10 October 2001 Regular I
MINUTES OF THE VAN BI REN, ARKANSAS
CITY COUNCIL MEETING HELD OCTOBER 15, 2001
The City Council of the City of Van Buren, Arkansas met at 7:00 p.m.. Monday, October 15, 2001. 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 Swaim. Parker. Moore, Taylor, Pitchford and Barker. City attorney Candice
Settle and City Clerk Barbie Curtis were also present. This made a total of nine (9) present. A quorum was declared.
The Invocation was given by Reverend Ross Devers. Pastor of Karis Restoration Center.
Next the Mayor led the Pledge of Allegiance.
Next the Mayor made a presentation to James Shelton, retiring after several years of work for the City Street
Department. The Mayor thanked James Shelton and ga\-e him a plaque for all the work and service he had done for
the Van Buren Street Department. James said he thanked everyone from the City of Van Buren and thanked his boss
Don\iullens. Don also thanked James and told him to come back and visit in the future.
On the agenda next. Mayor Riggs asked to adopt the minutes of the Council Meeting on September 17. 2001.
Alderman Parker seconded by Alderman Swaim made a motion to approve the minutes of the Council Meeting as
printed. On roll call the following Council members voted aye: Alderman Swaim, Parker, \loore. Taylor, Pitchford
and Barker. The following voted nay: none.
Next on the agenda was a public hearing and to consider an ORDINANCE \ \.C_1TI\G .S M) :SLBAND \G
PORTIONS OF A STREET IN AZURE HILLS ESTATES IN THE CITY OF VAN BUREN, ARKANSAS.
The Clerk read the Ordinance the first time in its entirety. .Aderman Swaim moved that the rules be suspended and
the Ordinance placed on its second reading. The motion was seconded by Alderman Taylor. On the Clerk's calling
the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Taylor. Pitchford and Barker. Nays -
None. 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 Taylor 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 Swaim, Parker, Moore. Taylor, Pitchford and Barker. Nays - none. 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 \layor declared the Ordinance open for discussion. There was
none.
The Mayor then put the question, " Shall the Ordinance pass " Motion was made by Alderman Taylor and
seconded by Alderman Swaim to adopt the Ordinance. On the Clerk's calling of the roll the following vote resulted:
Ayes -Alderman Swaim, Parker, Moore. Taylor. Pitchford and Barker. Nays - None. The Mayor declared the
motion carried as there were six (6) ayes and (0) nays. Four(:L)votes being necessary for passage.
THE ORDINANCE WAS GIVEN THE NUMBER 22-2001
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Next on the agenda was a public hearing,and to consider an ORDINANCE VACATING AND ABANDONING
PORTIONS OF THIRD STREET IN THE CITY OF V: N BU REN, ARKANSAS. The Clerk read the
Ordinance the first time in its entirety. .Aderman Swaim moved that the rules be suspended and the Ordinance
placed on its second reading. The motion was seconded by Alderman Taylor. On the Clerk's calling the roll. the
following vote resulted: Ayes - Alderman Swaim, Parker, Moore, Taylor. Pitchford and Barker. Nays - None. 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 Swaim. Parker. Moore, Taylor. Pitchford and Barker. Nays - none. 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. There was
none.
The Mayor then put the question, Shall the Ordinance pass`'" Motion was made by Alderman Taylor and
seconded by Alderman Swaim to adopt the Ordinance. On the Clerk's calling of the roll the following vote resulted:
Ayes -Alderman Swaim, Parker, Moore. Taylor. Pitchford and Barker. Nays - None. The 7-layor declared the
motion carried as there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage. •
THE ORDINANCE WAS GIVE\ THE NL7IBER 23-2001 .
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Next on the agenda was to consider an ORDINANCE REGULATING TAXICAB SERVICES IN THE CITY
OF VAN B!'REN, .ARKANSAS. The Clerk read the Ordinance Title and was interrupted by the 1,Iayor, due to the •
length of the Ordinance. .alderman Taylor moved that the rules be suspended and the Ordinance placed on its
second reading. The motion was seconded 1w Alderman Swaim. On the Clerk's calling the roll, the following vote
resulted: Ayes Alderman Swaim. Parker. N Iuore. Taylor, Pitchford and Barker. Nays -- None. The \layor 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 Taylor. On the Clerk's calling the roll, the following vote
resulted: Ayes - Alderman Swann, Parker, Moore, Taylor. Pitchford and Barker. Nays - none. The Mayor declared
the motion carried as there were six (6) ayes and (0) nays. Four (4)votes beimg necessary for passage. The clerk
then read the Ordinance the third and final time. The Mayor declared the Ordinance open for discussion. The Mayor •
f
r;
I
said the Council members need to check on the rates for the passengers. Alderman Parker said maybe they should
evaluate at a certain time each year to regulate the rate. Alderman Swaim said in Fort Smith recently. with the fuel
cost being so high, they alloyed for adjustments for fuel rates. Alderman Parker said she withdrew her suggestion. `
The owner of the Cab Company asked for the Council to put a non smoking regulation on the Ordinance. City ]
Attorney Candice Settle said she did not put a none smoking provision in the Ordinance. Alderman Swaim said the
operator of the Cab service should determine if there should be a no smoking rule. Alderman Taylor agreed with
Alderman Swaim.
