10 October 2011 Regular v,.
MINUTES OF THE VAN BUREN, ARKANSAS
CITY COUNCIL MEETING OCTOBER 17, 2011
The City Council of the City of Van Buren, Arkansas met at 7:00 p.m. Monday, October
17, 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 Swaim, Parker,
Moore, Ragsdale and Sagely. City Attorney Candice Settle and City Clerk- Treasurer Barbie
Curtis were present. This made a total of eight (8) present. A quorum was declared.
The invocation was given by Joe Ryan, Chairman for the Van Buren Chamber of
Commerce.
Next, Mayor Freeman led the Pledge of Allegiance.
On the agenda next, Mayor Freeman asked to adopt the minutes of the Council Meeting
on September 19, 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
Moore, Ragsdale, Sagely, Swaim and Parker. The following voted nay: none.
On the agenda next was to consider AN ORDINANCE LEVYING (RENEWING)
THE MILEAGE TAX FOR THE CITY GENERAL MUNICIPAL PURPOSES AND FOR
THE PUBLIC LIBRARY PURPOSES FOR THE YEAR 2011; 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 Sagely. 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 Ragsdale. 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. 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 Moore, Ragsdale, Sagely, Swaim
and Parker. The Mayor declared the motion carried as there were five (5) 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 Moore, Ragsdale, Sagely, Swaim and Parker. 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 25 -2011
SECTION=2: The'rate of :all real and. personal
'.)I CITY OF property in the City Van Buren, Arkansas for
VAN BUREN ARKANSAS the year of 2011 fo7 the maintenance. of z'City
ORDINANCE No. 25 -2011 Public Library under the authority of 7.ciete of
BE IT ENACTED BY'THE CITY, COUNCIL FOR,THE the, people oLthe of Van_BUren .Arkansas
N BEN BUREN i ARKANSAS AN ORDI-
and' the' City,General Elections held on the 7th
NANCE TO BE ENTJTLED: day, "of:Apnl 19421 (1, mill) and [he 8th day of
November, milU, be, and the' is
AN ORDINANCE'. LEVYING (RENEWING) 7 'THE hereby'affixed'at= 14mills' on the'dollarof the
MILEAGE TAX FOION CITY/GENERAEMU-
PAL P assessed'-valuahonr: ofall real andY personal
ES FOR THE FOR THE ECL R
YEAR 2011;- OECLARIIHG A ARAN
PURPOSES Property,subject toaax m
atioin;tBe City ofd Van
EMERGENCY AND FOR OTHER PURPO a Buren_ Arkansas. for the year 2011 for „therai
WHEREAS the City;'of Van Buren,; Arkansas; -is hrary maintenance` purposes
duly incorporated under the lab's, of the, State subject to the provisions of Act No. 848 of 1981;
of Arkansas with all powers' authority and the same bein, g• adjustment or' rollback of tax
ties of a'clty of the First Class and rates due to increase in aggregate valuation of
WREA taxable property 4 n b r -A3;; i t s.i;
HES the purpose of this' Ordinance is -im-
mediately necessary for preservation of SECTION r ACertified Copy of-this "Ordinance
healtti;'safety and welfare of the inhabitant 'of shall be filed in the office of ttie Ceunty Clerk
the Cit of,Van Buren, Arkansas an. emer- of Crawford County,, in order tliatthe
gency exists'whichrequires that.this Ordinance Quorum Court of:.,Crawford;'County Arkansas,
may, include the sae in the general levy of the
and f a ann c i d .4 d effective and�in full force m
and eff ',14 it .tiro 1.!*Arkansas Year 2011 and cause th me sae ;ta be'extended
WHEREAS the, City bf Van Buren
upon tfie tax books'and collected as required
must have funds' for its municipal operations SECTION 4 This Ordinance being immediately
and can only, obtain the, requisite funding to necessary to obtain revenue to pay expenses; of
contindelits current level ofservices to Its diti the CityGovernment for the City bf Van Buren;
zens by renewing the levy 'of mill t nl al Arkansas .and •necessary_ ,in, providing for the
and p ersona l property, for the general l munici- r
pal puPpbseof the °City', and 'Orrenewmg` the immediate. preservation pe
of. the public, ace;
levy,of a 1 4 mill fax on real and personal prop health,- and safety, an emergency is declared to
erty tax for the`; Van Buren; library. maintenance exist, and this Ordioance shall be, take effect,
purposes. and be.m force :after its passage and publica-
NOW, THEREFORE BE IT ORDAINED AND ,EN-
ACTED. BY THE CITY. COUNCIL OF THE CITY OF IN WITNESS WHEREOF the City of Van Buren,
VAN BUREN, ARKANSAS THAT: Arkansas by its.City Couneil' did pa ss approve
SECTION 1 The rate of all real. and personal and adopt by a vote of 5 for and 0 against the
property in Van Buren for' the year foregoing Ordinance at its regular meeting held
on the 17th day of October, 2
2011; for general municipal purposes under the Robert D. Freeman
authority of of t .4, Article XII; of, the Consti-
tution of 1874 4, of the State of Arkansas be and Attested
the'sate is hereby affixed at 2 mills 'on the dol-
lar of the assessed: valuation of all real prop- City CIerk/Treasurer
e subject to taxation' in the City of Van Bu- Approved As To Form:
ren; Ark Arkansas for the year 2011, for general mu- Candice Al Settle.- nicipal purposes..
City Attorney
Published in the October 22, 2011 issue of the
Press Argus- Courier.'
On the agenda next was a public hearing for abandonment of an utility easement. There
were no issues.
On the agenda next was to consider AN ORDINANCE TO VACATE AND
ABANDON TWO PUBLIC UTILITY EASEMENTS ALONG LOTS 1 AND 2 OF THE
GULLETTE ESTATES, AN ADDITION TO THE CITY OF VAN BUREN, CRAWFORD
COUNTY, ARKANSAS, 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 Sagely. 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. There was none.
The Mayor the 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 Moore, Ragsdale, Sagely, Swaim
and Parker. The Mayor declared the motion carried as there were five (5) ayes and (0) nays.
Four (4) votes being necessary for passage.
