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12 December 2002 Regular MIN1'TES OF THE VAN BUREN. ARKANSAS 1 CITY COUNCIL MEETING HELD DECEMBER 9, 2002 The City Council of the City of Van Buren, Arkansas met at 7:00 p.m., Monday, December 9, 2002, at City Hall. Tile 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 Judge Steven Peer. Next the Mayor led the Pledge of Allegiance. Next the Mayor presented a plaque to Alderman Mike Pitchford and Alderman Bill Taylor in appreciation for their service to the City of Van Buren. On the agenda next, Mayor Riggs asked to adopt the minutes of the Council Meeting on November 19, 2002.. Alderman Swaim made a motion to approve the minutes. Alderman Taylor seconded the motion. On roll call the following Council members voted ave: Alderman Swaim, Parker, Moore, Taylor. Pitchford and Barker. The following voted nay: none. Oii the agenda next was to consider A RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE I.I SCA L YEAR ENT)ING DECEMBER 31, 2003. The Clerk read the Resolution in its entirety. The Mayor asked if there was any discussion. There was none. Alderman Swaim seconded by Alderman Taylor moved that the Resolution be adopted. The question was put by Mayor Riggs on the adoption of the motion and the roll being called, the following voted ave: Alderman Swaim, Parker, Moore, Taylor. Pitchford and Barker. And the following voted rias=: none. The Mayor thereupon declared the Resolution adopted and signed the Resolution. which was attested by the City Elea. and impressed with the seal of the City. g TIIE RESOLUTION WAS GIVEN THE NUMBER 12-1-2002 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. Jc' ) -2002 A RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2003. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: SECTION 1: THAT the 2003 Proposed Expenditures of $10,416,470.00 (Ten Million, Four Hundred Sixteen Thousand, Four Hundred Seventy Dollars) is hereby appropriated and a copy of said Budget is attached hereto and made a part hereof; and SECTION 2: THAT the appropriations made herein include additional pay for holidays for all agents, servants, and employees of the City of Van Buren, including, but not limited to, uniformed employees, as 1 provided for by the laws of the State of Arkansas. PASSED AND APPROVED THIS q'- DAY OF L i _ 2002. ATTESTED: q LICA2i0R U � CITY CLERK-TREASURER On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO DISPOSE OF FIXED ASSETS tiN SALE TO THE CRAWFORD/ SEI3AS fIAi\ DRUG TASK FORCE. 'l he Clerk read the Resolution in its entirety. The Mayor asked if there was any discussion. There was none. .Alderman Taylor seconded by ,Aidertnan Swaim moved that the Resolution be adopted. The question was put by Xla'or Riggs on the adoption of the motion and the roll being called, the following voted aye: Alderman Swains, Parker, Moore, Taylor. Piiciuo►d and Barker. And the following voied nay: none. The Mayor thereupon declared the Resolution adopted and sided the Resolution, which was attested by the City and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 12-2-2002 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. / "o2--2002 A RESOLUTION AUTHORIZING THE MAYOR TO DISPOSE OF FIXED ASSETS BY SALE TO THE CRAWFORD/SEBASTIAN DRUG TASK FORCE. WHEREAS, The City of Van Buren has certain items which are beyond repair and are no longer needed by the City;and WHEREAS, After an inventory of Fixed Assets, it is recommended by our State Auditor that these items be removed from our Fixed Asset Inventory and disposed of by sale to the Crawford/Sebastian County Drug Task Force for the agreed upon price of$20.00;and NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS: THAT, The Mayor is hereby authorized to dispose of the following assets by sale to the Crawford/Sebastian County Drug Task Force for the agreed upon price of$20.00 and is authorized to remove same from the Fixed Asset Inventory: Department Amount Description Control# Police $221.00 Gray Desk PD-94 Police $135.00 Gray Cabinet PD-98 Police $201.00 Yellow Cabinet PD-48 Police $318.00 Orange Chair PD-72 PASSED AND APPROVED THIS 9 DAY OF DECEMBER,2002. IYY1Z6i.an RIG ATTESTED: CITY CLERK/TREASURER I C)n the agenda next was to consider A RESOLUTION APPROVING A DECREASE IN THE CONTRACT PRICE FOR NORTH HILLS BO ULEV ARD PROJECT. The Clerk read the Resolution in its entirety. The Mayor asked it there was any discussion. 1 here was none. Alderman Swann 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 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 RESOLT'TION WAS GIVEN THE NUMBER 12-3-2002 • CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. /a 3-2002 A RESOLUTION APPROVING A DECREASE IN THE CONTRACT PRICE FOR NORTH HILLS BOULEVARD PROJECT. WHEREAS, The Mayor advertised for bids for the North Hills Boulevard Project and the bid of Hams Company of Fort Smith, Inc. was accepted by the Council;and WHEREAS, The original contract price of$216,351.97 was previously approved by the Council;and WHEREAS, The final contract price for the construction has been determined to be $210,303.48,leaving a credit balance of$6,048.49; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS: SECTION 1: That the decrease of$6,048.49 to the Contract with Harris Company of Fort Smith for street improvements on the North Hills Boulevard Project is hereby accepted. PASSED AND APPROVED THIS 7'DAY OF DECEMBER,2002. MAYORJOI N RIGGS ATTESTED: * ,Alin_ CITY CLERK/TREASURER F F On the agenda next was to consider an ORDINANCE TO ALLOW THE CITY TO CONDUCT BUSINESS WITH A CITY OFFICAL. The Clerk read the Ordinance in its entirety. Alderman Swaim moved that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Alderman Parker. On the Clerk's calling the roll, the following vote resulted: Ayes -- Alderman Swaim, Parker, Moore, Taylor, Pitchford and Barker. The Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four (4)votes being necessary for passage. The Ordinance was read the second time. Alderman Swaim moved thai the rules be further suspended and the Ordinance placed on the third and inial reading. The motion was seconded by Alderman. Parker. On the Clerk's calling the roll, the following vote resulted: Ayes — Alderman Swaim, Parker, Moore. Taylor, Pitchford and Barker. The Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four (4)votes being necessary for passage. The Clerk then read the Ordinance the third and final time. The Mayor declared the Ordinance open for discussion. Alderman Taylor recommended they amend the Ordinance to read Mary Ann Dodd and Tommy Dodd. The Mayor then put the question, '`Shall the Ordinance pass?" Motion was made by Alderman Swaim and seconded by Alderman Moore to adopt the Ordinance as amended. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Taylor, Pitchford and Barker. r Motion was made by Alderman Swains and seconded by Alderman Taylor, that the emergency clause be adopted which motion on roll call carried by the unanimous vote of the Council. The Mayor then declared the Ordinance duly passed and signed same in open Council, duly attested to by the City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 21-2002 F o_ • ••-Un.X aye a #05-_;11r4 D ar a o .yj� icg O$r i �cc� o644. W a£.c O U Ut U Q1/�222 W W NQ2Q cyCd k-0v'y .-2.8.y.0 1 E� I Uinw 2 aU t/1 wit j NDU Q+'Cd e°P ego f3 iC 1e W4 'F+ygrE O.W C7 WO.` �4 v C 3 Q C:� YI 2 2W~~ �8gg d£`'c,4.a Iv. vm wus 0 O .a inforA2'b D N cOmorna-6° 041 lu�imcah_a cc. .�Z'°°�- 4,9-- O d�{y,'�--N _ "1.N aS q--� 2U ti. WQFa LaN� 5/gfc� 3 •a3>a E3 .033Z6 c g_z 0>n o a- m2Q4c421. On the agenda next was to consider an ORDINANCE GRANTING A COST OF LIVING RAISE TO ALL CITY OF VAN BUREN EMPLOYEES. The Clerk read the Ordinance m its entirety. Alderman Parker moved that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Alderman Swaim. On the Clerk's calling the roll, the following vote resulted: Ayes — Alderman Swaim, Parker, Moore, Taylor, Pitchford and Barker. 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 n S;t;aim moved that the rules he further suspended and the Ordinance placed on the third and final reading. The motion was seconded by Alderman Parker. On the Clerk's calling the roll, the following vote resulted: Ayes — Alderman Swaim, Parker, Moore, Taylor, Pitchford and Barker. 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 as 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 the roll. the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Taylor, Pitchford and Barker. THE ORDINANCE WAS GIVEN THE NUMBER 22-2002 & NON SSaTaiEi0�5�a�. W� �s .. Q 5224m s-I- ,�nd�t-�� W a Nr �('1 =-0 ase. �W Wwe W NgC7j Y�2 rOyOp1,� a2 mo Nc�24� m E� c, c do mA�p ,ii• WaJLra2Z. i=>l,tt ..5.--1._ Z6 0 wMCNN. Q ;00480 C �9 F•isr"s�l Q: b '� S • t-¢p1... �0 RO.s.1O aEii�i 'erg—v,„,.e- w .., v7 4cs� QSO4sea - eA ;12g 21 ' t-zuEq I 1 On the agenda next was to consider an ORDINANCE SETTING THE SALARIES OF THE MAYOR, CITY ATTORNEY, CITY CLERK-TREASURER AND DISTRICT JUDGE. The Clerk read the Ordinance in its entirety. Alderman Swaim moved that the rules be suspended and the Ordinance be 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 Swain. Parker, Moore, Taylor, Pitchford and Barker. The Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four (4)votes being necessary for passage. The Ordinance was read the second time. Alderman Swaim moved that the rules be further suspended and the Ordinance placed on the third and final • reading. The motion was seconded by Alderman Taylor. On the Clerk's calling the roll, the following vote resulted: I Ayes - Alderman Swaim, Parker, Moore, Taylor, Pitchford and Barker. 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 as 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 the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Taylor, Pitchford and Barker. THE ORDINANCE WAS GIVEN TIIE NUMBER 23-2002 � �V£� ~ Cb�E( ' r110 ro=Ct;p` W gLa N?HWC 3� wEwuOLie 'p . w ©f,C , G > Wye Z 8wm 3i 'ikieatE; � W > ZZWF+O+CU� �$ �m{�` �'UFdi 9� NN C.. �Q Z g!. —8 ?