07 July 2004 Regular MINUTES OF THE VAN BUREN, ARKANSAS
CITY COUNCIL MEETING HELD JULY 19,2004
The City Council of the City of Van Buren, Arkansas met at 7:00 p.m., Monday, July 19, 2004 at City Hall.
The meeting was called to order by Mayor Riggs, presiding Officer. On roll call the following members answered
as their names were called: Alderman Swaim, Parker, Moore, Dodd and Barker. City Attorney Candice Settle-
Beshears and Deputy City Clerk Connie Hyatt were also present. Alderman Spoon was absent. This made a total of
eight(8)present. A quorum was declared.
The Invocation was given by Mr.Lewis Ballard member of the Van Buren Housing Authority Commission.
Next the Mayor led the Pledge of Allegiance.
On the agenda next, Mayor Riggs asked to adopt the minutes of the Council Meeting on June 19, 2004.
Alderman Swaim made a motion to approve the minutes. Alderman Dodd seconded the motion. On roll call the
following Council members voted aye: Alderman Swaim, Parker, Moore, Dodd and Barker. The following voted
nay: none.
Next on the agenda was to consider AN ORDINANCE VACATING AND ABANDONING A PORTION
OF 1211I STREET, ELM STREET AND THE ALLEY IN BLOCK 6 OF MCGEE ADDITION IN THE
CITY OF VAN BUREN, ARKANSAS. The Clerk read the Ordinance in its entirety. Alderman Swaim moved
that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by
Alderman Parker. On the Clerk's calling the roll, the following vote resulted: Ayes—Alderman Swaim, Parker,
Moore, Dodd and Barker. The Mayor 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 Swaim moved that the rules be further suspended and the Ordinance placed on the third and final
reading. The motion was seconded by Alderman Parker. On the Clerk's calling the roll, the following vote
resulted: Ayes—Alderman Swaim, Parker, Moore, Dodd and Barker. The Mayor 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. The Mayor declared the Ordinance open for discussion. There was none.
The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Alderman Swaim and
seconded by Alderman Parker to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted:
Ayes- Alderman Swaim, Parker, Moore, Dodd and Barker. The mayor declared the motion carried as there were
five(5)ayes and(0)nays. Four(4)votes being necessary for passage.
THE ORDINANCE WAS GIVEN THE NUMBER 9-2004
`~_ 4. g1IIj1iil!
CPI1I
C 3 .3 N
VO..V T
t isli
0 1 ea
liC 4.
g1:14.
- A il-P M1122 2r g .4:.s.
pe3i g4 Ital 11110,11 Ab ..1h
001 Olgt-
finks
b €x11111 4§.4 aid'
a F5:W o i i lir w t„tr�s l.tkaa i p illiiimin,
04Ew gm' s °' .0 g 5%1 Flit - :11.tN
1 64, otz sl v#14,418 El
c 481
g43 '!1.141-11k . is j is ig �yl
` 1, , ';,),7' 8x4 y,,4 e ,, t I I 110 S+"
Y"eM} - s 4�GA 1 f R .4'4 iMiami M
Y
N x : fr'}1' f o- 4 - v * 4
F * g tel
Next the Mayor asked to postpone the regular August Council meeting until August 23rd. due to the Babe Ruth
World Series that are to be held at the Field of Dreams August 14,2004. Aldennan Swaim seconded Alderman
Parker made a motion to postpone the regular meeting of the Council until August 23r1. The Council followed
with a unanimous vote.
On the agenda next was to consider A RESOLUTION SETTING A PUBLIC HEARING FOR THE
ANNEXATION OF CERTAIN LANDS COMPLETELY SURROUNDED BY THE INCORPORATED
CITY LIMITS OF THE CITY OF VAN BUREN. The Clerk read the Resolution in its entirety. The Mayor
asked if there was any discussion. Alderman Dodd asked why Lake Lou Emma was not included in the
annexation. City Attorney Candice Settle-Beshears said the property was exempt from being annexed and they
had chosen not to release the property to be annexed. Alderman Swaim asked for the addresses of the owners of
the property to be annexed. Alderman Swaim seconded by Alderman Parker moved that the Resolution be
adopted. The question was put by Mayor Riggs on the adoption of the motion and the roll being called, the
following voted aye: Alderman Swaim, Parker, Moore, Dodd and Barker. And the following voted nay:none.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which was attested by the
Deputy City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 7-1-2004
•
CITY OF VAN BUREN,ARKANSAS SECTION 2: That the City Clerk of Van Buren,Arkansas is hereby directed to give
notice by publication one time at least fifteen(15)days prior to the date of
RESOLUTION NO. '7`I -2004 the public hearing in some newspaper published in Crawford County
advising the property owners affected that on said date and time the
A RESOLUTION SETTING A PUBLIC HEARING FOR THE ANNEXATION OF Council will discuss said Petition.
