06 June 2011 Regular MINUTES OF THE VAN BUREN, ARKANSAS
CITY COUNCIL MEETING JUNE 20, 2011
The City Council of the City of Van Buren, Arkansas met at 7:00 p.m. Monday, June 20,
2011 at City Hall. The meeting was called to order by Mayor Freeman. On roll call, the
following Council members answered as their names were called: Alderman Ragsdale, Dodd,
Sagely, Swaim, Parker and Moore. City Attorney Candice Settle and Deputy City Clerk Connie
Hyatt were present. City Clerk Treasurer Barbie Curtis was absent. This made a total of nine (9)
present. A quorum was declared.
The invocation was given by Jerry Goodson of Heritage United Methodist Church.
Next, Mayor Freeman led the Pledge of Allegiance.
Next, Mayor Freeman introduced Wayne Sandusky as the new street department
superintendent.
On the agenda next, Mayor Freeman asked to adopt the minutes of the Council Meeting
on May 16, 2011. Alderman Swaim made a motion to approve the minutes. Alderman Parker
seconded the motion. On roll call, the following Council members voted aye: Alderman
Ragsdale, Dodd, Sagely, Swaim, Parker and Moore. The following voted nay: none.
On the agenda next, Mayor Freeman asked to adopt the minutes of the Special Council
Meeting on June 6, 2011. Alderman Swaim made a motion to approve the minutes. Alderman
Ragsdale seconded the motion. On roll call, the following Council members voted aye:
Alderman Ragsdale, Dodd, Sagely, Swaim, Parker and Moore. The following voted nay: none
On the agenda next was to consider A RESOLUTION URGING THE FEDERAL
GOVERNMENT TO CONTINUE METROPOLITAN PLANNING ORGANIZATIONS
FOR URBANIZED AREAS UNDER 200,000 POPULATION. The Clerk read the
Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman
said it was called Bi -State Metropolitan since possibly the 1970's. The group now wants to
eliminate cities whose population is under 200.000. He said they may be able to grandfather us
in. He urged the council to be supportive of it. Alderman Swaim seconded by Alderman Dodd
moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote
resulted: Ayes Alderman Ragsdale, Dodd, Sagely, Swaim, Parker and Moore. Nays none.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which
was attested by the Deputy City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 6 -2 -2011
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. 6 2011
BE IT ENACTED BY TIIE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE EN I I I LED:
A RESOLUTION URGING THE FEDERAL GOVERNMENT' TO
CONTINUE METROPOLITAN PLANNING ORGANIZATIONS
FOR URBANIZED AREAS UNDER 200,000 POPULATION.
WHEREAS, in May 2011, the Frontier Metropolitan Planning Organization Q'1P0) was
designated by the Governors of Arkansas and Oklahoma to conduct transportation
planning and programming for the Fort Smith Region; and
WHEREAS, the Frontier MPO Policy Board is represented by the chief elated officials of
region; and
WHEREAS, the region encompassed in the Frontier MIPO is forecasted to continue to
experience growth in population and employment due to planned major
transportation investments (1 -49) and industries (Chaffee Crossing); and
WHEREAS, the region is located on the Arkansas River McClellan -Kerr
Navigation System and is designated as A America's Marine Highway Corridor;
and
WHEREAS, a seamless transportation system that provides connectivity between modes of
transportation for people and freight is critical to the economic development of
the region of Arkansas and Oklahoma, and the United States; and
WHEREAS, the next Surface Transportation Reauthorization should continue transportation
planning, programming, and decision making at the local level and under the
direction of local elected officials for urbanized areas; and
WHEREAS, the federal government should allow existing Metropolitan Planning
Organizations to be responsible for a continuing, comprehensive, and
coordinated transportation planning process to develop multimodal
transportation programs in cooperation with state transportation deparmenns,
public transportation agencies, local jurisdictions, and through the public
participation process.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Van Buren,
Arkansas, that the City Council encourages the Federal Government to continue to fund existing
MPOs under a new Surface Transportation Reauthorization Bill to allow a voice for regional
elected officials to plan and program transportation projects for the region.
