09 September 2002 Regular MINUTES OF THE VAN BUREN, ARKANSAS
CITY COUNCIL MEETING HELD SEPTEMBER 16, 2002
The City Council of the City of Van Buren, Arkansas met at 7:00 p.m., Monday, September 16, 2002, at City
Hall. The meeting was called to order by Mayor Riggs, presiding Officer. On roll call the following members
•
\1 Taylor, Pitchford and Barker. City Attorney
answered as thein names were called: Alderman Swaim, Parker, Moore, present. ACandice Settle and Deputy City Clerk Connie Hyatt were also present. This made a total of nine (9) p .res
quorum was declared.
The Invocation was given by Ron Reading. First Baptist Church Activities Director and Van Buren School Board
Member.
Next the Mayor led the Pledge of Allegiance.
\1a .or Riggs welcomed everyone and said he would like to thank everyone that was involved with the 911 service
that was held September 11, 2002. He said he thought the program was fabulous and it gave them a time to look
back at what happen in New York City and remember all the lives that were lost. He said also it was a time to honor
our Police and Firemen and the emergency workers who put thein lives on the line for people everyday.
On the agenda next, Mayor Riggs asked to adopt the minutes of the Council Meeting on August 19. 2002.
:\lderman Swaim made a motion to approve the minutes. Alderman Moore seconded the motion. On roll call the
following Council members voted aye: Alderman Swaim. Parker. \Moore. Taylor. Pitchford and Barker. The
following voted nay: none.
On the agenda next was to consider A RESOLUTION AUTHORZING THE MAYOR TO ENTER INTO AN
ADMINISTRATIVE SERVICES CONTRACT WITH WAPDD TO ADMINISTER AHTD GRANT
PROJECTS. The Deputy Clerk read the Resolution in its entirety. The Mayor asked if there was any discussion.
There was none. Alderman Taylor seconded by Alderman Swaim 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 Swain. 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
• Deputy City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NI.`MBER 9-1-2002
•
CITY OF VAN BUREN,ARKANSAS q
RESOLUTION NO. —1 -2002
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN
ADMINISTRATIVE SERVICES CONTRACT WITH WAPDD TO ADMINISTER AHTD
GRANT PROJECTS.
WHEREAS,the City of Van Buren,Arkansas,has applied to the Arkansas State
Highway and Transportation Department(AHTD)and has been awarded funds for an Arkansas
Transportation Enhancement Project:and
WHEREAS,the City of Van Buren,Arkansas,recognizes the need for assistance in
administering the AHTD project funds in compliance with the Arkansas State Highway and
Transportation Department regulations and State and Federal Statutes:
NOW,THEREFORE,BE IT RESOLVED that the City Council hereby authorizes the
Mayor to enter into an Administrative Services Contract with the Western Arkansas Planning and
Development District,Inc.,for the purpose of administering the City of Van Buren,Arkansas
AHTD grant project.
PASSED AND APPROVED THIS !(0DAY OF t ,2002.
Mayo Jo • 111
ATTESED:
kkca
City Cluk
C C(en
I
on the agenda next Naas to L()n,idev .1 REM)IA:410 Ai I 140k ill tit= I Hi'. 1IA) OR l 0 P.-1 -ITS
PORTION 07 TIIF COST THF7ROJI'CT FOR SIGN ;Ti TZATTON ON ILCIRl.N.Y 64. The e Dei,,;ry
Clerk read the kes()ii,ii()n in its eniir4ii' the Mayor asked it them: -w<is any tilsois•)i>i). I lieie was none.
Aidki man
Swaim Secit 'Ctl 1i AI(61 ? .1" T'. r ;- tit�(l that the Resolution ' e ,d tried. Hi question \ acs put 1 \i,,or 2ii ac
- -
on the adoption of the inouon and die i oil being called. the following voted aye: Alderman Swaim. Parker. Moore.
Taylor. Pitchford and Barker,, 1nd tIv following voted nay: none.
i.
The Mayor thereupon deep red the Resolution adopted and si°,Iisu the ':,solutio11. \\ill.ii \\as atksted av the
I)eni.itY City Clerk and imnrec ed xyith the seal of the City.
rift: REsoi,t I I.O\ WAS (fIVL\ THE \t 1ilW R 9-2-2002
CITY OF VAN BUREN,,ARKANSAS
RESOLUTION NO. 4-a -2002
A RESOLUTION AUTHORIZING THE MAYOR TO PAY ITS PORTION OF THE
COST OF THE PROJECT FOR SIGNALIZATION ON HIGHWAY 64.
WHEREAS, The Council previously expressed its willingness to utilize federal-aid
monies for signalization on Highway 64 in the City of Van Buren and to
pay a portion of the cost for said project;and
WHEREAS, The Arkansas State Highway and Transportation Department accepted the
bid of Traffic & Lighting Systems, Inc. in the amount of$269,139.10 to
complete the project;and
WHEREAS, The City's portion of the cost of the project is$26,914.05;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS:
THAT, That the Mayor is authorized and directed to pay $26,914.05 to the
Arkansas State Highway and Transportation Department representing the
City's portion of the signalization project on Highway 64.
PASSED AND APPROVED THIS �'- DAY OF SEPTEMBER,2002.
i
1
I
iiM��AAV JUHN RIG(
ATTESTED:
C
c-1: , cam11 C. k—
i
4
jiI
t
k
r.
On the agenda next ti\as t,:, ctm‘uter .k 1.0:SOLUTION A( ('F:I' 1`1NG 1111: KM OF .1 1\1tr S ) 0I NG FOR
t
LICIT TILT WAS R :\IO\TI) FROM I'IXI ) .°. •�,I I•S. The Deputy
Clerk read the Resolution In its entirely. The flavor asked if there vvas any disLussion. l here ‘‘as none. Alderman
Swaim seconded i :' ;1: 2:111,1 '7: 4.1-,.:1' ??toyed that the Resolution t-.;: adopted. The Llii:._ct;n:1 l': 44 put 1)1 \favor Rios
on the adoption of the mono, and the iu ii being called, the jvliovyiiig voted ave: AIdel.na11 S a;lrl. Parker. Moore.
Pitchford following voted nay: none.
Ia':Laytonttehfi�rel and Harker.;-3ar}:�et � = 1 rhe f �g
The \layor thereupon deehited the Resolution adopted and signed the I .:i
elu.iun. G%hli 't`.:1 attes. d b\ the
Deputy Cit- Clerk and impre,s.ed with the seal of the City.
I,-
1111 14.St)1:1_ 11O1\ WAS (T11 1._N 11-14', Nt Nil-1ER 9-3-2(11)2
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. 1-3 -2002
A RESOLUTION ACCEPTING THE BID OF JAMES YOUNG FOR THE PURCHASE
OF A CITY VEHICLE THAT WAS REMOVED FROM FIXED ASSETS.
WHEREAS, The Mayor has advertised for bids for the sale of a city vehicle that was
removed from fixed assets upon the recommendation of the Auditors.
WHEREAS, Bids have been received and opened as advertised;and
WHEREAS, The Council feels that the bid of James Young is the best bid;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS:
1
THAT, The Bid of $1,200.00 by James Young for the sale of a 1993 Black
t Chevrolet Lumina Sedan that was removed from fixed assets is accepted.
PASSED AND APPROVED THIS I�D DAY OF SEPTEMBER,2002.
1
.441
MAI I = RIGGS
ATTESTED: -
11
iCIT-
i i
4
3
I
,i
i
44I
4
1
1
�1
I
on�iri .Sf}I i l It
tmttlrr a}�,�_nctanh..tL ^,I77s��t� ,_ .. �r �7�i• }N .>I-t'1Zf�\ ( '�4 A"� 1 �� K.r 1S1�: IN H . f'f}NIRA( I�
PRICE FOR THE S.T.FR`�='X31 STT;Fi 1 PROJECT. T ,_ `l `. 1.1.1, 1,.,'„ ,,1 it _ P. ..,.,.i )n in .s endrel he 1.
