07 July 2007 RegularMINUTES OF THE VAN BUREN, ARKANSAS
CITY COUNCIL MEETING JULY 16, 2007
The City Council of the City of Van Buren, Arkansas met at 7:00 p.m., Monday, July 16, 2007
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 Swaim, Parker, Moore, Johnson.
Dodd and Sagely. City Attorney Donald Jenkins and City Clerk- Treasurer Barbie Curtis were also
present. This made a total of nine (9) present. A quorum was declared.
The invocation was given by Dorvan Wiley with Simmons Bank.
Next, Mayor Freeman led the Pledge of Allegiance.
On the agenda next. Mayor Freeman asked to adopt the minutes of the Council Meeting on June
18, 2007. Alderman Swaim made a motion to approve the minutes. Alderman Parker seconded the
motion. On roll call, the following Council members voted aye: Alderman Swaim, Parker, Moore,
Johnson Dodd and Sagely. The following voted nay: none.
On the agenda next, Mayor Freeman opened the Public Hearing Closing a Portion of Elm Street
Right -of -Way. No one spoke up. Therefore, being as there was no one, Mayor Freeman closed the
Public Hearing.
On the agenda next was to consider AN ORDINANCE FOR THE CLOSING AND
ABANDONMENT OF A PORTION OF THE ELM STREET RIGHT -OF -WAY, IN THE
RIVERCLIFF ADDITION, WITHIN THE CORPORATE LIMITS OF THE CITY OF VAN
BUREN, ARKANSAS, 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 Sagely. On the Clerk's calling the roll, the following
vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson, Dodd and Sagely. The Mayor
declared the motion carried as there were six (6) ayes and (0) nays. Four (4) votes being necessary for
passage. The Ordinance was read the second tine.
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, Johnson, Dodd and Sagely. The
Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four (4) votes being
necessary for passage. The Clerk 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
Swaim and seconded by Alderman Dodd to adopt the Ordinance. On the Clerk's calling the roll, the
following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson, Dodd and Sagely. The
Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four (4) votes being
necessary for passage.
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 19 -2007
CITY OF VAN BUREN,
ARKANSAS
ORDINANCE NO. 19 -2007
BE IT ENACTED BY THE NOW, THEREFORE, BE IT
CITY COUNCIL, FOR THE ORDAINED BY THE CITY
CITY OF VAN BUREN, AR- COUNCIL OF THE CITY OF
KANSAS, AN ORDINANCE VAN BUREN, ARKANSAS:
TO BE ENTITLED. 'SECTION 1: That the City
AN ORDINANCE FOR THE of Van Buren, Arkansas,
CLOSING AND ABANDON- shall close and abandon a
MENT OF A PORTION OF portion of the Elm Street
THE ELM STREET Right -Of -Way, in the Riv-
RIGHT -OF -WAY, IN THE ercliff Addition, within the
RIVERCLIFF ADDITION, corporate limits of the
WITHIN THE CORPORATE City of Van Buren, Arkan-
LIMITS OF THE CITY OF sas, as setout in Attach
VAN BUREN. ARKANSAS, ment "A" hereto.
AND FOR OTHER PUR- SECTION 2: The City spe-
POSES cifically reserves the pub
WHEREAS, a petition was lic utility and drainage
filed with the City Council easements within the for
of the City of Van Buren, mer right -of -way.
Arkansas by Dale W. SECTION 3: A copy of this
Anna F. Trentham and ordinance, duly certified
William L. Karen Pharis by the City Clerk, shall be
to dose and abandon a filed in the real estate re-
portion of the Elm Street cords of the recorder of
Right -Of -Way in the River- the Circuit Clerk of Craw
cliff Addition, within the ford County.
corporate limits of the IN WITNESS WHEREOF,
City of Van Buren, Arkan- the City of Van Buren, Ar-
sas; and kansas, by its City Coun-
WHEREAS, the City Coun- cil, did pass approve„
dl of Van Buren, Arkan- and adopt, by a vote of 6
sas, acting under the for and 0 against, the
authority of ARKANSAS foregoing'Ordinance at its
CODE ANNOTATED g meeting held on the 16th
14.301 -101 et seq., has the day of July, 2007.
