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ORDINANCE #921
AN ORDINANCE PROVIDING FOR WAIVER OF THE REQUIREMENTS OF COMPETITIVE
BIDDING IN THE PURCHASE OF A SOLID WASTE MANAGEMENT SYSTEM (AN INCIN-
ERATOR SYSTEM) FROM U. S. RECYCLE CORPORATION AND CONSUMAT SYSTEMS,
INC.; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES.
WHEREAS, Arkansas Statute ss19-4425 provides that the City Council of
any city may waive the requirements of competitive bidding in ex-
ceptional situations where such procedure is deemed not feasible or
practical, and
WHEREAS, the Consumat System is the only solid waste management system
approved by the Arkansas Board of Pollution Control, and
WHEREAS, the City of Batesville is currently under court order to
close its present city landfill, and
WHEREAS, the City of Batesville has determined that an incinerator is
the most feasible and practical alternative to a landfill system, and
that a landfill system is not feasible.
NOW THEREFORE BE IT ORDAINED by the City Council of the City of Batesville,
Arkansas:
Section 1: That competitive bidding for the purchase of the
equipment necessary for the installation and construction of a solid
waste management system for the City of Batesville be, and is hereby,
waived as authorized under Section 19-4425, Ark. Stat. Ann. (Repl. 1968).
Section 2: That the City Council deems competitive bidding is not
feasible and is not practical and waives competitive bidding in this
situation for the following reason: The only company which is authorized
and approved to sell said incinerators in the State of Arkansas is the
seller of the equipment that the City of Batesville intends to purchase.
Section 3: That the Mayor and City Clerk of the City of Batesville
be, and they are hereby authorized and directed for and on behalf of
the City of Batesville to purchase said incinerator equipment from
U. S. Recycle Corporation and Consumat Systems, Inc. as may be found
necessary for the installation and construction of said system.
M
Section 4: That it is ascertained and declared that the lack of
a solid waste management system to serve the inhabitants of the City
of Batesville, Arkansas, subjects the City to hazards that greatly
endangers the lives, health and property of the inhabitants of the
City; that it is necessary that the City immediately construct and
place into practice an adequate solid waste management system to
protect the lives, health and property of its inhabitants, and that
only by passing this ordinance and placing it into immediate effect
can the City proceed expeditiously in constructing and operating
the said system.
IT IS THEREFORE, declared that an emergency exists, that this
Ordinance is necessary for the immediate preservation of the public
peace, health and safety and that this ordinance shall take effect
and be in force from and after its passage.
Adopted: December 19, 1979. /� f
Approved ,` 11,
Peyton olden, Mayor
ATTEST:
Larry Wil iams, City Clerk