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04 April 2012 Regular MINUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING APRIL 16, 2012 The City Council of the City of Van Buren, Arkansas met at 7:00 p.m. Monday, April 16, 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 Joe Hurst, Van Buren City Planner. Next, Mayor Freeman led the Pledge of Allegiance. On the agenda next, Mayor Freeman asked to adopt the minutes of the Council Meeting on March 19, 2012. 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, Dodd, Sagely, Swaim and Parker. The following voted nay: none. On the agenda next was to consider A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO ADVERTISE FOR BIDS FOR PROPERTY INSURANCE. 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 Moore, Ragsdale, Dodd, 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 4-1 -2012 CITY OF 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 AUTHORIZING AND DIRECTING THE MAYOR TO ADVERTISE FOR BIDS FOR PROPERTY INSURANCE. WHEREAS, The Mayor of Van Buren needs to advertise for bids on Property Insurance, which expires June 17, 2012. NOW, THEREFORE, BE FT RESOLVED BY THE CITY COUNCIL OF VAIN BUREN, ARKANSAS, THAT: Section 1: The Mayor is authorized and directed to cause to be drafted a list of needed insurance. Section 2: After said list is prepared and incorporated into a Notice to Bidders, the the Mayor's office is authorized and directed to advertise for bids for said insurance. IN WITNESS WHEREOF, the �City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of Kn for and 0 against, the foregoing Resolution at its meeting held on the day of April 2012. JaikA I Rome "1. Fr Mayor ATTESTED: 'PRO?F.D AS TO FORM: Barbie Curtis andice Ir' lir City Clerk/Treasurer City Attorney On the agenda next was to consider A RESOLUTION ACCEPTING THE BH) OF MOORE CONTRACTING COMPANY, INC., FOR THE 2012 STREET 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 Ragsdale moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Moore, Ragsdale, Dodd, Sagely Swains 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 4 -2 -2012 CITY OF 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 OF MOORE CON'T'RACTING COMPANY, INC., FOR THE 2012 STREET IMPROVEMENT PROJECT, AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren has advertised for bids for the 2012 Street Improvement Project; and WHEREAS, bids have been received and opened in accordance with Arkansas law and Moore Contracting Company, Inc., was the lowest bidder meeting the bid specifications; and WHEREAS, the City of Van Buren has determined that the bid of Moore Contracting Company, Inc., is the best bid. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS THAT: SECTION 1: The City of Van Buren, Arkansas accepts the bid of S 630,133.80 as submitted by Moore Contracting Company, Inc., as set forth in 'Exhibit 1" attached hereto; and SECTION 2: The Mayor and City Clerk are hereby authorized by the City Council for the City of Van Buren to pay all expenses relating to the 2012 Street 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 (O for and (2_ against, the foregoing Resolution at its regular meeting held on the 16 day of April, 201 Robert D. F Mayor ATTESTED: APPROVED AS TO FORM: Barbie Curtis Candice A. Settle City Clerk/Treasurer City Attorney 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. Mayor Freeman mentioned that the plan is to upgrade to a newer skid loader and use the current skid loader as a trade in. 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, Dodd, 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 4 -3 -2012 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 1 -3 -2012 BE IT ENACTED BY THE CITY COUNCIL, FOR TEL CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO 135 ENTITLED: 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. WHEREAS, the City of Van Buren has certain fixed assets on its Fixed Asset inventory list which are obsolete, 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 otherwise authorized under Arkansas law. NOW, THEREFORE, BE If RESOLVED BY TILE CITY 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 under the law: Department Amount Description of Inventory Control t Street Dept 538,572.15 Bobcat T650 Skid Loader ST -265 SRN A3P011157 Street Dept 54,142.88 90" Dozer Blade ST -270 