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 26 -2011
CITY OF VANEUREN,
�TRUli1:N „1RK.1M1SA5
ORDINANCE NO. gu -2011 NOW, THEREFORE, BE IT ORDAINED BV THE CITY COUNCIL OF TILE CITY OF
CAN BUREN, ARKANSAS, THAT:
BETE ENACTED BY 111E CITY COUNCIL, FOR THE CITY OF VAN BU11804,
ARKANSAS, AN ORDINANCE TO HE ENTITLED, SFCRON8: The Gty of Van Boren, Arkansas, hereby releases, vacates, and abandons all ho rights,
together with the rights of the public generally, in and to the public utility easement
running along Lots 1 and 2 of the Gullmc Estates hi the City of Van Buren, AoWws,
AN ORDNANCE TO VACATE AND ABANDON TWO PUBLIC more specifically described abo°e.
UTHSfS' EASEMENTS ALONG LOTS 1 AND 2 OF THE GULLET I E
ESPATES,AN ADDITION TO THE CITE OF VANBOREN,
CRAWFORD COUNTY, ARKANSAS, AND FOR OTHER PURPOSES.
SECTION 2: Acopy of this Ordinance bearing original signmores and dulycerti0ed by the City Clerk
WHEREAS, Aprlitioa has been filed with the City Council of Vao Bunny Arkanena by Cynthia sballbe fled in the Miscellaneous Records of the Cirtuu Clerk of Crawford County,
Donors Ganis, and Jim and Dona Wat son, to vacate and abandon the public utility A+kans°'s'
B ants along Lots land 2 of the Onllenc Estates, an addition to the City of Van
uren, Arkansas, more specifically described as follows,
wo Ew 1500 oa Utility nseme. IN WITNESS W HEREOF, the City ofVml Buren, Atones, by its City Cowed did pate,
approve, and adopt, by a vote oF,5__for ande against, the foregoing Ordinance at its Regular :Heeling
TWO 15.00 FOOT WIDE many EASEMENTS LOCATED 14 PART OF LOTS I held on the 17' day of October, 2011.
AND 2, GULLETTE ESTATES, AN ADDITION TO THE CITY OF VAR.' BUREN,
CRAWFORD COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: DECLINING AT THE NORTHWEST CORNER OF
SAID LOT 8; THENCE N86°3926 ALONG THE NORTH LINE THEREOF, 15.00 Rnoert 0, F
FEET; THENCE 003 "B, LEAVING SAID NORTH LONE OF LOT 1, 262.75 Mayor
FEET; THENCE N87 °56'21°E 21899 FEET TO THE EAST LANE OF SAID LOT 2;
THENCE S03 °0223 ALONG SAID EAST LANE OF LOT 2, 1500 Twirl TO TIOE AITESTEU:
SOUTHEAST CORNER OF SAID LOT 2; THENCE S17 °5621 "W, ALONG THE
SOIIFH LNE OF SAID LOT 2, 233.91 FEET TO THE SOUTHWEST CORNER OF '1
SAID 0072; THENCENO320N34 "W, ALONG THE WEST LANE OF SAID LOTS 1 .(F/t iAr o LU24lc.
2, 27742 0 0 0 7 7 7 4 0 0 8 7 BEGINNING, CONTAINING 7448.02 SQUARE Barbie Curtis an A. Settle
FEET, MORS OR LESS: City Clerl Imasumr City Attorney
and,
WHEREAS, After due notice as requires] by law, the Conned has al the time and place mode notice,
heard all persons desiring to be heard on the gne0On nod has ascertained Owl the public
utility easement heremnobave designated has therefore been dedicated to the public use as
a utity easement and that the same has not been used for a period of more than five (5)
years preceding this date; and that the owners of the property abutting such utility
easement to be vacated have filed with to Council or have expressed their consent to
such abandonment and the public interest and welfare are not adversely affected by
abandonment of said public utility easement
WHEREAS, The City Council of Van Buren, acting under the authority ofA.CA. 14- 199 -103 and
A.C.A. 14 301 -302, has the authority to vacate and abandon public utility easements or
segments thereof.
On the agenda next was to consider AN ORDINANCE AUTHORIZING THE
MAYOR TO ENTER INTO AN EXCLUSIVE FRANCHISE FOR AMBULANCE
SERVICES; DECLARING AN EMERGENCY; AND FOR OTHER PURPSES. 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 Moore. 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. Mayor Freeman reiterated that both companies
were very well qualified to perform within the city. The reason for going with Southwest EMS
was because they've previously been contracted with the city for the past 5 years, have had no
complaints, and are very familiar with the city and local healthcare providers. Wes McCabe
came before the council as a citizen of Van Buren, as well as the owner of Care One EMS. He
stated that they submitted their bid after the deadline, but thanked Mayor Freeman and City
Attorney Candice Settle for the courtesy of meeting with him regarding their delayed bid entry.
Mr. McCabe mentioned his issue is that he had requested to be notified when any discussion
regarding the ambulance contract came about. T-Te doesn't believe they were given a fair chance
to submit a bid. His company still provides free CPR classes at the Adult Education building as
well as a food pantry program.
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 Moore, Ragsdale, Sagely, Swaim
and Parker. The Mayor declared the motion carried as there were five (5) 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 Moore, Ragsdale, Sagely, Swaim and Parker. 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 27 -2011
CITY OF VAN BUREN, ARKANSAS
ORI14\ANCE NO, -1011 NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNNC9. OF
THE CITY OF VAN BURE ARKANSAS, TILT:
BE ENACTED BY THE CITY COUNCIL FOR THE CITY OF VAN BUREN, SECTION It The CityCouncil hereby selects Southwest EMSot Mena end grants an exdusive
ARKANSAS, AN ORDINANCE TO BE ENTITLED: franchise for emergency and non emergency operation, subject to the terms and
conditions of the agreed contract, which is to be negotiated by the Mayor,
ambulance committee, and the City Attorney.
AN ORDINANCE AU'T'HORIZING THE MAYOR IO ENTER 161'0 AS
EXCLUSTE FRANCHISE FOR AMBULANCE SERVICES;
SECTION 2: revocation, swpc a vsio 0r cxpiatiov of mypam141imnse, of oertiLrstiev
Is
DECLA.FCAG AN EMERGENCY; AND FOR OTHER PURPOSES. 2o The by he Department of Health m Southwest EMS of Mena shall result w
automatic revocation of the franchise
WHEREAS, there is a need for accountability in ambd.,v service iv the Ciry of Van Buren SECTION 2: Sevarabiliry. In the went any title, section, subsection, subdivision, paragraph,
to ensure ice citizens receivetimely and competent ambulance sanity and subparagraph, item, sentence, gage, phrase, or word of this ordinance or the
contract made a part hemof is declwed or adjudged to be invalid or
WHEREAS, Ark, Code A. Section 14- 266-102, et seq. authorities s cities of the class to uncongiutional, such declaration or adjudication shall not affect the remaining
entez into an exclusive franchise with an ambulance company to provide portions ofte ordinance which shall remain in full force andeffect as if the
emergency and nomemergency ambulance service within the city limits of We portion so declared or adjudged invalid or uowastiomonel was not oagwally a
City of Van Buren: and part of the ordinmm.
