12 December 2011 Regular MINUTES OF THE VAN BUREN, ARKANSAS
CITY COUNCIL MEETING DECEMBER 19, 2011
The City Council of the City of Van Buren, Arkansas met at 7:00 p.m. Monday,
December 19, 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, Dodd and Sagely. City Attorney Candice Settle and City Clerk
Treasurer Barbie Curtis were present. This made a total of nine (9) present. A quorum was
declared.
The invocation was given by Ron Reading of First Baptist Church.
Next, Mayor Freeman led the Pledge of Allegiance.
On the agenda next, Mayor Freeman asked to adopt the minutes of the Council Meeting
on November 21, 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
Dodd, Sagely, Swaim, Parker, Moore and Ragsdale. The following voted nay: none.
On the agenda next was to consider A RESOLUTION SETTING A PUBLIC
HEARING DATE FOR ABANDONING A PUBLIC UTILITY EASEMENT IN LEGACY
VALLEY, PHASE I, INSIDE 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 Ragsdale moved that
the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes
Alderman Dodd, Sagely,- Swaim, Parker, Moore and Ragsdale. 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 12 -1 -2011
CITY OF VAX SIREN, ARKANSAS
RESOLUTION NO. Ia- 1 -2311
BE IT ENACTED BY THE CITY" COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE EN 111 LED:
A RIISOLITTION SETTING A PUBLIC HEARING DATE FOR
ABANDONING A PUBLIC IT UATV EASEMENT IN LEGACY
VALLEY, PHASE 1, INSIDE TILE CITY OF VAN BUREN, CRAtWTORD
COUNTY, ARKANSAS.
WHEREAS, Clements Homes, Inc. and CCU Development, loon. Nave petitioned the City Council of
Van Buren, Arkansas, on behalf of the owners and adjacent owners of Lots 13 through 21
of Legacy Valley Phase I, to vacate and abandon the public utility easement along said
lots more pardcularly described as follows:
Description of Exiisdn• 1000 Foot Public lltlli Ease.. ent
The Past 10' of lots 13 through 21 of Legacy Valley Phase 1, to the City of Van Buren,
Arkansas, Crawford County, Arkansas, as recorded Denember 28, 2010 as PINT 2010-27,
less and except the North 15' of the East ID' of said Lot 21 and the South 10' of the East
10' of said Lot 13;
and
WHEREAS, all of the property owners and adjacent property owners being affected by this public
utility easement abandonment have consented by signed petition; and
WHEREAS, the City Council of Van Buren, acting under the authority of A.0 A. 14 -199 -103 and
A.CA. 14 -301 -302, has the authority 10 vacate public utility easements or segments
thereof.
NOW, THEREFORE, BE PP ItESOL VED BY TICS CITY COUNCIL OF THE CITY OF
VAN BUREN, ARKANSAS, TAAT'
SECTION A Public Heaimg1s set for January 23,2012,at1:00 PIA. in the Van Beaten City Council
Room, at which time said Petition shall be presented to 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 uodce 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 data and time the
Council will hear said Petition.
IN WITNESS WAF.REOF, the City of Van Buren, Arkansas, by its City Council, did pass,
aggro e and adopt, by a vote of for and 0 against, the foregoing Resolution at its regular meeting
held on the 19 day of December, 2011.
Robert D. Freeman
Mayor
ATTESTED: .i, 0 I:
Barbie Curtis Candice A. Settle
City Clerk/Treasurer City Attorney
On the agenda next was to consider A RESOLUTION APPROVING AND
ACCEPTING THE FINAL PLAT OF "BORDELON TRACTS 1 THROUGH 4 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 Dodd moved that the Resolution be
adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Dodd,
Sagely, Swaim, Parker, Moore and Ragsdale. 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 12 -2 -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 ENTITLED:
A RESOLUTION APPROVING AND ACCEPTING THE FINAL PLAT
OF `BORDELON TRACTS I THROUGH 4 WITHIN THE PLANNING
JURISDICTION OF THE CITY OF VAN BUREN, ARKANSAS.