SRN 231912661 Street Dept $37,304.31 2001 Crafeo Crack Sealer ST -198 S/N 1C9SV122511418020 Police Dept 5 7,977.00 Canon IR3300 Copier PD -558 S/N MR1150957 IN WI'VNESS 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 16 of Apri12012. Robert D. Freeman 551 1 :V... Mayor AT "ESTED; s t P [OVED A 0 FORM: Barbie Curtis Ri C�ritiiceA. Seal City Clerk'Treasurer City Attorney On the agenda next was to consider A RESOLUTION AMENDING RESOLUTION NO. 6 -4 -2010 AUTHORIZING THE MAYOR TO ENTER INTO A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF VAN BUREN, ARKANSAS AND THE CITY OF FORT SMITH, ARKANSAS FOR USE AND ACCESS TO THE MOBILE DATA COMPUTER SYSTEA'I, 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 Moore, Ragsdale, Dodd, 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 4 -4 -2012 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. �4 4 2012 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION AMENDING RESOLUTION NO. 6 -4 -2010 AUTHORIZING THE MAYOR TO ENTER INTO A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF VAN BUREN, ARKANSAS AND THE CITY OF FORT SMITH, ARKANSAS FOR USE AND ACCESS TO THE MOBILE DATA COMPUTER SYSTEM. WHEREAS, the Fort Smith Police Department and Van Buren Police Department entered into A Memorandum of Understanding "agreement concerning use of Mobile Data Computers connected to the Fort Smith Police Mobile Data network in June 2010; and WHEREAS, both parties wish to amend the agreement, a copy of which is attached hereto as Exhibit "A NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS, THAT: SECTION 1: The City Council for the City of Van Buren hereby authorizes the Mayor to enter into and execute the amended Memorandum of Understanding between the City of Fort Smith, Arkansas and the City of Van Buren, Arkansas. SECTION 2: The Mayor and City Clerk are further authorized to expend and make all payments provided for by the adoption of the Agreement and to execute all documents necessary to effectuate and enforce said Agreement. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of (.z for and against, the foregoing Resolution at its meeting held on the 16'f day of April 2012. Robert D. Fr- Mayor ATTESTED: APPROVED AS TO FORM: C TE Gx Barbie Curtis Candice A. Settle City Cleric/Treasurer City Attorney On the agenda next was to consider AN ORDINANCE APPROVING THE PURCHASE OF THE ASSETS OF DORA RURAL WATER USERS ASSOCIATION INC.; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. The Clerk read the Ordinance in its entirety. Alderman Swaim moved that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Alderman Parker. The council followed with a unanimous vote. The Clerk then read the Ordinance the second time. Alderman Swaim moved that the rules be further suspended and the Ordinance placed on the third and final reading. The motion was seconded by Alderman Dodd. The council followed with a unanimous vote. The Clerk then read the Ordinance the third and final time. The Mayor asked if there was any discussion. 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, Dodd, Sagely, Swaim and Parker. The Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage. Motion was made by Alderman Swaim and seconded by Alderman Ragsdale, that the emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Moore, Ragsdale, Dodd, 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 5 -2012 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. 5 -2012 BE TT LNACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, AN ORDINANCE TO BII ENTITLED: AN ORDINANCE APPROVING THE PURCHASE OF TILE ASSETS OF DORA RURAL WATER USERS ASSOCIATION INC.; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. WHEREAS, the Dora Rural Water Users Association Inc. owns and npemtes a water distribution system principally situated adjacent to the water distribution system and corporate boundary of the City of Van Buren, Arkansas; and WHEREAS, the Dora Rural Water Users Association Inc. and the City of Van Buren presently have an existing water contract and maintenance agreement whereby the Ciry, through its Van Buren Municipal Utilities, sells water m, and provides maintenance Inc the water system of the said Association, and WHEREAS, the Dora Rural Water Users Association Inc. desires to sell its assets to the City of Van Buren, and the duly appointed Van Breen