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HomeMy WebLinkAbout2023-01-10-AGENDARick Elumbaugh, Mayor Denise Johnston, Clerk Timothy Meitzen, Attorney 1. 2. 3. 4. 5. 6. 7. 0 9. 10. 11. 12. A HISTORIC TI EASURE ��h.9,�;SAS' OLDEST C��� 1 AGENDA CITY OF BATESVILLE CITY COUNCIL 500 EAST MAIN BATESVILLE, AR 72501 January 10, 2023 5:30 P.M. COUNC/LMEMBERS Brittany Bennett Thomas Bryant Scott Fredricks Julie Hinkle Paige Hubbard Fred Krug Douglas Matthews Chris Poole CALL TO ORDER INVOCATION ROLL CALL BY CITY CLERK APPROVAL OF MINUTES APPROVAL OF AGENDA COMMENTS FROM CITIZENS UNFINISHED BUSINESS None NEW BUSINESS A) Police Department Report B) Engineer's Report C) Recognize Fire Chief Ronnie Painter for his retirement D) Consider an ordinance adopting the rules and procedures for the transaction of business of the Council E) Consider an ordinance to waive competitive bidding on certain items for 2023 F) Executive Session G) Financial report COMMENTS FROM THE MAYOR LIAISON REPORTS COMMENTS FROM COUNCIL MEMBERS (by roll cal ADJOURNMENT "City of Hospitality" CITY OF BATESVILLE ORDINANCE NO.2023- AN ORDINANCE ADOPTING RULES OF PROCEDURES FOR THE TRANSACTION OF BUSINESS OF THE COUNCIL FOR THE CITY OF BATESVILLE, ARKANSAS AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS: SECTION 1. The Batesville City Council shall meet at 5:30 p.m. at the Batesville Municipal Building on the second and fourth Tuesday of each month for its regular scheduled meeting. SECTION 2. Special meetings of the City Council of the City of Batesville, Arkansas may be held upon the call of the Mayor, whenever in his opinion it shall be necessary, or by three (3) members of the Council by giving notice in writing which notice shall be served personally or through U.S. mail or email to all members of the Council, which notice shall state the date and time of the meeting and purpose thereof. SECTION 3. All meeting of the City Council of the City of Batesville, Arkansas, shall be public meetings. Notice of the time, place and date of all special meetings shall be given by phone or email to representatives of the newspapers and radio stations located in Batesville, Arkansas, which have requested to be notified at least two (2) hours before the special meeting takes place. SECTION 4. At all meetings of the Council the following shall be the order of business unless the Council by a majority vote shall order otherwise. 1. Call to order 2. Invocation 3. Roll call by City Clerk 4. Approval of minutes 5. Approval of agenda 6. Comments from Citizens 7. Unfinished Business 8. New business 9. Mayor Comments 10. Liaison Reports 11. Council Comments (by roll call) 12. Adjournment SECTION 5. The City Clerk shall keep a journal of its proceedings in the manner as other legislative bodies. The yeas and nays shall be taken and entered upon the journal on any by-law, motion, ordinance or resolution. SECTION 6. Procedural rules: A. All proposed ordinances or resolutions may be offered to the City Council by one of its members or Mayor. B. The Batesville City Council may, by a two-thirds vote of the Council, waive the readings of a proposed ordinance in its entirety, provided, however, that the proposed ordinance be fully and distinctly explained. C. That the City Council shall not pass or consider at the next regular meeting any resolution, ordinance, petition, contract, lease, appointment or any other matters, filed with the City Clerk after 12:00 Noon, on Tuesday, preceding the meeting. This provision may be waived by a two-thirds vote of the entire Council. D. Items placed on an agenda shall be considered in the order in which they are placed on the agenda unless two-thirds of the City Council present shall vote to consider an item elsewhere. E. Parliamentary procedure provides for a more efficient and effective procedure for a City Council and has long been accepted as a standard authority for municipalities in conducting council meetings and shall be used as provided in the Arkansas Municipal League Procedural Rules booklet. F. A citizen wishing to address the City Council on a particular issue either under order of business No. 6, comments from citizens, order No. 7, unfinished business, or order No. 8, new business, shall have the right to do so not to exceed three (3) minutes in length. The Mayor shall recognize any citizen wishing to address the Council pursuant to this section. The City Clerk shall keep the citizen's time and shall notify the Mayor when the citizen's time has expired. SECTION 7. Any person who shall disrupt or interfere with a meeting of the Council or creates a disturbance in such meeting may be charged with such offense, and if convicted, shall be punished in accordance with the laws of the state. SECTION 8. The City Council may at any regular or special meeting, revise or modify these rules or adopt new rules by a majority vote of the full Council. SECTION 9. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 10. If any provision of this ordinance is held invalid, such invalidity shall not affect other provisions of the ordinance which can be given effect without the invalid provision, and to this end the provisions of the ordinance are declared to be severable. Adopted this 101h day of January, 2023. Rick Elumbaugh, Mayor Attest: Denise Johnston, City Clerk ORDINANCE NO. AN ORDINANCE WAIVING THE REQUIREMENTS OF COMPETITIVE BIDDING DURING THE CALENDAR YEAR OF 2023 ON THE PURCHASES OF USED EQUIPMENT, MOTOR FUEL, SB-2, HOT MIX ASPHALT, COLD MIX ASPHALT, WATER TREATMENT PROCESS CHEMICALS, BADGER RADIO READ METERS, PROPERTY INSURANCE AND EMPLOYEE HEALTH INSURANCE: 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 Five (5) of Act 28 of 1959 as amended by Section One (1) of Act 154 of 1979, as codified in the Arkansas Statutes as Ark. Code Ann. Section 14-58-303 et seq. the requirement of competitive bidding during the calendar year of 2022 is hereby waived on the purchases of used equipment, motor fuel, leased equipment, SB-2, hot mix asphalt, cold mix asphalt, water treatment process chemicals, Badger radio read meters, property insurance and employee health insurance. SECTION 2: That the City Council finds this is an exceptional situation warranting waiver of bidding due to the nonfeasibility and nonpracticality of bidding on used equipment, motor fuel, leased equipment, SB-2, hot mix asphalt, cold mix asphalt, water treatment process chemicals, Badger radio read meters, property insurance and employee health insurance. SECTION 3: That this ordinance shall be effective until December 31, 2023. SECTION 4: EMERGENCY CLAUSE - These purchases would be in the best interest of the public's health, safety and general welfare and the timeliness of said purchases being of the utmost importance and competitive bidding being nonfeasible and nonpractical, an emergency is hereby declared and this ordinance shall be in full force and effect as of the date of its passage. ADOPTED this loth Day of January, 2023. APPROVED: RICK ELUMBAUGH, MAYOR ATTEST: DENISE M. JOHNSTON, CITY CLERK