02 February 2012 Regular MINUTES OF THE VAN BUREN, ARKANSAS
CITY COUNCIL MEETING FEBRUARY 27, 2012
The City Council of the City of Van Buren, Arkansas met at 7:00 p.m. Monday, February
27, 2012 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 Joseph Hurst, City Planner for the City of Van Buren.
Next, Mayor Freeman led the Pledge of Allegiance.
On the agenda next, Mayor Freeman asked to adopt the minutes of the Council Meeting
on January 23, 2012. Alderman Swaim made a motion to approve the minutes. Alderman
Ragsdale seconded the motion. On roll call, the following Council members voted aye:
Alderman Swaim, Parker, Moore, Ragsdale, Dodd and Sagely. The following voted nay: none.
Next, Mayor Freeman gave a State of the City Report.
On the agenda next was to consider AN ORDINANCE GRANTING THE CITY OF
VAN BUREN, ARKANSAS THE AUTHORIZATION TO ENTER INTO AN
AGREEMENT WITH COXCOM, LLC., A DELAWARE LIMITED LIABILITY
COMPANY ("COX") IN REGARDS TO VIDEO PROGRAMMING. The Clerk read the
Ordinance in part. Alderman Sagely moved that the rules be suspended and the Ordinance be
placed on its second reading. The motion was seconded by Alderman Moore. 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 said this parallels the AT &T
Franchise Agreement passed by the council in December.
The Mayor then put the question, "Shall the Ordinance pass Motion was made by
Alderman Swaim and seconded by Alderman Moore to adopt the Ordinance. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale,
Dodd and Sagely. The Mayor declared the motion carried as there were six (6) ayes and (0)
nays. Four (4) votes being necessary for passage.
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 4 -2012
CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. "V -2012
BE IT ENACTED BY THE CITY COUNCIL, FOR TFII! CI "fY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE GRANTING TILE CITY OF VAN BUREN,
ARKANSAS TFIE AUTHORIZATION TO ENTER INTO AN
AGREEMENT W i l it COXCOM, LLC., A DELAWARE
LIMITED LIABILITY COMPANY "COX IN REGARDS
TO VIDEO FROG RAM3IING.
WHEREAS, under Ark. Code Ante. 14- 54-302, the City is empowered and authorized
to sell, convey, lease, or let any real estate or personal property owned or
controlled by the City; and
WHEREAS, wader Ark. Code Ann. 14 -200 -101, the City is permitted to impose reasonable
terms end conditions on the use and occupation of the City's ROW and to collect
a reasonable franchise fee for such use and occupation of its ROW; and
WHEREAS, the City is authorized by the federal Cable Act (47 U.S.C. 521, et seq.) to grant
non-exclusive franchises to cable operators for the construction, operation, and
maintenance of a cable system to provide cable service.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY
COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS TIIAT THE CITY AND
CONCOM, LLC., HEREBY AGREE AS FOLLOWS:
I. Renuir For the reasons set forth herein, the panics agree to enter into 51115
agreement for the exclusive and limited purpose of addressing the provision by COX of wire -line
video service within the City.
1.2. COX shall comply with to lawful application or all applicable provisions of the
Code of Ordinances of the City, state and federal law with respect to the location of COX's
Cable System in the ROW, including generally applicable permitting requirements that may be
required under the Ordinances of the City, as it now exists er as it may be amended from time to
time.
2. Term, The tern of this Agreement shall be from the Effective Date of this Agreement
through December 31, 2016. The term may be extended upon mutual agreement of the Panics in
writing.
ORDINANCE NUMBER 4 -2012 CONTINUED
3. Cc ensa[iov to City. (h) Maintenance fees.
3.1. During the term of this Agreement, COX shall pay to City a fee equal to five 3.4. For purposes of this Agreement, Goss Revenues do not include:
percent (5%) of the Gross Revenues derived from the provision of COX's Cable Service
Provider Fee. COX will remit the Cable Service Provider Fee pursuant to this Agreement (a) Uncol ectible fees, provided that all or pan of =collectible fees which is written
irrespective of the classifiadon of this service under the Federal Commumiatiom Act. Such off a bad debt but subsequeady collected fen, shall be included in Gross
fees shall be paid to the City within forty -five 45 days after the end of the preceding quarter for Revenues in the period collected.
which payment is made. The provider may designate that portion of the subscriber's bill (1) Discounts, refunds, and ocher price adjustments that reduce the amount of
attributable to any fees imposed pursuant to this Agreement and recover such amount from the compensation received by COX.
subscriber as a separate line item of the bill. The Cable Service Provider Fee shall be in lieu of (0) Amounts billed to cable television subscribers to recover taxes, fees or surcharges
any permit fee or other fee that could otherwise lawfully be imposed by the City on COX in imposed by any governmental authority on the transaction between COX and
connection with work done in the public ROW; however, nothing in this Agreement shall subscribers in connection with the provision of lP Video Services.
restrict the right of the City to impose ad valorem taxer, or other taxes that are lawfully imposed (d) Revenue from the sale of capital assets or surplus equipment.