WHEREAS, 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 reviewed and approved this final plat on December
6,2011; and
WHEREAS, as a result of this meeting, the proposed Final Plat he was recommended by a
majority vote of the entire Planning Commission.
NOW, 1HLREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TILE CITY OF
VAN BUREN; ARKANSAS, THAT:
SECTION 1: 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 Bordelon Tracts t through 4 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 WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of (7 for and _a against, the forego Resolution at its regular meeting
held on the 19" day of December, 2011.
Robert D. Freeman
Mayor
ATTESTED: APPRtat AS TO FORM:
(Sat
Barbie Curtis Candice`-. S
City Clerk/Treasurer h Attorney
On the agenda next was to consider A RESOLUTION APPROVING AMOUNTS OF
LIENS TO BE CERTIFIED TO THE CRAWFORD COUNTY TAX COLLECTOR
AGAINST CERTAIN REAL PROPERTIES AS A RESULT OF GRASS CUTTING
EXPENSES AND ABATEMENT OF OTHER NUISANCES BY THE CITY OF VAN
BUREN; 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 Dodd, Sagely, Swaim, Parker, Moore and Ragsdale.
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 12 -3 -2011
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. I2 -20
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION APPROVING AMOUNTS OF LIENS TO
BE CERTIFIED TO THE CRAWFORD COUNTY TAX
COLLECTOR AGAINST CERTAIN REAL PROPERTIES
AS A RESULT OF GRASS CUTTING EXPENSES AND
ABATEMENT OF OTHER NUISANCES BY TEE CITY OF
VAN BUREN; AND FOR OTHER PURPOSES.
WHEREAS, in accordance with Ark Code Ann 14 -54 -901, the City of Van Buren has
corrected conditions existing on certain lots or other real property within the City
of Van Buren and is entitled to compensation pursuant to Ark Code Ann. 14 -54-
904; and
WHEREAS, state law also provides for a lien against the subject properties, with the amount of
Gen to be determined by the City Council at a hearing held after notice to the
owner thereof by certified mail or publication (see Exhibit "A" attached hereto),
with said. amount (plus a ten percent collection penalty) to be thereafter certified
to the Crawford County Tax Collector; and
WHEREAS, a hearing for the purpose of determining such liens has been set for 7:00 p.m. on
December 19, 2011 in order to allow service of the attached notice of same upon
the listed property owners, by certified mail or publication as is necessary.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 1HE
CITY OF VAN BUREN, ARKANSAS, THAT:
SECTION It After notice to property owners, a public hearing was held at 7:00 p.m. on
.December 19, 2011, for the purpose of determining the amount of liens, if any, to
be filed against certain real property as the result of grass cutting and abatement
of other nuisances by the City of Van Buren.
SECTION 2: After said public hearing the amounts listed on Exhibit `A" are hereby certified
and are to be forwarded to the Crawford County Treasurer and Assessor.
SECTION 3: This Resolution shall be in full force and effect from 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 b for ana against, the foregoing Resolution at its
regular meeting held on the 19 day of December, 21
9
Robert D. F
Mayor
ATTESTED: AF )1 RO 'ED 0 FORM:
I
1 t•_
Barbie Curtis Candice A. Seale
City Clerk/Treasurer City Attorney
On the agenda next was to consider A RESOLUTION ADOPTING A PROPOSED
BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2012. 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 Dodd, Sagely, Swaim,
Parker, Moore and Ragsdale. 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 12 -4 -2011
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. 1 -2011
BE Pf ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE
FISCAL YEAR ENDING DECEMBER 31, 2012.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN
BUREN, ARKANSAS, TILT:
SECTION 1: The 2012 Proposed Expenditures of 5 13,369.903.00 (Thirteen Million, Three
Hundred Sixty -Nine Thousand, Nine Hundred Three Dollars and No Cents) is
hereby appropriated and a copy of said Budget is attached hereto and made a
part hereof
SECTION 2r The appropriations made herein include additional pay for
Holidays for all agents, servants and employees of the City of Van
Buren including, but not limited to, uniformed employees, as
provided for by the laws of the State of Arkansas.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council,
did pass, approve, and adopt, by a vote of a for and 0 against, the foregoing Resolution
at its regular meeting held on the 19 day of December, 2011.