LN' NTI NESS WHEREOF, the City of Van Buren, Arkansas, by its City Coweil, did
pass, approve, and adopt, by a vote of (p for and 42 against, the foregoing Resolution at its
mewing held on the 20 day of Lune, 2011.
Robert D.
Mayor
ATTESTED: AP" e 'Lt AAA FORM:
GALLI Ca
BedieC+nde Candice ettle
City Attorney
Le ig
On the agenda next was to consider A RESOLUTION SETTING A PUBLIC
HEARING DATE FOR VACATING A PUBLIC UTILITY EASEMENT RUNNING
ALONG TRACT 1 OF NULL TRACTS 1, 2 AND 3, BEING A REPLAT OF LOTS 18A,
19A AND 19B, CRAWFORD COUNTY INDUSTRIAL PARK PHASE II, AN ADDITION
TO THE CITY OF VAN BUREN, CRAWFORD COUNTY, ARKANSAS. The Clerk read
the Resolution in its entirety. Mayor Freeman asked if there was any discussion. There was
none. 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 Ragsdale, Dodd,
Sagely, Swaim, Parker and Moore. Nays none.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which
was attested by the Deputy City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 6 -3 -2011
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. 3 2011
BE IT ENACTED BY THE CITY COUNCIL FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION SSITING A PUBLIC REARING DATE FOR
VACATING A PUBLIC UTILITY EASEMENT RUNNING ALONG
TRACT 1 OF NULL TRACTS 1,2 AND 3, BEING A REPLAT OF LOTS
18A, 19A AND 193, CRAWEORD COUNTYINDUSIRAIL PARK PHASE
IL AN ADorn0N TO THE CITY OF VAN BUREN, CRAWFORD
COUNTY, ARKANSAS.
WHEREAS, Bob Null has petitioned ilia City Council of Van Buren, Arkansas, to vacate and abandon
the public utility easement along Tract 1 of Null Tracts 1, 2 and 3, being a replat of Lots
ISA, 19A, and 198, Crawford County Industrial Park ?bawll, an addition to the City of
Van Buren, Arkansas, more specifically described as follows:
Existing 20.00 Foot Public I:dlitv Easement Descrioting
Part of Tract 1, Null Tracts 1, 2, and 3, Van Buren, Crawford County, Arkaass being
more particularly described as follows:
Commencing al a K inch existing mbar marking t Northwest Comer of Tract 1.
Thence along the east line of Tract 1, South 01 degrees 28 minutes 00 seconds West,
650.00 Bet to a R inch existing iron pin. Thma leaving said east line, North 88 degrees
31 minutes 40 seconds West, 65.50 feet to a point oar the west line of as existing 40.00
foot public utility and drainage easement and the Point of Beginning Thence Kong said
west line, South 01 degrees 28 minutes 00 seconds West, 2000 feet Thence leasing said
west line, North 88 degrees 31 minutes 40 seconds Wan, 219.50 feet to apoint on the
an line of an existing 15.00 foot public utility easement Thence along said east Inc.
North 01 degrees 28 minutes 00 seconds East 2000 that to apoint on the south line of an
existing 15.00 foot utility casement Thence aka said south line, South 80 degrees 31
minutes 40 seconds East, 219.50 feet to the Paint of Beginning, containing 4 ,38993
square fxt
and
WHEREAS, Bob Null owns El the property through which the public utility easement to be vacated
extends; and
WHEREAS, The City Council of Van Buren, acting under the authority ofA.CA 14- 199 -103, as the
authority to vacate public utility easements or segments thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VAN BUREN, ARKANSAS, THAT:
SECTION 1: A Public Hearing Is 101 for lnly 18, 2011, at 7:00 P.M. in the Van Buren City Council
Room, at which time said Petition shall be presented the City Council and the Council
will determine at that time if such portion of said public utility easement should be
vacated and that all affected property owners and other persons directly interested have
consented to such vacating.
SECTION 2: The City Clerk of Van Buren, Arkansas, is hereby directed to give notice by publication
once a week for two consecutive weeks in some newspaper, published in Crawford
County, advising the property owners and others affected, of said daze and time the
Council will hear said Petition.
