03 March 2001 Special SPECIAL CITY COUNCIL MEETING
HELD MARCH 20, 2001
A special called meeting of the City Council of the City of Van Buren, Arkansas met at 7:00 p.m., on Tuesday,
March 20, 2001 at City Hall. The meeting was called to order by Mayor John Riggs, presiding officer. Council
members present were Alderman Swaim, Parker, Moore, Pitchford and Barker. City Clerk Barbie Curtis and City
Attorney Candice Settle were also present. Alderman Taylor was absent. This made a total of eight (g) present.
A quorum was declared.
The Invocation was given by Mayor John Riggs.
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 TO SPECIAL
MEETING."
NOTICE OF SPECIAL MEETING
BOTICE 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 the Municipal Complex at 7:00 P.M. on
Tuesday, March 20, 2001, for the following purpose:
1. To review the City's rights under the Agreement
of February 25, 1983, with Fort Smith pertaining
to the conveyance of real property and other
rights to Fort Smith for water suppl pur.oses.
MOW6e./1 ,ik
JOHN RIGG • •
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 20th day of March, 2001,
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.
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 Noti and Co - nt agree that the said
City Councilmen of the City of Van Buren, Ar as, sh ll meet at the time and
place named in such Notice and for purpose st the% n
I, f T.
I
NOTICE OF SPECIAL MEETING
BOTICE 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 the Municipal Complex at 7:00 P.M. on
Tuesday, March 20, 2001, for the following purpose:
i
1. To review the City's rights under the Agreement
of February 25, 1983, with Fort Smith pertaining
to the conveyance of real property and other
rights to Fort Smith for water suppl pur•oses.
Maite/1 a
JOHN RIGG • ♦ r:
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 20th day of March, 2001,
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. �]
L�/4-(Z`ci &tuL
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 Noti - and Co - -nt agree that the said
0
City Councilmen of the City of Van Buren, Ar , as, sh..11 meet at the time and
place named in such Notice and for purpose stl the,in
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The Mayor asked C. E. Dougan to introduce the issue at hand. Mr. Dougan said they had Jim Williamson, John
Barnwell and Jay Floyd with the Municipal Utilities Commission present. Mr. Dougan also said on the
Commission was Bill McBrayer who was unable to be there due to sickness. He said Harry Short, Superintendent
of the Water and Sewer Department was also present. Mr. Dougan said for the past two (2)years they have tried
to reach a compromised position with the City of Fort Smith as it pertains to the City of Van Buren's water rates
and water issues. He said in 1983 Fort Smith approached the City of Van Buren on the participation of the project
of the Lee Creek water impoundment. He said the City of Van Buren's participation encompassed transferring
certain real property which the City of Van Buren owned as well as certain easements, which the City of Van
Buren had access to. Mr. Dougan said that the City of Fort Smith needed to facilitate, at that sight, the building of
lower Lee Creek impoundment and the treatment of water. He said in exchange for certain concessions and certain
rights under the agreement that was drawn and signed by the two (2) municipalities, the City of Van Buren
transferred 20 acres of real property where the dam sight is located and another 150 acres that was innovated by
virtue of the dam being built. He said in addition to that, they transferred various easements that the City of Van
Buren owned and was using for it's our purpose to transmit water from the impoundment of lower Lee Creek. He
said Van Buren had for some fifty (50) odd years, used lower Lee Creek as auxiliary water supply. He said Van
Buren had actually pumped and treated water out of Lee Creek to augment the supply that they were buying from
Fort Smith in limes of inadequate rainfall or when Fort Smith didn't have extra water. Mr. Dougan said the City of
Van Buren not only owned the land they also used the land that Fort Smith needed for the Lee Creek Water
facility. In exchange for that lower Lee Creek impoundment the surplus designation was removed from the City of
Van Buren and the City of Van Buren had equal rights to the water. He said also a perimeter by which the rates for
the water were set for the City of Van Buren and for several years that was the rate the City of Van Buren had paid.
He said in 1991 or 1992 Fort Smith raised the rate 5% straight across to the board for all user classes and he said
nobody objected to that increase. He said there were no more rate increases until 1998 when Fort Smith had a
study done on the cost of services, and that based on that study, the rates were raised again. Mr. Dougan said that
the City of Van Buren was contacted after the fact and invited to participate in the rate study and he said that was
the first the City of Van Buren knew about the rate study. He said that the City of Van Buren's rates were more
than anyone else's and that the rates were again raised in 1999 and in 2000. He said the Municipal Utilities had
been paying the year of 1999 rates but in protest had not paid the year of 2000 rate. Mr. Dougan said they would
like to enforce the original agreement, of which gave the amount that the City of Van Buren was to pay. Mr.
Dougan said they had been in contact with the City of Fort Smith on the matter of the City of Van Buren's rates
being too high according to the agreement that was made in 1983. Mr. Dougan said that Fort Smith was adamant
in their position of the rate increase and that they need to clear up the City of Van Buren's rights, that they owe
that to the citizens of Van Buren. He said the Municipal Utilities Commission feels this should be litigated and he
recommends they file territorial judgement and injunctive relief under the 1983 agreement.
Next Attorney Peter Kumpe, with Williams and Anderson. Attorneys at Law spoke to the Council. Mr. Kumpe
said that he was brought into the matter about one (1) year ago when they were asked to review the 1983
agreement. He said that they believe that the City of Van Buren has substantial rights under the 1983 contract.
Mayor Riggs said they have a recommendation from the Water and Sewer Commission to file suite against the
City of Fort Smith, for the citizens of Van Buren and their legal rights under the agreement of the 1983 Lee Creek
Water contract. Alderman Swaim seconded by Alderman Pitchford made a motion to go with the recommendation
of the Water and Sewer Commission. The motion carried by a unanimous vote of the Council.
APPROVED:
)6, ),
AMSTED:
MAYOR
6.112/&a...
CITY CLERK-TREASURER