\1a.or asked if there yv.as an diSCUS.ioii. i here v as none. .v4ici1ilail Scy aim seconded i)V ,dderIllali I ay101'moved
1., 7 t Ti, was put it 1 T. -fiton tl .J l n the motion tall th roll that the R��t)::�.t ��si tib tt�n�l,-�l ,, ,,-1:-,tion ��_4 t' �.a\C�i _�.1� 1 � _ } 1 of -}?:' 1<<
being called. tllc IUiio‘\ing voted arc: .-iidcltllall $ ann. Parker. Aiooie. iaviol. i'itc1d iU and Barker. And tile
following voted nay none.
The May0r thereupon declared til.. R uluti01l adopted and siLaied.i :iii I ,...-,oluu n. l\illtil W :as .nested by the
Deputy City Clerk and impressed with the -seal of the City.
THE RE'S01,t _I.I()\ 1V AS GI ii;.\. "I HE N1 iH HER. 4-5-2002
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. 4- -2002
A RESOLUTION APPROVING AN INCREASE IN THE CONTRACT PRICE FOR THE
SHERWOOD STREET PROJECT.
WHEREAS, The Mayor has advertised for bids for the Sherwood Street Project;and
WHEREAS, The bid of Harris Company in the amount of$113,977.14 was accepted by
the Council;and
WHEREAS, Due to unforeseen circumstances, the amount to complete the street
improvements has increased;
1 .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS:
j SECTION 1: That the increase of$4,005.96 to the Contract with Harris Company for
Istreet improvements is hereby accepted.
SECTION 2: That the Mayor is authorized and directed to pay for same out of the
Street Fund.
PASSED AND APPROVED THIS - DAY OF SEPTEMBER,2002.
..1
4 MAYO J N RIG AA`
ATTESTED:
1 CO'M---j, 'WA-A4N
--i -etTY-eL-ERKFFREA-SURER-
0 -0.41-,,,l,.t c.1 CIei.J�
a
i
9
1
I
t )n the aeerl(ta ne:At .k\;is to consider A RFsOI t I ION ;\I I iit)14.!/.1N4 = t Flit \i:\\ I)I I t_P t SF, FUNDS
FOR TITE ONSTR- TO_:\ Ctr. T , DF POT P.ARN, .\' TTTORT?TNG '' T F AI.1\, O.R TO ENTER INTO
A (:O l RAC 1 OR . R( I II FE('.i t R I, SER\ I(TS. ANI) i)7 I I1,R \L I I WS. 1 he Deput\ Clerk read the
'1 \ + 1 ] ' i' <<. s. , h ' I "ton Ill,:r, t1 , `loci,;., ii:er lan `1v\aii i
It� i''iitln_t ;t: ti _'al t\ � �. � A t � C t: til f
seeoilded h\ ,k. let titan l'aikec taikieed dial dim I...;suiuu n b, adopted. lit, tiu:.al1oll i\,as put h\ ia\UI RigUS on the
c1opt;nn ;lT the IrotiOr and +i,.,' ,•(--,il bin r _a11:.rt the f711(,+,W-in, y()tell_ 'It.,. ,AICh."rn1?' SSS airn. P1rtet. N lonre T`avlor.
r r + x
1). i. 77
1 illiul, Lt and lialct�L1. :t:l�i 1ilL lU :)w1i1 \i.t,.ti .i.t'c . 11Vii .
the \Iavnr thereunon declared the R,.soi?atinn adopted and signed the Resolution. which was attested hy the
Depit Ci. ?W'iii < <.d imples',e.' ,\il';t 11l: ,e.11 of the (I::\
'?'rTT' PT CPT i:''70:\-- WAS GIVEN TTT3 NT-AMBER 9-1-200/
CITY OF VAN BUREN,ARKANSAS
��
RESOLUTION NO. "1-q -2002
A RESOLUTION AUTHORIZNG THE MAYOR TO USE FUNDS FOR THE
CONSTRUCTION OF THE DEPOT PARK, AUTHORIZING THE MAYOR TO
ENTER INTO A CONTRACT FOR ARCHITECTURAL SERVICES, AND
OTHER MATTERS.
WHEREAS, The City of Van Buren has applied to the Arkansas State Highway
and Transportation Department (AHTD) and has been awarded
funds for an Arkansas Transportation Enhancement Project;and
5 WHEREAS, That the cost of the project is approximately$110,000.00,of which
1 the City is responsible for$10,000.00;and
I
l WHEREAS, That the City is responsible for the contracting of architectural
1 services as part of its portion of the project;and
1 WHEREAS, Three (3) responses to the request for qualifications for
architectural services have been received;and
1 WHEREAS, The statement of qualifications of Biggerstaff, Minden & Hall, is
the most appropriate for this project;
j
i
t NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VAN BUREN,ARKANSAS:
SECTION 1: THAT the Mayor is hereby authorized to expend $10,000.00 for
the construction of the Depot Park;and
1 SECTION 2: Mayor
THAT the is herebyauthorized to enter into an architectural
contract with Biggerstaff, Minden & Hall, Architects & Planners,
of Fort Smith,Arkansas,for the design services of the depot park.
PASSED AND APPROVED THIS I& DAY OF SEPTEMBER,2002.
I
1
j
MAY JORIGG
rk
I ATTESTED: ,
OA
� ,r ;
a
1
.1
m.
r
1
t
(fin the a�:=zilchn
' c\t \\ to :;;
is to .Nt RS()Lt i ION ,\PPRO l\( \. I:N( Kl'._st1i.. i\ I i-1V. 11 t)N..1 K.\Cl'
T1
R PTI '5,F
� , t1 ^�r-Z f 7A TE D p . 1 l ,. +.':1'1 ir: its ltiretV', The:
PRICE FOR 1 't�� V 6 i f' ��: _.,_}� __ TENTS. The ��;:i\ t�l.:r,c i � � -
\la\or asked it iliac l\as ,no. di ti•sion. ‘hierinan I avlor asked why the increase. Brad I iaidckin t, it-\ !igmeer t
x i_ cL� I♦ . l holt 7, 'i I moved Mat the
,aid that 1f \`,' t `st% . + _ :' c.i _ _11.1-1,-,e. i .�171i:.t1 Swaimse'. C A � lV,
Resolution be adopted. i Ile question .t.\as put h Nial.or Riggs on the adoption of the motion and the loll being Gild-ed.
the' followine voted ave. Ilde 7T.+n S\`.'din'.. Park:r. I.b ore. Taylor. Pitchford and Harl:e.r \nd the tollowinc,voted
nay: norw.
The \ia\or therctint n declared the ['.e,olutien adopted and signed the Resolution. which was attectecl by the
Deputy City Clerk ;Ii. ', ilnpr sd:it ` i`. l '1:> ,cal of :de City.
THE :REY-MT T-1 `. IV \S CIVE,N THE Nl.\1i11-TT 9-6-2002
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. I`(9 -2002
A RESOLUTION APPROVING AN INCREASE IN THE CONTRACT PRICE FOR
PHASE V STEET IMPROVEMENTS.
WHEREAS, The Mayor has advertised for bids for Phase V Street Improvements;and
WHEREAS, The bid of Wilson Brothers Construction Company, Inc. in the amount of
$1,140,108.35 was accepted by the Council;and
WHEREAS, Due to unforeseen circumstances, the amount to complete the street
4 improvements has increased;
I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
1 ARKANSAS:
SECTION 1: That the increase of $15,119.67 to the Contract with Wilson Brothers
Construction Company,Inc.for street improvements is hereby accepted.
SECTION 2: That the Mayor is authorized and directed to pay for same out of the
1 Street Fund.
I(49i
PASSED AND APPROVED THIS DAY OF SEPTEMBER,2002.
1
1
tilaMAY JOmNRIGG�N
CA NAP
31
4 M
ATTESTED:
I
C
:; C-f 1!•i TTVITRr` SiTi]T`^
� cteAj -
1
i
i
1
.
i
(in the agenda next was to Consider A RES()4 I
.I I(rs; ‘t'THOR1/iN(; i H . A1.A\ OR 10 SELL (-l:R I AlN
OWN-ED THE OF \Y ' 'ITN. The Deptit t C?ciis read the Resolution in its cntiren.