The Mayor then put the question, " Shall the Ordinance pass?" Motion was made by Alderman Swaim and
seconded by Alderman Taylor or to adopt the Ordinance. On the Clerk's calling of the roll the following vote
resulted: Ayes —Alderman Swaim, Parker. Moore, Taylor. Pitchford and Barker. Nays — None. 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 GIVEN THE NUMBER 24-2001
201 t 201 ` 201 `EG"`s 201 `'''G"`5
Published in the employed by such d. Complaints or Surety bond. "
October 17, • 2001 operator and the hours comments may be No permit,to ppet;6�te a
issues of the Press each driver operated directed to the City taxicab shall be issued
Argu vier • each vehicle. Clerk's Office, 474- by the City Council until.
CI ,SAN BUREN, (b) Such daily records 8936. the applicant for permit
ARIOANS)S shall be maintained by (b) The driver is files with the citylC erk a
ORDINANCE NO. '24- each operator at its required to furnish bond signed by a
2001, ' permanent place' of request information corporate surety
An ordinance regulating business for inspection about fares. authorized to do
taxicab services in the by the public, including Receipt for fare. business in the state,in
city of Van Buren.. any agents or officers of Upon request by any a form approved by the
WHEREAS, There is a the City. passenger, each driver City Attorney, in the
growing need for (c)Annual report. shall furnish a receipt amount of Five
taxicab services in the dWithin ten ( 10 ) showing the amount of Thodsand Dollars
City of Van Buren;and days before or after the .fare charged point of ($5,000.00) conditioned
WHEREAS, Taxicab first day of January,and pickup and delivery and upon such applicant for
services are currently the first day of Julyof name of driver. permit establishing,
operating in the City ofs each year, ach Alternate route, extra maintaining and
Van Buren;and operator shall deliver to fare. continuing the proposed
WHEREAS, It is in the the City Clerk of the In every instance that a service until such time.
public interest that the City a sworn statement passenger is to be as the permit issued to
City of Van Buren Containing the following taken to his destination applicant is cancelled,
regulate the operations information: by a course of travel withdrawn or has
of said taxicab services (1) Operator's business other than the most expired. If the
for the public health and ortrade name. direct possible, the fails to comply with the
safety; (2) Operator's correct driver shall so advise provisions of the bond,
NOW THEREFORE, legal entity and, if a .the passenger. The the City shall forfeit the
BE IT ORDAINED BY .. ••ration,the names, passenger shall then bond as compensation
THE CITY COUNCIL a..teases and Interestsavh a the opportunity to to the City for loss of
OF THE CITY OF VAN of the stockholders in not travel with the applicant's service.
BUREN,ARKANSAS: the corporation and the taxicab. Every operator Transfer.
Section 1: names and addresses and driver shall‘ be No permit issued under
Definitons. of the executive officers permitted to provide a the.provisions of this
For the purposes of this of the corporation. special,direct,service in section shall be sold,
article, the following (3) Operator's business such instance,and such transferred, assigned,
words and phrases address and telephone operator shall charge leased or otherwise
shall have the number. • $herefore a fare of not disposed of wit putt
meanings respectively (4) A ,list of vehicles more that, nor less consent of the
ascribed to them; Used by the vendor than, fifty cents ($0.50) Council.
Driver shall mean any during the preceding six in addition to the regular Privilege license tax
person who actually (6) months period (a fare provided herein. - and permit fee.