-„: !Z� .`dg{y�(►'yEa le _4 .,E za ".R 1 4'$1aje 7 '.:400.8.11q,in .- Yl '. rh. �,L .B2?1.4 ,Zg,§.O..idu f t pia ti p u1 g d 1, is a a3�acc,L.i c' �u'b�, 00o..Qi>L`ico v'cwf 0-N-;1 `i'511'Eai-mMm52 'a On the agenda next was to consider an ORDINANCE GRANTING A CAR ALLOWANCE FOR THE CITY CLERK AND CITY ATTORNEY. The Clerk read the Ordinance in its entirety. Alderman Swaim moved that the rules be suspended and the Ordinance be 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. The Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four F. (4)votes being necessary for passage. The Ordinance was read the second time. Mclennan Swaine moved that the rules be further suspended and the Ordinance placed on the third and final I 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. 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 as 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 the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Taylor and Barker. Alderman Pitchford voted nay. The Mayor declared the motion carried as there was five (5) ayes and (1) nay. The Mayor then declared the ordinance duly passed and signed same in open Council, duly attested to by the City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 24-2002 L. iLa .. (4,V uf E Ea "Ko- y.s.5.= o-�p. ode,. Ew+ ccvo— 0Ez .oL g >V �m Zpp �O C>, _ aE' oy0Y—uR -.— wa— mp1g— ypC $b mp � C(m'aW N vz py,Lw.L-5.r.L.�E,:t ag—f'EVg �� vzfi-ig:co_ vo � g ' o51 moo. � N-- ooe a ?3itam*=cim :C ` 4 el < ' 1.2d).• ,A1-E01.151 to IA 40;:".1-,:... '.„.t.--'",-. •.,-,ti':-,:-, ' 1--'. .-.:T'Y,4:' f:-•'''.1.i-,-1::i7.-;:-''',:i47 gtx )=z y FS- a: dZ S . p .-..t '� T R6 a" b)Yoaala 35Ec a3-5Hcc . � , It-.0`,---u'..-t.,' Ar . & t, I On the agenda next was to consider an ORDINANCE DEFINING AND CLASSIFYING SEXUALLY ORIENTED BUSINESSES; PROVIDING RESTRICITIONS ON THE LOCATION OF SEXUALLY ORIENTED BUSLNESSES; PROVIDING FOR "fHE LICENSING OF SEXUALLY ORIENTED BUSINESSES AND THEIR EMPLOYEES; PROVIDING REGULATIONS CONCERNING THE OPERATION OF SEXUALLY ORIENTED BUSINESSES; AND PROVIDING PENALTIES FOR VIOLATIONS. The Clerk read a portion of the Ordinance. Mayor Riggs asked, due to the length, if the Council had no objection we would suspend the rules and go to the second reading. Alderman Parker made a the motion and • it was seconded by Alderman Swaim. C)n the Clerk's calling the roll, the following vote resulted: Ayes — Alderman Swaim, Parker, Moore, Taylor, Pitchford and Barker. The Mayor declared the motion canied 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 moved that the rules be further suspended and the Ordinance placed on the second reading. The motion was seconded by Alderman Parker. On the Clerk's calling the roll, the following vote resulted: Ayes — Alderman Swaim, Parker, Moore, Taylor. Pitchford and Barker. The ?\layor declared the motion carried as there were six (6) ayes and (0)nays. Four (4)votes being necessary for passage. The Clerk then read the Ordinance the third and final. time. The Mayor declared the Ordinance open for discussion. Alderman Swaim said the word or be19 of the Ordinance. should of tri the second litre, page Bob Freeman. Chairman of the Planning Commission had a few words to say to the Council members. Mr. l' Freeman said on behalf on the Planning Commission he wanted to recommend that the Ordinance be passed by the Council tonight. He said this was a result of a review of studies from a number of communities across the United States. He said the Ordinance does not prohibit Sexuality Orientated Businesses, it protects their rights to operate, but at the same time protects the rights of citizens in the community as far as their health, safety and welfare. The Ordinance does define and regulate the operations of sexuality business to include application process which would be controlled by the Van Buren Police Department and also designates areas within the heavy industrial section of 'Van Buren. Mr. Freeman said he thinks the Ordinance should be passed for the City. City Attorney Candice Settle said she would like to thank the Planning Commission for all the hard work that they had done in getting the ordinance ready for review. She said based on the public commentary and the Planning Commissions review of the studies they determined that there was a need for the Ordinance. City Attorney Settle said they had narrowed it down and tailored it to fit the needs of our community. City Attorney Settle said she felt this Ordinance was a legally sound Ordinance and she also recommended the Council pass the Ordinance. The Mayor then put the question, "Shall the Ordinance pass?'' Motion was made by Alderman Swaim and seconded by Alderman Moore to adopt the Ordinance as corrected. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Taylor, Pitchford and Barker. Motion was made by Alderman Swaim and seconded by Alderman Taylor, that the emergency clause be adopted which motion on roll call carried by the unanimous vote of the Council. The Mayor then declared the Ordinance duty passed and signed same in open Council. duly attested to by the City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 25-2002 Ordinance Next Page CCRS VAN BUREN,'WHEREASSAS , it is not the v. City of Miami, 734 F.2d cumulative number of HIV- dealing and drug use.See, I(24) The general welfare,• intent of this ordinance to 608`(11th Cir. 1984), as positive persons reported e.g., Key, Inc. v. KitsaP health,morals,and safety ORDINANCE NO.25.20. suppress any yp�h well as studies conducted In Arkansan:s 3,811. Of County,793 F.2d 1053,1056 AN ORDINANCEof the citizens of• this City activities protected by the in other cities including, that number 2,300 meet (9th Cir.1986). pmt„_by the AND « "-,...,„14.0.,`,first Amendment, but to but � A td Aids case definitions. 16)The findings noted in bt SEXUALLY ' "'3, enact a content neutral olda CItY,`Oldallo aa; Since 1983 and to the paragraphs numbered (1) ena n -'t of. this ordinance that addresses Phoenix. Arizona; present,there has been an through (15) raise ~' °:�` ,f 'the secondary effects of Minneapolis, Minnesota; increasing • cumulative substantial governmental s, � ` Indianapolis, Indiana; tiu ' rnesrie sexually oriented number of persons testing concerns. O"W'ir” BUSINESSES; businesses as well as the Amarillo, Texas; Garden positive for HIV antibody (17) Sexually oriented °r t or REGULATIONSPROVIDING health problems Grove,California;Whittier, in See businesses have ,, coin. •CONCERNG N SDNALLE associated with such California, and Seattle, DS Report operational . businesses'and Washington; and findings September . characteristics which or rated WHEREAS,'it is not the reported in ::the Final C8)The , , , of. should be reasonable or o0igalor °RlANDENTED NQ intent of the City Council Report of the Attorney mechanically or cos*of:, -'t -�� than regulated in order to PENALTIES 'to condone or legitimizea in the. stillorcontrolledpt General's Commission on T ., protect those substantial motionpicture the distribubbn of POmgyraphy (1986). the reported governmental concerns. _ machines, Proj rs„ or AND obscene materials, and repo of the Attorney �. the tenod (18) A reasonable other . image-producing TIS CIT1f_TYGeneral's Orkin Grow fndevices are maintained t the cityP ,f.. . b95 was year_367.796. licensingprocedure is an y - that state See,e.g.,Statistics of the appropriate mechanism to b s to five or. VAN WHEREAS,U ; sSAtally federal law prohibits., Sexually riented U.S.Department of Health place the burden of that and Human Services, reasonable regulation on skew, t any per oriented businesses F '��= � °of. ., Businesses (June 6, 1989, �rprlCldne at any one time,- State of Minnesota), the Centers for Disease the owners and they require - spedal and the images so supervision in order to erect! . state CRY Council finds that: Control and Prevention. operatorsare of the sexually Icfals ,to (1) Sexually oriented (9) The number of cases oriented bMsi�ses. di ushed or e k Prelteerve the enforce state and. fedora businesses lend of gonorrhea in the United Further, sur it licensing characterized by the safety,and welfare obscenity statutes against themselves to ancillary States reported annually . Place atr of the patrons oi:, SUCh any such illegal activities unlawful and unhealthy remains at a high level, operators "specifieingd or describingsexual of businesses as viii as the in the City of Van Buren. activities that t are the with a total of 1,256.297 toe xually activities"tor "specified citizens of the I. Rrtlroose and cases reported during the oriented business is run in Ioocate and t eY findings. sr operators of thea period 1993-f99S.See,e.g. a manner consistent with (...:A LT STO or (A) Purpose. It is ;the establishments. Further, Statistics of the U.S. the health,. safety, and yam STORE �Ww u - � purpose of this ordinance there is presently no Department a commercial Department of Health and welfare of its patrons and y to regulate sexually mechanism to make Human Services, Centers employees,as well a3the e oriented businesses are oriented businesses and owners of these for Disease Control and citizens of the City. It is rshrrreF> thabbusiness Its frequently u� for radar activities .,;to establishments Prevention a principalforsale Of unlawful sexual°activities, promote heresponsible for the (10)'The surgeonpr ate• to 'require offers of including prostitution andactivities that Occur on general his reasonablethelicensee: assisnthe rental for any formn of sexual liaisons of a casual gem' andhtheir premises. (2) Crime, report the united States h1n 6, actualthat theoperator othe more of the following:any one or • nature;and ! welfare of the of October 22°x'1986, •operator of the more of the citizens of the and to statistics, show that all advised .the American sexually oriented (Aboos; m .other WHEREAS; the`concern e�iskr reasonable and types of crimes,especially public that AIDS AND HIV business, fully in periodicals Dr�.o#her over sexually transmitted regulations to sex-related crimes, occur infection may -be — .0 and control of diseases is a legitimate prevent the deleteriogs with more frequency in transmitted through premises and printed ' matter, or healthy concern of the location and concentration neighborhoods wheren I films, a5, picture,te, City that demands of sexually orlenteti sexually oriented sexual co • s occsnring motion reasonable regulations ofintravenouspedrug use, therein, disco cassettes, video businesses within the Clay. are located,; exposure to infected.Wood 09):J>Ierdoval,of doers on sexually oriented The provisions of this See, e.g., tudy of and blood components. aatii�and requiring orsc, any other- rmagnetice businesses in order toIndianapolis, ;Indiana.