ORD NO 24-1991 s
CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. z V -1991
AN ORDINANCE VOIDING PRIOR JAIL LEASE AND AGREEMENT WITH CRAW
FORD COUNTY; AUTHORIZING THE EXECUTION OF A NEW AGREEMENT
FOR THE USE OF THE COUNTY JAIL; AUTHORIZING THE TRANFER OF
CITY PROPERTY; AND FOR OTHER PURPOSES.
WHEREAS, The City of Van Buren desires
to settle the present contro-
versy with Crawford County
concerning the City's use
of the Crawford County jail;
and,
WHEREAS, It is in the best interest
of both the City of Van Buren
and Crawford County to re-
negotiate a new Agreement
under which a City prisoner
shall be housed in the Crawford
County jail; and,
WHEREAS, The Crawford County Quorum
Court has previously voted
to execute said new Agreement.
NOW THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF VAN
BUREN, ARKANSAS:
SECTION 1: That the City of Van Buren
declares the previous Lease
and Agreement with Crawford
County, dated March 15, 1940,
to be null and void.
SECTION 2: That the Mayor and City Clerk
are hereby authorized to ex-
ecute a Deed to Crawford
County, for the following
described real property, or
any portion thereof:
All parcels of land located
in the Court House Square
in the City of Van Buren,
Crawford County, and belonging
to the City of Van Buren,
being more particularly de-
scribed as follows: Commencing
at the Southwest corner of
said Public Square, thence
Northerly on Main Street
thirty -three feet, thence at
right angle Easterly one
hundred seven feet, thence
Southerly thirty -three feet;
thence Westerly on a line
of Thompson Street one hundred
seven feet to. :the'.p•lace_of .E_
beginning. The second parcel
commencing at the Southeast
corner of the junction of
Thompson and Webster. Streets,
thence on a line of Thompson
Street one hundred seven feet,
thence right angle Northerly
thirty -three feet, thence
Easterly one hundred seven
feet, thence right angle'
Southerly thrity-three feet
to the place of beginning,
all located in the Original
Town of Van Buren, Arkansas.
SECTION 3: That the City Council hereby
authorizes the Mayor and City
Clerk to execute the new Agree-
ment between the City and
Crawford County for the housing
of City prisoners in the
Crawford County Detention
Center.
PASSED AND APPROVED this 21st day of October
1991.
MAYOR
ATTESTED:'
400
CITY C `RK- REAS 'ER
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THxs tsallsBT /made and entered into by
Tom Bnflieh, ¥1yor, acting pureaant to and by sathts pity of a
resolution of the Board of Aldermen for the City oiban Buren
Arkane s, for tips use and benitit of Yan Bar on, Arke.nsae, party
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pt the firot pert, and R.B. Ward, County Judge, acting in pnreaanc
of bfl by aathcfrity of an ordor of the Crawford Cowity Court, for
l the us3 and bonifit of Crawford County, pry of the
(fi000ndl part.
WITH&83ETU, that Party of the'yirst Tart agrrees to
loaoe to Party pf tho eeoond Part for vr.:•years,;all that
property belonging the City of Van Buren,•Arkapaas, Sndaocated
in thn!Court Ho )ase Square in Van Baron,' Arkansas, maid
to be Qxoontod land -boar eren dato with this oontraot
Party of the Second Part, ogre ®e that in oofsideratiAn
r for this lease to grant to the City of Van Baron the right to
use the Now county Jail for the detention of ita pri onera
during the life'of the aontraot and .he /earls given s a oonsideral
ion therefor. IS is farthor agreed that City of an Baron,
within `its dosorotion, may ontor into agreements with tbo Sheriff
on d Jaff'lor of Craw ford County for tho Seeding of it4 prioenere
are may make whutovor contracts and arrangmszite •.oncoming tho
same ae thoy doom to tho beat interet og the "OD II tho County
to oxex no 4thor and farther control, of, city priJOners than
keeping' them in ?tho jail.
