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12 December 2016 Regular MINUTES OF THE VAN BUREN,ARKANSAS CITY COUNCIL MEETING DECEMBER 19, 2016 The City Council of the City of Van Buren, Arkansas met at 5:30 p.m. Monday, December 19, 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 Mrs. MaryAnn Dodd,Van Buren City Alderman. Alderman Dodd then led the Pledge of Allegiance. Mayor Freeman then asked to adopt the minutes of the Council Meeting on November 14, 2016. Alderman Parker made a motion to approve the minutes. Alderman Dodd seconded the motion. On roll call, the following Council members voted aye: Alderman Sparkman, Parker, Petty, Moore, Swaim and Dodd. The following voted nay: none. On the agenda next was to consider A RESOLUTION APPROVING AN INTERLOCAL AGREEMENT WITH THE CITY OF VAN BUREN,ARKANSAS AND CRAWFORD COUNTY,ARKANSAS REGARDING THE OPERATIONAL EXPENSES OF THE VAN BUREN DISTRICT COURT AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor discussed the current situation of how the city is being reimbursed by the county for a portion of the court expenses. Currently,these employees • are split between two different employers and he believes we need to step forward and remedy that. Incoming Judge Baker spoke to the council and explained how this resolution will fix the cost distribution discrepancy between the county and city by having a written agreement in place. Also, in regards to the second issue Mayor Freeman raised,Mr. Baker stated that by making the staff full city employees it will eliminate significant hardships on administration and employees. He also stated the dollar amount set forth in tonight's resolution is less than what Judge Peer requested. Mr. Baker is hopeful the amount will change in favor of the city. Mayor Freeman stated there has been another formula for dividing court costs submitted to legislature for approval. If it is approved this amount could change,but staff will still remain 100% city employees. Alderman Petty asked if there will be any grandfathering in due to longer tenured employees. Mayor Freeman replied that there will be a grandfathering process for their sick and vacation time that will result in a manual transfer of their paid time off balances from the county. Alderman Dodd seconded by Alderman Parker moved that the Resolution be adopted. On the Clerk's calling the roll,the following vote resulted: Ayes —Alderman Sparkman, Parker, Petty, Moore, Swaim and Dodd.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 12-1-2016 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO.J - 1 .2016 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION APPROVING AN INTERLOCAL AGREEMENT WITH THE CITY OF VAN BUREN,ARKANSAS AND CRAWFORD COUNTY, ARKANSAS REGARDING THE OPERATIONAL EXPENSES OF THE VAN BUREN DISTRICT COURT AND FOR OTHER PURPOSES. WHEREAS, Ark Code Ann.§I6-17-1203 provides that a written interlocal agreement is to be entered into between the City of Van Buren and the governing body of Crawford County,Arkansas,concerning the contribution to the operational expenses of the Van Buren District Court by Crawford County;and WHEREAS, it is the desire of the City of Van Buren,Arkansas to enter into such an agreement NOW,THEREFORE,BE TT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,ARKANSAS,THAT: SECTION 1:The City of Van Buren,Arkansas approves the attached interlocal agreement with Crawford County,Arkansas concerning the contribution to the operational expenses of the Van Buren District Court pursuant to Ark.Code Ann.§16-17- 1203. SECTION 2: The Mayor and the City Clerk are hereby authorized and directed to execute the attached interlocal agreement concerning contribution to the operational expenses of the Van Buren District Court and are further authorized to execute any and all documents necessary to effectuate this purpose.A copy of said agreement is attached hereto as Exhibit"A"and incorporated herein as if set out word for word. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass, approve,and adopt,by a vote of La' for and C) against,the foregoing Resolution at its regular meeting held on the I r day of December 2016. - Robert D.- •.