PROPERTY (a��'N�.i� l3 � T�2li (ATV V .>� _.�__
Aderman I a\lot seconded b_ .llderman Swaim
elle Mayor' asked it there \t�aS any discussion. lllerZ was none..
' Resolution ut?n be adopted.d. Th.. question \Gad put by \favor n i��s en the ad.vtion of trr� motion and the
moved that the I t t l
roll beim called. the lollown v-tiled in.e. Udeima1 Swaim. i'ai'kei. _Moo.i.:. 1in,lot. Pitehloid and Barker. And the
following voted nay: pone.
lie lla.or thereupon declared the Resolution adopted and ,,lgted ill, Resolution. \\hien \\as attested l71 the
Deputy City Clerk and impressed vy'ith the seal of the Citi,
i"lHE RESOI,t TION WAS (FI\ EN 1 Hl, Nt \IBFR 9-7-20412
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. 4-1 -2002
i
1 A RESOLUTION AUTHORIZING THE MAYOR TO SELL CERTAIN
1 PROPERTY OWNED BY THE CITY OF VAN BUREN.
I WHEREAS, That the Van Buren Municipal Utilities Commission has
recommended that certain property purchased with funds of the
?
1 Van Buren Municipal Utilities Commission be sold.
3
i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VAN BUREN,ARKANSAS:
SECTION 1: THAT the City Council hereby authorizes the Mayor to sell the
i following property:
i
Lot 94 of Vista Hills Addition to the City of Van Buren,Arkansas.
SECTION 2: That proceeds of the sale of said property shall be placed with the
Commission to be utilized for future capital expenditures.
PASSED AND APPROVED THIS 1(044'" DAY OF SEPTEMBER,2002.
MAYI ORJOI GG
ATTESTED:
I.
Cale., Cieitk
i
I
1
1
1
1
(_)n the agenda nes:t vvas to consider .A RESOLt -1 ION At :FHORI/I NG: THE \LAYt)k TO PITR('HASE
PROPERTY WITHIN HIN TIl CITY Or. .i-1N 'WREN,\, :\RK\NSAS. The Deputy Clem, read the Resolution in its
entirety. The \ial.or asked if there was any discussion. Alderman Pitchford said that he had listened to people and
he said that he didn't feel that buying the building yye for the. hesinti t of til,- City and that he thought it was
going to be a money pit. Alderman Parker asked if tll'~ie was an i&rreerlIGllt of how much the fit\ would be
responsible for. Mayor Rig ors said they were lookimet budget tine 2,nd that he told !Tarn. Short. Superintendent of
the Water Department they needed to tweak some numbers. .U.1dcr mlerr Swaim said he understood that the Water and
Sewer Commissioners would commit to the twenty (20) year bond if the proposal to the City to purchase the property
was accepted. Harry Short said that the Bond would be issued lw the Utility Commission and vwould be a Revenue
Bond and they would assume costs and responsibilities arising from that Bond. XII.. Short said he had talked with
Mayor Riggs and it teas a figure around S2.n00.00 :i month IT,': aid the' wanted to secures the ptopc:.ttY and they
were reluctant to do that without the City' s participation. He said they want to bring in an architect so they could get
the things done that ',vas necessary to ,nit the building into first class condition and be something they could utilize
and he proud of. Ilam Short said they would be able to take the 409 N lain Street property and use that equity of
S200.000.00 to offset the purchase price. He said the total with interest at about 2°•0 would be S1.2 million dollars.
Alderman Swaim said in order to make the building a one-stop place and since they are out of spaee in the City
Complex building. he said it looks like some offices are going to have to be put somewhere else. Alderman Swaim
said he had no problem, :yid.) making a motion that the Resolution be adopted. The motion was made by Alderman
Swaim seconded by Alderman Moore 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 eve: Alderman \\aim. Parker. 1\IOOre and
Barker. And the following noted nay. Alderman favlor and Pitchford.
The ylavor thereupon declared the Resolution adopted and signed the Resolution which was attested by the
Deputy City Clerk and impressed with the seal of the City.
THE RESOLUTION I'I(�\ ` AS GIVEN THE NUMBER 9-8-2002
CITY OF VAN BUREN,ARKANSAS
//�� LESS AND EXCEPT:
RESOLUTION NO. Cl'8 -2002
Part of the Southwest Quarter of the Southwest Quarter of Section
A RESOLUTION AUTHORIZING THE MAYOR TO PURCHASE 20, Township 9 North, Range 31 West, Crawford County,
PROPERTY WITHIN THE CITY OF VAN BUREN,ARKANSAS. Arkansas being more particularly described as follows:
Commencing at the Northwest corner of the Southwest Quarter of
WHEREAS, The Van Buren Municipal Utilities Commission has the Southwest Quarter thence along the North line of said forty,
recommended that the City purchase certain property to be South 89 degrees 54 minutes 35 seconds East,751.0 feet to a set
used by the Commission and other City agencies and rebar and the point of beginning.Thence continue along said North
departments;and line,South 89 degrees 54 minutes 35 seconds East 197.60 feet to
an existing rebar.Thence leaving said North line,South 17 degrees
WHEREAS, The City Council believes it to be in the best interest and 53 minutes 26 seconds East 463.55 feet to an existing rebar.
public welfare of the citizens and residents of Van Buren to Thence North 89 degrees 54 minutes 35 seconds West 197.60 feet
purchase the real property described below,along with the to a set rebar. Thence North 89 degrees 54 minutes 35 seconds
improvements thereon; West 197.60 feet to a set rebar. Thence North 17 degrees 53
minutes 26 seconds West 463.55 feet to the point of beginning,
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF containing 2.00 acres and subject to road rights of way and
THE CITY OF VAN BUREN,ARKANSAS: easements of record. Also subject to the West 25.00 feet for a
utility and access easement.Also a 50.00 foot utility and access
SECTION 1: THAT the Mayor is authorized to purchase the following easement being 25.00 feet each side of a center line described as
property and any improvements thereon to be used by the follows:beginning at the Southwest corner of the above described
Commission and other City agencies and departments: tract. Thence North 17 degrees 53 minutes 26 seconds West,
463.55 feet to the North line of the Southwest Quarter of the
Legal Description Southwest Quarter and the point of termination.
Part of the Southwest Quarter of the Southwest Quarter of Section
20, Township 9 North Range 31 West, Crawford County, PASSED AND APPROVED THIS I VI' DAY OF SEPTEMBER,2002.
Arkansas, being more particularly described as follows
Commencing at the Northwest comer of the Southwest Quarter of m III ,j,
the Southwest Quarter.Thence along the North line of said forty, Mpy( i� N RIG et,South 89 degrees 54 minutes 35 seconds East,315.00 feet to an X
cut in the concrete and point of beginning.Thence continue along
said North line,South 89 degrees 54 minutes 35 seconds East, ATTESTED:
633.61 feet to a set rebar.Thence leaving said North line,South 71c t
degrees 53 minutes 26 seconds East 463.55 feet to an existing iron
pin.Thence North 89 degrees 54 minutes 35 seconds West,589.98 ^C
feet to an existing iron pin.Thence North 00 degrees 08 minutes """t"'^"1 `1 Com`\"
03 seconds West,110.91 feet to an existing iron pin.Thence North
89 degrees 54 minutes 35 seconds West,185.00 feet to an existing
railroad spike.Thence North 00 degrees 08 minutes 03 seconds
West,330.00 feet to the point of beginning,containing 6.65 acres
and subject to road rights of way and easements of record.
According to survey by Satterfield Land Surveyors,dated 7/10/97,
Job No.22,473.
-1
I
On the agenda next \\as to eonsider ant )tklJ \-\, \( ►. \t l'Ht)1:121\O ,\ \I()k \ i ( RR NI ON THE
PERMITTING OF SEX T-AI,I Y-ORIENTED BUSINESSES IN THE CITY OF VAN BUREN. The Deputy
Clerk read the t.irdi.nanee the first lithe in its entirety. . Aderman Parker moved that the rules be suspended and the
)rdinance placed on its second reading. The motion was seconded by Alderman I\Ioore. On the Clerk's calling of
the roll the following voted resulted: Ayes: Alderman Swaim. Parker. 'Moore. I aylor. Pitehiord and Basket. Na s:
None. 11 e \favor declared the motion carried aS there Gye''e six (6) ayes and 0) nays. Four (4)votes being
neeessarl for passage. The Ord malice was then lead the second time.
