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Home My WebLink AboutOrdinance 3541 FILED F _ R RECORD '91 APR 25 Pfd 4 01 ORDINANCE NO . 3541 WASlilis 1 , t'�SC �pAs R A . KJ � L ! _ 'vQ AN ORDINANCE WAIVING THE REQUIREMENTS OF COMPETITIVE BIDDING AND AUTHORIZING THE MAYORJL�� TO ENTER INTO A CONTRACT FOR INVESTIGATIVE SERVICES AND DECLARING AN EMERGENCY , WHEREAS , the Fayetteville Police Department conducted an investigation into officer misconduct as a result of an alleged January 14 , 1991 traffic stop involving Director Julie Nash and ; WHEREAS , the investigation concluded that the traffic stop \ never took place and ; WHEREAS , the Board of Directors believes it to be in the best interests of all concerned that an independent investigation be held to determine whether or not the conclusions contained in the aforementioned police investigation should be confirmed , amended and/or changed , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 , The Board of Directors hereby waives the requirements of competitive bidding for obtaining investigative services to confirm , amend , and/or correct the Fayetteville Police Department ' s investigation of the alleged January 14 , 1991 traffic stop involving Director Julie Nash for the reason that such requirements are not feasible or practical in order to timely commence and complete such investigation and due to the unique nature of the investigation . Section 2 , The Mayor is hereby authorized to execute an agreement between the City of Fayetteville and Mahlon Gibson for such investigative services at a minimum cost of $ 1 , 000 , 00 and a maximum cost not to exceed $ 3 , 000 . 00 plus expenses and upon mutually agreeable terms . Section 3 , The Board of Directors hereby determines that the immediate provision of the aforementioned investigative services are necessary for the public safety and welfare of the people of Fayetteville . Therefore , an emergency is hereby declared to exist and this ordinance being necessary for the public safety and welfare shall be in full force and effect from and after its passage and approval . LIB(R1411PAGE794 a PASSED AND APPROVED this 16th day of April 1991 . APPROVED aC�t%` By : il. .,,, Mayor A0 AtTEST : �. . It IIUR1411PAGE795 1, Alma Kollmeyer, Circuit Clerk and txofficio Recorder for Washington County, Arkansas, do hereby certify that this in- strumcit was Mad for record in my office as in6ccted hereon and the same is now CERTIFICATE OF RE duly rccoraed vi:h 1Se acknowledgement b�� CORD and cer::.icoto thereon in Record Book and State Of Arkansas Page as indicated thereon. Ci of Fatse�t_teville EN V, ;-, NESS WHEREOF, I havo hereunto 1, �-'e� +wsma& City Cierk and Ezo set hand and affixed the seal of said Fayetteville, do hereby certify that the Gurt Officlo recorder for the City of rt on the date indicated hereon. 8mtezed or f0 In ie f � B o record in my A*= Ko""Mayer office and the same appears in Circuit Clerk and Ordinance th Resolution bookat Ex-officio Eecorder 8o i witness my aII and sea C-s2L ay of �,,,,� �p by V 7 —T`_'_----- Cierk and Offlclo Recorder z- Recorder • STATE of ARKANSAS D ANCE N0.35/1 } as. tAN ORDINANCE . THE REQUIREMENTSING OF County of Washington 1 COMPETITIVE BIDDING ' AND AUTHORIZING THE MAYOR TO ENT=ER INTO A CONTRACT FOR IN- I, - hereby certify that I VESTIGATIVE SERVICES ' am the publisher of#MENORTHWEST ARNSAS TIMES, a daily newspaper AND DECLARING AN ; having lilia bei EMERGENCY. B a second class mailing privilege. nB not less than fourpages of WHEREAS, the , Fayet- ', five columns each, Published at a fixed place of business and at a fixed (daily) I teville Police Departmentintervals continuously In the City of Fayetteville, County of Washington, Arkansas conducted .an investigation into officer misconduct as a for more than a period of twelve months, circulated and distributed from an result of an alleged January established place of business to subscribers and readers generally of all classes Di 1991 traffic stop involving In the Ci and Count for a definite rice for each co Director Julie Nash p involving City Y P py, or a fixed price per WHEREAS, the investlga- I annum, which price was fixed at what Is considered the value of the publication, tion concluded that the traf- based upon the news value and service value It contains, that at least fifty percent fic stop never took place and; of the subscribers thereto have paid cash for their subscriptions to the newspaper WHEREAS, the- Board ofDiror Its agents or through recognized news dealers over a period of at least six the beors;berepes�ii 61 tie in months; and that the said newspaper u g y the best liiteresis,of.alt con- I publishes an average of more than tort cerned that an independent percent news matter. Investigation be held to determine whether or not the conclusions contained In I further certify that the legal notice hereto attached In the matter of the aforementioned police investigation should be con- firmed, amended and/ort changed. ` �t� Q �(.� l-Q./ O • �� 7 / BE IT ORDAINED BY THE BOARD OF DIREC- TORS OF THE CITY OFI was published in the regular daily issue of said newspaper for F A Y E T T E I L L E , ' consecutive Insertions as follows: ARKANSAS: " Section 1. The Board of Directors hereby waives the The first Insertion on the L day of 19 �L— requirements of competitive I _ Q bidding ". for obtaining . in-j ' vestigative services to con. the second Insertion on the day of 19 firm, amend, and/or correct ' the Fayetteville Polical Department's Investigation ! the third Insertion on the day of 19 of the alleged` January 16 1991 traffic stop involving Director Julie Nash for the and the fourth insertion on the 19 reason. that such require. ments are noi ,feasible or practical in order to timely commence and complete ' � � �// such investigation and due Sworn to and subscribed before me this / d )( day of to the unique nature of the investigation. Section Z. TheheMayor Is q hereby authorizedto ex. ecute an agreement between the City of Fayetteville and Mahlon' Gibson for such In. '— vestigative services at aIf t ry Publ e minimum cost of SLO00.00 . and a maximum cost not to P My Commission Expires: exceed $3,000.00 plus ex- penses and upon mutually agreea0leterms. I Section 3. The Board of J Directors hereby deter- mines that the immediate provision of the aforemen- tioned Investigative services ' are necessary for the public safety and welfare of the Fees lot, Printing _ S People of Fayetteville. Therefore, an emergency is hereby declared to exist and Cost of Proof _. 5 this ordinance being neces. sary for the public safety and welfare shall be in full Total S -� /1 force and effect from and after its passage and ap. proval. PASSED AND APPROV- , ED this 16th day of April, 991. APPROVED: By : Fred S. Vorsanger Mayor ATTEST: By : Sherry L. Thomas City Clerk