• # Mayor ATTESTED: -. ..RO TO FORM: Phyllis Thomas Candice Settle City Clerk/Treasurer • City Attorney On the agenda next was to consider A RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31,2017. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman stated the only change since the previous budget meeting is pulling out the jail funds and appropriating those funds in their own line. Alderman Sparkman seconded by Alderman Moore moved that the Resolution be adopted. On the Clerk's calling the roll,the following vote resulted: Ayes—Alderman Sparkman, Parker, Petty, Moore, Swaim and Dodd.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 12-2-2016 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO.1 a.- r9\ -2016 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31,2017. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The 2017 Proposed Expenditures of$14,542,465.00(Fourteen Million,Five Hundred Forty-Two Thousand,Four Hundred Sixty-Five Dollars)is hereby appropriated and a copy of said Budget is attached hereto and made a part hereof. SECTION 2: The appropriations made herein include additional pay for Holidays for all agents,servants and employees of the City of Van Buren including,but not limited to,uniformed employees,as provided for by the laws of the State of Arkansas. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council, did pass,approve,and adopt,by a vote of (y for and 0 against the foregoing Resolution at its regular meeting held on the 191 day of December 2016. Robert D. Mayor ATTESTED: APP : D AS TO FORM: • �cAllia� Ph Ills Thomas -andice A. ettle City Clerk/Treasurer City Attorney On the agenda next was to consider A RESOLUTION AUTHORIZING THE RENEWAL OF SOUTHWEST EMS'S EXCLUSIVE FRANCHISE TO PROVIDE EMERGENCY AND NON-EMERGENCY SERVICES WITHIN THE CORPORATE CITY LIMITS OF VAN BUREN,ARKANSAS AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Alderman Swaim, on behalf of the committee, said they would like to renew this contract as provided within the agreement for one more year, and put it out for bid with some new requirements at the end of the year. Alderman Parker seconded by Alderman Sparkman moved that the Resolution be adopted. On the Clerk's calling the roll,the following vote resulted: Ayes—Alderman Sparkman, Parker, Petty, Moore, Swaim and Dodd.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 12-3-2016 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO.Ia -_1-2016 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION AUTHORIZING THE RENEWAL OF SOUTHWEST EMS'S EXCLUSIVE FRANCHISE TO PROVIDE EMERGENCY AND NON-EMERGENCY SERVICES WITHIN THE CORPORATE CITY LIMITS OF VAN BUREN, ARKANSAS,AND FOR OTHER PURPOSES. awar d WHEREAS, Van Buren Ordinances No.27-2011 and No.36-2011 authorized the City to withinan"exclusive franchise"for emergency,and non-emergency ambulancenAL AMBULANCE the corporate city limits,in accordance with the ARKANSAS MUNI LICENSING ACT,Ark.Code Ann.§14-266-102;and WHEREAS, the City at the recommendation of the Van Buren Ambulance Advisory Board, awarded the exclusive franchise to Southwest EMS of Mena("Southwest EMS1), and entered into a Contract For Ambulance Service("Contact"), dated 21,2011 to be in effect from January 1,2012 through December 31,2014;and WHEREAS, Resolution No.2-7-2015 extended the Contract for two additional years;and WHEREAS, the Contract,in Section IV,authorized and provided for the City Council to extend said agreement after the initial term for a total contract period not to exceed six years;and WHEREAS, at the recommendation of the Van Buren Ambulance Advisory Board the City desires to extend the contract for one additional year. • NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,ARKANSAS,THAT: CTIO : The City of Van Buren,in accordance with Van Buren Ordinances No.27-2011 and No.36-2011 and Section IV of the Contract For Ambulance Service,hereby renew the Southwest EMS's exclusive franchise for a period of one year as it is in the best interest of the city of Van Buren and its citizens. SECIIO 2: The City Attorney is hereby authorized by the City Council for the Cay of Van Buren to take any and all appropriate action to enforce and effectuate this resolution,the Contract,and the relevant Ordinances pertaining hereto,consistent with the ARKANSAS MUNICIPAL AMBULANCE LICENSING ACT,Ark.Code Ann§14-266-102 as amended. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass, approve,and adopt,by a vote of(F for and Q against,the foregoing Resolution at its regular meeting held on the 194 day of December 2016. Robert D.Fr Mayor ATTESTED: APPROVED AS TO FORM: Aar Thomas "a�' Ph i'.Settle City Clerk(Ireasurer (pkv Artmme,r 4 On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO PURCHASE CERTAIN VEHICLES FOR THE CITY OF VAN BUREN STREET AND PARKS DEPARTMENT, THROUGH THE STATE PURCHASE CONTRACT; AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman explained that with this purchase of two new vehicles, we will auction off four older vehicles, and in doing so this should set the city up for another couple of years. Alderman Petty noted an error in Section 3 which Mayor Freeman agreed on. Alderman Dodd seconded by Alderman Parker moved that the Resolution be adopted as amended. On the Clerk's calling the roll,the following vote resulted: Ayes—Alderman Sparkman, Parker,Petty, Moore, Swaim and Dodd. 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 12-4-2016 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO.12.- 14 2016 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,A RESOLUTION TO BE ENTITLED. A RESOLUTION AUTHORIZING THE MAYOR TO PURCHASE CERTAIN VEHICLES FOR THE CITY OF VAN BUREN STREET AND PARKS DEPARTMENT, THROUGH THE STATE PURCHASE CONTRACT; AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren is in need of certain vehicles for the maintenance of property within the City;and WHEREAS, the City of Van Buren desires to purchase one 2017 Dodge 1500 Crew Cab Truck for the price of$36,603.00 for the Street Department, and one 2017 Dodge 2500 Crew Cab Truck for the Parks Department for the price of$23,762.00 as set forth in attachment"A and B"hereto;and WHEREAS, the City is authorized to waive the expense and time of bidding by purchasing such vehicles through the state purchase contract,pursuant to ARK.CODE ANN.§19-11- 249,and the City has decided that it is in its best interest to purchase the above listed vehicles via the 2016 Arkansas State Contract,Award No.SP-16-0001. I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS,THAT: SECTION 1: The Street and Parks Departments of the City of Van Buren,Arkansas is in need of the vehicles set forth above. SECTION 2: Said Dodge 1500 Crew Cab Truck is to be purchased via the 2016 Arkansas State Contract,Award No.SP-16-0001 from Landers Chrysler,Dodge,Jeep,Ram for the total sum of$36,603.00 from Street Funds. SECTION 3: Said Dodge 2500 Crew Cab Truck is to be purchased via the 2016 Arkansas State I Contract,Award No.SP-I6-0001 from Landers Chrysler,Dodge,Jeep,Ram for the total sum of$23,762.00 from Capital Improvement Funds. SECTION 4: The Mayor and City Clerk are hereby authorized by the City Council for the City of Van Buren to execute all documents,contracts,and agreements necessary to effectuate this action. IN WITNESS WHEREOF,the City of Van Buren Arkansas,by its City Council,did pass,approve,and adopt,by a vote of (o for and U ,a_ he foregoing Resolution at its meeting held on the 19`s day of December 2016. s , Ro.ert iv:4V1.- A.I Mayor ATTESTED: 1..",e, AS TO FORM: CLW/ Iv. Ph llrs Thomas �� .Settle City Clerk/Treasurer City Attorney I On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR ENGINEERING SERVICES FOR THE CITY OF VAN BUREN,ARKANSAS,AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Alderman Petty asked to clarify that this project begins at Braums and ends at the tennis courts. Mayor Freeman agreed. 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 Sparkman, Parker, Petty, Moore, Swaim and Dodd. 