drives a taxicab compiled list of.the daily Required. (a) Each taxicab
whether for himself as permanent record may No taxicab operator operator shall pay a
the operator or as an be submitted as shall commence the privilege license tax and
employee of 'the compliance with the activities of operating a permit fee to the City,in
operator thereof. requirement of this t axicab within the City lieu of any other
Operator shall man subsection). - until that person has occupation license tax
any person who makes (5) A'list of all cab applied for and been imposed by this Code,
use of an employs drivers with their granted a permit for that for each taxicab
taxicabs in a business driver's license number purpose by the City employed and used by
for profit,whether or not for the preceding six(6) Council the operator during any
such person actually months. Application> calendar year according
owns the .taxicab so Identification of vehicle. The City Council may to the following
employed; provided, Each and every grant permits for the schedule:
the term does not operator of a taxicab operation of taxicabs in (1) First taxicab, per
Include a,-driver who• shall cause the t rade or the ,city, upon written year .$75.00
pays a consideratiorr. ; . tress name of the. application. The (2) Second taxicab,per'
a taxicab operator: f ab op nalrtd .a 'verified by oath and (3)on shall be year
Thi and
the furnishing _'df taxicab robe
common business consisting.of<rio more shall contain the subsequent taxicabs,
facilities for more than than two.92) numerals;; following: per: - ___ year,
(3) A description of the (3)A sign maintained on to oe
Taxicab shah mean.ea vehicles the interior portion of Attorney,rt orate • • I Applicationfor Permit,
rrhotor•driven vehicle vehicle's•make' the vehicle in prirmt of by licensed t0 (a)An application for a
seating �, •,, sufficient size to ysiness in this ,, permit shah
stesnitted
b� riot in en legible by ich bond shall writing to the City
used for the of seven(7)passengers ned cab nun*war. passengers which shall 'derk, ton ft. provided,
transpoitation -01, ( name r'Arid n the. Information lment d• for by the City Clerk
ipoisof each driver set forth ih-item;@• and payment of property. Purpose, for lit taxicab
provids*�+Ai11ty I the l set hsrth in dafiage and Pam drivers�
not I include
temp she and the rear of a in Urias in the earns Such appliCallOn
nota each taxicab in subsections band c.;_ manner and to the (b)
have a seating capacity contrasting colors and a. Dar's name, ;acme extent as hereto shot,'
in excess of in letters and numerals photographand taxicab in the case of i
anttlli' hat IC
not .Cess than'four (4) g an insurarrc'e :tp
passengers ,employed b. Taxis are controlled;
WI bansportirig persons inches in ofhevehicle.
icele. - ,4 his
over a regular s�bnditbn of vehicle. by City ordinance; (c)°lt ' I (1)
c.Zone fare map; ematihrety, in Ileu.
of : 0 sf iPhai) of a policy of insurance yd t
Furthermore, t S�mi drive f the personlegal entity or such bond, "suGh f i
shall not include any MAW drive a tng 'owner ma provide of e. ,:44‘s,'7'1!. ''. f° yes
private or publicly lication. proof of self-insurance the which is , in an license
bus or mini unsanitary condition or (. ). The , proposed for both properly ThIstreuatm
busbre transportation is mechanically unsafe. business address of the damage and bodily sat
system. The Mayor, 'or - his appl clan injury, by
3 A sta t Of facts A. y a 71-19-1
Penalty, revocation of designated :.agent,d to' O OT. del
pennait hereby authorized to showing $. Such prv�of shall cow &'
bt
The_failure to comply order any operator and 4 I t4 render of ceRificathon ae to r Me
With. any requirement /or drive to immediately ser�of° }. by • the ( ) ' kw +
'eorraiirtad in-rimie section discontinue the use of a t axicab doge 'I * appropriate departmentor hi
for any person,operator any vehicle as a taxicab the facts which 'ire o the State. aPilktalas�
-, . specconsiders tojustifype
aor cct y the of ddeessii•designated unsanitaryrequire The license and`
any org the renden bo privilege
opt, wrdtions havebeen the public of slubh .
} perrnR tee ==.-..".:,),„,�"
herein is remedied and /or until service. provided for herei
n
shed
de��red be lawful, such vehicle is in (4) the be due and Payeon a s
and any person sufficient mechanical applicantcomply the first day of January f�'' Cay
convicted of such -condition to be i �h all provisions of ,. of ;< ttdai''- e. or
unlawhii act shall be successful reinstated. this article and with all y da
deffined of a The-provisions of the other city ordinances tet' y ;tact
guilty In preceding and laws of the state ,
in sentence regulatingi oR'
addition to the penalty shall be in.addition to taxicabs. year and a a til
provided for any other penally or (5))Heng. Council in the amvuM of
fo City
commission
mi�f any the this remedy o�ovided r in shall hold a public {t percentof
beyfifteenth of the following
prohibited by this Fares generally. hearing on the assleSsed, for any calendar year. As part
section,or the failure to The fares shall be application for a permit payment tirade after of renewal
comply with any of the charged by taxicab r by the Jar&uary tib. The prooedufb, such pereon
requirements any
this operators and drivers Previa of this payment .. .t he shall submff werson
section or the supplying within the city shall be entitle shall cause a privilege Metres tax anyi evidence of of
of any false information established by the City notice` suchu pubilc Permit fee shall liean
to the City with Council from 'time, to hearing to be p bl she 6eised 4nfhe numbdr of examination by
reference to this section time and kept on file in in a newspaper having taxicab'employed and state policedepartment
by an operator or by an the office of the city general circulation in used by the operator on within thity (30) de
ys
applicant for an Clerk. the city at least one (1) January first of each prior fo `file date ys
operator's permit shall Quotation of fare. time at least seven (� calendar year No Ph101 application for renewal.