CERTAIN LANDS COMPLETELY SURROUNDED BY THE INCORPORATED CITY
LIMITS OF THE CITY OF VAN BUREN. SECTION 3: That the City Clerk of Van Buren,Arkansas is hereby directed to notify all
property owners within the area by certified mail of their right to appear at
WHEREAS, A.C.A.14-40-501—14-40-503 provides that unincorporated islands of land the public hearing
that have been completely surrounded by the incorporated limits of a PASSED AND APPROVED THIS I DAY OF JULY,2004.
municipalitymaybe annexed by that municipality;and
WHEREAS, The City of Van Buren desires to annex certain lands with the following
legal description: MA R JO
Legal Description ATTESTED:
The Southwest Quarter of the Northwest Quarter of Section 18,Township 9 North,Range 31 West µL. t e a*,
The Southeast Quarter of the Northwest Quarter of Section 18,Township 9 North,Range 31 West. 6-irk‘Gta1c
The Northeast Quarter of the Northwest Quarter of Section 29,Township 9 North,Range 31 West
The Northwest Quarter of the Northeast Quarter of Section 29,Township 9 North,Range 31 West.
The Northeast Quarter d the Northeast Quarter of Section 29,Township 9 North,Range 31 West.
The Southwest Quarter of the Northeast Quarter of Section 29,Township 9 North,Range 31 West.
The Southeast Quarter of the Northeast Quarter of Section 29,Township 9 North,Range 31 West.
The Northeast Quarter of the Southwest Quarter of Section 29,Township 9 North,Range 31 West.
The Northwest Quarter of the Southeast Quarter of Section 29,Township 9 North,Range 31 West
The Southwest Quarter of the Southeast Quarter of Section 29,Township 9 North,Range 31 West.
The Southwest Quarter of the Northeast Quarter of Section 11,Township 9 North,Range 32 West.
The Southwest Quarter of the Northwest Quarter of Section 15,Township 9 North,Range 32 West.
The Northwest Quarter ofthe Southwest Quarter of Section 15,Township 9 North,Range 32 West
WHEREAS, the City of Van Buren intends to provide all necessary urban services,
including fire and police protection,to the area.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VAN BUREN,ARKANSAS:
SECTION 1: That a Public Hearing is set for August a3' 2004, at 7:00 P.M.,for
public comment on said proposed Annexation.
On the agenda next was to consider A RESOLUTION ACCEPTING THE BID OF WILSON BROTHERS
CONSTRUCTION FOR THE ELM STREET DRAINAGE IMPROVEMENTS PROJECT. The Clerk read
the Resolution in its entirety. The Mayor asked if there was any discussion. There was none. Alderman Swaim
seconded by Alderman Dodd moved that the Resolution be adopted The question was put by Mayor Riggs on the
adoption of the motion and the roll being called, the following voted aye: Alderman Swaim, Parker, Moore, Dodd
and Barker. And the following voted nay: none.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which was attested by the
Deputy City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 7-2-2004
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. 1 -?- -2004
A RESOLUTION ACCEPTING THE BID OF WILSON BROTHERS CONSTRUCTION
FOR THE ELM STREET DRAINAGE IMPROVEMENTS PROJECT.
WHEREAS, The Mayor has advertised for bids for the Elm Street Drainage
Improvements Project;and
WHEREAS, Bids have been received and opened as advertised;and
WHEREAS, The Council feels that the bid of Wilson Brothers Construction is the best
bid;
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS:
SECTION 1: The Bid of$109,137.00 by Wilson Brothers Construction is accepted.
SECTION 2: The Mayor is authorized and directed to pay for all expenses relating to
the Project out of the Street Fund.
PASSED AND APPROVED THIS i q DAY OF JULY,2004.
MAYO :1 RI e..%
ATTESTED:
c .1C\t
On the agenda next was to consider A RESOLUTION ACCEPTING TITLE TO CERTAIN PROPERTY
IN THE CITY OF VAN BUREN,ARKANSAS. The Mayor said they were going to postpone the Resolution
until a later date. Alderman Swaim asked why they wanted the land. He said the Crawford County Levee Board
would still have mineral rights, tax collection rights, Lein rights, and it looked like the only thing we would have is
to keep up the maintenance. The Mayor said they wanted the land for the Port and other expansions of 59 South.
Next on the agenda was to consider AN ORDINANCE TO AMEND ORDINANC 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 Ordinance was
recommended by the Planning Commission. The Clerk read the Ordinance in its entirety. Alderman Swaim moved
that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by
Alderman Parker. On the Clerk's calling the roll, the following vote resulted: Ayes—Alderman Swaim, Parker,
Moore, Dodd and Barker. The Mayor 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 Swaim moved that the rules be further suspended and the Ordinance placed on the third and final
reading. The motion was seconded by Alderman Parker. On the Clerk's calling the roll, the following vote
resulted: Ayes—Alderman Swaim, Parker, Moore, Dodd and Barker. The Mayor 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. The Mayor declared the Ordinance open for discussion. There was none.