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 12-5-2016 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO.I a -5 -2016 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR ENGINEERING SERVICES FOR THE CITY OF VAN BUREN, ARKANSAS, AND FOR O111ER PURPOSES. WHEREAS, the City of Van Buren,Arkansas desires to make sidewalk improvements in the vicinity of Pointer Trail within the City,and WHEREAS, in order to commence,the City is in need of professional engineering services for the development of plans and designs,and cost estimates for said project. NOW,THEREFORE,BE IT RESOLVED BY 111.L CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The Mayor is authorized to enter into a contract(Exhibit"A")with Hawkins-Weir Engineers,Inc.to provide engineering services for the development of plans and designs, and cost estimates for the sidewalk improvements.Payment for such engineering services shall not exceed$39,500.00 plus reimbursable expenses. IN WITNESS WHEREOF,the City of Van Buren, Arkansas, by its City Council, did pass, approve,and adopt,by a vote of (o for and 0 against,the foregoing Resolution at its regular meeting held on the 19th of December 2016. 6 Robert D.Free'�'•��a Mayor ATTESTED: r P' ! ' D •S TO FORM: . /I Phyl4is Thomas -andice A.Settle City Clerk/Treasurer City Attorney On the agenda next was to consider A RESOLUTION TO AUTHORIZE THE POLICE DEPARTMENT TO DISPOSE OF CERTAIN ASSETS FROM THE CITY OF VAN BUREN'S FIXED ASSET INVENTORY,BY SUCH METHODS AS AUTHORIZED UNDER THE LAW. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman noted that there is little to no value in these items,but the City of Huntington has reached out for help for their police department. Alderman Dodd seconded by Alderman Sparkman moved that the Resolution be adopted. On the Clerk's calling the roll,the following vote resulted: Ayes—Alderman Sparkman, Parker, Petty, Moore, Swaim and Dodd.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 12-6-2016 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO.1 l - (o -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'H It, POLICE DEPARTMENT TO DISPOSE OF CERTAIN ASSETS FROM ME CITY OF VAN BUREN'S FIXED ASSET INVENTORY, BY SUCH METHODS AS AUTHORIZED UNDER THE LAW. WHEREAS, the City of Van Buren Police Department has certain 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, said items or item should be disposed of in accordance with state law,A.C.A§14-58- 306,and be removed from the City's Fixed Asset Inventory. NOW,THEREFORE,BE IT RESOLVED BY ME CITY COUNCIL OF VAN BUREN, ARKANSAS,THAT: SECTION 1: The Mayor and City Clerk are hereby authorized to remove the following assets from the Fixed Asset Inventory and to dispose of same by transfer to various governmental agencies: Receiving Agency Value Description of Inventory Control# City of Huntington $24,062.00 2009 Ford Crown Victoria Sedan PD-669 2FAHP71 V49X135939 City of Huntington $5,265.00 Watchguard Video DV1 Mobile PD-663 Video System SN#DV 10-126378 City of Huntington $23,588.00 2011 Ford Crown Victoria Sedan PD-702 2FABP7BV4BX121811 City of Huntington $5,228.50 Watchguard Video DV 1 Mobile PD-640 Video System SN#DV 10-116703 IN WITNESS WHEREOF,the City of Van Buren,Arkansas, by its City Council,did pass, approve, and adopt,by a vote of ea for and 0 again ti- oregoing Resolution at its regular meeting held on the 19 day of December 2016. Robert D.Free,.. Mayor ATTESTED: AP' •O /'► T• FORM: rrAdP-LTi `'`_, • 'ttle City Clerk/Treasurer City Attorney On the agenda next was to consider A RESOLUTION SETTING A PUBLIC HEARING DATE FOR VACATING AND ABANDONING A PUBLIC RIGHT- OF-WAY IN THE FABER 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. Mr. Babgy, attorney for the petitioners,noted that it is a 40' right-of-way not a 20' right-of-way. They change was noted. 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 Sparkman,Parker, Petty, Moore, Swaim and Dodd.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 12-7-2016 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO.I of-r] -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 VACATING AND ABANDONING A PUBLIC RIGHT-OF-WAY IN THE FABER ADDITION INSIDE 11=lh,CITY OF VAN BUREN,CRAWFORD COUNTY,ARKANSAS. WHEREAS, Don Evans has petitioned the City Council of Van Buren,Arkansas,to vacate and abandon the public right-of-way along certain lots inside the Faber Addition more particularly described as follows: Description of Existing 40.00 Foot Right-of-Way Beginning at the Southwest corner of Lot 17,Block 4,Faber Addition to the City of Van Buren,Arkansas;thence North 02 degrees 46 feet 01 inches East 150 feet;thence North 87 degrees 06 feet 55 inches West 40 feet;thence South 02 degrees 46 feet 01 inches West 150 feet;thence South 87 degrees 06 feet 55 inches East 40 feet,more or less,to the point of beginning;and WHEREAS, all of the property owners and adjacent property owners being affected by this right-of- way 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 and abandon public rights-of-way or segments thereof. NOW,1'HtsREFORE,BE IT RESOLVED BY 1'HE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: A Public Hearing is set for January 23,2017,at 5:30 P.M.