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ORD NO 01-1972 e ORDINANCE NO. 1 -72 AN ORDINANCE APPOINTING I NG CQMISSIONERS FOR. VISTA DILLS SEVER ilvLVROVcr'IUN: DISTRICT NO. 2 OF VAN BU .LN, ARKANSAS WIIER:AS, by Ordinance No. 13-71, pasted and approved by the City Council on the 16th day of /uzust, 1971, Vista Mills Sower Improvament District i:o. 2 of Var. Duren, Arkansas, was established and Charlea E. Schaub, Leap L. }.arp and Ben L. MaNay, we-co appointed Co:uaaissionors, but by oversight, Choy faired to kilo ttacir oaths of office within the time required by law, and it is desirable and necessary that they be reappointed and qualify as such Commissioners; NOW TI1ZRE''ORE, BE IT ORDAINZD BY THE CITY COUNCIL 0 TUE CITY OF VAN LURF.N, ARKANSAS: Section 1. Charles E.Schaub, Leta L. Tarp and Ben L. Macey aro .:oby named Commissioners tor Vista L'Llls Sower Improvement. District No. 2 of Van Lunen, Arkansas. Section 2. This ordinance cball taken effect and bo in force from and after its passa PASSED: January 3 1972. APPROVED: i' C (p A Mayor AWES' P City Clerk (3 E. A L) The Mayor stated that the Commissioners of Vista Hills Sewer Improvement District No. 2 of Van Buren had immediately qualified by executing and filing their respective oaths of office, had net and organized, and had filed with the City Clerk their report with plans and specifications for the improvements and an estimate of costs and that consideration should be directed by said Council to the question of the passage and adoption of a resolution approving the plans and estimate of coat of the Commissioners of Vista Hills Sewer Improvement District No. 2 of Van Buren, and appointing Asaaa ©ors. After discussion by said Council, Alderman Gann introduced in writing a resolution entitled, "RESOLUTION APPROV- ING PLANS AND APPOINTING ASSESSORS IN VISTA HILLS SEWER IMPROVE- MENT DISTRICT NO. 2 OF VAN BUREN which resolution the City Clerk read in full. Alderman Gann then moved that the rule requir- ing an ordinance or resolution to bo read in full on throe different days be suspended and that said resolution be placed on its second reading, seconded by alderman Charley Matlock and thereafter, the Mayor put the question on the adoption of said motion, and the roll being called, the following voted: Aye: Charley Matlock Clyde Taylor Ray Gann 2 Iverson Riggs Guy Matlock and the following voted: Nay: None Whereupon, the Mayor declared the motion duly passed and said resolution placed on its second reading. The resolution was then read by the City Clerk. Page 5 Alderman Gann then moved that the rule be further suspended and the said resolution be placed on its third 0 and final reading. The emotion was seconded by Alderman Charley Matlock and after due consideration thereof by said Council, the Mayor put the question on the adoption of said motion, and upon the roll being called, the following voted: Aye: rha Matlock Clyde Taylor Ray Gann Iverson RiQfls Guy Matlock and the following voted: Nay: Whereupon, the Mayor declared the motion duly carried. Said Resolution was read in full by the City Clerk. Alderman Gann moved its adoption, seconded by Alder- man Charley Matlock, and after due consideration thereof by said Council, the Mayor put the question upon the adoption of said motion and the passage of said resolution, and the roll being called, the following voted: Aye: Charley Matlnrk Clyde Taylor Ray Gann Iverson Riggs Guy Matlock and the following voted: Nay: None Whereupon, the Mayor declared said motion duly adopted and said resolution duly passed, and signed his approval to said resolution, and the said resolution was attested by the City Clerk, and impressed with the seal of the said City. Said resolution, to which no amendment was offered, reads as follows: rage 6 RESOLUTION NO. 1-1 -72 RESOLUTION APPROVING PLANS AND APPOINTING ASSESSORS IN SEWER IEPROVENENT DISTRICT N0. 2 OF VAN EUREN, ARI(ANSAS WHEREAS, the Commissioners of Sewer Improvement District No. 2 of Van Buren, Arkansas, hav filed plans and have reportod the estimate of coats Of constructing the improvement contem- plated in said local improvement district to be _51.420 on to be assessed and charged upon the real property of the District according to the benefits received, and it appearing that said plans are as prayed for in the Petition and that said estimate of costs of its part to be charged against the real property in the District is less than eighty per cent (307.) of the value of all the real property in the District as shown by the last Comity Assessment. NOW, THEREFORE, BE IT RESOLVED, that the waking or the assessment for said improvement be undertaken, and that Rudolph D. Winborn, Jr., i� F'w' f� cx t f y and Robert E. Daugherty, are hereby appointed Assessors to assess the benefits to be realized by each lot or block or other subdivision of land, railroad and railroad right -of -way in said District. ADOPTED: January 3 197 APPROVED: j r t1 e Mayor ATTEST 1-1 City Clerk Page 7 (Matters not related to the said Sewer Improvement District are omitted.) 