WHEREAS, that the City ofVanBuren, previously contacted with Southwest EMS aBer SECTION 4: Emergency and Effective D are, This ordinance being necessary to ensure
competitive bidding fora period ornye years and that such contract is carting continued emergency and non-emergency medical care to citizens of INS Ciry,
December 31, 2011: and this ordinance is necessary to protect the public health, safety and welfare, and
therefore, shall be in full force and effect with the passage of same.
WHEREAS, in accordance with ACA. Section 14.26607 requiring competitive solicitation
of ambWmce franchise applications, a notice requesting proposals was published Or WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
in a statewide newspaper, and pass, approve, and adopt, by avote of 5for and_, against, the foregoing Ordinance a: its
Regular Meeting Held on the l4 of October, 2011,
IVRERF.AS, two proposals were received by the City within the time period accorded for t
submission of proposals: and
WHEREAS, cc� was appointed by the Mayor to review each of the respective RobertD.Freea
advertised and is and the proposals have bun opened and reviewed as Mayan
advertised; and
WHEREAS, that Be City Council feels that grahaman exclusive franchise to an ambulance ATTESTED: AFER• 'ED 0 FORM,
rents pursuant man agreement with certain requirements as to response time
and number am of th e q i ofoansty all times is m the hest a
i nu
rmberofhw oaus sofNe City dtvmmur the city that eexclusive franchise
J
should be granted and a contract entered into with the most quawe ambulance Bafoie Curtis Candice A7 a e
antes and City Clerk/Treasurer City A ey
WHEREAS, both proposals met the qualifications required in the notice advertised; and
'9EREAS, theComnl has detemdned that Southwest EMS of Mena is the ben qualified
Lbulance service for the City of van Burn.
On the agenda next was to consider AN ORDINANCE MODIFYING THE
CONTRACT WITH BLAYLOCK HEATING AND AIR, INC., FOR COMPLETION OF
THE ENERGY UPGRAI)ES FOR FIRE STATIONS I, 2, 3, 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 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 Ragsdale. 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. There was none.
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 Moore, Ragsdale, Sagely, Swaim
and Parker. The Mayor declared the motion carried as there were five (5) ayes and (0) nays.
Four (4) votes being necessary for passage.
Motion was made by Alderman Swaim and seconded by Alderman Sagely, that the
emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes
Alderman Moore, Ragsdale, Sagely, Swaim and Parker. 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 28 -2011
CUT OF VAN BUREN, ARKANSAS
ORDLNANCE NO. dg -2011
N 3 The Mayor is hereby duly authorized to modify the initial mnaarx io the .mum of
BER ENACTED BY'ITIE CITY COUNCIL, FOR TIE CITY OF VAN BIIREN. 489, 049 to include change order' in the m'om of
t S 3,647.00, for atoml pug t
ARKANSAS AN ORDLNSANCE TO DEtNItf1ID: coot of S 92.696.00. as appropriated here to be pad out of capita boprev0nm[
Mods, and to execute all document; contracts. end agreements rune =ay to arches
AN ORDINANCE MODIFYING THE CONTRACT SV1TH this ordinance.
BLAYLOCK IIEATTNG AND AIR, INC., FOR
COMPLETION OF THE ENERGY UPGRADES 0010 0040, INC BIDDING
S SRn'ION 4' to the sear Were is my conWa to Onf�c hereby minds m STATIONS 1, 2, 3, R'AIT' remlutioo(s) m ad'mevrc {s) psevrously Woad by dos Chy of Vac Bmm4 and the "e^o's
REQUIREMENTS, DECLARING AN EMERGENCY, AND pmvivaw and psb Faetn alt hereto dsclozm m he aes'emhl yerein, is m be
FOR OTHER PURPOSES. ',m aee��q ®�m�y 0 by any co Sion
mm of mmpam deela
WHEREAS, de City of Von Aram previously contracted Blaylock Heeling end Inkingnssf a* im'e deceredtob storable.
of inn Orri �a and m 0 m she
Air, lac, to complete the energy upgrades for Fire Stations 1,2, 3. M providow ham re declared to be storable.
initial contact was in the molmr of S 09,04900, however, an addidmal
S 3,647.00 is necessary for additional ceiling insulation A all three fee sallow,
Ruling the total project mss S 92,696.00: and
1N WITNESS WHEREOF, the Oty of Van Ben ArtannS, by its City Coined, dv1
WHEREAS, rben�ge order hvc[o best io:aca oEde of Van Buren has
�aaerminx that d adopt. by a awe of�B+r amt a :TA the wing otah,mee u to Rees =r on a review
welfare of the cite... arm Buren; and
Mathes held an the l7 day of October, 2011. health, safety and WHEREAS, de Cry Council has determined peas$ to ARK CODE ANN. 14-5 8-303(6)(2)(8) that
exceptional circumstances exist, specifically the on-going tome of this project which Robert D. F
readers the foetal competitive bidding process impractical and/or tafnvble: and Mayes
WHEREAS, a state of emergency exists because the contract completion herein is in immmies Deed
to provide for to health, safety, and welfare of the elbows of Van Bum and to preserve ATTESTED: AS 000101:
the propertyof the city.
NOIV, THEREFORE, IfE1TORDAL'Q]I ANTI ENACTED BY THE CIiT COUNCIL OP /{/,G(,
THE CITY OF VAN BUREN, ARKANSAS, TIIAT: Behr Cents Candice A. Seale
City Clok/rraw City Ammey
a er
SECTION' The City Council in accordance with the terms of ARK. CODE ANN 14-50
303(b)(2)(B), hereby waives the requirement o f mmpedwa bidding w this pmticda eve,
as such procedure isnot dined! feasible orpractical, and hereby authorizes and directs the
Mayor to modify due centrecs for the above described completion and =pairs_
=QS; That in order to modify the =owe spent on she connected compledan hereto, at the
Dunn herein, it is further found We there is an immediate need to modify the initial
contract hereto, and as such an emergency is declared to exist and this ordinance
being amessary for the prenervadon of the public health, safety, and welfare, shall
tyke full effect from and aher is passage tai approval.