The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Alderman Swaim and
seconded by Alderman Parker to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted:
Ayes- Alderman Swaim, Parker, Moore, Dodd and Barker. The mayor declared the motion carried as there were
five(5)ayes and(0)nays. Four(4)votes being necessary for passage.
The Mayor then declared the Ordinance duly passed and signed same in open Council, duly attested to by the
Deputy City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 10-2004
p^WZ_LL. li 4i yi.Nd Zd O a��� V 'O C ld C',�+a�+ li
g Nitro ci$' 8�' "11. t/i g8 ia- 19g' wgril; N:
6 H it§W ia.gc =0'ilitiliall3111
g eDsag D00y� ci its`Z` i _ 461i liW !ill
•QP' yY� .�it X2t1pg11 8Q.. 3L12 2 r . 11' iile'14 ilm/a ilent
10 ., 1! s=" > a lig
g ilk Ifilli;11
Next on the agenda was to consider AN ORDINANCE ADOPTING A GRADING AND EROSION
CONTROL ORDIANCE. The Ordinance was recommended by the Planning Commission. The Clerk read the
Ordinance in its entirety. Alderman Swaim moved that the rules be suspended and the Ordinance be placed on its
second reading. The motion was seconded by Alderman Dodd. On the Clerk's calling the roll, the following vote
resulted: Ayes—Alderman Swaim, Parker, Moore, Dodd and Barker. The Mayor 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 Swaim moved that the rules be further suspended and the Ordinance placed on the third and final
reading. The motion was seconded by Alderman Dodd. On the Clerk's calling the roll, the following vote
resulted: Ayes—Alderman Swaim, Parker, Moore, Dodd and Barker. The Mayor 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. The Mayor declared the Ordinance open for discussion. Alderman Parker
questioned the Part A in which there was a seven(7)day period for approval and then in Part B there was a thirty
(30)day period for approval.
Mr. Glen Harvey, concerned citizens spoke about the water drainage from Oliver Springs Subdivision. He said
they had no problems with the drainage until Part II was built. City Engineer Brad Baldwin said that Oliver
Springs Heights II was built with a detention pond and Oliver Springs Heights Phase I was not. Mr. Baldwin said
he would check the problem out.
The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Alderman Swaim and
seconded by Alderman Moore to adopt the Ordinance. On the Clerk's calling the roll,the following vote resulted:
Ayes-Alderman Swaim, Parker, Moore, Dodd and Barker. The mayor declared the motion canted as there were
five(5)ayes and(0)nays. Four(4)votes being necessary for passage.
The Mayor then declared the Ordinance duly passed and signed same in open Council, duly attested to by the
Deputy City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 11-2004
CITYCOF
VAN BUREN, AR- Clearing Any activity that SECTION 3:Permits. plication, indicating the ment Practices (BMP) for periods longer than 2
removes the vegetative A) No person shalt con- reason(s) and procedure !,identifies by the U.S.Envi- weeks.
OAOINANCE NO.11-2004 • surface coverer duct clearing or grading for submitting a revised I ronmental Protection 5)The entire site must be
ANNOROINANCE ADOPTING Drainage Way Any Chan- activity that would require application and/or sub- Agency,and shall be ade- stabilized by seeding and
A GRADING AND EROSION nel that conveys' surface the clearing of one (1) mission. quate to prevent transpor- mulching when Site grad-
CONTROL ORDINANCES, runofffthroughout the site. acre or more without first B) Failure of the Building Cation of sediment from Ing is complete.The Build-
Whereas.The City of Van _ Control A Measure obtaining a site develop- Department to act on an the site to the satisfaction ing Department may re-
Buren does•not currently that vents erosion. meat permit from the City original or revised appli- of Building Department quire stabilization of any
have any ordinance regu- I and Sediment of Van Buren. cation within 30 days of Cut and fill slopes shall be part of the site that will
lating grading and ero- Co lemtiplan A set of plans B) No site development receipt shall authorize the no greater than 2:1, ex- remain inactive for longer
sion as a result of con- '_indicating the specific permit is required for the applicant to proceed in ac- rept as approved by Build- than 2 weeks or when an
struction;and measures and sequefieetg following activities: Any cordance with the plans ing Department to meet erosion problem is'anti-
WHEREAS,,After a public to be used to control Sedi- emergency activity that is as filed unless such time it other community or envi- fled.
hearing and public com- ment and erosion on a de- Immediately necessary for extended by agreement ronmental objectives. 6) Techniques that divert
meat, the Planning Corn- velopment site during and the protection of life, between the applicant and B)Clearing and grading of upland runoff past distur-
mission as recommended after construction. property, or natural re- Building Department natural resources,such as bed slopes shall be em-
that the City adopt an or- Grading Excavation or fill sources.'Existing nursery •SECTION 5: Erosion and forests and wetlands, ployed.
dinance regulating grad- of material, including the and agricultural opera- Sediment Control Plan shall not be permitted,ex F) Sediment connote're-
Ing and erosion. resulting conditions there- tions. A) The Erosion and Sedi- rept when in compliance quirements shall include:
NOW, THEREFORE, BE IT of. C) Each application for a ment Control Plan shall in- with this ordinance,state 1) Settling basins, sedi-
OROARRO BY THE CITY Perimeter Control A barn- site development permit dude the following„ and federal law.Site grad- ment traps,and perimeter
COUNCIL OF THE CITY OF •er.that.prevents sediment shall bear the name (s) 1) A site map at a scale ing must meet the follow- controls.
