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10 October 1999 Regular MINUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING ILD OCTOBER. 18, 1999 The City Council of the City of Van Buren Arkansas met at 7:00 p.m. , Monday, October 18, 1999, at City Hall. The meeting was called to order by Mayor Riggs, presiding officer. On roll call the following members answered as their names were called: Alderman Parker, Spoon, Swaim, Taylor, Moore and Barker. Deputy City Clerk Carolyn Marston and City Attorney Candice Settle were also present. This made a total of nine (9) present. A quorum was declared. The Invocation was given by Reverend William Yale, Paster of Kibler Road Church of God. Next the Mayor led the Pledge of Allegiance. Alderman Swaim seconded by Alderman Taylor made a motion to approve the September 20, 1999 Council Meeting minutes as printed. Motion was unanimously carried by the City Council. Next on the agenda was to consider an ORDINANCE VACATING AND ABANDONING A PORTION OF MILLER STREET IN THE CITY OF VAN BUREN, ARKANSAS. It was requested by Peter T. and Jer•ri. W. Cockram and Richard Griffin. The Clerk read the Ordinance the first time in its entirety. Alderman Swaim moved that the rules be suspended and the Ordinance placed on its second reading. The motion was seconded by Alderman Spoon. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Parker, Spoon, Barker, Moore, Taylor and Swaim. The Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage. The Ordinance was read the second time. Alderman Swaim then moved that the rules be further suspended and the Ordinance be placed on its third and final reading. The motion was seconded by Alderman Moore. On the Clerk's calling the roll., the following vote resulted: Ayes -- Alderman Parker, Spoon, Barker, Moore, Taylor and Swaim. The Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage. The Clerk then read the Ordinance the third and final time. The Mayor declared the Ordinance open for discussion. The Mayor then put the question, "Shall the Ordinance Pass ?" Motion was made by Alderman Swaim and seconded by Alderman Taylor to adopt the Ordinance. On the Clerk's calling the roll.., the following vote resulted: Ayes — Alderman Parker, Spoon, Barker, Moore, Taylor, and Swaim. The Mayor declared the Ordinance passed as there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage. THE ORDINANCE WAS GIVEN THE NUMBER 23--1999 c OA LI WO U.:.c 0v TC >•-1Z (- V ),1v ,� ,A C o Of. 0'I 0 •u.... a A u >,.-.- c yQ^tt. Z 44 =ID �'..A z c y" co CZ U> _ ,_ a c to›,c i,s 0 eyv> E c .5 =;,--, —c .6...1, e�z0 0 �a - 3 .= g o v u e ODZ E- o . t't'fio c • .71.--4. 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"p`° = d�•a N op�'2,..E., ),- „, . g 2�� v u'g CQ Z Z 0V cm a. 3,...� 0 VIZ Ea p�ri2 w y a u CII) A-5w 4, .1) W a . y o ZZw q u.F Q 3 0 e l lliii5g U Q ...e as y C 1y•p 0.. "i yU '. U C i.ZO vi Lii'u ygp��¢�� R 0 i�.,..-fl .:. a r 01 dZ OZOZZQ� Q >,e 3 g'a yre) : o. >. • d �^ IPS t . elm m v'o, Tact ' A_z<canarJ,Y x R =moo. >. 3 Y:� 8 0v,v 6 aal y v I Next on the agenda was to consider an ORDINANCE VACATING AND CLOSING A PORTION OF NORTH SEVENTH STREET IN THE CITY OF VAN BUREN, ARKANSAS. The Ordinance was requested by W.Q. and Jean Barkley and C.V. Henry. The Clerk read the Ordinance the first time in its entirety. Alderman Swaim moved that the rules be suspended and the Ordinance placed on its second reading. The motion was seconded by Alderman Moore. On the Clerk 's calling the roll, the following vote resulted: Ayes -- Alderman Parker, Spoon, Barker, Moore, Taylor and Swaim. The Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage. The Ordinance was read the second time. Alderman Swaim then moved that the rules be further suspended and the Ordinance be placed on its third and final reading. The motion was seconded by Alderman Barker. On the Clerk's calling the roll , the following vote resulted: Ayes -- Alderman Parker, Spoon, Barker, Moore, Taylor and Swaim. The Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage. The Clerk then read the Ordinance the third and final time. The Mayor declared the Ordinance open for discussion. Alderman Taylor said he wanted the address changed to North Seventh. The Mayor then put the question, "Shall the Ordinance Pass 7" Motion was made by Alderman Swaim and seconded by Alderman Moore to adopt the Ordinance as amended. On the Clerk 's calling the roll, the following vote resulted: Ayes . Alderman Parker, Spoon, Barker, Moore, Taylor, and Swaim. The Mayor declared the Ordinance passed as there were six (6) ayes and (0) nays. Four (1 ) votes being necessary for passage, THE ORDINANCE WAS GIVEN THE NUMBER 24••-1999 °0 T �.