0050 majority of all other businesses by the City. 4. Public. Educational and Governmental Pmvramming, Upon request, COX shall provide
3.1.1 In the event, the City grants any other video service provider a percentage capacity for the City's public, educational and governmental "PEG programming through
rate for calculating the video fee that is different than the applicable Video Service Provider CDX's Cable Service, including sufficient bandwidth capacity t0 carry one (I) PEG channel
Fee percentage under this Agreement, this Agreement shall, on 60-days wrhtn notice, required by the City.
adjust the applicable Video Service Provider Fce to the different percentage F34) rate given to operation of an PEG access channel by the City shall be the sole
the incumbent provider, provided that such different rate don maximum 4.1. Ao not exceed the maximu Any pe Y Y tY
.,permitted by 47 U. S. C. 542 (b). Notwithstanding the provisions of this section, nothing aoajnsibility of the City, and COX's obligation is limited to the responsibility for the
(herein shall change the definitions of those items included in gross revenues subject to the transmission of such channel. The City will be responsible to ensure that all transmissions,
Video Service fee as defined in this Agreemenk retransmissions, content or programming that may be requested to be transmitted over a channel
or facility by COX in the future, if any, are provided or submitted to COX, at the COX
32. Payment shall be accompanied by a report, in such form and containing sufficient designated connection point, in a manner or foam that is capable of being accepted and
detail to determine COX's compliance with this Section, not Inver than forty -five (45) days after transmitted by COX, without requirement for additional alteration or change in the format or I
the last day of each March, June, September, and December, throughout the tram of this content by COX, over the network of COX, and which is compatible with the technology or
Agreement setting forth the Gross Revenue for the quarter ending on said last day. In the event protocol utilized by COX to deliver Cable Service. The City may use a provider of its own
Nat a Cable Service Provider Fee payment or other sum due is not received by the City on or choosing, including sclf.provisioving, to deliver PEG content to COX's designated connection
before the date due, COX shall pay is addition to the payment, or sum due, =en= from the due point, provided that bandwidth and streaming specifications are followed.
'date at the maximum legal rate of interest set forth in State Law. The City shall have the right o cud PEG
audit any such payment for a period of Four (4) years, and no acceptance of any payment 2. COX shill ent shall provi de City wi th a cap' gran t of Five Thousand and No /100
be deemed final until the period for audit shall have expired. Dollars (55,000.001 at the earlier of such time as COX achieves a 10% market share of the pay
3.3. For pompous 'of this Agreement, Goss Revenuer are limited to amounts billed to
TV subscriber market within City or within one hundred eighty days from the Effective Daze of
this Agreement, whichever comes first. Such grant may be used by the City to support PEG
ad collated from COX Cable Service product subscriber for the following: chapel facilides as allowed by federal law; furthermore, the gran[ shall not be offset, deducted
or chargeable as a credit against Cable Service f payments required by Section 3 of this
(a) Recuniug charges for Cable Service. Agreement.
(b) Event -based charges for Cable Service, including but not limited to pay-per -view upon u
COX shall
4
4.. p written request the City, City Gee of i
and video-on -demand charges. reques by ty, provide the Ci charge one
(c) Rental of rat tap boxes and other Cable Service equipment installation and basic Cable Service to one location (either the City's municipal complex, police
(d) Service charges related to the provision of Cable Service, including, but not station or fire station 4 l), provided that COX's Cable Service is available at such location. COX
limited to, activation, installation, and repair. shall not seek to offset recurring costs associated with the requirements of this Section against
(e) Administrative charges related to the provision of Cable Service, including, but the Cable Service fen due under Section 3.1 of this Agreement.
not Waited to service order and service termination charges.
(0 Cable Service Provider Fees.
(g) Late payment fees.
2 3
Parties may at any time suffer, sustain or incur arising out of, based upon or in any way
connected with COXs negligent construction, operation, or maintenance of its Cable System,
5. Emereenc Message. COX shall tarry all Federal, State and Local spans provided over provided that City shall give COX written notice of its obligation m indemnify City within
the ''Emergency Alert System" through COX's Cable Services in the even[ of a public safety
fifteen (15) days of receipt of a claim or action pursuant to this subsection. Notwithstanding the
emergency, which m a minimum will include thc concurrent rebroadcast of local broadcast foregoing, COX shall not indemnify City for any damages, liability or claims [wilting from the
negligence or willful misconduct of City, its of officers, agars, employees, attorneys, consultants,
[hairnets. negligence contractors or third parties or for any activity or function conducted by any person
6. Customer Service Standards. COX shall comply with the customer service requirements or entity other than COX in connection with PEG programming.
Set forth in 47 C.F.R. Section 76.307(c), as such requirements may be amended from time to 12.3 With respect to COX's indemnity obligations set forth above, COX shall provide
lime. The requirements of 47 C.F.R. 76.309(e) are rat forth in Attachment A to Nis Agreement, the defense of any claims brought against City by selecting counsel of COX's choice to defend
but are intended to be identical to the federal law and shall be deemed automatically amended
the claim, subject to the consent of City, which shall not bc unreasonably withheld. Nothing
should 47 C.F.R. 76,3®(c) bc amended. herein shall be deemed to prevent City from cooperating with COX and participating in the
defense of any litigation by its own counsel at its own cos[ and expense, provided. however, that service y. service Ann. This Agreement shall apply to COX's acmes area within the municipal after consultation with City, COX shall have the right to defend, settle or compromise any claim
boundaries of Van Buren as they exist upon the date of execution of this Agreement and may or action arising hereunder, and COX shall have the authority to decide the appropriateness and
hereafter be extended any vi sible equipment flat COX used the amount of any such senlement N
In the event that the 3. Rem terms of any such senlement do not
include the release of City and CCity does not consent m the terms of any such settlement or
reasonable a mn u rs Uf e re o e from COX m the City will, y ROW y v at the City's request and within a compromise. COX shall not settle the claim or action, but its obligation to indemnify City shall in
exclu sively ay far its Cable See re rvice. mou timemovve fro no event exceed the amount of such settlement
vel
9,. Breach of Ar«mcmt Should either Party claim that a breach of any part of this 13. No un s Any notice to be given under this Agreement shall be in writing and
Agreement has occurred, that Party will provide prompt written notice to the other, specifying the may be delivered to either personally, by facsimile or by certified or registered mail with
nature of the breach; and upon receipt the other party shall cum such breach within sixty (60) postage prepaid and return receipt requested, addressed as follows:
days. Ifto City:
l 0. g_spute Resolution Except es otherwise provided in this Agreement the Parties shall, Mayor, City of Van Buren
prior to any court action, make diligent good faith efforts to resolve all issues and disputes that Mayor,
➢roadway i
arise in the administration of this Agreement through discussions between designated 10 10 0 Buren, Arkansas 72956 nipresentatives of the Parties and use of a mediator when such discussions have failed.