Alderman Moore then moved that the rules he further suspended and the Ordinance he placed on its third and final
readng. The motion was seconded by Alderman Parker. On the Clerks calling the roll, the following vote resulted:
Ayes: Alderman Swaim. Parker. A score. Taylor. Pitchford and Barker. Nays: None. t he \layor declared the motion
carried as there were sL: (6) al,-,-°> and '()) nays. Four ur (-t;votes being neeessar\- for passage. The Deputy Clerk then
read the Ordinance the third and final time. The \•favor declared the (_)rdinanee open for discussion.
The question was put by \favor Riggs "Shall the Ordinance Pass?" \lotion was made by \Aderman Parker and
seconded by Alderman Moore to adopt the Ordinanee. On the Clerk's ,..aling of the roll the following voted resulted:
Ayes: Alderman Swaim. Parker, Moore. Parlor. Pitchford and Barker. Nays: None. The Mayor declared the motion
carried as there were. six (6) ayes aIid (0) nays. Four (4) \oteS being necessar for passage.
Motion was then made by Alderman I"aylor and seconded by Alderman Swaim, that the Emergency Clause be
adopted nhieh on roll call the following voted resulted - Ayes: Alderman Swaim, Parker. Moore, Taylor, Pitchford
and Barker. Nays: None. The Mayor then declared the motion earned as there were six (6) ayes and (0) nays. I he
Mayor then declared the Ordinance duly passed and signed same in open Council. dully attested to by the Deputy City
Clerk
THE ORDINANCE WAS GIVEN THE NUMBER 15-2002
w W `N V1 N.F �•a.1d a_ w � p V C� It
Et� � NO ��b3N �—'•p=W 0��+,.Lrte. tFO �WInXN 3�«d �pC—���� O�� pr. �~XN Vs+ CiLe� iO
� '�j �:mr~ s-C.pN r �� ��}�L�C�U r�wavp�N�CN .ir�" �a���� � �.0 �� a!t�� �d
0, 0 t p�7 W Y r C- —Nat o (" e�- ma c a o M �1 p� � Vs. . V.
- z zivqd� w .4„ 11.2 Eo?§rv1 ciao ahs s = r El 41 11. 2�1 1bttsv3
V<O uzz ttr .. 1 3'i3E .8cru+ E o 1 r QW Q
z O 0 t-far t yv `; iv c a• A toss z c 4- pz .� 40- 66<
C� o N $ ' Et�` f� i �—�i, v � _
�6 �' ��oo�u� p'S'�� �E E:E�4m c 2°1 —`�� � r�, t$ >
, ,
4
On the agenda next was to consider an ORDINANCE .Al"TII()RIZING TIIE. MAYOR OF THE CITY OF
VAN BLREN TO ENTER INTO A SUPPLEMENT "TO FINAL SETTLEMENT AND RELEASE
AGREEMENT WITH THE CITY OF FORT SMITH the Deputy Clerk read the Ordinance the first time in its
entirety. Alderman Swaim moved that the rules be suspended and the Ordinance. plated on its Second reading. The
motion was seconded by Alderman Taylor. On the Clerk's calling of the roll the following voted resulted: Ayes:
Alderman Swaim, Parker. Moore Taylor, Pitchford and Barker. Nays: None. The Mayor declared the motion eanied
1 as there were six (6) ayes and (0) nays. Four (4)votes bemrm necessary for passage. I he Ordinance was then read the
second time.
A
Alderman S\yan"r then moved that the flutes ,le, tinnier suspended and the t lIdnanee be placed on its third and
final reading. The motion was seconded by Alderman Taylor. On the Clerk's rk's calling the roll the tollo\\In" vote
resulted: Ayes: Alderman Swains. Parker. Moore. Tailor. Pit;,hiold and Baiket. _,ays. _yone. The Mav or declared
the motion carried as there «-ere (6) ayes and '()) nam,. lour (4) rotes being necessary for passage. The Deputy
Clerk then -eat. the Ordinance the thn- i and final tlllle. The Mayor (lc:Jared the Ordinance open for d15eussion.
The question was put by ,Mayor Riggs "Shall the Ordinance Pass?" Alderman Barker asked how this carne about.
He said it couldn't have been easy. 141.r. C.F. D()i.'gan, Chairman .)f the Puar ': of Municipal Utilities spoke to the
`t Council explaining how tlic\ arrived at lice t)rdinanee. \ii. Dougari said hi the final settlement and release agreement
that v.as entered into in December of 2001. the City of Van Buren had been taken out of litigation with the City of
t
t f
- is -t g things i\.itil'.7 to l to I1 ai e lir. She said if #.
had jumped titri agh : lot i; j - ;tet s i ``-4-� and had . �ltl
they didn't ha\e the Emeroencv (.'rause tileA would nave to \viii another thlltv t - !) day period. AIr. kt Priem said it I-
s } 1 i t. thing done ?�_.1 �
was a long drawn out pr( cdure t+) is :t thl-+ ugli the l ou v rod. e said t i y tried to tset e I
through the County and to the Coun:)1 fast month but the !\a: the ounty acted on things. it didn t happen.
hel `.L a;. I1!1 ace r, ,x On the property.1errttA. Al Piicur' said at this tirii;, then, was a I-..
Alderman Swaim said ,tyt ted ,h::re.,�
load to Pointer Irail and ni the next six (6) months time ,.ould be nioland to annex diet e.
The question was put by \favor Piogs --Shall the ( `tdinar e fast?" \lotion w as made by Aderman Swaim and l
Seconded by .Adelman Taylor to adopt the (_)r-dmancc, i Irl the Clerk's s Baiting of the roll the following Voted resulted:
Ayes: Alderman Swaim. Parker. A Ioore. Taylor. Pitchi«rd and Barker. Nays: None. 'fhe \layer declared the motion
carried as there were six (6) a\es and (0) nays. Four (-1) \otes being necessary for passage.
Motion was then made by Alderman "t aylor and seconded by Alderman Swaim, that the Emergency Clause be
adopted which on roll call the following voted resulted: .Ayes: Alderman Swaim. Parker. Moore. Taylor, Pitchford I
and Barker. Nays: None. The Max or then declared the motion carried as there were six (6) ayess and'O) nays. The
Mayor then declared the Ordinance duly passed and signed same in open Council, duly attested to by the Deputy City
Clerk
TIME ORDINANCE WAS GIVEN THE NUMBER 17-2002
low ary a� ��1en ^t.�er.O.t7t.n ro ary p my v EO m °� art ars '' 91/V ar -
'3 Ec Ecc '� c igs yo
. `� `zror� Hg:sE5iit g��v8.c a u.i•1Wz `3 --0 0Z,DA±z ,n Com..
y..- w s 7 Oar 0—p N ,':a-g. 0O �.
z g E .. tid v Eoz sits na v b a9udi _
°°' id..apO Ogo�c vcct7asc °�� c .+ �'�i�.�, � +tiG" � , �,�� t
tx °any .'5i a`r it' p0a -pEgracE..E �4?�8-6-1E,sw o sol l 'i•o. ar. = 't.
t 1 d N m 7 g
1 ar c•- 08 4 rn fT Wa1,.g P3 oi- 1 1f-111=e-81r As : :;.-i-' ''''''''''
,;;;
d�a3-o��y-,,,�o�o ° .. oma.. rc. m oa. 8�_
ut�,.,181:.2° dsde `` Ogg r�y. t. �o a a. c304i i•i- a & � ,
azur s^ _ G.... .5 4c...11 ii. O i9i o e a z c_z z a
o.,;rn c•E 0�z 1 s�"0 0 '- ems -a- - -z li.525 ro .m S ..,.a rs 44.
�a ebb foo Wc'x°ro.. v-- 5i52521i m E.. E...is/leg-SEP—PIT= 4.0 s 2E 3..