�.C y E"' .SG N W C7 ow WzpO = �s c `ot-,v o Fx-� 0.1 $ .UU xi-, : U cd—or,, A coo=t g,n.e y e... g, NO eo 4: ;= FU Z W NN ..o y T. ° o Ao x .:z w 0 -14i0...., tv,-,,,I iyp ;0.. oo;u.s=oUo4WOO O 14 >j OF U=WO o „ 020.0=�, e+iL .r. o E R. y N Nw ov, 0. O OW =u.OW a,, ro a 8 e u,�'�Ti3 pau a i u 2x¢a¢q!¢+ ¢FF z/mom FO1m..,nu¢ 2 m .. o cez_ m= u¢tn 5.6.7„; uL2 oU¢w.¢A-2¢UU y N W ca z x> C N _T,= .N+ ee L y N C N N N y C N 1-03, C 2.-LE C N c° `gra y w °OTJ.—..t. tat >, cL W �N Uz0[—F-W �LCj eoc`ai'y agi3 °- ". .vim-A 2�.c u. u —)s 8u--,- y.° rs g4.A � eIII � m .4 z W= o 3,,;, e2 2 '= 3 c o = a9i eo u=L e — E g..o o733z3. 2 = p7=1 — W22 .—cu `°`? y 75 ,„=.0z q �hf' `ty ° e._. ct -' o... g ¢ _teemNclvoovc N .. 2uN „ „, n 9=4.0 .... V= j Next on the agenda was to consider an ORDINANCE VACATING AND CLOSING A PORTION OF NORTH SEVENTH STREET IN THE CITY OF VAN BUREN, ARKANSAS. The Ordinance was requested by W.O. and Jean Barkley and C.V. Henry. The Clerk read the Ordinance the first time in its entirety. Alderman Swaim moved that the rules be suspended and the Ordinance placed on its second reading. The motion was seconded by Alderman Moore. On the Clerk 's calling the roll, the following vote resulted: Ayes - Alderman Parker, Spoon, Barker, Moore, Taylor and Swaim. The Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage. The Ordinance was read the second time. Alderman Swaim then moved that the rules be further suspended and the Ordinance be placed on its third and final reading. The motion was seconded by Alderman Barker. On the Clerk ' s calling the roll, the following vote resulted: Ayes •- Alderman Parker, Spoon, Barker, Moore, Taylor and Swaim. The Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage. The Clerk then read the Ordinance the third and final time. The Mayor declared the Ordinance open for discussion. Alderman Taylor said he wanted the address changed to North Seventh. 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 as amended. On the Clerk's calling the roll, the following vote resulted: Ayes _. Alderman Parker, Spoon, Barker, Moore, Taylor, and Swaim. The Mayor declared the Ordinance passed as there were six (6) ayes and (0) nays. Four (4 ) votes being necessary for passage. THE ORDINANCE WAS GIVEN THE NUMBER 24-1999 Ili m�j;'•'tu•' if ! 0JIj $ I11f f� ;: g �Z� <a1s1-y�� ...1 q �%�i:134:747 c$t1• L(�v.. 1 a � .w ; eo sh� .5' O '�'OG E . 0 ' +wrL= .i� � � ..0 't � .Q.. 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IsvZ eo v> 5< — a o... > .u,-•' ie = c E - 0 a E Q a O..C7F"Qv�< e � ca. eN< < C av y o u o ut u u :.•^ K o a_ T� raw, ,-Q E. rig W .00DOao. en ,.. gig Oc2'.. u$2=-. 0 T70,,, wo.u3u -. u_`o 0 .ca<O r,Z Q-O + >., g1-5(5' cU l c v O gig o a c O•e a.. _ o r E .6 C u u W H W vw s d. v e $y c+ y�_ H et_ 3 eu = 'Op wgz<Zst.pmccx 2 z-• •� G-"S�'trz'= u E u u 8 .- "- w u O•�$^S u u a. e'v v.>8 ail <O-Q>UOrnO<3 30 oU a c•v.. tt E C 8�n�►xuQ3.8�� _ � " °'� vyaae.�v� yr `ouPs 5 li'u Next on the agenda was to consider an ORDINANCE AUTHORIZING THE MUNICIPAL. JUDGE, MAYOR AND CITY CLERK TO ENTER INTO A LEASE AGREEMENT FOR THE PURPOSE OF LEASING COMPUTER SOFTWARE AND HARDWARE FOR THE VAN BUREN MUNICIPAL COURT, AND FOR OTHER PURPOSES. The Clerk read the ordinance the first time in its entirety. Alderman Parker moved that the rules be suspended and the Ordinance placed on its second reading. The motion was seconded by Alderman Swaim. On the Clerk 's calling the roll, the following vote resulted: Ayes - Alderman Parker, Spoon, Barker, Moore, Taylor and Swaim. The Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage. The Ordinance was read the second time. Alderman Parker then moved that the rules be further suspended and the Ordinance be placed on its third and final reading. The motion was seconded by Alderman Swaim. On the Clerk ' s calling the roll., the following vote resulted: Ayes -.