04 April 2011 Special MINUTES OF THE VAN BUREN, ARKANSAS
SPECIAL CITY COUNCIL MEETING
HELD APRIL 4, 2011
A special called meeting of the City Council of the City of Van Buren, Arkansas met at
5:00 p.m., on Monday, April 4, 2011 at City Hall. The meeting was called to order by
Mayor Freeman. Council members present were Alderman Swaim, Parker, Moore, Ragsdale, Dodd, and
Sagely. City Clerk Treasurer Barbie Curtis and City Attorney Candice Settle were also present. This
made a total of nine (9) present. A quorum was declared.
The Mayor ordered spread upon the minutes, the "NOTICE OF SPECIAL MEETING
AND WAIVER OF REGULAR NOTICE OF AND CONSENT TO SPECIAL MEETING."
First on the agenda was to consider AN ORDINANCE TO AMEND ORDINANCE
NO. 11 -2011 GRANTING A LICENSE AUTHORIZING LIMITED USE OF PORTIONS
OF THE CITY OF VAN BUREN, ARKANSAS'S RIGHTS -OF -WAY AND EASEMENTS
TO WINDSTREAM KDL, INC.; KENTUCKY DATA LINK; PROVIDING FOR
PAYMENT THEREOF; DECLARING AN EMERGENCY; AND FOR OTHER
PURPOSES. The Mayor read the Ordinance in its entirety. Alderman Swaim moved that the
rules be suspended and the Ordinance be placed on its second reading. The motion was
seconded by Alderman Sagely. On the Clerk's calling the roll, the following vote resulted:
Ayes Alderman Swaim, Parker, Moore, Ragsdale, Dodd, and Sagely. The Mayor declared the
motion carried as there were six (6) ayes and (0) nays. Four (4) votes being necessary for
passage. The Mayor then read the Ordinance the second time.
Alderman Swaim moved that the rules be further suspended and the Ordinance placed on
the third and final reading. The motion was seconded by Alderman Dodd. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale,
Dodd, and Sagely. The Mayor declared the motion carried as there were six (6) ayes and (0)
nays. Four (4) votes being necessary for passage. The Mayor then read the Ordinance the third
and final time. The Mayor asked if there was any discussion. There was none.
The Mayor then put the question, "Shall the Ordinance pass Motion was made by
Alderman Swaim and seconded by Alderman Parker to adopt the Ordinance. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale,
Dodd, and Sagely. The Mayor declared the motion carried as there were six (6) ayes and (0)
nays. Four (4) votes being necessary for passage.
Motion was made by Alderman Swaim and seconded by Alderman Ragsdale, that the
emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes
Alderman Swaim, Parker, Moore, Ragsdale, Dodd and Sagely. Nays none.
The Mayor then declared the Ordinance passed and signed same in open Council, duly
attested by the City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 12 -2011
1 SECTION 1. .F DDato-L lWindstream KDL Inc. which is
CITY OF VAN BUREN, ARKANSAS conducting or carrying on business in the City of Van Buren, Arkansas shall
pay a franchise fee of One Thousand Nine Hundred "Twenty Dollars (5 1,920)
ORDINANCE NO. 10.- 2011 for each year or part thereof this Franchise is in effect. The said amount will
be paid by the- Kenmeky Dab r 1,4,aveerpembd -KDL at the time of execution
of this franchise. The annual franchise fee shall he due by the tenth day of
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, each subsequent annual period.
ARKANSAS, AN ORDINANCE TO BE ENTITLED:
SECTION 2. Said One Thousand Nine Hundred Twenty Dollars ($1,920) shall be paid in
lieu of all other taxes, licenses, charges, fees or impositions except general or
AN ORDINANCE TO AMEND ORDINANCE NO. 11 -2011 GRANTING A special ad valorem taxes which might be lawfully imposed by the City. 1
LICENSE AUTHORIZING LIMITED USE OF PORTIONS OE THE CITY
OF VAN BUREN, ARKANSAS'S RIGHTS -OF -WAY AND EASEMENTS 1 SECTION 3. As an incident to the privilege hereby taxed the- Xe,',taay- Data- L
I TO WINDSTREAM KDL. INC.IKENTUGICY DATA LINK; PROVIDING Incorporated KDL shall have the right to occupy present or future streets,
FOR PAYMENT TH111180F; DECLARING AN EMERGENCY; AND highways, alleys, or other public ways of the aforesaid municipality for the
FOR OTHER PURPOSES. purpose of carrying on its said business, subject to Ordinance 21 -1973.