L
Ro .ert D.. lan
Mayor
ATTESTED: APPROVED AS TO FORM:
1
i�.
�-C l ,{,�ry -vim
Barbie Curtis ndicN' Settle
City Clerk/Treasurer City Attorney
On the agenda next was to consider A RESOLUTION AUTHORIZING THE
MAYOR TO PURCHASE CERTAIN VEHICLES FOR THE CITY OF VAN BUREN
POLICE DEPARTMENT, THROUGH THE STATE PURCHASE CONTRACT; 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
Dodd moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote
resulted: Ayes Alderman Dodd, Sagely, Swaim, Parker, Moore and Ragsdale. 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 12 -5 -2011
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. a- 5 2011
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED.
A RESOLUTION AUTHORIZING TIIE MAYOR 'I'O
PURCHASE CERTAIN VEHICLES FOR THE CITY
OF VAN BUREN POLICE DEPARTMENT,
TILROUGH TIFF. STATE PURCIIASE CONTRACT;
AND FOR OTH PURPOSES.
WHEREAS, the City of Van Buren is in need of certain police vehicles, for the safety of life and
protection of property by the City of Van Buren Police Department; and
WHEREAS, the City of Van Buren, utilizing funds already allocated in the 2011 budget, desires
to purchase three (3) Ford Police Interceptor Sedans, for the price of
523,307.00 each, fully equipped, as set forth in attachment "A" hereto; and
WHEREAS, the City is authorized to waive the expense and time of bidding by purchasing such
vehicles though the state purchase contract, pursuant to ARK. CODE ANN. 19 -11-
249, and the City has decided that it is in its best interest to purchase the above listed
vehicles via the 2011 Arkansas State Contract, Award No. SP-11-0001.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN
BUREN, ARKANSAS, THAT:
SECTION 1: The Police Department of the City of Van Buren, Arkansas is in immediate need of
the vehicles set forth above.
SECTION 2: Said vehicles are to be purchased via the 2011 Arkansas State Contract, Award No.
SP -11 -0001. from Crain Ford, for the total sum of 523,307.00 each.
SECTION 3: The Mayor and City Clerk are hereby authorized by the City Council for the City of
Van Buren to execute all documents, contracts, and agreements necessary to
effectuate this action.
IN 'TESTIMONY WHEREOF, the City of Van Buren Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of c for and y against, b oregoing Resolution at its
regular meeting held on the 19'" day of December 2011.
Robert Free
Ma or
AnTTESTED:: ',t• Al' 0 S t FORM:
7U^-1 1.(A A.72/2.3
Barbie Curtis Candi` S_ttle
City Clerk/Freasurer City Attorney
On the agenda next was to consider AN ORDINANCE ADOPTING A NEW WARD
BOUNDARY MAP FOR THE CITY OF VAN BUREN, ARKANSAS. 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. There was none.
The Mayor then put the question, "Shall the Ordinance pass Motion was made by
Alderman Swaim and seconded by Alderman Sagely to adopt the Ordinance. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Dodd, Sagely, Swaim, Parker,
Moore and Ragsdale. The Mayor declared the motion carried as there were six (6) ayes and (0)
nays. Four (4) votes being necessary for passage.
The Mayor then declared the Ordinance passed and signed salve in open Council, duly
attested by the City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 35 -2011
CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO..S- 2011
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE ADOPTLNG A NEW WARD BOUNDARY
MAP FOR THE ciTY OF VAN BUREN, ARKANSAS.
WHEREAS, the City Council of Van Buren, acting under the authority of A.CA. 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 OM/ACNE!) AND ENACTED BY THE CITY COUNCIL OF
VAN BUREN, ARKANSAS, THAT:
SECTION 1: The Ward Boundaries as delineated on the attached map are hereby adopted as the
official Ward Boundaries on the official Map of the City of Van Buren, Arkansas.
