HomeMy WebLinkAbout1993-01-05 ® Q
• BEFORE THE CITY COUNCIL OF BATESVILLE, ARKANSAS
ORDINANCE # 93-1-5
ORDINANCE WAIVING COMPETITIVE BIDDING ON THE EQUIPMENT
NEEDED TO MAINTAIN SEWER SERVICE AND REPLACE
THE SEWER LINE ACROSS POLK BAYOU, DECLARING AN EXCEPTIONAL
SITUATION, DECLARING AN EMERGENCY AND FOR OTHER PURPOSES
WHEREAS, THE RECENT RAINS AND HIGH WATER HAVE CAUSED
EXTENSIVE PERMANENT DAMAGE TO THE MAJOR SEWER LINES AND
CONNECTIONS ALONG AND ACROSS POLK BAYOU WITHIN THE CITY; AND
WHEREAS, THE AFFECTED LINE HAS BEEN RENDERED COMPLETELY
UNUSABLE CREATING AN EMERGENCY CONDITION AND A POTENTIAL FOR
COMPLETE DISRUPTION OF SEWER SERVICE TO THAT PORTION OF
BATESVILLE LYING NORTHEAST OF POLK BAYOU ; AND
WHEREAS, IT IS NO LONGER FEASIBLE OR POSSIBLE TO
• CONTINUE WITH THE TEMPORARY PUMP AND LINES IN THAT THIS
SYSTEM IS INCAPABLE OF HANDLING THE FLOW AND AT THE SAME
TIME COMPLYING WITH THE RULES AND REGULATIONS OF THE
ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION , AND
WHEREAS, THE REPAIRS AND IMPROVEMENTS MUST BE
UNDERTAKEN IMMEDIATELY , WITH SAID IMPROVEMENTS COSTING
SUBSTANTIALLY IN EXCESS OF FIVE THOUSAND DOLLARS
($5 ,000 , 00) ; AND
WHEREAS, THIS CONDITION REPRESENTS AN EMERGENCY OR
EXCEPTIONAL SITUATION WHERE THE PROCEDURE OF COMPETITIVE
BIDDING SET OUT IN ARKANSAS CODE ANN , SECTION 14-58-303 IS
NOT FEASIBLE OR PRACTICAL; NOR
BE IT THEREFOR ORDAINED BY THE CITY COUNCIL OF THE CITY
• OF BATESVILLE, ARKANSAS :
• 1 . THE DESTRUCTION OF THE SEWER LINE ACROSS POLK BAYOU
SERVING THE NORTHEAST PORTION OF THE CITY OF BATESVILLE IN
COMBINATION WITH THE TEMPORARY PUMPING SYSTEM WHICH CAN NO
LONGER BE UTILIZED AND MAINTAIN COMPLIANCE WITH THE
REGULATIONS OF THE DEPARTMENT OF POLLUTION CONTROL AND
ECOLOGY OR HANDLE THE FLOW CREATED BY THIS LOSS ; CREATES AN
EMERGENCY AND AN EXCEPTIONAL SITUATION WHICH REQUIRES
IMMEDIATE ACTION BY THE COUNCIL .
2 . THE COSTS OF PUMPS , LINES AND REPAIRS REASONABLE
NECESSARY TO RESTORE AN ADEQUATE CONNECTION ACROSS POLK
BAYOU ARE SUBSTANTIALLY IN EXCESS OF FIVE THOUSAND DOLLARS
($5 ,000 . 00) .
• 3 . THE BATESVILLE UTILITY COMMISSION HAS DECLARED THIS
SITUATION TO BE AN EMERGENCY AND REPAIRS NEED TO PROCEED AS
QUICKLY AS POSSIBLE .
4 . AN EXCEPTIONAL SITUATION IS DECLARED TO EXIST
WHEREIN THE COMPETITIVE BID PROCEDURE SET OUT IN ARKANSAS
CODE ANN . SECTION 14-58-303 IS DEEMED NOT TO BE FEASIBLE OR
PRACTICAL IN THIS SITUATION .
5 . THE CITY WAIVES THE REQUIREMENT OF COMPETITIVE
BIDDING AND AUTHORIZES THE EXPENDITURE OF FUNDS REASONABLE
NECESSARY TO COMPLETE THE REPAIRS AND IMPROVEMENTS TO THE
SEWER LINE AND ITS ANCILLARY STRUCTURES ACROSS AND ALONG
POLK BAYOU .
EMERGENCY CLAUSE ;
THIS ORDINANCE BEING NECESSARY FOR THE HEALTH SAFETY AND
CONVENIENCE OF THE CITIZENS OF THE CITY OF BATESVILLE , AN
EMERGENCY IS HEREBY DECLARED TO EXIST AND THIS ORDINANCE
SHALL BE EFFECTIVE FROM AND AFTER THE DATE OF ITS PASSAGE .
IN WITNESS WHEREOF WE HAVE SET OUR HAND AND SEALS THIS 26TH
DAY OF JANUARY, 1993 .
HON ABLE JIM BARNETT, MAYOR
A TEST ;
DENISE JOHNSTON , CITY CLERK
•
•