VAN BU I,ARKANSAS: :from leaving n- 'Cyt>fiu- and address of the owner no smaller than 1" =100' ing requirements: ;2)Settling basins that are
SECTION . 1: tering sediment-laden or developer of the site, showing erosion and sedi-, 1) The site must drain -
SWOON.
runoff or diverting.it to a and the name and contact . ment control proposed for away from all buildings I designed in a manner that
During the construction sediment trap or basin. information of the,appli- the site. and toward the city's i allows adaptation to Pro-1
process, drainage pat- Phasing Clearing a'Parcel cant's authorized repre- 2)A sequence of clearing street or a dedicated 1 vide long-term storm wa-
terns are often altered of land to distinct phases., sentative, and grading activities an- drainage ditch. ter management. if re-'
and soil is highly vulnera- with the .stabilization of D)Each application for a ticipated for construction 2)The site should be grad- queued by Building;Depart-1
ble to erosion by wind each phase completed be- site,'development permit of the development site. ed to provide a minimum et.
me
and water.improper grad- fore the clearing ,of the' include Erosion Sequencing shall include of 6"of fall in 10 feet away 3) Protection for adjacent
ing can concentrate or re- next and •Sediment Control the anticipated dates for from building foundations. properties by the use of a
direct that flow nega- Sediment Control 'Meas- Plan. I the start of construction, 3) Drainage should be di- 1 vegetated buffer strip in
tively impacctinng neighbor- uses that prevent eroded E)A site development per- installation of temporary rected away from adja i combination with perime=
hoods and increase soil sediment from leaving the mit is required in associa- erosion and sediment con- cent lots to the maximum ter controls.
erosion. Eroded.soil en- site. tion with all building per- trol measures,and estab- extent possible. G) Waterway and water-
dangers water resources Site A parcel of land or a .mits for new construction. lishment of permanent C) Clearing, except that course protection require-
by reducing water quality contiguous combination No person shall conduct vegetation. necessary to establish menti shall include
and causing the siltation thereof, where."grading clearing or grading activi-, 3) Erosion and sediment sediment control devices, A temporary stream
of aquatic habitat for fish work is performed as a ty until both the building control measures neves- shall not begin until all crossing if a wetwater-
and other desirable spe- single unified operation. permit and associated site sary to meet the objective sediment control meas- course will be crossed
des.Eroded soil also ne- Site Development Permit development permit have of this ordinance that will ures have been installed regularly during construc-
cessitates repair and A permit issue by the been issued by the City of i remain installed and funs- in accordance with the "tion.
cleaninrpg of sewers,ditch- municipality fop fhe,con- Van Buren.There shall be I tioning ,throughout all requirements of the site Stabilization of the water
es,streams and ponds.In struction or action of a$25.00 Erosion and Sedi- phases of construction development permit course channel after any
addition, clearing and ground im . ern nts and ment Control Plan review and after completion of D) Phasing shall be re- in-channel work
grading during construc- structures or the control fee-'which shall be placed developpment of the site quired on all sites disturb- All on site storm water
tion cause the loss of na- of erosi runoff and, in a special fund to pay for until'Ste stabilization with ing greater than 30 acres, conveyance channels
tive vegetation necessary grading. .4 the implementation and permanent vegetation. with the sizes of each must be designed in ac-
for terrestrial and aquatic Stabilization The use of maintenance of these reg- 4) Proposed seeding mix-' phase to be established at cordance with the Van Bu-
itat ' practices that p ex- ulations. • tures and rates, types of Plan review and as ap- ren Minimum Drainage
safeguard• regulationrsons, pro- land-disturbing ng, -__._ _ nd sod, ra method, of seed bed Proved by Building De- Standards.
a result,the purpose of posed soli from SECTION 4: Review and rtmerrt Standards. adequate to
s localThe- preparation, expected Pa deq
activ- = seeding dates, kind and E)Erosion control require- prevent erosion located at
tect property,and prevent . Ity associated with a de- A) The Building Departmenta shall include the the outlets of all pipes and
quantity of mulching for
damage the environ- velopment, including land meat will receive and re- both temporary erosion following: paved channels.