SECTION 2: All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed.
SECTION 3: If any part of this Ordinance is declared invalid or unconstitutional for any reason, such
declaration shall not be held to invalidate or impair the validity, force or effect of any
other part of this Ordinance.
IN WITNESS WHEREO the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of J for and against, the forego' Ordinance at its regular meeting
held on the 19 day of December, 2011.
Roo rt D. Free
Mayor
ATTESTED: FRONT. TO FORM:
Barbie Curtis Candice e
City Clerk/Treasurer City Attorney
On the agenda next was to consider AN ORDINANCE AUTHORIZING THE
MAYOR TO ENTER INTO A CONTRACT WITH SOUTHWEST EMS OF MENA FOR
AN EXCLUSIVE FRANCHISE FOR AMBULANCE SERVICES; 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 Parker. The council
followed with a unanimous vote. The Clerk then read the Ordinance the third and final tine.
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 Aldennan Dodd to adopt the Ordinance. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Dodd, Sagely, Swaim, Parker,
Moore and Ragsdale. 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 Sagely, that the
emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes
Alderman Dodd, Sagely, Swaim, Parker, Moore and Ragsdale. 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 36 -2011
CITY OF VAN BUREN, ARKANSAS
ORIIINANCE. NO.40 -2011
BE IT ENACTED BY THE CITY COIiNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, AN ORDNANCE TO BE ENTITLED:
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER LN10 A
CONTRACT WITH SOUTHWEST EMS OF MENA FOR AN
EXCLUSIVE FRANCHISE FOR AMBULANCE SERVICES;
DECLARING AN EMERGENCY; AND FOR 0I HER PURPOSES.
WHEREAS, there is a need for accountability is ambulance service in the City of Van Buren
to ensure its citizens receive timely and competent ambulance service; and
WHEREAS, Ark. Code Ann. Section 04- 266 102, ct seq. authorizes cities of the Forst class to
eater into an exclusive franchise with an ambulance company to provide
emergency and nomemergency ambulance service within the city limits of the
City of Van Buren; and
WIIEREAS, We City of Van Buren previously voted to award an exclusive contact with
Southwest ENS beginning on January 1, 2012; and
WHEREAS, the Council has determined that Southwest EMS of Mena is the best qualified
ambulance service for the City of Van Buren.
NOW, THEREFORE, BE IT ORDALNID AND ENACTED BY THE CITY COUNCIL OF
THE Crry OF VAN BUREN, ARKANSAS, THAT:
SECTION 1: The City Council hereby authorizes the Mayor to enter into a contact for
ambulance service with SouthwestEMS of Mena (Exhibit A).
SECQN 22s Severabiliry. In the event any Vie, section, subsection, subdivision, paragraph,
subparagraph, item, sentence, clause, phrase, or word of this ordinance or the
contact made a pan hereof is declared or adjudged to be invalid or
unconstitutional, such declaration or adjudication shall not affect the remaining
portions of the ordinance which shall remain in full force and effect as if We
portion to declared or adjudged invalid or unconstitutional was not originally a
pan of the ordinance.
$EETIDN 3' Emergency and Effective Date. This ordinance being necessary to ensure
continued emergency and von emergency medical care to citizens of Ibis city,
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.
LW WITNESS WHEREOF, the City of Van Buret Arkans. •y its City Council, did
pass, approve, and adopt by a vote of e for and SO against, the g Ordinance at
regular meeting held on the 19 of December, 2011.
Robert D. Frcoma.
Mayor //�J�
ATTESTED: AP lPHijWF �OR t:
L ISCOILL-H (IA Air ma- Barble Curtis Settle
City Clerk/Treasurer City Attorney
On the agenda next was to consider AN ORDINANCE TO VACATE AND
ABANDON A PUBLIC UTILITY EASEMENT IN LEGACY VALLEY, PHASE I,
INSIDE 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 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 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 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 Dodd, Sagely, Swaim, Parker,
Moore and Ragsdale. The Mayor declared the motion carried as there were six (6) ayes and (0)
nays. Four (4) votes being necessary for passage.