- Alderman Parker, Spoon, Barker, Moore, Taylor and Swaim.. The Mayor declared the motion carried as there were six (6) ..yens and (0) nays. Four (Q ) 'votes being necessary for passage. The Clerk then read the Ordinance the third and final time. The Mayor declared the Ordinance open for discussion. The Mayor then put the question, "Shall the Ordinance Pass ?" Motion was made by Alderman Swaim and seconded by Alderman Moore to adopt th.i Ordinance. On the Clerk 's calling the roll, the following vote resulted: Ayes - Alderman Parker, Spoon, Barker, Moore, Taylor, and Swaim. The Mayor declared the Ordinance passed as there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage. Motion was then made by Alderman Traylor- and seconded by Alderman Swaim, that the Emergency Clause be adopted which motion on roll call carried by the unanimous: vote of the Council . The Mayor then declared the Ordinance duly passed and signed same in open Council, duly attested to by the City Clerk, THE ORDINANCE WAS GIVEN THE NUMBER 25••-1.999 2 r-52 u u u 6v u u H ti u N u e GO L u zi N u a :2 u ^040 ›.v C 1.1 —wa 2r - _ ooeEoeo _ Loi.._ .. mE�•-:. coauc E m ro o �; o g c a a; w " Z^W /) 7.N t W � � C .'y,..., Q�'�� V) � a o N o� o '�iO c0 h V.e m V • � ... U 'o 74 -8 a o _ P:° y u EQ2 § x_72›,o ° a 11.° . 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The Clerk read the Ordinance e th fir :.t., time in it ; entirety. Alderman Swaim moved that the rules be suspended and the Ordinance placed on its second reading. The motion was seconded by Alderman Parker. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Parker, Spoon, Barker, Moore, Taylor and Swaim. The Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage. The Ordinance was read the second time, Alderman Swai.rri then moved that the rules be further suspended and the Ordinance be placed on its third and final reading. The motion was seconded by Alderman Spoon. On the Clerk' s calling the roll, the following vote resulted: Ayes Alderman Parker, Spoon, Barker, Moore, Taylor and Swaim. The Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage. The Clerk then read the Ordinance the third and final time. The Mayor declared the Ordinance open for discussion. The Mayor said there was a mistake in the Ordinance and he asked if someone would make a motion to table this Ordinance until later in the meeting so they could get the original Ordinance to check. Alderman Swaim seconded by Alderman Parker made a motion to table the Ordinance. The Council followed with a unanimous vote. Next on the agenda was to consider a RESOLUTION AUTHORIZING THE MAYOR TO ADVERTISE FOR BIDS FOR PHASE I PARKING OF THE FIELD OF DREAMS SPORTS COMPLEX WITHIN THE CITY OF VAN BUREN, ARKANSAS. The Clerk read the Resolution in its entirety. The Mayor said they had received a Grant for $05,000.00, money that Morrill Harriman had gotten for Parks and Recreation. He said they were going to host another Regional and they feel like this is important to go ahead and do the first phase of this project. The Mayor explained that this is what the money is to be used for, improving our parks and recreation areas. Alderman Swaim seconded by Alderman Taylor moved that the Resolution be adopted. The question was put by Mayor Riggs on the adoption of the motion and the roll being called, the following voted aye; Alderman Parker, Spoon, Barker, Moore, Swaim and Taylor. And the following nay; 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 10-1-1999 pa PS H by pa bp 4f, ar 4, 0 4. of P4� H fib+s �.�c �W 0 44 oaboF v,„ a) r Pr7 ▪ - k b 5r� z moF� Z o~ H § aa p'U U 'do A paO DV] W dU U CA os �V .... a p b O . 44 o► H � +A �ada 74y ..Z I Et av d 0V a cd .r/ ' •E 4-' oswooe d Qy � . wa � Hd y bpc� O ow d 04 A • ° aomb Cg15a a � NA p • pA AP2 , iv 71 • pO pb0 0. 0 vq ° z CpozpO w t+E' COD O o apA o H � g 44 il3 H AW H5V; .0 4t."' ao of 0 O a g aO �� U s HHEo z�z 1:14ta E-4• to gqy H g 6 Zb Paos HH YO0 g Ng 0 U H 3 N H cd . E.,0ZO �y C z p pa a PI :- z�A 0 E; 0g z 44 A E-04 a0. . :: N C \.