GIVEN UUDER t OUR Bands and eeale' th /J day pf Marra, 1940
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0 Party o b rd kart.,;
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ATTACEN 0'
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A OBE811 T, Ka ne an entered Sato the ,L4_degi tareh,
1V�O by and D9tween S'Pt■ L1 11sh, kayor of yen D.r�a Ar
ao1 ing ander aathOrity Of an ordinaries end fox :the ace and
bo1ifit of Van Buren Arkansas, party of the firotlpart, herein
,attjor palled the lessor and E.Ward, ()panty Jadgi
.B of Oraaford
0 nty, Arkansas, aoting titular ordern of the'Ooanti Ooart of
ap, }d oounty for the nee and benifit of ora>ford Ocganty, party
Oflthe second part, hereinafter palled tho loeaod1.
1 1TITNS89STE, that the said looeor, for and d -in doneideration
OT oontraot permitting the Oity of Tan Baron, A T.nnoao nee
th! Bet ()aunty Jail for tho detention of its prin arc Caring
.th life of this lead., dooe grant, denies, leaoelpnd let and by
:th se prosente grant, demise, ).et and leave into the ea i4
14110, the f011owIng deeoribed; lands, to -wits
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All partials of land located in the Court Bosse
Sonar° in the City of Van Baron, Orewford Ooanty,.
and bolonging to tho Oity of Van Boren, ba tare
portionlarly dosoribod ae folldwni A parorl on the
South Oido of nnid.sgaarO, having a frontage of 85.
foot an Fain Straot and. extending 107 too book to
tho alley, aleo,u porooi on the South Side. or said
Square having a frontage of SO feet on Wobetor and
extending 107 back to the Alley or the *enter of paid
block, all looatod iWi the Original Town of Von Baran
Arkansas. i'
zt is agreed end unddoorotood that thie•leaae shall remain
in force for 0 term of '7 years from this dati).
It is farther agreed and understood that the:ooneidoratian
fdr this lease being the right of the Oity of VaniBaren to ape
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t Crawford County Jail far the detention of 1ta prinonore,
l;oald some anforeeen thing each as deotraotio o$
e the County
J.
Jeiil by an act of god or the pablio enemy make th0 oonsiderntion
for Yhioh thin inatrament was given fail, then this lento le to
blooms) null and void. 2
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,EbrilONI i1y8Jtsor, 1, Roe 1CAg1isb, au Mayor dt the Oity
of Yen Wren, Arkanaee, hate hereunto signed and 4ele4 this
Leiad lnetraaant, Yen baron, Arkansas, on thin _day
ofjHaroh; 1940.
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mayoro I04{ an
Hdron, arkannoo,
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Stpte of Arkansas
IGry ea.
oo ty •ot. Crawford
I On this l‘ day of »rob, 1940, bettors me
a Notary Pub1to, duly oomuieelvriAB, gaaliiti
end acting, within and tor the said Comity and State, 'appeared-
iniperson the within named Tow. English I to me 'well known, and
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stdtted that he was the duly ,looted, godlitied and noting Mayor
of tho Oity of Yen Duren, Arkaneae, and he dalf aatharisod
by i tte•olatton of the Board of Aldorwen of the City; Of Yon Buren
Arianeas to exeoate the foregoing lnstrMent for the name in
belhalt of the Oity of Van Baren, Arkansas, and t4ther stated
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an4 acknowledged that ho had so signal,. executed and dolitered
said foregoing inetramvnt for She consideration, apes and parsons
therein mentioned and mot forth, I
IN 2232i110NY YIIIKi1gOS, 1 lave hereunto set y hand and
otiolal oval this day of -.r. 1940, II
',0 try 'a. 0
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l� ;oonaioalon expires i
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X f 3�+f -.-t 5 x r i 3 Y f -s r t a .s.Y t� L e
7, trzt a?(w r ,,,,9:1-ill, -et �a r c 1...;t 4 ATTACHNENT "A r z s .-4 fi' 74 g y. i
)3 2 Y w4..4"..,%::,. t y 1 4 a :4 J r1. y" 2 4 4 G 7,,= f Th k I
sA �.b4 4 ,r e Y1f�e z 4 7� sF, r .f.i„-{ hL b ft. J7 :?":::"%q" t va x f i C S^- t s 4 y.
g y E u I 3 ti e t n x t q .x v i 'z'. to Fx,, V Y.( i g G 7 f
L i F x 1 .1 j t l d,-' 7 x i s 1 n ::,V: M1 t L 1 5 j i o f J`
3rd _Stre (Formerly .Thompson Street).
