1622ORDINANCE NO. ~~
AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR SECURING TUB GRINDER
SERVICES TO PROCESS THE DEBRIS FROM THE FEBRUARY 11TH ICE STORM,
DECLARING AN EMERGENCY AND FOR OTHER PURPOSES.
WHEREAS, Arkansas Code Annotated Section 14-58-303 allows waiving
of competitive bidding in exceptional situations where such procedure
is deemed not feasible or practical; and
WHEREAS, the February 11th, 1994 ice storm caused considerable
damage to trees throughout the City; and
WHEREAS, it is uneconomical to haul the debris to the landfill due
to the disposal cost and the only class IV landfill in the area that
could take the debris is often inaccessible due to the weather; and
WHEREAS, the amount of debris is piling up at various locations
throughout the city and will soon pose a health hazard; and
WHEREAS, the use of a tub grinder to reduce the debris to mulch
that can be used by area residents is a practical and economical means
for disposing of the debris; and
WHEREAS, all tub grinders in the area are under contract to the
City of Memphis; and
WHEREAS, JJS Enterprises of Rector, Arkansas has a tub grinder
that the City of West Memphis has used in the past and JJS Enterprise
is willing to leave its work once a week in Memphis to grind for West
Memphis; and
WHEREAS, the Federal Emergency Management Agency has added West
Memphis to the list of area that will receive federal assistance to
recover from the ice storm and has agreed to reimburse to the City of
West Memphis for the cost of using JJS Enterprises' tub grinder; and
WHEREAS, a tub grinder is available from a known dealer and
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because of the urgency required to complete the clean-up, competitive
bidding under such circumstances would not be feasible or practical;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WEST MEMPHIS, ARKANSAS:
1. That competitive bidding be waived for the use of a tub
grinder for the ice storm clean-up effort.
2. EMERGENCY CLAUSE. It having been found and determined by the
City Council of the City of West Memphis, Arkansas, that there is an
urgent and immediate need by the City of West Memphis to complete the
clean-up of debris from the February 11th, 1994 ice storm by
contracting the processing of the debris to a tub grinder operator, an
emergency is hereby declared to exist, and this ordinance being
necessary for the preservation of the public health, safety, and
welfare of the citizens of West Memphis, Arkansas, shall be in full
force and effec t from and after the date of its passage and approval.
PASSED AND APPROVED this ~ day of /" `~1-~C.~' , 19~.
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