`�C O~p4 y F O O `; U ta 04 O MVI p4 0 $ V U V) E,4 p+ OR tn eao le z ;14 Pa 0 0 a e Next on the agenda was to consider a RESOLUTION .AUTHORIZING THE PURCHASE OF THREE (3) NEW PICK-UPS FOR THE STREET DEPARTMENT UNDER THE STATE CONTRACT. The Clerk read the Resolution in its =entirety. Alderman Swaim seconded by Alderman Taylor moved that the Resolution be adopted. The question was put by Mayor Riggs on the adoption of the motion end the roll being called, the following voted aye; Alderman Parker, Spoon, Barker, Moore, Swaim and Taylor. And the following voted nay; 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 10--2..1999 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. /(P-A: -1999 A RESOLUTION AUTHORIZING THE PURCHASE OF THREE (3) NEW PICK-UPS FOR THE STREET DEPARRTMENT UNDER THE STATE CONTRACT. WHEREAS, Pursuant to Resolution No. 2-2-1993, the City of Van Buren, Arkansas, is authorized to purchase certain equipment including cars, under state procurement con- tracts and that such purchases are exempted from the requirements of competitive bidding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: SECTION 1: THAT the Mayor is authorized to enter into a purchasing Agreement for three (3) Dodge Pick-Ups for use in the Street Department for the price of $52,309.00 under the State Procurement Contract subject to Resolution 2-2- 1993. PASSED AND APPROVED THIS DAY OF ,19 99 VAY-ZVRV' ATTESTED: CITY CLERK-TREASURER Next on the agenda was to consider a RESOLUTION AUTHORIZING THE PURCHASE OF FOUR (4) NEW 2000 POLICE CARS UNDER THE STATE CONTRACT.. The Clerk read the Resolution in its entirety. Alderman Swaim seconded by Alderman Taylor moved that the Resolution be adopted. The question was put by Mayor Riggs on the adoption of the motion and the roll being called, the following voted aye; Alderman Parker, Spoon, Barker, Moore, Swaim and Taylor . And the following voted nay; 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 10-3-1999 • CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 49-'3 -1999 A RESOLUTION AUTHORIZING THE PURCHASE OF FOUR (4) NEW 2000 POLICE CARS UNDER THE STATE CONTRACT. WHEREAS, Persuant to Resolution 2-2-1993, the City of Van Buren, Arkansas, is authorized to purchase certain equipment including cars, under state procurement contracts and that such purchases are exempted from the requirements of competitive bidding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: SECTION 1: THAT the Mayor is authorized to enter into a purchasing Agreement for four (4) 2000 Ford Crown Victoria Police Specials for the price of $78,992.00 under the State Procurement contract subject to Resolution 2-2-1993. PASSED AND APPROVED THIS 18TH DAY OF OCTOBER ,1999 MAke M OR ^C 61 ATTESTED: CITY CLER -TREASURER Next on the agenda was to consider a RESOLUTION AUTHORIZING THE PURCHASE OF A PICK..-UP TRUCK AND A UTILITY VEHICLE FOR THE FIRE DEPARTMENT UNDER THE STATE CONTRACTS. The Clerk read the Resolution in its entirety. Alderman Swaim seconded by Alderman Taylor moved that the Resolution be adopted. The question was put by Mayor Riggs on the adoption of the motion and the roll being called, the following voted aye; Alderman Parker, Spoon, Barker, Moore, Swaim and Taylor. And the following voted nay; 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 1.0..4..4999 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. /d-41 -1999 A RESOLUTION AUTHORIZING THE PURCHASE OF A PICK-UP TRUCK AND A UTILITY VEHICLE FOR THE FIRE DEPARTMENT UNDER THE STATE CONTACTS. WHEREAS: Pursuant to Resolution No. 2-2-1993, the City of Van Buren, Arkansas, is authorized to purchase certain equipment, under state procurement contracts and that such purchases are exempted from the requirements of competitive bidding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: SECTION 1: THAT the Mayor is authorized to enter into a Purchasing Agreement for a Dodge Pick-Up Truck and a Dodge Utility Vehicle for use in the Fire Department for the price of $42,513.00 under the State Procurement Ca tract subject to Resolution 2-2-1993. PASSED AND APPROVED THIS DAY OF ,19 99 m �l MAYjNft-/ ATTESTED: CI CLERK-T EASURER CITY tommemosomm111.1111.1111.11111111"1.1111 \ consider a RESOLUTION AUTHORIZING THE SALE OF VEHICLES BY THE ' Next was adopted as DEPARTMENT. The? Clerk read the Resolution A VANrBURENn STREET Taylor moved that Mayor rr Alderman Swaimseconded by Alderman adding the year of the GMC Van. The questionrllwas fnJput obyng oRiggs aye; ' C Vamended,adoption of the motion and the rolJ.rhe Swaim and Taylor. And the following Spoon, Barker, Moore, d Alderrr,ar, Parker, 1 nay; none si o t o a� Mayor thereupon declared the