11. N -0' COX shall not deny access 10 its Cable Service to any group of If to COX:
r)otential residential customers because of the income of the residents of the local area in which COX Communications
such group resides. Attention: Vice- President of Government Affairs
12. Card .[ion of Self Insurance and demnifia '.n abli ati is 9015o. George Washington Blvd,
Wichita, KS 67211
12,1 COX is self insured in an amount beyond which the City would normally require
under any insurance policy, including for commercial general liability, automobile liability, and With a coatesy copy to:
Workers' compensation. Therefore, upon written request after the Effective Date of this
Agreement, COX shall furnish a cenificae(s) or statements of self insurance to the City and Cox Communications, Inc.
shall inform the City if the level of self- insurance changes. AM: Government Affairs
1400 Lake Hearn Dr.
Atlanta, GA 30319
12.2 COX agrees to indumtify, defend, and hold humless City, its officers, agents,
and employees Partin from and against any lawsuits, claims, causes or action, 14. Commi'an a Saws. COX shall comply with all applicable federal, state and local laws
a^tions, liabilities, demands, damage, judgments, settlements, disability, losses, eases dunng the term of this Agreement, to the extent such laws apply to COX and to its obligations
(including reasonable attorney's fen and disbursements) and costs, that any of the Indemnified
5
4
ORDINANCE NUMBER 4- 2012 CONTINUED
under this Agreement
the dispute resolution process described in Section 10 of this Agreement.
1 6. Taxes. Nothing contained in this Agreement shall be conslmed m exempt COX's Cable of
Service from any tat, levy or assessment which is or may later be properly 20' pliminator y R
provided any tax, levy or assessment on any COX product is a authorized by law; noncompliance with m mate f ASS' A verified and continuing by simple
le
businesses rovide n the City. P equally applicable m all other of this A y rig Provision ev chid Agreement a M t shall constitute a material breach le
Agreement This Agreement may be revoked, after a full Mac process hewing, by a simple
majority vote of the City Council upon the recommendation of the City, for a material breach of
8. Hooks and Re rd r this Agreement &Ter giving COX at least thury (30) d n otice in writing
Ri h f 1 spedoo d A d' such A g of intention eor unless revoke
geca r e so able such 1 is connected during ur during paned of notice, or toss COX
18.1. COX shall maintain boob of account and re
has vi a reasonable such re to correct the violation me f that time and is unable ray vi to lion a correct
demonstrate that it is in compliance with the obligation t0 carts fees described to enable COX such shall a despite sdcb raomyl me necessary The time for COX to comet o
ad Section 42 of this A Ba pay the fees OX shall hed i& Section in n liability or character be extended to e q i e more the necessary days within thin which violation is of video
COX Inoks and records to demonstrate COX's compliance all other tern of this lA Agreement. nature or chamcmr as m require mart than thirty (}p) tans within which m perform, provided
shall not be required to maintain books and records for compliance grdemcm COX provide writer notice that it requires mom thin Hitt
reement fora P purposes under this and commence the co the action within the Y (30) days to correct such violations
paned longer than the applicable Arkansas Scam Statute of Limitwivns for
contract manors. reasonable diligence to comet the violation. thirty (30) day period and thereafter uses
I R.2. Thc City shall have the right to audit COX, with respect m o 20.1. In addition to all other rights,
mules this 2 Thc Ci within the applicable Arkansas y payment made 'connection with Nis A PJ' otherwise, th erC, or wane es eer t m the City is
rowers. i sbA Ce en pp kansas State Stamm of Lioritadons for contract gec p or a f CO under City s Agreement es the right to te e olttc this
City y re- compute any amounts determined m be payable in satisfaction of the Agreement end r n not and cured n a privileges of COX under Nis Agreement if any of the following
fees described in Section 3 and 4 of this Agreement with respect to COX's Cable Service. An y events shall occur and not be awed in a time)
ed&tinod and valid amount due the City timely maimee
thing (30) days alit COX receive a coin notice u fiom the City. The notiwafidmbyc OX within Substantial failure on more than one occasion m comply with any
ry sends material provision of this Agreement or any other IoW, state, or law or
to COX shall include a copy of the audit report.
18.3. In the event that payment of any valid Re described in Section 3.1 of this regulation of a panne e such a to prevent COX from carrying out ell It of of the terns
of this Agreement fora period of more than one (I) month,
Agreement with respect to Cable Service that has be= recomputed pursuant to Section 18.2
above is rot made on or before the expiration of thirty (30) days following h COX does not pay any weir
City, COX shall be charged and shall B nterest notice by due contributions nme tinned under the A PutW portion of the fee; Paymentq or
date'at the maximum legal rate ofinte st set forth in Stare amount due, interest from the due Agreement Agreement, when due and payable under this
18.4. City acknowledges that some of the records which may be provided by COX may n with this A Any material
be classified 1. as ty 0 knowl or y connectio representation 1 0tion nr y warranty nap w by COX in 8.4 Ci
be asnte proprietary and, thercfort, may subject COX to competitive Agreement shall be false in any material respect when made.
recoi disadvantage if made public. City shall therefore maintain the confidentiality of any and all d. COX stroll violate any other material
ls provided m it by CO X subject, including oo 01 have
confidential ided co e g Tensing with COX u protcWng such condition of Nis q a cmen[ or
by the City tary'nformauon in the event an open records or similar request i s re ceived Agreement and such t o cu e shell not have been corrected,
Y Pursuant to applicable laws. within such reasonable period of time to cure as granted m COX by the City
Pursuant to the provision of this Agreement.