Municipal Utilities Commission has expressed its desire, by Resolution dated April 11, 2012, to purchase said assets subject to the approval ofthe Van Buren City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION The The Van Buren Municipal Utilities Commission has negotiated a proposed Agreement with the Dora Rural Water Users Association Inc. to purchase the assets of the Association for the approximate sum of S167,600.00, said sum representing the remaining loan indebtedness to the US Department of Agriculture, Rural Development Administration, said loan being presently secured by the subject assets, and the purchase shall be subject to said indebtedness being satisfied forthwith by the Association upon payment of the aforesaid sum. The Commission is hereby authorized to enter into said Agreement. SECTION 2: The Association has expressed the need for this sale and purchase to occur forthwith due to its present and special circumstances; therefore, an emergency is hereby declared to exist and this Ordinance shall take full force and effect upon its passage. IN WITNESS R'IIEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of4 for and Q against, th .regoing Ordinance at its regular meeting held on the 16 day of April 2012. 1111 Wa_'.anthd"---- Robert D. Freeman Mayor ATT N STED: 'PROVED AS TO FORM: Barbie Curtis CanTca� °sae Cit ClrrloTreasurer City Attorney 1 On the agenda next was to consider AN ORDINANCE PROVIDING FOR THE LEVY OF A ONE -HALF OF ONE PERCENT (0.50%) SALES AND USE TAX WITHIN THE CITY OF VAN BUREN, ARKANSAS; AND PRESCRIBING OTHER MATTERS PERTAINING THERETO. 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 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 introduced Shep Russell with Friday, Eldredge Clark which is the bond counsel, as well as, Kevin Faught with Stephens Company which is the bond underwriter. 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 Moore, Ragsdale, Dodd, Sagely, Swaim and Parker. 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 6 -2012 ORDINANCE NO -2012 WHEREAS, the City Coun charges of the State (ilk- Section 5. This Ordinance AN.ARDINANCE PROVID- cil has, proposed the levy kansas and required re- sh no tak effect unt ING FOR THE LEVY OF A of ail additional citywide bates shall be used for the is held on the ONE HALF OF ONE -PER -I sales and use tax the following (a): to pay and question, of- levying the CENT (0,50 SALES AND, raterat 0.50 under, the. secure the repayment of Sales and Use 'Tax at USE TAX WITHIN ;:THEI authority -of the Authoriz- bonds approved by the which a majority of .the CITY OF VAN BUREN AR ing'Legislation the net col- voters and issued by the electors voting on the KANSAS; AND PRESCRIB lections'of which will be City from time to:time to question shall have ap- ING" 'OTHER MATTERS used for the` purposes; de finance capital improve- proved the .levy of the PERTAINING THERETa scribed above;.rj? meets- (b) for._ fire police Sales and Use Tax. WHEREAS the City, Coun-;.; NOW „THEREFORE BE IT and. others emergency PASSED Aprd 16 2012,: cil of the City .of. Van Bu 'ORDAINED by the' City services purposes' (c) for Approved;-. Robert,., Free.- ren Arkansas (the "City Council of the City of Van ark and recreation p recreational pur- man, Mayor hasdetermmed teat there Buren Arkansas:. posesa and (d) for'. eco- Attest: Barbie Curtis City is` ar need fora source of Section: 1. ,Under; the nomicy. development: pur- Clerk revenue to be used for the authority of the Authoriz- poses The levy of the Published in the April 18,. following (a) ing Legislation there' is Sales and Use -Tax is not 2012 issue of the Press Ar -1 secrire_[he repayment heeby levied a 0.50% tax dependent on any: ponds gus- Courier bond approved' by the on the 'grilse receipts from beings approved: or issued voters and ism the the; sale at- ,retail within and,_if,no bonds are ap- City from time to. time to the City, of all items which proved' and issued the net finance capital ,improve- are subject to the Arkan co of the Sales meets (b) for fire, police, sas''Grpss Receipts. Act of and Use Tax will only be and'.' other emergency 1941 as' amended (A.C.A used for the purposes de- services purposes, (c) for 26 -52 -101, et seq) and the scribed, in clau (b) (c) park and recreational pur- imposition of an excise or) and (d) above.,: poses and (d),.for eco- use tax on the storage use Section 3- The Sales and nornic development pur •ditribution dr 6thcr con' Use Tax shall'Ad levied poses; and suthption within the City and collected on the gross' WHEREAS, Title 26, Chap- of tangible personal prop- receipts gross.proceeds or ter. 75,, Subchapter 2, of erty,subject to the Arkan- sales price in the maxi the Arkansas Code of 1987 sas Compensating Tax Act mum amount. .allowed Annotated (the "Authoriz- of 1949, as' amended from time to time under ing provides '(A1C.A[26 -53 -101, et seq), Arkansas lav,".subject to forth¢ levy of a city wide at a rate of 0.5090 of the rebates and limitations as sales and use tax at, the sale price of the property required for certain single rate. of.- 0.125 0.25 or in the case of leases or transactions as from time 0.5 %;:0.75 or 196, or rentals of the lease or to time required by Arkan- any combination thereof; rental- price (collectively, sas statutes. i and the "Sales and Use Tax Section 4. All ordinances WHEREAS, the City is cur- Section 2. -The Sales and and parts thereof in con- rently levying a one per- Use Tax shall be levied flict herewith are hereby cent (1 sales and use ail the`net collections re repealed to the' extent of tax under the authority of 'ceived after deduction of such conflict. the Authorizing Legisla- the administrative Lion; and On the agenda next was to consider AN ORDINANCE CALLING A SPECIAL ELECTION IN THE CITY OF VAN BUREiN, ARKANSAS ON THE. QUESTION OF LEVYING A CITY -WIDE ONE -HALF OF ONE PERCENT (0.50 SALES AND USE TAX; AND PRESCRIBING OTHER MATTERS PERTAINING THERETO. 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 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, Dodd, Sagely, Swaim and Parker. 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. ORDINANCE NO 7 -2012 AN ORDINANCE CALLING THE ORDINANCE WAS GIVEN THE NUMBER 7 -2012 A SPECIAL` ELECTION IN THE City O F VAN BUREN following (a) to pay and prior to the election date ARKANSAS::. ON;''THE secure the repayment of and b given to the Craw QUESTION OF LEVYING A bonds, approved by the ford County Board of Elec. CITY. WIDE ONE -HALF OF voters and issued by the tion Commissioners so ONE.: PERCENT (0.50 City froma time to time to that the 'necessary-elec- SALES AND USE TAX; AND finance capital improve- Lion officials and supplies PRESCRIBING=.) OTHER ments (b) for police fire 1 may be provided. A certi- MATTERS„_, PERTAINING and other, emergency Pied copy of this Ordi- THERETQ services purposes (c) for nance shall also be pro WHEREAS, the City Coin- park and recreational pur- 1 vided to: the Commis .cil of. the,City of Van -BU- poses anda (d) 'for eco- sioner of Revenues of the ren Arkansas (the "City nornic .development, pur- State of Arkansas as soon has Passed' on April 16, poses. The levy, of the tax as practical. 2012 Ordinance V. No- is not dependent on any Section 6. The Mayor and '6 2012 (the. ;'Ta)(Ordi- bands being abpro'ed 'r i City Clerk for and on be- nancenrproviding for the issued and if no bonds are 1 half of the City are hereby levy of a0.50% sales and approved and issued the I authorized and directed to use fax within the City net collections of collections tax do any and all things nec- (the Sales and UseTax will only .tie used for the essary to call and hold the purposes described in special election as herein WHEREAS, the purpose of clauses b c; and d above. 1 provided and if the levy of this Ordinance is to. ca_II a FOR i the Sales and Use Tax is special election an> the AGAINST I approved' by ,the electors question of the levy of the Section .3., T he election I to cause the Sales and Sales and Use Tax; s b held and con- Use Tax to S NOW THEREFOR BE it ducted and the vote Can and to ORDAINED;.,,by thee'City vassed and. the results de- perform all'acts -of what- Council of the City of Van: ,elated under the law and ever nature necessary to .Buren, Ar r;in the manger, now pro; carry out th autho r ity Section I: There is hereby -videtl for_municipal,elec- conferred`by this'.Ordi- called aspecial election to i [ions and only' qualified nance, be held'an July 10, 2012 at which election there'shall voters,. of, the City shall Section 7. All• ordinances have the right to vote at and parts thereof in con be submitted to the elec.. the election:, flict herewith are hereby' tors of the City the 'clues- Section 4.