ResolutionCit and signed the Res luti.on, The City Clerk and impressed which way. attested by the THE RESOLUTION WAS GIVEN THE NUMBER 10--5-1999 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. -1999 A RESOLUTION AUTHORIZING THE SALE OF VEHICLES BY THE CITY OF VAN BUREN STREET DEPARTMENT. The City of Van Buren has three vehicles ttare no longer their age and�maletf able for the WHEREAS, purposes of the Street Department dee to requirements;and EAS The City would be best served by selling these vehicles by sealed bid; WHER , NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS: SES : That the Street Department is hereby authorized to sale the following vehicles by sealed bid: VIN: Description: 1984 Ford`/z Ton Pickup 1FTCF15Y6ELA19979 GVLI1895 ! GMC Van 1985 Ford 1/2 Ton Truck 1 FTCF 15N9FKB35125 PASSED AND APPROVED THIS�DAY OF OCTOBER,1999. MAYOR" HN`GGS Aft ATTESTE 1 / 17 7 CITY C'E' REASURER 1 i t 1 Next on the agenda was to consider a RESOLUTION OF THE CITY Or VAN BUREN, ARKANSAS CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF BUSINESS TO PARTICIPATE IN THE. ADVANTAGE ARKANSAS PROGRAM FORMERLY THE ARKANSAS ENTERPRISE ZONE PROGRAM..ACT 917 OF 1'33 j. The Clerkkread the Resolution in its entirety. Alderman aw,�yr. seca�dc:d byAlderman Swaim moved that the Resolution be adopted. The questionput b• Mayor Riggs on the adoption of the motion and the rr'���b£"ar-I�d Taylor. the 1ndithea��ing y P_ S Barker, M. voted aye; Alderman Parker, Spoon, following voted nay; none. The Mayor thereupon declared theResoerk and impresseduin op e. d� anthd signed�theeRes lution, which was attested by the City CJ. THE RESOLUTION WAS GIVEN THE NUMBER 10--6--1999 RESOLUTION No. AL Z5.'q' RESOLUTION OF THE CITY OF VAN BUREN,ARKANSAS CERTIFYING LOCAL GOVERNMENTDNTAGARKANSASENDORSEMENT PROGRAM(FORMERLY THE ARKANSAS ENTERPRISE IPATE IN THE ADVANTAGE ZONE PROGRAM-ACT 947 OF 1993). WHEREAS,the local government must endorse a business to participate in the Advantage Arkansas Program and benefit from the refunds/tax credits as provided in the Arkansas Enterprise Zone Program Regulations of 1993;and WHEREAS,said endorsement must be made on specific form available from the Arkansas Department of Economic Development;and WHEREAS,Bekaert Corp.,located at 1881 Bekaert Drive,Van Buren,Arkansas has sought to participate in the program and more specifically has requested benefits accruing from the construction of the specific facility;and WHEREAS,Bekaert Corp.has agreed to furnish the local government all necessary information for compliance. NOW THEREFORE BE IT RESOLVED BY THE CITY OF VAN BUREN,ARKANSAS, THAT: 1. Bekaert Corp.be endorsed by the City of Van Buren,Arkansas for benefits from the refunds/tax credits as provided in the Arkansas Enterprise Zone Program Regulations of 1993,through June 30,2001;and 2. this resolution shall take effect immediately. MayorJoh Ri ,City o1 ��a31'Buren Date Passed: //,-/7-/99 Attest: (1 G •yeti. j/AJ Clerk • Next Alderman Swaim seconded by Alderman Moore made a motion to go back to the Ordinance that was tabled. The Council followed with a unanimous vote. 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 Parker , Spoon, Barker, Moore, Taylor, and Swaim. The Mayor declared the Ordinance passed as there were six (5) ayes and (0) nays. tour (4) votes being necessary for passage. Motion was then made by Aiderman Taylor and seconded by Alderman Spoon, that t:he. Emergency Clause be adopted which motion on roll call carried by the unanimous vote of the Council. The Mayor then declared the Ordinance duly passed and signed same in open Council, duly attested to by the City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 26-.1999 - examination or shall give notice of the which is not.protested by Commission's lien upon LEGAL NOTICE r 1. Any person req led investigation of the placer;::proposed assessment to, :he taxpayer under this the title of any real and' under.this Section to'pay of business, the tangibles the taxpayer. The notice Chapter, or (b) a final 't personal property of the Published • in the• the`hotel and''restaurant' personal property, shall explain the basis'for ietermination of die taxpayer in the county November 3, 1999 issue tax-or file reports of"said. equipment, and facilities, the proposed assessment Commission following .Where the certificate of of the Press Argas-• tax K`ho willfully fails ttl, and the books, records,: and shall state that a final administrative review, Indebtedness is recorded. Courier pay said tax or file a papers, vouchers, assessment shall be made :he taxpayer may seek 4,!. The certificate of report sh „be:,guiltlf of a' accounts, and documents if the taxpayer does:not judicial relief from the" indebtedness authorized of any taxpayer or other protest such.proposed', final determination in by this subsection shall' 2:"ln a tion to•all other person.Every taxpayer or. assessment. accordance,with Ark. continue in force for ten CITY OF VAN BUREN; . ,powers granted to the other person and his D. ADMINISTRATIVE Code Ann. § 26-75-603 (10) years from the date A R K A N S A S Commission pursuant to PROCEDURE (d). of recording and shall ORDINANCE'NO. state law, the agents.•and employees 1. An taxpayer who E. CERTIFICATE OF of recording tically expde.after shall 'e3ehibit to the - Y Ig99 Commission shall have Commission-these pieces wishes to seek INDEBTEDNESS/JUDO the ten-year period has full enforcement andadministrative relief from MENT run: Actions on the lien AN ORDINANCE collection powers as set and items and facilitate AMENDING VAN any examination,. ..or any proposed assessment •1. If a taxpayer does not on the certificate of forth Ark. Code investigation. of taxes shall do so timely and properly indebtedness shall be BUREN CODE Annotated § 26-75-603 C.NOTICE pursuant to the following pursue'his remedies commenced within ten SECTION 3.08 TO and § 26-18-101 et seq.; procedures: seeking relief from a (10) years after the date PROVIDE CRIMINAL as well as the poples and li The Commission shall PENALTIES FORgive the taxpayer noticela. A 1g r may at,his, decision : of the of recording of the a. Assess penalties of any assessment, opti63t eithbr request t e Commission, and a final certificate, and not FAILURE TO REMIT interest against taxpayers demand, decision, or Commistion to coriaglet assessment is made j afterward.' HOTEL AND who fail to timely report hearingbefore the his request for relief against the taxpayer,orif. 5.The Commission shall RESTAURANT TAXES, pI pay the tax. The Commssion °"'which solely upon written the taxpayerfails to pay have all'remedies and PROVIDING FOR THE .p� shall be equal to documents furnished by the deficiency assessed may take all proceedings COLLECTION OF fit?" rcenr(5%) of the directly involves that the taxpayer or upon the upon notice and demand, for the collection of the SAID TAXES unpaid tax amount per taxpayer. written documents and then the Commission tax which'may be taken PURSUANT TO STATE month not to exceed a beAll�iv n required a any evidence produced shall, as soon' as ! for the recovery of a DECLARINGEW AND total a(s ssment of thirty- Commissio4 to a by the taxpayer at a practicable thereafter, judgment at law. AN five*Ant tax Simpleof the taxpayer shall be either hean• ng. utilize the provisions of RECTION, 2: This EMERGENCY. unpaid` . served by personal b• A taxpayer who Ark Code Ann. § 26= ordinance is necessary WHEREAS, Arkansas interest a unpaid taxes requests the Commission 75.603 (e) 'to enforce for the immediate health,. Code Annotated Section shall be assessed at the service or sent by mail to re render its decision payment b issuing to the safe and 26-75-603 provides.for the taxpayer's last rate of ten percent(10%) based on written paymentbyr�ss certificate safety the enforcement of the address on record with PASSED . per annum; the Commission. If this documents is not entitled of , indebtedness ! AND hotel and restaurant tax b. A •ssess unpaid or mail is returned by law to any other certifying that the person APPROVED THIS 18th as authorized by this unreported tax within unclaimed or refused, administrative hearing named therein is indebted DAY OF OCTOBER, Chapter;and three 3)years of the date prior to the to the Commission for j-1999. WHEREAS, it is in •( • then proper notice shall the tax is due; have been served and Commission's rendering the amount of the tax the best interests of the c. Provide for judicial iven, and the of its decision, and, if established"' by the APPROVED: City of Van Buren that relief from proposed Commission may lake necessary, the issuing of Commission as due. • MAYOJOHN R