18.5. City and COX acknowledge that W notifications required
.Agieao1 constitute a condition precedent that must be timely required pursuant to this e. COX attempts to evade any of the provisions of this d
any claim or lawsuit arising out of this A Ymet prior either party bringing practices any fraud or deceit upon the City or upon subsedbws- 6rcemem or
grenm t.
19. Form sh u f l f ti Each p 21. Inmcctio vjghrs.
19 available information any shall coopeate to make available or cause to be
requested by the other Party relating m this Agreement and each 21.1. The City shall have Me right m inspect, u pon reasonable prior written notice, and
Parry's obligation under this Amen w the extent such information may be requested in
specific performed by COX of Cable Service per
writing by a Part and is et its expense, all concoction and installation
Y in the possession or the control of the other Parry. Any disputes t its expense,
permit. facilities on the i
construction
rights-of-way
betwttn the Parties a to any htformatioo requester' Pursuant m ddr Section shall h subject m as it shall fwd necessary to ensue compliance with j
a specified permit. Any such inspection shall be solely for the benefit of the City.
6 I
2 I
i
22. Amendment
22.1. This Agreement may be amended or modified only by and The singular shag include the plug; the masculine gender shall include the feminine
executed by both Partin or u otherwise c Y a n c e of instrument condition
coment and neutral gender.
stared herein. provided by law or the occurrence of any
26.3. COX and City shall cooperate fully with one another iu the execution of any and
22 Except a provided below, the Parries agree to consult m the event Nat my nun, all other documents and in the completion of any addition& actions includin& without
agency, cbnimission, legislative body, or other authority f cote limitation, bo ther processing of permits that may be necessary or appropriate m give full farce and
ilit of this Agreement, ry a tent jurisdiction issues a effect b the terms and intent of this A
Y r the City in whole or in part Should grcanrnc
finding thin limits the validity or enforceability
the finding be final, non- appWable and binding upon either the Ciry or COX, this Agreement 26.4. Nothing
shall be dawned modified or birdied to the extent necessary m address the subject of the finding
g contained in this Agreement is intended or shall be construed a creating
unless either Party, within thirty (30) days of receipt of the ruling, a or contorting any rights, benefits or entity or remedies upon, or crewing any obligations of the Panic
other Party of election to terminate, p B. 5 liter m notice m the harem toward any person not a patty to this A
gn_.nrent,
awe, th which co this agreement shall terminate within sir (6) honk herein. unless otherwise expressly set
months or such earlier period an the Parties fai may agree. Where the effect of a finding is
a modification, the Parties shall enter into goad ood faith negotiations to modify this Agreement in 26.5. For
the manner, which best effectuates its overall purposes and the intention of the Parries. Failure purposes of this Agreement
M retmutually reach a mu satirtactory modificative within ninety (90) days of the commencement of "Cable Service" shall have the same meaning as the defmitivn found at 47 U.S.C.
such coons shall entitle either Party to terminate this Agreement on the provision of thirty (30) 522 (6); and
days' smitten notice.
i
23. Assignment. COX may not assign or transfer this Agreement or any interest therein, "Cable System' shall have the same meaning an the def ''tlon found at 47 U.S.C.
without the prior consent of the City, no
which consent shat b 522(]).
delayed. e unrasonably withheld or
j
27. Counteman Fxwution. This Agreernent may be signed in one or more counterparts,
o
23.1. Notwithstanding anything to the contra no consent shall be required, hmvever, each of which shall be deemed an original and all of which together shot/ constitute one and the
for (1) a transfer of an e contrary, quire agreement. SignatureSignature page may be transmitted by facsimile and o
agreement or any interest therein [v n affiliate or (2) a transfer in trust, trust, by facsimile will be r c. signature trenanitransmitted by mortgage, hypothecation, or by assignment of any rights, title or interest of COX in the given the same force and effete a an original signature.
Agreement of the system in order to secure indebtedness. w
IX WITNESS %'HEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of 6 for and 0 against, the foregoing Ordinance
its 212.1 In the event of a transfer of this Agreement the transferee or assignee must a.
in writing, to be Good by the terms of this Agreement subject to applicable law. Breq gularmcting held on the 27'' day of February, 2012
24. Enti A Thus A a
grenent constitutes the entire agreement between Ciry and f
COX with aspect to the subject matter contained herein and supersedes all prior or
Mayor
contemporav�us discussions, agreements, and/or representations of or between City and COX Roy D. Frcem\
regarding the subject matter hereof.
e of Failure on the part of hither Party to any provision of N Agreement
I/ \,1 /is A ATTESTED: APPROt'F1) AS TO t'ORS]'
shall not t b be construed as a waiver of the right to compel el enforcement of such provision or any
all` l N
other provision. 1 t
sl, she '��K /v
26. Miscellaneous. Barbie Curtis Candice A. Seale
City Clerk/Treasurer
City Attorney
26.1. COX and City each hereby warrants That it has the requisite power and authority
to enter iao this Agreement and to perform according to the terms hereof.