-.The results of I repealed to the, extent oft tion of the ley¢' of the the election shall be pro such conflict. Sales and Use Tax.. claimed by the Mayor and Section 8. The provisions' Section 2. The question of such Proclamation shall of this Ordinance are levying the Sales and Use be published one time in a separable and if a section Tax shall be placed on the newspaper having a gen- phrase or provision shall 1 ballot for the election in eral circulation in the City be declared invalid such substantially the following which Proclamation shall declaration shall not af- form: advise that the results as fect the validity of the re- 0.50% SALES AND USE proclaimed shall be con- mainder of the Ordinance. TAX elusive unless attacked in Passed: April 16, 2012 Adoption of a 0.50% local the courts within thirty i Approved: Robert D. Free sales ands. use tar within days after the date of i man, Mayor the City of Van Buren -the publication: 1 Attest: Barbie Curtis, City net collections of which Section 5. A co o t his Clerk. remaining after deduction Ordinance shall be a filed I Published in the April 18, of the administrative with the Crawford County 2012 issue of the Press Ar- charges of the State of Ar- Clerk at least 60 clays I gus- Courier. kansas and 'required re- hnta< will ha acrd fnr thn On the agenda next was to consider AN ORDINANCE CALLING A SPECIAL ELECTION IN THE CITY OF VAN BUREN, ARKANSAS ON THE QUESTIONS OF ISSUING BONDS UNDER AMENDMENT NO. 62 TO THE CONSTITUTION OF THE STATE OF ARKANSAS FOR THE PURPOSE OF FINANCING ALL OR A PORTION OF THE COSTS OF CAPITAL IMPROVEMENTS; LEVYING A NEW ONE -HALF OF ONE PERCENT (0.50%) SALES AND USE TAX FOR THE PURPOSE OF RETIRING SUCH BONDS; AND PRESCRIBING OTHER MATTERS PERTAINING THERETO. 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 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 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. Mayor Freeman noted that per state statute these two items must be separate on the ballot. The amounts on the ballot are higher than what was previously discussed due to the addition of administration costs and reserve. That reserve is part of the bond to insure we meet our obligations. 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, Dodd, Sagely, Swaim and Parker. 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 8 -2012 ORDINANCE 8-201.2 AN ORDINANCE CALLING A :SPECIAL ELECTION IN THE CITY OF VAN BUREN ARKANSAS ON THE QUESTIONS OF ISSUING BONDS UNDER AMENDMENT NO. 62 TO THE CONSTITUTION OF THE STATE OF ARKANSAS FOR THE PURPOSE. OF.FINANCINGALL OR A PORTION OF THE COSTS OF CAPITAL IMPROVEMENTS LEVYING A NEW ONE HALF OF ONE PERCENT'(0.50 SALES AND USE TAX FORTHE PURPOSE' OF RETIRING SUCH BONDS; AND ypEscpthiNo OTHER MATTERS PERTAINING THERETO. WHEREAS, the City Council of the City/ of Van Buren, Arkansas (the City") has determined that it would be in the best interest of they to (a) finance all or a portion of the costs of firefighting facilities and apparatus, including particularly without limitationanew fire station and any parking: eguipmentfurnishings and nprovements therefor the Firefighting Improvements (b) finance or a portion of the costs of police facili- ties includ ng particularly without limitation a.new'police station and any land acquisition parking equipment furnishings and utility; improvements therefor the Police Improvuiients (c) finance all or a portion of the costs of park and recreational facilities. and any land acquisition.'parkingequipment lighting and utility im- provements "therefor (the "Park and Recreational Improvements") (d) finance'all or a portion_ of the costs of a facility io •be used primarily as 0senior center and associated safe alielter and any deniolitionland acquisition parking equipment furnishings and utility improvements therefor (the "Senior Center Improvements and .WHEREAS the City can finance all or a portion of the costs of the capital improvements described above by the, issuance of Capital :improvement bonds (the "Bonds") under the authority of Amendment No. 62 to the Constitution of the State.of Arkansas "Amendment 62 and Title 14, Chapter 164, Subchapter 3 of the Arkan- sas Code,of, 1987' Annotated (the "Authorizing Legislation in the following maximum principal amounts $2,900,0057for,the,Fiiefighting