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 right-of-way should be vacated and abandoned and that all affected property owners and other persons directly interested have consented to such vacating and abandoning. 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,Arkans•.., . its City Council,did pass, approve,and adopt,by a vote of Zo for and 0 against,the forego. g R.solution at its re: lar meeting held on the 19th day of December 2016. Robert D.F Mayor ATTESTED: AP'ROVE 1 AS TO FORM: ka Phyllis Thomas ...dice A.Se .- 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 BROCE KR350 POWER BROOM FROM CLARK MACHINERY COMPANY; FOR THE APPROPRIATION 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 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. Alderman Petty asked to clarify that it is a Broce broom not a Bruce Broom. Street Superintendent Wayne Sandusky and Mayor Freeman both replied that it is a Broce broom and will have the typo corrected. 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 as amended. On the Clerk's calling the roll,the following vote resulted: Ayes—Alderman Sparkman, Parker, Petty, Moore, Swaim and Dodd.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 Parker and seconded by Alderman Swaim,that the emergency clause be adopted. On the Clerk's calling the roll,the following vote resulted: Ayes —Alderman Sparkman, Parker,Petty,Moore, Swaim and Dodd. 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 21-2016 SECTION 3: The City Council in accordance with the terms of A.C.A.§14-58-303(b)(2)(B)hereby CITY OF VAN BUREN,ARKANSAS waives the requirement of competitive bidding and dvectsihe Mayor to purchase the ORDINANCE NO.'?/ -2016 above described for the price set forth in Section 2 above. BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,ARKANSAS SECTION 4: It is further found that due to the need to acquire this equipment and its limited AN ORDINANCE TO BE ENTITLED: availability an emergency is declared to exist and this ordinance being necessary for the preservation of the public health,safety,and welfare,it shall take effect from and after its AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND - passage end approval. I AUTHORIZE A CONTRACT FOR AND PURCHASE OF A BROCE KR350 POWER BROOM FROM CLARK MACHINERY SECTION 5: The Mayor and City Clerk are hereby authorized by the City Council for the City of Van COMPANY; FOR THE APPROPRIATION OF FUNDS; Buren to execute all documents,contracts,and agreements necessary to effectuate this DECLARING AN EMERGENCY;AND FOR OTHER PURPOSES. Ordinance, WHEREAS, the City of Van Buren is in need of a Power Broom for the maintenance of property by the City of Van Buren Street Department 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 provision herein,is WHEREAS, after extensive research and inquiry,the City of Van Buren Street Department Manager'_ declared to be unconstitutional,inappropriate,or invalid by any court of competent has determined that the purchase of a previously owned Power Broom would be the most jurisdiction,such bolding shall not invalidate or affect the remainder of this Ordinance practical,feasible and cost effective method for the department and and to that extent the provisions hereto are declared to be severable. 1 I WHEREAS, the cost of this previously owned Broce KR350 Power Broom is a total price of $42,500.00 exceeds the limit for purchase without competitive bidding,and IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass, approve,and adopt,by a vote of (o for and Q lar meeting against the foregoing Ordinace at its regular WHEREAS, the City Council has determined,pursuant to ACA.