f
be grounds for the In every instance of days prior to the date of operator shall add an Canon;
Council to withdraw and pickup of passenger for such public hearing and additional taxicab to the An issued taxicab
•cancel the permit of 1 delivery the driver shall shall cause of written total number for which a driver's permit shall be
such operator or t o immediately after notice of such hearing privilege license tax and
decry a permit to such pickup determine and to be given to all taxicab permit fee has been ininsu that hos
applicant, suit the quote to the passenger operators holding Paid until the °relator the
license
commission of any act the fare for the service. permits from the City. shall have paid for such ed thSate
prohibited by this Upon request by any After such - public additional taxicab a for ,I,4
n Sltate is
section or the failure to passenger, each driver hearing, the City privilege license tax andcan jell or otherwise
comply with any of the shall request from the: Council, in its permit fee in the n
requirements of this dispatcher a discretion, shall amount of a pro rate dsCTION 2:
ued.
section or the supplying confirmation of the fare determine whether the' portion of the fee and If S any. section,
of any false information to be charged, if the public convenience and tax established by subsecny, subdivision,
to the City with taxicab operator utilizes necessity requires the subsection (a) above
reference to this section a dispatcher and brio granting of the according to the clauseagraph,rase sentence,
by a driver or by an way radio application. number of months, or hr rt
applicant for a driver's communication. Insurance. parts thereof, remaining
r 'thereof is for any certificate shall be (a) Before commencing in the calendar year at ,
grounds for the City Signs. to operate a taxicab, reason held to be
the time of application. unconi INtlonal or
Clerk to revoke the (a) Each operator and every operator shall Minimum age. invalid or Ineffective by
driver's certificate of each driver shall cause deposit with the City It shall be unlawful for t
Clark a i of liabilianycourt of competent
any driver or to deny a - � the following signs and pa cY ty any person undrer ju such �
certificate or renewal of information to be insurance, or a twenty-one (21) years ur ice shah affect
certificate to such maintained in each certificate of Insurance, of age t o drive or the validity orf
applicant.. taxicab operated and I issued by a responsible operate ata b upon effectiveness of the
DAILY RECORDS. driven: insurance company the public streets,alleys remaining itl portions
(a) everyrator of a (1) A copy of the zone duty licensed to tn3hsact or other pubdd wys of this Orn Hance or
taxicab shhall prepare map hi a size of at least such business in the the City;and it shall be part y
and maintain a fourteen (14) inches by State,such insurance to unlawful for army,person, PASSEDthereof. AND
permanent daily record twenty (20 )inches and be in amounts as to empty,hire or.permits APPROVED THIS
with reference to this a copy of the fares required by A.C.A§27- a person; who is less 15TH DAY OF
business operation authorized to 2001,. be 22-104. Such policy than t*enty-one (21) OCTOBER,
which shall contain the charged shall be shall'provide that it may years of age to so drive MAYOR J OCTOBER, -V01.
IS
following information: maintained in each not be cancelled without or operate a taxicab. ATTESTED:
(1)A complete list of all taxicab and shall be first giving the City Permit required.vehicles , .Curtis
used in the - subject to inspection at Clerk ten(10) days No person shall drive a B Barbie
.,.'' the request of any written notice. taxicab for any taxicab iCLERK/TFtEASURER
(2) The names of the passenger. (b) In lieu of such operat who does not
owners of such vehicles (2) A sign maintained Policy, of insurance, have valid, current
if not owned by the on the interior portion of such ownermay file a permit from the City
retor, and a the vehicle in print bond, in a form Council for that
eOm of the easily legible to a approved by the. City purpose_.
ownership passenger entering the
arrangement with cab, which states the
reference to such fares established under
vehicle. this section. 1
Next on the agenda was to consider an ORDINANCE AUTHORIZING THE ISSUANCE OF 51,560,000
WATERWORKS AND SEWER SYSTEM REVENUE REFUNDING BONDS, SERIES 2001, BY THE CITY
OF VAN BUREN, ARKANSAS; AUTHORIZING A TRUST INDENTURE SECURING THE BONDS;
AUTHORIZING THE SALE OF THE BONDS AND THE EXECUTION OF A BOND PURCHASE
AGREEMENT; PRESCRIBING OTHER MATTERS PERTAINING THERETO; AND DECLARING AN
EMERGENCY. The Clerk read the Ordinance Title the first time and was interrupted by the Mayor, due to the
length of the Ordinance. Alderman Taylor moved that the rules be suspended and the Ordinance placed on its
second reading. The motion was seconded by :\ldeiman Swaim. On the Clerk's calling the roll, the following vote
resulted: Ayes Alderman Swaim, Parker. \•loore, Taylor. Pitchford and Barker. Nays - None. 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 Taylor 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 Swaim, Parker, Moore, Taylor, Pitchford and Barker. Nays -none. 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. There was
none.
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 of the roll the following vote resulted:
Ayes -Alderman Swaim, Parker, Moore, Taylor, Pitchford and Barker. Nays - None. The Mayor declared the
motion carried as there were six (6) ayes and (0)nays. Four(4)votes being necessary for passage.