Improvements; $4,400,000 for the Police Improvements;. $1,750,000 for the Parks and Recreational Improvements and 2650000 for the Senior Center Improvements; and WHEREAS, the Authorizing Legislation provides for the levy of one or more citywide sales and use taxes at the rate of 0.125% 0.25% 0.5% 0.75% or 1% or any combination thereof but not to exceed 1% in the aggregate; and WHEREAS, the City does not currently levy a sales and use tax under the Authorizing Legislation; and WHEREAS, the City can fully pay the principal of and interest on the Bonds from the proceeds ora new city wide onehalf of one percent (0.50 sales and use tax to be levied under the authority of the Authorizing Leg- islation solely tor that purpose; and (WHEREAS, the City may provide additional funds to pay or to further secure payment of the Bonds if a new citywide one half of one percent (0.50 sales and use tax levied by Ordinance No. adopted APRIL 16, 2012 is approved by the voters and WHEREAS, the purpose of this Ordinance is to levy a sales and use tax at the rate of one -half of one percent (0.50 on the receipts from the sales at retail within the City of all items which are subject to taxation under the Arkansas Gross Receipts Act of 1941, as amended (A.C.A 26 -52 -101 et seq.) and the receipts from storing, using, distributing, or consuming within the City tangible property under the Arkansas Compensating Tax Act of 1949 as amended (A.C.A 26 -53 -101 et seq) (collectively, the "Sales and Use Tax") and to submit to the electors of the City the question of issuing the Bonds under Amendment 62 and the Authorizing Legislation at a special election to be called for that purpose; i ORDINANCE NUMBER 8 -2012 CONTINUE]) NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Van Buren Arkansas: Section 1. Under the authority of the Authorizing Legislation there is hereby levied the Sales and Use Tax The Sales and Use fax shall be levied and the net collections received after deduction of, the administrative charges of the State ofArkansas and required rebates shall be used solely for the purpose of retiring or paying obligations with respect to the Bonds The Sales and Use Tax shall be levied and collected on the gross receipts gross proceeds or sales price in the maximum amount allowed from time to time under Arkansas law subject to rebates and limitations as required for certain single transactions as from time to time required by Arkansas statutes The levy of the Sales and Use Tax shall not take effect until the issuance the Bonds for one or more purposes is approved by the voters as provided herein. Section 2. There is hereby called a special election to be held on July 10 2012 at which election there shall be submitted to the electors of the City the questions of Issuing the Bonds under Amendment 62 and the Author- izing Legislation for the purposes and in the maximum principal amounts described above to be payable in whole or in part from the net collections of the Sales and Use Tax. Section 3. The questions of issuing the Bonds shall be placed on the ballot for the election in substantially the following forth: The bonds described below that are approved may be combined into a single issue or may be issued in series from time'to time If the bonds for one or more of the purposes are approved there will be lev- ied within the City a new (0.50%) sales and use tax (the "Bond Tax'), the net collections of which remaining after deduction of the administrative charges of the State of Arkansas and required rebates will be used solely to retire ar pay obligations with respect to the bonds in accordance with Amendment No. 62 to the Arkansas [Constitution The rate of the Bond. Tax will riot increase if bonds for more than one purpose are approved The Bond fax will expire'after the bonds have been paid or provision is made therefor in accordance with Arkansas In order to provide additional funds to pay or to further secure repayment of the bonds the City may also pledge to.the bonds the net collections of an additional City -wide 0.50% sales and use tax if such tax is separately approved by the voters. FIREFIGHTING. IMPROVEMENT BONDS AND 0.50% SALES AND USE TAX An issue of bonds of the City of Van Buren in the maximum principal amount of $2,900,000 to finance all or a portion of the costs of firefighting facilities