§14-58-303(b)(2)(B)that held on the 19°day of December 2016. exceptionalraclor circumstances exist which render the competitive bidding process m not be practical or feasible;and ' I, WHEREAS, a state of emergency exists because the Power Broom willprovide improved maintenance 90 ge cY P Robert D. of property and the unit currently is available. Mayor NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF ATTESTED: APPROVED AS TO FORM: THE CITY OF VAN BUREN,ARKANSAS,THAT: .,rte— SECTION 1: The Street Department of the City of Van Buren,Arkansas is in immediate need to ri/LOPtc G / _P , I purchase the Broce KR350 Power Broom. Ph 's Thomas .dree Settle City Clerk/IreasurerCity Attorney SECTION 2: The purchase of said truck from Clark Machinery Company,located in Fort Smith, 1 Arkansas,for the sum of$42,500.00 plus applicable sales tax,pursuant to the purchase order attached hereto as Exhibit"A"is necessary to maintain property of Van Buren citizens. Next on the agenda was the Financial Statement. Motion was made by Alderman Dodd and seconded by Alderman Parker to appropriate the sum of$ 1,187,567.18 to pay expenses and salaries for November 2016,presented by the clerk. The Council followed with a unanimous vote. 1 12-06-2016 09:43 AM CITY OF VAN B URE N PAGE: 1 TRIAL BALANCE .. AS OE: NOVEMBER E 30TH, 2016 ' ( 10 -General Fund e I • MONTH TO DATE ACCT# ACCOUNT NAME D•• YEAR TO DATE ITS DEBITS CREDITS §$q DEBITS CREDITS ASSETS 1000 Petty Cash 0.00 1020 Cash in Bank 200.00 24,646.83 217,473.77 1020.01 Cash In Bank-Ins. Reimb. 85,239.28 1020.03 Cash In Bank-ASP's6Walmart Gra172,244.06 1 > 060 ' 81 • 'I(i+ 0.00 1020.04 Veterans' Memorial-Act 934 79.24 0.00 11,848.16 1 ,887•06+ 1020.05 2009 Byrne Recovery Grant 0.00 102,091 • 74+ 0.00 1020.06 2009 Byrne Grant 0.00 1020.07 2007 Byrne Grant 0.00 1 ,755• 15+ 0.00 0.00 7gg 0.00 1020.08 Cash in Bank- Storm Damage 0.00 1 9'1 7' 5+ ' 1020.09 District Coat Grant-Mediation 0.00 25.00 1 ,764 . 69+ :., 1020.10 Cash in Bank- HDC 1 8 7>5 6 7 i�;=•+ tt 0.00 1,946.03 1 > ' 1020.11 Cash in Bank-HVBB 0.00 0.00 i. 1020.12 Emergency Management Fund 0.00 0.00 0 �,, 1020.13In Bank-ACT 833 21,988.29 ' Cash 134,290.61 p 1020.14 Court Automation-District 1,614.50 1020.15 Cash in Bank-ACT 1314, 57,998.69 0.00 1020.16 AR'De 0.00 Dept,of Mira' Services 0.00 0.00 1020:17 New Police Dept 0.00 0.00 1020.18 Cash in Bank- PD Co Tax 981.95 1020.19 Cash in Bank- FD Co Tax - 1,050.85 67,631.75 167,631.75 1020.20 Cash In Bank-Erosion Control 125.00 1020.21 Cash in Bank-CPAcademy 21,125.00 0.00 0.00 1020.22 Cash In Bank-PEG Grant 0.00 10,000.00 1020.27 Cash in Bank -Levee _ 650.00 8,489.93 1020.28 Marina Repairs 0.00 1020.29 Property Maintenance-Scrap 10,495.60 0.00 365.06 1020.30 Field of Dreams-Equipment 2,199.99 2,393.41 1020.31 Cash in Bank - Parks 6 Rec 0.00 1020.32 GIF 136.72 0.00 89.43 1020.33 Cash in Bank-Yard Waste 4,118.97 219,67 .86 1020.34 Cash In Bank Public Facilities 0.00 671.86 1020.51 Cash in Bank -Cemetery 22.85 8,329.02 1020.91 Cash in Bank - Cap Imp 69,401.66 1,194,301.73 1040 Investments 0.00 0.00 1040.10 Investments - Sales Tax City 0.00 1040.18 Investments - PD Co Tax 0.00 0.00 0.00 1040.19 Investments FD Co Tax 0.00 0.00 1040.27 Investments -n estm en isv Levee 0.00 0.00 1040.31 Investments - Parks 6 Rec 0.00 0.00 1040.51 Investments - Cemetery 0.00 38,752.59 1040.91 Investments - Cap Imp 160.51 378,113.81 I, 1050 Fixed Assets 0.00 1051 Accumulated Depreciation 0.00 0.00 0.00 1504 Due from Payroll 0.00 0.00 1505 Due From Other Funds 0.00 0.00 f 1520 Due from Street Fund 0.00 1540 Due From Library Fund } 0.00 0.00 0.00 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. Mayor Freeman reminded the council that due to holidays in January and February, the council meetings will be held on the 4th Monday's of those months. Judge Peer's retirement reception is scheduled for Tuesday, December 27th from 5:00- 7:00 p.m., and the swearing in of all elected officials will be held in the Circuit courtroom on Sunday, January 1st at 1:00 p.m. Mayor Freeman then presented Alderman MaryAnn Dodd and Alderman Parker with a plaque for their 14 and 18 years respectively. He thanked them both for their dedication and service to the City of Van Buren. There being no further business, motion was made by Alderman Sparkman and seconded by Alderman Dodd to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 6:20 p.m. ATTESTED: AP OVED: --PkvsL±-i l � CI CLERK-TREASURER MAYOR