10 October 2016 Regular MINUTES OF THE VAN BUREN,ARKANSAS
CITY COUNCIL MEETING OCTOBER 17, 2016
The City Council of the City of Van Buren, Arkansas met at 5:30 p.m. Monday, October
17, 2016 at City Hall. The meeting was called to order by Mayor Freeman. On roll call, the
following Council members answered as their names were called: Alderman Parker, Petty,
Moore, Swaim, Dodd and Sparkman. City Clerk-Treasurer Phyllis Thomas and City Attorney
Candice Settle were present. This made a total of nine (9)present. A quorum was declared.
The invocation was given by Carolyn Deffenbaugh, a cancer survivor.
Brett Peters with Hawkins Weir then informed the council the downtown drainage
improvements were complete.
Next,Mayor Freeman then led the Pledge of Allegiance.
Mayor Freeman then asked to adopt the minutes of the Council Meeting on September
19, 2016. Alderman Parker made a motion to approve the minutes. Alderman Petty seconded
the motion. On roll call,the following Council members voted aye: Alderman Swaim, Dodd,
Sparkman, Parker, Petty and Moore. The following voted nay: none.
On the agenda next was to consider A RESOLUTION SETTING A PUBLIC
HEARING DATE FOR ABANDONING A PUBLIC ALLEYWAY IN THE
RIVERSIDE ADDITION INSIDE THE CITY OF VAN BUREN, CRAWFORD
COUNTY,ARKANSAS. The Clerk read the Resolution in its entirety. Mayor Freeman
asked if there was any discussion. There was none. Alderman Dodd seconded by
Alderman Moore moved that the Resolution be adopted. On the Clerk's calling the roll,
the following vote resulted: Ayes—Alderman Swaim, Dodd, Sparkman, Parker, Petty
and Moore.Nays—None.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which
was attested by the City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 10-1-2016
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. /0 - / -2016
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,ARKANSAS,
A RESOLUTION TO BE ENTITLED:
A RESOLUTION SETTING A PUBLIC HEARING DATE FOR
ABANDONING A PUBLIC ALLEYWAY IN HIE RIVERSIDE
ADDITION INSIDE 111E CITY OF VAN BUREN, CRAWFORD
COUNTY,ARKANSAS.
WHEREAS, Larry Dillard has petitioned the City Council of Van Buren,Arkansas,to vacate and
abandon the public alleyway along certain lots inside the Riverside Addition more
particularly described as follows:
Description of Existing 20.00 Foot Alleyway
All that portion of a certain 20foot alleyway lying between Lots 4 through 9,Block 22,
Riverside Addition to the City of Van Buren,Arkansas;and
WHEREAS, all of the property owners and adjacent property owners being affected by this alleyway
abandonment have consented by signed petition;and
WHEREAS, .the City Council of Van Buren,acting under the authority of A.C.A.14-199-103 and
A.C.A.14-301-302,has the authority to vacate public alleyways or segments thereof.
NOW,THEREFORE,BE IT RESOLVED BY 1.11E,CITY COUNCIL OF THE CITY OF
VAN BUREN,ARKANSAS,THAT:
SECTION 1: A Public Hearing is set for next month during the Van Buren City Council Meeting in the
Van Buren City Council Room,at which time said Petition shall be presented to the City
Council and the City Council will determine at that time if such portion of said public
alleyway should be vacated and that all affected property owners and other persons
directly interested have consented to such vacating.
SECTION 2: The City Clerk of Van Buren,Arkansas,is hereby directed to give notice by publication
once a week for two consecutive weeks in some newspaper,published in Crawford
County,advising the property owners and others affected,of said date and time the
Council will hear said Petition.
IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,
approve,and adopt,by a vote of CD for and C.) against,the forego •: •-solution at its regular meeting
held on the 17th day of October 2016.
Robert I �
Mayor
ATTESTED: APPR167-D.WA3'T'O FORM:
Phyl is Thomas .i. •.Settle
City Clerk/Treasurer City Attorney
On the agenda next was to consider A RESOLUTION TO AUTHORIZE THE
MAYOR AND CITY CLERK TO REMOVE AND DISOSE OF CERTAIN FIXED
ASSETS FROM THE CITY OF VAN BUREN'S FIXED ASSET INVENTORY,BY
SEALED BID, AUCTION OR OTHER METHODS AUTHORIZED UNDER THE
LAW, AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety.