On the agenda next was to consider AN ORDINANCE MODIFYING THE
CONTRACT WITH WILSON'S HEAT AND AIR, INC. FOR COMPLETION OF THE
ENERGY UPGRADES FOR THE MUNICIPAL COMPLEX, KING OPERA HOUSE,
FRISCO DEPOT, 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 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 Sagely. 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. Mayor Freeman said that the two change orders
were for the King Opera House issue with the return air and for a computerized thermostat
control system for the City Complex.
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 Moore, Ragsdale, Sagely, Swaim
and Parker. The Mayor declared the motion carried as there were five (5) ayes and (0) nays.
Four (4) votes being necessary for passage.
Motion was made by Alderrnan 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 Moore, Ragsdale, Sagely, Swaim and Parker. 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 29 -2011
(TM' OF VAN BUIREN,,ARKh \SAS
ORDINANCE NO. 6 _2011
The Maya is herby duly authorized to modify the initial contact in me anouvt of
BE IT ENACTED BY THE CRY COUNCIL, FOR THE CITY Of VAN BUREN, $236,240.W, to include change orders a the trout of $13,65000, for a total project
ARKANSAS AN ORDINANCE TO BE ENTITLED: cost of 249, 890.00, as appropriated herein, to be paid out of capital improvement
funds, and to execute all documents, contacts, and agreements necessary to effectuate
AN ORDINANCE MODIFYING THE CONTRACT WITH this Ordinance.
WILSON'S HEAT AND AIR, INC. FOR COMPLETION OF hereby amends supersedes
THE ENERGY UPGRADES FOR THE MUNICIPAL SAN 4' To the ra+era them is any conflict this ONwence veb cis m
resolution(s) ions) m m4mie
me(s) previously adopted by the City of Van Baca, a
ca, and the tm
COMPLEX, KING OPERA HOUSE, FRISCO DEPOT, u an y WAIVING BEDDING REQUIREMENTS, DECLARING AN provisions and pan, hereto ve derived to be severable, en, is declared to be
EMERGENCY, AND FOR OTHER PURPOSES. f a section, or any provision or p provision
uncotudttmonal, inappropriate, or invalid by any coma of competent jurisdiction. such
WHEREAS, the City of VanBuren previously convened with Wilson's Heat and Az holding shall not invalidate or affect the r®amder of this ONinen¢ mad to that extent me
Inc., to complete the energy up®edrn for the Municipal Complex, King Opera provisions hereto are declared to be severable.
Howe, end the Frisco Depot The irdtial contact was in the trout of
5236 ,240.00, however, an additional $13,65000 is necessary for additional
change orders in the Municipal Complex and King Opera Haute making the
total project cost 5249,890.00; and IN WTPNTSS WHEREOF, the City of Van Birth AAan ^s by its City Coved, did
pass, approve, and adopt, by a vote of for tend,& against, ^foregoing Ordinance at its Regular
WHEREAS, based on a¢vrew by the Mayor's Office, the City of Van Buren has detam that the Meeting held on the b' day of October, 2011. 1
Mange order hereto is in the lest interest oldie City and will benefit the health. safety and
welfare of the citizens of Van Duren; and
0 lI
WHEREAS, the City CouN has determined pursuant to ARK CODE ANN. §1 58- 3030ARMUmet Mayan
D.F.
exceptional amnnannces exist, pally the on-Whig Won of this project vEdch Mayan
formal the foal competitive bidding g p0rocess impractical and/or unfeasible; and
WHEREAS, a state ofemagenny exists because the contract completion herein is in Minniate need ATTESTED: 'D O FORM:
to provide for the health, saf cry, and welftc of the citizens of Van Buren aced to preserve
the f
e property nrme rty. Cl\.YLt_ U 2
NOW,TFEREF10RE,BE H ORDAINED AND ENACTED BY THE GUY COUNCR.OF Barbie Curds aA
t Db CITY OFVA.N BUREN, ARKANSAS, THAT: City Clerk/Treasurer City Attorney
$E CTIGNI: The City cb i n em co ANN dance with the terms oiebK. CODE At 14-5.8-
ass(chpx e be sot 13 waives
ncme requirement w
t acmpandhe a bying a i us ad directs cs
as such o modify not deems (risible or erdedea and hereby authorizes in.ect (Ol s the
m
Mayor odifyce contracts f cis fm ace above described completion and repairs.
di
SECTION2: That in order in modify the amount spent on the contracted completion hereto et the
annun¢berein, it is further Sound then Wee is an immediate need to modify the initial
eonnaft 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 tom and after its passage and approval.
On the agenda next was to consider AN ORDINANCE ESTABLISHING RATES
FOR WATER SERVICES SUPPLIED BY THE CITY OF VAN BUREN AND
REPEALING PRIOR RATES FOR SUCH SERVICES. The Clerk read the Ordinance in
part. 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 Ragsdale. 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. Mayor Freeman said the increase was of twelve
cents per one thousand gallons across the board.
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 Moore, Ragsdale, Sagely, Swaim
and Parker. The Mayor declared the motion carried as there were five (5) ayes and (0) nays.
Four (4) votes being necessary for passage.
Motion was made by Alderman Swaim and seconded by Alderman Parker, that the
emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes
Alderman Moore, Ragsdale, Sagely, Swaim and Parker. 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 30 -2011
ORDINANCE NUMBER 30 -2011 CONTINUED
+..ORDIN,ANCF, NO. 30 -2011 per active water meter service per month charge mandated by Art 79'
ORDINANCE ESTABLISIII \G RATES FOR %VTER SERVIC- of 7 007 to be collected and to cause the sums collected 10 tie paid to the
RS SUPPI IE1l BY THE (,17Y,OE VAN BUREN AND RI I CAL i Arkansas Stale Health Depart eril pursuant to Act 292 61 7007
1 l 11 \G PRIOR RACES FOR SUCH SF R\ ICES Section 4 •The provisions of this ol establish the m nthly
r i 1 j' S x charges for water service by the City of Van Buren Alt ports of ordl
WHEREAS; the Cil of Van Buren Arkansas (the "City.") owns and nancesrwhich have previously esublished •such rates and charges arc 1
openms a .ter system and hereby' repealed
-,.ry h d x
t t re d<1 a a shf Emergency Claus II d W tei is enti th el l
,r tilers o tse tem meet teaover throe t h aged to the a saff tad t supply of treatt ed h i a essential to the will
customers ef t the system the 'east o ae d eirh t the he beeratw be
n of the being of the Chi:" t and its inhabaad ang in drgency rs declaree,
'system together wb •the cosst bf certain hair e c esar ben th at
te5 es "and to exist s that the water rd and changes ct the oVa Bu r iv ennnce
ad W u E E serve the needs f ea t City dad its inhabit ohs add; y due financeing ing of Me of hie city ne Val ra n Bureln: Th Therefore, of 4S 1- eiisung watl er rates and and a est bushed December 2 due to this emergency and as [hie s Orrdinance is naessary to preserreltie
nanAce ce re No' not 2 :2010 of ape the City adopted approved December 20 health` safety and welfare of the Ciiy. and its inhabitants this ordinance.
