08 August 2005 Regular MI.NUTES OF THE VAN BUREN, ARKANSAS
CITY COUNCIL MEETLNG HELD AUGUST 15, 2005
The City Council of the City of Van Buren, Arkansas met at 7:00 p.m., Monday, August 15, 2005 at City Hall.
The meeting was called to order by Alderman Bill Swaim, President Pro-Tempore Presiding Officer. On roll call •
the following Council members answered as their names were called: Alderman Swaim, Parker, Spoon and
Sagely. City Attorney Candice Settle and City Clerk Barbie Curtis were also present. This made a total of six(6)
present. A quorum was declared.
The Invocation was given by Hill Alexander former Alderman and owner of a Shelter Insurance Company.
Next President Pro-Tempore, Bill Swaim led the Pledge of Allegiance.
Next President Pro-Tempore, Bill Swaim asked Alan Swaim to give an updated report on Mayor Riggs. Alan
Swaim said Mayor Riggs was in the best spirits after surgery that he had been in three (3)years. Alan Swaim said
within nine (9)hours time after having two holes drilled into his skull the Mayor felt good and was hungry. Alan
Swaim said he thought that was awesome progress. Alan Swain said it was Tuesday in Beijing, China and the
Mayor or gets to rest on Tuesday. The Mayor told Alan that he possibly would get to come home a week early. Alan
said the Mayor had tremendous confidence in the Medical staff in Beijing and his family was doing well. Alan
Swaim said the last twenty-tour(24) hours was a real winner tar all of us.
On the agenda next_ President Pro-Tempore, Bill Swain asked to adopt the minutes of the Council Meeting on
July 18, 2005 and the Special called meeting on August 2, 2005. Alderman Parker made a motion to approve the
minutes. Alderman Spoon seconded the motion. On roll call the following Council members voted aye: Alderman
Swaim, Parker, Spoon and Sagely. The following voted nay: none.
Alderman Dodd came in at 7:08 p.m. This made a total of seven(7)present.
President Pro-Tempore, Bill Swaim said the next item on the agenda was to open a Public Hearing establishing
Sewer Rates. He asked if there was any one that would like to speak in opposition to the rates. Mr. Jim Brock said
we had recently passed '. percent tax increase and we may have another to deal with. He said the City of Fort
Smith has been talking about a 33%to 39%water increase. Mr. Brock said our County would probably have to
have an emergency millage increase. He said he doesn't envy the Council their jobs because they were thankless
jobs where they have to point out the needs of the city. Mr. Brock said he thought the City, County and the State
Govermnent needed to think of more creative ways for funding. He said it was time the older people got some
consideration and was able to live with a little dignity. Mr. Brock said his concern was for the elderly. There were
a few ladies from the audience that spoke against the increase.
Mr. C.E. Dougan spoke saying the sewer rate was based on a five (5)month winter average. He said those
months were November, December, January, February and March. Mr. Dougan said the water that you use on
your lawn does not affect the sewer rate. He said someone had mentioned grants. He said there weren't any grants
avaiiabie. Mr. Dougan said someone had asked about an Assistance Program for the elderly. He said the
Assistance Program was based according to income. He said someone had mentioned another source of revenues.
Mr. Dougan said the only revenue source there is, is with the rates. President Pro-Tempore, Bill Swaim thanked
Mr. Dougan. President Pro-Tempore, Bill Swaim said they would now conclude the Public Hearing.
On the agenda next was to consider an ORDINANCE ESTABLISHING RATES FOR SEWER SERVICES
SUPPLIED BY THE CITY OF VAN BUREN AND REPEALING PRIOR RATES FOR SUCH SERVICES.
The Clerk read the Ordinance in its entirety. Alderman Spoon 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 roil, the following vote resulted: Ayes - Alderman Swann, Parker, Dodd, Spoon and Sagely. President Pro-
Tempore, Bill Swaim declared the motion carried as there were five (5) ayes and (0) nays. Four(4)votes being
necessary for passage. The Ordinance was read the second time.
Alderman Spoon moved that the rules be further suspended and the Ordinance placed on the third and final
reading. The motion was seconded by Alderman Sagely. On the Clerk's calling the roll, the following vote
resulted: Ayes - Alderman Swaim, Parker, Dodd, Spoon and Sagely. President Pro-Tempore, Bill Swaim
declared the motion carried as there were five (5) ayes and(0) nays. Four(4)votes being necessary for passage.
The Clerk then read the Ordinance the third and final time. Then President Pro-Tempore, Bill Swaim asked if
there was any discussion. There was none.
Alden-ran Parker seconded by Alderman Spoon moved that the Ordinance be adopted. The question was put by
President Pro-Tempore. Bill Swaim on the adoption of the motion and the roll being called, the following voted
aye: Alderman Parker, Swaim, Parker, Dodd, Spoon and Sagely. The Mayor declared the motion carried as there
were five (5) ayes and (0)nays. Four(4)votes being necessary for passage. The President Pro-Tempore Bill
Swaim thereupon declared the Ordinance duly passed and signed same in open Council, duly attested by the City
Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 15-2005
ORDNANCE NO.15
ORDINANCE ESTABLISHING RATES FOR SEWER SERVICES SUPPUEJS 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 sewer facilities(the"System")and
has determined that certain extensions,betterment's and improvements to the System(the"improvements")
are necessary to make the System adequate to serve the needs of the City and its inhabitants;and
WHEREAS,the basic monthly sewer rates are presently established by Ordinance No.12 of the City adopted and
approved December 15,2003;and •
WHEREAS,in connection with the improvements,it is necessary that the Sewer Rate Ordinance be further
amended in order to increase rates charged for the services of the System;and
WHEREAS,the Van Buren Municipal Utilities Commission,after a complete study and review has recommended
the improvements and the rate increase hereinafter set forth to the City Council as being in the best interest of
the City and its inhabitants;
NOW THEREFORE,BE Ti ORDAINED by the City Council of the City of Van Buren,Arkansas:
Section 1.Rate.That the monthly rates set forth below be,and they are hereby,fixed as the rates to be charged
for sewer services furnished to customers of the Sewer System of the City of Van Buren,Arkansas(the"City"),,
which rates the City Council finds and declares to be roasonablle.end necessary minimum rates to becharged.
Effective January 1,2006,the rate shall consist of a minimum wh01;h shall_be based upon the size of the meter
necessary for each residence,business,industry and institution using the ystem and an additional initial usage
rate of$2.25 per thousand gallais or fraction thereof,said rate to Yrctease to$2.75 effective January 1,2007,and
to further increase to$3.25 effective January 1,2008.
Sect on2.Section 3 of the Sewer Rate Ordinance Is hereby amended to read as follows:
Section 3.The following.minimum charge and volume charge rates are established for all Van Buren Sewer
System customers.
11001111/0 11.010/A
$OIte , Y Charn/1010 YokotgloggifetGd Volume dins/1000 gel
3/4" $5.88 $2.25 $2.75 $3.25
1" $12.02 $2.25 $2.75 $3.25
1 1/2" $17.69 $2.25 $2.75 $3.25
2" $96.01 $2.25 $2.75 $3.25
3' $293.99 $2.25 $2.75 $3.25.
4" • $392.00 $2.25 $2.75- $325
6" $588.00 $2.25 $2.75 $3.25
The charges for customers outside the city limits shall be one and ane•half(11/2)times the rate for customers
inside the City limits.
Section 4.The Sewer Rate Ordinance,as amended hereby,shall continue in full force and effect.
PASSED this 15th day of August,2005.
.APPROVED:
John Riggs,MAYOR
Ow BR4R-e;Swalm
A_ �_ � .', Pra�INrt Pr�''�npore
Barbie.
Published in thtn.awpuatlo.: •,
On the agenda next was to consider A RESOLUI'1ON SETTING A PUBLIC HEARING TO VACATE
STREET RIGHT-OF-WAY. The Clerk read the Resolution in its entirety. President Pro-Tempore, Bill Swaim
asked if there was any discussion. There was none. Alderman Spoon seconded by Alderman Parker moved that
the Resolution be adopted. The question was put by President Pro-Tempore, Bill Swaim on the adoption of the
motion and the roll being called, the following voted aye: Alderman Swaim, Parker, Dodd, Spoon and Sagely.
And the following voted nay: none.
The President Pro-Tempore, Bill Swain thereupon declared the Resolution adopted and signed the Resolution,
which was attested by.the City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 8-2-2005
BEFORE THE CITY COUNCIL OF VAN BUREN,ARKANSAS
RE: THE NORTH ONE-HALF(%2)OF GRAND AVENUE
THAT IS LOCATED ON THE SOUTH SIDE
OF BLOCK H IN THE MOUNTAIN VIEW ADDITION
TO THE CITY OF VAN BUREN,ARKANSAS
RESOLUTION 53-;.2. O S
WHEREAS, Virgil Glen Rainwater, Calvin Lee Rainwater and Brenda Inez Rainwater
Pendergrass have filed a Petition with this Council seeking to vacate and abandon the following
described street right-of-way:
the street right-of-way for the north one-half(%2 ) of the proposed (but never
constructed or used)street to have been known as Grand Avenue and to have been
located on the south side of Block H in the Mountain View Addition to the City of
Van Buren;
AND WHEREAS,Virgil Glen Rainwater,Calvin Lee Rainwater and Brenda Inez Rainwater •
Pendergrass are the owners of the said property;
AND WHEREAS, the City Council of Van Buren, Arkansas, previously adopted an
Ordinance vacating and abandoning the south one-half of that portion of Grand Avenue lying south
of Lots 12,11, 10,9,8,and 7 of Block H in the Mountain View Addition to Van Buren,Crawford
County;'
AND,WHEREAS,the area platted as Mountain View Addition did not develop as originally
thought;the streets shown on the map have not been developed and not used by the public as a street
for more than five(5)years;and the public interest and welfare will not be adversely affected by
vacating and abandoning the right-of-way for the north one-half(%2)of the proposed street;
AND,WHEREAS,applicable law requires the City Council to fix a day certain for the hearing of
said Petition.
NOW,THEREFORE,BE IT RESOLVED that the City Clerk of Van Buren,Arkansas is
hereby directed to give notice that said Petition to close the street will be heard by this Council on
the t9th day of September 2005,at the regularly scheduled city Council meeting of the Van
Buren City Council.Said notice shall further provide the names of the petitioners,herein and the
name of the portion of the street to be closed.
PASSED AND ADOPTED this I& day of P1-19/14.t 2005.
Mayor
City Clerk
Next on the agenda was an appeal of a Planning Commission's Rezone Denial. Mr. Hoffinan spoke to the
Council members about the appeal. He said the address is 2003 Prospect Street. Mr. Hoffman said they want to
rezone it to R-3 and there was some opposition to the rezone. He said there was some concern about a multi-
family residential district. Mr. Hoffman said they would like to rezone to R-2. Motion was made by Alderman
Parker and seconded by Alderman Dodd to uphold Planning Commission's denial for R-3. The Council said they
would support R-2, but Mr. Hoffman will have to take it back to the Planning Commission for their decision. The
Council followed with a unanimous vote.