COXCO31, 1.1C
26.2. The headings used in Nis Agreement are Insetted for convenience or reference
only and ae nut intended to define, limit or affect the interpretation of any term or provision B y'
Name: Jay Although
g Title: Vice President, Government Public Affairs
9
ORDINANCE NUMBER 4-2012 CONTINUED
d. COX may not cancel an appoinmcnt with a customer after the close
ATTACHMENT A of business on the business day prior to the scheduled appointment
Customer Service Standards as described in Section 6 of the Agreement e. If a COX representative is running Tate for an appointment with a
customer and will not be able to keep the appointment as scheduled, the customer
6.1. COX will maintain a local, toll -free or collect call telephone access inc that will be contacted. The appointment will be rescheduled. as necessary, at a time that
will be available to subscribers to its Cable Services twenty -four (24) hours a day, seven is convenient for the customer.
days a week. Trained COX representatives will be available to respond to customer
telephone inquiries during normal business horns. After normal business hours, the access 6.6. Refund checks will be issued promptly, but no later than either (i) the
line may be answered by a service or an automated response system, including an answering customer's next billing cycle following resolution of the request or thirty (30) days.
machine. Inquiries received after normal business hours must be responded to by a trained whichever is earlier, or (ii) the return of the equipment supplied by COX if service is
company representative on the next business day, except for service interruptions terminated.
62. Under normal operating conditions, telephone answer time by a customer 6 .7. Credits for service will be issued no later than the customer's next billing
representative, including wait time, shall not exceed thirty (30) seconds when the cycle following the determination that a credit is warranted.
connection is made. If the call needs to be transferred, transfer time shall not exceed thirty 6.8. The following defw'tions shall apply to the terms listed below, as such terms (30) seconds. These standards shall ti
l be met no less than ninety (90) percent of the me 8 pP y.
under nomml operating conditions, measured on a quarterly basis. COX will not be required are used in Section 6 of the Agreement:
to acquire equipment or perform surveys to measure compliance with the telephone a "Normal business hours" means those hums during which most
answering a c fa
clear il described
to mp in this $ectien unless an historical record of complaints similar businesses in the City are open to serve customers. In all cases, "normal
indicates a darn failure to comply. business hour" must include some evening hours at least one night per week and/or
6.3. Under normal operating conditions, an COX customer will receive a busy some weekend hours.
signal lass than three (3) percent of the time. b. "Noma] operating conditions" means those service conditions that
6.4. COX asstomer service center and bill payment locations will be open at least are within One control of COX. Those conditions that are not within the control of
during normal busses hours and will be conveniently located. COX include, but are not limited to, natural distoters, civil disturbances, power
outages, telephone network outages and severe or unusual weather conditions.
6.5. Under normal operating conditions, each of the following four standards lluvse conditions that are ordinarily within the control of COX include, but are not
related to installations, outages and service calls will be met no less than ninety-five (95) limited to, special promotions, pay per -view evens, rate increases, ragolar peak or
percent of the time measured on a quarterly basis: seasonal demand periods and maintenance or unmade of the Cable System.
a. Standard installations will be performed within seven (7) business c. "Service interruption," means the loss of picture or sound on one or
days after an order has been placed. "Standard" installations are those that are more Cable Service channels.
located up to one hundred twenty-five (125) feet from the existing distribution
system
b. Excluding conditions beyond the control of COX, COX will begin
working on "service interventions" promptly and in no event later than twenty-four
(24) lours after the interruption becomes known. COX mart begin actions to
correct other service problems the next business day after notification of the service
problem.
c. The "appointment window" alternatives for installations, service
calls, and other installation activities will be either a specific time or, at maximum, a
four -hour time block during normal business hours. (COX may schedule service
calls and other installation activities outside of normal business hours for the express
convenience of the customer.)
On the agenda next was to consider A RESOLUTION TO AUTHORIZE THE
MAYOR AND CITY CLERK TO REMOVE AND DISPOSE OF CERTAIN FIXED
ASSETS FROM THE CITY OF VAN BUREN'S FIXED ASSET INVENTORY, BY
SEALED BID, AUCTION OR OTHER METHODS AUTHORIZED UNDER THE LAW,
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 Swaim, Parker, Moore, Ragsdale, Dodd and Sagely.
Nays none.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which
was attested by the City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 2 -1 -2012
CI'T'Y OF VAN BURFN, ARKANSAS
RESOLUTION NO. Ln -2012
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION TO AUTHORIZE THE MAYOR AND CITY
CLERK TO REMOVE AND DISPOSE OF CERTAIN FIXED
ASSETS FROM TILE CITY OF VAN BOREN'S FECEO ASSET
INVENTORY, BV SEALED BID, AUCTION OR OTHER
3IETHODS AUTHORIZED UNDER TIIE LAW, AND FOR
OTHER PURPOSES.
WHEREAS, the City of Van Buren has certain fixed assets on its Fixed Asset inventory list which
are elmlete, and/or beyond repair, and are no longer cost effective, so as to no longer be
needed by the City, and
WHEREAS, after an inventory of Fixed Assets, it is therefore recommended by our State Auditor
that said items or item be removed from the City's Fixed Asset Inventory and
disposed of by sealed bid, auction or as othmsise authorized under Ae law.