Mayor Freeman asked if there was any discussion. Mayor Freeman stated that this copier
was used when we bought it in 2007 and we are now trading it in for a new copier for the
City Clerk's office. Alderman Swaim seconded by Alderman Petty moved that the
Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes
—Alderman Swaim, Dodd, Sparkman, Parker, Petty and Moore. Nays—None.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which
was attested by the City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 10-2-2016
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO./U _ ,2-2016
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,ARKANSAS,A
RESOLUTION TO BE ENTITLED:
A RESOLUTION TO AUTHORIZE 1'hE MAYOR AND CITY CLERK TO
REMOVE AND DISPOSE OF CERTAIN FIXED ASSETS FROM 1HE CITY OF
VAN BUREN'S FIXED ASSET INVENTORY,BY SEALED BID,AUCTION OR
OTHER METHODS AUTHORIZED UNDER THE LAW,AND FOR OTHER
PURPOSES.
WHEREAS, the City of Van Buren has certain fixed assets on its Fixed Asset Inventory List which are obsolete,
and/or beyond repair,and are no longer cost effective,so as to no longer be needed by the City;and
WHEREAS, after an inventory of fixed assets,it is therefore recommended by our State Auditor that said items or
item be removed from the City's Fixed Asset Inventory and disposed of by sealed bid,auction or as
otherwise authorized under Arkansas law.
NOW,THEREFORE,BE IT RESOLVED BY 111E CITY COUNCIL OF VAN BUREN,ARKANSAS,
THAT:
SECTION 1: The Mayor and City Clerk are hereby authorized to remove the following asset or assets from the
Fixed Asset Inventory and to dispose of same by sealed bid,auction or other such methods authorized
under the law:
Department Amount Description of Inventory Control#
City Clerk $4,218.25 Ricoh Copier 2035 SP CC-61
SN#75837002319
IN WITNESS WHEREOF,the City of Van Buren,Ar : .,,,by its City Council,did pass,approve,and
adopt,by a vote of Co for andd C) against the foregoing R-.. ion at its regular meet g held on the 17th
day of October 2016.
Alb
Robert D.Fre
Mayor
ATTESTED: APPRO D T e�,a r) •
Py111S / • l
Candice A.S e
City Clerk/Treasurer City Att ey
On the agenda next was to consider A RESOLUTION ESTABLISHING
SHARED RESPONSIBILITIES FOR THE MAINTENANCE OF THE VAN
BUREN MUNICIPAL TENNIS COURT FACILITY IN THE CITY OF VAN
BUREN,ARKANSAS. The Clerk read the Resolution in its entirety. Mayor Freeman
asked if there was any discussion. Mayor Freeman explained that this just puts into
writing who is responsible for what. Alderman Swaim asked if it was possible to do an
agreement for the Field of Dreams. Mayor Freeman said it was on the to-do list.
Alderman Petty asked about the restrooms. Mayor Freeman said the school built those on
their property therefore they maintain them. Alderman Parker seconded by Alderman
Dodd moved that the Resolution be adopted. On the Clerk's calling the roll, the
following vote resulted: Ayes—Alderman Swaim, Dodd, Sparkman, Parker, Petty and
Moore.Nays—None.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which
was attested by the City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 10-3-2016
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO.ID - 3 -2016
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,
ARKANSAS,A RESOLUTION TO BE ENTITLED:
A RESOLUTION ESTABLISHING SHARED RESPONSIBILITIES FOR
THE MAINTENANCE OF THE VAN BUREN MUNICIPAL TENNIS
COURT FACILITY IN THE CITY OF VAN BUREN,ARKANSAS.
WHEREAS, the City of Van Buren is committed to providing recreational opportunities for its
citizens;and
WHEREAS, the Municipal Tennis Court Facility is open to the public while also serving as the home
site for the Van Buren High School tennis team practices and official matches;and
WHEREAS, the City of Van Buren desires to enter into an agreement with the Van Buren School
District that will establish shared maintenance responsibilities for the Van Buren
Municipal Tennis Court Facility as described in"Attachment A"hereto;and
WHEREAS, the Mayor has met with Van Buren School District representatives to determine the
shared maintenance responsibilities listed in the agreement outlined in"Attachment A."