LN WITNESS WHEREOF, the City of Van 3mea, Adansao, by its qty Council, did pass,
approve, and adopt, by a vote of (c for and 0 against the foregoing Resolution at its regular meeting
held on the 209 day of June, 2011.
Robert D.F man
Mayor
ATTESTED: OP Ot Ifll A WI:
Barbie Curtis Candice A. Settle
Cam,_ City ACOmey
On the agenda next was to consider A RESOLUTION ACCEPTING THE BID OF
DB WELDING CONSTRUCTION, INC., FOR THE STREET DEPARTMENT
STORAGE BUILDING PROJECT, AND FOR OTHER PURPOSES. The Clerk read the
Resolution in its entirety. Mayor Freeman asked if there was any discussion. The Mayor stated
that this company has built a building recently for the county. Alderman Swaim seconded by
Alderman Ragsdale moved that the Resolution be adopted. On the Clerk's calling the roll, the
following vote resulted: Ayes Alderman Ragsdale, Dodd, Sagely, Swaim, Parker and Moore.
Nays none.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which
was attested by the Deputy City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 6 -4 -2011
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. j0- 4- 2011
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION ACCEPTING THE BTD OF DB WELDING
CONSTRUCTION, INC., FOR THE STREET
DEI'ARTNIENT STORAGE BUILDING PROJECT, AND
FOR OTHER PURPOSES.
WHEREAS, the City of Van Buren has advertised for bids for the Street Department Storage
Building Project; and
WHEREAS, bids have been received and opened in accordance with Arkansas law and
DB Welding Construction, Inc., was the lowest bidder meeting the bid
specifications; and
WHEREAS, the City of Van Buren has determined that the bid of DB Welding
Construction, Inc., is the best bid.
NOW, THEREFORE, 13E11' RESOLVED BY THE CITY COUNCIL
OF VAN BUREN, ARKANSAS THAT:
SECTION 1: The City of Van Buren, Arkansas accepts the bid of 32,900.00 as
submitted by DB Welding Construction, Inc., as set forth in "Exhibit 1"
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 relating to the Street Department
Storage Building Project and to execute all documents necessary to effectuate the
agreement.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council,
did pass, approve, and adopt, by a vote of lD for and against, the foregoing Resolution
at its regular meeting held on the 20`h day of June, 20
Robert D.'iee .1
Mayor
ATTESTED: ED AS TO 1 I:
Burbie- Eurtis Candice A. Settle
C City Attorney
C d 1 CIt*
On the agenda next was to consider A RESOLUTION ACCEPTING THE BID OF
BROTHERS CONSTRUCTION, INC., FOR THE JORDAN STREET DRAINAGE
IMPROVEMENT PROJECT, AND FOR OTHER PURPOSES. The Clerk read the
Resolution in its entirety. Mayor Freeman asked if there was any discussion. There was none.
Alderman Swaim seconded by Alderman Sagely moved that the Resolution be adopted. On the
Clerk's calling the roll, the following vote resulted: Ayes Alderman Ragsdale, Dodd, Sagely,
Swaim, Parker and Moore. Nays none.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which
was attested by the Deputy City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 6 -5 -2011
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. [0 S 2011
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION ACCEPTING THE BID OF BROTHERS
CONSTRUCTION, INC., FOR THE JORDAN STREET
DRAINAGE IMPROVEMENT 1'12OJECT, AND FOR
OTHER PURPOSES.
WHEREAS, the City of Van Buren has advertised for bids for the Jordan Street Drainage
Improvement Project; and
WHEREAS, bids have been received and opened in accordance with Arkansas law and
Brothers Construction, Inc., was the lowest bidder meeting the bid
specifications; and
WHEREAS, the City of Van Buren has determined that the bid of Brothers Construction, Inc.,
is the best bid.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF VAN BUREN, ARKANSAS TI-AT:
SECTION 1: The City of Van Buren, Arkansas accepts the bid of 220,674.00 as
submitted by Brothers Construction, Inc., as set forth in "Exhibit 1" 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 relating to the Jordan Street Drainage
Improvement Project and to execute all documents necessary to effectuate the
agreement.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council,
did pass, approve, and adopt, by a vote of b for and tf) against, the foregoing Resolution
at its regular meeting held on the 20 day of June, 2011.
