05 May 1999 Special
SPECIAL CALLED MEETING OF THE VAN BUREN CITY COUNCIL
A special called meeting of the City Council of the City of Van Buren,
Arkansas, met at 7:00 p.m. , on Tuesday, May .11, 1999, at City Hall . The meeting
was called to order by Mayor John Riggs, presiding officer. Council members
present were Alderman Parker, Barker, Spoon, Taylor, Moore and Swaim. City Clerk
Barbie Curtis, City Attorney Candice Settle, and Tim Fox, Attorney for the City of
Van Buren in the case being styled as OmniAmerica Development Corp. V. City of Van
Buren, United States District Court Case No. 99-2033, were also present. This made
a total of ten (10) present,. A quorum was declared.
The Mayor ordered spread upon the minutes, the " NOTICE OF SPECIAL MEETING,
CERTIFICATE OF SERVICE OF NOTICE AND THE WAIVER OF REGULAR NOTICE OF AND CONSENT OF
SPECIAL MEETING. "
NOTICE OF SPECIAL MEETING
NOTICE OF SPECIAL MEETING TO THE CITY COUNCILMEN
OF THE CITY OF VAN BUREN, ARKANSAS
Notice is hereby given that a Special Meeting of the City Council of the City of Van
Buren, Arkansas, will be held at City Hall at 7:00 P.M. on the 11th day of May, 1999,
for the following purpose:
1. To consider a proposed settlement of the
Tower Litigation styled as OmniAmerica
Development Corporation vs City of Van
Buren, Arkansas, U.S.D.C. Case #99-2033
Ca
JOHN GS, MAYOR62
CERTIFICATE OF SERVICE OF NOTICE
I, Barbie Curtis, the duly appointed, qualified and acting City Clerk-Treasurer of the
City of Van Buren, DO HEREBY CERTIFY that on the 11th day of May, 1999, I served a true
copy of the foregoing Notice of Special Meeting to each and every Councilman of the City
of Van Buren, Arkansas, by handing a copy to each, in the manner provided in the By-
Laws.
li)1.41-4(..:12-- 6.0.. .)
BARBIE CURTIS, CITY CLERK-TREASURER
WAIVER OF REGULAR NOTICE OF AND CONSENT TO SPECIAL MEETING
We, the undersigned City Councilmen of the City of Van Buren, Arkansas, do hereby accept
service of the NOTICE OF SPECIAL MEETING waiving any and all irregularities in such
Service and in such Notice and Consent agree that the said City Councilmen of the City
of Van Buren, Arkansas, shall meet at the time and place named in such Notice and for
the purpose stated therein.
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The Invocation was given by Alderman Rick Spoon.
Next, the Mayor led the Pledge of Allegiance.
Next, the Mayor called the public hearing into session at which time he
requested Tim Fox, Attorney for the City of Van Buren, to address the Council
regarding the issue of OmniAmerica Development Corp. lawsuit. The City of Van
Buren objected to the siting a tower in a residential area and wanted it moved.
OmniAmerica Development Corp. filed suit saying the city had attempted to
stop the construction and now wanted to relocate the tower. Relocating the tower
would cost the company $90,000.00. OmniAmerica offered the City of Van Buren
$30,000.00 to keep the tower at current location.
Next was to consider a RESOLUTION OF THE CITY COUNCIL OF VAN BUREN, ARKANSAS,
ATHORIZING THE MAYOR TO EXECUTE A SETTLEMENT AGREEMENT AND RELEASE IN THE CASE OF
ONIAMERICA DEVELOPMENT CORP. V. CITY OF VAN BUREN, UNITED STATES DISTRICT COURT,
WESTERN DISTRICT OF ARKANSAS, FORT SMITH DIVISION, CASE NO. 99-2033. The Clerk
read the Resolution in its entirety. Alderman Bill Swaim seconded by Alderman
Donna Parker, moved that the Resolution be adopted. The question was put by the
Mayor on the adoption of the motion and the roll being called, the following voted
aye; Alderman Parker, Swaim, Moore, Barker, Spoon. And the following voted %nay;
Alderman Taylor.
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 5-1-1999
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Motion was made by Alderman Moore and seconded by Alderman Swaim to adjourn.
The Council followed with a unanimous vote. The meeting adjourned at 7:50 p.m.
APPROVED: (�
ATTESTED: MAYOR-1Q6a4-h1--el
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CITY CLERK-TREASURER
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