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF TNF CITY OF
VAN BUREN,ARKANSAS,THAT:
SECTION 1: The City of Van Buren Mayor and City Clerk/Treasurer are hereby authorized to enter
into an agreement with the Van Buren School District.
SECTION 2: The City of Van Buren agrees to fulfill the maintenance responsibilities at the Municipal
Tennis Court Facility as listed in"Attachment A."
SECTION 3: Any change to said agreement will require authorization from both the City of Van Buren
Mayor,or designated representative,and the Van Buren School District Superintendent,
or designated representative.
IN WITNESS WNFREOF,the City of Van Buren,Arkansas,by its City Council,did pass,
approve,and adopt,by a vote of Co for and 0 against,the fore. _ •esolution at its regular meeting
held on the 17th day of October 2016.
416 1
Robert D!-OPIRPII —
Mayor
ATTESTED: APP•. D AS TO FORM:
Phy lis Thomas Candice A.Settle
City Clerk/Treasurer City Attorney
•
•
On the agenda next was to consider AN ORDINANCE TO WAIVE
COMPETITIVE BIDDING AND AUTHORIZE A CONTRACT FOR, AND
PURCHASE OF,A CHEVROLET SILVERADO CREW CAB TRUCK FROM
RHODES CHEVROLET; FOR THE APPRIATION OF FUNDS; DECLARING
AN EMERGENCY; AND FOR OTHER PURPOSES. 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. The
council followed with a unanimous vote. The Clerk then read the Ordinance 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. The
council followed with a unanimous vote. The Clerk then read the Ordinance the third and
final time. The Mayor asked if there was any discussion. Mayor Freeman explain the
council had recently approved the Fire Department to sell four(4) vehicle which was
done by auction on October 8,2016 and this new truck would help replace one of those.
Fire Chief Tim Arnold noted the department was in need of a vehicle before the next
batch of guys go to the academy in January. He mentioned that with the bidding and
building process a new truck would not be feasible and this used, low mileage vehicle
meets all of their needs and benefits both the city and a local dealership.
The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by
Alderman Sparkman and seconded by Alderman Parker to adopt the Ordinance. On the Clerk's
calling the roll, the following vote resulted: Ayes—Alderman Swaim, Dodd, Sparkman, Parker,
Petty and Moore.Nays—none. The Mayor declared the motion carried as there were six (6) ayes
and (0)nays. Four (4)votes being necessary for passage.
Motion was made by Alderman Swaim and seconded by Alderman Parker, that the
emergency clause be adopted. On the Clerk's calling the roll,the following vote resulted: Ayes
—Alderman Swaim,Dodd, Sparkman,Parker, Petty and Moore. Nays—none.
The Mayor then declared the Ordinance passed and signed same in open Council, duly
attested by the City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 16-2016
CITY OF VAN BUREN,ARKANSAS SECTION 3: The City Council in accordance with the terms of A.C.A.§14-58-303(b)(2)(B)hereby
waives the requirement of competitive bidding and directs the Mayor to purchase the
ORDINANCE NO.)6 -2016 above described for the price set forth in Section 2 above.
BE Al CE TO BBE ENTITLED:E BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,ARKANSAS
AN ORDINANCE SECTION 4: Itis further found that due to the immediate need to acquire this truck an emergency is
declared to exist and this ordinance being necessary for the preservation of the public _
AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND health,safety,and welfare,it shall take effect from and after its passage and approval.
AUTHORIZE A CONTRACT FOR, AND PURCHASE OF, A
SECTION 5: The Mayor and City Clerk are hereby authorized by the City Council for the City of Van
CHEVROLET SILVERADO CREW CAB TRUCK FROM
RHODES I.HA.VROLET; FOR THE APPROPRIATION OF Buren to execute all documents,contracts,and agreements necessary to effectuate this
FUNDS; DECLARING AN EMERGENCY; AND FOR OTHER Ordinance.
PURPOSES.