LI „tt s
Robert D. ire
Mayor
ATTESTED: API R. D�A R
O FOM:
C kAtAiLf-
Barbie- Canis Candice A. Settle
City Attorney
1T11L l Cry Cetih.
On the agenda next was to consider A RESOLUTION ACCEPTING THE BID OF
RANDALL FORD FOR THE PURCHASE OF A 2012 F250 FORD CREW CAB 4X4
PICKUP FOR THE VAN BUREN FIRE DEPARTMENT. The Clerk read the Resolution in
its entirety. Mayor Freeman asked if there was any discussion. The Mayor stated that this truck
will replace the one that was totaled recently. Alderman Swaim seconded by Alderman Dodd
moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote
resulted: Ayes Alderman Ragsdale, Dodd, Sagely, Swaim, Parker and Moore. Nays none.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which
was attested by the Deputy City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 6 -6 -2011
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. 2011
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTTILED:
A RESOLUTION ACCEPTING THE BID OF RANDALL
FORD FOR THE PURCHASE OF A 2012 F250 FORD CREW
CAB 4X4 PICKUP FOR THE VAN BUREN FIRE
DEPARTMENT.
WHEREAS, the City of Van Buren duly advertised and let bids for the purchase of a pickup truck for
the Van Buren Fire Department; and
WHEREAS, bids have been received and opened in accordance with Arkansas law and Randall Ford
was the only bidder, with a bid of $44,115.96, exclusive of sales tax, meeting the bid
specifications.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS, THAT:
SECTION 1. The City of Van Buren, Arkansas accepts the bid of $44,1 15.96, plus sales tax, as
submitted by Randall Ford and set forth in Exhibit "A" attached hereto, to be paid
from general funds.
SECTION 2. The Mayor and City Clerk are hereby authorized by the City Council for the City of
Van Buren to pay all expenses 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 (Q for and 0 against, the foregoing Resolution at its
Regular Meeting held on the 20th day oflune, 2011.
ask a
Robert D. Freer
Mayor
ATTESTED: PRO I A 0 ORM:
4 111P.
C ti Cant ice y e
r City Attorney
�^aM
On the agenda next was to consider AN ORDINANCE MODIFYING THE
CONTRACT WITH HARRIS CONSTRUCTION FOR COMPLETION OF THE 2010
SIDEWALK AND DRAINAGE IMPROVEMENT PROJECT, WAIVING BIDDING
REQUIREMENTS, DECLARING AND EMERGENCY, AND FOR OTHER PURPOSES.
The Clerk 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 Ragsdale. The council followed with a unanimous vote. The Clerk 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 Parker. The council
followed with a unanimous vote. The Clerk then read the Ordinance the third and final time.
The Mayor asked if there was any discussion. City Attorney Candice Settle asked that Section 4
be read as "resolution(s) or ordinance(s)
The Mayor then put the question, "Shall the Ordinance pass Motion was made by
Alderman Swaim and seconded by Alderman Ragsdale to adopt the Ordinance. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Ragsdale, Dodd, Sagely, Swaim,
Parker and Moore. 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 Sagley, that the
emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes
Alderman Ragsdale, Dodd, Sagely, Swaim, Parker and Moore. Nays none.
The Mayor then declared the Ordinance passed and signed same in open Council, duly
attested by the Deputy City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 17 -2011
ORDINANCE NUMBER 17 -2011 CONTINUED
CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. 17 2011
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE MODIFYING THE CONTRACT WITH
HARRIS CONSTRUCTION FOR COMPLETION OF THE
2011) SIDEWALK AND DRAINAGE IMPROVEMENT
PROJECT, WAIVING BIDDING REQHIRENIENTS,
DECLARING AN EMERGENCY, AND FOR OTHER
PURPOSES.
WHEREAS, The City of Van Buren previously contracted with Hams Construction
Company to complete the 2010 Sidewalk and Drainage Improvement Project.