(3) and from an' infected lighting on a reproductions,electronic c vi any ordinance have neither the . protect the health and purpose nor effect of Sexual acts, induding mother to her newborn• or any well-being of the citizens; oral - other visual imposing a limitation or masturbation, and (11)According to the best iuitviurces a representations; that' by restriction on the content and anal sex, occur at sere _ific evidence al ai•governmental any form or medium WH Means is a of any communicative sexually av ble, AIDS and HIV interest in curbing the depicts or • describes of materials, including businesses, est infection, as well as illegal and ,.unsanitary' "specified sexual accounbabOtY ttoo *n� • sexually oriented those which provide syphilis and gonorrhea, sexual activity> occurring that operators of.sexually materials. Similarly, it is private or segmmi-private are principally transmitted' in adult eatabl(shments. anactivities" i or. "specified oriented businesses not the intent nor effect booths or cookies for by sexual acts. See e.g. (20) .The disclosure of (B) instruments, er, wan reasonable of this ordinance to viewing films, videos, or, Findingsertain information by (B) deme to live sex shows. See, e. .rDepartment- of the U.S.U.Sor use in that � �� restrict or decry access by.' � of Health and those persons ultimately designed that a allow their adults to sexually oriented California v. LaRue, Human Services, Centers responsible for day-to- connection'with"specified materials protected by the U.S. 109.111 (1972); See for Disease Control and day operation and sexual activities." to-be used..as Ply of First Amendment, or to also Final Report of the Prevention• maintenance of the illegal`sexual activity or deny• access by the Attorney General's (12)Sanitary conditions in sexually oriented pan prindetcipal business purposef the ;a distributors and exhibitors Commission on some sexually oriented business, where such orllnan business ssiI or Porno by(1986)at 377. unhealthy, of an establishmentvis b le convincing sexually . reed ► businesses are iniornaition is based �.� visible c that y entertainment. to their- (4)coffering and providing in part, because the substantially related to inventory or°commercial intended market Neither' such booths and/or activities conducted there the significant activity Of the is it the intent nor effect of cubicles encourages such are unhealthy,and In part, governmental interest in establishment because their Yery this ordinance to condone activities, which Creates because of the the operation of such (3) ADULT , CABARET nature,have a deleterious or legitimate the unhealthy conditions.See, unregulated nature of the uses,wilt aid in preventing effect on both the existing distribution of obscene e.g., Final Report of the actiities and the failure of the spread of sexuallmeans a nightclub,oalar busin-.;,, '• them materials. Attorney General's the owners and the trans diseases and restaurant, es similar and r (B) Commission onnal aI cat regula ly fa to es: ori. `t n9 evidence Findings. Based the operators of the facilities criminal vity. thatre lady. atures: Concerning Pornography (1986) at to self•regulate those (21) 1t Is esirable in the �o appear in adverse secondary effects 376-77• activities and maintaina state 'nudity of increased ea • and of'adult uses on the (5) Persons frequent those facilities.- See e.g., of communicable ofble d seas es downgrading of property community certain adult theaters, (B)live per,or'.• ity presented'in Final Report of the to obtain'a limited amount values;and hearings and inadult arcades,, and other (B) characterized that WHEREAS.it is reportsAttorney General's of information regarding are drevau;terized by'the Made to the City Council, sexually- oriented Commission; on certain employees who *specified that sexually rix red and on findings businesses, for the nomography(1986)at 371. may engageg - in the exposureanatomical of r businesses, due tom. onco rat of in the ocases purpose of engaging in (13)Numerous studies and conduct this Ordinance is areas" sexnaual by city sex within the reports have determined designed to prevent or activities";or objectionable operational Playtime Theaters, Inc., such sexually oriented that bodily fluids, who are likely to be (C)films,motion pictures, characteristics, 475 U.S.41(1986);Younrt�V. businesses. SEE, e.g„ Including semen and witnesses to such activity. video cassettes,slides,or particularly whenthey are American Mini Theaters, Arcara v. Cloud Books, urine, are found in the (22) The fact that an located in proximity to 427 U.S. 50 (1976)`and Inc., 478 U.S. 697, 698 areas of sexually oriented applicant for a sexually other - photographicr each other; thereby Barnes V. Glen Theater, (1986); See also Final businesses where.persons oriented business license characterized are contributingto urban Inc„ 501 U.S. 560 (1991); Report of the Attorney view "adult", oriented has been convicted of a by the blight and downgrading Amara V. Cloud Books, General's Commission on films. See,e.g., Final 'sex-related crime leads to depiction or description of al the quality'of life in the Inc.,478 U.S. 697. (1986); Pornography (1986) at report of the Attorney Gen I the rational a specified. sexu "specified adjacent area; and California V. LaRue, 409 376-77. era's Commission on I that the activities" or "speafied WHEREAS, ; the CityaPf� anatomical areas". U.S. 109 (1972); Iacobu►Cci (6) For the period ending pornography (1986) at .rh , Council wants to prevent v.City of Newport,Ky,479 December, 1996 the total �377, i • '`:. (4)ADULT MOTEL means a these adverse effects and U.S. 92 (1986); United number of�reportad Oases (14)Nude,dancing in adult • _ °''« dui(, `1+ hotel, motel or sir 1W thereby protect the health,/States v O'Brien,391 U.S. of AIDS In the United�est hments (23) The.�4 ; commercial establishment safewelfare of theth367(1968);DLS,Inc.V.City ,i;a s b+Ii ,rl encourages •prostitution, individuals from operation thatr citizenry; of Chattanooga, 107 F.3d ,'{i ,: • , •t t, or employment in sexually (A)f,offeas . . ;;ort citizens mv ted 402 (6th Cir• 1997); Kev, ',� •' • ,.. increases.,sexual assaults, oriented businesses for a to the arabic � , inc.V.Kitsap County, 793 • §tatisets of'the and Orals other criminal Department of Health and activity. See, e.g., Barnes period of five(5)years for of c r F.2d 1053 (9th Cir 1986ra pervious felony prom �" ' -. • **! Hang On, Inc. V. City of Human Services, Centers v. Glen Theater, 501 U.S.i conviction serves' as a - • . • ., x ,„ ; .. for Disease Control and 583(1991). , Arlington, 65 F.3D 1248 prevent r. (15)Nude dancing in adult conduct ,to and preventsads # lS 4 ` the spread of urban blight: (5th Cit..1995);and South (7) A'om 1983 through I establishments increases thniduct� nalail leads of chosen pSlid s, and Florida free Beaches, Inc. the Sex ns of phosograPhic's,or MOW September 12, 19971the likelihood of drug seuciNy ,. .transmitted Photo�ruhic; ,.- • t characterized by the (11)ESTABU and --- depiction or description of means i luny of (18)SEMI-NUDE OR SEMi- the later dace, if the to this ordinance; tom;percent •or "specified sexual the fol ' ' p NUDITY, means . the conviction is of a felony; (3) For any person to greater>daleiest - 'n activities" or "specified (A), or appearance of the female offense obtain employrir th;a . mus- ,, anatomical areas'; and co t o .any breast below a horizontal i w' The fact that a sexually oriented for;a as has a seer visible from the sexually oriented business, line across the top of the viction is being if such person 1b applicant"', },, public right of• that as a new#i�lll l " I areola.at its highest~.point zg pealed shall. have no possession,,rof^r , (F):.:per, ,for a advertises the (B) the.conversion of an' This definition;,r shall effect on- the sexually i, business •whether of this adult type of existing business,whether include the entire" disqualification of ,the emplayeelicipe • ^:to original or renewal,.must photographic or not a sexually oriented portion; sof app1icant such• person.. tee be made to the• Director by reproductions:or business, to any sexually female.breast; shall (23) SPECIFIED SEXUAL Director lip'this the intended operator of (B) offers asleeping room oriented business; not include-.any:portio of ACTIVITIES'. means and ordinances'‹Ii• the enterprise. for rent•for a period-of (C) the additions• of any. the cleavage of the human includes., any of .the (4)It sha be a defense:to Applications must be time •that is less-Akan sexually oriented`, female breast exhibited by following: subsections D and(3)of submitted to the ofsce:of twenty-four(20hours:or busine4ss to any others a dress, blouse f-skirt., (A) the fondling or other this Section if, the the Director or =the (C) allows;.a