met within the city of preparation such as clear- view each application for control and permanent 1) Soil stabilization shall H) Construction site ac-
Van Buren.This ordinance Ing,grading,and filing;in- a site development permit vegetative stabilization be completed within one cess requirements shall
will also promote the pub- stallation of streets and' to determine its conform- 5) Provisions for morale week of clearing or inac- indude:
tic welfare by guiding,reg- walkways; excavation for ante with the provisions nance of control facilities tivity in construction. 1) A temporary access
elating,. and controlling basements, footings, of this regulation.Within 7 until the site soils are sta- 2)if sending or other veg- road provided at all sites.
the design, construction, piers, or foundations; working days after receiv- bilization with permanent etative erosion control 2) Other measures re-
use, and mainfgaance of erection of temporary ing an application, Build- vegetation. method is used, it shall quired by Building Depart-
any development or other forms; and installation of ing Department. shall in B) Modifications to the' become established with- ment in order to ensure
u .,- or accessory buildings such writing: plan shall be processed in two weeks or the Build- that sediment isnot wash-
asgarages Approve the permit apple-• and proved or disap- ing Department may re- ed into.storm•dains and
cation; quire that the site to be con ruc -vehhees do
i4 pre. W Any body of .proved in the same man-
Or - Water', ding, but net I I Approve thepermitapph- ner as Section IV of this reseeded and/or,much to not track sediment.onto
on land in . - limited act lakes, 1 - ', subject such stabilize the site. public streets.' ,
ren. , ' - as -;so'''; 3)Special techniques that SECTION At
_of ef, :4,,:rt .' ••the BMP on. steep A) Buiklflt, fitment
Ougging ay of ,1- d _ .,, . Lt.:, .• F *,', ^ . . or in drainage ways shall have fug access to
Building department,;• ", =ketie mei'tier . .. • + I,be used to.ensure the site for Inspections to
the City of Van Buren or, • '.y tea - ` and wa stabilization. insure Rance with
". designated represents 15w:...:..:at1t- W mean- "+ 4"., " Wah Soil stockpiles
must
I epi Can Boston
B)A copy of the site de-
velopment permit and al/- in- son
tne•hokgng=eel:evel •snail constitute a sen-
proved Erosion and Sedi- opt permit mrrsuarrt orate offense. Upon con-
,inert Control Plan shall be to this ordhtan v laces tion,viction of any such viola-
maintained at the site the terms of the,permit or ship,
such person,partner
throughoutsite develop- this ordinance the Build- ship, or corporation af shallf
may sus- be punished by fine of
C The permit holder or i� apart not more than$250.00 for
pend oD r feyyoke the site each offense. In addition
his/her representative development permit and to any other penalty au-
,shall make regtdar inspec- any associated building or thorized by this section,
tions of all control in dev lopment permits.
ures to insure compliance B)Violation and Penalties any person, partnership, Ai mow
with the approved Erosion or corporation convicted
and Sediment Control Plan of violating any of the pro CO N IE HYATT
(s). The purpose of such ' visions of this ordinance p�
inspections will be to de- maintain , ex shall be required to bear Pubpl�i�hr di Clark
cavatlon, or Il, or causthe expense of such rests 2004 is ed in the July 24,
tern**the 9Merall effec- the same to be done,con- 2004 issue of the Press Ar-
4 ration.
�, x _� � trary to or in violation of gus-Courier
died any terms of this ordi- SECTION 9'Sever ablfft�l'
onal control measures. nance. Any person violat- fie provisions and sec
inspeetbtgi .rnd �-' ing any of the provisions sthall
of this td ordinance
Shall L of this ordinance shall be shall be deemed to be set
In deemed guilty of a misde- enable, and the invalidity
' 0i!*FAL.' meanor and each day dur- of any portion of this ordi-
s 'p1fe- ing which may violation of nance shall not affect the
k./1;. any of the provisions of validity of the remainder.
this ordinance is commit- PASSED AND APPROVED
I ted;continued,or permit- THIS 19 DAY OF NLY,
pit-. 2004.
•
On the agenda next the Mayor opened a Public Hearing authorizing the issuance of Water& Sewer Bonds. Mr.
Jim Alexander with Rose Law Firm spoke explaining that we are taking advantage of a better interest rate.
Next on the agenda was to consider AN ORDINANCE AUTHORIZING THE ISSUANCE OF$5,725,000
/ATERWORKS AND SEWER SYSTEM REVENUE CAPITAL IMPROVEMENT AND REFUNDING
BONDS, SERIES 2004, BY THE CITY OF VAN BUREN, ARKANSAS; AUTHORIZING A TRUST
INDENTURE SECURING THE BONDS; AUTHORIZING THE SALE OF THE BONDS AND THE
EXECUTION OF A BOND PURCHASE AGREEMENT; PRESCRIBING OTHER MATTERS
PERTAINING THERETO; AND DECLARING AN EMERGENCY. The Clerk read the Ordinance in its
entirety. Alderman Swaim moved that the rules be suspended and the Ordinance be placed on its second reading.