-107' 107' L
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LOT "a" a 1 LOT "A" 1:
107' 107'
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CRAWFORD COUNTY PUBLIC SQUARE
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4th Street
Conn1 sioner's Deed from Crawford County to City of Van Buren
Apr11115. 1891 j
I Commencing at the Southwest corner of said
Public quare, thence Northerly on Main
Street thirty -three feet, thence at right
angle Easterly one hundred seven feet,
thence Southerly thirty three feet, thence
Westerly on a line of Thompson Street one
hundred seven feet to the place of
beginning. The second lot on the "Public
Square" +commencing at the Southeast corner
of the Junction of Thompson and Webster
Streets' thence on a line of Thompson Street
one hundred seven feet, thence right angle
Norther y thirty -three feet, thence Easterly
one hundred seven feet, thence on the line
of thirty -three feet to the place'of beginning.
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t' 7 Wt` gif/ V l rti z 1 S sS V: 11 NY's C a ;Y. i c^
f 4 c�a,�. ,r �ATtTgCHMENT g r3 nos r� �I �,ic
3 "I x 1 tT3itk4d tiT .A'S.f ,0-4F� Y M y">,e t-[ r ai t r ¢S r 1 *b 9 t a 3 F�Y "F•
'f 1 �1 M1 ±t '1. tt, 4\ l 'i "X: ;14 ^at Xe X41 M y Y x K ,fF 5 1.
rc' yt C �'M1 1 3%� S q `2 y )3 Y
t 4 r r t k It at Y t .rat Z a x Vt J. Y. t i St 1 SR 4Y
•M V 7 A��' �":.�s i�yu.�,v, i ■4 r a.. si`� 1` eri j,y;' -t i Ft r* ik
ti v "Y' ,Wkii *M r 3rd Stre t (Formerly Thompso' Street} 4:.
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LOT "8" 189 1 LOT "A" 1
Re-sernea- BUILD: NG w
of. 5X City A* le i I j t
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City Prlsb n
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1 CRAI$FORO COUNTY PUBLIC SQUARE I
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4th Street
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Deed ft City at Van Buren to Crawford County,
Decemb�r 12, 1E92
to konstderat(on of the said County's erecting a Jail on e'
rectanggular lot in the South Corner of the Crawford County Court
House Square, froting thirty -three (33) feet on Webster Street,
and extending back one hundred and seven (107) feet along Thompson
Street,! and inconsideration further of the County's taking the
same care of and Maintaining the same watch over the City Prison
as it does over t} County Jail, without extra cast to the said
City, he said City agreed to convey to the said County the said
lot, reserving t& itself, the said City, the entire use, control
and ownership of khe said City Prison, it being the South East!