and apparatus including particularly without limitation a new fire station and any. parking equipment furnishings and utility improvements therefor and in order to pay the bonds the levy and pledge of a local sales and use tax at the rate of 0.50% within the City AGAINST;: POLICE IMPROVEMENT BONDS AND 0.50% SALES AND USE TAX An issue of bonds of the City of Van Buren in the maximum principal amount of $4,400,000 to finance all or a portion of the costs of police facilities including particularly without limitation a new police station and any land acquisition parking equipment furnishings and utility improvements therefore and in order to pay the bonds the levy and pledge of a local sales and use tax at the rate of 0.50% within the City. FOR AGAINST -,.a, Lp °d PARK AND RECREATIONAL IMPROVEMENT BONDS AND 0.50% SALES AND USE TAX An issue of bands of the City of Van Buren in the maximum principal amount of $1,750,000 to finance all ar a! portianof the costs park and recreational facilities and any land acquisition parking equipment, lighting and utility improvements therefor, and in order to pay the bonds, the levy and pledge of a local sales and use tax at the rate of 0 50 /',wnhm the City. x LaLw FOR' SENIORCENTERIMPROVEMENTBONDS AND,050 SALES AND, USE TAX z An;issue of horida`of the City of Van. Buren in the maximum principal amount of $2,650,000. to fall or a finance ortion of the costs'- af- a- facility-to -be- used primarily _as -a senior_ center and associated safe shelter and any demolition' land acquisition parking equipment-furnishings and utility improvements therefor and in order to pay the bonds the levy and pledge of a local sales and use tax at the rate of 0.50% within the City. FOR- AGAINST Section 4 The election shall he held and conducted and the vote canvassed and the results declared under the taw and in the manner now provided for municipal elections unless otherwise provided in the Authorizing Leg- islation and only qualified voters bfthe City shall have the right to'vote at the election Section.5.,The results of the election shall be proclaimed by the Mayor and the Proclamation shall be pub -�l lished one -.time in a newspaper having a general circulation in the City which Proclamation shall advise that the results as proclairnedshall be conclusive unless attacked in the courts within thirty days after the date of. publication. Section 6. A cagy of this Ordinance shall be (a) filed with the Crawford County Clerk at least 60 days prior tol the election date and (b) given to the Crawford County.Board of Election Commissioners so that the necessary, election officials and'supplies may be provided. A certified copy of this Ordinance shall also be provided to the [Commissioner of Revenues of the State of Arkansas as soon as practical. !Section 7. The Mayor and City Clerk for and on behalf of the City, are hereby authorized and directed to do any and all things necessary to call and hold the special election as herein provided and if the issuance of the Bonds is approved by the electors to cause the Sales and Use Tax to be collected in accordance with the i [Authorizing Legislation and to perform. all acts of whatever nature necessary to carry out the authority con-1 I ferred by this Ordinance. !Section B. The provisions of this Ordinance are separable and if a section phrase or provision shall be declared,, invalid such declaration shall not affect the validity of the remainder of the Ordinance Section 9 All ordinances and parts thereof in conflict herewith are hereby repealed to the extent of such con- flict. Passed April 16, 2 012 Approved: Robert D. Freeman, Mayor Attest: Barbie Curtis, City Clerk Published in the April 18. 2012 issue of the Press Argus Courier. Next on the agenda was the Financial Statement. Motion was made by Alderman Swaim and seconded by Alderman M oore to appropriate the sum of 1,238,054.63 to pa expenses and salaries for March 2012. presented by the City Clerk. The Council followed with a unanimous vote. 4 -05 -20:2 1 0 0 6 044 C I T 'Y O F V A N 6 0 0 0 6 PAGE: 1 C C L BALANCE AS OF: GARCH 31ST, 2012 1 10 General Fund 1 Y.CNTII TO D,RTE PEAR TD DATE ACCTS ACCOUNT NPYE DEBITS CREDITS DEBITS CREDITS i ASSETS 1000 ee__y cash 0.00 200. 