On the agenda next was to consider AN ORDINANCE TO AMEND ORDINANCE NO. 7-1963 FOR THE
PURPOSE OF REZONING CERTALN PROPERTY IN THE CITY OF VAN BUREN, ARKANSAS AND
AMENDING THE ZONING MAP OF THE CITY OF VAN BUREN, ARKANSAS. The Clerk read the
Ordinance in its entirety. Alderman Spoon 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, Dodd, Spoon and Sagely. President Pro-Tempore, Bill Swaim declared
the motion carried as there were five (5) ayes and(0) nays. Four (4)votes being necessary for passage. The
Ordinance was read the second time.
Alderman Spoon moved that the rules be further suspended and the Ordinance placed on the third and final
readmg. The motion was seconded by Alderman Sagely. On the Clerk's calling the roll, the following vote
resulted: Ayes — Alderman Swaim, Parker, Dodd, Spoon and Sagely. President Pro-Tempore, Bill Swaim "
declared the motion carried as there were five (5) ayes and (0) nays. Four(4)votes being necessary for passage.
The Clerk then read the Ordinance the third and final time. President Pro-Tempore, Bill Swaim asked if there was
any discussion. There was none.
Alderman Sagely seconded by Alderman Dodd moved that the Ordinance be adopted. The question was put by
President Pro-Tempore, Bill Swaim on the adoption of the motion and the roll being called, the following voted
aye: Alderman Swaim, Parker, Dodd, Spoon and Sagely. And the following voted nay: none. President Pro-
Tempore, Bill Swaim declared the motion carried as there were five (5) ayes and (0) nays. Four(4)votes being
necessary for passage. President Pro-Tempore, Bill Swaim thereupon declared the Ordinance duly passed and
signed same in open Council, duly attested by the City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 16-2005
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On the agenda next was to consider an ORDINANCE TO AMEND ORDINANCE NO. 7-1963, FOR THE
PURPOSE OF REZONING CERTAIN PROPERTY IN THE CITY OF VAN BUREN, ARKANSAS AND
AMENDING THE ZONING MAP OF THE CITY OF VAN BLTREN, ARKANSAS. The Clerk read the
heading of the Ordinance. President Pro-Tempore, Bill Swaim asked if there was a motion to suspend the full
reading of the Ordinance. Alderman Spoon 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, Dodd, Spoon and Sagely. President Pro-Tempore, Bill Swaim declared
the motion carried as there were five (5) ayes and (0) nays. Four(4)votes being necessary for passage. The
Ordinance was read the second time.
Alderman Spoon moved that the rules be further suspended and the Ordinance placed on the third and fmal
reading. The motion was seconded by Alderman Sagely. On the Clerk's calling the roll, the following vote
resulted: Ayes — Alderman Swaim, Parker, Dodd, Spoon and Sagely. President Pro-Tempore, Bill Swaim
declared the motion carried as there were five (5) ayes and(0) nays. Four (4) votes being necessary for passage.
The Clerk then read the Ordinance the third and fmal time. President Pro-tempore, Bill Swaim asked if there was
any discussion. There was none.
Alderman Parker seconded by Alderman Dodd moved that the Ordinance be adopted. The question was put by
President Pro-Tempore, Bill Swaim on the adoption of the motion and the roll being called, the following voted
aye: Alderman Swaim, Parker, Dodd, Spoon and Sagely. And the following voted nay: none. President Pro-
Tempore, Bill Swaim declared the motion carried as there were five (5) ayes and (0) nays. Four (4)votes being
necessary for passage. President Pro-Tempore, Bill Swaim thereupon declared the Ordinance duly passed and
signed same in open Council, duly attested by the City Clerk.
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THE ORDINANCE WAS GIVEN THE NUMBER 17-2005
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On the agenda next was to consider an ORDINANCE TO AMEND ORDINANCE NO. 7-1963, FOR THE
PURPOSE OF REZONING CERTAIN PROPERTY IN THE CITY OF VAN BUREN, ARKANSAS AND
AMENDING THE ZONING MAP OF THE CITY OF VAN BUREN, ARKANSAS. The Clerk read the
Ordinance in 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 Spoon. On the Clerk's calling the roll, the following vote
resulted: Ayes — Alderman Swaim, Parker, Dodd, Spoon and Sagely. President Pro-Tempore, Bill Swaim declared
the motion carried as there were five (5) ayes and (0) nays. Four (4) votes being necessary for passage. The
Ordinance was read the second time.
Alderman Dodd moved that the rules be further suspended and the Ordinance placed on the third and final
reading. The motion was seconded by Alderman Spoon. On the Clerk's calling the roll, the following vote
resulted: Ayes — Alderman Swaim, Parker, Dodd, Spoon and Sagely. President Pro-Tempore, Bill Swaim
declared the motion carried as there were five (5) ayes and (0)nays. Four(4)votes being necessary for passage.
The Clerk then read the Ordinance the third and fmal time. President Pro-Tempore, Bill Swaim asked if there was
any discussion. There was none.
Alderman Spoon seconded by Alderman Parker moved that the Ordinance be adopted. The question was put by
President Pro-Tempore, Bill Swaim on the adoption of the motion and the roll being called, the following voted
aye: Alderman Swaim, Parker. Dodd, Spoon and Sagely. And the following voted nay: none. President Pro-
Tempore, Bill Swaim declared the motion carried as there were five (5) ayes and (0)nays. Four (4)votes being
necessary for passage. President Pro-Tempore, Bill Swaim thereupon declared the Ordinance duly passed and
signed same in open Council, duly attested by the City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 18-2005
201 Wks
61Kafof
rANSAS
AN
TO
, AMEND 1 THE PURPOSE
OF REZONING CERTAIN
VAN THE CITY S
AND AMENDING THE ZON-
ING MAP OF THE CITY OF
VAN BUREN,ARKANSAS.
WHEREAS,Joe R.and Re-
becca Ann Jones have
submitted a petition to re-
zone Lots 4, 5 and 6 of
Block 5, Grandview Addi-
tion to the City of van Bu-
ren,from R-1 to R-3;and
WHEREAS, Notice of Pub-
lic hearing has been pub-
• a
nished as rewired by law;.
The Public
Hearing has been held as
required by laWt and:
CoMmission
Ther W�ai
ed shidzprie •
NOW.
TN
ORDAINS). WIE CITY
COUNCIL OF.TIE CITY OF
VAN BURIN,ARKANSAS:
,SECTION I: THAT the
rezonedabove-described property
is from to
the Van Buren
Zoning Map Is amended to
reflect this r s
TINSISMDA
GUST;2005. •�1lppre
MA JOHNATINITiOt
la
lloble Cmtla
On the agenda next was to consider an ORDINANCE ESTABLISHING A POLICY FOR A DRUG-FREE
WORKPLACE. President Pro-Tempore, Bill Swaim asked for a motion to suspend the full reading of the entire
Ordinance. Motion was made by Alderman Parker and seconded by Alderman Spoon. On the Clerk's calling of
the roll, the following vote resulted: Ayes — Alderman Swaim, Parker, Dodd, Spoon and Sagely.
The Clerk read the Ordinance Title the first time. Motion was made by Alderman Sagely and seconded by
Alderman Parker to suspend the rules and go to the second reading. On the Clerk's calling the roll, the following
vote resulted: Ayes —Alderman Swaim, Parker, Dodd, Spoon and Sagely. President Pro-Tempore, Bill Swaim
declared the motion carried as there were five (5) ayes and(0) nays. Four(4)votes being necessary for passage.
The Ordinance title was read the second time.
Alderman Spoon moved that the rules be further suspended on the third and final reading of the Ordinance. The
motion was seconded by Alderman Parker. On the Clerk's calling the roll, the following vote resulted: Ayes —
Alderman Swaim, Parker, Dodd, Spoon and Sagely. President Pro-Tempore, Bill Swaim declared the motion
carried as there were five (5) ayes and (0)nays. Four(4)votes being necessary for passage. The Clerk then read
the Ordinance title the third and final time. President Pro-Tempore, Bill Swaim asked if there was any discussion.
Alderman Parker asked if there was a current policy in place or was this a new one. Alderman Swaim said he had
understood the Mayor to say there was a policy in place that had to do with having a CDL license. He said they no
longer have a position that requires a CDL. City Attorney Candice Settle said the manual provides a limited
provision for a drug free work place. She said it referrers to a more comprehensive policy.
Alderman Parker seconded by Alderman Spoon moved that the Ordinance be adopted. The question was put by
President Pro-Tempore Bill Swaim on the adoption of the motion and the roll being called, the following voted
aye: Alderman Swaim, Parker, Dodd, Spoon and Sagely. And the following voted nay: none. President Pro-
Tempore, Bill Swaim declared the motion carried as there were five (5) ayes and (0) nays. Four(4)votes being
necessary for passage. President Pro-Tempore, Bill Swaim thereupon declared the Ordinance duly passed and
signed same in open Council, duly attested by the City Clerk.
THE ORDINANCE WAS GIVEN THE `UMBER 19-2005
I efficiency productivity system, . is strictly .
CITY OF VAN BUREN and well being of em- prohibited and grounds- (c)The City also reserves (2)the OW also considers
ARKANSAS ployees who do not for disciplinary action upthe right to require return (4) Medical personnel law'en ent Officers
ORDINANCE N0:19-2005 perform safety, or to and including to duty and followup with direct patient care° .a3 holding serAir ty-
AN ORDINANCE security-sdnsitive func- immediate•discharge: in testing as a result of a. responsibilities Including senitive positions by
ESTABLISHING A POLICY .tions.to order to further addition, employees are condition of rein- . physicians; nurses, reason of,their"duty to
FOR A DRUG.FREE provide a safe en- subject to disciplinary statement or continued- su cal scrub tech- enforce the laws
WORKPLACE yironment for city action up to and including employment with or• ahs, ncy med- pertaining to the use of
NOW TIEREFORE, BER employees and the public immediate discharge for following completion of technicians and illegal' substances. Of-
ORDAINED BY THE CITY the City has adopted the the unlawful manu- an approved drug and/or nees,• Medical and I fit ers who themselves
COUNCIL OF THE CITY OF following • Drug-Free facture, distribution, alcohol treatment, nursesassistants
VAN BUREN,ARKANSAS Workplace Policy for dispensation, possession; •
SECTION L Purpose of those employees who are concealment'or sale Of counseling'
p ram.or (5) Mechanics, welders use such substances es the
not covered by Federal alcohol or drugs,while on rod enforcementbe unsympathetic to the
a.aSet F: and sheet metal workers ; of the law
law. duty,on City property,in SECTION 3. Safety and who work on vehicles
The City has a vital City vehicles during Security-Sdrsidve designed to• carry and subject to blackmail
interest in providing for This policy does not breaks or at lunch; and bribery.