authority to take the ac- Robert D. Freeman, Mayor
tion herein; and Attested:
WHEREAS, after due no- Barbie Curtis,
tice as required by law, City Clerk/Treasurer
the City Council has, at APPROVED AS TO FORM:
the time and place pro- N: Donald Jenkins,
scribed by said notice, icity Attorney
heard all persons desiring :Published in the July` 21,
to be heard an this ques- 1 2007, issue of the Press
tion and has ascertained 'Argus-Courier
that the right -of -way
closed and abandoned by
this ordinance is no
longer needed for corpo-
rate purposes;
On the agenda next was to consider AN ORDINANCE FOR COMPLIANCE
WITH ARK. CODE ANN. 14 -42 -107 AUTHORIZING A CONTRACT WITH AN
OFFICIAL OR EMPLOYEE OF THE CITY OF VAN BUREN FOR BUILDING
CONTRACTOR SERVICES, 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 Aldennan Parker. On the Clerk's calling the roll, the
following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson, Dodd and
Sagely. The Mayor declared the motion carried as there were six (6) ayes and (0) nays.
Four (4) votes being necessary for passage. The Ordinance was read the second time.
Alderman Swaim moved that the rules be further suspended and the Ordinance
placed on the third and final reading. The motion was seconded by Alderman Parker. On
the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker,
Moore, Johnson, Dodd and Sagely. The Mayor declared the motion carried as there were
six (6) ayes and (0) nays. Four (4) votes being necessary for passage. The Clerk then
read the Ordinance the third and final time. The Mayor asked if there was any
discussion. Aldennan Johnson spoke and said, "Does this alleviate the bidding process
Mayor Freeman answered saying, yes, if it's less than $10,000, he can do it without
Council approval. He just wanted to follow ACA 14 -42 -107. Alderman Johnson asked
if this was only on this project. The Mayor said yes, it was only on this specific project.
If it's another project, then we'll have to come back with another Ordinance.
The Mayor then put the question, "Shall the Ordinance pass Motion was made by
Alderman Swaim and seconded by Alderman Dodd to adopt the Ordinance. On the
Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker,
Moore, Johnson, Dodd and Sagely. 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 Aldennan 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, Parker, Moore, Johnson, Dodd and Sagely. 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 20 -2007
CITY OF VAN BUREN,
ARKANSAS
ORDINANCE NO. 20 -2007
BE IT ENACTED BY THE NOW, THEREFORE, BE IT
CITY COUNCIL, FOR THE ORDAINED AND ENACTED
CITY OF VAN BUREN, AR- BY THE CITY COUNCIL OF
KANSAS AN ORDINANCE THE CITY OF VAN BUREN,
TO BE ENTITLED: ARKANSAS, THAT:
AN ORDINANCE FOR COM- SECTION 1: The following
PLIANCE WITH ARK. CODE are hereby authorized and
ANN. 14 -42 -107 accepted as recom-
AUTHORIZING A CON- mended• by the 'Mayor's
TRACT WITH AN OFFICIAL office, to perform certain
OR EMPLOYEE OF THE building contractor serv-
CITY OF VAN BUREN FOR ices for the city on an as
BUILDING CONTRACTOR needed basis:
SERVICES, DECLARING AN Larry Gregory, who is an
EMERGENCY, AND FOR employee of the Van Bu-
OTHER PURPOSES. ren Fire Department, to
WHEREAS, A.C.A. perform certain construc-
14-42-107 requires an or- tion services, specifically
dinance to be enacted the construction of a stor-
specifically permitting the age building behind Fire
conducting of business Station #1 at a cost not to
between an official or em- exceed Ten Thousand
ployee of the city and the ($10,000.00) Dollars.