The initial contract was in the amount of $138,500.00, however, an additional
54,100.00 is necessary to move a sanitary sewer line, making the total project
cost $142,600.00; and
WHEREAS, Based on a review by the Mayor's Office, the City of Van Buren has determined that the
change orders hereto are in the best interest of the City and will benefit the health, safety
and welfare of the citizens of Van Buren; and
WHEREAS, The City Council has determined pursuant to ARK CODE ANN. 14- 58- 303(bx2)(B) that
exceptional circumstances exist, specifically the on -going nature of this project, which
renders the formal competitive bidding process impractical and/or unfeasible; and
WHEREAS, A state of emergency exists because the drainage and sidewalk completion herein is
immediately to provide for the health, safety, and welfare of the citizens of Van Buren
and to preserve the property of the City.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF
THE CITY OF VAN BUREN, ARKANSAS, TIIAT:
SECTIONI: The City Council in accordance with the terms of ARK. CODE ANN 14-58-
303(6)(2)(13), hereby waives the requirement of competitive bidding in this particular case,
as such procedure is not deemed feasible or practical, and hereby authorizes and directs the
Mayor to modify the contracts for the above described completion and repairs.
SECTION 2: That in order to modify the amount spent on the contracted completion hereto, at the
amounts herein, it is further found that there is an immediate need to modify the initial
contract hereto, and as such an emergency is declared to exist and this ordinance
being necessary for the preservation of the public health, safety, and welfare, shall
take full effect from and after its passage and approval.
SECTION 3: The Mayor is hereby duly authorized to modify the initial contract in the amount of
$138,500.00, to include change orders in the amount of $4,100.00, for a total project
cost of $142,600.00, as appropriated herein, to be paid out of sidewalk and capital
improvement funds, and to execute all documents, contracts, and agreements necessary
to effectuate this Ordinance.
SEC IT ON 4: To the extent there is any conflict this Ordinance hereby amends or supersedes
resolution(s) or ordinance(s) previously adopted by the City of Van Buren, and the various
provisions and parts hereto are hereby declared to be severable, and, if any section or part
of a section, or any provision or part of a provision herein, is declared to he
unconstitutional, inappropriate, or invalid by any court of competent jurisdiction, such
holding shall not invalidate or affect the remainder of this Ordinance and to that extent the
provisions hereto are declared to be severable.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of for and O against, the foregoing Ordinance at its Regular
Meeting held on the 20 day of June, 2011.
Robert/ Freem��
Mayor
ATTESTED: APP OFT 1 AS 1 ORM:
Dmea Ee rs. .i ce A. Seale
Cit Clerickrcesurer City Attorney
ti C C�f,t(C_
On the agenda next was to consider AN ORDINANCE AUTHORIZING VAN
BUREN MUNICIPAL UTILITIES TO CONTRACT WITH CRAWFORD
CONSTRUCTION, INC., TO PROCEED WITH THE REPAIR OF A COLLAPSED
SANITARY SEWER MAIN, WAIVING BIDDING REQUIREMENTS, DECLARING AN
EMERGENCY, AND FOR OTHER PURPOSES. The Clerk 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 Parker. The council followed with a
unanimous vote. The Clerk 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. The council followed
with a unanimous vote. The Clerk then read the Ordinance the third and final time. The Mayor
asked if there was any discussion. Alderman Parker asked about the completion date of 60 days.
She said the school would be starting up and all the traffic on the road would be a concern. Gary
Smith with the Van Buren Municipal Utilities said that they would not cut the street and instead
be boring under it.
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 Ragsdale, Dodd, Sagely, Swaim,
Parker and Moore. 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 Ragsdale, Dodd, Sagely, Swaim, Parker and Moore. Nays none.
The Mayor then declared the Ordinance passed and signed same in open Council, duly
attested by the Deputy City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 18 -2011
ORDINANCE NUMBER 18 -2011 CONTINUED
CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. Ii_ -2011
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE AUTHORIZING VAN BUREN MUNICIPAL
UTH,ITIES TO CONTRACT WITH CRAWFORD CONSTRUCTION,
INC., TO PROCEED WITH TILE REPAIR OF A COLLAPSED
SANITARY SEWER MAIN, WAIVING BIDDING REQUIREMENTS,
DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES.