the safety and well being govern or apply to (b)The City reserves.the positions Defined passengers such as
of all employees and the employees who are right to require buses, ambulances, SECTION 4..,Drug-Free'
public, and maintaining subject to testing as employees to submit to position A sonetyinswhich a police cruisers,vans and
efficiency - and commercial motor vehicle urine drug testing and is one a which a the like. MEA du Training
productivity in all of its operators under the breathalyzer• achohol momentary lapse of
operations. In fulfillment foregoing federal law and testing - to determine attention�may result'io w(6hose 7 Other es meet thee The -F establish a
of its responsibilities,the regulations. They are usage of drugs and/or graveto the public.d Immediate The definition i hof. safety Drug-Free Awareness
City is committed to the governed by a separateerogram to r..:r`'
maintenance of a drug policy enacted pursuant _• following positions are security sensitive' after ertgdoyees to u :' •�
and alcohol free work- to that legislation. i considered safety sensi- consultation with and • and avoid•the peril )tNR
Place. alcohol as provided below tive: approval by the Arkansas I drug and a1Qdl10Tiplaleh
SECTION 2. Policy Employes must submit Municipal League. The � will use this
to all required tests.Any (1) Law enforcement program. in an
The City ander n Statement employee who refuses to officers who carry (b) A security sensitive ; ed nal effort to
employees
commercial (a)All employees must be drive submit to any required firearms,and jailers. position includes: pfevent and eliminate
vehicles are subjectmotorto free from the effects of test •without a valid . drug and'a cohol abuse •
medical explanation will (2) Motor .liehicle (1) any police officer,
the requirements of illegal drugs and alcoholpolice that may affect the •
federal statutes and during scheduled working be subject to immediate operators= w carry jailer,. dispatcher workplace.•
implementing regulations hours as a condition of discharge. Refusal to passengers, irituding, and•police departmentissuedemployment-
• The- City's' Drug-Free
Highway Administration alcoholic beverages or consent forms,refusal to Ambulance- drivers, bus clerical workeer5, halving Awareness program will
of the U.S.Department of using drugs while on cooperate regarding the or jitney, drivers, and to- information ,worm;employees about
Ttar�s US. However, duty,on City property,in collection of samples, or drivers who transport Y riling .`'o fl' • (1) the dangers of drug
certain city employees City vehicles, during submission or attempted other city employees Fs
imresti` and alcohol abuse in-the
who perform safety and breaks or at lunch, or submission:of.an adult- and'Criminal caws''WW1 workplace (2) the City's
security-sensitive working or t, lunch,
Ing for crated substituted (3) Fire department ;information could, if policy of mai�ini a
functions arenot covered work whenimpaired by or 'wine shall be employees who directly+ ggs�eevealed, compromi
by the foregoing, Pro- under the of deemed' I to submit participate,in fire-fighting?.`f lnder or prejudice i the, place• (3) the
visions, In addition, the alcohol,or drug and to a,required test 'activiiHties. - • . tion of• t caseonr • u- availability of drug and
City has an interest in or drug kites are
alcohol treatment,
maintalnifig• the present in the employees 1 cunslllrehabitation programs;
and(4)the penalties that
I may be imposed upon
i employees for drug and
' alcohol abuse violations.
As part of the Drug-Free SECTION 6.Use of Alcohol
Awareness Program, the and. Drugs/Prohibited (f)As part of a return to (b) Random testing for Although the foregoing
City -,shall provide conduct stances: duty or follow-up drug drugs (but not alcohol) infractions will ordinarily
educational materials nun F r.. and/or "alcohol test will be conducted. In result in discharge
that explain the City's A(ft employees covered (a) When`'ther bity iiai required = under. an order to treat all regardless of the
Policies'and procedures. under this policy are reasonable suspicion that agrde/ndnt allowing an '• employees'as equally as employee's position, the
Employees shall be subject to the following an employee has violated employee to return to possible,and to maintain city reserves the right to
p with Infonflation prohiibpitions regarding any of ' the above • following dis- consistency in the consider extenuating cur
ing the effects° the *se of alcohol and Prohibitions regarding ", ,- cation for a admfnistratiorh of its crunstrmces and impose
alcohol and drug abuse drugs ' (controlled use of alcohol or drugs. drug and/o'r' effettetoMatilde a dna) lesser discipline` when
on an individual's health, substances). alcohol test, or as the free workplace, random such action is deemed
work and personal life; For purposes of this rule, result of a`-condition of testing under this policy appropriate.
signs and symptoms of (1) Employees shall not reasonable suspicion continued employment or will be governed by-49
•an alcohol• or <drug, report for duty or remain shall be based on• reinstatement in con- U.S.C. § 31306 and (b) In order to be.re-•
problem; and available on duty while impaired by ific.. -.. • junction with or following implementing regu tons employed following
methods of intervening the consumption of temporaneousl9i-moD-, completion of an to the extent trnhar it is completion of a suspen-
when an alcohol or drug alcohol.An employee will § cuiable observations I approved drug and/or lawful.and feasible to dd` , sion for a positive drug or
problem is suspected, be deemed to be concerning the alcohol treatment, so.Further guidance must
including confrontation impaired by alcohol if aPPearancalcohol test, the em
e, behavior, counseling,,or meabfll- be found in'The Omnibus ployee must undergo and
and/or referral to that employee has a speech or body odors of tation program. Transportation Employee pass a return to duty drug
management blood alcohol the employee. The - Testing ACL'of 1991 and/or alcohol-test, and
concentration of 0.04 or required observations In order to return to duty, Steps to Compliance for be evaluated and
Supervisors who may be greater. must be made by a an employee who has a Arkansas Municipalities," released by an SAP.
asked to determine supervisor or city official ,- published by the
whether reasonable (2) Employees shall not or employee who is positive or alcohol Arkansas Municipal The City will,schedule the
suspicion exists to consume alcohol while on trained in detecting the I test (i.e.;.., verified League. return ,da.,-duty drug
require an employee to duty signs and symptoms of I positive do test or an and/or alcohol test and
undergo drug and/or misuse of alcohol and , alcohol test ndicating an SECTION 9. Disciplinary the evaluation by an SAP
alcohol testing shall (3)Employees required to drug use. �;1.. w alcohol concentration of Action to avoid any lost work
receive, at . .least 60 undergo post-accident 0.04 or greater) must time beyond"the period of
minutes of training on testing shall not use (b)Return to duty testing have a verified drug test (a) Employees may be the suspen*iioh. The
alcohol misuse and 60 alcor for 8 hours is required after an and/or an alcohol test subject to disciplinary employee will remain on
minutes of training on following the accident,or employee has engaged in indicating an alcohol action, up to and disciplinary suspension,
drug use. The''training until they undergo a post any of the above pro- concentration of less than including discharge, for without pay until the City
sou carer:the'physical, accident alcohol test. hibitions concerning use 0.02, and be •evaluated v4my of the following has received written
behaviorii,-"Speech and of alcohol or drugs; and released by a t, fractfons notice that the employee
petformanceindicatorsof (4) Employees shall unless the violation s bstance abuse ; has passed the return to
probable alcohol misuse submit to all authorized results in termination. ,Jst fessional (SAP) In (1) Refusal to submit to duty drug test (and/or
and drug use. drug or alcohol tests. a diction, the employee an authorized MOW or• notice from the collection
(c) As part of a pre- shall be subject to alcohol test. Masai-BY. site that the'employee
SECTION S. Prohibited (5) Employees shall not employment physical following testing for a submit to testing means had an alcohol con-
SUbStancedi Weld Drugs report for duty or remain examination after a period not to exceed 24 centration of less than
/Unauthorized Rents on duty while under the conditional job offer has months from the date of . 0.02 in the return to duty
Influence of any con- been made, a fitness for the employee's return to that the employee fails to alcohol test) and written
(a) - Prohibited trolled substance,except duty physical duty, in accordance with provide �aan�,�,� 4'-. ate notice from an SAP that
�•- . lCOh611c' when the use thereof is examination,or any other. SAP's recommendations urine or-bred- the employee has been
beverages
substances._ A+9s we_ pursuant too the instruc- lawful required periodic (The City also reserves for t-.- r thout'a va releasepto rettain to duty.
considered to be tions of a licensed physical• examination. the right to require return medicit' .> •tion a . r Jlowever the 'employee
prohibited substances in physician who has Non-safety and non to duty and follow-up helbhe . F �= ed may use accumulated
the workplace.' For advised the employee security• sensitive posi- testing of an employee notice . ; „„ `•;irement leave time between the
of this policy, that the effect of the dons will not be required who has an alcohol test to be t r engages end f _thee'' original
•the term"drugs"includes substance on the to undergo a pre• indicating an alcohol in conduct that-cl aerly syspension and being
controlled substances(as employee does not pose a employment drug or concentration of 0.02 or obstructs the besting released to return to
identified in Schedules=I significant risk of alcohol test unless the greater, but less than Pte. Refusal to work.
through VP of Section 202 applicant is otherwise 0.04, based on an SAP's submit to testing
of the Controlled eubstantial harm to tin required to undergo a recommendations.) fncludei, ,,¢art 15. 'n if the employee test
employee or' others in 'p t , 43>tl ' . positive for any drug or
Substances Act 21 U.S.C. light of his/her normal pre-employment physical y i
§812,saddle he regulations job duties. examination after' a (g) When any prohibited e scute any ue has �, alcohol con
cdnsent forms,refusal to
promulgated'thereunder; Conditional Job offer Ms drug or alcoholic bever- centration of 0.02 or
and in the In addition, subject to been extended to the age, is found in an cooperate regarding the greater insub-
Uniform Controlled Sub- disciplinary rules set employee. employee's possession. collection of samples,; sequent test,he/she shall
and/or submission or'-
stances Atte Ark. Cede forth below, employees and/or ted submission or
Arm. § 564-201?2�6), who are found to have an (d) When the City (h) When the laboratory i —
including synthetic nab- alcohol concentration of management has a values in any authorized an adulterated or• ' be subject to discharge..
tics,designer drugs, and -0.02 or greater, but less reasonable suspicion drug test indicated the substituted urine sample.
prescription drugs; than 0.04, in any based on observations or need for additional (c) Rehabilitation and
excepting: prescription authorized alcohol test credible information testing,as determined by (2) Drinking alcoholic Additional Testing. In
drugs approved by and shall be removed from submitted to the City, the Medical Review beverages or using drugs cases where an employee
used in accordance with duty,and may not return, that the employee is Officer (MRO), or where while on duty, on City receives , -disciplinary
the directions of the to duty until the start of currently using,impaired any authorized drugtest Property,,in City.V�(eell�ii,c�les, action other ,than
the employee's next during'b}eitidor ilt - ch.
