for the purchase of incineration equipment. Section 2 : That the City Council finds that the purchase of incin '! eration equipment is an exceptional purchase warranting waiver of bidding due to the non-feasibility and non-practicality of bidding j' on such items and specifically finds as follows : (a) That the proposed incinerator equipment to be purchased is to be added to existing incinerator equipment now in use by the City of Batesville, and the existing system is Consumat Equipment and, there- fore, the purchased equipment would be compatible with the existing equipment. • (b) Other systems now marketed are substantially different in design and operation from the solid waste incinerator system now in use and the addition of an incompatible system would possibly result in an inefficient operation and be more costly. An incompatible system would require training in the different operations and would require alteration of the existing system or alteration of the new system in order to make the systems compatible with each other. i (c) The original building in which the current Consumat unit is located was constructed to accommodate a second Consumat unit identical to the existing unit and if the existing structure is to be used in conjunction with a new unit the Consumat unit is the only unit which could be placed in any new structure or complex to work with the existing unit. (d) The purchase of a different system from the existing system would require the City to stock two ( 2 ) sets of separate parts and the purchase of the Consumat System would therefore be more efficient and economical. (e) That Consumat and other manufacturers of inciner- ation equipment were contacted asking for a proposal and of those companies submitting proposals Consumat was the least expensive. iSection 3 : That the Mayor and City Clerk are hereby authorized and directed to execute the contract for purchase of incineration equipment with Consumat Systems, Inc. , and execute such other documents as are necessary to purchase said equipment, a copy of the proposal and contract for purchase being attached hereto, marked EXHIBIT "A" and made a part hereof as though fully said out ! herein word for word. Section 4 : EMERGENCY CLAUSE: This purchase would be in the best interest of the public ' s health, safety and general welfare and the timeliness of said purchase being of the utmost importance and competitive bidding being non-feasible and non-practical an emergency is hereby declared to exist and this Ordinance shall be in full force and effect as of the date of its passage.