Motion was then made by Alderman Swaim and seconded by Alderman Taylor, that the Emergency Clause be
Adopted. On the Clerk's calling the roll, the following voted aye - Alderman Swaim, Parker, Moore, Taylor,
Pitchford. Nays - Alderman Barker. The Mayor then declared the Ordinance duly passed and signed the same in
open Council, duly attested by the City Clerk.
THE ORDINA:\CE WAS GIVEN TIIE NUMBER 25-2001
Published inithe October 17,2001 ISSUE OF THE PRESS ARGA-COURIER
CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO.25
AN ORDINANCES,AUTHORIZING THE ISSUANCE OF THE$1,560,000 WATERWORKS AND SEWER
SYSTEM REVENUE REFUNDING BONDS, SERIES 2001, BY THE CITYOF VAN BUREN,
ARKANSAS,AUTHORIZING A TRUST INDENTURE SECURING THE BONDS; AUTHORIZING THE
ALE OF THE BONDS AND THE EXECUTION OF A BOND PRUCHASE AGREEMENT;PRESCRIBING
OTHER MATTERS PEERTAINING THERETO;AND DECLARING AN EMERGNCY
WHEREAS,pursuant to the Constitution and always of the State of Arkansas,including particula cite
local Government capital improvement Revenue Bond Act of 1985,as amended,the City of Van ,
Arkansas is authorized to issue its bonds to finance capital improvements to the City's waterworks and
sewer system(the'System'),to pledge the revenues to the System to the repayment of the+bst and
to issue bonds to refund bonds issued for such purpose;and
WHEREAS,the city has issued the following bonds secured by revenues to the System:
Name of Bonds Purpose of bonds:.
Water revenue Bonds.dated July 1,1955 Financing improvements to the
$931,500 Water and Sewer Refunding and Financing improvements to the System
Improvement revenue Bonds dated October 1,1963 and refunding the 1956 Bonds
• $500,000 Waterworks and Sewer Revenue Bonds, Financing improvements to the System
1972,Series
$1,887,000 Water and Sewer Revenue refunding and Financing improvements to the System
Improvement Bonds,Series 1978 and refunding the'1963 Bonds and the
1972 Bonds
$3,070,000 Water and Sewer revenue Refunding Financing improvements to the>System
and construction Bonds.Series 1989 : and refundirno the 19788onds
Witter and Sower Revenue Ronda Series 1995 Financing in prnvementa to the Systrish}
$2,580,000 Water and Sewer Revenue Refunding Advance refunding the 1989 Bonds:x„µ
Bonds,Series 1995 •
$5,880,000 Water and Sewer.Capital Improvement and Financkng'Mnprovements to the Systeiw
Refunding Revenue Bonds,Series 1999 and advance refunding the 1993 Beitlds
4,
WHEREAS,the City has determined that it can achieve significant interest savings by refunding tiq-1995
Bonds and,to provide moneys this purpose,the City has determined to issue its Waterworks and Sewer
System Revenue Refunding Bonds,Series 2001,dated November 1,2001 (the'Bonds'),in the prIrdpal
amount of$1,560,000;and •
WHEREAS, pursuant to Ark. Code Mn. (Reps. 1998) § 14-164,418, the Bonds shall have the-sante
priority-of fiery on the revenues of the System as originally pledged for payment of the 1995 Bonds,i.s.,
on a parity of security with the 1999 Bonds;and
WHEREAS,the city has made ar)pngements for the sale of the bonds to Morgan Keegan&c onipeny,
• ,inc:',(the'underwriter'), pursuant tit a Bond Purchase Agreement,which has been presented to and is
Wore the meeting;and
WHEREAS,the City desires to accept the underwriter's offer to purchase the Bonds and to authorizeihe
' issuanc)e of the Bonds and the execution and delivery of various documents pertaining to the issuance:of
the Bonds and the execution and delivery of various documents pertaining to the issuance of the Bends;
and
WHEREAS, a Preliminary Official Statement, dated October 3, 2001,,offerhhg the Bonds for sale-has
beert resented to and is before this meeting;
NOW,'THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY.OF VAN BtifiEN,
ARKANSAS,AS FOLLOWS;
Section 1. The issuance of the Bonds in the aggregate principal amount of $1,560,000 is hereby
authorized.for the purpose of refunding the 1995 Bonds, ad the Mayorand City Clerk are ttovaby.
authorized to execute,by manual or facsimile signature,and deliver the BBoorato orupon the drectbtof
the Underwriter.The Bonds shall-be not general obligations of the city,but shall be special obigans,
,payable from and secured by the revenues of the System.Pursuant to Ark,Code Ann(Rept.1aaB)'4-
164.418, the Bonds shall have the same priority of lien on the revenues of the system as originally
pledged for payment of the 1995 Bonds,i.e.,on a parity of security with thel 999 Bonds.The Bonds shall
be dated November 1,2001,and shall be issued in the form and denominations,shalt be numbered,.and
' be `faopilonin - • • prior to maturity all upon ,terms and conditions set forth lathe
Ali eirnsrh ar+d ,Jai re which are Rr• authorized below.The Bonds
s = i mature pie dates-,,�►u !,a andshall bee, ; `fates as follows:
Due September 1 Principal • Interest rate ,
2002 $130,000 2.50% . . ,
190,000 2.75
22004 + .195,000 • ' 3.10 .