lower half Of said building now known as the City Prison and
frontirig Thompson; and Webster Streets, and also reserving the;
title to that portion of the said lot on which the said City
Prlson!ls erected and that part facing on Webster and Thompson
Streeti which adjoins said City Prison
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n�' I3�� 441.'.4 �Se t. n r 4 t -•r x r ,y f a i•
:t to t f t a i I i i .'ti, y i a .l J t X i to v u 1 K; r,2- 4 nr:
�x` �"t �1„��n °t yy '}''T7 l e y .e.. vb .itt� +4"` cvi.1'�. x^x�.�'rL."�` f',0- t'�'�' .n� 1 �`w.a�?F'3� �X.Mn
'A, 4Y i• .f i 'F1u.,till 6 1A s S r i nitz'"gla� A e i d :;a14Nner: '6. t b -*.a S
J ,F' ,3 iw'.4 il s pp k; tE' t W`+s s E rp w -0 1 r f t i A
j 5, i' t 1 y 5 f7 I J y t ,p 7 #1' Y S L g i Pi{ 4 a4 1 x y w 1
+�F. r t a s Y�tfh y a 9 44 t a sI ti e a-ic `,vt g1 4 ti t fir ti> ..4 f r
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�.S�Y'..,.. YSM 5 \x Z:F' .,2.. 4 Y� Y y k
this eetent is entered into on this, 'day or
1491, betveen Crawford County, Arkansas,
hereinaft I "County" and the City of Van Buren, Arkansas,
hereinafter' "City
PREAMBLE:
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NBSRZZS, by Commissioner's Deed doted April :14, 1891 two
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lots of re proper located on the crawford County "Publtic
Square the description of each and a map is attached he as
Attaohnentl"A" were transferred to the city of Van Buren,;
Arkansas. ;For the Purpose of this Agreement, these lots I: eve
been designated A 'dB. The Commissioner'k Dead was duly *corded
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in the Crawford County Circuit clerk's Office on:the 15thiof
April, 18911 1 i i
WHEREAS, the City, by Deed recorded in the Office otdthe
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Crawford County circiuit clerk on the 12th. of December, 1812, Il
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conveyed back to th county the Lot described as Lot Bon„
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Attachment "A" here o for construction of. a new jail in eichange
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for the Co ente *ing into an agreement to maintain a vatoh
over the City's pri>oners and for taking core of said prisoners.
The City s*ecificaljy reserved that portion of the conveyed lot
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which the goutheast1.end of the building occupied and extended
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this line to Thomps¢n and Webster Streets as set forth in'l
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Attachment InB". Th remainder of the above described lot heas
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conveyed tq the Co tyt
the linty constructed a jail in 1940 and City,
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being deal us to htiVe the County maintain a Match over C ty
prisoners, entered unto a Lease Agreement on the-15th of 'arch,
1940. Thi Lease Agreement purportedly leased the old ja'1
building (0892) andjthe two lots of real property, which eve
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been descr in this document and listed as Lots A and I to the
County. The terms Of the Agreement were to remain in eff t for
ninety -nine (99) years from the date of the execution of tho
Lease and the count was to provide security and.housing for the
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city prisoners. The city, by an addendum to the March 15I' 1940
Lease Agreement could, in its discretion, pay for prisons'
feeding. The 1940 Lease Agreement is attached as Attachm4nt NC";
WHEREAS, the County constructed a new jail Which wea
on the 15th of Nove4ber, 1989, and the County by Ordinano No.
90 -31 set Certain musing and booking fees to be charged to all
cities utilizing th4 jail, from which n dispute arose as o
whether th4 City of;Van Buren was obligated to pay these Ives.
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The countyts position was that because the 1940 jail fail.. to
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meet State;Detentio$ Facility (Jail) Standards end •was thhrefore
unable to Operate i( a constitutional manner, i.e., that the
Lease Agreement of 1940 was invalid for impossibility of
performance. The city of Van Buren maintained that the County
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could and ould di barge its obligation under the 1940 se by
applying teats the 1940 Lease Agreement to the new bail.
The parties being desirous of avoiding the expense and ri k of
litigation this end other related issues have agreed to
execute the followilg new Agreement pertaining to the detention
of City prisoners: fJos the city of Van Buren, Arkansas/ I
TERNSi I
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1. $y mutuai Iagreeteont of the parties, all terms,
conditions; rights find obligations set forth in the Lease
Agreement of the 150 of March, 1940, are rendered void al will
be of no further legal effect or consequence as to the County or
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2. that the Qity of Van Buren will execute Deeds o
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Conveyance conveying all interests in the two lots descried in
Attachnent� "A" here4o and any buildings or structures whi h may
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be situate thereonito the county.