tenant, or existing,sexually oriented leotard,bathing suit for, erotic touching-of human employment is-of Muted Director'sdesignee during occupant of, a:•.sleeping business;or other wear-ing•,:apparel' genitals, pubic ,region, duration and for the.sem regular . n hours. room to sub rent room (D)the relocation of any , provided the;Imola is not buttocks,•anus,;dr female' purpose of.repair•and/or g shall be for a period of time that Is sexually Oriented exposed in-Whole or in breasts, whether covered maintenance of -by the Director. less than twenty-four(24) business. Part. or uncovered; machinery, equipment:.,or 'Rhr°hr lowing information hours. (12) LICENSED DAYCARE. (:19)SECTUAL ENCOUNTER (B) sex acts, normal or thepremises., s ere provided on the (5) ADULT MOTION CENTER means a facility CENTER means a business preverted, actual or (5) Any violation of this on form: PICT means licensed:.by the State of or commercial enterprise simulated, Including ordinance shat be yet a , .,commercial Arkansas,' whether' that,as one•of itsprincipal intercourse, oral punishable as a address •:,(and; mailing establishment where, for situated within the City or' business purposes, offers copulation,or sodomy; misdemeanor, Each day ,#=gent)of the any form of consideration, trot, that provides care, for any form of (C) masturbation, actual that said violation ap films, oration,,*pictures, training, education, consideration: or simulated;or- continues shall be a (2),/c recent photograph of video cassettes,'slides,:or custody, treatment or (A)physical contact in the (D)excretory functions as separate offense and shall theapplIcantw; similar • photographic supervision formore than form of ',wrestling ;or part of or in connection be punishable by a fine of I(3)Thearpplica`nt's driver's reproductions i are twelve(12)children under! tumbling betweenersonswith any of the activities up to$250.000erday- license number, Social regularly shown that are fourteen,(14)years of age of the opposite sax;or p sera forth in (A) through (B).An ion fora Security number, and/or characterized by the where such children are (B) activities between (C)above. sexually business his/her state or federally depiction or description of not related by blood,: male-.and female persons (24) SUBSTANTIAL license must be made on aissued tax Idewntification "specified sexual marriage qr adoption to and/or.. 'Persons,of..the ENLARGEMENT of a form provided by the city number;- acth��es" or "specified the owneror operator of same:sex .°when one or sexually oriented business The application must be (4) ,,rune:under which I anatomical areas." the facility, for less than moreof the persons is in a means the increase in accompanied by a sketch the establishment istobe j(b)ADULT THEATER means twenty-four (24) hours a state of nudity or semi- floor areas occupied by or a diagram showing the operated and a general a theater, concert hall, day,regardless of whether nudity. , ,: the business by more than configuration of Me description of the services auditorium: -or similar or not the facts is (20) SEXUAllY ORIENTED twenty-five(25%)percent, premises, including a to be Provided; commercial establishment operated for a profit'or. ailing Means an adult as the floor areas exist on statement::of total floor (a)If the-applicant intends that regularly features charges for the services it arcade,adult bookstore or the effective°date of this space occupied by the to operate the sexually. persons who appear, in offers. adult video, store,..adult Ordinance business. The sketch :or, oriented business under a person,in a state of nudity (13) LICENSEE means a. cabaret adult motel adult (25) TRANSFER OF diagram need not be name.other than that of and/or seminudlty;and/or person in whose;name a motion picture .theater, OWNERSHIP OR CONTROL., professionally prepared the. 1pOpi�rt he or she live perfonnanceethat are license has been issued, adult theater, escort I of.a sexually °dented, must be drawn,to a those state.t,sexually characterized by the es well es the individual agency,nude model studio business.'' means and: desgnated'scale m drawn oriented ' business's exposure ' of "specified listed as an applicant on , or sexual encounter Includes- any of •thewith marked,' dimensions fictidaus=name; anatomical areas', or by the application for .,a center. „ following: of =.the interior Of the (5)Whether the applicant "specified sexual license. (21 SPECIFIED (A) the sale, lease, 'or premises to an accuracy has'been convicted,or is activities." (14)NUPE MODEL STUDIO AN , a AREAS subleaseof the business; of plus or minus six awaiting trial on pending (7) DIRECTOR'means the means any place where a means. "r. the human (ii) the transfer of inches. Prior to issuances cof a "fid Chief of Police of the City Person who appears in a. male genitals in a securities that' form a of a license,the. premises amity" as of Van-Bruen, and such state of nudity or displays discenft r,turgid state, controlling interest In the must be inspected by the defined in :section II, employee(s)'at the police , "specified anatomical even if My aria opaquely business,whetherby`sale, fire department and cede subsection(22),and,if so, department' as he may :: areas" is provided to be covered; exchange, or similar enforcement department the .."specified criminal designate to perform , : observed, Sketched, (B) less'than completely means;or '_ (C) An application for a activity" involved, .the duties of:.the.,.Director drawn, painted,' and opaquely covered (C)the,establishment of a' sexually oriented business date,, - place, and under this ordinance. sculptured, photographed human genitals, pubic trust,gift,br other similar employee license must be jurisdfcdbn of each; (8) EMPLOYEE means a or similarly depicted by region, buttocks, or a legal device that transfers made on a form provided (0)Whether the applicant person who performs'any otherpersons for female breast below a the ownership or control by the City. has had a previous license service on the premises of consideration. ;' Point immediately above of the business,except for (D). All applicants for a under- this ordinance or a sexually oriented '(15) NUDITY or a STATE the top of the areola. transfer .;by bequest or must be qualified other •simile sexually business 'on a full time, OF NUDITY means the (22) SPECIFIED CRIMINAL other operation of law ung to the oriented ',litheness: part time, contract basis, appearance of a Allman ACTIVITY means any of upon the 'death of•the Wiens of this ordinar:e•,from'another or independent< basis, bare buttock, anus, anal the-following offenses: person -possessing the e.the application city or'.'eo 'denied, whether or not.the person cleft of cleavage; pubic (A)carnaiabuse;indecent ownership or co L request, and fire yl . Is denonkulted an area,. 'male ,,gentials, exposure;rape;sexual ab SECTION RglI on. applicant shall provide, including ole' and, employee,- independent female genitals,or vulva, use; violation of a minor; SerWally ? riented , such information location- a rc!asexbally contractor, agent, or with less thee a' fully public sexual indecency;: busiinesses.are'classified (incl fingerprints)as oriented tusiness for otherwise,and whether or opaque covering; or a sexual misconduct sexual as follows: to enable city: to which the business license not the saki person Is paid female breast'with less solicitation of rhinos; (1)merit arcades; delennnirtul'..wbethatt the;. was denied,suspender a salary wage, or other than a: full opaque sodomy; prostitution; (2) adult bookstores or applia Muer teach l eta. revoked as wet compensation by the covering of any part of the sexual solicitation of a adWtvideo,stores, • A hrnfl admit ''�,�tabkms` date of ,the operator of said business.' nipple; or human male child; promotion of (3)adult cabarets; under deg- dinance.The- "Employee" doe9 not genitals In a discernibly Prosfitutiall; ' ((pp1edult,motels; applicant Gas an suspension or rye applicant dissemination of, (5)'adult motion picture affirmative duty to and whether applicant include a ppta60n`on:;lthre turgid' state even if is or Has 1pen lr•1>ar#tier in premises for repair, or `completely and opaquely obscenity; sale, theaters; _ supplement an application apartrrershio Qr Ari`ofdices, maintenance of the covered. ' { ' i •:of; (6)adult theaters; with new Information . premises or equipment on j (16) PERSON means an ';{ A' i SL )escort agencies; received • ' ef the premises, or for: j individual, proprietorship,' minor: :sexual nude model studios; r delivery of:.goods:to limited ip, performance by a4achild; ' was deemed completed. ` premises, . dgeneral hip, -possession or distribution ,;.sexual encoarn&r (E) If a .;person who of. a rllmltpct :•dlriblttr "employee» eOrporatibn; anon, of child pornography wishes bo awn"operates a pang, x' orwras person excksively on :limitedliabili coin public lewdness; sexual SECTION iv, License sexually oriented business tcerlsed ,a;iuxur,ty uses ,sol patlrOsa or other. ty Pany, assault; molestation of a mired. is ar individual, he mustmoo et (17)PREMmtsESeairw,tity tipchild;or.any similar sex- (A)it:shall be unlawful: sign the application for a licensor,;h previously(g). ESCORT rte' related offenses.to those (1) For any person to business license as reel property upon retied described above under the operate a sexually applicant it a person who lin t suspended conspersideration; n; ag• the sexually oriented or revoked,=1rn¢ludg the criminal or penal code of oriented business'without wishes to operate a offersomoon agrees ` businessrteislocated,and this state,other states or a valid sexuallyoriented sexually oriented business n xuall orient d bust the omp to ` act or t a andurtbuilding t thereto other countries. business licensissued by sexually oriented business companion,guide,or date and. buildings