2005 195,000 3.30
2006- 205,000 3.50
2007 • 210,000 3.75
2008 • . 215,000 4.00
1.
2009 220,000 4.10
Section 2. The Bonds shall be sold,pursuant to the specific terms and conditions set forth in a Bond
Purchase Agreement;dated October 15,2991 (the'Bond Purchase Agreement"),between the city and
the Underwriter,for the purchase price of 98.80%of the principalamount thereof,plus accrued interestto
the date of purchase.The Mayor is hereby authorized and directed to execute the Bond Purchase
Agreement on behalf of the City in substantially the form submitted at this meeting.
An executed copy of the Bond Purchase Agreement shall be filed in the permanent records of the-City
and kept by the City Clerk
Section 3. To prescribe the terms and conditions upon which the Bonds are to be executed,
authenticated, delivered, issued, accepted, held, and secured, the Mayor is hereby authorized-end
directed to execute and acknowledge a Trust Indenture,dated as of November 1,2001,by and beths9On
the City and Citizens Bank&Trust Company,as Trustee,and the City Clerk is hereby authorized;iend •
directed to execute and acknowledge the Trust indenture and to affix the seal of the City thereto,and:the
Mayor and City Clerk are hereby authorized and directed to cause the Trust Indenture to be accepted,
formexecuted,and submitted at this by
the Mayor and Citythe Trustee.The Trust lCerk arenture is hereby aauby�thorized,uroved npon the advi4p of
bond counsel, to confer with the Trustee and the Underwriter in order to complete the Trust Indenture
with such modifications as shall be approved by the Mayor and City Clerk,their execution to consitute
conclusive evidence of such approval.
Section 4.There is hereby authorized, ratified and confirmed the preparation an distribution to various
prospective and actual purchasers of the Bonds of the official Statement dated October 15,200 d
the Preliminary Official Statement dated October 3,2001)in the name of the City,Describing the oils the
Bonds, the System, and the Trust Indenture and setting forth such other information as' mis.ppe
determined to be necessary or desirable. The Mayor, for and on behalf of the city, is authorized-to
execute the Official Statement,an executed copy of which shall be filedin the permanent records,gf the r
CSection 5. The selection of Rose Law Firm, a Professional Association, as bond counsel M e
appointment of Citizens bank&Trust Company to serve as Trustee rare hereby approved.
;;a
Section 6.All actions heretofore taken by the City and the Underwriter in connection with the ofter,and
sale of the Bonds are hereby in all respects ratified and approved. .
Section 7. The City hereby calls for redemption prior to maturity on January 1, 2001, the outstaz ing f;
1995 Bonds and instructs trustee for the 1995 Bonds to provide notice of the redemption. :', f
Section 8.The Mayor and City Clerk,for and on behalf of the City,are hereby authorized and direc)to €
do'any and all things necessary to effect the•;execution and delivery of the Bonds,the Bond Purolinse i
Agreement,and the Trust indenture;thed4elivery,and distribution of the Preliminary Bial
Statement and Official Statement; the execution�and delivery of such other papers and docclntti+ts
necessary to effect the issuance of the Bonds and the refunding of the 1995 Bonds, inoliidliig,
particularly, an•undertaking to make available certain financial information and operating daft:spin
request and to provide notice of certain events; and the performs ce of all acts operating data tlpbn
request and to provide,notice of certain events; and the performance of all acts of whatever-n8tgre
necessary to-effect and carry out the authority conferred by this Ordinance. The Mayor and t herGHtyl'
Clerk are hereby further authorized and directed,for and on behalf of the City, to execute all paper's,
documents,certificates,and other instruments that maybe required for the carrying out of such authosity
or to evidence the exercise thereof. ,I-; €.
Section 9/.The City Clerk shall maintain,as a part of the minutes of the meeting at which this ord3S pce i
is adopted,and in the permanent records of the City,for Inspection by any interested person,a qop2f,of
the Trust Indenture,the Preliminary official Statement,and the Bond Purchase Agreement.
Section 10.The City thereby declares its expectation and intention that bonds issued and to be isst&espy
the City during calendar year 2001 wilt not In the aggregate exceed$10,000,000 in principal amount-And
the city hereby declares the-Bonds to be' tax-exempt obligations'within the meaning of on ii
265(b)of the internal Revenue Code of 1966,as amended. -
1
Section 11. Emergency Clause. The City.Council hereby determines that the City of Van Burerf,can
achieve significant Interest.'Wrings by refunding the 1995 Bonds; that an appropriate way to a sieve
such savings is by the Issuance of refunding_bonds payable from revenues of the System as authefited
by the Act;and that this ordinance shall be given immediate effect so that such savings may be saeedied
as soon as possible. Therefore, an emergency is hereby declared to exist and this ordinances$ln9
necessary for the immediate preservation of the public health,safety,and welfare,shall be in fullf4Orce
and effect from and after its passage and approval. - • -,:tor.