SECTION 6: The various provisions and parts of this Ordinance are hereby declared to be severable,
WHEREAS, the City of Van Buren is in need of a replacement truck for the safety of life and
protection of property by the City of Van Buren Fire Department and and,if any section or part of a section,or any provision or part of a provision herein,is
declared to be unconstitutional,inappropriate,or invalid by any court of competent
WHEREAS, after extensive research and inquiry,the City of Van Buren Fire Chief has determined jurisdiction,such holding shall not invalidate or affect the remainder of this Ordinance
that the purchase of a previously owned truck would be the most practical,feasible and and to that extent the provisions hereto are declared to be severable.
cost effective method for the department;and
IN WITNESS WHEREQF,the City of Van Buren,Arkansas,by its City Council,did pass,
WHEREAS, the cost of this previously owned Chevrolet Silverado Crew Cab truck is a total price of approve,and adopt,by a vote of(' for and against,the foregoing Ordinance at its regular meeting
$24,000.00 exceeds the limit for purchase without competitive bidding;and held on the 1T°day of October 2016.
WHEREAS, the City Council has determined,pursuant to A.C.A.§14-58-303(6)(2)(B)that
exceptional circumstances exist which render the competitive bidding process to not be
practical or feasible;and
WHEREAS, a state of emergency exists because the truck will provide improved life safety and Mayor D
protection of property and because the unit currently is available. --
ATTESTED: APPROVED AS T
NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCII,OF /
THE CITY OF VAN BUREN,ARKANSAS,THAT: )r—-- cL/
/
SECTION 1: The Fire Department of the City of Van Buren,Arkansas is in immediate need to
Phyllis ( Candice A.Settle
purchase the Chevrolet Silverado Crew Cab truck City Clerk/Treasurer City Attorney
SECTION 2: The purchase of said truck from Rhodes Chevrolet,located in Van Buren,Arkansas,for I
the sum of$24,000.00,pursuant to the purchase order attached hereto as Exhibit"A"is
necessary to protect the life and safety of Van Buren citizens.
•
On the agenda next was to consider AN ORDINANCE LEVYING (RENEWING)
THE MILLAGE TAX FOR THE CITY GENERAL MUNICIPAL PURPOSES AND FOR
THE PUBLIC LIBRARY PURPOSES FOR THE YEAR 2016; DECLARING AN
EMERGENCY; AND FOR OTHER PURPOSES. The Clerk read the Ordinance in its
entirety. Alderman Dodd moved that the rules be suspended and the Ordinance be placed on its
second reading. The motion was seconded by Alderman Parker. The council followed with a
unanimous vote. The Clerk then read the Ordinance 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 Moore. The council
followed with a unanimous vote. The Clerk then read the Ordinance the third and final time.
The Mayor asked if there was any discussion. There was none.
The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by
Alderman Parker and seconded by Alderman Petty to adopt the Ordinance. On the Clerk's
calling the roll,the following vote resulted: Ayes—Alderman Swaim, Dodd, Sparkman, Parker,
Petty and Moore.Nays—none. The Mayor declared the motion carried as there were six (6) ayes
and (0) nays. Four (4) votes being necessary for passage.
Motion was made by Alderman Swaim and seconded by Alderman Dodd, that the
emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes
—Alderman Swaim, Dodd, Sparkman,Parker,Petty and Moore. Nays—none.
The Mayor then declared the Ordinance passed and signed same in open Council, duly
attested by the City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 17-2016
SECTION 2: The rate of all real and personal property in the City of Van Buren,Arkansas,for the
CITY OF VAN BUREN,ARKANSAS • year of 2016,for the maintenance of a City Public Library,under the authority of a
ORDINANCE NO.17-2016 vote of the people of the City of Van Buren,Arkansas,and the City General
Elections held on the 7th day of April,1942,(1 mill)and the Ith day of November,
BE IT ENACTED BY TOE CITY COUNCIL,FOR THE CITY OF VAN BUREN, 1994,(.4 mill),be,and the same is hereby affixed at 1.4 mills on the dollar of the
ARKANSAS,AN ORDINANCE TO BE ENTITLED: assessed valuation of all real and personal property subject to taxation in the City of
Van Buren,Arkansas,for the year 2016,for the library maintenance purposes,
AN ORDINANCE LEVYING subject to the provisions of Act No.848 of 1981;the same being"adjustment or
(RENEWING)THE E rollback of tax rates due to increase in aggregate valuation of taxable property."