2010 are hot sufficient tome I the 'requirements of the systemr and. shall be in full force and effect as of the date of its adoetion'und shall be
in o RFAS, It is necessar y Ihai Ordinance No; 21; re
010 be pealed unplementcd as of the dates set Forth in this Ordinance 1'._ 2+
in orde lerto erateBuhrged forthe services of thesystem and PASSED AND APPROVED THIS 171h`day of October, 2011
WIIFRF the Van Burch Municipal Uillides he ma sion, _after a e I
necessary try and com plete re view ha s rec o mm e nded the ate increase to APPROVED
the City Council as being in the best interest of the Clp and its Inhabit c
eats :irk! t 1, 'i i:; n 1- v Robert Freeman 4 i
WHEREAS; whe used in this Ordinancethc term Vaterfor Resale ee
Mayor. tr r 4 r f of b i
shall refer to ater purcha by Van Buren eontrnct users. The ii Attest 4 z ad fy s
Contract water users of Lan 13uren'o system are Oak l rose Rater Us R ba 0' rt y t i +i'
ers Association, Dora Rater Ilsers'Associ q y at gl
ion and Sc o ah County City perk,' x 9 i 1 i
Water Users ASsociauon 4 a y a '3 I IA
by he v f i C l l
NOW THEREFORE BE 1 1 ORD rknn AND ENACTED by the r RESOI
i ,City, Councd •of the City A
of Van Haren Arkansas; that a ev n t :":=,i--' 'C a i
Sceuont Ffertisi Nos mber 1 -'OIL the following mo nlinl ARI'SOLUrION RECOMMENDING TO THE MAYR A CITY.
mum cha ge re its the'rates fo r customers of the Van Hu COUNC112 OF THE .CITY,OE.VAN BUREN; ARKANSAS ITHAT
ien\lumcipal Utility Rater system 9f Vil Buren 't t „RATES FOR THE SALE OF WATER BE INCREASED`, -v'
Met r SvP i. is a l .e
Rehdrmt s S'' k v R s st the City 6f Aan Buren Arkansas Duns and opiates a
al hf At hl} Chu r 9 waters •stem and r.t t
'3/4 .F.1 r' to yr' :4'5475 E L i a ty s, e ai
r r7. ry WHEREAS, tae deter i d ib due t o n ,o here s—e i n t hmfu l l e s
$775
'I' 1;,°„4,r.. t c h re ofvedei Il o aS ith, t intheoblate
.e'er $1550 'Wholesale rtesifih a es
l is h ee by ordt Fort Smith a re n water
\titer Svv 1.'"..:"?:!'.. tt r $27 50 t ales and charges as established by he Wi N e 2112010 ae not suf-
P T M 1' fi W Meet the re
WHEREAS:. ary rft the brs stmand =i
Cnmm rClal F :MnmumM q, Y )"2
3/4!1 IP J 4 4 .75 1 4 •OEe k;,, a WHFe fS a is neces and at j- e.eest interest ed the ii and
i y 'v $4 75 v Wafer-rites n y.,
1 j f t f customers the Stem t said M Bedin, M U I
11/2 $895 NOW, THEREFORE. onrchi nd 70t Vt t en BorenMunici• t a
T' rp $19 75 the xi g rdii
O smn reYommends the Van Be Cit clear it that i
2 r v a K n $2550 g r es
the fil ag new rape a .c a b t naa r e d an bec ne be 1
3 >.a{W y iii i .-1.--„.. i t t K t 2 50 4 -i shown in She pr aids and char e to enacted and become a a as
4 Stet r' fz i $125 75 shown PASSEDTHIS 12 o(
the ro say of O b2 the Councd f
'Meter Sit 4 T "5' S r M ,,z r t; PASSCD S 2 dOetober 2011 '1 t yy f+
Induttrtal Mini C r fx t' •X w T 5' S
314;..y o g d kit i .a .i T J4 D wT
iL z� t -t $7885 t d A 9 1vk ypi
1uT I,"„ t $1185 i s i -.v x r �•S D5u
1 1/2 v. ,$1975 Attest s .2 r r ,t Chat �an
2 r- S $29657P' KathvCpi+ett a i t
4 -.k 4 aI s 565 50 fy Kathy Leppert Secretary n 1 'S s
s6 L. T l f s t 5175:751"-': t are .✓t. .1.. 4 41 1 7 t; v 1 .0
a $26(1 85 x an d the City
i
s A y ou are byen v are n in N newer Commission and ti
Mrtn-r SvY a o t ��ey zze� r. Fort m ter h in B hes en
a the tat e y ea si20 6=
2 5 tar Resale r„e .M1hmmum \tent9ly Cha�P f2r w .ter umge by Van Buren These amounts are for the year X 4 006 1
f3 a a' i \,,,I r X #a e,? -.2529.65 2008 q #s
445.7 E l q 5 1 750 t.+ u e
iv i 517575 .F °i
Through n '6 2 006oms below are the amounts that have been agreed oar
p x t s F x K a :.J2 r a;f $2G 085 2006 4 -$327,22600 g R
l the charg fc or customers outsi le the city limits shall b one and one t 2007 $12922700 t a rt
half (I 1 /2) tlmestherales forcustomers inside atv liintte Y 2008 p v 5 8407190 3g� s
r1r4, '�'tX.e S r,# iv 6 %SSel.fop f 3r a1'
,Section 2 the following volume charge aces and effective dates ate, l'here is nothing due for 2009 and the amount for 2010 appears to 5 be a
'cstablish dl for, ces5mersofheVin Buren Munici I Utlllt War- relatively, small amount in ourfavor (Y$ di @E y.$'-
SysiemoltheCity of Van Buren t ws( 5 r y Water:, i
y 5 In to i ns re 'pay for in be got doe the Co is recommendin
Resident al Volatile Char s 2 r lON ('rhino $4 6F1' I a ate increase as oWmed below
FffeHi eDUe \o 2mber lx 2011 Y
Conirtle i I Volu5 Charges f r 1000 Gallons 53 44 customer CI s C r Rat 1 ,Nev".. R t 951 I
Effermve Date No+ppper1 2011 t ill 9 Y 1 10036 Ills Pe/ Cali
lndustrt LVPlume Cho ges P r 1000 Call $3 17 I r
fferm Date lh
November2011 vF� a Residental-' 5390 50'2
F 402 31'fa
R'a'rer forResal \nliv Charges Per 1000 Call n S2 69 Y Commercial, $3 32 50 12
FffmttelyateNosemberl 2oll% t yr,_43:" a
f Industrial -.t. $305".' 5012 x .'5317 3:' 79%.7 1
the cliarjei for busromas outsid' the City lmuts shall be one and one Resale $2.57 $0. I 2 $2.69 4.7%
half 61 /2)times(he'mohthlyrate for customers iirside the City limits.