employee's physician. by or under the influence must be canceled due to discharge for a drug•
regular) scheduled shift,. of drugs or alcohol. a collection, chain of and/or alcohol related
(b) Legal Drugs. The but not less than 24 hours • custody or other (3)Unlawful manufacture, infraction, the following
appropriate use of following administration (e) When an employee procedural problem. distribution, procedures shall -also
prescription drugs and of the test. suffers an on-the-job dispensation, possession, fly
over-the-counter medics- injury or following a SECTION & When Dag concealment or sale of
tiolhs is not prohibited. The foregoing rules shall serious or potentially and Alcohol Testing May any prohibited sub- The City map Cecil ire
I apply to all employees serious accident or Be Required of stances, including an ,c
i T using a- and shall apply while on` incident in.which safety Employees Holding alcoholic beverage,while iii lei i, o-
pre •employee PpY on duty,on City property,
preSCrhption drug Should duty, during periods Precautions were and Security proved treatment,
consult with his/her , when they are on breaks violated, equipment or Sensitive Positions in City vehicles, during counseling, or
roan and pharmacist or at lunch, or not Property was damaged, breaks or at lunch.` rehabilitation program
prang the effects of performing safety or an employee or other Employees in (and ' for drug and for alcohol
the drug. Employees' security sensitive funs- person was injured, or applicants for)safety and (4) Any criminal drug abuse at the time
should read all labels dons. careless "acts were security-sensitive post- statue conviction and/or discipline is imposed,
performed by the dons shall be required to failure to notify true,City based on the
carefully. employed 'Such testing "submit to urine testing of such conviction n
withirecommendations of an
Employees may not have 'and Alcohol Testing May
(c) Unauthorized Items. SECTION 7. When Drug will be r+CKluired of non- for use of prohibited five(5)days. SAP any unauthorized items In.Ale Required of ail safety sensitive drugs and/or Breath-
their possession or in any ,eza4,Employees employees: only. when, alyzer alcohol testing in (5) Refusal to cooperate (2) If the employee is
teursuch factors,when, taken, the foregoing and in the in a search. requited tp eprog kq h
' i Employees (and all alone or In combination following circumstances; a progtarfkt//Wilier rein-
q prized items plicants) covered by this with other factors, give (6) Having an alcoh0i statemertu or,
11 .policy shall be required to rise to, reasonable (a) When 'a safety- concentration of.0496 or g
Whited to, alcoholic I submit to urine testing suspicion that the sensitive employee is greater in any authorized ;
beverage containers and for use of prohibited employee may be under involved in an accident alcohol Test. , `, , ,be,
drug paraphernalia. drugs and/or Breath- the influence of drugs or I i a mid Vehicle- . the > prbleett�• .•'and
thealcohol in alcohol. and iruobidtiogi la ti drugs, ar• their amber 'dee ler remain** f' itses
the following circum- safety-sensitive because �•.' In any du
it involves driving a motor authorized drug test. cart .
vehicle.
The employee must SECTION 11. Voluntary
submit to any drug Drug and Alcohol
and/or alcohol testing Rehabilitation
administered as part of
the program,and provide If an employee who is not
the City with the results otherwise subject to
of such test. The disciplinary action for use (1)The employee may be
employee must also of drugs and/or alcohol required to enroll in and
provide the City with voluntarily admits that successfully complete an
progress reports from he/she has a drug and/or approved impatient or
his/her therapist) or the alcohol abuse problem, outpatient drug and/or
agency running the 1----"— alcohol abuse program,
program, on at least a the, Mayor or his/her and remain ,drugs and
monthly basis.(Failure todesignee will meet with alcohol free for its
provide such reports or- the employee to discuss duration as a condition of
the results of such tests the various treatments reinstatement or
may result in discipline counseling and rehabili- continued employment
up to and including tation options that are However,the city will not
termination.) available.For purposes of be responsible for
this section, an financial . obligations
(3)An employee who has employee's admission to associated with
been identified as having a drug and/or treatment.
needing assistance in alcohol abuseblem (2) If the employee is
resolving problems will not be defineas required to enroll in such
associated with use of "voluntary" if it is made a program, he/she must
drugs and/ormisuse of after the employee learns submit to any drug
alcohol may be --that he.At,she- las tent,' and/or alcohol tests
administered 'selected Tor""a"`laf-dgm i administered as part of
unannounced follow-up drug test the program„and provide
drug and/or alcohol tests the City with,the results,
for a period of up to 24 These options may of such tests. The
months. include allowing the employee must also
employee `to continue provide the City with
SECTION 10.Employment working while receiving progress• reports from
Status Pending Receipt of outpatient treatment, his/her therapist, or the
Test Results- counseling or agency running the
rehabilitation in an program, bn at least a
In additional to appro- approved °drug and/or= monthly basis.(Failure to
priate disciplinary mea- alcohol abuse program, provide such reports or
sures, including suspen- or placing.the employee the results_of such tests
sion,which may be taken on a medical leave of will result i4 discipline up
in response to the absence while he/she Is to and!` including
incident or course of receiving treatment, termination.)
conduct which gave rise counseling- or
to the test, the .,City rehabilitation in an (3)The employee shall be
reserves the right to approved inpatient or required to agree to be
decide whether the outpatient drug and/or' subject to unannounced
incident or course of .alcohol abuse program folloWup 'drug and/or
conduct prompting the alcohol tests,at the City's
test is of such a nature When an employee discretion,for a period of
that the employee should voluntarily admits that up to 24 mohths.
not be put back to work he/she has a drug and/or PASSED AND APPROVED
until the test res)iits are alcohol abuse problem, 15th DAY OF AUGUST.
received. If such a the City shall have the
decision is mide, the right tb require the, BILL R.SWAIM,
employee will be employee to be evaluated President Pro Tempore
suspended without;pay . by an Sl P and/or submit MAYOR JOHN RIGGS
I Where the test result is to drug'or for -alcohol ATTESTED:
negative, the'employee testing prior to deciding Barbie Curtis
will be reinstated with what action is CITYCLERKTREASURER
back pay, provided the appropriate. No Published in the August
employee has not been disciplinary action will be 20,2005 issue of the Press
given an appropriate taken by the City against Argus-Courier •
disciplinary suspension an employee who
for violation of another voluntarily admits that
work rule which also he/she has a drug and/or
covers the time missed alcohol abuse problem in
waiting for -the test the situation described
results. above. However,the City
shall have the following
rights in such a situation.
1
On the agenda next was to consider an ORDINANCE AUTHORIZING THE ISSUANCE OF SALES AND
USE TAX BONDS FOR THE PURPOSE OF FINANCING THE COST OF CAPITAL IlIIPROVEMENTS;
PLEDGING A 0.5% SALES AND USE TAX TO PAY THE PRINCIPAL OF AND INTEREST ON THE
BONDS; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN
EMERGENCY. The Clerk read the Ordinance title for the first time. President Pro-Tempore Bill Swaim asked
if there was a motion to suspend the rules for reading the entire Ordinance. Alderman Parker moved that the rules
be suspended and the Ordinance title placed on its first reading. The motion was seconded by Alderman Spoon.
On the Clerk's calling the roll, the following vote resulted: Ayes — Alderman Swaim, Parker, Dodd, Spoon and
Sagely. President Pro-Tempore, Bill Swaim declared the motion carried as there were five (5) ayes and (0) nays.
Four(4)votes being necessary for passage.
President Pro-Tempore, Bill Swaim asked Mr. Jim Alexander and Mr. Shep Russell to explain the Ordinance.
Mr. Alexander said the l z percent on the sales tax would go into effect September 1, 2005. He said the bond issue
was scheduled to be a two (2)year bond issue, which would pay off with no growth in January 2007. Mr.
Alexander said this was $1,700,000 in bonds for Library improvements. Mr. Alexander said the bonds would be
3°o on the one (1)year bond and 3.05%on the two (2)year bond. President Pro-Tempore Bill Swaim asked if the
bonds were sold. Mr. Alexander said they were agreeing to buy the bonds at that price.
Mr. Shep Russell said they were trying to give them an overview of the Ordinance. He said basically the
money would be disbursed based on requisitions submitted by persons authorized by the Council to make
disbursements. Mr. Russell said the City would be in charge of spending the bond money. He said certain
expenses would be paid based on what the Mayor and City Clerk certify to do. Mr. Russell said if the
improvements haven't been done by the time the bond issue was paid off the City would set up a new construction
fund in a bank account of the City's choice.
President Pro-Tempore, Bill Swaim asked for a motion to further suspend the rules and place the Ordinance on
the second reading. Alderman Spoon made a motion to suspend the rules and place the Ordinance 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, Dodd, Spoon and Sagely. President Pro-Tempore, Bill Swaim
declared the motion carried as there were five (5) ayes and(0) nays. Four (4)votes being necessary for passage.
The Clerk then read the Ordinance the second time. President Pro-Tempore, Bill Swaim asked if there was any
discussion. There was none.
President Pro-Tempore, Bill Swaim asked to further suspend the rules and the Ordinance placed on the third
and final reading. Alderman Dodd made a motion to suspend the rules and place the Ordinance on its third and
fmal reading. The motion was seconded by Alderman Sagely. The Clerk read the Ordinance title for the third and
fmal time. On the Clerk's calling the roll, the following vote resulted: Ayes — Alderman Swaim, Parker, Dodd,
Spoon and Sagely. President Pro-Tempore, Bill Swaim declared the motion carried as there were five (5) ayes and
(0)nays. Four(4)votes being necessary for passage. The Clerk then read the Ordinance the third and fmal time.
President Pro-Tempore, Bill Swaim asked if there was any discussion. There was none.
Alderman Parker seconded by Alderman Dodd moved that the Ordinance be adopted. The question was put by
President Pro-Tempore, Bill Swaim on the adoption of the motion and the roll being called, the following voted
aye: Alderman Swaim, Parker, Dodd, Spoon and Sagely. And the following voted nay: none.
Motion was made by Alderman Spoon and seconded by Alderman Parker that the emergency clause be
adopted. On the Clerk's calling of the roll the following vote resulted: Ayes: Alderman Swaim, Parker, Dodd,
Spoon and Sagely. President Pro-Tempore, Bill Swaim declared the motion carried as there were five (5) ayes and
(0) nays. Four (4)votes being necessary for passage. President Pro-Tempore, Bill Swaim thereupon declared the
Ordinance duly passed and signed same in open Council, duly attested by the City Clerk.
• THE ORDINANCE WAS GIVEN THE NUMBER 20-2005
. The bonds shill it ' ...`fie, its - re.
on September 1 in the amounts.and in the years as follows:
ORDINANCE NO.20-2005 (September 1) interest Rate
AN ORDINANCE AUTHORIZING THE ISSUANCE OF SALES AND 2006 S760,000 ' 3.00%
USE TAX BONDS FOR THE PURPOSE OF FINANCING THE COST 2007 940,000 3.05
OF CAPITAL IMPROVEMENTS;PLEDGING A 0.5%SALES AND •
USE TAX TO.PAY THE PRINCIPAL OF AND INTEREST ON THE The bonds_shall be issuable only as fully registered bonds
BONDS;PRESCRIBING OTHER MATTERS RELATING THERETO; without coupons In the denomination of$5,000 or any integral
AND DECLARING AN EMERGENCY. multiple thereof. Unless the City shall otherwise direct,the
bonds shall be numbered from 1 upward to order of issuance.
WHEREAS,there was submitted to the qualified electors Each bond shall have a CUSIP number but the failure of a
of the City of Van Buren,Arkansas(the"City")the question of CUSIP number to appear on any bond shall not affect its valid-
issuing,under Amendment No.62 to the Constitution of the ity.