NOW, THEREFORE, BE IT RESOLVED BVTTIE CI'IT COUNCIL OF VAN BUREN,
ARKANSAS, THAT:
SECTION 1: The Mayor and City Clerk are hereby authorized to remove the following asset or
assets from the Fixed Asset Inventory and to dispose of same by sealed bid, auction or
other such methods authorized tat the law
Department Amount Description nfinventnry Control 11
Street Department 520,825.00 1990 Chevy Dump Truck ST -35
S/N 1GBI7IIIP4IJ203132
Street Department 55,890.00 PSHM-10 Henderson Spreader ST -30
S/N 9952
Street Department 57788.31 Good roads Snow Plow ST -I 57
S/N 6248 -11 -98
Fire Department 319,152.00 1997 Ford Crown Victoria FD1-329
VIN#FALP7I W3VX161395
IN WITNESS %%HEREOF, the City of Van Buren, Aransas by its City Council, did
pass, approve, atd adopt, by a vote of A2 for and a. the foregoing Resoluion at its
regular meeting held on the 27 day of February, 2012
Ibb
RoF ti1.4�
Mayor
A'171 :STEM AP V -D AS OF'O VI:
Barbie Curtis Candice A. Settle
City ClerbTreuurer City Attorney
On the agenda next was to consider A RESOLUTION ACCEPTING THE BID OF
GOODWIN GOODWIN, INC., FOR THE SOUTHSIDE DRAINAGE
IMPROVEMENT PROJECT, AND FOR OTHER PURPOSES. The Clerk read the
Resolution in its entirety. Mayor Freeman asked if there was any discussion. There was none.
Alderman Swaim seconded by Alderman Parker moved that the Resolution be adopted. On the
Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore,
Ragsdale, Dodd and Sagely. Nays none.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which
was attested by the City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 2 -2 -2012
CITY 01? VAN BUREN, ARKANSAS
RESOLUTION NO. 2012
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION ACCEPTING THE. BID OE GOODWIN
GOODWLN, INC., FOR THE SOUTHSIDE DRA,LNAGE
IMPROVEMENT PROJECT, AND FOR OTHER
PURPOSES.
WHEREAS, the City of Van Buren has advertised for bids for the Southside Drainage
Improvement Project; and
WHEREAS, bids have been received and opened in accordance with Arkansas law and
Goodwin Goodwin, Inc., was the lowest bidder meeting the bid
specifications; and
WHEREAS, the City of Van Buren has determined that the bid of Goodwin Goodwin, Inc.,
is the best bid.
NOW, THEREFORE, BE IT RESOLVED BY TILE CITY COUNCIL
OF VAN BUREN, ARKANSAS, THAT:
SECTION 1: The City of Van Buren, Arkansas accepts the bid of 239,118.00 as
submitted by Goodwin Goodwin, 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 relating to the Southside Drainage
Improvement Project and to execute all documents necessary to effectuate the
agreement.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council,
did pass, approve, and adopt, by a vote of for and 0 against, the foregoing Resolution
at its regular meeting held on the 27 day of February,
Robert D. Frees
Mayor
ATTESTED: APL'ROe AS TO FORM:
tfiLLL, [tan
Barbie Curtis dice A. Settle
City Clerk/Treasurer City Attorney
On the agenda next was to consider A RESOLUTION ADOPTING A REVISED
BUDGET FOR THE YEAR ENDING DECEMBER 31, 2011. The Clerk read the Resolution
in part. 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 Swaim, Parker, Moore, Ragsdale, Dodd
and Sagely. Nays none.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which
was attested by the City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 2 -3 -2012
CITY OF VAN BUREN, ARKANSAS THAT, Transfers from the LOPFI Fund to General Fund in the
amount of $280,000.00 (Two Hundred Eighty Thousand Dollars) are
RESOLUTION NO. a. -3 2012 approved; and
THAT, Transfers from the City of Van Buren Energy Grant 2010
A RESOLUTION ADOPTING A REVISED BUDGET FOR THE YEAR to the General Fund in the amount of $174,116.35(One Hundred
ENDING DECEMBER 31, 2011. Seventy -Four Thousand, One Hundred Sixteen Dollars and Thirty -Five
Cents) are approved; and
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN
BUREN, REN, ARKANSAS: THAT, Transfers from the Fire Department Safer Grants Fund to
the General Fund in the amount of $180,730.90 (One Hundred Eighty
THAT, 2011 Current year's revenues of $15,508,014.26 (Fifteen Thousand, Seven Hundred Thirty Dollars and Ninety Cents) are
Million, Five Hundred Eight Thousand, Fourteen Dollars and Twenty- approved; and
Six Cents) are appropriated and a copy of said Budget is attached
hereto and made a part hereof; THAT, 2011 Current year's expenditures of $18,357,344.62
(Eighteen Million, Three Hundred Fifty -Seven Thousand, Three
THAT, Transfers from General Fund to the Municipal Judge and Hundred Forty -Four Dollars and Sixty -Two Cents) including
Court Clerk Retirement in the amount of 513,752.24 (Thirteen expenditures from prior year's balances are appropriated as follows:
Thousand, Seven Hundred Fifty -Two Dollars and Twenty-Four Cents)
arc approved; and
General Fund 514,217,072.84 (which include Capital
THAT, Transfers from General Fund to the Street Fund in the Improvements Money in the amount of $3,778,433.40 (Three Million,
amount of $1,051,153.41 (One Million, Fifty -One Thousand, One Seven Hundred Seventy-Eight Thousand, Four Hundred Thirty -Three
Hundred -Fifty -Three Dollars and Forty -One Cents) are approved; and Dollars and Forty Cents) (Administration 55,478.72; Levee
515,909.60; Street Department (In House) 5131,140.37, (Street and
THAT, Transfers from General Fund to the Sidewalk Drainage) 5975, 514.13; Water and Sewer $240,000.00; Rena Road I
Construction Fund in the amount of 57,520.94 (Seven Thousand, Five 51,718,764.13; Parks Recreation 5192,309.27; Senior Inn
Huridred Twenty Dollars and Ninety-Four Cents) are approved; and 58,597.27; Intermodal Port Expenses $26,000.00; Energy Grant
$406,777.87; Library 541,362.04; Cemetery 512,000.00; King Opera
THAT, Transfers from General Fund to the LOPFI Fund in the House 54,580.00);
amount of 5313.60 (Three Hundred Thirteen Dollars and Sixty Cents) Municipal Judge Court Clerk Ret. Fund $23,740.29;
are approved; and Street Fund 51,745,436.71;
Federal Forfeiture 59,414.22;
THAT, Transfers from General Fund to the King Opera House Library Sales Tax 5638,398.38;
Fund in the amount of 510,865.00 (Ten Thousand, Eight Hundred Sidewalk Construction Fund 576,210.93;
Sixty -Five Dollars) are approved; and LOPFI Fund 5834,268.10;
Flood Drainage Ike 2 $13.50;
THAT, Transfers from the Street Department Fund to General ACEDP Grant #790-0837 -05) $1,465.81;
Fund in the amount of 553,685.81 (Fifty -Three Thousand, Six Hundred ACEDP Grant #790 08470 -06) 5378,270.63;
Eighty -Five Dollars and Eighty -One Cents) are approved; and ACEDP CGB #790- 08559 -08) $3,631.29;
VB Energy Grant $174,116.35;
ACEDP Drainage Project 545,961.24;
VB SAFER Grant (Fire Dept.) 5180,730.90;
King Opera House Fund $22,326.78;
Rena Road East 56,286.65; and
THAT, all expenditures are approved and a copy of the Revised
Budget is attached hereto and made a part hereof.