TAX FOR THE CITY GENERAL MUNICIPAL PURPOSEMILLAGE S
AND FOR THE PUBLIC LIBRARY PURPOSES FOR THE SECTION 3: A Certified Copy of this Ordinance shall be filed in the office of the County Clerk
YEAR 2016;DECLARING AN EMERGENCY;AND FOR of Crawford County,Arkansas,in order that the Quorum Court of Crawford County,
OTHER PURPOSES. Arkansas,may include the same in the general levy of the year 2016 and cause the
same to be extended upon the tax books and collected as required by law.
WHEREAS, the City of Van Buren,Arkansas,is duly incorporated under the laws of the State of
Arkansas,with all powers,authority and duties of a city of the First Class;and SECTION 4: This Ordinance being immediately necessary to obtain revenue to pay expenses of the
WHEREAS, the purpose of this Ordinance is immediately necessary for preservation of the health, City Government for the City of Van Buren,Arkansas,and necessary in providing
for the immediate preservation of the public peace,health,and safety,an emergency
safety and welfare of the inhabitants of the City of Van Buren,Arkansas,and an is declared to exist and this Ordinance shall be,take effect,and be in force after its
emergency exists which requires that this Ordinance become immediately effective passage and publication.
and in full force and effect;ct;andand
WHEREAS, the City of Van Buren,Arkansas,must have funds for its municipal operations,and IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,.
approve,and adopt,by a vote of Co for and against,the foregoing Ordinance at its regular meeting
can only obtain the requisite funding to continue its current level of services to its
citizens by renewing the levy of a 2 mill tax on real and personal property,for held on the 17th day of October 2016.
the general municipal purpose of the City,and by renewing the levy of a 1.4 mill tax
on real and personal property tax for the Van Buren library maintenance
purposes.
Robert D.' ...
NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF Mayor
THE CITY OF VAN BUREN,ARKANSAS,THAT:
SECTION 1: The rate of all real and personal property in Van Buren,Arlcansas,for the year 2016, ATTESTED: 1 • 'PROVED AS 0 FO I:
for general municipal purposes under the authority of Section 4,Article XII,Zof the
Constitution of 1874,of the State of Arkansas,be,and the same is hereby affixed at
2 mills on the dollar of the assessed valuation of all real property subject to taxation • YXJir -
in the City of Van Buren,Arkansas,for the year 2016,for general municipal Ph s Thomas Candice A.Settle
purposes. City Clerk/Treasurer City Attorney
On the agenda next was to consider AN ORDINANCE AMENDING
ORDINANCE NO. 39-1979 PROVIDING FOR THE COMPUTATION OF THE
FRANCHISE FEE DUE TO THE CITY OF VAN BUREN FROM ARKANSAS
OKLAHOMA GAS CORPORATION; DECLARING AN EMERGENCY; AND
FOR OTHER PURPOSES. 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 Moore. The council followed with a
• unanimous vote. The Clerk then read the Ordinance 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 Moore. The council
followed with a unanimous vote. The Clerk then read the Ordinance the third and final time.
The Mayor asked if there was any discussion. There was none.
The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by
Alderman Parker and seconded by Alderman Swaim to adopt the Ordinance. On the Clerk's
calling the roll, the following vote resulted: Ayes—Alderman Swaim, Dodd, Sparkman, Parker,
Petty and Moore. Nays—none. The Mayor declared the motion carried as there were six (6) ayes
and (0) nays. Four(4) votes being necessary for passage.
After motions were made, City Attorney Candice Settle recommended to insert a"shall
pay"provision as well as to remove "fee of' in Section 1. Motion was made by Alderman
Sparkman and seconded by Alderman Swaim to approve this amendment.
Motion was made by Alderman Swaim and seconded by Alderman Petty,that the
emergency clause be adopted. On the Clerk's calling the roll,the following vote resulted: Ayes
—Alderman Swaim, Dodd, Sparkman, Parker, Petty and Moore. Nays—none.
The Mayor then declared the Ordinance passed and signed same in open Council, duly
attested by the City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 18-2016
ORDINANCE NO.Al-2016 SECTION 2: This Ordinance in no way affects any payments owed by Arkansas Oklahoma Gas
Corporation to the City of Van Buren,Arkansas,for the years 2016 or prior thereto;
BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, that any payments due under Ordinance No.39-1979 for the years 2016 and before
ARKANSAS,AN ORDINANCE TO BE ENTITLED: shall continue to be payable under the terms of Ordinance No.39-1979;that any
amounts accrued after December 1,2016,shall be paid under the terms of this
AN ORDINANCE AMENDING ORDINANCE NO. 39-1979 Ordinance.