Secton 3 Inaddition to the rates andcharges established by this 5rdil The proposed rate increase will be effective November 1, 2011
twice, the Van Bute`n Municipal cltililies Commission, through its au
an
thorized representatives is authorised` and directed to cause the $0.30' Published in the October 22, 2011 issue of.he Press Argus- Courter;`
On the agenda next was to consider A RESOLUTION ACCEPTING THE BID OF
ALMA TRACTOR AND EQUIPMENT, INC., FOR THE PURCHASE OF A TRACK
EXCAVATOR, 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 Ragsdale moved that the Resolution be adopted. On the Clerk's calling
the roll, the following vote resulted: Ayes Alderman Moore, Ragsdale, Sagely, Swaim and
Parker. 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 10 -1 -2011
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. IQ- I -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 ALMA TRACTOR
AND EQUIPMENT, INC., FOR Mt, PURCHASE OF A TRACK
EXCAVATOR, AND FOR OTHER PURPOSES.
WHEREAS, the City of Van Buren has advertised for bids for the purchase of a track excavator; and
WHEREAS, bids have been received and opened in accordance with Arkansas law and Alma Tractor
and Equipment, Inc., was the lowest bidder meeting the bid specifications; and
WHEREAS, the City of Van Buren has determined that the bid of Alma Tractor and Equipment, Inc.,
is the best bid.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS, THAT:
SECTION I: The City of Van Buren, Arkansas accepts the bid of 77,026.50 plus applicable sales tax
as submitted by Alma Tractor and Equipment, Inc., as set forth in "Exhibit A" attached
hereto; and
SECTION 2: The Mayor is further authorized to enter into an agreement with an appropriate
financial institution in order to finance payment of this equipment, pursuant to
AMENDMENT 78, SECTION 2 OF THE CONSTITUTION OF THE STATE
OF ARKANSAS and ARK CODE ANN. 14 -78 -103.
SECTION 3: 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 purchase and to execute all
documents necessary to effectuate the agreement.
IN WITNESS WHEREOF, the of Van Buren, Arkansas, by its City Council,
did pass, approve, and adopt, by a vote of for and 0 against, 1 e oregoing Resoluti•
at its regular meeting held on the 17 day of October, 2011.
.`Ilt Y1►
Rosen D. Free wra w\
Mayor
ATTESTED: APPROVED aTO t• ICH:
t D l r ,Il rib
Barbie Curtis �Ca dice A. Settle
City Clerk/Treasurer City Attorney
On the agenda next was to consider A RESOLUTION ACCEPTING THE HIGH
BIDS FOR CERTAIN FIXED ASSETS AUTHORIZING TO BE SOLD AND DISPOSED
OF BY SEALED BID, 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 Parker moved that the Resolution be adopted. On the Clerk's calling the
roll, the following vote resulted: Ayes Alderman Moore, Ragsdale, Sagely, Swaim and Parker.
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 10 -2 -2011
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. 10..2 -2011
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARICANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION ACCEPTING TFIE,, HIGH BIDS FOR CERTALN FIXED
ASSETS AUTHORIZLNG'10 BE SOLD AND DISPOSED OF BY SEALED BID,
AND FOR OTHER PURPOSES.
WHEREAS, the City of Van Buren has authorized the sale and disposal of certain fixed assets
which are obsolete, and/or beyond repair, and are no longer cost effective, so as to
no longer be needed by the City, pursuant to Resolution No. 5 -2 -2011 and
Resolution No. 9 -1 -2011; and
WHEREAS, the City of Van Buren, after advertising, soliciting and opening sealed bids for
said assets, has received adequate and acceptable bids for each listed item thereto.
NOW, THEREFORE, BE IT RESOLVED BY TFIE CITY COUNCIL OF VAN
BUREN, ARKANSAS, TEAT:
SECTION l: The Mayor is hereby authorized to accept the high bids as set forth in Exhibit "A"
attached hereto for the following fixed assets:
Department Bid Amount Description of Inventory Conlin]H
Property Maintenance 557804 1996 Dodge Pickup PM -14
IB7UCI6Xs 12,688173
Property Maintenance 5600.00 laic Z48 "Mower PM-II
171398
Sheet Department 5 558.00 1996 Dodge Pickup ST -122
1B711C16XOTS688174
Street Department S 850.00 2003 Ford Cmwn Vittoria ST -278
2FAFP71 W93X 188935
Street Department 51,000.00 2000 Dodge Durango ST -264
1B4FIR28Y4YF189160
Sect Department 51,759.00 2003 Dodge Durango ST -280
2FAFY71W03X188936
Snort Department 5 256.00 John Deere Rotary Mower ST -227
W00MX6X0123503
Street Department S 33.00 Ice Maker ST -230
5081280010238
Scat Department S '500 Seapov Scanner ST -207
MT2500S2999
SECTION 2: The Mayor and City Clerk are hereby authorized by the City Council of Van
Buren to execute all documents necessary to effectuate these sales and transfers
and to deposit funds into the street funds account.