The Mayor then declared the Ordinance passed and signed same in open Council, duly
attested by the City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 37 -2011
CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO.37 2011
NOW, THEREFORE, BE IT ORDAN'ED BY THE CITY COUNCIL 00 TIIE CFII' OF
VAN BUREN. ARKANSAS, THAT:
BE IT ENACTED BY THE CITY COUNCIL, FOR TILE CITY OF VAN BUREN, S 1' The City of Van Buren, Arkansas, hereby releases, vacates, and abandons all its rights,
ARKANSAS, AN ORDNANCE TO BE ENTITLED:
together with the rights of Ne public generally, in and to the public utility' easement
running along Lots 1 through 12 of Legacy Valley Phase I in the City of Van Buren,
AN ORDNANCE TO VACATE AND ABANDON A PUBLIC uTILrTY Arkansas, more specifically described above.
EASEMENT N LEGACY VALLEY, PHASE I, NSIDE TILE CITY OF al signatures and duly d by the City Clerk
VAN BORON, CRAWFORD COUNTY, ARKANSAS, AND FOR OTTER SECHON 2' A copy of this Ordinance bearing origin
PURPOSES. shall be fled in the Miscellaneous Records of the Circuit Clerk of Crawford County,
Arkansas.
WHEREAS, a petition has been filed with the City Council of Van Buren, Arkansas, by Clements
Homes, Inc. and GGL Development, Inc., on behalf of the owner and adjacent oaners of
Lou 1 through 12 of legacy Valley Phase I. to vacate and abandon the public utility LN WTINESS WHEREOF. the City of Van Buren, Arkansas, by its City Council, did pass,
easement along said lots more particularly descnbed as follows: approve, and adopt, by a vote of for and against the foregoing Ordnance at its regular meeting
D ofExi Ir n ..t Public tii' asement
held on the 19 day of December, 2011.
The West 15' of Lots 1 through 10 and the South 1T of Lots 10 through 12 of Legacy
Valley Phase 1, to the City of Van Buren, Arkansas, Crawford County, Arkansas, as
recorded December 28, 2010 as Plat 2010 -27, less and except the North 15' of the West Ro art D. Free
Mayor
15' of said Lot 1 and the South 7.5' of the Wert 15' of said Lot 9 and the North 7.5' of
the West 15' of Lot 10 and the East 7.5' of the South 15' of said Lot 11 and the West 7.5'
p: aV
of the South 15' of said Lot 12; ATTESTED:
FORM:
9 10 and
WHEREAS, after due nonce as required by law, the Council has at t time and place node notice, Candice A. Settle
heard all persons desiring to be heard on the question CClerk/Treasurer on and has ascertained that the public CuMe Curtis City Anorney
utility casemedt 6ereiml,ove designated has therefore been dedicated to We public use as
a utility easement and that the same has not been used for a period of more than Eve (5)
years preceding this date; and that the owner of the property abutting such utility
casement to be vacated have filed with the 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 of A.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 GRANTING THE CITY OF
VAN BUREN, ARKANSAS THE AUTHORIZATION TO ENTER INTO AN
AGREEMENT WITH SOUTHWESTERN BELL TELEPHONE COMPANY DIB /A
AT &T ARKANSAS IN REGARDS TO VIDEO PROGRAMMING, 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 notion 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 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. There was none.