ADOPTED:October 15th.2000
Mayor John Riggs • s;,
Attest h
By:Barbie Curtis
City Clerk t �r
(Sea0 ... _..:
On the agenda next was to consider a RESOLUTION ACCEPTING THE BID OF ODB COMPANY ON A
NEW LEAF LOADER AND LEAF BOX FOR THE STREET DEPARTMENT. The Clerk read the Resolution
in its entirety. Alderman Swaim seconded by Alderman Parker 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 ave; Alderman
Swaim, Parker, Moore, Taylor, Pitchford and Barker. And the following voted nav; 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 10-1-2001
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. )o —I -2001
A RESOLUTION ACCEPTING THE BID OF ODB COMPANY
ON A NEW LEAF LOADER AND LEAF BOX FOR THE STREET DEPARTMENT.
WHEREAS, The Mayor has advertised for bids on a new leaf loader
and leaf box for use in the Street Department; and
WHEREAS, Bids have been received and reviewed as required by
law; and
WHEREAS, The Council feels that the bid of $16,986.00 with leaf box
from ODB COMPANY is the best bid:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF VAN BUREN, ARKANSAS:
THAT, The bid of $16,986.00 with leaf box from ODB COMPANY
is the best bid and is accepted.
THAT , The Mayor is authorized and directed to purchase the
•
same out of the Street Fund.
PASSED AND APPROVED THIS 15TH DAY OF OCTOBER , 2001
PACT
YOR 4,'
ATTESTED:
i3cout:e &eitzto.",
CITY CLERK-TREASURER
On the agenda next was to consider a RESOLUTION AUTHORIZING PARTICIPATION IN THE MAIN
STREET ARKANSAS PROGRAM. The Clerk read the Resolution in its entirety. Alderman Swaim seconded by
Alderman Taylor moved that the Resolution be adopted as amended to be null and void if the Main Street Program
was not approved. The question was put by Mayor Riggs on the adoption of the motion and the roll being called, the
following voted aye; Alderman Swaim. Parker. Moore, Taylor. Pitchford and Barker. 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 10-2-2001
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO./0 - 02 -2001
A RESOLUTION AUTHORIZING PARTICIPATION IN THE MAIN STREET
ARKANSAS PROGRAM.
WHEREAS, The Main Street Arkansas Program has been created to assist in the
development of a public-private effort to revitalize their downtown
areas, and additional Arkansas cities will be selected to participate
in the project in 2002;and
WHEREAS, The Main Street Community has been formed in an effort to be
selected for the Main Street Arkansas Program;and
WHEREAS, That the specific goal of the Main Street Community is the
economic revitalization of the Downtown area, providing
economic benefits to the entire City;and
WHEREAS, A commitment by the City of Van Buren to the Main Street
Community is in the best interest of the citizens of the City of Van
Buren.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VAN BUREN,ARKANSAS:
SECTION 1: That the City of Van Buren shall commit ten thousand
($10,000.00) dollars per year for the next three (3) years to the
Main Street Community for capital improvements to public
property in the downtown if Main Street Community is accepted I
into the Main Street Program.
PASSED AND APPROVED THIS 154'DAY OF OCTOBER,2001.
laTO
ORIGG I
Ptet
i
ATTESTED: .t
4,,,,ti-,_, 60-ftx2,- 1
CITY CLERK/TREASURER
I
I
i.r
Next on the agenda was the Treasurer's Report. Motion was made by Alderman Swaim and seconded by
Alderman Pitchford to appropriate the sum of S617.956.47 to pay expenses and salaries for September 2001.
presented by the City Clerk Treasurer. The Council followed with a unanimous vote.