SECTION 4. Should any portion of this ordinance be Unconstitutional or invalid and so
WHEREAS, Windstream KDL Inc KDL KentaekyData- biak-(KDL), Le, of declared by a court of competent jurisdiction, then the remainder of ibis
Evansville, Indiana, desires to install fiber cable on aerial facilities and to ordinance shall not be affected by such partial invalidity,
construct, maintain and operate two (2) private, high density polyethylene
(HDPE) conduits containing a single fiber -optic cable within the City of Van SECTION 5. That due to the need to raise mare revenue, and to have the same fu effect
Buren, Arkansas for its private use; and 1 April }10, 2011, an emergency therefore is declared and the Ordinance being
necessary for the preservation of the public peace, health and safety shall be ill
WHEREAS, The installation of fiber cable on aerial facilities and the construction of said full force and effect from and after its passage and approval.
HOPE conduits necessitates the eenduits KDL facilities entering andfor
crossing certain portions of City rights -of -way and easements; and SECTION 6. The Mayor and City Clerk are hereby authorized by the City Council for the
City of Van Buren to execute all documents, contracts, and agreements
WHEREAS, The City Council of the City of Van Buren, Arkansas has determined that the necessary to effectuate this Ordinance
installs( ion, construction, maintenance and operation of the subject facilities
including HDPE conduits, by KDL, Inc. is not contrary to the public interest or
inherently inconsistent with the use of public rights -of -way or easements by the IN WITNES S WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
city or the public; and pass, approve, and adopt, by a vote of (pfor and 0 against, the foregoing Ordinance at its
Special Meeting held on the 4® day of April 2011.
WHEREAS, The City is entitled to just and reasonable compensation from KDL, in the
form of license fees, for thew use of those portions of the City rights -of -way
and casements; and a
WHEREAS, The parties agree that these information services area telecommunications Robert D. k
service and, therefore a utility for which a written frenchise agreement may be Mayor
entered pursuant to Ark. Code Ann. 14- 200 -201 or pursuant to the rights of
the City to control the subject public rights-of-way. A'I
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE /f�
CITY OF VAN BUREN, ARKANSAS, THAT: E6 4
On the agenda next was to consider A RESOLUTION ACCEPTING THE BID OF
WIMBERLY CONSTRUCTION, INC.; FOR THE CONSTRUCTION OF A PARKING
LOT AT THE FIELD OF DREAMS COMPLEX WITHIN THE CITY OF VAN BUREN,
ARKANSSA AND FOR OTHER PURPOSES. The Mayor read the Resolution in its entirety.
Mayor Freeman asked if there was any discussion. Alderman Mary Ann Dodd asked that since
their bid was considerably lower will they be coming back and requesting more money. Mayor
Freeman replied that only in the case of a cost that was not for seen will they have to do a change
order. Alderman Swaim seconded by Alderman Parker moved that the Resolution be adopted.
On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker,
Moore, Ragsdale, Dodd and Sagely. Nays none.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which
was attested by the City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 4 -1 -2011
CITY OP VAN BUREN, ARKANSAS
RESOLUTION NO. l_ 2011
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS
A RESOLUTION TO BE ENTITLED:
A RESOLUTION ACCEPTING TAE BID OF WIMBERLY
CONSTRUCTION, INC., FOR THE CONSTRUCTION OF A
PARKING LOT AT THE FIELD OF DREAMS COMPLEX
WITHIN TAE CITY OF VAN BUREN, ARKANSAS AND FOR
OTHER PURPOSES.
WHEREAS, The City of Van Buren recognizes the need to provide for the recreational needs
of its residents; and
WHEREAS, In an effort to meet the recreational needs, the City recognizes the need for
additional parking spaces at the Field of Dreams Complex and desires to
construct a 70,000 square foot gravel parking lot; and
WHEREAS, The City advertised and received bids for the improvements; and
WHEREAS, The bids have been received and opened in accordance with Arkansas law and Wimberly
Constriction, Inc., was the lowest bidder meeting the bid specifications; and
WHEREAS, The City of Van Buren has determined that the bid of Wimberly Construction, Inc., for the
amount of $34,180.00 was the best bid.
NOW, IHEREFORE, BE IT RESOLVED BY TAE CITY COUNCIL OF VAN BUREN,
ARKANSAS, THAT:
Section 1: The City of Van Buren, Arkansas accepts the bid of $34,180.00 as submitted by
Wimberly Construction, Inc., as set forth in "Exhibit A" attached hereto; and
Section 2: The Mayor and City Clerk are hereby authorized by the City Council for the City of Van
Buren to pay all expenses from capital improvements funds relating to this project and to
execute all documents necessary to effectuate this resolution.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of for and (J against, t e going Resolution at its special meeting
held on the 4th day of April 2011.
1
Robert D.a
Mayor
ATTESTED: riUi
C l usz'
Barbie Curtis
City Clerk/Treasurer
There being no further business, motion was made by Alderman Parker seconded by
Alderman Dodd to adjourn. The Council followed with a unanimous vote. The meeting
adjourned at 5:15 p.m.
ATTESTED: A '°IVED:
CITY CLERK TREASURER M YOR