PROVIDING FOR THE COMPUTATION OF THE
FRANCHISE FEE DUE TO THE CITY OF VAN BUREN SECTION 3: No other alterations or amendments of Ordinance No.39-1979 are intended and the
FROM ARKANSAS OKLAHOMA GAS CORPORATION; remainder of said Ordinance not heretofore specifically amended shall remain in
DECLARING AN EMERGENCY; AND FOR OTHER full force and effect
PURPOSES.
SECTION 4: The Mayor and City Clerk are hereby authorized by the City Council for the City
WHEREAS, under Ark.Code Aim.14-54-302,the City is empowered and authorized to sell, of Van Buren to execute all documents,contracts,and agreements necessary to
convey,lease or let real estate or personal property owned or controlled by the City; effectuate this Ordinance.
and
SECTION 5: In for financial computations to begin at the amounts herein,it is further found that
WHEREAS, under Ark.Code Ann.14-200-101,the City is permitted to impose reasonable terms there is a aced for this Ordinance to take effect on December 1,2016,and as such
and conditions on the use and occupation of the City's ROW and to collect a an emergency is declared to exist and this Ordinance being necessary for the
reasonable franchise fee for such use and occupation of its ROW;and preservation of the public health,safety,and welfare,shall take full effect on that
date.
WHEREAS, Ordinance No.39-1979 provided for the computation of the franchise fee due to
the City of Van Buren from Arkansas Oklahoma Gas Corporation;and SECTION 6; The various provisions and parts of this Ordinance are hereby declared to be
severable,and,if any section or part of a section,or any provision or part of a
WHEREAS, it is the desire of the City of Van Bruen to amend Ordinance No.39-1979;and provision herein,is declared to be unconstitutional,inappropriate,or invalid by any
court of competent jurisdiction,such holding shall not invalidate or affect the
WHEREAS, a state of emergency exists because these fees are needed to be effective December remainder of this Ordinance and to that extent the provisions hereto are declared to
I,2016 to provide for the health,safety,and welfare of the citizens of Van Buren be severable.
and to preserve the property of the city.
IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did
NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF pass,approve,and adopt,by a vote of (0 for and O against,the foregoing Ordinance at its
THE CITY OF VAN BUREN,ARKANSAS,THAT: regular meeting held on the 17'^day of October 2016.
SECTION 1: Section 1 of Ordinance No.39-1979 is hereby amended as follows:
SECTION 1: The Arkansas Oklahoma Gas Corporation which is conducting or
Robert D.F--
carrying on business in the City of Van Buren,Arkansas,under a franchise shall Mayor
pay four and one quarter percent(4.25%)of the gross revenues received by said
company in the preceding quarter from the following classes of service to ATTESTED: APPRO 'D AS TO FORM:
customers within the corporate limits of said city:
1. dResidentialh 2. Commercial 3.ymen sstfal
The said tax shall be payable in quarterly payments;fust payment will be due on // '
or before the 31"or March 2017 and quarterly thereafter. Ph Alis Thomas Can.ce A.' e
City Clerk/Treasurer City Attorney
t
Next on the agenda was Boards and Commissions. The Van Buren Planning Commission
recommended the reappointment of Jason Myers to serve a three (3) year term. Alderman Parker
seconded by Alderman Petty made a motion to grant the nomination. The Council followed with
a unanimous vote. The Van Buren Advertising and Promotion Commission recommended the
reappointment of Dava Jennen to serve a four (4)year term. Alderman Parker seconded by
Alderman Swaim made a motion to grant the nomination. The Council followed with a
unanimous vote.
Next on the agenda was the Financial Statement. Motion was made by Alderman
Dodd and seconded by Alderman Parker to appropriate the sum of$ 1,292,901.32 to pay
expenses and salaries for September 2016,presented by the clerk. The Council followed
with a unanimous vote.