thereon, is other than an individual, for which=,the business for another person, or Molt/ding, but not tmitu:d 1 (B)for which ' the Director pursuant to each individual who has a ricenac� wa& „jellied, who agrees or offers to (1 Vless torah twosince ears this ordinance;person twentyer interest(20%)the to, the sexually orientedsuspend or revoked as privately,model livately ngerie or business, the .grounds, date of eviction or the opr) For eratesany n sexually buswho es must sign the well as the dare of denial, striptease for another private walkways, and date ' of- release from oriented business to• application'for a business suspensionorrevocation; person, parking lots and/or confinement imposed for (7,)Whetherthe applicant parking.garages adjacent employ a person to work license ,as a l3Micant"m.a molds any other licenses (10) ESCORT AGENCY the under the,= the conviction,which ever r perform services corporation, Iimibed under ,this ordinance or means ais the later date, if the` on the premises of the liability company, limited : , control or conviction is of a similar sexually business association`.whp of the misdemeaner offense wally oriented ip is" lisp as meted. business furnishes, -AMOS iia ,t .:as described in business,if such employee P ership cxdinance from. another furnish, or advertises to (3)less than file(5)years *mot;Is.p sin of.:• owner of a sexually furnish, escorts as one of the =a wno for elapsed-u kl04k,the oriented business or as ' or Y and,N so, �yslid sexually:, fel f a e .business to,bu,slea � ` • „ _ the entity that wishes to ether tcersed its nm : �,> � this ; ��i;ripr� operate such a business, t s�, ordi gf r,�a. .. .bh. Issuedaar . . t .,_. Coa ' ' ? _45 1 br,the Dinebtor oyrsuarA` each dndividuaChaving a The single owards children within denial, revocation, or regulation, or prohibited the assifica ,; ,, license, 1,000 feet of the property suspension, state .the *sin him memorandum. by a particular provision of pen es assessfld a�in;t found in n Ig, to be certified and; the name(s) under which the '� which, licanC this ordinance;or Or ed upon him/her. -a itlemoranduni In filing! p property lines of any license was sought and/or (5)The applicant has had in , n to any business `i4 .tq . ., .y, established residential issued,the name(s)of the a sexually oriented (5)An applicant has been (9)the : pi VH6h5mkxgon Of (10) a licensee has W. Non- (D) Any viola on . of ( ) Eadsh license shall attempted to sell his apOi�Usa. section (B) of this tot pay or give any (4) It'Is.the'duty of the Orator of the , expire one year from the business license, or has (A)Any business lawfully -tion shall be gratuity to nYeMPI s �q�.t0owner and� that at sold, assigned, or operating on the effective f 4"pu e as a while said din the sexually least one is.at date of Issuance and may transferred ownership or date of this ordinance that ''' m Each day oriented business. n each be renewed only by Control of the sexually is in violation of the that.: :said' violation duty making an Se tion as to a locational or structural contt'inoes shall be a (0) K that any Onpatrorrt n provided in Section IV. censee configuration or signageseparate offense and shilli s mi nu .Shalt#oner inside , .tris Application _for renewal (C) When the Director requirments of tlis, be punishable by a fine-cif ap. .o or t should be made at least revokes a, license, ordinance shall be deemed up to$2s0.00 per day prem tifrt expi (45)days before revocation shall continue a non-conforming use.the customer A .'Patronor (5) The interior *the the exalration date, when one(1) year from the non-cc orming .rye will �to 'shall not touch a premises p a 1! be, made less than fortYwhe►e be permitted to sngnue Escort semi-nude employee or configpred sfheh,,.a date the revocation the clothing Of semi-nude manner that there is'an (45) days before the became effective. for a period not to exceed employee unobstructed view from a expiration date the , . xi. Judicial two years, unless sooner (A)An escort agency sap". em A violation of any • expiration of the license terminated for'any reason not. employ any person manager'b station *thewill not be affected. After nial of an initial or or voluntarily discontinued under the age of 18 years• provision of this Section ,ire area,: of the deWhen the Director renewal application by the for a period of thirty(30) (B)A person shall not act shall be punishable as apremises to which any clenles re appal' of a Director and City Council, days or more. Such non- as an escort,or agree to misdemeanor. Each day • • Is pefm access not b ei shall or suspension or conforming uses shall not act as an escort for any that shall ese v be • purpose excluding riot be a Iicen3efor revocation of a license by be increased. :enlarged. person under the age of 18 separate and shalla ,not pestro excluding 'y one year from the date of the Director,the apphicant extended or altered years. b' by a fine of «� � denial. or licensee may seek except that the use may (C) A violation of any nisi 0 per a reproductiontwo or If �nr� prompt judicial review of be changed to a provision of this Section a . im�epoeenndd such administrative actipn conforming use. If two,or shall be punishable as a ` . "E" , e managers stations . a license for a pert 'not in any court of competent more sexually orieged misdemeanor. Each day ',..- -!•,.9,--, -. .-L'-'-'"'-', "_. + then the _ fe exceed thirty (30)dayssinesses are widths that said violation it on of the-Premises jurisdiction. The of one another 'Continues shall be''• a --!--iil� ` '`"�— H he determines that administrative action shall '��� >:, shill be M such licensee or an employee of and;s_; raise in a separate offense and shall Y i-'"'- be promptly reviewg0.by (A)A -, a manner, there is an ikxhrtsee has: Perth location. the be punishable per a fine of unobdtracted View of the (1) violated or Is not in sexuagy o business to..4 1.00 pEror sexually a comp) with any that was first established ti �. sectIorr this ordinance: A licensee ,shall not and continually operated ,*,j♦[ ,^ business, other than an premises to hied alyr (2)operated or pertorrrhedat a.particular location is , g-?= adult motel, which porton is permitted access transfer his/her license to — exhibits on thepremises in for any from at seances in a' sexually another, nor shall a the cx>ntorming .use and (A) A nude model studio a viewing room of less leastrone Q �ager's oriented while lienee operate a sexual! the later establishedintoxicated by the use of shall not employ any than one hundred (150) statlpns e view alcoholic beverages or y oris authority r of a license fi" 44;��{ , , i¢_ person under the age of 18 square feet of floor space, required in this subsection (3) reds rces; at any place other than (B) A sexUall otiiiietf . years. person • a film, video cassette, must be by direct'line of (3) refused to Ir allow the address designated•in usiness lawfu ly operating (B) of 1e years derthe!not oroliver video rmance�tihon, sight� the manager'` prompt inspection of.the licatiat. as a conforndng use Is not agesexually oriented business rendered a non- • appear.semi-nude or in a i depicts specified sexual (6)It shall be the duty of premises as authorized by Rjt]fl. Location conforming use by the state of nudity In or on the !activities or•., specified the operator.and It shall thlsordinance; local! subsequent;• P of a nude model anatomicr��'.areas, shall also b e the duty of any • (4) with lomomiedpe. businesses sh one i*" the greet or renewal of . studio. It Is a detente to comply wl `Rhe following agents and employees itted i sexually oriented business prosecution under this requireme s. present in the premises,to on !tied only r� s. license,of a church.Public subsection If the person (1)Upon application for a ensure that the view area n rr Industrial i �`' o ovate elementary, under 18 years was in a sexually oriented business specified In Ubseedon(5) ,, south 4i the restroom not open to the i license, the -'application of this section remains , • right-of way of secondary or post- p Eq or visible by shall be accomfrehnied by a unobstructed by any T k ,.._ secondary center, any person: diagram of the premises doors,walls.merchandise, f "' ':11,‘,,,' 540+ subject e (A) wke as license H a cause 4'f yrng: (A) the park, Iocad day.care i center, (C)' A person shall not !showing a plan• thereof displayy_ racks or other' of suspension in Section IX r.•. y oriented business !public club, o nization, appear In a state of specifying the location of jnat Is at all times end be operatednudity,or with knowledge, one or more manager's 11D ensu a that no patron Is beenand the license hal oriented or nesards allow another to appear in stations and the location pernsttted mess to luny been suspended within w •+ ' oriented primarily turd the proceeding twelve(12) 01,000 feet of a public or children or youth within a of Hardily in an of all overhead lighting area Of the that atornthns. private elementary, 1,000 feet of the sexually studio premises which can any portion designating has been as (8) The Director shall oriented business orof the an area In whic h patrons revoke a license H he deter secondary or post - residential district within be viewed from the public! premises in which patrons will not be permitted, as that (3) 1.dary of 1000 feet of the sexually right of way will not be permitted. A deli in the or mines licensee eading gave Z"false (3) :,000 feet of a public (D) A nude model studio mans r's,statior may not filed pursuant aoriented business. This or ming information Parkprovision applies only to shall not:place or permit a exceed•`thirty -two (32) sntrIectlOn (1) of this in the material submitted day-c 00,feet e a licensed bed. sofa.