0 There being no further business, the Council adjourned. r1 J ,._�r Mayor ATTEST: City Clerk D...... 12 OATH OF COMMISSIONER I, Ben L. Maxey do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the State of Arkansas, and that I will faithfully discharge the duties of the office of Commissioner of Vista Hills Sewer Improvement District No. 2 of Van Buren, Arkansas, upon which I am now about to enter, and that I will not be interested either directly or indirectly in any contract made by the Board. K Len L. Maxey Subscribed and sworn to before me this 3rd day of January 1972. /Justice of the Peace FILED THIS 3rd DAY OF JANUARY, 1972. City Clerk OATH OF COMMISSIONER I, Lee L. Karp do solemnly swear that 1 will support the Constitution of the United States of America and the Constitution of the State of Arkansas, and that I will faithfully discharge the duties of the office of Commissioner of Vista Hills Sewer Improvement District No. 2 of Van Buren, Arkansas, upon which I am now about to enter, and that I will not be interested either directly or indirectly in any contract made by the Board. Lee L. Harp Subscribed and sworn to before me this 3rd day of January 1972. Justice of the Peace FILED THIS 3 rd DAY OF JANUARY, 1972. City Clerk OATH OF CONNISSIONER I, Charles E. SchauT4 do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the State of Arkansas, and that I will faithfully discharge the duties of the office of Commissioner of Vista Hills Sewer Improvement District No. 2 of Van Buren, Arkansas, upon which I am now about to enter, and that I will not be interested either directly or indirectly in any contract made by the Board. Charles E. Schaub Subscribed and sworn to before me this ird day of January 1972, Justice of the Peace FILED THIS 3rd DAY OF JANUARY, 1972. t i City Clerk 1 7 TO TEE HONORABLE MAYOR AND CITY COUNCIL 1 t. OF TEE CITY OF VAN BUREN, WNSr I'at {.0 �A�JI i.;I Wo, the Commissioners of Vista 111115 Sewer Improvement District No. 2 of Van Buren, Arkansas, respectfully report that we have organized by electing Lee L. iia'rp,' Chairaun, Charles E. Schaub, Secretary, James E. Nichlc, .tickle Aceociate&, Engineer, and Carl Creek more, Attorney, and }XOCGrs. Rose, Barron, ThaGh, Williamson, Carroll Clay, as Loud Counsel, and have formed plans for th© improvement within the District as prayed for in the Petition, copies of such plans and specifications being herewith filed, ouch plans providing for the construction of tae 6. wer improvements consisting of constructing a system of Hewers to dispose of sewage by connection with sewer mains heretofore constructed to servo the inhabitants of the District, as provided in said Petition. We estimate the cost Of ouch iruprovemento to the District to be 951,000.00, to be a:.G€&sed and charged upon the real property of t a District, according to the benefits received; and this cost includes engineer's and attorney's fees as shown by a detailed estimate of our engineer, attached hereto as Exhibit "A We recommend that Rudolph D. Winborn Jr. Burl Dean Nye s_ 2 and Robert E. Daugherty, be app Is appointed oiilteii ASC}i;;yGO::g for Ga..d District. 18. Complete, execute, and file for the records of the City. City Clerk Van Buren, Arkansas January 3 1972 The City Council of the City of Van Duren, in the County of Crawford, State of Arkansas, net in reoular session at the City Nall in said City at 7:30 o'clock, P •M., on the 3rd day of January, 1972. The meeting was called to order by the Mayor, and the roll being called, there were: Present: Allen Ray Toothake°r, Mayor, in the chair, and the following named Aldermen: Charley Niatlnrk Clyde Taylor Ray Gann Iverson Riggs Guy Matlock and also: Absent: Carl E. Salzman who had notice of the meeting. The Mayor stated that by Ordinance No. 13 -71, passed and approved by the City Council on than loth day of August, 1971, Vista Rills Sewer Improvement District No. 2 of Von Buren, Arkansas was established and Charles E. Sc ub,Lee L. 4iarp and Ben L. Mrotcy, were appointed Commissioners, that by oversight they failed to file their oaths of office within the time required by law and that it wa s desirable and necessary that they be reappointed and qualified aG such Cor1Y$ u toner i �._w. +a nnnn7 Yl Alderman Gann 3. Complete, execute, and file for the records of the City. Alderman i c Gann then moved that the rule requiring an ordinance or resolution to be read in full on three 0 different days be suspended and that said ordinance be placed on its second reading, seconded by Alderman Charley Matlock and thereafter, the Mayor put the question on the adoption of said motion, and the roll being called, the following voted: Aye: Charley Matlock Clyde Taylor Ray Gann Iverson Riggs Guy Matlock and the following voted: N ay: None Whereupon, the Mayor declared the motion duly passed and said ordinance placed on its second reading. The ordinance was thou read by the City Clerk. Alderman Gann moved that the rule be further suspended and that the ordinance be placed on its third and final reading. This motion was seconded by Alderman Charley Matlock Thereafter, the Mayor put the question on the adoption of said :notion, and the roll being called, the following voted: Aye: Charley Matlock Clyde Taylor Ray Gann Iverson Riggs Guy Matlock and the following voted: Nay; None 0 Whereupon, the Mayor declared the motion duly carried. Said ordinance was read in full by the City Clerk. Alderman Gann moved its adoption, seconded by Alderman Charley Matlock and after duo consideration thereof Page 2 r 7. by said Council the Mayor put the question upon the adoption 1 43 of said motion and upon the passage of said ordinance, and the roll being called, the following voted: Aye: Charley Matlock Clyde Taylor Ray Gann Tvarcnn Rirggc Guy Matlock and the following voted: Nay: NnnP Whereupon, the Mayor declared said motion duly adopted and said ordinance duly passed, and signed his approval to said ordinance, and the said ordinance was attested by the City Clerk and impressed with the seal of the said City. Said ordinance, to which no amendment was offered, read as follows: II Passe 3