ORD NO 10-1997 r P.,
CITY 01: VAN BUIREN, ARKANSAS
ORDINANCE NO. /0 -1997
AN ORDINANCE GRANTING A LICENSE AUTHORIZING LIMITED USE OF
PORTIONS OF THE CITY OE VAN 13UJREN, ARKANSAS' RIGHTS-OE-WAY AND
EASEMENTS TO SOUTHWESTERN GLASS COMPANY; PROVIDING FOR
PAYMENT THEREOF; DE.CI,ARING AN EMERGENCY; AND FOR OTHER
PURPOSES.
WHEREAS, Southwestern Glass Company, Inc. of Van Buren,
Arlc:insas, desires to construct, maintain and
operate a private, natural gas pipeline within the
City of Van Buren, Arkansas for its private use at
its manufacturing facility located in Van Buren,
Arkansas: and
WHEREAS, The construction of said pipeline necessitates the
pipeline entering and /or crossing certain portions
of City rights -of -way and easements; and
WHEREAS, The City Council of the City of Van Buren, Arkansas
has determined that the construction, maintenance
and operation of the subject natural gas pipeline by
Southwestern Glass Company, Inc. is not contrary to
the public interest or inherently inconsistent with
the use of public rights -of -way or easements by the
city or the public; and
WHEREAS, The City is entitled to just and reasonable
compensation from Southwestern Glass Company,
Inc., in the form of license fees, for their use of
those portions of the City rights -of -way and
easements.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF VAN
BUREN, ARKANSAS:
SECTION 1: That Southwestern Glass Company, Inc., in order to
facilitate its construction, maintcnancc and
operation, within the City of Van Buren, Arkansas,
of a private, natural gas pipeline for its private use
at its manufacturing facility located in Van Buren,
Arkansas, is hereby authorized to cross the City's
right -of -way easement along South 28th Street, and
also to enter and /or cross any City casement
existing along South 28th Circle, and that such
private, natural gas pipelines are authorized to
exist and use the above descrihed portions of City
rights -of -way and casements at their current depth
as constructed.
SECTION 2: That should the Southwestern Glass Company, Inc.
natural gas pipeline, that is the subject of this
Ordinance, be determined to be inconsistent with
usage of the City's rights -of -way or easements by
the City or the public at any point in the future,
Southwestern Glass Company, Inc. shall relocate or
modify its natural gas pipeline as necessary to be
consistent with right -of -way or casement usage by
the City and the public. In the event that the
Southwestern Glass Company, Inc. pipeline cannot
he relocated or modified so as to be consistent with
usage of the City's rights -of -way and easements by
the City and the public, Southwestern Glass
Company, Inc. shall remove the natural gas pipeline.
Any such relocation, modification or removal shall be
at Southwestern Glass Company Inc.'s sole expense.
SECTION 3: That as compensation for this use of the above
described portions of the City's rights -of -way and
easements, Southwestern Glass Company, Inc. shall
pay to the City of Van Buren, Arkansas a license fee
of $10.00 per month commencing the month
Southwestern Glass Company, Inc. begins to
transport natural gas through its private pipeline.
Said payment may be made quarterly or annually
upon the discretion of Southwestern Glass Company,
Inc. If payments are to he made quarterly, they
shall be due on or before the 31st day of March, the
30th day of June, the 30th day of September and the
31st day of December of each year. If payments are
made annually, such annual payment shall be made
on or before the 31st day of December of each year.
All payments shall be forwarded to the Van Buren
City Clerk's Office. Southwestern Glass Company,
Inc. shall, within 30 days after the passage of this
ordinance, give written notice to the City of Van
Buren, through the City Clerk's Office, of which
payment schedule it will utilize. For a period of
twenty -five (25) years from the effective date of
this Ordinance, the annual license fee called for
herein shall not increase by a percentage which is
greater than the percentage increase in the annual
franchise fee paid by the natural gas public utility
providing service within the City of Van Buren
during the same period.
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i
SRC'I'ION 4: 'that, as herein described and authorized, the
Sou thwestc Glass Company, Inc. natural gas
pipeline is determined to be consistent with usage of
the City's rights -of -way or easements by the City
and the public.
SkCI'ION 5: 'that by passage of this Ordinance, the Van Buren
City Council hereby ratifies the previous act of the
Mayor of the City of Van Buren, Arkansas in
authorizing Southwestern Glass Company, Inc. to
install a private, natural gas pipeline in, upon,
across and through the above described portions of
the City's rights -of -way and easements_
SEC'T'ION 6: 'That all other ordinances, agreements and parts of
ordinances and agreements in conflict with the
provisions of this Ordinance are hereby repealed.
Si CTION 7: That should any portion of this Ordinance he
unconstitutional or invalid and so declared by a
Court of competent jurisdiction, then the remainder
of this Ordinance shall not be affected by such
partial invalidity.
SRC'I' f{: That due to the need for the City to protect the
integrity of its public rights -of -way and casements
and for the administration of their use, an
emergency is declared and this Ordinance being
necessary for the public peace, health, and safety
shall be in full force and effect from and after its
passage.
PASSF,I) AND APPROVED 'I'HIS 21st DAY OF April 1997.
T.
MAYOR
AT'1'BS'I'hb:
CITY CLPRK /TREASURER
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CITY OFFICERS 1
ANN. GRAHAM
7"
City Clerk- Treasurer 1_ "I a V F'
r
GARY COTTRELL (j.' p 2 ,I f r
Municipal Judge t
STEVEN PEER a F a'�L A l ps,,;!, nu Qu
City Attorney I c® 1 „�.r 1
AA v,. SA 1' �I
DONNA PARRISH t o a;; —V
Court Clerk l.�(
VIVIAN MITCHELL
Administrative Assistant
to the Mayor
Alderman City of Van Buren, Arh nsas
DAVID MOORE
MIKE PITCHFORD
GEORGIA POLK JOHN RIGGS, Mayor
BILL SWAIM 1003 Broadway Van Buren, Arkansas 72956 (501) 474 -1541
BILL TAYLOR
DORVAN WILEY
April 17, 1997
MEMO
TO: VAN 13UR•N CITY COUNCIL.
FROM: STEVEN PEER
The alteration to the Ordinance suggested by Southwestern Glass
Co. has been approved by our attorney, Mr. Donahue, and incorporated
into the new version of the Ordinance.
PROGRESS IS ±lt 6 OUR PROJECT
A 6
'YKSAS
fa
faut nwcitern C dil Com oany nC
1016 South 28th Street P. O. Drawer Z Van Buren. Arkansas 72956 (501) 474 -5293 FAX (501) 471 -1834
April 16, 1997
City of Van Buren, Arkansas
Attn.: Steven G. Peer
1003 Broadway
Van Buren, AR 72956
Dear Mr. Peer:
I am in receipt of the copy of the Ordinance granting Southwestern Glass the use of the City's rights -of
way. After reviewing the Ordinance, I would like to request the inclusion of the following language in
Section 3 of the Ordinance:
"For a period of 25 years from the effective date of this Ordinance, the annual license fee called for
herein shall not increase by a percentage which is greater than the percentage increase in the annual
franchise fee paid by the natural gas public utility providing service within the City of Van Buren during
the same period of time."
If there are any questions on this addition, please call me at your earliest convenience. Thank you for
your cooperation.
Sincer
W e
Michael R. Christman
President
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