•or mattress In square feet of floor area hay• rentor; the renewal of a, valid any room on the remises, The diagram shall also No viewing room may • during the applicetfon (5) 1,000 feet of the business license,and does except that a sofa may be designate the place at be 000upiedby more than location of a club, not apply when an placed in a reception morn which the business license one p�ontat`•anytlme. a licensee was organization, facility, or application fora business open to the public will be conspicuously (8)The shall be convicted of a "specified business that is oriented license is submitted after (E). A violation of any posted, H granted. A (8) mise overhead criminalarge_ �-at n n a primarily towards chikiren expireda business license has provision of this Section professionally prepared lig ng fixtures of charge that was'pending ' (6 youth; re or has been shall be punishable as a :diagram in the nature of sufficient intensity to trio en the issuance of (6)loco feet of a btdIstrI ry revoked: • misdemeanor. Each day an engineer's or Illuminate place'te the license; SECTION XV. Additional (3) a licensee has, with or any residential district: Reoulations for Aduit thatCont �s shall vi bate n ao�bect'srequired;blueprint permitted at an P tee,or sale of (7) 1;000 feet of another MA)tels.Evidence that a separate offense and shall each diagram should be illumination of not,less controlled substances on busines oriented steepling room in a Notal, be puna le by a fine of oriented to the north or to then five (5.0) foot - the Premises; business. motel, or a similar u to$250 11• day some designated street or candle as measured at the (4) a licensee has,'with business A sexually octerhtbe commercial enterprise has Kt^.. tie'' ,_ object aqd should be floor level. may skit be ,_';�:<"^^,,,, drawn Ado".a designated (9)It shall be the duty of � ' operated in tiro same been rented and vacated ,.1...`,, scale or with marked the operator, and ft shall sale, or everyes consumption building, 'structure„ or two or more times in a of al otic beverages on period of time that is less (A) A person shall not, di ions sufficient to also be the duty:-of any the premises; portion thereof, oriented than ten (10) hours w,Ith knowledge and sh the various internal agents and employees another sexually oriented intent, appear lei person di ons of all areas of present in the premises,to (5)a licensee has,with len business classified creates a rebuttable in a state of nudity in a the interior of the ensure that; tie ovNedge. permitted pursuant to Section Ili.. presumption that the In a st oriented to an accuracyftheatiorh descxitte pr on the I(()For,the purpose of this enterprise is .an adult premises; motel as that term is business, or depict his•or minus six (6") above Is maintained at all (6)a licensee has, with me + measurement defined in this chapter. specified sexual activities . The director''may times that any patron is shall trade in a in a sexually oriented waive the foregiii present In the premises. �� d line regard to A person in control of a nnQQ y oriented business interVen ng structures or sleeping room in a hotel, business dice for rharheiraal (10) •No licensee shall dun a• of time objects, from the nearest motel, or similar (B) A person shall not, ap ications H the allow an opening of any when thelicensee's ep � or premises commercial enterprises with knowledge and applicant adopts a kind to exist,' n license was suspendedthat does not have a intent,appear in person in diagram that was viewing moms (7) a dge,licensee has. with w sexually orientedted, sexually oriented business a semi-nude condition In a previously su� and (11)No persodt make business s conducted,to sexually oriented certifies the any attempt lb make an knovviedge' enY the nearest propel ty line license shall not rent or act of sexual khtercourse, subrent a sleeping room to business, wEless the of the opening of any kind of.a church; or private person Is an"'employee p has not been between the viewing sodomy, oral copulation, da person,nand.within ten cot sexual n, or other elementary, wean any or (10) hours from the time who, while semi-nude, is al since it was booths:arrooms seaondary school; at least six (6)feet from enlisted. (12) The ter of the sexual conduct to r inthe room is rented.rent or blit park: licensed day any patron or customer (2):The app! shall sexually business premises; the I subrent the same sleeping I�a�on dare center, the location and on a stage at least be sworn to be erre and shall, during• each of a club. organization, room again:: •• two(2)feet from the floor. correct by the applicant• business dugr. Inspect the (8)a licensee delinquent facility or business that is subsection:'For purposes s (C)An employee shall not, (3) No..alteration in the walls between'the viewing State payment taxes the City s; terms of this oriented primarily towardswhile semi-nude In a configuration or;location booths to determine H any (9) for any s.fees; ch ren, or youth; section, the "Renttr sexually oriented of a mann station openinnggss or holes exist knowledge,a, permitted hat, a of or subrent”means the act business+ solicit any Pay may be made pout the (13) The operator of the personunder eighteenaa rfesldersex district ord ooccupied room a other sexually oriented 'or gratuity' from any prior approval of the �.sexuatty oriented business ( of age to enter ...._, ration, patron or .customer. A Director or his designee. 4. __ ...e......". �,..0 at any time the sexually SECTION)O(VII.Notloes,==.7 shall cause all floor V.yrs,. A i_ -_,,1: .. business Is open I(A) Anyiff; XXXI.EmeraenCV ,. ding any other booths to be noncoverings In ce m code or D ._shall be the bye given orae Director or It hereby found and easily cleanable surfaces, ob once. duty -df thr,operator of any of ';City office, declared by the Cl with a°"ills �• < to the contrary, each sexually oriented division, dej rtment or a1di that an (14),The operator:oft of ant' business to ensure that an other agegey under this dtnratiorh idlfs that oriented business Sesta'. Iy oriented business attendant stationed at ordinance , ,ate , .1111Y Page ' k nnedhbe {"`" ' ', pit wall or nr other person shall each public entrance to applicant, , or effect of this a dinance,Is surfaces alnd cel ing not:Wit"construct, or the sexually oriented owner of lis for the oohs booths Maintain aThr sip for the business at ail times oriented bteiness. p �etvdttN to bep f, or sexually or6rrrted busin_business during such sexually given either:lin p qy, , bbyy other than rthaithbin any oriented businesses' delivery or, � et the City. nonporous, east sQ • �► sexually• regular business hours. It United Stabs• mall.' This ordain*slid h of cleanable materiaL;i=No other shall be the duty of„the postage prepaid" return full forte and effect upon :`' wood, pfd, than the lane (1) Primary attendant to prohibit'-any receipt • requested, and abet the date Ot composition boerl¢r'.or and• one (1) passage= , other porous ai �fin+ as eighteen (1Years8) age addressed to the most approved this shall be used within provided i .sexed recent - address as gth day of ter, eight (48'7:Inches.of the (B) Prhrmry signs shall It shall'• ecified in' tithe 2002. . have no more than two(2) be•• ' ,that an licatlion for the Iteense, A Mayor 'inn (B)A gelled having a duty display surfaces- Each attendant , notice of address o change Oat has':been surfaceAt t ;•ff An (1) nesuch t any eighteen (18)utt re rhitilth as abovetorClerric Barit•e-`Cerus„City under subsection a)' J flashing lights; attendant asked for and. Published in „ her fags' 1�l ��' a. '(2) be a flat was furnished: be deemed given' 14.2002 , :. shall' ire 'f>l tY of a rectangular in shape, ane, (1)'�is valid operators, their deposit in the' Argus Court ' '.,4 nlsdemeaaor. Each day (3) not exceed seventy- commercial operators, or United States mail In the •that ''Skid • violation five (75) square feet In chauffeurs drivers that ;any notice continual. shag be a license;or given by malt is returned separate offals!and shall area;and (2) a valid personal by the postal service,the (4) not exceed ten (10) Director or hit designee be b;Punishable*a fine of M feet in height or ten (10)• issued identification any state shall cause it to be posted • yr.� •- ,.,. ((C)t iii rnary signs shag• reflects that such at the principal entrance is eighteen (18) to the establishment. �' '� contain rwr plrotograpttt; years of age or older. (8) Any notice silhouettes, required or permitted to (A No owner or pictorial : (C) A violation of .any be given to the Director by operator of a sexually in man and mayProvision of thtion person under this oriented business shall shall be punishable as a ' allow the nerchandise or o flaa name of misdemeaor. Each day ordinance shall not be the enterp 'r deemed given until and of (D) Each lifter forming a that said violation unless it is received in the establ.activitie. to be visible word on a Primary Sgn continues shall be a office of the Director. from outside the shall be of solid odorand separate offense and shah (C) It shall be the each such:letter shall be be Punishable by a fine of duty of each owner who is (B) No owner or the same_print- , Size up to$250.00 per day des hated on the license oPdator of or bbusinaesss sshhall ly and color. le rf be qr� rw:� apps cation and each Blow the eusine'portion behind such ng on of .,,1.,,, operator to furnish notice of we sexually orientede flay surface of a It berm• for any to the Director in writing primary sign shall be of a of any change of residence business to have flashing uniform and solid color. sexually oriented or mailing address lights, or any words, (E) secondary si9 ns shall business, regardless of lettering.' photographs, havewhether in re, utak or gyp• s drawings, surface. private one(1) display ps fadlity . operate i ntah Such display-surface shall: Ston, A person who operates or of any manner except to (1) be a flat plane, massage pario to any causes to be operated a the extent. permitted by rectangular,in shape; similar type business sexually oriented business without a valid business the provisions of this (2)mot exceed ty.