PASSED AND APPROVED THIS or/ DAY OF FEBRUARY. 2012.
r
t>rl�uuT:71
A ESTED:
CITY CLERK TREASURER
On the agenda next was to consider A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF VAN BUREN URGING THE DEPARTMENT OF THE AIR FORCE
THE DEPARTMENT OF DEFENSE TO RETAIN THE 188 FIGHTER WING IN
FORT SMITH, 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
Moore moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote
resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale, Dodd and Sagely. Nays none.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which
was attested by the City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 2 -4 -2012
Developin art avionics solution for Air Force -wide problems with A -10's, earning the
CITY OF VAN BUREN, ARKANSAS designation as the only unit anthorved to do repairs outside the standard repair parameters,
saving more than 11.5 million annually;
RESOLUTION NO. L- -2012
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, I Nan a 2,700 month after completing con e to A- ;0 mission tasking assignment s.
A RESOLUTION TO BE ENTITLED:
WTD;RFS C, the 188 Fighter Wing operates as the most efficient and cost -effective fighter wing in
A RESOLUTION OF TILE CITY COUNCIL OF RIE CITY OF the nation, with the following attributes:
VAN BUREN URGING THE DEPARTMENT OF TIIE AIR
FORCE TEE DEPARTMENT OF DEFENSE TO RETAIN THE Razorback Range, where pilots practice, is approximately 5 minutes off the ramp at Ebbing Air
l88 FIGHTER WING N FORT, SMITR, ARKANSAS. National Guard base, providing maximum flying time for mining and
A bridged Hog and Shirley M'
WHEREAS, the 188 Fighter Wing, Arkansas Air National d Ebbing g National Oh cOpenung Areau O above an ewkm se ntexer
Guard Base in Fort Smith, Arkansas, plays an mpon t thedefense four nation other Forests
AirForce and ground a free enb and essimmnenal issues; and
having, having, in the past 6 years, deployed twice for Expeditionary Combat Support for
Operations Enduring Freedom and Iraqi Freedom, as well a other contingency WHEREAS, the economic impact of the 188 Fighter Wing on the Fort Smith community h in =CM operations worldwide; and of 5150 million =ally; and
WHEREAS, during the summer of 2005, the region rallied with We l88 Fighter Wing when the WHEREAS, the Greater Fort Smith Region is consistently in the top 5 metropolitan statistical areas
Pentagon recommended through n Base Closure and Realignment Commission (BRAC) with low costs of doing business; and
action that the Arkansas Air National Guard unit be snipped of its dying mission; and
WHEREAS, the unit's unique and =matched amibuta ie. ran WTIEREAS, the 188 Fighter Wing u the lowest cost fighter wing in the United Sates Air Forte with
range, airspace, joint form training unsurpassed airspace and training facilities.
capabilities, coseffctivenes -and stellar performance record since is inception in
1953, along with assistance from loess, state, and federal elected officials and private NOW,TREREFORE, BE IT RESOLVED BY THE CITY COUNCII. OF THE CITY OF
entities compelled the 2005 BRAG commissioners to rake unprecedented action and VAN BUREN, ARKANSAS, THAT:
award a new Flying mission to the 188 Fighter Wing known as the "Flying
Razorbacks: and The Department of Defense, the Department of the AU Force, and the National Guard Bureau
exercise soundjudgmem on behalf of our nation' s defense and maintain fighters an the ramp at the 18e
WHEREAS, members of the 188 Figher Wing are preparing for a With combat deployment in 7 Fighter Wing and utilize the unique attributes range, airspace, joint forces capabilities, and cost-
years with two different weapons platforms and for the second time in those 3 effectiveness; and
deployments, are faced with not knowing if they'll have ajob when they return; and
Secretary of Defense Leon Panetta and his staff are hereby formally invited to visit the City of
WHEREAS, the 188 Fighter Wing recently was awarded the United Styes Air Fortis second Fort Smith and the 1 g8 Fighter Wing prior to We unit's deployment this spring.