WHEREAS, the City of Van Buren has identified that the 8 -inch gravity sewer main
located approximately 365 linear feet East of the intersection of Pointer Trail
and Highway 59 has collapsed and is obstructed for the normal flow of
sanitary sewage; and
WHEREAS, the City is able to maintain sanitary sewage flow for a significant portion of
the sewage collection system through the use of a temporary portable pump;
and
WHEREAS, the location of the collapsed sewer is inaccessible for excavation and repair in
place; and
WHEREAS, the mechanical temporay pump is not intended for continuous use and is not
adequate to assure the conveyance of the sanitary sewage to the treatment
facilities for proper treatment in accordance with the National Pollutant
Discharge Elimination System (NPDES) permits to the City, and
WI- IEREAS, since the failure of the by -pass system would immediately cause the City to
be in non compliance with said permits, it is necessary to implement and
complete repair as soon as possible; and
WHEREAS, it would be impracticable and unfeasible to hid this project at this stage and
the City needs to immediately begin construction of this project without any
delays; and
WHEREAS, the Van Buren Municipal Utilities Commission has solicited bids and
recommended Crawford Construction as the best bid and have by resolution,
a copy of which is attached hereto, recommended that the Council waive
competitive bidding because of the urgent circumstances and proceed with
authorizing the Van Buren Municipal Utilities to contract with Crawford
Construction, inc.; and
WHEREAS, Section 14 -58 -303 of the ARKANSAS CODE ANNOTATED provides that
"The governing body, by Ordinance, may waive the requirements of
competitive bidding in exceptional situations where such procedure is deemed
not feasible or practical."
NOW, TIIEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VAN BUREN, ARKANSAS, THAT:
SECTION 1: The City Column hereby waives the requirements of thither competitive
bidding for the above described project, as such a procedure is not deemed to
be feasible or practical under the circumstances.
SECTION 2: The Mayor and City Clerk hereby authorize the Van Buren Municipal Utilities
to enter into a construction contract with Crawford Construction, Inc., in the
amount of 467,185.00 and to pay all expenses relating to this project.
SECTION 3: The construction work hereto is deemed and found to be necessary for the
immediate preservation of health, safety and welfare of the City, and as such
an emergency is hereby declared, and this Ordinance shall take effect and be
in full force upon and after its passage and approval.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council,
did pass, approve, and adopt, by a vote of c, for and 0 against, the foregoing Ordinance at
its Regular Meeting held an the 20 day of June 2011.
Robert D. Fre���
Mayor
ATTESTED: APPROVED AS TO FORM:
11 *WU•
Beab�mtit mi re A genie
Next on the agenda was Boards and Commissions. There were questions regarding the
Planning Commission appointments so it was not discussed in council meeting. The Van Buren
Housing Authority recommended the appointments of Max Blake to fill the vacant position left
by Bobby Miller and Lisa Huckelbury to fill the vacant position left by Linda Walker. Alderman
Swaim seconded by Alderman Sagely made a motion to grant the nomination. The Council
followed with a unanimous vote
Next on the agenda was the Financial Statement. Motion was made by Alderman Swaim
and seconded by Alderman Ragsdale to appropriate the sum of $1,370,900.99 to pay expenses
and salaries for May 2011, presented by the Deputy City Clerk. The Council followed with a
unanimous vote.