`od.* roes E=rgs L}+tvoc $vo cvo —To= sa',� 505c EituQ 9Ekym�rme 4 .W
ti � k-ls C18.52.6-d g Omtm E-.55 s C5A -.571 0 ct9%0 rkwa m e w a 0�� 4 1
gg 444]]] ,.. ����� ���
�o?O ��c�Ji�vz zov t9i.ng.n«..Su18 ...�33 .• ze., t�EvYmvrroc.�i Sar w
C iltgi g 22 .mYioo�2oare No6gz,rmg-ele`aLg'O•g warvv°rc�.snwro=oary Eetrov tz 'cli-.'a 's.�r.pWA
aaOH zZQ zz Q a,-ro..� N O`y•po .. ocd`-'rccc-aca. m ��� � ooer'� 2 � '��sc
1---'
' Q NW W25/E° ' �N g E-g=s7 n�wa'tp cro 14.0 31 al 4 —8 WU
O z KWC('JH C mar "NOQ T3Q�7g�Q' C t�oC .�0��. 45 �E'p 4QN. °� _IP �. � i'�,' �w1
Lelz r.c<iooa�oQx4NQ' 9cc frsiztx ^t� aE f,V"- -0-.-.-._'EEear�52oEZ —=1g.F. ui V .ffi
�Q�p z :.e ro3 ..d ar ar++�aa39Eo � �. oe
_ 3 42120..82111"=15g. r.W ao '
�� >> °v cmc Lt cd
.-� 1-�0,4. 6C? .N+O�� `W � �+G='ro�� .+— ��y°'•��r N - 7 3.ar� � i= /0k•
- zz.0>.e m aV d2OCro 3 gg> rons:01 E8roVro1 0e2 ..azaz' 4k' GSe4-0 ro 2g 4 3
�. z .4 z-v LQ=:jOC Q.y s .8.000 8s w c= role C Lg C7- 500-1-A d d. 4 . . g.. 1
Sj G7 C �=� 'G i T+ d a+ T '�,•C �O :-i _�' iii3i`�,pS :cv
Q W Q {�O z y E ro � � C .�- .+a+d 4 .O � .+ W
> vzQ y2Q visorswea d .o roy3c.4 O5114=-115.3E-o $ iiEe ro .,
LL�zpjyjz�� z 4'r ...� '� �3•°� �c a�' ro nor ro..�,rd,�=o�: d� v .. oa x�i ��'" � .�.
O w,ir,Z Q.' zQa`ngaboS o.1�cl'°c'".20ftgroad.. 5ro.. 5...a"rgt 4grali oral, Q
�� z V.CWY� vtz�+=a�iUarar�i'o wev. "- �'�t�g�..E,ope.°ar`uj'va�iw3•oce°..�,Qx-•ob,�„� CoOe�zQ�3v sa �t`e
N eaoe;tZ`cl�iz at�v��i�3E o' r'=::tiabicE l iVfo ro Rel ttatii kag idle'«av 83- Ett SZOti>'r�li"1.11`%
1
On the agenda next was to consider AN ORDINAA
NCE MENDING ORDINANCE, NO. 29-1978. The
IDeputy Clerk read the Ordinance the first time in its entirety. :Aderman Parker moved that the rules be suspended
1 and the Ordinance plaeeu on its second reading. The motion was seconded by Alderman Swann. On the Clerk's
1
calling of the roll the following voted resulted: yteS: \Iderrn n Swaim, Parker, Moore. .1avlor. .Pitchford and
Barker. Nays: None. The \laci dcclaicd the itiuiion carried as there \\cue six (6) ayes and (0) clays. Four (4) votes
being necessary for nassa<_se 1 he ()rdinance was then read the second time.
Alderman Parker then moved that the rules he further suspended and the -)rdinan"-e be placed on its third and final
reading. TAlderman motion was seconded by Swaim. On the o Jerk s calling the roll, the following vote resulted:
I Ayes:✓Alderman Swaim. Parker- Moore. Taylor. Pitchford and Barker. Nays: None. The Mayor declared the motion
1 .,:wrirri .is ncc'c y,c1 c sir (6) ayes and (0i uays. Four (4) votes being necessan for passage. The Deputy Clerk then
r said the aril d�ttn,s lie •,.c�: ''..ot i,) aibitial.1_ the items of dispute but
1
Fort Smith. M . )(Ju�3ari .Ili. in t.lt arbitration p�0e ` ti � ''' _ ��
also to settle matters of issue that 1s mild goy er n the w a\ Fort Smith and Van Buren work together and the effect on
Van Buren's rates that it pays fOr water purchased from Fort Smith for the next cnn (20)years, ?Ie said they
didn't want to get ten ( i t)) years down the road and there still be issues that were unresolved. lie said that they
wanted to set in place perimeters ;'n water rates that Fort Smith and Van Buren would be comfortable with in the
future. 1\h. Dougan said as a part of the arbitration process this was a supplement to the thial process and release
agreement which WaS agreed on by the attic, involved in the arbitration process. He said what they were agreeing
upon was a rate model to follow for the future. ire said the rate model would be subject to adjustments directed by
the arbitrators. 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 voted resulted: Ayes: Alderman Swaim, Parker, 1Ioore. Taylor.
Pitchford and Barker. Nays: None. The N layor declared the motion carried as there were six (b) ares and (0)nays.
Four (4) votes being necessary for passage.
Motion was then made by Alderman Taylor and seconded by Alderman Swaim. that the Emergency Clause be
adopted which on roll call the following voted resulted: .\ye. :: .\lderman Swaim. Parker. Moore, Taylor. Pitchford
and Barker. Nays: None. the Ilayor then declared the motion carried as there were six (6) ayes and (0) nays. The
Mayor then declared the Ordinance duly passed and signed same in open Council. duly attested to by the Deputy City
Clerk
THE ORDINANCE WAS C I F.N TUT NT" IBER 16-2002
- tl= .11-ggrr a �� = a t=�r -a1 Ow_ tka _ -45';"'"--:
ie G.
$'L �a 4cLS�sga::o. `�'' £'Ec..� "�'-_"� .t Ens. 'EEr' a � - G
ak1ckgLNL my—Es meq'^6 !. gOap�y= yD. r0OONI-CI�.: Cw --
.1Bbr" a�.,,too ga =d'arro`co.� of _ti°Q` pk....- c
g /222 y-tugar— a�- ar �,
~'c , EQEb" slad rccot;,,.. c Bge oigl ..= 'fir -11"iNtiti c m >i
� Q a co= g141m.8oa aar tic 41 41 g =V i?.
. uj�a�C T�i3'19C Wa+y �i,Yl.=W II=.'' =�+�7 ON�(11 y`..1§4414-42;171 893 o88zeE458o3mE,mcdearnagf cEcU a*2-8m►-aam < G6b+6
I O P-ri c= o"a84i �Ejr ire o�«oic ig.s�or ng `��' ilv bio
yl. t--C G O � O= 41`ti
N- F <W0 .+ -. "`AVE a+ CyiCyy Na+{sa+y(,)2�rLL 1!', �1�'{L_WE V U
13
ONV2F W 132.+ =y VFW�i 7 N ti y _C
iV NOSWZZWt "--.E°
CIN.O+.A�.t°yg ge"Sg= -g'cdm° ill DOAOC. B� ' t
F ti .I y _fir g± .+�< a, ...gy�y Ag ^W C,,,s, s.-
��W �w<C ar� Em.°r''�LEy+..' y �73 yoU� d 3p6gr3����0
WW� jJ V = 3@a°'�''�-Cy .. Abi E4 � £ C �A'CO
mW iE. co=w y;vs=' +' :! S�t'vrEe.,—d oc�v�QOil
Ilzr E- i. -- t -g�S-0.'als EY = asi .. � -ttil1E
sa=� W �=g awLEyid�Ec=5o�i rE�tca2r�$'"E 1 oEVo, o�E
N OOh-OaNALT485i18,11c 38.-123 y..2'..f4Te= A..8..imu 3mufv►a..A a«
O� ext was to consider an ORMN.�N('F. AC('F;P'l'ING THE ANNEXATION OF CERI -1IN
t>n the agenda n
TERRITORY TO THE CITY OF VAN BL WREN, .ARKANSAS, AND MAKING SAME A PART OF THE
CITY OF VAN BI:REN, ARKANSAS AND ASSIGNING ZONING DESIGNATIONS TO SAME. 'The
Deputy Clerk read the Ordinance the first time in its entirety. :iderman Parker moved that the rules be suspended
and the Ordinance placed on its second reading. The motion was seconded by Alderman Swann. On the Clerk's
E41 calling of the roll the following vote resulted: Ayes: Alderman Swaim. Parker. Moore. Taylor. Pitehford and Barker.