highest mit award the Aix Force Outstanding Unit Award (AFOOA) -for its
performance during the period of October 1, 2000 to September 30, 2010 by LS WITNESS WHEREOF, the City of Von Buren, Arkansas, by its City Council, did pass,
Completing the weapom system conversions from F -I6s through twose .vale A- approve, and adopt by a vote of for and 0 against, Ea g Resolution at its meeting hard on
II "Warthog" upgrades ahead of schedule; P 10 Thunderbolt the 27 day of February, 2012
et. a
Maintaining mission irunefun August 2009 National 0emgc and Rob rt D
achieving the highest A-10 -10 u United We AN from AUglas through
G from 2009 July Uly 2010; Mayor
Acing an Air Combat Command Unit Complianw Inspection in 2009, with an overall mark of
99.4 percent; ATTESTED: D AS TO FORM:
Earning We coveted Patriot Team Award an floc Air National Guard's top national rtemiting
°Mee;
BarbieBarbie Clans Settle
City Clerk/Treasurer City Attorney
Next on the agenda was the Financial Statement. Motion was made by Alderman Swaim
and seconded by Alderman Ragsdale to appropriate the sum of $1,371,557.75 to pay expenses
and salaries for January 2012, presented by the City Clerk. The Council followed with a
unanimous vote.
2 02-2012 1 0 0 2 A Y C I T Y O F V A N B U R E N PAGE: 1
TRIAL 9ALWCE
AS or JANUARY 31ST, 2012 "--2,-----..„
t
SD General Fund
MONTX TO 0.4TE YEAR FO DATE
ACCT9 ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS
I
l ASSETS
I 1000 Petty Cash 0.00 200.00
1020 Cash in Bank 52,110.90 215,205.22
1020.03 Cash In Dank- ASP's&Woloa I: rt Gra 0.00 0.00
S 1020.04 Veterans' Memorial -Act 934 0.00 118,923.30
i 1020.05 2009 Byrne Recovery Grant 0.00 0.00 9 6 3 5 1 2 4 0
1020.06 2009 Byrne Grant 0.00 120.00 2 0 6 1 8
1020.07 2007 Byrne Grant 3,500.00 3,500.00 1 4 0 7 4 8 '7 5
1020.09 Cash in Bank- Storm Damage 0.00 0.00
1 1020.09 District Gout Grant Mediation 0.00 25.00 215 99+
4 1020.10 Cash :n Bank XDC 0.00 1,791.64 7 3 G i 1 6
6 1020.11 Cash in Bank -KV9B 0.00 0.00 1 90 4 6 3. 06
el 1020.12 Emergency Management Fund 0.00 14,460.09 1 4 2 1 5 8
3 1020.13 Cash In Bank -ACT 833 6,624.59 54,126.06
i tom
t 1020 :14 Court Auation Diatrlct 1,642.50 82,663.96 8 28+
1020.15 Cash In Bank -ACT 1314 0.00 0.00 008
91 1020.16 AR Dept of Rural Services 0.00 0.00 1 3 7 1 5 5 7 7 5 i
li 1020.11 e4eu Police Dept 0.00 35,000.00
1 1020.10 Cash in Bank PD Co Tax 13,509.21 61,089.36
li 1020.19 Cash in Bank FD Co Tax 17,070.96 111,878.40
1 1020.20 Cash In Bank Erosion Control 75.00 9,125.00
1020.27 Cash in Bank Levee 0.00 6,995.26
1020.28 Marina Repairs 0.00 12,095.00
1020.31' Cash In Bank Parks t ROC 686.00 40,163.82
1 1020.32 GIF -Parks 0 Recreation 0.00 0.00
1 1020.33 Cash in Dank -Yard Waste 4,210.95 64,162.56
3 1020.51 Cash in Bank Cemetery 40.74 2,657.91
1020.91 Cash in Bank Cap Imp 223,188.01 353,827.84
1 0040 Investments 0.00 251,919.39 1,4
;j 1040.10 Investments Sales Tax City 0.00 0.00
1.`. 1040.19 IPVeatmenbl PD Co Tax 0.00 0.00
1 :040.19 Investments FD Co Tax 0.00 0.00 t
1040.,7 Investments Levee 0.00 0.00 IL
1040.31 Invee cmen ca Barka s ROC 0.00 0.00
q 1040.51 Investments Cemetery 0.00 30,152.59
il 1040.91 Investments Cap loop 696.59 1,019,269.85
U 0.00
r 1050 Fixed Assets 0.00
1051 Accumulated Depreciation 0.00 0.00
1504 Due from Payroll 0.00 0.00
Fl 1505 Due From Other Funds 0.00 0.00
IF 1520 Due from Street Fund 3.694.77 3,712.48
:1 1540 Due Fron Library Fund 0.00 0
LIABILITIES AND FUND CVJ3CE
2000 Accounts Payable 100.00 0'00
2010 Municipal Realty Ins. Payable 0.00 0.00
5'1 2030 Colon lal Life Payable 0.00 0.00
I
I
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. Mayor Freeman
announced that Keep Van Buren Beautiful won the National President's Circle Award. We were
only one of six in the state to receive that award. Mayor Freeman asked the council if there was
any objection to moving the March council meeting out of spring break week. They decided to
meet as regularly scheduled.
Alderman Donna Parker thanked Mayor Freeman for the State of the City report.
Mayor Freeman thanked the Police Department for their work during the tragedies our
city has recently endured. Also, an announcement was made that the Police Department Awards
ceremony is tomorrow from 12 -1 at North Park Baptist Church.
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 8:20 p.m.
ATTESTED: A PROVED:
(,leit 1
CITY CLERK TREASURER M YOR