The Mayor then put the question, "Shall the Ordinance pass Motion was made by
Alderman Swaim and seconded by Alderman Dodd to adopt the Ordinance. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Dodd, Sagely, Swaim, Parker,
Moore and Ragsdale. 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 Moore, that the
emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes
Alderman Dodd, Sagely, Swaim, Parker, Moore and Ragsdale. 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 38 -2011
WHEREAS, both Parties agree that the deployment of the IP Network and the provision of IP-
CITY OF VAN BUREN, ARKANSAS Enabled Video Service is in the best interests of both Parties and of the residents
�Q ofthc City. Therefore, both Parties agree that such deployment and provision of
ORDINANCE NO. 2011 service should not be delayed by possible litigation and that it is in the best
interests of both Parties to reach a compromise of each other's positions and
claims; and
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CTTY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED: WHEREAS, the Parties recognize and acknowledge that their positions differ regarding the
jurisdiction of the City to require AT &T to enter into an agreement before it may
AN ORDINANCE GRANTING THE CITY OF VAN BUREN, occupy or use the public ROW to upgrade its existing network to provide video
ARKANSAS THE AUTHORIZATION' TO ENTER INTO AN services to the citizens of the City; however, the Patties voluntarily enter into an
AGREEME .NT WITH SOUTHWESTERN BELL IPTV Video Services Agreement to avoid possible litigation and consequent
TELEPHONE COMPANY DB /A/ AT &T ARKANSAS delay.
IN REGARDS TO VIDEO PROGRADIDILNG, DECLARING
AN EMERGENCY; AND FOR OTHER PURPOSES. NOW, TLIEREFORE, BE IT OPDATh''ED AND ENACTED BY IDE CITY
COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT:
WHEREAS, as a telecommunications provider, Southwestern Bell Telephone Company, a
Missouri Comoration doing business as AT &T Arkansas ("AT &T"), has SECTION 1: The services that AT &T will provide to the City shall he subject to the terms and
statewide authority under Ark. Code Ann. §23- 17 -10I to construct, operate and provisions as more particularly set forth in the IPTV Video Services Agreement,
maintain its telecommunications facilities in the public rights of way ("ROW") effective January 1, 2012.
throughout the State of Arkansas. Under Ark. Code Ann. §14- 200 -101, the City of
Van Buren, Arkansas, a municipal corporation "City") is permitted to impose SECTION 2: The Mayor is hereby authorized, by and on behalf of the City, to execute the
reasonable terms and conditions on AT&T Arkansas' use and occupation of the IPTV Video Services Agreement with AT &T and the terms and provisions
City's ROW and to collect a reasonable franchise fee for such use and occupation contained therein are hereby approved.
of its ROW; and
SECTION 3: This Ordinance being necessary for the financial continuity of the City of Van
WHEREAS,' AT &T bas informed the City that it is in the process of upgrading its existing Buren, Arkansas, and necessary in providing for the immediate preservation of
telecommunications network to provide an integrated Internet Protocol ("IP") the public peace, health, and safety, an emergency is declared to exist and this
enabled broadband platform of voice, data and video services CIP Network the Ordinance shall take effect on January 1, 2012 and be in force after its passage.
video component of which, is a switched two -way, point -to -point and interactive
service "IP- Enabled Video Service The IP Network upgrade will involve the IN WITNESS RTIEREOF, the City of Van Buren, Arkansas, by its City Council, did
use of the City's ROW; and pass, approve, and adopt, by a vote of for and 0 against, the foregoing Ordinance at its
regular meeting held on the 19 day of December, 2011.
WHEREAS, the City mains *ins that the services that AT &T hill provide in the City over its1P
Network are "Cable Services" as defined in 47 U-S.C. Section 522 (6) and are
subject to Title VI of the Communications Act of 1934, as amended ("Title \T'), a and AT&T AT &T disagrees with this contention; and Robert D. Free....
Mayor
WHEREAS, the Parties, without determining whether the system or services that AT &T will
use in the City to provide IP- Enabled Video Service are subject to Title VI, desire ATFESTED: VED AS TO FORM:
to enter into an agreement, which the Parties, in good faith, intend to be binding
4 WS
as a matter of contract between them and believe is in accord with such I SNP*
as might be imposed by Title VI, Arkansas law, and the Ordinances of y t J✓a'
the City, if and to the extent such are applicable; and Barbie Curtis dace A. the
City Clerk/Treasurer City Attorney
Next on the agenda was the Financial Statement. Motion was made by Alderman Swaim
and seconded by Alderman Parker to appropriate the sum of $1.266,141.79 to pay expenses and
salaries for November 2011, presented by the City Clerk. The Council followed with a
unanimous vote.