State of Arkansas(the"State"),and under Title 14,Chapter
164,%W orMtg3 of the Arkansas Code of 1987 Annotated The bonds shall be registered initially in the name of Cede
(the Legislation"),capital improvement bonds in &Co.,as nominee for the Depository?Must Company("DT
the maximum principal amount of$1,700,000 for the purpose which shall be considered to be the registered owner of Um
of financing,all or a portion of the costs of library facilities, bonds for.all purposes under this Ordinance,including,with-
including particularly, without limitation, acquiring, con- out limitation,payment by the City of principal of,redemption
strutting, 1pping and furnishing library facilities,and any price,premium,If any,and interest on the bonds,and receipt
land n and Parking, street, drainage and utility of notices and exercise of rights of registered owners. There
improvements related thereto or in support.thereof (the shall be one certificated,typewritten bond for each stated
"Improvements");and maturity date which shall be immobilized In the custody of
:,4, DTC with the beneficial owners having no right to receive the
,-.4ffijitlEAS.at the special election held July 12,2005, a bonds in the form of physical securities or certificates. DTC
magerfthof the electors voting on the question approved the and its participants shall be responsible for maintenance of
ASSirruidrof such bonds;and records of the ownership of beneficial interests in the bonds
by book-entry on the system maintained and operated by DTC
WHEREAS,the City Council has determined to proceed and its participants,and transfers of ownership of beneficial
with accomplishing the Improvements and to issue S1,700,000 interests shall be made only by DTC and its participants,by
in aggregate principal of capital improvement bonds desig- book-entry.the City having no responsibility therefor. DTC is
nated as the"City of Van Buren,Arkansas Sales and Use Tax expected to maintain records of the positionsof participants
Bonds,Series 2005(the"bonds");and in the bonds,and the participants and o acting through
participants are expected to maintain of the Pur-.
WHEREAS,the City has made arrangements for the sale of chasers of beneficial interests in the bonds. The bonds as
the bonds to Morgan Keegan & Company, Inc. (the such shall not be transferable or exchangeable,except for
"Purchaser"),ata price of 98.65%of par plus accrued interest transfer to another securities depository or to another nomi-
(the*Purchase Price"), pursuant to a Bond Purchase - nee of a securities depository,without further action by the
Agreement between the Purchaser and the City (the Citjl
"Purchase Agreement"),which has been present-ed to and is
before this meeting;and ifiainy securities depository determines not to continue to
• act as a securities depository for the bonds for use in a book-
WHEREAS,the Preliminary Official Statement,dated August 9, entry system,the City may establish a securities depository/
2005,offering the bonds for sale(the "Preliminary Official book-entry system relationship with another securities
Statement"),has been presented to and Is before this meet- the ing;and request of the benefl alloowners of all outstanding bonds,tinot or is unable to do so,or de
City and the'trustee.after the Trustee has made provision for
WHEREAS,the Limited Continuing Disclosure Agreement notification of the beneficial owners by the then securities
between the City and Bank of the Ozarks, Little Rock, depository,shall permit withdrawal of the bonds from the
Arkansas(the"Disclosure Agreement"),providing for the dis- securities depository,and authenticate and deliver bond cer-
closure obligations of the City with respect to the bonds,has tiflcates in fully registered form(in denominations of$5,000
been presented to and is before this meeting; or Integral multiples thereof)to the assigns of the securities
NOW,THEREFORE,BE if ORDAINED by the City Council of depository or its nominee,all at the cost and expense(includ-
the City of Van Buren,Arkansas: ing costs of printing definitive bonds)of the City,if the City
fails to maintain a securities depository/book-entry system,
Section 1. The Improvements shall be accomplished,and or of the beneficial owners,if they request termination of the
the Mayor and City Clerk are hereby authorized to take all system.
action necessary in connection therewith and to execute all
•
required contracts and documents. Prior to Issuance of the bonds,the City shall have execut
ed and delivered to DTC a. written agreement (the
Section 2. The Offer of the Purchaser for the purchase of "Representation Letter")setting forth(or incorporating there-
the bonds from the City at the Purchase Price,for bonds bear- in by reference)certain undertakings and responsibilities of
ing interest at the rates per annum,maturing and otherwise the City with respect to the bonds so long as the bonds or a
subject to the terms and provisions hereafter in this portion thereof are registered in the name of Cede&Co.(or a
ordinanceset Irate in detail be,and IS hereby accepted and substitute nominee)and held by DTC. Notwithstanding such
the Purchase Agreement in substantially the form submitted execution and delivery of the Representation Letter,the terms
to this meeting,is approved and the bonds are hereby sold to thereof shall not in any way limit the provisions of this Section.
the.Purchaser.The-Mayor is hereby authorized and directed or in any other way impose upon the City any obligation what-.
to execute and deliver the Purchase Agreement on behalf of soever with respect to persons having Interest in the bonds
the CitYind to take all action required on the part of the City other than the registered owners.as shown on the registra •
-
to fulflil Its obligations under the Purchase Agreement tion books kept by the Trustee. The Trustee shall take all
hereby
action necessary for all representations of the City in the
approvedseetion�d The PreliMinarY Official Statement use Preliminary Officiial times be ccoomplieddwithwith respect to the Trustee to at all
Statement by the Purchaser in connection with the sale of the
bonds is hereby in allapproved and con-firmed,and The authorized officers of the Trustee and the City shall do
the Mayor be and he is�y authorized and directed,for or perform such acts and execute all such certificates,docu-
;aad on behalf of the City,to execute the Preliminary Official ments and other instruments as they or any of them deem
and the final Official Statement in the name of the necessary or advisable to facilitate the efficient use of a secu-
City far use in connection with the sale of the bonds as set rities depository for all or any portion of the bonds;provided
forth in the Purchase Agreement that neither the'trustee nor the City may assume any obliga-
tions to such securities depository or beneficial owners of
Section 4.The Disclosure Agreement,in substantially the bonds that are inconsistent with their obligations to any rag-
form submitted to this meeting,is approved,and the Mayor is istered owner under this Ordinance.
hereby authorized and directed to execute and deliver the
Disclosure Agreement for and on behalf of the City. The Each bond shall be dated as of September 1,2005.Interest
Mayor is authorized and directed to take all action required oh on the bonds shall be payable on March 1.2006,and Semian--
t e part of the City to fulfill the City's obligations under the nualy thereafter on March 1 and September 1 of each year.
Disclosure Agreement Payment of each installment of interest shall be made to the
• person in whose name the bond is registered on the registra-
Section 5. tinder the authority'of the Constitution and tin books of the City malpitainedby Rank of the.Ozalcs,Little
laws of the State,including particularly Amendment No.62 to Rock.Arkansas,as Trustee and Paying Aaent(the."istee").
the Constitution of the State and the Authorizing Legislation. at the close of business on the fifteenth day of the Month
the bonds•are hereby authorized and ordered issued in the (whether or nota business day)next preceding each interest
total nrdpal amount of$1,700,000,.the proceeds of the sale payment date(the"Record Date").irrespective of any bans-
of wl are necessary to provide sufficient funds.along with for or exchange of any such bond subsequent to such Record
other lilableys,for accomplishing the Improvements, Date and prior to such Interest payment date.by.check or
peyinDexpert Incidental thereto and paying expenses of draft mailed bythe Trustee tosuch owner at his address on
tlhehaorccis u 4tti1. a,ayi,�4,,„i: ;, such registration books. Principal of the bonds shall be
payable at the corporate trust of -of the Trustee.
I
1
Section 6. The bonds shall be executed on behalf of the
Each bond shall bear interest from the payment date next City by the manual or facsimile signatures of the Mayor end
preceding the date on which it is authenticated unless It IS City Clerk and shall have impressed or Imprinted thereon the
authenticated on an Interest payment date,in which event it seal et the city.
shall bear interest from such date;or ung It Is authenticat-
ed prior to the first interest payment date.In which event it Section 7. The bonds and the Trustee's Certificate shall
shall bear Interest from September lr 2005,or Wass It is be in substantially the following form end the_MaYer and idty
authenticated during the period from the Record Date to the Clerk are hereby expressly au-thorized and dbected to make
next interest payment date:In which case it shallbear Iter all recitals contained!hereto:
est from such interest payment date,or unless attletlne of -
authentication thereof interest is in default thereon,In which (Form of Bond) ,
event It shall bear interest from the date to which Interest has
been paid. REGISTERED REGISTERED
Certificate of bondslln ha�end y inotn the thereon�a No._ i
forth in Section 7 hereof(the"Certificatee"")duly executed by UNITED STATES OF AMERICA
the Trustee shall be entitled to any right or benefit under this STATE OF ARKANSAS
Ordinance. No bond shall be valid and obligatory for any pur- COUNTY OF CRAWFORD
pose unless and until the Certificate shall have been thdy exe- CITY OF VAN BUREN
cuted by the'trustee,and the Certificate of the lkusteempon SALES AND USE TAX BOND
any such bond shall be conclusive evidence that such bond SERIES 2005
has been authenticated and delivered under this Ordinance.
The Certificsat�e on any bond shall be deemed to have been Interest Rate: % Maturity Date September 1,
2005
itsecuted if shallnot be necessary
ned by an o the same officer sign the Regisofficer of the trustee,but Dated tered te:September 1&Co.
Certificate on all of the bonds. Principal Amount Dollars
CUSIP No.:
In case any bond shall become mutilated or be destroyed
or lost,the City shall,if not then prohibited by law,cause to be KNOW ALL MEN BY THESE PRESENTS:
executed and the Trustee may authenticate and deliver a new
bond of like date,series,maturity and tenor in exchange and That the City of Van Buren,County.of Crawford,State Of
substitution for and upon cancellation of such mutilated Arkansas(the"City"),for value received.hereby promisee to
bond,or in lieu of and in substitution for such bond destroyed pay to the Registered Owner shown above upon thepresenta-
or lost,upon the owner paying the reasonable expenses and tion and surrender hereof at the principal cornetts that
dirges of the Oty end Trustee in eouaneCtton therewith,and, office of Bank of the Ozarks,Little Rod,Arkansas,or Its suc-
in the case of a bored destroyed or lost,his filing with the cessor or successors, as Trustee and Paying Agent.{tete
Trustee evidence satisfactory to It that such bald was "Trustee"),on the Maturity Date shown above,the Prb �el
destroyed or lost,and of his ownership thereof,and fumishhg Amount shown above,in such coin or currency of the United
the City and Trustee with indemnity satisfactory to them.The States of America as at the time of payment shall be legal ten-
Trustee is hereby au-thorized to authenticate any such new der for the payment of public and private debts and topay by
bond.,In the event any such bond shall have matured,indeed check or draft to the Registered Owner shown above interest
of issuing a new bond,the City may pay the same*Mout the thereon,in like coin or currency from the Interest OonmaRoe-
surender thereof. Upon the issuance or a new bond under : mem date described below at the Interest Rate per annum
this Section,the City may require the payment of a sum suffi- shown above,payable on each March 1 and Septetnber
1 after
dent cover oer any tax or'other governmental charge the Dated Date shown above,until shall such
beck*
nci a l
be imposed in relation thereto and any other Amount or,if this bond or a portion of
(including the fees and expenses of the Trustee)connected for redemption,until the date fixed for redemption,and teppayyr
therewith. interest on overdue principal and.interest(to the extent usgaM
ly enforceable)at the rate borne by this bond. Payment of
The City shall cause books for the registration and for the each installment of interest shall be made to the in
transfer of the bonds as provided herein and In the bonds. whose name this bond is registered on the books
The Trustee shall act as the bond registrar. Each bond is of the City maintained by the Trustee at the of business
transferable by the registered owner thareot or by his attor- on the fifteenth day of the month(whether or not a bushes:
ney duly authorized in writing at the principal office of the day)next preceding each interest payment date(the"Record
Trustee. Upon such transfer a new fully registered bond or Date"),irrespective of any transfer or exchange of this bond
bonds of the same series and maturity,of authorized+denom- subsequent to such Record Date and prior to such interest
ination or denominations,for the same aggregatepayment date.
amount will be Issued to the transferee in exchange tl
Unless this bond is presented by an authorized rep►esen-
Bonds may be exchanged at the principal rate trust tative of The Depository Trust Company,a New York corpora-
,
arper a-
offlce of the Trustee for an equal aggregatepalamount tion ("DTC"), to the Trustee for registration of trend_ r,
of bonds of any other authorized denom on or denomina• exchange or payment,and any certificate issued is registsted
tons of-the same series. The City shall execute and the in the name of Cede&Co.or in such other name as is request-
Trustee
equestTrustee shall authenticate and deliver bonds which the. . ed by an authorized representative of DTC(and any payment
teed owner ie exchange Is emitted to f000lwe Is made to Cede&Co.or to such other entity ash:required by
exec ution'by thi of any bond of any denomkpdiOn shall an authorized representative of DTC),ANY TRANSFER,constitute PLEDBie
full and authorization Of such dentinilnatiel OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO
Thlstee shall-be thereby authorized to r,uthentiCatrn ANY PERSON IS WRONGFUL inasmuch as the register® ed owner
and deliversuch bond hereof,Cede&Co.,has an interest herein. .