(20) where any . physical ordinance. contact with the reciPlent license or in violation of (C) No Owner or (3 not exceedsmiare feet In ' ),feet of such services is any provision of Section operator of a sexually In height and four )feet provided by a person of X111 of this ordinance is oriented busire5s shall in width;and the opposite sex. A subject to a suit for allow exterior portions of (4)be affied or violation of any provision Injunction as well as the establishment to be to any wall or door of the of this Section shall be prosecution for criminal violations. Each day a painted any color otherse. punishable , as a than a single achromatic (F)The provisions of item misdemeanor. Each day sexually oriented business color.This provision shall (1) Of subsection"(B) and that said , violation so operates is a separate not apply to a sexually subsection (C) abe .(D) continues shall be a offense or violation. A oriented bhsith�s if the shall also separate offense and shall violation of any provision following conditions are secondarysapply to be punishable by a fine of Section XIII shall be met (6),A violation bf up to$250.00 per day. punishable as a (1) Theprovision JD(V. lb0t of misdemeanor. Each day stablishment is a part of dlof this Section that saiviolation establishment a commercial multiunit punishable as a No sexually oriented continues shall be a center;and misdemeanor. Each day business, except for an separate offense and shall that said violation be punishable by a fine of (2) The exterior continues shall be a adult motel, may remain up to$250.00 per day. portions of each individual. separate offense and shall open at any time unit in the commercial be punishable by a fine of the hours of one%o'clock �. •multi-unit • center, up to$250.00 per day. (1:00) A M. zest eight induding the exterior 1,„.11,,..,. y1, •, or o'locic (8:g0) A.M. and If any section,subsection, portions of the business* . twelve o dock(1240)P.M. or clause of this ordinance are painted the same color ': ":-„ r on shall be deemed to be as one another or are „ g _mus Sundfarle.ays phi, unconstitutional or painted in such a way so sae, use or otherwise invalid, the consumption of alcoholic as to be a component of It s a defense to validity of the remaining beverages on the Premises sections,subsections,and the overall architectural of a, sexud oriented prosecution undier this clauses shall not be style or pattern of the business is ibfted. ordinance that a person affected thereby. commercial multi-unit (B) A vier on. of this appearing in a state of SECTION XXX. Cornflldhng center. Section shall ' be nuditymodeling did s So in a Ordhhefces filed. ( � %mrs dthis �be punishable as a (i) operated:a . bY shall To the extent that this require um- painting of an misdemeanor. Each day roprietarY . school, Ordinance conflicts with that said violation Picensed by the State of Ordinance No. 11 2001, otherwise unPdntee continues shall be a otherwise known as the exterior portion of a separate offense and shall Arkansas,a college,Junior "Sign Ordinance," this sexually • oriented be punishable Inc a fine of college, or university Ordinance shall control (E) 1T�0 per bey supported entirely or and override the ,�r , Partly by taxation; provision of this r Section .1.77+T 1474-37.11,,,_ (2) by a private. provisions of Ordinance shall be'Modelsble as a 77�.,.� ,1,• college or university that No.11-2001.All provisions misdemeanor. Each day 1;-- .,.f 1 - maintains and operates Of Ordinance No. 11-2001 i' that said • violation (,r,) ,, ..,, shall educational rams inii not conflicting with this that tiles slhall be a which credits.* are ordinance shall remain InC. allow a person is full force and effect All separate offense and shall younger than eon transferable to a college, be punishable by a fine of junior other Ordinances or parts . (18)years of to enter lty supported of Ordinances in conflict '� or up to$250.00 per day or be on the premises of a UniversS or partly py with the provisions of this sexually'oriented business taxation. Ordinance are hereby �� On the agenda next was to consider an ORDINANCE TO REPEAL ORDINANCE NO. 7-1992 ANI) AMENDING ;'AN BUREN MUNICIPAL CODE CRXPTER 10.16, ESTABLISHING FEES FOR CONNECTIONS MADE TO THE VAN BUREN WATER AND SEWER SYSTEM, DECLARING AN EMERGENCY AND FOR ALL OTHER PURPOSES. The Clerk read the Ordinance in its entirety. Alderman Swain moved that the rules be suspended and the Ordinance be 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 Swain, Parket, Moore, Taylor, Pitchford and Barker. The Mayor declared the motion carried as there were si\ (6) ayes and (0) nays. Four(4)votes being necessary for passage. The Ordinance was read the second time. Alderman Swaim moved that the rules be further suspended and the Ordinance placed on the third and final 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. 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 as 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 the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Taylor, Pitchford and Barker. Motion was made by Alderman Swaim and seconded by Alderman Taylor, that the emergency clause be adopted which motion on roll call carried by the unanimous vote of the Council. The Mayor then declared the Ordinance duly passed and sinned same in open Council. duty attested to by the City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 26-2002 • ORDINANCE NO.26 AN ORDINANCE TO REPEAL ORDINANCE NO.7-1992 AND AMENDING VAN BUREN MUNICIPAL CODE CHAPTER 10.16,ESTABLISHING FEES FOR CONNECTIONS MADE TO THE VAN BUREN WATER AND SEWER SYSTEM,DECLARING AN EMERGENCY AND FOR ALL OTHER PURPOSES. , WHEREAS,the cost of labor and material for connecting water and Sewer lines within the City of Van Buren, Arkansas, has increased materially since the same were fixed by Ordinance No.7-1992,passed and approved March 16,1992;and, WHEREAS,the City of Van Buren,Arkansas,is obligated to the payment of bonded indebt- edness of construction of improvements and betterments toile system,and the cost of operating the water and sewersy s + + f : : :king wratertand $ekv + ,to . ‘+ 11 WHEREAS, Is - • ' • the City Council of the City of VanBuren,A 1cansas,to estab- lish fees for connecting o water and sewer lines to insure that the same remain uniform' and equitable;and, WHEREAS4the Van Buren Water and Sewer Commission,upon a necessaryand complete investigation,has found that it is necessary to the'interest of the Cittyy and its inhabitants thatYYthe fees charged for the facilities and services afforded by the Water and Sewer offered sucheproi poral Van the City Councill obe hedCity of an Buren Arkansas and have NOW THEREFORE, BE IT ORDAINED BY.THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS,that Ordinance No.7-1992 is hereby repealed and that Chapter 10.16 of the Van Buren Municipal Code is hereby in its entirety amended and substituted as follows; 10.16.01 Char -Ordinary. That the following fees for ordinary water connections for consumers Charges the City of van Buren,Arkansas,be established as follows: . CHARGES FOR CONNECTING TO WATER LINES FOR ORDINARY CONSUMERS Size Inside city Outside City • 3/4" _ $430.00 $645.00 1" 577.00 865.00 1 1/2" 1,535.00 2,302.00 2"Turbine 1,829.00 2,743.00 2"Compound 2,748.00 4,122.00 3"Turbine 4,590.00 6,885.00 3"Compound 5,629.00 8,443.00 4"Turbine 6,515.00 9,772.00 4"Compound 7,831.00 11,746.00 6"Turbine 8,421.00 • 12,631.00 6"Compound 10,880.00 16,320.00 8"Turbine 13,181.00 19,771.00 . In Addition to the above charges there will be charged an additional$600.00 if a street cut is required.It shall also be provided that in no case shall one water meter serve two individual buildings,,and or businesses. 10.16.02 Charges-Fire Line.That fees for fire line connections be established as follows: CHARGES FOR FIRE LINE CONNECTIONSize S e 6 x 4 $584.20 6x6" 645.12 8 x 4" 714.00 8x6" i 729.50 129.50 x 4" 7878654' 12 x 6" \ 794.12 12 x 8" \, 957.50 16 x 4 1,071.21 16 x 6" 1,078.71 . 166x 12" 1,652.48 In addition to the above initial connection fees, there shall be a flat monthly service charge for fire protection based on 30 per year per sprinkler head divided by 12 to obtain the monthly service charge.This charge shall be eft addition to the monthly charge on water consumed through water meter&lnstallatiorl.of the connection is the responsibil- ity of the customer. 10, 16.03 Service Charges and Meter Deposits. That water turn on service charges be established as follows: (a)The utility service charges and meter deposits not included in connection fees shall be set by the utility commission policies. (b) It shall also be provided that consumers outside tl2he city limits of the City of Van Buren,Arkansas,shall be charged 1 1/2 times the above rates. 