r
6 -14 -2011 0 1 0 6 PM C I T Y O F V A N B U R E N PAGE 1
TRIA'. BAI
AS OF: NAY 31ST, 2011
10 General Fund
M11TH TO CATS YEAR TO DATE
ACCT0 ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS
i ASSETS
1000 Petty Cash 0.00 200.00
1020 Cash In Bank 18,530.56 184,359.25
0.0
1020.03 Cash In Bank- TSP's6Walmar[ Gra 0.00 0.00
1020.04 Veterans' Memorial -Act 934 0.00 117,923.30
1020.05 2005 Byrne Recovery Grant 243.12 12,387.27 15 3 6 2 1 i 5 t
1020.06 2009 Byrne Grant 0.00 120.00 1 1 9 1 0. 5 5+
1020.07 2001 Byrne Grant 0.00 0.00 6 0 i] p 5 0 7
1020.08 Cash in Bank -Ins 2008 Storm 0.00 0.00 O O, 5 y S
1020.09 District Cour Grant Mediation 0.00 25.00
1020.10 Caah in Bank HOC 571.56 1,535.72 4 0 1 •a
1020.11 Cash in Bank -KV86 900.00 2,600.00 1 3 5 0
1020.13 Cash In Bank -ACT 833 10,540.37 48,029.54 i s J 2 1 0 0
1020.14 Court Automation District 1,715.00 69,193.96 097
1020.15 Cash in Bank -ACT 1314 0.00 0.00
1020.16 AR Dept of Ro ra1 Services O. CO 0.00 r s 3 r. 5 L' 5
1020.17 New Police Dept 0.00 35,000.00
1020.10 Cash in Bank PD Co Tax 17,190.32 31,898.47
1020.19 Cash in Bank FD Co Tax 6,949.55 139,931.85
1020.20 Cass In Bank- Erosion Control 325.00 7,350.00
1020.27 Cash in Bank 0.00 7,619.17
1020.29 Marina Repairs 0.00 12,500.00
1020.31 Cast, in Bank Parks 9 Re0 4,136.98 45,073.42
1020.32 0I0 -Parks 6 Recreation 0.00
1020.33 Cash in Bank -Yard Waste 12,192.82 76,679.99
1020.51 Cash in Bank Cemetery 23.78 15,054.98
1020.91 Cash in Bank Cap Imp 27,366.75 686,809.15
1040 Investments 50,000.00 250,000.00
1040.10 Investments Sales Tax City 0.00 0.00
1040.18 Investments Po Co Tax 0.00 0.00
1040.19 Investments FD Co Tax 0.00 0.00
111 1040.27 Investments Levee 0.00 0.00
1040.31 Investments Parks 6 Roc 0.00 0.00
1040.51 Investments Cemetery 0.00 48,752.59
1040.91 Investments Cap Imp 0.00 1,817,191.22
1050 Fixed Assets 0.00 0.00
t 1051 Accumulated Depreciation 0.00 0.00
1504 Due from Payroll 0.00 0.00
1505 Due From Other Funds 0.00 0.00
1520 Due from Street Fund 40.68 44.28
1540 Due From Library 6404 0.00 0.40
LIABILITIES AND FUND BALANCE
1 2000 Accounts Payable 0.00 0.00
2010 Municipal Health Ins. Payable 0.00 0.00
2030 Colonial Life Payable 0.00 0.00
2035 Credit Union-First Resource 0.00 0.00
Next Police, Fire, Building Inspector, District Court, Engineer, and Ambulance
Reports were presented for filing. There being no further questions or changes, the
reports were filed as submitted.
Next on the agenda was Miscellaneous and General Discussion. Mayor Freeman said that
he would like to get some signs up at Lake Cap Bedell saying "Please do not feed the animals
It is unhealthy and unnecessary. He also said that we could put down a product in the fall that
would discourage the geese, but they would probably just go to the golf course. He said this is
not just a problem here, but all over the nation.
Next, Mayor Freeman said that there needed to be a public hearing next month on Cox
Communications Franchise. He mentioned that the city does not have any control over the
programming offered. Mayor Freeman noted that the ambulance franchise has hit its fifth year
and we will need to advertise for a couple of weeks around July 5` Mayor Freeman gave that
information to City Attorney Candice Settle for review.
Mayor Freeman then brought up the ward map to show what the breakdown for each
ward was and how it needed to change. Alderman Parker brought up the State Redistricting
Public Session to be held on July 7` Alderman Parker expressed concern that since we were the
last session that they might already have their minds made up, unofficially. Mayor Freeman said
that the aldermen could visit the web site at www.arkansasredistricting.org and see all the
proposed redistricting maps. Alderman Parker asked permission to email the board. Mayor
Freeman replied yes and that he had also emailed the board. Mayor Freeman said depending on
the redistricting, a representative from Greenwood or Siloam Springs could be representing our
citizens.
There being no further business, motion was made by Alderman Parker and
seconded by Alderman Swaim to adjourn. The Council followed with a unanimous vote.
The meeting adjourned at 7:45 p.m.
ATTESTED: Al 1 VED:
C TY CLERK TREASURER MAYOR —•••a