No charge Shall be made to any opener of any bond for the This bond shall bear interest from the payment date next
privilege of transfer or exchange,but,any ower of-any hand preceding the date on which it is authenticated unless ft b
requesting any such transfer Or eat afge Shall, any tax or authenticated on an interest payment date,In which event it
other goreraunenW required to be paid With rasped shall bear interest from such date,or unless it Is authenticat=
retd.
theExcept as othe provided in the imifledat ly pfe- ed during the period from the Record Date to the next Interest
ceding sentence.the cost of ng each new bond upon payment date,In which case it shall boar Interest hum such
each exchange or transfer any other expenses Of the City interest-payment date,or unless it Is authenticated prior to
or the Trustee incurred in COmieCSon therewith shill be d the first interest payment dater M which event it shall bear
by the fir:Neither the Thistee ttof the . sidl interest from the Dated Date shown above,or unless at the
to traveler or exchange any bondssefor hi time of authentication hereof interest is in default hereon,In
whole or In part which event it shall bear interest from the date to which Inter-
est has been paid.
The person in whose name any bond shall be registered
shall be deemed and regarded as the absolute owner thereof This bond is one of an issue of City of Van Burgh,Arkansas
for all purposes,and payment of or on account of the prints- sales and Use Tax Bonds,Series 2005, i One Million
pal or premium,if any,or interest on any bond shall be made Seven Hundred Thousand Dollars($1a� 00)IIn elilrellate
-only to or upon the order of the registered owner thereof or principal amount(the"bonds").and is hued for tie purpose
his legal representative, but such registration may be oflinand g all or a portion of the cost-of.library facility
changed as hereinabove provided All such payments shall be. improvements and paying expenses of authorizing end-issu-
valid and effectual to satisfy and discharge the liability upon Ing the bonds.
such bond to the extent of the sum or sums so paid.
The bonds are issued pursuant to and hi fulln
In any case where the date of maturity of interest on or with the Constitution and laws of the State of Manses ansas(tie
principal of the bonds or the datefixed for redemption of any "State"),particularly Amendment No.62 to the Con on of -
bonds shall be a Saturday or or shall be in the State a the State and Tide 14, Chapter 164, Subd apter.3.of'te
legal holiday or a day on which. instil-tutiorle:are Arkansas Code of 1987 Annotated (the "
authorized by law to close,then off Interest or Legislation"),and pursuant to Ordinance No.20 of the CitIC
pal be an udidate*MOIL •, tidy adopted on August 15. 2005 (the "Authorizing
I !' Ordinance"),and an election duly held at whidu thea
.._yam x ) ."" . of the legal voters of the City voting on the
", Il4si sir tlhe:
',the, fore
Y
approved the issuance of the bonds. Reference Is hereby This bond shall not be valid until it shall have been authen-
Made to the AuMgridng Ordinance for the details of the ticated by t Certificate hereon duly signed by the ihastee.
nature and extent of the and of the and oblig-
ations of the City,thelhrstee�the r gi�owners of the THE CITY HAS DESIGNATED THIS BOND AS A"QUALIFIED
bonds. The bonds are special obligations
OBLI
Of the City,payable TAX-EXEMPT GATION" WITHIN THE MEANING OF SEC-
from and secured by a first and parer
pledgeof the TION 265(b)OF THE CODE.
derived by the City from a 0:916 sales and use tax "Tax")
levied by the City under the Authorizing Legislation and IN WITNESS WHEREOF,the City of Van Buren,Arkansas
Ordinance No.City06.2005 ofthe duly adopted on April 18, has caused this bond to be executed by,its Mayor and City
2005;and the hereby pledges collections of the Tax for Clerk and its corporate seal to be Impressed or Imprinted on
the payment of•this bond. this bond,alt as of the Dated Date shown above.
The bonds are subject to extraordinary and optional CITY OF VAN BUREN,ARKANSAS
redemption prior to maturity as follows:, ATTEST: Bill R.Swaim
(1)The bonds shall be redeemed by the City from surplus BY
tax collections(defined below)on any bteret datatyCleric pubs
In whole or In part,at redemption price to the prinei- BaPresident Pro 7enpore
pal amount being redeemed plus Interest to the
redemption date.In inverse order of maturity end by lot with- (SEAL)
in a maturity in such manner as the 1Fuatee may determine.
(Form of Trustee's Certificate)
The City has covenanted In the Authorizing Ordinance that
surplus tax collections, being collections from the Tax in TRUSTEE'S CERTIFICATE OF AUTHENTICATION
excess of the amount necessary to Insure the prompt pay-
ment of the principal of,Interest on andTrustee's and admin- This bond is one of the bonds Issued under the provisions
Istrative fees in cone:-tion with the bonds as the same of the within mentioned Authorizing Ordinance.
become due.
Date of Authentication:
(2)The bonds are subject to redemption at the option of •
the City, from funds from any other source, on and after BANKAe ArikZARK
S
Septembeansas
Interest r 1y,nos,in whole at any time.or In part on any
to the TRUSTEE '
principal
redemption dune.mentdata atredemption interest to the
If fewer than all of the bonds shall be called for redemp- Authorized Signature
tion,the particular bonds or portion thereof to be redeemed
from such maturity-shall be selected by lot by the Trustee. (Form of Asdgmernt)
In case any outstanding bond is In a denomination greater •
than$5,000,each$5,000 of face value of such bond shall be ASSIGNMENT
treated as a separate bond of the denomination of$6,000.
FOR VALUE RECEIVED,
Notice of redemption identifying the bonds or portions ("Transferor"), herebysells, assigns and transfers unto
thereof(which shall be$5,000 or a multiple thereof)to be ,the within bond and all rights thereunder.
redeemed and the date they shall be presented for payment and hereby irrevocably constitutes and appoints
shall be given by the Trustee,not less than 30 nor more than as attorney to transfer the within bond on
50 days Prior to the date fixed for redemption,by mailing a the books kept for registration thereof with full power of sub-
copy of the redemption notes by first class mail.postage pre- stitutlan In the prem
paid, to all registered owners of bonds to be redeemed.
Failure to mall an appropriate notice or any such notice to one DATE:
or more registered owners of bonds to be redeemed shall not
affect thevalidity of the proceedings for redemption of other
bonds as tonotice of redemption is duly given in GUARANTEED BY:
or and timely fashion.All such bonds or portions
called forption and for the retirement of which funds NOTICE: Signature(s)must be guaranteed by a member of or
we duly provided In accordance with the Authorizingreganh$pant In the Securities Ttansfer Agents Medallion
Ordinance prior to.the date fixed for redemption will cease to (STAMP),or In another signature guaranty program
bear interest on such redemption date. recognized by the fiatee.
This bond is transferable by the Registered Owner shown Section 8. The City hereby expresslyappro.
above In person or by his attorney-in-fact duly authorized in print es all of the revenues derived by th . the City's
writing at the principal trust office of the Trustee. 0.5% sales and use tax levied by Ordinance No. 06-2005
but only in the manner.-subjectto the IltaltatIOns and upon passed April 18.2005(thriller"),to the payment oft prin.
payment of the charges prodded In the Authorizing Ordl- opal of and interest on the bonds when due at maturity or at
nonce,and upon surrender and sucancellation of this bond. redemption prior to maturity and to the payment of the
Upon ch transfer a new fully registered bond or bonds of Trustee's and administrative fees and expenses. The City
the same maturity,of autierized denomination or denomina- covenants that the Tax shall never be repealed or reduced
Dors,for the same aggregate prhndedwill be issued while any of the bono is . The.City furtherto the transferee In exchange therefor.. ,This aid ds am is Issued covenants to use due=earth in collecting the Tim. Nothing
- that the laws of the State shall govern its coin- herein shall prohibit the City from kuxeasiap.t lex from
time.to time,to the extent permitted by law,and no part of the
• revenues derived troth any such increase shall become part of
- The ty and the Trustee may deem-and treat the the revenues pledged hereunder.
Registered Owner shown above aS the absolute owner hereof
for the purpose of receiving payment Of or on•ac pount aerie. Section 9. (a)The City hereby designates Bonk of the
dpal hereof and Interest due hereon and for all other purpos Ozarks,Little Rock.Arkansas as the bards which shalt receive
es.and-nelthir the City nor'the Trustee shall be affected by' collections Of the Tax(the "Pledged Revenues")from the
any notice to the contrary. State Treasurer and the Citytof le a written desig-
nation thereof with the State prior te the issuance
The bonds are issuable only as fully registered bonds lr of the bonds. The Trustee shall deposit all collections of the
the denomination of$5,000 and any Integraly�nnhultiple there-of. Tax as and when received in o. fund of the City M the
Subject to the limitations and upon payment of the charges Trustee which is hereby created and designated" s Sakand
provided in the AuthorizingOrdinance,thin'mtlistered bonds Use Tax Bond Fund"(the"Bond Fund")for the purpose of pro-
mo'
be registeredsof the maturity ofother autho-o the bondsas they become dui principal vIdIng funds for the payment of ofand t interest on
at Maturity or at redemption
rized denominations. prior to maturity and the Trustee's.and:administrable fees
and expenses.Moneys In the Bond fiend shall be used on each
IT IS HEREBY CERTIFIED,RECITED AND DECLARED that all Interest payment date in the follridmgorder'"of priority as and
acts,conditions exist,happen and be when necessary:
tip u and
Daws of t State,par-
No.62 to the Constitution of the State (1) to pay the interest on the bonds then due;and
and the Issuance of this have�existed:Precedentpaneto d lIn the
and have (2) to Pia the principal of the bonds then due;and
been performed in due time,form and manner asreqhrfired by
law indebtedness represented byt his WW.and the (3) to make provision In the Bond Fund for of
,issue ot:. it forms ap�t does not exceed constitu- one-half of the principal next due on the bonds if principal is
tithed:er ibory db and that a tart sufficient tansy not due on such interest payment date:and
th ebOnlifeed ba alma heehaw den"Wded braid br
dance With The, tpiilation and made pidysbte.