10.16.04 Charges - Ordinary Sewer Line.That the followingfees for ordinary sewer line connections.forconsumers within and without the City of an Buren,Arkansas,be estab- lished as follows; CHARGES FOR CONNECTING TO SEWER LINE FOR ORDINARY CONSUMERS Size Inside City Outside City 4" $350.00 • $525.00 6' 400.00(plus cost 600.00(plus cost over run if any) over run if any) In addition to the above charges there will be charged an additional$600.00 if a street cut is required. Taps larger than 6"shall be based on a minimum charge of$600.00 plus cost over run,if any.It shall be further provided that In no case shall one sewer tap serve more than one building,and/or business. THAT,the City Council hereby finds that said fees are reasonable and necessary for con- necting to water and sewer lines as hereinabove set out,and it is necessary that same be charged and collected in advance of the services to produce sufficient revenue to pay the labor and material and all other costs in connection therewith. THAT,all ordinances and parts of ordinances in conflict herewith are hereby repealed: EMERGENCY CLAUSE:It is ascertained and declared that there is immediate need in order to procure sufficient revenue to operate andmaintain the Van Buren Water and Sewer System and to protect the health,lives and property of the inhabitants of the City of Van Buren, Arkansas, and consumers of the Van Buren Water and Sewer -Department to -charge and collect the fees herein above set out: therefore, an emergency.is found to exist,this ordinance is necessary for the preservation of the public peace, health and safety,same shall take effect and be in force without delayand same shall be charged for all such services and connections made on or after January 1,2003. PASSED AND APPROVED this 9th day of December,2002. APPROVED: MAYOR JOHN RIGGS ATTEST: BARBIE CURTIS,CITY CLERK Published in the December 14,2002 issue of the Press Argus-Courier On the agenda next was to consider an ORDLNANCE ESTABLISHING RATES FOR WATER SERVICES StrPPI,fFI) RV THE CITY OF VAN BUREN AND REPEALING PRIOR RATES FOR SUCH SERVICES. The is k lead a portion of the Ordinance and the Mayor asked, due to the length, if the Council had no objection, we would suspend the rules and go to the second reading.. Alderman Swaim made this motion and it was seconded by Alderman Moore. On the Clerk's calling the roll, the following vote resulted: Ayes - Alderman Swaim, Parker, Moore, lavlor, Pitchford and Barber. The :Mayor declared the motion carried as there were six (6) ayes and (U) nays. Four (4)votes being necessary for passage. The Ordinance was read the second time. Alderman Swaim moved that the rules be further suspended and the Ordinance placed on the third and final reading. The motion was seconded by AldeimanNSoore. On the Clerk's calling the roll, the following vote resulted: Ayes - Alderman Swaine, Parker, Moore. Taylor, Pitchford and Barker. 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 as 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 the roll, the following vote resulted: Ayes Alderman Swain, Parker. Moore, Taylor, Pitchford and Barker. Motion was made by Alderman Swaim and seconded by Alderman Taylor. that the emergency clause be adopted which motion on roll call carried by the unanimous vote of the Council. The Mayor then declared the Ordinance duly passed and signed same in open Council. duly attested to by the City Clerk. THE ORDINANCE tit AS GIVE` THE NUMBER 27-2002 I ORDINANCE NO.27 ORDINANCE ESTABLISHING RATES FOR WATER SERVICES SUPPLIED BY THE-CITY OF VAN BUREN:AND REPEALING PRIOR RATES FOR SUCH SERVICES WHEREAS,the City of Van Buren,Arkansas(the"City")owns and operates a water sys- tem and has determined that certain extensions,betterments and improvements tothe system are necessary to make the system adequate to serve the needs of the City and its inhabitants;and WHEREAS,water rates are established by Ordinance No.30-2001 of the City adopted and approved December 17,2001;and WHEREAS,in connection with the improvements,it is necessary that Ordinance No.30- 2001 be repealed in order to increase rates charged for the services of the system;and WHEREAS,the Van Buren Municipal Utilities commission,after a necessary and complete investigation, has recommended the improvements and the rate increase to the.City Council as being in the best interest of the City and its inhabitants;and WHEREAS,when used in this Ordinance,the term"Water for Resale"shall refer to water purchased by Van Buren contract water users.The contract water users of Van Buren system are Oak Grove Water Users Association, Dora Water Users Association, and Sequoyah County Water Users Association. NOW THEREFORE,be it ordained by the City Council of the City of Van Buren Arkansas, the following monthly minimum charges and volume charge rates are established for all customers of Van Buren Water System effective January 1,2003. Meter Size Meter Base Volume Chargers Per 1000 Gallons Residential 3/4" 4.75 2.80 1" 7.75 2.80 1 1/2" 15.65 2.80 2" 27.50 2.80 Meter Size Meter Base Volume Charges per 1000 Gallons Commercial 3/4" 4.75 2.26 1" 8.95 2.26 1 1/2" 19.75 2.26 2" 29.65 2.26 I 3" 65.50 2.26 4" 125.75 2.26 Meter Size Meter base Volume Charges Per 1000 Gallons Industrial 3/4" 7.85 1.87 1" 11.85 1.87 1 1/2" 19.75 1.87 2" 29.65 1.87 3" 65.50' 1.87 4" 175.75 1.87 6" 260.85 1.$7 Meter Size Meter Base Volume Charges Per 100 Gallons Resale 4" 175.75 1.55 6" 260.85 1.55 The charges for customers outside the city limits shall be one and one-half(1 1/2)times the rates for customers inside the city limits. Section 2. In addition to the rates and charges established by this Ordinance, the Municipal Utilities Commission,through their authorized representatives, is authorized and directed to cause the$0.25 per active water meter service per month charge man- dated by Act 1053 of 1991,to be collected and to cause the sums collected to be paid to Arkansas State Health Department pursuant to Act 1053 of 1991. Section 3.The pprovisions of the Ordinance establish the monthly charges for water serv- ices provided by the City of Van Buren. All parts of Ordinances which have previously established such rates and charges are hereby repealed. Section 4.Emergency Clause.It is determined that the providing of a safe and sufficient supply of treated water is essential to the well being of the City and its inhabitants and that an emergency exists with reference to the establishing of rates by January 1,2003, which will prove funding to offset the rate increases for water purchased from the City of Fort Smith and improvements.Therefore,as this Ordinance is necessary for the health safety,and welfare of the City and its inhabitants this Ordinance shall be of full force and effect as of the date of its adoption and shall be implemented as of the dates set forth in the Ordinance. PASSED AND APPROVED THIS 9TH DAY OF DECEMBER,2002. APPROVED: MAYOR JOHN RIGGS ATTEST; Barbie Curtis,City Clerk Published in the December 14,2002 issue of the Press Argus-Courier I I Next on the agenda was the Treasurer's Report. Motion was made by Alderman Swaim and seconded by Alderman Parker to appropriate the sum of S733,919.85 to pay expenses and salaries for November 2002, presented by the City Clerk 'l reasurer. l'he Council followed with a unanimous vote. • o•x 126... - 599,621 .72+ CITY OF VAN BUR EN PAGE: 1 4-reel-- 1 2 8, 1 3 3.9 2+ TRIAL BALANCE Li bray - 4,876•34+ AS OF: NOVEMBER 30TH, 2002 10 'W.Q, . - 1 ,287.87+ 0 0 4 *« MONTH TO DATE ••* •+• YEAR TO DATE •** 733,919.850+ DEBITS CREDITS DEBITS CREDITS ASSETS 1000 Petty Cash 0.00 200.00 1020 Cash in Bank 167,589.06 368,197.62 1020.10 Cash in Bank - Sales Tax City 0.00 0.00 1020.18 Cash in Bank - PD Co Tax 20,327.60 27,725.94 1020.19 Cash in Bank - FD Co Tax 10,941.66 28,117.45 1020.27 Cash in Bank - Levee 0.00 57.17 1020.31 Cash in Bank - Parks &Rec 0.00 4,966.34 1020.51 Cash in Bank - Cemetery 819.11 8,707.06 1020.91 Cash in Bank - Cap Imp 99,107.74 659,556.22 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 0.00 1040.31 Investments - Parks &Rec 0.00 0.00 1040.51 Investments - Cemetery 0.00 48,000.00 1040.91 Investments - Cap Imp 0.00 600,000.00 1050 Fixed Assets 0.00 0.00 1051 Accumulated Depreciation 0.00 0.00 1504 Due from Payroll 0.00 0.00 1505 Due From Other Funds 0.00 0.00 1520 Due from Street Fund 0.00 0.00 1540 Due From Library Fund 0.00 0.00 LIABILITIES AND FUND BALANCE 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 0.00 2050 National Foundation Life Ins. 0.00 35.28 2080 Conseco Payable 0.00 0.00 2090 New York Life Ins. Payable 0.00 0.00 2100 Life Ins. of Georgia Payable 0.00 0.00 2130 Garnishments Payable 0.00 0.00 2135 R. Allen Trust 5502355610 0.00 0.00 2140 United Way Payable 0.00 0.00 2150 Parks &Rec. F.O.D. 5.00 50.00 2160 Pre-Paid Legal Services 0.00 0.00 2170 F.O.P. 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 W/H 0.00 0.00 2220 Social Security Tax W/H 0.00 0.00 2230 Medicare W/H 0.00 0.00 2240 Arkansas Income Tax W/H 0.00 0.00 f i i Next Police, Fire, Fire Marshall, Building Inspector, District Court and Engineer's Reports were presented for filing. Next on the agenda was Miscellaneous and General Discussion. Rick Gaither asked if any one had noticed the cat problem in the City. Mayor Riggs said they had noticed. Mr. Gaither said they need to get a cat law going to take care of the problem. He said there were several cities that had laws to take care of the problem. Mayor Riggs said he had never seen a cat law take care of the problem. Mayor Riggs said if any one had an idea they would look at it and see what they could do to help with die problem. Alderman Parker said thanks to Chairman Bob Freeman, the Planning Commission_ Building Inspector David Martin and City Attorncv Candice Settle for all the time they had spent on Ordinance 25. The Mayor and Alderman Swaim agreed. Alderman Parker said the Christmas lights look terrific she thanked Director of Public Facilities, Don:4 Cullens and the Street Department for all the hard work they had done. Next Lisa Thomas, representing Jim Medley, President and CEO of the Area Agency on Aging, said she wanted to make herself available for any questions on the letter the Mayor had received in November for the In-home assist request for the year 2003. The request was for $6,000.00 to assist the frail elderly residents of Van Buren. Ms. Thomas said the funds go totally to the care of the residents of Van Buren. The Mayor said they would see what they could do and get back with her. There being no further business Alderman Swaim seconded by Alderman Pitchford made a motion to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 8:00 p.m. APPROVED: ATTESTED: MAYOR • CITY CLERK-TREASURER