The motion was seconded by Alderman Parker. On the Clerk's calling the roll, the following vote resulted: Ayes—
Alderman Swaim, Parker, Moore, Dodd and Barker. The Mayor 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 Swaim moved that the rules be further suspended and the Ordinance placed on the third and final
reading. The motion was seconded by Alderman Parker. On the Clerk's calling the roll, the following vote
resulted: Ayes—Alderman Swaim, Parker, Moore, Dodd and Barker. The Mayor 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. The Mayor declared the Ordinance open for discussion. There was none.
The Mayor then put the question, "Shall the Ordinance pass?"Motion was made by Alderman Swaim and
seconded by Alderman Parker to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted:
Ayes-Alderman Swaim, Parker, Moore, Dodd and Barker. The mayor declared the motion carried as there were
five (5) ayes and(0)nays. Four(4)votes being necessary for passage.
Motion was made by Alderman Swaim and seconded by Alderman Moore, that the emergency clause be
adopted which motion on roll call carried by the unanimous vote of the Council. The Mayor then declared the
Ordinance duly passed and signed same in open Council, duly attested to by the Deputy City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 12-2004
section 3.The Bonds shall be sold pursuant to the specific terms and cD�i dations she
City of Van Buren,Arkansas orth in a Bond Purchase Agreement, dated July 19, 2004(the"Bond Purchase
ORDINANCE NO.12-2004 agreement"), between the city and the Underwriter,for the purchase price of
W ORDINANCE AUTHORIZING THE ISSUANCE OF$5,725,000 WATERWORKS AND B.75%of the principal amount thereof,plus accrued interest to the date of pun`
;EWER SYSTEM REVENUE CAPITAL IMPROVEMENT AND REFUNDING BONDS,SERIES these,the mayor Is hereby authorized and directed to execute the Bond Purchase •
004,BY THE CITY OF VAN BUREN,ARKANSAS;AUTHORIZING A TRUST INDENTURE .greement on behalf of the city in substantially the form submitted atthis meeting.
.ECURING THE BONDS,AUTHORIZING THE SALE OF THE BONDS AND THE ExECU- ►n executed copy of the Bond Purchase Agreement shall be filed in the permanent
lON OF A BOND PURCHASE AGREEMENT;PRESCRIBING OTHER MATTERS PERTAIN- ecords of the City and kept by the City Clerk
NG THERETO;AND DECLARING AN EMERGENCY lection 4.To prescribe the terms and conditions upon which the bonds are to be
VHEREAS„the City of Van Buren,Arkansas owns a water and sewer system which !xecuted,authenticated,delivered,Issued,accepted,held,and secured,the Mayor
s operated and maintained as a single, integrated municipal undertaking (the 1 s hereby authorized and directed to execute and adcnowledpe,'a mist Indenture,
System"0 on behalf of the City by the Van Buren Water and Sewer Commission(the lated as of April 1.2004;by and betwebn the City and Citizens Bank&That Co...as
Commission");and Yustee, and the City Clerk Is hereby authorized and directed to executc and
VHEREAS,pursuant to the constitution and laws of the state of Arkansas,includ- ccknowledge the Trust Indenture and to affix the seal of the City thereto,and the
ng particularly the Local Government capital Improvement revenue Bond Act of Aayor and City Clerk are hereby authorized and directed to.cause the Hutt hden-
985, as amended, the City is authorized to issue its bonds to finance capital ure to be accepted, executed, and acknowledged by the trustee, The Trust
mprovements to the System,to pledge the revenues of the System to the repay- ndenture is hereby approved in substantially the form submitted at ;meeting,
neat of the bonds,and to refund bonds issued for such purpose;and uhdthe Mayor and City Clerk are hereby autlhorized,upon the advise-O horn-
VHEREAS,the City Council and the Commission have determined that the acquisi- el,to confer with the'Trustee and the Underwriter In order to complete the Bust
ion, construction, and equipping of capital improvements to the System (the ndenture with such modifications asshall be approved by the Mayor end City Clerk,
Improvements")is necessary In order to make the services provided by the system heir execution to constitute conclusive evidence of such approval.
idequate for the needs of the city;and lection 5.There is hereby authorized the preparation and distribution to various
VHEREAS, the City presently has outstanding its Water and Sewer Capital rrospective and actual purchasers of the Bonds of the official Statement dated July
mprovement and Refunding Revenue Bonds,Series 1999,and Waterworks and .9,2004 in the name of the City,describing the City,the Bonds.the System.and the
sewer System revenue Refunding Bonds,Series 2001;and Yost indenture and setting forth such other information as may be determined to
VHEREAS,the City is authorized under Act No. 305 of•the Acts of the General re necessary or desirable.The Mayor,for and on behalf of the City,is authorized to
assembly of the State of Arkansas for the year 1967,as amended("Act 305"),to xecute the Official Statement,an executed copy of which shall be flied in the per-
ledge and cross-pledge the revenues of any City water or sewer utility to revenue nanent records of the City.
ands issued for constructing,reconstructing,extending,improving,or equipping lector 6.The appointment of Citizens Bank&Trust Co.to serve as fiuteeeJs here-
vater and sewer utilities owned by the City at the time of such pledge or cross- ry approved.