.F. -233,716.52+ . City Of Van Buren
Area-- 64.924.45+ e period September 1, 2001 to September 30, 2001
p.,R - 7,154.42+ Treasurer's Report
Larasu_8,893.48+
,IWIe-3,267.60+ Year To Date Current Month Year To Date
005 Last Month Amount This Month
617,956.47*,
GENERAL FUND
Receipts
Beginning Balance $595,729.52 $.00 $595,729.52
Retained Clearing Acct. - Ge ($2,352.82) $.00 ($2,352.82)
State General Turnback $233,864.55 $23,090.39 $256,954.94
Property Tax (City General) $82,238.60 $.00 $82,238.60
Sales Tax Proceeds $1,769,357.11 $254,357.24 $2,023,714.35
New County Sales Tax Proceed $976,102.67 $137,973.66 $1,114,076.33
Franchise Tax $627,480.04 $121,128.43 $748,608.47
Privilege Licenses $103,945.50 $100.00 $104,045.50
Court Fines $264,213.17 $33,088.75 $297,301.92
Inspection Fees $76,921.96 $4,753.20 $81,675.16
Pet Licenses $813.00 $.00 $813.00
Civil Small Claims $5,637.94 $743.88 $6,381.82
Misc. General Fund $31,667.80 $58.36 $31,726.16
Interest $2,935.48 $237.03 $3,172.51
Administrative Justice Fund $488,750.29 $71,280.39 $560,030.68
Reimb. Co. Share Mun. Ct. $42,710.24 $3,649.89 $46,360.13
Vision 2010 Revenues $4,125.00 $.00 $4,125.00
Garage Sales $4,650.00 $525.00 $5,175.00
Phillips Landing $7,500.00 $.00 $7,500.00
VBMU 1/2 Cost City Eng. Exp. $13,949.69 $3,934.85 $17,884.54
Reim. From Co. Sales Tax-PD $59,596.71 $3,884.37 $63,481.08
Cobra Insurance Payment $13,679.10 $2,087.70 $15,766.80
Police Grants $73,799.97 $5,189.00 $78,988.97
Child Protection Fund $464.99 $3,466.25 $3,931.24
Miscellaneous Revenue-P.D. $4,414.60 $100.00 $4,514.60
Insurance Reimbursement-P.D. $9,813.26 $2,444.18 $12,257.44 ,
Juvenile Transport $12,241.00 $2,466.00 $14,707.00
Miscellaneous Revenue-F.D. $242.07 $.00 $242.07
Donation/Camera $6,111.00 $700.00 $6,811.00
Act 833 Money $20,497.11 $.00 $20,497.11
UNCLAIMED LIABILITIES ACCOUNT $133.50 $.00 $133.50
Total Receipts $5,531,233.05 $675,258.57 $6,206,491.62
Disbursements
Salaries - Admin. $244,483.86 $32,694.46 $277,178.32
Other - Admin. $59,767.35 $3,072.54 $62,839.89
Phillips Landing $42,304.68 $4,192.20 $4(,496.88
Engineer Supplies & Expenses $6,839.83 $219.22 $7,059.05
Engineer Survey Supplies $757.92 $25.15 $783.07
Engineer Vehicle(Gas, Maint) $622.86 $.00 $622.86
Engineering Services $75,272.35 $4,186.56 $79,458.91
Accounting Consult Fees-FEMA $7,439.98 $44.17 $7,484.15
New County Sales Tax Transfer $645,102.83 $19,697.27 $664,800.10
Riverfront Property Purchase $40,380.81 $2,873.31 $43,254.12
On the agenda next was appointments for Boards and Commissions. The Mayor said the Municipal Auditorium
Commission recommended Diana Peer to another term of five (5)years and the Housing Authority recommended
Mr. Lewis Ballard to fill the un-expired term of Mr. Mark Toothaker. who resigned due to relocation. Alderman
Taylor seconded by Alderman Swaim made a motion to accept the recommendations. The Council followed with a
unanimous vote.
Next Police, Fire, Fire Marshall, Building Inspector. Municipal Court and Engineer's Reports were presented for
filing.
Next was any item from any citizen present. There was none.
Next was time for Miscellaneous and General Discussion. The Mayor said he would like to get permission from !'
the Council to purchase a new lift truck. The NIayor said that he and the Street Department Superintendent. Don
Mullens had discussed a lift truck for the Street Department. He said the lift on the Street Department truck was
worn out. The Mayor said they need the lift since they use one a lot. The Mayor said they had found a 96 model
diesel that had 160,000 miles on it, for S32,000. Alderman Swaim said those miles would not be a problem with a
diesel. Alderman Pitchford said if the lift and equipment was in good shape the truck was worth the money. Don
Mullens said there was another truck that was a 1994 model that also had 250,000 miles on it and he said the price on
it is $16,000. Alderman Pitchford asked it the newer one had more safety things on it. Don Mullens said it had safety
lights and other things they can use, to be better equipped for their jobs. Alderman Barker asked how much the
truck would be used in a year. Don Mullens said they use the truck quite a bit for banners, Christmas lights, tree
limbs, and various other projects. The Mayor said they may come back and make a recommendation for the next
Council meeting. Alderman Pitchford said that the older model may be just as good as the later model. Mayor
Riggs asked about a trade in and Don Mullens said they would not trade. Alderman Swaim said for the Mayor to try
to trade for it.
Alderman Swaim asked about the Fire Truck and Mayor Riggs said it was in. Fire Chief Teasie Harris said the
truck was not in service yet, but would soon be ready.
There being no further business Alderman Parker seconded by Alderman Swaim made a motion to adjourn. The
meeting adjourned at 7:40 p.m.
APPROVED:
ATTESTED:
MAYO
CITY CLERK-TREASURER
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