LN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of for and 0 against, the foregoing Resolution at Os
Regular meeting held on the 17' of October, 2011
Ru.ert D. Fre*'R� t.. s'
Mayor
ATTESTED: APPRO s AST t ORM:
Barbie Curtis Rl.T.W A Settle
City Clerk/ Treasurer City Attorney
On the agenda next was to consider A RESOLUTION SETTING A PUBLIC
HEARING DATE FOR SETTING OF NEW WARD BOUNDRIES WITHIN 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 Sagely moved that the Resolution be adopted. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Moore, Ragsdale, Sagely, Swaim
and Parker. 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 10 -3 -2011
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. 6 j 2011
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION SETTING A PUBLIC IIEAR.ING DATE FOR SETTING
OF NEW WARD BOUNDRIES WITIIIN THE CITY OF VAN BUREN,
CRAWFORD COUNTY, ARKANSAS.
WHEREAS, The City Council of Van Buren, acting under the authority of A.C.A. 14-43 -311 has the
authority to redistrict the wards in the City of Van Buren when they determine that the
people can best be served by changing ward boundary lines to equalize the population in
the various wards; and,
WHEREAS, The 2010 Census reflects unequal population within each ward; and
WHEREAS, The City Council of Van Buren, desires to redistrict the wards to see that each ward has a
near equal population so as to best serve the interest of the people of the City of Van
Buren.
NOW, THEREFORE, BE IT RESOLVED BY THE CI'T'Y COUNCIL OF 'rin: CITY OF
VAN BUREN, ARKANSAS, THAT:
SECTION 1: A Public Hearing is set for November 21, 2011, at 7:00 P.M. in the Van Buren City
Council Room, at which time new ward boundaries shall be presented to the City
Council.
SECTION 2: The City Clerk of Van Buren, Arkansas, is hereby directed to give notice by publication
in some newspaper, published in Crawford County, advising the citizens and others
affected, of said date and time the Council will review said boundaries.
LN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of j for and O against, the foregoing Resolution at its regular meeting
held on the 17 day of October, 2011.
i
Robert D. Freemt
Mayor
ATTESTED: I P ,D 0 FORM:
1
001 6 l ►ri%•a
Barbie Curtis Candice Settle
City Clerklrreasurer City Attorney
On the agenda next was to consider A RESOLUTION APPROVING AND
ACCEPTING THE FINAL PLAT OF LEGACY VALLEY PHASE II, WITHIN THE
PLANNING JURISDICTION OF THE CITY OF VAN BUREN, 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 Sagely moved that the Resolution be adopted.
On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Moore, Ragsdale,
Sagely, Swaim and Parker. 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 10 -4 -2011
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. 10 -2011
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION APPROVING AND ACCEPTLNG 'I'IIE FINAL PLAT
OF LEGACY VALLEY PHASE II, WITHIN TIIE I'LANNTN'G
JURISDICTION OF THE CITY OF VAN BUREN, ARKANSAS.
WHEREAS, IEREAS, The City of Van Buren, Arkansas, is duly incorporated under the laws of the State of
Arkansas, with all powers, authority and duties of a city of the first class, and under such
authority has adopted the Subdivision Regulations for the City of Van Buren (Ordinance
No. 7- 2003); and
WHEREAS, The Van Buren Planning Commission has reviewed and approved this final plat on
October 4, 2011; and
WIIEREAS, As a result of this meeting, the proposed Final Plat hereto was recommended by a
majority vote of the entire Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TAT; CITY OF
VAN BUREN, ARKANSAS, THAT:
SECTION L Subject to the assurances provided in the Code of General Orders of the City of Van
Buren Subdivision Regulations Title 15 et sq., being executed to assure that all
improvements are put in and that all requirements of the Planning Commission are met,
the submitted Final Plat for Legacy Valley Phase 1I within the Planning Jurisdiction of
the City of Van Buren, is hereby approved and accepted.
SECTION 2: The Mayor is hereby authorized and directed to sign said plat document and the City
Clerk is authorized and directed to attest to the same, upon acceptance of the constructed
improvements by the City, or, upon filing of any necessary bonds with the City Clerk.
IN WITNESS RUIEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of for and 0 against, the forego' g Resolution at its regular meeting
held on the 17 day of October, 2011. 0
i •r T
Ro• D. Fr t9r
Mayor
ATTESTED: RO1 O FORM:
0 G✓Ikc ss_��i
Candy =e A. f
Barbie Curtis City Attom
City Clerklrreasurer
On the agenda next was to consider A RESOLUTION AUTHORIZING THE
MAYOR TO CONTRACT WITH BLAYLOCK HEATING AND AIR CONDITIONING,
INC., FOR ENERGY UPGRADES AT THE VAN BUREN OLD LIBRARY BUILDING,
AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor
Freeman asked if there was any discussion. Mayor Freeman mentioned these are grant funds
approved by the Arkansas Department of Energy for future use of the old library building.
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 Moore, Ragsdale, Sagely,
Swaim and Parker. 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 10 -5 -2011
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. i0 -5 2011
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
AN RESOLUTION AUTHORIZING 793E MAYOR TO CONTRACT
WITH BLAYLOCK HEATING AND AIR CONDITIONING, INC.,
FOR ENERGY.UPGRADES AT TTIE VAN BUREN OLD ILIBEARY
BUILDING, AND FOR OTHER PURPOSES.
WHEREAS, the City of Van Buren has determined the need for energy efficiency improvements at the Old
Library Building, and
WHEREAS, the City of Van Buren has been awarded grant funds to assist in said improvements;
and
WHEREAS, the City advertised and received bids for the improvements; and
WHEREAS, the bids were received and opened in accordance with Arkansas law and Blaylock
Heating and Air Conditioning, Inc., was the lowest bidder meeting the bid
specifications; and
WHEREAS, the City of Van Buren has determined that the bid of Blaylock Heating and Air
Conditioning, Inc., for the amount of $126,000.00 was the best bid.
NOW, THEREFORE, BE IT RESOLVED BY 1 HE CITY COUNCIL OF THE CITY OF VAN
BUREN, ARKANSAS, 'ITIAT:
Section 1: The City of Van Btiren, Arkansas accepts the bid of $126,000.00 as submitted by Blaylock Heating
and Air Conditioning, 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 grant and 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 S for and Q against, the foregoing Resolution at its lar Meeting held qp the 17 day of
October, 2011. ,I
reie
RosertD. ree
Mayor
ATTESTED: APP' 0 tn ti IRM:
l I
fir /1 AI
Barae Curtis Candice A. Settle
City Clerk/Treasurer City Attorney
Next on the agenda was Boards and Commissions. Mayor Freeman made a
recommendation on behalf of the Van Buren Planning Commission to appoint Scott Morgan to
replace the position vacated by Woody Nelson. Mayor Freeman also asked the council to
reestablish a Parks and Recreation Commission. Electors Derek Riggs, Chairman; Debbie
Thomas; Brandy Mosby; Tyler Wood; and Michael Branuner were recommended to serve on the
board. Alderman Swaim seconded by Alderman Ragsdale made a motion to grant the
nominations. The Council followed with a unanimous vote. The Van Buren Housing Authority
recommended the appointment of Saundria Small to replace the vacated position of Jackie Riley.