the City's Advertising assessments in a final assessment and 2.The Circuit Clerk shall and Promotion any action permitted by payment on , los lravb�6all+c►s accordance with this this Section and by Ark.; demand for a ment or enter immediately up section; Code Ann:§26=75 603. issuing of a certificate of the Gir'cuit Court •, ; �`''� vntatal�rtteit� d. Issue certificates of indebtedness. judgment docket 3.If an taxpayer fails to: t procedures Which-are indebtedness in Y PaY c.If the taxpayer requests a, The name of the - t ET authorized b state law. file a re rt and.remit the Y accordance with Section report a heathe delinquent taxpayer b. G CLERK/ • E- hotel and restaurant tax g' Commission shall set the The amount certrf.ed as.4TREASURER NOW, THEREFORE, B. EXAMINATION OF as provided for'by.this time and place for 1- BE IT ORDAINED BY CORDS Section,the Commission, being THE CITY COUNCIL from any'information;in hearing and shall give the of the tax; and d. The 1. Inahe administration taxpayer reasonable date of entry upon the OF THE CITY OF VAN' ' its possession ' or judgment docket. BUREN,ARKANSAS. of the hotel and notice thereof. restaurant tax authorized obtainable by •it, inay; Within thirty (30) days ht entry of the SECTION 1: That the determine the correct{ of the issuance and Van Buren Code,$elcfian by •this determine ; certificate . of Gsiminission, for the amount of tax due in service on the tax a er of 3.08 be amended to . accords e .�,4 4b, the taxpayer indebtedness shall have • F *pose of determining following rocedtire the notice and demand force andeffect include the following the.accuracy of a report The Commission shall for payment of a as the entry of a provisions: of fixing any liability the assessment 3eficiency in tax judgment rendered by the A. ENFORCEMENT under such tax propose established by (a) a Circuit Court.This entry AND COLLECTION: provisions, may make an" of tax due plmu,penalties, 1 ?roposed assessment shall constitute'. the Next on the agenda was to consider appointments to Boards and Commissions. The City Recreation Commission recommended Jim Pendleton and Dennis Riggins to another five (5) year term. The term ends December 31, 2004. The Commission recommended Brian Fry to fill unexpired term of Coach Kirk Bock. Motion was made by Alderman Taylor and seconded by Alderman Swaim to accept the appointments. The Council followed with a unanimous vote. Next the Public Facilities Board recommended Dr. Kenneth James to fill the unexpired term of Ed McKinney. Alderman Taylor seconded by Alderman Swaim made a motion to accept their recommendation. The Council followed with a unanimous vote. Next was a report on the Millennium 2000 Steering Committee from Kathy Gifford. Kathy told about the Millennium coins that the Women's League has for sale for raising money. Kathy told about some of the activities that would be going on at the big Millennium party on New Years Eve. Kathy said they are going to bury a time capsule on the Court House lawn. Kathy said they would have hot chocolate and cookies on the Court House lawn. There will be a fireworks display at the River. The Christmas display on the River will be free that evening. She said Leadership Crawford County is still alive and well and she said it was going good. Kathy said the group will be meeting at the Pepper Source lake house on Tuesday, October 19, 1999. Next Marjorie Armstrong gave a report on the archaeology work being done on the Phillips Landing project. Next Mayor Riggs said he wanted to bring up an item before the Council. The suggestion to relocate some of our offices to the Building where the Dollar Store is located across the street from the Municipal Complex. He said that the City is running out of Office space and they could get this space for the next two (2) or three (3) years for $ 1757.00 per month. Alderman Swaim said we could probably build a building in a short while. Earl Robinson spoke for the Church and explained their offer to the City to use the building. He said the Church would not be using the property for a few years. He said it looked like a win, win situation to him. Alderman Swaim said he would like to think this idea over and talk it over. Mayor Riggs said he was looking at immediate relief for space. Earl Robinson asked if they would let the Church