10-12-2016 02:37 PM CITY OF VAN B URE N PAGE: 1
TRIAL BALANCE
AS OF: SEPTEMBER 30TH, 2016
10 -General Fund
"' MONTH TO DATE "' ••• YEAR TO DATE •.."
ACCT4 ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS
ASSETS
i
E- 1000 Petty Cash 0.00 200.00
1020 Cash in Bank 50,217.26 198,970.81
1020.01 Cash In Bank-Ins. Reimb. 28,610.44 87,004.78 I 1 l! ! _ : i J I +
1020.03Cash In Bank-ASP'siWalmart Gra 0.00 79.24 .j - , J 1
484816 16 11- l
1020.04 Veterans' Memorial-Act 934 0.00 11, .
- 1020.05 2009 Byrne Recovery Grant 0.00 0.00 � :. 'l'"
1020;06 2009 Byrne Grant 0.00 0.00 •- j ?-'7', • `5;-
1020.07 2007 Byrne Grant 0.00
0.00 c 5Y-, • j1
1020.08 Cash in Bank- Storm Damage 0.00 0.00 4 (. -U] .
1020.09 District Cout Grant-Mediation 0.00 25.00 --
1020.10 Cash in Bank- HDC I . =',,i: . 1
497.00 946.03
1020.11 Cash in Bank-EVBB 0.00 5,100.00
1020.12 Emergency Management Fund 0.00 0.00 •
1020.13 Cash In Bank-ACT 833 26,785.88 112,302.37 ?'
1020.14 Court Automation-District 1,798.25 54,504.69
1020.15 Cash in Bank-ACT 1314 0.00 0.00
1020.16 AR Dept of Rural Services 0.00 0.00
1020.17 New Police Dept 0.00 0.00 ! _
1020.18 Cash in Bank- PD Co Tax 8,714.47 39,790.66
1020.19 Cash in Bank- FD Co Tax 88.95 178,527.49 i
1020.20 Cash In Bank-Erosion Control 175.00 20,825.00
1020.21 Cash in Bank-CPAcademy 0.00 0.00
1020.22 Cash In Bank-PEG Grant 0.00 10,000.00
1020.27 Cash in Bank- Levee 650.00 9,139.93
1020.28 Marina Repairs 0.00 10,495.60
1020.29 Property Maintenance-Scrap 0.00 365.06
1020.30 Field of Dreams-Equipment 909.56 4,593.40
1020.31 Cash in Bank- Parks i Rec 0.00 136.72
1020.32 GIF 0.00 09.43
1020.33 Cash in Bank-Yard Waste 4,034.91 211,144.50
1020.34 Cash In BankPublic Facilities 0.00 0.00
1020.51 Cash in Bank -Cemetery 26.56 8,379.95
1020.91 Cash in Bank-Cap Imp 67,040.77 1,131,011.62
1040 Investments 0.00 0.00
1040.10 Investments - Sales Tax City 0.00 0.00
1040.18 Investments - PD Co Tax 0.00 0.00
1040.19 Investments - FD Co Tax 0.00 0.00
1040.27 Investments -Levee 0.00 0.00
1040.31 Investments - Parks i Rec 0.00 0.00
1040.51 Investments -Cemetery 0.00 38,752.59
1040.91 Investments - Cap Imp 160.37 377,798.05
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
i
Next Police, Fire, Building Inspector, Public Works/Planning, and Ambulance Reports
were presented for filing. There being no further questions or changes, the reports were filed as
submitted.
Next on the agenda was Miscellaneous and General Discussion. The council had a couple
of requests for street closings to consider. First, a request from The Current Church to close a
portion of Vine Street for their Thanksgiving and Christmas events on November 18th and
December 18th respectively. Motion was made by Alderman Swaim and seconded by Alderman
Dodd to approve the request. The council followed with a unanimous vote. Second, a request
from Les Thomas, Jr to close Main Street for the annual Veteran's Day Parade on November 10,
2016. Motion was made by Alderman Parker and seconded by Alderman Sparkman to approve
the request. The council followed with a unanimous vote.
Mayor Freeman asked the council for permission to move the November council meeting
to November 14th
There being no further business,motion was made by Alderman Parker and seconded by
Alderman Dodd to adjourn. The Council followed with a unanimous vote. The meeting
adjourned at 6:23 p.m.
ATTESTED: APPR t VED:
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