Nays: None. The Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four (4) votes being
1 necessary for passage. The Ordinance was then 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:
j _
Ayes: Alderman Swa
un. Parker. Moore. Taylor. Pitchford and Barker. Nays: None. The. Mayor declared the motion
1 carried as there were six (6) ayes and (0) nays. Four (4)votes being necessary for passage. The Deputy Clerk then
t
read the Ordinance the third and final time. The Mayor declared the Ordinance open for discussion. Alderman
Taylor asked why the Emergency Clause was so important. City Attorney Candice Settle said it was because they
[-
I
read the ()rdmance the thud and final time. the .\favor declared the ( )tdmatice open tot diseussron. Alderman
Barker asked howmrieh tlii. would M,..:-:a:e the cost or building_ David Martin, City Inspecto3 said this would not
change the cost. Ire said this Ordinance refereneed a code thafis Out dated. therefore this (irdiname would ciarifY
things.
'rile question was put hl. Ma:‘or Riggs -Shall the (hdiriancc Pass:- :\lotion was madc 1) ;dderman SWiliIII and .
,
seconded by Alderman favlor to adopt the Ordinance On the Clerk's calling of the roll the following voted 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. f our (4) votes being necessary tor passage. .
N lotion was then made lw Alderman Taylor and seconded hv Alderman SWaint, that the Emergency Clause be
adopted which on roll call the following voted resulted: .A.yes: Alderman Swaim Parker, 1\bore. .laylor. and
Pitchford. Nays: Alderman Barker. The Mayor then declared the motion carried as there were five (5) ayes and one ,
CO nay. The Mayor then declared the Ordinance duty passed and signed same in open Coma, duly attested to by
the Deputy City Clerk
THE ORDINANCE WAS GIVEN THE NUMBER 18-2002 .
•
---,----- ----- -..
tnhtinAnttat at.151ba5 ›tg -, 14 .
'
11!::421(114-iel; 111119;Vit - .. - et
. t.o.4.erg-52.,,d.-faraf. :z'Z't'id.'s •TtI•0--ra •
•
(p.z.e tcau eStug_=._ ESaracpz c e4 :/./
.c, Trig$$4,15,4,1=2.25,0 r-s ,go-con z $ le,„;x___- . .
7,421g-
..cEE!,Wpow2a;I. ;411,41.92e-87g
sgE07.5.vIttP-cA vitlIlial -„enEW4
0
-2 ww"tm82geri6TE ...>wt-k) .a>ixgffig,..-e
t3c15.°22La3" e 16 E"lacscw2200. 2Ra90mB4 .
im..:„..000sx 062-arcia a av0 ,_
00.ac0,.00c- _
-w 0...e-6.6,2•11,.usv,s6 0 ,
& ad' dlqltt kgge4 C22g .-16-.0g fit"-20111E1=2".- Aril ',
< ii,T," zatc, dc°,18 22-1" Iti4QWVIA 'Egt-E -050. ing'''' splEw' 1-- :
•
, lt,, cetz (Ts 2.05 4 22 0-034100..,4=0,0 °4--4 tgr= E V E'.-2 1-Q :
= "liaLis- sl'ellUw5li'w,6 «I` -2o VI-Icil.w 4-51.0"- .7—Ofcmcb-33 P.P.: I
(13' 0 0 0-: 'E•5= mv$E211,1-= gc-aBese- /. .71-$ .,6,-,- .,s- -3.SE-E.Er",.2.;
, • z zz.i ocrEtilt817100-0,3 t-01;2„,..5-ccgaii-, --;grg 8f.tB-12-04E' ET:i31 . gc. $
!
*, 16+13 .2 ma 3,,,a2 Tti$ usr,- 5-gilo--_,.0 a T ru)...r.("1 vn.....5,G),..".....2 •210x3.1 .-4
,
Itoo _F..2,-.5-54.0*.s.s gas,,,. ..gz.,-_-8 ...-lici-..ate factii es=s•
1 0/0-ftEVI3A 5.281i35113cotri 53z am azou>0=-....,s ., 4,
I . .
•
1
1 On the agenda next was to consider AN ORDINANCE ESTABLISHING PROCEDURES FOR APPROVAL
i OF PROJECTS REQI IRING OBSTRUCTION OF, BORING UNDER, OR EXCAVATION IN ANY CITY
ISTREET, RIGHT-OF-WAY, OR EASEMENT; PROVIDING FOR PAYMENT THEREOF; DECLARING
1 AN EMERGENCY: A.ND FOR OTHER Pt"RPOSE S. the Deputy Clerk read the Ordinance the first time in its
i
entirety. Alderman S!\ ii.na moved that the rui,:s he suspmd;:d and th.. Ordinancee plad on its second reading. The
1 motion was seconded by Aderman I avior. ( )11 the ( Ierh's calling 01 the roil the. following voted resulted: Ayes:
..
1 .\Merman Swaim, Parker. Nloore. Taylor. Pitchford and Barker. ..\:aVS: None. The Nfavor declared the motion carried
as there were six (6) ayes and (0) nays. Four (4) votes being necessat , for passage. The Ordinance was then read the 1
i
I second time.
i Alderman Swaim then moved that the rules be furthcr suspended and the Ordinanee be placed on its third and
,a
ifinal reading. The motion was seconded lw Alderman I a-vfor, On the Clerk's calling the roll, the following vote
-4 resulted: Ayes: Alderman Swaim. Parker. Moore. Taylor, Pitchford and Barker. Nays: None. The Mayor declared
i
,
,
i the motion carried as there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage. The Deputy ,
i
Clerk then read the (7)rdinance the third and final time. The Nlayor declared the Ordinance open for discussion. Brad
i Baldwin. City Engineer said there was an exemption discussed by the Planning Commission that did not get put in
1 - the Ordinance. He said it was under section 4-B there was to be a provision at the end similar to the one at the end of
I
i section two tin. Brad Baldwin said it should be written no bond Or fee required to repair. replace or maintain an
11111,
I
i
I
„.
existmo (tri\e\\aN 01 an inn!\lo,ira! nronert\- 0\\net. \idermati 1-,aiker asketi It nil,. ‘‘ill 11(1 01 feet ilt, \\ MO .,
. •,• • r,.. c'l ., - C.,- .,....!....., - ' -< ,‘C I,. ''.X- :-. • T.”-- , ,:i >11
);:partill:"1111'.t.: J:IS‘: ;',- -.,1,-•• it,..1 ',. r:. ‘,,... i.... ,.....!,,,: , i'1%..:1", - 1 i,-.;1-,.. -.P. ,. ....i)....,!,,is.1114,.... .,, .. . I., , :% .1,LI ,„paJ,,ii,..1„
, . , ... . , , . . ,
said the\ coordinate ‘\ell \Ali 1:11%.: :-III•kv.:i I h.:1),11•111)ciii. Akio-man 1 sarker ,i:4\eti ii the l ,Mie 001'1I12 11otil(1 he ailecicd.
\li' akiv-in -aid. lb..:; ,,:i .i 1_11. "...,' ,‘, _rv1,',:, . -1 ' -11-,: ,.--.:i::.n\ ,, \:,1.. -. ),,_ , ...cd. ,..1„_ ,..11,..1 ..,iF,.. iii,:it. ini,.iit '\a h
, 1-
oet a narmtie 0111\110 i:, 1\kffkais; ilt Ili, ,. it1 l'it2fit-a-v,,t\ s. _\..It. Bald\uil s‘tid ilieli a k. it'% representitti‘e 11ould. hake
the ability to have a prot‘lern red and '4 end the b : in N,I,o,.-‘,i was .,,,i—i,s,.1,....