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3. that the (tounty contends that the City owes in excess
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of $20,000400 tor booking and housing of City prisoners. liAtt
partial co►isiderati0n for the real property conveyed as d4scribed
in Paragrap 2 above, the county will forgive the City's klieged
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debt to th+ County for a jail booking fee and an inoreasell
housing fee for City prisoners through October 1, 1991, which
resulted f inpleetttation of County Ordinance 90 -31.
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4. further consideration for the real property nveyed
as descri in Paragraph 2 above, the City will hate the:right,
and be tted toi house City prisoners within the Craw.ord
County De tion C ter under the provisions set out as filowe:
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i That between October 1, 1991, and midnight:
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December 3 1991, the City will pay $3.00 per seal for ekch meal
offered ana /or consumed by a City prisoner while incarcerated in
the Crawford County,Detention Center.
D. Thatlbeginning at one minute after midnight
January 1,;1992, the City of van Buren will be charged a hokin9
fee of $6.40 per prisoner and $6.00 per meal offered and /„r
consumed by each city prisoner incarcerated in the Crawfo�td
County Dethntion Ce{:ter. It is the intent of the partiesthat
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any City prisoner 4o is booked and consumes one meal will: be
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charged no more than $6.00. If the prisoner is booked anki
remains in jail ovelc a twenty -four hour period and is oft+red
and/or con §nen thr1e meals, the maximum the City will pa will
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be $18.00.i These tkrms will remain in effect from Janua 1,
1992, untie Januaryl1, 1998. That after this date, the 'unty
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and the City will be tree to renegotiate the tarts and conditions
of a contr proviging for the booking, housing, and other
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related activities of prisoners incarcerated in the Craw4rd
County De*ntion Cuter.
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In the event questions arise regarding biking
details s as, but not limited to, the status ore spec is
prisoner, or the nu�ber Of days or Heals to be pz'operly billed to
the City, a parser' from the Van Duran Police baipartment and one
person fr the Craw ford County Sheriff's Office will be
designated meet er!nd resolve the matter. In the event hey are
ratable to i�eaoh an 4greeaent, then the Van Duren Munioipa' Judge
will arbit the 4ssue and make a final determination 14thin 30
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4. Thatiwhen a City prisoner remains incarcerated
beyond 6:3d A.M. orris booked into the jail between the burs of
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6:30 A.H. end 8:00 4.M,, it will be assumed that the primer was
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offered and /or consumed breakfast and the City will be bil
accordingly. When i City prisoner remains incarcerated beyond
11:00 A.M.!or is booked into the jail between the hours of 11:00
A.H. and 1:30 P.M. it will be assumed that the prlsoner
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offered and /or consumed lunch and the City will be billed
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accordingly. When a City prisoner remains incarcerated beyond
4:30 P.M. or is booked into the jail between the hours ot14:30
P.M. and 6400 P.M.,!it will be assumed that the prisoner l a
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offered and /or cone med dinner and the city will be billed
accordingly.
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5. +he City is expressly exempt from the provisionki of
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Crawford County Ordinance No. 90 -31 which established the:
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m -a 4r u.. f s
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eighteen d llar ($1 .00) per day prisoner housing fee and ;the ten
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dollar ($1 .00) nq fee.
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6. City green to continue to make prompt arra'gements
for the trensportat_on of its prisoners who require medic 1 or
dental treatment anc to pey for any services rendered by Q
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medical or dental professional with regard to City prisoners.
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7. is Agreement may be modified only by written
instruaent� duly executed by the authorized representative of the
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County andiCity.
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8. 'that all legal and other expenses incurred in the
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resolutioniof this latter are borne by the respective par ies.
THE TERMS OF T1E AGREEMENT ARE AGREED TO BY this I day
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ALLEN RAY '1'OOTHAKFER 1
Mayor of vein Buren, IArkanesas
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HAROLD LOU!! 1
Crawford Ccty Judge
Van Buren,
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