Hedge:and lection 7.All actions heretofore taken by the City and the Underwriter in connection
VHEREAS,the City has determined that it can achieve significant interest savings vith the offer and sale of the Bonds are hereby in alla^espects ratified and approved.
ry refunding the 1999 Bonds and to provide moneys for this purpose and for accom- lection 8.The City hereby calls for redemption prior to maturity on October 1,2004,
dishing the improvements,the city has determined to issue its Waterworks and he outstanding 1999 Bonds and instructs the trustee for the 199 Bonds to provide
ewer System Revenue Capital Improvement and Refunding Bonds,Series 2004, hotce of the redemption.
lated August 1,2004(the"Bonds"),in the principal amount of$5,725,000;and lection S.The Mayor and City Clerk,for and on behalf of the City,are hereby author-
VHEREAS,the Bonds shall be issued on a parity of security with the 2001 Bonds;and zed and directed to do any and all things necessary to effect the execution and
VHEREAS,the City has made arrangements for the sale of the Bonds to Morgan ielivery of the Bonds,the Bond purchase Agreement,and the fiat Indenture;the
:eegan & Company, Inc. (the "Underwriter"), pursuant to a Bond Purchase !xecution, delivery of the Bonds,the Bond Purchase App tent,and the mist
.greement,which has been presented to and is before this meeting;and ndenture;the execution, delivery,and distribution of the ficialStateMent the
VHEREAS.the City desires to accept the Underwriters offer to purchase the Bonds xecution and delivery of such other papers and documents necessary to effect the
ud to authorize the Issuance of the Bonds and the execution and delivery of vara- ssuance of the Bonds and the refunding of the 1999 Bonds,including,particularly,
pus documents pertaining to the Issuance of the Bonds;and in undertaking to make available certain financial information and opeldting data
IOW,THEREFORE,BE iT ORDAINED BY THE Clay COUNCIL OF THE CITY OF VAN upon request and to provide notice of certain events;and the performance-Of all
WREN,ARKANSAS,as follows: acts of whatever nature necessary to effect and carry out the autuhhityco ferrel
Action 1.The Improvements shall be accomplished under the control and supervi- ay this Ordinance.The Mayor and the city Clerk are hereby further authloed and
Jon of.and all details in connection therewith shall be handled by,the Commission. lirected,for and on behalf of the City,to execute all papers,.documents.;Cerdfi-
iection 2.The issuance of the Bonds in the aggregate principal amount of$5,725,000 ates,and other instruments that may be required for the carrying out of such,
s hereby authorized for the purpose of accomplishing the Improvements and uuthority or to evidence the exercise thereof.
efunding the 1999 Bonds,and the major and City Clerk are hereby authorized to lection 10.The City Clerk shall maintain as a part of the minutes of the meeting at
xecute.by manual or facsimile signature,and deliver the Bonds to or upon the vhich his Ordinance is adopted,and in permanent records of the City,for inspection
lirection of the Underwriter.The Bonds shall be not general obligations of the City, ry any interested person,a copy of the Trust Indenture,the Official Statement and
rut shall be special obligations,payable from and secured by the revenues of the he Bond Purchase Agreement.
system on a parity of security with the 2001 Bonds.The Bonds shall be dated April lection 11.The City hereby declares its expectation and Intention that bonds issued
i. 2004,and shall be issued in the form and denominations,shall be numbered,and uhd to be issued by the City during calendar year 2004 will not In,the pate
hall be subject to optional redemption prior to maturity all upon the terms and xceed$10,000,000 in principal amount,and the City hereby declares the Bondi to •
wnditions set forth in the Bond Purchase Agreement and Trust Indenture,which are re"qualified tax-exempt obligations"with the meaning of section 265(b)of the
dentified and authorized below.The Bonds shall mature on the dates and in the nternal Revenue Code of 1986,as amended. •
unTiltseristuditear interest at the rates as follows}. faction 12. Emergency Clause. The City Council hereby determines that the
.,;;yr tea..', 15;. ' r� '4,.14%,,r rel � r,te" mprovementsm must be accomplished as soon as possible in order to make the sys-
.,., a w em adequate for the needs of the City and its inhabitants and to insure the cortin-
2006 T " 10,000 -. 2.00 • red operation of the System and that the City can achieve significant interest sav-
2007 3315,000 2.40 • ngs by refunding the 1999 Bonds;that an appropriate way to accomplishment the
2008 $325,000 2.75 mprovements and achieve such savings is by the Issuance of revenue bonds
2009 $340,000 3.00 rayable from revenues of the System as authorized by the Act and that this ordi-
2010' 3370,000 315 lance shall be given immediate effect so that such savings may be secured as soon
2011 • $380,000 3.40 is possible.Therefore,an emergency is hereby declared to exist and this ordinance,
2012 $390,000 3.55 reing necessary for the immediate preservation of the public health,safety,and
2013 $400,000 3.70 velfare,shall be in full force an effect from and after Its passage and approval.