,
111.,_ questiott ‘i a, 'int tr, h4 or i\i,,;..?,,, .inali the .,,,,.tilia-.:i....e 1a [•_,.-, 1\lotion\\as made by Aic:
‘i11-11all S1\aim and
i'
seconded by -Mclennan Parker to adopt the ordinance a‘z amended. ( M the (1erk's callin€_, of the roll the folloN\-ing
. ,_ .
voted tesuited: .1\es: .`iderinari S\valm. Palq.ei:. _Nioore. Ta\lor. I).:,cliford and Barker. ..',a- •,,.: 1\,. ..ile. The Ma or
declared the motion carried as there \\ere six (()) ayes and (0) na\:s. Four (4)votes being necessary for passage.
. -,- ., ,
\lotion v\-as then macle b\ Ald,'rrnan SN\ami and seconded 17‘: .1.1deri-nan i a:\,..()r. that the 1...inen.lericy (..lause he
adopted 4‘111Ch on t)11 call the ii)11o:v‘ina voted resulted: .-kves: Alderman S\-Naint. Parker. Moore. l'avlor. Pitchford
_ .
and Barker. Nays: '.`,T.one. 'the Nlavor then deL tared the motion carried as there were six (6) ayes and (0) nays. -11-ie
,,,i
Mal.or then de+.1ared the Ordinance dui\ passed and sigliccl same in open Connell. dul‘ attested to b\ the Dc•paii k. t‘
Cleric
. :
I ill.: OROUSANCI-, \\AS (.;1VV.:s 1TIE 7.\;1 \l UH 19-20412
. .
limilmin="1...
SECTION 2: Fees. That : this Ordinance are met. (b) The city Representa- 'ft-,,,, ,,,,,, ,be m writing
- -...- 'In the amount o' The minimum surety bond tive may order theLpermit of " Ii!,'", ;„....al action as
r as altered by th- shall be, tp the es/1-, tee,p),siispend,Work on , ,,I-V:' - .,- - perniteel.7 7,•the right to appeal to ,.
mil of the city o' mated•e .jOf restoration any job whenever ht shall 'fa ' . the pon- -City Council, whose
,r,i OF VAN BUREN, AR- `' ''• •Arkansas fro and/or of the prop- deem such suspension to co .,' Work Within 30 ,• 1Sion shall be final.
. ti r.i . time shalt be pal...erty,to Its condition prior be necessaott,AO ensure' days Of.notice from.the, ..., ION-8:pemittles,,,i10.
' ' NICE NO 19-2002 at:,"‘ time of applicatio to ,the Improvement or geed Wonr4-efftifti4Itn-the ,city Reoneatetiye, theniatton of any of **A-
MC'ORDINANCE ESTAB- for a permit under / ; $500.00 whichever - is public i . erwise the .City 'Representative,slows or regulations of this
LISH1NG PROCEDURES provisions of this-sectio 1 greater.The bond may be requires such suspension. shall have.the noticompit-I ordinance VIM'O.emeanor n-Punlall'
FOR APPROVAL OF PROJ- except that the fee ma waived for work being ac- (c) The City represents-
ant work repaired*the able as a
REQUIRING OB- be Waived for permits 1.-I complished by the Depart- tive is authorized to give 'M
permittee's expense and with a fine of up to•$
STRUCTiON OF, BORING 'work being accomplis . ments of the City or their all notices,and instru6- shall pursue penalties in L250
UNDER, OR EXCAVATION by the Departments of th-- agents or their contrac- tions with reference to the 00.Each day that said
accordance-with the re--violation continues •shall
IN ANY CITY STREET, City
- of Van Buren or thei forst!,There shall be no work either to the permit; quirements of•this Ordi-'be a separate offense and
RIGHT-OF-WAY, OR EASE
agents or their contrac, bong requked for individ- tee,any agent of the per- -nance. each day -Subsequent'to
MINI-; PROVING FOR tors but the requiremen ual property owners to re- mitee,or to any person in SECTION 6 Street Cross- the first day of the viola-
PAYMENT THEREOF:. DE- for the securing of a per . ,,.replace or maintain charge of the permitted ings.(a)Crossing of exist- tion shall b e punishable
CURING AN EMERGENCY; mit shall hot be waived.'; - 'elating driveway or job. ing streets by open cut by a fine of up to $250.00
AND FOR OTHER PURPOS- Such sumshall be paid in- culvert in residential (d)After all work is corn-
'
,
WIRES, The City has
sufferecl damage to its in-
general fund of the zones(R-1,1172,R-3)
to the
City.Theo shall be no fee (c)When•sterritten ap- shall remove all rubbish,
; methods is not permitted per day.
Meted, the permittee L except under certain con- SECifION 9: Severability.
. o s
diti n when approved by The intention of this ordi-
required i,-for individual plications' plans- con- waste and excess maten- ,the ..ity ...,,,,_,...., , nonce is to repeal Ordi-
frastructure assets as a, property owners to repair, forming to Such subsec- els from the construction , . ,,, ,....,'+'- nonce No.39-199EL The in-
result of unregulated ex-, replace or maintain their tion(4)(a).and the other area and restore the area '
v. ..,of -'' 'avemint y- tention of this Ordinance
Cavation, boring and con- existing drive Way or cul- provisions of this section to its previous condition. be permitted are: , is not to repeal ordinance
struction within its r ights-, vert in residential zones have been duly submitted, or as approved in the per- .
1)When longitudinal utili- No. 21-1973 'and in the
of-way and -easements:- oIt-i,R-2,R-3). . and the fee hereinafter re- git ty lines are located under event of a conflict be-
and SECTION 3:-Supervision. quired is paid, the.City )All improvements shall the pavement;or - tween these ordinances,
WHEREAS.The City is en- That any activity under- .Representative shall ap- comply with applicable 2) When it is deferthiped 1 No. 21-1973 shall control.
titled to just and reasona- taken in accordance with prove or reject said im- laws, rules and regula- by the-city Representatikei The provisions of this ordi-
bie compensation in the this ordinance shall be un- provement within-15 cal- tions. that boring is not possible. nance are hereby declared
form of license fees, for der the supervision of the ender days following sub- (0 if any person,public or (b) All boring under(*fifty to be severable,and if any
any use of the city s bity Rowse 1 mission to him. In the private corporation,utility .streets shall be locate":at provisions shall for any
streets, rights-cf-way and SECTION-Nr(a)- Ere'-. event of rejection the City company, contractor .or -least thirty six •Inchesi reason be illegal or inva-
easements;and . I permit required 4 SU, Representative shall spec- other does faulty work in ;(36")below the pavement lid,such holding shall not
WHEREAS, Establishing section(1)shall be issued. Ify the reasons therefore the restoration and/or re- surface or thirty six (36")1 affect the validity of the
formal procedures for is- the applicant pr his duly and shall permit the appli- pair of the property touts' below the bottom of road-;remainder of this Ordi-
.
Sum" Ilf Perfillts allow-I authorized agent shall cant 'the opportunity to condition prior to the im- side drainage ditches,i name. - -
ing activities. within or submit three copies of a cure said objections. One provement or as agreed, whichever'is a greater,PASSED AND APPROVED
upon the City's streets, written permit application (1) copy of the approved upon, or otherwisela-
;_ . depth. THIS 16TH DAY OF SEP-
. rights-of-way and ease- to the City Representa- application shall be on file tes the provisions a*re- (c) All open cuts of City TEMBER,2002.