until all paid and�
-e0t thereon have been fully
• Sectioih'l it ii;hereby covenan nd� City
with the owners of the bonds that the Cit)r will and
(4) t4 pay the Trustee's and administrative fees and punctually-perform aft he with Constitutionandreferenceto the Filen and
expenses thin due;and � the bonds rewired by the and laws of the State
and by this Ordinance,Induding the collection of,the lbx.as
(5) to redeem bonds prior to maturity herein specified and covenanted and the applying of the
Pledged Revenues as herein provided. -
The Bond Fund shall,except as provided in this Section,be Section 14.The Trustee will keep or cause to be kept proR-
depleted once a year except for a carryover amount not to er books of accounts and records in which complete and cor-
exceed the greeter tt'O)one year's earnings on the Bond Fund ren entries shall be made of all transactions relating to the
orOU.1/12 of the annrat debt service on the bonds. Any mon- Pledged Revenues and such books shall be available for
eys In the Bond F uhd•shall,except as provided in this Section, inspection by the City,the Purchaser and the owner of any of
be spent for one of the above purposes within a thirteen- the bods at reasonable times and under reasonable clrcum-
montt► period beginning on the date of deposit, and any stances. The Trustee shall furnish a report to the City on a
amount received from investment of money held in the Bond monthly basis of all receipts and disburse-merits of the
Fund will be spent within a one year period beginning on the Pledged Revenues received by the Trustee.which monthly
date of receipt mmt shall commence one month following the first month in
(b) When the moneys in the Bond Fund shall be and which the Pledged Revenues are received by the Trustee.
remain sufficient to pay(1)the principal of all the bonds then Section 15. (a)If there be any default in the payment of
outstanding,(2)`interest on the bonds until the next interest the principal of and Interest on Thy of the bonds,or if the City
payment date and(3)the Trustee's and administrative fees defaults In the performance of any covenant contained in this
and expenses,there shall be no obligation to make any further Ordinance. the Trustee may, and shall. upon the written
payments into the Bond fund and any Pledged Revenues request of the owners of not less than 10% in principal
remaining In the Bond Fund after the principal of,premium,if amount of the bonds then proper suit axtmpel
any and interest on the bords have been paid may be used by the per(omance of the duties of the officials of the City under
the City for any lawful purpose. the Constitution and laws of the State and under this
(c) All moneys In the Bond Rind shall be used solely for .Ordinance,and ttalany action or obtain any proper relief
the of paying the principal of and interest on the in law or equity available under the Constitution and laws of
bon %the eTrustee's and administrative fees and expenses the State.
There shaft be established and maintained in the Bond Fund a (b) No owner of any bond shall have any right to institute
Redemption Account into which there shall be deposited all any suit,action,mandamus or other proceed rs in equity or in
pledged Revenues remaining after making the applications law for the protection or-enforcement of any dolt under this
required by clauses(1)`through(4)of subsection(a)above Ordinance or under the Constitution and laws of the State
("Surplus Tax Collections").•Moneys in the Redemption unless such owner previously shall have given to the Trustee
Account shall be used on the next available interest payment written notice of the default on account of which such suit,
date for the purpose of redeeming bonds in accordance with action or proceeding is to be taken,and unless the owners of
clause(5)of subsection(a)above. not less than 10%1n principal amount of the bonds then out-
(e) The Trustee is authorized and directed to withdraw the rightding shalloexercisehacmade writtenprequest t the Trustee after
the to such powers or right of action,.a the
moneys from the Bond Rind from time to time as necessary case maybe,shall have accrued,and shall have afforded the
for papprincipal of and interest on the bonds when due at Trustee a reasonable opportunity either to proceed to exer-
madurity�or at redemptIorh prior to maturity and for making dee the powers herein granted or granted by the Constitution
other authorized Bond Fund expenditures. and laws of the State,or to institute such action,suit or pro-
•
ceedsng in its name,and unless,also,there shall have been
(f) The bonds shall be specifically secured by a pledge of offe to the 'Trustee reasonable security and indemnity
the Pledged Revenues, edge which In favor of the bonds is against the cost,expense and liabilities to be incurred there-
hereby irrevocably made rding to the terms of this in or thereby and the Trustee shall have refused or neglected
City,shall
and the pCiityy,,and the officers and employees of the to comply rrerequeq est within a reasonable time,and
strict are hereby
conformity with themprovivisio of carry this Or�dinasncethereof M in every such case,st the option of offer of indemnity
conditions precedent to the execution of the powers and trust
Section 10. Any bond shall be deemed to be paid within of this Ordinance or to any other remedy launder. it is
the meaning of this Ordinance when payment of the prind-pal understood and intended that no one or more owners of the
of and interest on such bond(whether at maturity or upon bonds shall have any right in any manner whatever by his or
redemption as provided herein,or otherwise),either(i)shall their action to affect,disturb or prejudice the security of this
have been made or caused to be made in accordance with the Ordinance,or to enforce any right hereunder except in the
terms thereof,or(ii)shall have been provided for by irrevoca- . manner herein provided,that all proceedings at law or in equi-
bly depositing with the Trustee,in trust and irrevocably set try shall be instituted.had and maintained in the manner here-
aside exclusively for such payment(1)cash sufficient to make in provided and for the benefit of all owners of the outstand-
such payment and/or(2)Government Securities(as defined in , ing bonds,and that any individual rights of action or other
Section 17 hereof)that are direct obligationsofUnitedright given to one or more of such owners by law are restrict-
States of America(provided that such depoit the will not cause ed by this Ordinance to the rights and remedies herein pro-
any of the bonds to be classified as"arbitrage bonds"within vided.
the meaning of-Section 148 of the internal Revenueas to pp( Cpode of
1 Mos itmended(the• interest in amounts'and at such times as will provide sof-i and (c) Alls,rights of action under this t Ordinance or under roe aby
of the bonds,enforceable by the 7Fu3tee,may be�enfo�rcedby.
tided moneys,to make suchpayment,-and all necessary and it without the possession of any of the bonds, such
proper fees,compensation and expenses of the with suit,action o proceeding instituted by the Trustee shall be
reaped to which such deposit is made shall have been paid or brought in its name and for the benefit of all the owners of the
the miftit thereof provided for to the satisfaction of the bonds,subject to the provisions of this Ordinance.
Ili ... Any cash must be insured at all times by the Federal •
Deposit insurance a Oprporation("FDIC")or otherwise collater- (d) No remedy-herein conferred upon or reserved to the
mitred with Government Securities that are direct obligations Trustee or to the owners of the bonds is intended to be exciu-
of the United States of America. : • sive of any other remedy or remedies herein provided and
On the of any bonds within the meaning of this each and every such remedy shall be cumulative and shall be
Ordinance. Trustee shall held in trust,forthe benefit of the in addition by theeverC other remedynf given hereunder or given by
owneiti�such bonds,all such moneys and/or Government any law or Constitution of the State.
(e) No delay or omission of the Trustee or of any owners
When all the bonds shall have been paid within the mean- of the bods to exercise any right or power accrued upon any
ing of this Ordinance and if the Trustee has been paid its fees strdefault shall impairwaiver ofy such rigsuchht of Power o an shall sOoh-
and expenses,the trustee shall take all appropriate action to the ed to be everya a any ein default given byacquiescence
cause(I)the p and lien of this Ordinance to be dis- therein,and power and erd o reined,/ttethis Ordinance
charged and cancelled and(II)all moneys held by it pursuant to the exercised
and r to o ti oee.andthee bonds,vas may
be
to this Ordinance and which are not required for the payment rimy
fern d•expa�dle nt. time to time as often as may be
of such bonds to be paid over or delivered to or at the direc-
tion of the City (f) The trustee may,and upon the written request of the
owners of not less than a majority of the owners In-PAW-0
Section 41. The City covenants that it will not issue any amount of the;bonds then outstandi shall,waive any
additional bonds,or incur any ether obligation,secured by a default which shall have been remedied AAep f
lien on or pledge of the Pledged Revenues. final judgment or decree In any stilt,action.or.
Section 12.Thea bonds sll be callable for p�ymerrt�ioh i the provisions of is any Ordinance or before the
to maturity arcondbeatka the tants set art In the g% �p °f the�affect any othhe'rexIstin but no
,to
se{:,�4, i -: ,, :. such waiver shall extend to or arty.o!!ar exdthg or My
a ,s Rrt
.The
City
it e subsequent default or defaults or hnPsu'any rights or reme-
dies
_tae , 5 �' 3y g Section 16. When the bonds have been executed and
•• sealed as herein provided, they shall be delivered to the
Thustee,which shall authenticate them and deliver them to or
at the direction of the o koto• r upon payment of the Section•18 Bank of the Ozarks,Little. Rock,Arkansas is The;City covenants that. it will not"relitrse itself
Purchase Price'The.�• v: shall be deposited in the appointed
The Trustee shas Trustee all be yr�ponsefoagent r H� Af` ' for art costs paid prior to the
Bond Fund. The expenses of;,'' •thelwnds,es set forth in exercise of good faith and reasonable prudence in the execu,, r are neot in compliance with This
the delivery instructions to the�?rustee signed by the Mayor ";TI'easury, lotion No,e any o cnd i t intent"
P Thif
and City Clerk shall be;paid frau the Purchase Price. tions its linnets. The recitals In this Ordinance and in alta Ordinance�ll cora.titute an"office' intent";for purposes of
bonds are the recitals of the City and not of the Trustee. Tt1e', n,„„,
on:+ •
The balance of the Price Shall be with Trustee shall not be required to take any action as Trustee
• did unless it shall have been requested to do so in writing by the
the Trustee in a special aexbyntcif the CitY hereby created and owners of not less than'10%n principal amount of bonds (d)" The bonds are hereby mean'
naof the quallTe tax
domed the"2005 library Bond: nstruction Find"(the outstanding and shall have been offered reasonable semi% ekempt obi ations"within the meaning of Code,The City
"Cons Fund")..Jim' te:Construction fund and indemnity.againsathe costs.expenses and liabilities to t(¢ �- the ngiation a(pexcl di amount t .a tiwh
aux otflpil g incurred therein or therteby.;Ihe Trustee may resign by idyll fled.tix-exempt oMtgation6 (excluding °private,activity
expenses incidental theretoC� expenses of issuing 60 days'notice in writing to the CityClerk and the owners.o#:r bonds" n the meet Section 141 of the Cede wgnuof
the bomb Moneys In,tine, r ion Fund shall also heare,not' qualltied cede) 3):bonds".within the theanirinate
used a pay the Windp� bonds when the bonds,and the majority in principal amount of the owners Seaton 14S of the Code),including those of IS shhOrdinate
due if moneys a the eoa fund ardent sufficient for that pun- of the outstanding bonds or the City,so long as it is not hi ;eaitlax.issuedin calendar year 2005 are,not expected to
P default hereunder,at any time,with or without cause,may exceed<1Qu000,000.
remove the Trustee. In" the event of,a vacancy in the office of • ..