I
12 -01-2031 1 0 4 1 All 1 0 7 0 0 VAN 0 0 0 0 0 ?AGE: 1
TRIAL BALANCE
2■,..-_----.. AS OF: 100002ER 30TH, 2011
10 General Fund
ACCTM ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS
ASSETS
;000 Petty Cash 0.00 200.00
1020 Cash in Bank 15,070.18 110,020:34
1020.03 Cash 10 Sank -A0 'sswalnart Gra 0.00 1,00
1020.04 veterans' Memorial -Act 934 0.00 118,923 -30 [f A
1020.05 2009 Byrne Recovery Grant 0.00 0.00
1020.06 2009 Byrne Grant 0.00 120.00
,0 >,910' 915
1020.07 2007 Byrne Grant 0.00 0.00
1020.08 Cash 10 Bank- Storm Damage 0 -00 0.00 2 0 5 I
1020.09 District Coot Grant- Medication 0.00 25.00 1 7 5 9 1 J 0 J S
1020.10 Cash in Bank HOC 2.391.00 2,680.36 g 3 0 5 3 I
1020.11 Cash in Bank -KVBO 0.00 831.50 V L e 4 j y
1020.12 Emergency Management Fond 0.20 14,460.08
1020.13'Cash In Bank -ACT 833 17,013.74 53,464.41 z 0 U n F' i t
1 1020.14 Court Artosa :ion- District 1 7 0 5 0 0 79,528.96 1 1 1 5' 3 I h
1020.15 Cash in Bank -ACT 1314 0.00 0.00 5 2 s 0 6 5
1020.16 AR Copt of Rural Services 0.00 0.00 0 08
1020.17 New Police Dept 0.00 35,000.00
1020.18 Cash in Bank BD co
Tax 16,438.24 39,755.33 o 5 1 4 'f 9 A t
1020.19 Cash in Bank F9 Co Tax 10,749.05 66,982.16
1020.20 Cash In Bark- Erosion Coctool 250.00 9,150.00 [0 M
1020.27 Cash in Bank Levee 0.00 6,995.26
1020.28 Marina Repairs 0.00
R c 02,005.00
1020.31 Cash in Bank Parks 5 1,115.00 39,372.82
1020.32 G1 -Parks Recreation 0.00 0.00
I 1020.33 Cash in Bank -Yard Waste 7,344.98 70,358.09
0020.51 Cash in Bank Cemetery 810.33 2,285.81
9 1020.91 Cash in Bank Cap Imp 469,269.06 380,042.99
1040 Investments 243.22 251,440.16
1040.10 Investments Sales Tax City 0.00 0.00
1040.18 Investments 2D Co Tax 0.00 0.00
1040.19 investments FD Co Tax 0.70 0.00
1040.27 Investments Levee 0.00 0.00
i i 1040.31 Investments Parks Rec 0.00 0.00
1040.51 Investments cemetery 0.00 30,752.59 1
1040.91 investments Cap Imp 0,00 1.818,573.26
i 1050 Fixed Assets 0.00 0.00
1051 Accumulated Depreciation 1.00 0.00
1504 Due from Payroll 0.00 0.00
1505 Due From Other Funds 0.00 0.00
1520 Due from Street Fund 5.72 0.00
1540 Due From 20erary Fund 0.00 0.00
L_ABILIT3ES AND FUND BALANCE
2000 Accounts Payable 0.00 0.00
2010 Municipal Hea1:0 Ins. payable 0.00 0.00
2030 Colonial Lfe Payable 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. Kelly Lopez, with Area
Agency on Aging gave a brief report of expenditures.
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 8:15 p.m.
ATTESTED: A PRO ED:
ITY CLERK TREASURER MAYOR