know as soon .as possible so that if the city doesn' t want to use the building they can go ahead and let someone else have it. Alderman Taylor suggested they go ahead and let someone else have the building if they wanted it. Alderman Swaim said by the next Council meeting they would make a decision. Next on the agenda was the Treasurer 's Report. Motion was made by Alderman Swaim and ,seconded by Alderman Taylor to appropriate the sum of $670,027.54 to pay expenses and salaries for September 1999, presented by the City Clerk-Treasurer. The vote on roll call was unanimously carried by the City Council. _443+767• 6+ X286,495..14+or the Cit L; . Q.ks�r --6,747-50+ 2+ period April Of Van Buren __ .767• • KoI -G9.31a•��. Treasurer's9RepootApril 30, 1999 007 2s318•a6+ Year TO Date d23.5o3.53s Last Month :_u_r2zurlti.Tnth Receipts - e --GENERAL FUND-__ Year To Date This Month Beginning Balance Property General ained Acct $545 State Turnback - Ge ,477.30 Sales Tax Tax (City General) ($2,352.82 Franc Proceeds $170,048. ) $.00 $545,477, Court 09e hise dace $547 $•00 $25,093.26 25.093,80 26 ($2,352.82) $2 30 urt Fines uses 943,72 $5,251 .21 $195,352 82) Privil inspection Fees $173,986 15 $178,486 , 142.06 Lice $73,652,50 $57,245.07 $728$5,251.21 Rezoning uses $98,889,31 $1,650 62 $231 '429.79 �v�l Receipts $20,374.08 $69,192.00 $71 231. 77 081.35 Act misc833 Rece�laims $1,039.00 $7,499:04 $168,302.50 Interest General pFund $790.6 $515.00 15 $27873.23 Administrative $9,762.98 $•00 0 $1 ,554,00 Rei nistrative Jus ($85 $195,87 $10,00 Police mCo. Share Mun Justice Fund $2,844.80) $11,062.81 1 1 062.8 $9$7 86.63 Miscellaneous Grants Ct. $144,065, 62.98 Insuranceepus Revenue- $3,741.32 $29,967.50 29$96�, 81 ($74, 754 09) _ Miscall Rejmburseme P.D. $49,441.86 $.00 $1$4,215.71 County Share RevenuenF.D. $10,090.57 $35, 781 , ,032.62 • e/Mun. Ct. D• $673.88 O4 $3, 741 .32 == Total Experts $2.00 $532.00 $85,222.90 Receipts ___ $10,622, Disbursements ------a_��__-- $2 $673.88 $1,764,664.43 :12- --- i; $2.00F;herSalar1e Adminmin. $425, 190_922_37- .,56 26 --- Fixed Asset ,429.28 .00 Assets General $77,905.73 1.00 Total $100'383. 4 !Ng 1.1_-____!!!_igg 6.50 Administration ----- 4:Z2 -_ _ __ $. 0OtherIXED es - Police $178 -----_ 19.32 Police ,289, 17FIXED ASSETS $53,044.32POLICE $305,413.48 $199,442.00 $231 ,333,49 Total Police $99,268.50 -----$-5-0-5777.67;;---220: _ $861.29 350.00 ___ $1 ,694, 7p $404 68 ,156.17 Salaries - Firemen $505 , 763. 10 $265, 136. 70 265 1 1 .99 ,733.62 Other ,716.77 --____________$_;7.;; __ Firemen _ $2,624.39 $41 .70 FIXEpsafety Hous $223,031.82 $166 726.30 ------_____ $64.00 ASSETS - FI $104,494.25 10449 $672 443, L,991 .75 Fire totalFiremen RE DEPT $1 ' 4.25 e $71,799.98 O7 $920.00 ___- _ 14 $5,459.76 $19,$34. 70,523.06 $124 ,831 .80 -5100 00- $334,508,89 ___-__$.00 $1,557 95 20 10,357.24 $91,693.82------_-$5,459, 76 $426,202. 7j _ $62.08 -----x92.08 Cas.. - otal Cash And Invesu��.. - 1 hereby certify "As a minimum, '•• led prescribed by A osted4 59-1l5 have been �. tt and diligently po •ste f%•/ 191-4'1 e. 1 c .1,G(', l.i's.;'>., Fire Marshal,, Building In"'2- :/i" I ?Y1d K��� uditCiY':1.UI"fl { :,� ( rlt�:.,,� for I... �, l:i(.,cnc.. Comcn -e>on "1-''' 1. were 11 4. ... GunnNr 4:1(f1� Gly x(11 f t�I Council CGffl i a :c J.C1 ii"1 CJ �./ ,I,.l� �1.i; uI_! L talked tothe State Fire Mei Sf1c�_7. ;;`114 that the, ,,i ' 4J ii no reason '. A I could riot get his privilege license. Mr. Gunn said he sharpens lawnmower blades and did not have lawnmowers in the building. He said what he does is not dangerous. Carolyn Folsum, store owner of the Soap Factory on Main Street spoke for Mr. Gunn and s:`3 .' his business was not a fire hazard. She said the town has a lot of empty buildings and thinks Mr. Gunn should be allowed to do his business there. Building Inspector David Martin said this is riot a zoning issue. Chief Dennis G:ilstrap said he does not feel that it is a safe business to do in this area, according to the fire codes. Attorney Candice Settle said that Mr. Gunn would need to contact the State Fire Marshall and she would work with him on this matter. There being rio further business motion was made by Alderman Swaim seconded by Alderman Spoon to adjourn. The meeting adjourned at 5:50 P.M. APPROVED: ATTESTED: MAYOR 60-1-1-;/-1 CITY CLERK-TREASURER