Disbursements shaipbe made ( the Construction Fund Trustee,the City shall designate a new itustee by a written The City further represents that(1)thea. ,` prinCipal
instrument filed in the office of the City Clerk. The new amount of Its tax-exempt obligations(not ."private
ea the basis of,-regtrlsitigna I specify:the name of Trustee shall be a bank or a trust company duly authorized to
the person,.firm or Dig ,V payment is to be exercise trust powers and subject to examination by federal Code) icjgdn" within the meaning of minesection tier be of
made;the amount of the payme the purpose of the or State authority,having a reported capital and surplus of not vide) iidar In r 2005 will nut a c00,t t"ande
pe rm.Each: inuM ed by the Mayor and less than S15,000,000. The Trustee and any successor Trustee in calendar year'2005 not exceed;S,QOD,000„ (d)
the City Clerk.”The ThestetshaJ records as to all pay- shall file awritten acceptanceand agreement to execute the
mems made frau the C redr ucthnt trusts imposed upon it by this Ordinance,but only upon the least 95%of the proceeds of the bonds will be
When the bonds have beenpaidptife'trustee shall transfer terms and conditions set forth in this Ordinance and subjeecctt.,
the Improvements
all moneys remaining in the Co •on Fund to another to ie e provisions ofe this Oragree. to all of which the ptance ' Section 21. The City covenants that it wilt take no
five owners of the bonds agree. Such written accehall be. which would cause the bonds to be"federally
mnstruction fund esta�Ushed by for the Purpose of shall be filed with the City Clerk,and a copy thereof shall be Within meaning of Section 149(b)of the
Paying any remaining costs of the placed in the bond transcript. Any,successor Trustee shall
•. �g have all the powers herein granted to the original Trustee. Sa dnel covenants that k will submit to tFre
Section 17. (a) Moneys held-for the credit of the Treasury of the United States,not ater than 1,5h
Censtruction Fund may be invested,and reinvested:at the Section 19. (a)The terms of thisOrdinanceshall consti- the second calendar month after-the close+ ti14"�
direction of the City inPerndtted investments or other invest- tote a contract between the City and the owners of the bonds quarter in which the bonds are issued,a stale
cents from time to time permitted by law,which shall mature, and no variation or change in the undertaking herein set forth ing the bonds which contains the information ieq•
u. •
or which shall be subject to redemption by the holder thereof, shall be made while any of the bonds are outstanding except Sectron 149(e)of the Code. F ,
at the option of such helder,.not later than the date or dates as hereinafter set forth in subsections(b)and(c). •
where such Money will required forthe purposes intended S.. Section 22.In the event the office of Mayor,
(b)The Trustee may consent to any variation or change iii' Treasurer or City Council shall be abolbhed,oi;any=
(b) Moneys held for the credit of the Bond Fund shall this Ordinance that the Trustee determines isnot to the mate of such offices shell be meraedsn•Coriso tri
the invested and reinvested at the direction of the CClit�yy in riot prejudice of the owners of the bonds or in order to cure event the duties of a particular offioe'shaitb
Permitted Investments,which shall mature,or which shall-be another office or officer,.or in the event of.A ,,
subject' to redemption by the holder thereof,at the option of ane ambiguity,defect or omission in this Ordinance or any such °film by reason of death, resignadan,'react ,
Kith holder,not later the date or dates when the moneys amendment hereto without the consent of the owners of the office or otherwise,or in the event any Wet:efflpe it
will be required for pay the principal of and interest on bonds. . , :become incapable of performing the duty of We office
the bonds when due. Otherekix
(c)The owners of not less than 75%in aggregate principal reason of sickness,absence from the City or
Rowers conferred and all obligations and duties.
(c) Obligations se purchased as an investment of mon- amani
'a the bonds then outstanding shall have the right, such office or officer shall be performed by-the office
eys.in any fund shall be deemed at all times to be a part of from lime to time,anything contained in this Ordinance to.the cer succeeding to the principal functions thereof,lir by
such fund and the intim accruing thereon and any profit contrary notwithstanding, to consent to and approve the office or officer upon whom such powers,-ob
realized from such Investments shall be credited to such fund, adoption by the City of such ordinance supplemental hereto duties shall be imposed by law. r
and any loss resulting from such Investment shall be charged as shall bniet essary or desirable for the purpose-of modify*
to such fund. -ing,altering,amending,adding to or rescinding,in anypartic= Section 23..The provisions of this Ordinance are -. „L. ,
Hilar,,any of the terms or provisions contained Inthis and in the event that any section or part hereof
(d) "Permitted l ivestments are defined to mean Ord�er:in any supplemental ordinance;provided,how- to.be Invalid,such invalidity shall not affect the
• .-
ever,thatrllothing contained in this Section shall permit or be this Ordinance.
(I) Cash(insured*tall times by the FDIC or otherwise clog as•permitting(1)an extension of the maturity of Section 24. All ordinances.and resol .
collateralized with obligations described in clause(2)below); the:pr tof or the interest on any bond,or(2)a reduction x
1 in the pal amount of any bond or the rate of interest thereof in conflict herewith are hereby repeal to the
(2) Director fully guaranteed obligations of(including thereou3,or (S) the creation of a pledge of the Pledged, of such conflict 4 .�
obligations issued or held in book entry form on the books of)„Revenues superior to the pledge created by this Ordinance,or
the limited States of America("Government Securities"); (4)a privilege or,priority of any bond or bonds over any other Section 25. It is hereby ascertained and deo _ 4
bonder hotels,or(5)a reduction in the aggregate principal Improvements are immediately needed for thee • rt,"
(3) Time deposits or certificates of deposit of banks, amount of the bonds required for consent to such supplemen- the public peace,health and safety and to• „
i i Hazards thereto. The Improvements cannot be -
without the issuance of the bonds,which._cannot •.'
including the Trustee,which are members of the FDIC,to the on 20: (a) The City covenants that it shall not take the interest rates specified herein unless this 0 .
eudent insured by the FDIC,or if in excess of insurance cover array er suffer or permit any action to be taken or condi immediately effective. Therefore,itis declared that an
age, are collateralized by Government Securities or other tion to.exist Which causes or may cause the interest payables gency exists and this Ordinance being necessary
securities authorized by State law to-secure public deposits; •On..the bow to be included in gross income;for.federal preservation of the public peace,health and safety
and incorne'taxpurposes. Without limiting the generality,ofthe force and take effect immediately upon and after its •
,the City covenants the proceeds of the sale of
(4) Investments in. a money'market fund consisting- the and the Pledged Revenues will not be used directlyPASSED:August 15.2005.
primarily'of Government Securities. ': win y in such manner as to cause the bonds to be treat- APPROVED:
ed as"arbitrage bonds"within the meaning of Section 148 of Bill R.Swaim
(e) All investments and deposits shall have a par value the Code. President Pro Tempore
(or market value when less than par),.exclusive of accrued -'
interest at all times at least equal to the amount of Money `•• ,"(p)" City represents that it has not used or permitted ATTEST: -* ,
credited to such funds and shall be made in such a manner- the use of d covenants that it will not use or permit the use Barbie Curtis „
that the money required Lobe expended from,any fund will be; of the Inv.,.vements or the proceeds of the bonds,in such city Clerk
avail-able at the proper time or times. manner.as cause the bonds to be"private activity bonds"
within the =: ing of Section 141 of the Code. In this regard, (SEAL)
the-City covenants that(1)it will not use(directly,or indirect
ly)the proceeds of the bonds to make or finance loans to any -
person, cad (ii)that while the bonds are outstanding the 'ublished in the August 20,2005 issue of the.Press
Improvements will only be used by state or local governmen- Courier
tal units.dr'by persons on a basis as members of the general '
Public ,
Next on the agenda was the Financial Statement. Motion was made by Alderman Spoon and seconded by
Alderinan Parker to appropriate the sum of $1,195,685.19 to pay expenses and salaries for July 2005, presented by
the City Clerk Treasurer. The Council followed with a unanimous vote.
•
8-08-20u5 01:52 PM CITY OF VAN BUREN PAGE: 1
TRIAL BALANCE
AS OF: JULY 31ST, 2005 ,....-....-.......1
10 -General Fund `�-�'
••• MONTH TO DATE... ... YEAR TO DATE ...
ACCTB ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS
ASSETS
1000 Petty Cash 0.00 200.00
1020 Cash in Bank 120,225.03 226,067.50
1020.10 Cash in Bank - Sales Tax City 0.00 0.00
1020.18 Cash in Bank - PD Co Tax 11,316.93 20,300.02
1020.19 Cash in Bank - FD Co Tax 54,928.07 20,209.35
1020.20 Cash In Bank-Erosion Control 675.00 1,650.00
1020.27 Cash in Bank - Levee 2,100.00 3,994.17
1020.31 Cash in Bank - Parks&Rec 403.20 19,529.72 0- A
1020.51 Cash in Bank - Cemetery 1,560.95 7,358.71
1020.91 Cash in Bank - Cap Imp 9,639.38 178,243.00 854 , 26 ( • 50+
1040 Investments 1,762.56 1,762.56 1 :5 2 6 . 1 3+
1040.10 Investments - Sales Tax City 0.00 0.00
306 ,402 • 3z+ -
1040.18 Investments - PD Co Tax 0.00 0.00
1040.19 Investments - FD Co Tax 0.000.00 2 3 ,5 4 i • 1 2+
1040.27 Investments - Levee 0.00 0.00 I ,7 5 1 • 3 2+
1040.31 Investments - Parks&Rec 0.00 0.00
7,208 •U4+
1040.51 Investments - Cemetery 3.50 48,556.98
9b5•"Ib+
1040.91 Investments - Cap Imp 0.00 914,204.49 L
1040.92 Capital I_provement CD 0.00 0.00
1050 Fixed Assets 0.00 0.00 1 , 1 9 5 ,b 3 5 • 1 9 k+'
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
1
1 2000 Accounts Payable 87,423.87 0.00 I
• 2010 Municipal Health Ins. Payable 0.00 0.00
2030 Colonial Life Payable 0.00 0.00
2035 Credit Union-First Resource 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 Ina. of Georgia Payable 0.00 0.00
1 2130- Garnishments Payable 0.00 0.00
1
0 2135 R. Allen Trust #502355610 0.00 0.00
• 2140 United Nay Payable 0.00 0.00
• 2150 Parks&Rec. P.O.D. 5.00 210.00
• 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
2177 Police Officers Union 0.00 0.00
2200 Nage Payable 0.00 0.00
Next Police, Fire, Building Inspector, District Court and Engineer Reports were presented for filing.
President Pro-Tempore, Bill Swaim said there would be a ribbon cutting August 17th at 10:30 a.m. at Kopper
Kettle and also on August 24th at 6:00 p.m. for Lowe's.
There being no further business Alderman Parker seconded by Alderman Sagely made a motion to adjourn. The
Council followed with a unanimous vote. The meeting adjourned at 8:00 p.m.
APPROVED:
'ATTESTED: �\�
C0 . MAYOR
CITY CLERK-T . SURER
c-i -,-, -\e