2014 $415,900 3.85' ADOPTED:July 19,2004
2015 0430,000 3.95 '
2016 $455,000 4.05 Aayor John Riggs
2017 $445,000 4.15 ►TTEST:
2018 5190,000. 4.35 1y:Connie Hyatt
2019 $508,000 4.35 leputy City Clerk
SEAL)
published in the July 24,2004 issue of the Press Argus-Courier
Next on the agenda was the Financial Statement. Motion was made by Alderman Swaim and seconded by
Alderman Dodd to appropriate the sum of $987,799.50 to pay expenses and salaries for June 2004, presented by
the Deputy City Clerk Treasurer. The Council followed with a unanimous vote.
8 1 1 ti.O 2-+
7-13-2504 03:5! PN 1.2t5',;,:,01:4 CITY OF VAN BUREN
PAGE: 1
1 2 6,8 0 9-7 7+ TRIAL HALAMCE
14.019-83+ AS OF: JUNE 30TH, 2004
10 -General Fund 2.599-0-6+
4.576.00+ ••• MONTH TO DATE ••• ••• YEAR TO DATE •"•
20.491 46+
ACCT{ ACCOUNT, DEBITS CREDITS DEBITS CRSDITB
1 6,000•00+
1.028•59+
ASSETS
987.799.503+
1000 Petty Cash 0.00 200.00
1020 Cash in Bank 5,772.06 108,453.58
1020.10 Cash in Bank - Sales Tax City 0.00 0.00
1020.18 Cash in Bank - PD Co Tax 560.14 23,751.04
1020.19 Cash in Bank - FD Co Tax 2,453.22 51,096.95
1020.27 Cash in Bank - Levee 0.00 394.17
1020.31 Cash in Bank - Parks &Sac 18,056.26 91,264.32
1020.51 Cash in Bank - Cemetery 441.93 2,470.40
1020.91 Cash in Bank - Cap Imp 4,150.49 316,673.21
1040 Investments 2.53 0.00
1040.10 Investments - Sales Tax City 0.00 0.00
1040.18 Investments - PD Co Tax 0.00 0.00
1040.19 Investments - FD Co Tax 0.00 0.00
1040.27 Investments - Levee 0.00 0.00
1040.31 Investments - Parks &Rec 0.00 0.00
1040.51 Investments - Cemetery 2.53 48,514.93
1040.91 Investments - Cap Imp 0.00 909,012.40
1040.92 Capital Improvement CD - 0.00 0.00
1050 Fixed Assets 0.00 0.00
1051 Accumulated Depreciation 0.00 0.00
1504 Due from Payroll 0.00 0.00
1505 Due From Other Funds 0.00 0.00
1520 Due from Street Fund 0.00 0.00
1540 Due From Library Fund 0.00 0.00
LIABILITIES AND FOND BALANCE
2000 Accounts Payable 0.00 0.00 -
2010 Municipal Health Ins. Payable 0.00 0.00
2030 Colonial Life Payable 0.00 0.00
2035 Credit Union-First Resource 2,275.00 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 Nee York Life Ins. Payable 0.00 0.00
2100 Life Ins. of Georgia Payable 0.00 0.00
2130 Garnishments Payable 1,079.65 0.00
2135 R. Allen Trust 6502355610 40.00 0.00
2140 United Way Payable 0.00 0.00 -
2150 Parks 4 Rec. F.O.D. 5.00 145.00
2160 Pre-Paid Legal Services 0.00 ' 0.00
2170 F.O.P. 0.00 0.00
2175 Van Buren Fire Fighters Unica 471.96 0.00
2176 Van Buren Firemen Contribution 29.00 0.00
2177 Police Officers Unica 250.00 0.00
2200 Mage Payable 0.00 0.00
2210 Federal Income Tax M/H 15,163.28 24.12
1
Next Police, Fire, Building Inspector, Distract Court and Engineer Reports were presented for filing.
Mayor Riggs said they were needing to purchase a Sidewalk Sweeper for around($25,000.00)to be used at the
Field of Dreams, City Park, and Riverfront Park.
There being no further business Alderman Parker seconded by Alderman Swaim made a motion to adjourn. The
Council followed with a unanimous vote. The meeting adjourned at 7: 45 p.m.
APPROVED:
A[TESTED:
4)-CvLIA-c MAYO
CITY CLERK-TREASURER