00 1020 Cash in Banc 2,542.23 105,664.63 1020.03 Cash In Bank- ASP•s &Mamart Gra 0 -00 0.00 0 1020.04 Veterans' Memorial -Act 934 0.00 118,923.30 1020.06 2009 Byrne Recovery Grant 0.00 0.00 9 J 9 '3 5 9 5 7-:- 0020.06 2009 Byrne Gran: 0.00 120.00 2,002 i 1020.07 2007 Byrne Grant 0.00 0.00 1 15, 07<' /0-,- 1020.09 Cash in Bank- storm Damage 0.00 0.00 1020.09 District Coot Grant-Mediation 0.00 25.00 6 0 4 1020 10 cash to Bank PDC 1,138.56 653.08 1 i G J 1 F 1020.11 Cash in Sank KVBB 0.00 0.00 1 6 3 1020 12 EmeeMemeY Management Fund 19,460.08 0.00 C 5 J 1 5^ 1020.13 Cash In Bank -ACT 033 0.00 54,726.06 1 1020.14 Court Automation-District 5,944.82 )9,)61.64 1 3 2 1' O J k' 1020.15 Cash in Bank -ACT 1314 0.00 0.00 0 b 5 2020.16 AR Dept of Rural. Services 0.00 0.00 J 3 j 1020.17 New Police Dept Tax O. DO 35,000.00 i 1020.15 Casb in Bank 2D Co Ta 1),116.00 66,025.60 1020.19 Cash in Back ED Co Tax 14,380.58 121,488.88 1020.20 Cash In Bank- Erosion Control 225.0E 9,800.00 2020.27 Cash in Bank Levee 0.00 6,995.26 1020.28 Marina Repairs 0.00 12,123.28 1020.31 Cash in Bank .arks b Rec 22,6 60,560.77 1020.32 GIF -Parks 6 Recreation 0.00 0.00 1020.33 Cash in Bank -Yard Waste 4, 76,910.70 1020.51 Cash in Sank Cemetery 1,361.06 1,756.09 1020.91 Cash in Bank Cap Imo 51,950.49 491,508.18 1040 Investments 227.78 252,390.41 1040.00 Investments Sales Tax City 0.00 0.00 1040.18 PO CO :ax 0.00 0.00 1040.19 Investments FD Co Tax 0.00 0.00 1040.2) investments m estment Levee 0.00 0.00 1040.31 Parks s Rec 0.00 0.00 1000.50 Investments Cemetery 0.40 38,752.59 1040.31 Investments Cap Imp 0.00 1,019,269.05 I 1050 Fixed Assets 0 -00 0.00 1051 Accumulated Depreciation 0.00 0.00 i 1504 Due from Payroll 0.00 0.00 I 1505 Due From Other Funds 0.00 0 -00 1520 Due from Street Fund 14.60 17.35 1540 04, From Library Fund 0.00 0.00 LIASILITIES AND FIND BALANCE 2500 Accounts Pavane 210.00 0.00 I 2010 rcunicipal Health Ins. Payable 0.00 0.00 1 2030 Colonial Life Payable 0.20 0.00 i f i i 9, 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 had a request from First Baptist Church to close streets on June 4` -8` for their vacation bible school. Motion was made by Alderman Swaim and seconded by Alderman Ragsdale to grant the request. The council followed with a unanimous vote. There was a request sent to the Mayor's office to hold reenactments in downtown Van Buren once a month on the second weekend of every month at the corner of 7 Street and Main Street. There were no representatives from the Law Breakers and Peace Makers present. Mayor Freeman noted that he still has some concerns. Alderman Mary Ann Dodd spoke on behalf of Richard Bodo who is a large investor in downtown Van Buren. He is against the reenactments stating his concerns are safety issues, the recent shooting at the Crawford County Courthouse, as well as older and younger people getting off the train. Barbara Little owner of A Little Bit of Mexico on Main Street went on record to say that she is opposed to the reenactments. She doesn't believe it is historically accurate in addition to the safety issues due to the recent courthouse shooting. Patricia Howard, owner of Main Street Candy, also mentioned that downtown Van Buren is not a theme park. Mayor Freeman recommended to deny the request at this time. Motion was made by Alderman Swaim and seconded by Alderman Parker to deny the request. The council followed with a unanimous vote. Hilda Daugherty with Farmer's Market asked Barbara Little to speak to the council about making some changes to the current Farmer's Market Ordinance. Changes include: changing location from the parking lot at 8 Street Webster Street to the City Park located behind the Train Depot, extending the dates of Farmer's Market from the first weekend in April to the last weekend in December as well as possibly add a Tuesday or Thursday in hopes to expand it, replacing "The Old Town Merchant's Association" within the ordinance to "Market Committee and last having no provisions for crafts. Mayor Freeman commented that the "Market Committee" would need to be a formal committee that would enforce Farmer's Market. He asked to set up a meeting with Mrs. Daugherty and Mrs. Little to talk about the changes and the committee. There being no further business, motion was made by Alderman Swaim and seconded by Alderman Dodd to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 8:10 p.m. ATTESTED: A R VED: M[ vl l .0 R CITY CLERK TREASURER MAYOR