.
merits will•ailow the City tive.The application shall in the Van Buren City quirements of this I,
... streets or pavement de- MAYOR JOHN RIGGS
to safeguard the"rights of' contain plans, specifica- Clerk's office with the sur- nance, the City shaltre-' formed or damaged'by'
the City and the public to Norm and descriptions ety bond. . serve the right to • .:to boring shall be repaired in I ATTESTED:
fl0b5tniCted neat City necessary to show the lo- (d) In determining wheth- allow said persion, p 4 C compliance with the ap-,CONNIE HYATT
1 .
ay.
asements rights-of- cation, design-and layout to accept or reject such or private„ corpora :..n,
' ' of • ner _
icatio the CityRep- utility company, c. —c- .proved 'permitand the
the proposed improve- appl ns, Street cut. and Repair Published in the Septem-
NOW, THEREFORE, BE IT Arent and Its relation to resentative shall take into tor or other to do any r-. .
ORDAINED BY THE CITY; the City's streets, alleys, consideration theAbcation ther work in the streets,
ONCIL OF THE CITY OP Jights-of-way, and ease- of existing. publicIttilities rights-of-way, or ease-:
Standards”of the Van Bu- ber 21, 2002 issue of the
ren Street Department. i Press Argus-Courier
SECTION 7: Appeals. Any - - -.
, :BUREN,ARKAN •
,.___Sii•S. • Melts, plans for. traffic and plans for any future ments of the city. , . .
applicant for a.permit may
. I SECTIM 1: rcu"" re" control and a statement, locatWn or reitication of (g) Upon completion an appeal any decrsion of the
puked.That It shall be un- . at appropriate roues
ge • public utilities or otbekus- -clean up of the permit City Representative to the
lawful r.,_ ,,,person, athe by thel'''''-----, site, the permittee shall
Cm- ' will be notified of -time age city. 4,-.0, a- City Planning Commission
'
company Construction 'will- occur, SECTION 5: (a) ma,'City notify the City Represen-. by filing a written notice
, Or..• - . to make or and plans for the restora . Representative may tative of completion and f
0 such Intention to appeal,
' ,, '
1 , case.. triode any exca- Non and/or repair of the, remove al and/or replethe-, readiness for final inspec-
. bore under or property, ' ment of any work,aad/or tion. with the Chairman of the
Planning Commission
obstroction of any street, (b):All persons,.Public4r - —. • '... (h)llf-during the final in- within ten (10) calendar
alley, right-of-way, or private corium/Alen.Oft-. materials -,. ..t,,, . iv spection, the City repre- days following the deci-
easement of this City ty companies,canter/OS noncompliance w, ...- . sentative determines that. .siori to be appealed.If the
without first having Ob- and other seeking a per permit or. p .‘i r ,-_ ,of work and/or material at Planning Commission up-'
tined a written Permit mit shall be required to this section, . , ---. rI ar' the permit site is found to ,
, holds the rejection eld/or
from the Mayor's.author- post a surety bond or pro- der completitin,','' I, ! --, be in noncompliance with' conditions.. or 'imposes.
ized renresentative,hart' vide evidence that such ted work within a _toedtht permit or proVisiOnSof0,0anitionv which are not
.,.. hiafter called the citY ReP bond Is hi forte to insure fiedtime. • this-section then the'di* '-', . ame to the appli-
1 reseitative.- that the requirements of Repiesentative shall noti- cant, the applicant shall
...
Next on the agenda \\as the treasurers Report. A'Iotuln \\as made by Alderman Parker and seconded by
1Jdeiman Moore to t:pprup ate I', sum of S995.413:70 to pay expenses and salaries for August 2t���?; presented by
the Deputy City Clerk Treasurer. the Council followed with unanimous vote.
(.; •- 819,006.78+ PAGE: 1
et -.170,)33.390 CITY OF VAN BORER
LibrM 4,645•77+ TRIAL BALANCE
KA. ._ 1,427•76+ AS OF: AUGUST 31ST, 2002
004
9 9 5,4 1 3•7 0*+ ,„MONTH TO DATE*** '•, YEAR TO DATE .,,
DEBITS CREDITS
A8 ACCOUNT NAME DEBITS �co
ASSETS
-*--.- 0.00 200.00
1000 Petty Cash 58,251.08 148,300.52
1020 Cash in Bank 0.00
1020.10 Cash in Bank - Sales Tax City 0.0069,778.81
15,245.75
1020.18 Cash in Bank - PD Co Tax 56,009.61
16,369.76
1020.19 Cash in Bank - FD Co Tax
0.00 57.17
1020.27 Cash in Bank - Levee 1,178.69 4,093.76
1020.31 Cash in Bank - Parks A Rec 895.09 7,252.73
1020.51 Cash in Bank - Cemetery 805,313.45
96,725.42
1020.91 Cash in Bank - Cap Imp 0.00
0.00
1040 Investments 0.00 0.00
1040.10 Investments - Sales Tax City 0.00
0.00
1040.18 Investments - PD Co Tax 0.00
0.00
1040.19 Investments - FD Co Tax 0.00
0.00
1040.27 Investments - Levee 0.00
1040.31 InveatawmCs - Parks F Rec 0.00
0.00 48,000.00
1040.51 InvestIDeLnte - Cemetery
0.00 600,000.00
1040.91 Investments - Cap Imp 0.00
0.00
1050 Fixed Assets 0.00
0.00
1051 Accumulated Depreciation 0.00
0.00
1 1504 Due from Payroll 0.00
1505 Due From Other Funds 0.00 0.00
0.00
1520 Dun from Street Fund 0.00
0.00
1540 Due From Library Fund
LIABILITIES AND FUND BALANCE
---------_-.:...-----:..._.. 0.00
0.00
2000 Accounts Payable 0.00
0.00
2010 Municipal Health Ins. Payable 0.00
0.00
2030 Colonial Life Payable 0.00
0.00
2040 LOPFI Payable
0.00 35.28
2050 National Foundation Life Ina. 0.00
0.00
2080 Conseco Payable 0.00
0.00
2090 New York Life Ins. Payable
0.000.00
2100 Life Ina. of Georgia Payable 0.00
2130 Garnishments Payable 0.00 0.00
0.00
2135 R. Allen Trust E502355610 0.00
0.00
I.
2140 United Way Payable 5.00 35.00
2150 Parke &Rec. P.O.D. 0.00
0.00
2160 Pre-Paid Legal Services 0.00
2170 F.O.P. 0.00 0.00
0.00
2175 Van Buren Fire Fighters Union 0.00
0.00
2176 Van Buren Firemen Contribution 0.00
0.00
2200 Wage Payable 0.00
0.00
2210 Federal Income Tax WIN 0.00
0.00
2220 Social Security Tax WIN 0.00
0.00
2230 Medicare WIN 0.00
=i 0.00
2240 Arkansas Income Tax W/H
S
A
.
1
I
1
Next was time for appointments to Boards and Commissions. Mayor Riggs said the Van Buren Advertising and
Promotion Commission requested that jean E1hne Deugan be ieappointed to another four (;4) ,ear term on the
Commission.
TheNIayoi' said the \Tt ni.ipal .j;uditoriltin Commission i'.2cpic'sted that .\nitil ibson serve tithe,' five (5)year
tents on the Commission.
Alderman 1 aylor seconded by .ldennan S;T,`iitn made a motion to T'-ant their reque t. _I he Council fnllo.;-ed by a
unanimous \.ole.
Next Police. Fire. Fire Marshall. linildimt inspector. ' .h.stn 1. Court and hnuin .ei' s Reports were presented for
filing.
Next on the agenda :`vas \.tiscellaneous and (i-eneral Discussion. AldeIman Parker asked if maybe in the future the
annexations could be sent to thie Planning Commission before they same the Council. She said e\ei-:'tlling needs to
be checked b: the Planning Commission because the C_'ouneil has no rvay al knowing if theare up to standard. City
\ttorney Candice Settle said it :v-.is being handled by law but she thought maybe the Council could recommend they
LTO before the Plant-ling Conulussion. :tttorne. Settle said she ::ould cheek into this. Alderman Parker asked if this
would take a longer period of time :Mayor Riggs said it takes about a month longer Alderman Parker said she
didn't want people to have to wait a long time but she Said the: Liced to make sure ever thing is up to code.
There being no further business Alderman Naylor seconded by Alderman Swaim made a motion to adjourn. The
Council followed with a unanimous vote. The meeting adjourned at 8:20 p.m,
_\PPR()VED:
ATTESTED:
CITY CLERK-TREASLRER