Alderman Swaim seconded by Alderman Parker 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 $1,624,142.95 to pay expenses
and salaries for September 2011 presented by the City Clerk. The Council followed with a
unanimous vote.
10 -12 -2011 0 9 1 5 AM C I T Y O F V A N 4 0 0 9 PAGE: I
TRIAL BALANCE
AS OF: SEPTEMBER 30TH, 2011
10 General rural
MDNTH TO GATE YA4 TO DATE
ACCT# ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS I
ASS01
1000 Petty Cash 0.00 200.00
1020 Cash in Bank 33,070.94 126,115.61
1020.03 Cash In Bank -AS P's&Walmart Gra 0.00 0.00 0 2
1020.04 Veterans' Memorial -Act 934 0.00 119,923.30
1020.05 2009 Byrne Recovery Grant 10,024.01 834.00 3 2 2 `5 2 5 0
1020.06 2009 a Grant 120.00
Byrne 0.00 0.00 21065.41+
1020.07 2007 Byrne Grant 0.00
1020.08 Cash in Bank- Storm Damage 0.00 0.00 1 5 4, 2 4 3. 9 6+
1020.09 District Coat Grant Mediation 0.00 25.00 5 3 3 2 d C y
1020.10 Cash in Bank HDC 0.00 6.071.36 if s 0 1 0 5
1020.11 Casn 1n Bank-WEB 900.00 2,600.00 2 1 3 1 2 ''I
1020.12 Emergency Management Fund 16,410.09 16,410.08
1020.13 Cash In Bank -ACT 933 0.00 89,812.66 4 0 9 A 7 4
1020.14 Court Automation- District 1,022.50 76,176.46 2 7 0 1 3 3 5
1020.15 Cash in Bank -ACT 1314 0.00 0 1 1 9 5 7 5 6
1020.16 AR Dept of Rural Services 0.00 0.00
1020.11 New Police Dept
a. oD 35,000,00 009
1020.18 Cash in Bank PD CO Tax 2,307.09 52,460.59 2 J L 1 9 7
1020.19 Cash in Bank FD Co Tax 29,436.54 139,115.59
f 1020.20 Cash In Bank Erosion Control 250.00 8,350.00
1020.27 Cash in Bank Levee 0.00 7,645.26
1020.20 Marina Repairs 0.00 12,095.00
1020.31 Cash in Dank Parks 0 Re[ 5.00 45' 497'22
1020.32 010 -Parks s Recreation 0.00 0.00
1020.33 Cash in Bank -Yard Waste 17.640.68 57,853.82
1020.51 Cash in Bank Cemetery 3,610.76 1,574.35
1020.91 Cash in Dank Cap imp 411,086.01 70,196.75
i 1040 Investments 242 .75 250, 961.79
I
1040.10 Investments sales Tax City 0.00 0.00
1040.10 Investments PD Co Tax 0.00 0.00
1040.19 Investments FD Co Tax 0.00 0.00
1040.27 Investments Levee 0.00 0.00
1040.31 investments Perks s ReC 0.00 0.00
1 0.00 38,752.59
:040.51 Investments cemetery
1040.91 Investments Cap Inp
0.00 1,817,877 0
1050 Fixed Assets
0.00
1051 Accumulated Depredation 0.00 0.20
i 1504 Due from Payroll 0.00 0.00
1505 Due From Other Fines 0.00 0.00
i 1520 Due from Street Fund 1.32 3.04
1540 Due From Library Fund 0.00 0.00
LIABILITIES AND FUND BALANCE
2000 ACCOUns Payable 0.00 0.00
2010 Municipal Health Inc. Payable 0.00 0
2030 Colonial Life Payable 0.00 0.00
1
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. The council considered a
street-closing request from -First Baptist Church -for- their -Fall- Festival -on October -30 Motion
was made by Alderman Parker and seconded by Alderman Sagely. The Council followed with a
unanimous vote.
Next, Kelly Lopez with the Area Agency on Aging gave the quarterly report. The balance
as of date is 1,544.00. She also mentioned that they use $525 -$575 a month for in home
assistance. They held a flu clinic today at the office on Garrison Avenue. It was free for those
who have Medicare and $10 for everyone else.
John Pope with Keep Van Buren Beautiful had three things he wanted to cover. First, this
Saturday is the Fall Cleanup. It will be starting at 8:00 a.m. and will have dumpsters at Lake Lou
Emma and behind the Crawford County Courthouse. He also said that Waste Management
donates the use of the dumpsters at no charge which saves the city approximately $900.00.
Secondly, Van Buren School District recently won the Arkansas Recycling Coalition Award
School Recycling Program of the year. Normally, this award is given to one class or one small
school. This is the first time it was given to an entire school district which includes eleven
schools. Keep Arkansas Beautiful has a new recycling contest. John Pope said he entered all
eleven schools into that nationwide program which starts today and runs through November 12`
Lastly, John Pope informed the council that the rules for the Shine Award have been changed.
The Cities of Van Buren and Lowell have won two years in a row and the Cities of Fayetteville
and Eureka Springs have won three years in a row each for its own population bracket. Because
of this there has been no incentive for other cities within Arkansas to get involved due to the
steep competition. Rules were changed to create a Super Bowl like competition. All cities except
for Eureka Springs were entered and the City of Fayetteville won for 2011. John Pope said these
same rules will apply for 2013 and every other year after that. Mayor Freeman said we don't do
it for the awards any way. We do it because it's the right thing to do.
Mayor Freeman thanked Sheila Bell for the Civil War last Saturday. He also mentioned
that the Tales of the Crypt will be Saturday and Sunday the 22 and 23`
Alderman Parker gave a hats off to Randy Smith. He had people from Preservation
Conservation Commission here to instruct various cities around Arkansas about cleaning
monuments. Mayor Freeman agreed.
There being no further business, motion was made by Alderman Parker and
seconded by Alderman Ragsdale to adjourn. The Council followed with a unanimous
vote. The meeting adjourned at 8:10 p.m.
A /T ESTED: A PRO ED:
CITY CLERK TREASURER MAYOR et\