City of Van Buren, and SECTION 2: This ordi-
WHEREAS, Larry Gregory nance being necessary for
has submitted a proposal the financial continuity of
to perform certain con- the City of Van Buren, Ar-
struction for the city, kansas, and necessary in
specifically the construc- providing for the immedi-
tion of a storage building ate preservation. of 'the
behind Fire Station 1 public peace, health,. and
for below market value safety, an': emergency is
and within the time frame declared to exist and this
necessary for the city; Ordinance shall be, take
and effect and be in force af-
WHEREAS, it is the desire ter its passage and publi-
of the Administration and cation.
the Van Buren City Coun- IN WITNESS WHEREOF,
cil that compliance with the City of Van Buren, Ar-
A.C.A 14 -42 -107 is satis- kansas, by its City Coun-
fied for the conducting of cil, did pass, approve and
the city business; and adopt, by a vote of 6 for
WHEREAS, the City of Van and 0 against, the forego
Buren, Arkansas, is duly ing Ordinance at its meet
incorporated under the ing held on the 16th day
laws of the State of Ar- of July 2007.
kansas, with all powers, Robert D. Freeman, Mayor
authority and duties of a ATTESTED:
city of the First Class and BARBIE CURTIS, CITY
WHEREAS, the purpose of CLERK/TREASURER
this Ordinance is immedi- APPROVED AS TO FORM:
ately necessary for pres- N. Donald Jenkins, Jr.,
ervation of the health,) City Attorney
safety and welfare of the. Published in the July 21,
inhabitants of the City of 2007, issue of the Press'
Van Buren, Arkansas and Argus- Courier
an emergency exists
which requires that this
Ordinance become imme-
diately effective and in
full force and effect;
On the agenda next was to consider AN ORDINANCE AUTHORIZING THE
MAYOR TO CONTRACT FOR, AND TO PURCHASE, CERTAIN VEHICLES
FOR THE VAN BUREN POLICE DEPARTMENT THROUGH THE STATE
PURCHASE CONTRACT; 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 he placed on its second reading. The motion
was seconded by Alderman Dodd. On the Clerk's calling the roll, the tbllowing vote
resulted: Ayes Alderman Swaim, Parker, Moore, Johnson, Dodd and Sagely. The
Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four (4) votes
being necessary for passage. The Ordinance was read the second time.
Alderman Swaim moved that the rules be further suspended and the Ordinance
placed on the third and final reading. The motion was seconded by Alderman Sagely.
On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim,
Parker, Moore, Johnson, Dodd and Sagely. The Mayor declared the motion carried as
there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage. The
Clerk then read the Ordinance the third and final time. The Mayor asked if there was
discussion. Police Chief Kenneth Bell spoke saying that Federal Forfeiture funds were
going to purchase one of the Crown Victorias, not the Ford F 150 Pickup Truck. There
are going to be three (3) vehicles purchased with County Sales Tax and one (1) vehicle
with Federal Forfeiture Funds. Alderman Johnson made a motion to amend as noted.
The motion was seconded by Alderman Swaim. The Mayor declared the motion carried
as there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage.
The Mayor then put the question, "Shall the Ordinance pass Motion was made by
Alderman Johnson and seconded by Alderman Swaim to adopt the Ordinance. On the
Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker,
Moore, Johnson, Dodd and Sagely. 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 Johnson and seconded by Alderman Swaim, that the
emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted:
Ayes Alderman Swains, Parker, Moore, Johnson, Dodd and Sagely. 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- 2007
CITY OF VAN BUREN,
ARKANSAS
ORDINANCE NO. 21 2007
BE IT ENACTED BY. THE
CITY COUNCIL, FOR THE
CITY OF VAN BUREN AR-
KANSAS AN ORDINANCE
TO BE ENTITLED
AN ORDINANCE AUTHOR-
IZING THE MAYOR TO
CONTRACT FOR, AND TO
PURCHASE, CERTAIN VE-
HICLES FOR THE VAN BU-
REN POLICE DEPARTMENT
THROUGH THE STATE
PURCHASE CONTRACT;
DECLARING AN EMER-
GENCY; AND FOR OTHER
PURPOSES.
WHEREAS, the' City of. Van
Buren is in immediate
need of certain additional
police vehicles for the
safety of life and protec-
tion of property by the
City of Van Buren Police
Department; and
WHEREAS, the City of Van
Buren desires to purchase
four police vehicle units,
equipped as setforth in
attachment "A" hereto,
more specifically:
(3) Ford Crown Victoria,
Four Door Large Police
Pursuit Sedans
(1) Ford F150, Full Size
One -Half Ton Pickup
Truck;
and
WHEREAS, the, City is
authorised to waive the
expense and time of bid-
ding, by purchasing vehi-
cles though the state,pur-
chase contract, pursuant
to ARK. CODE ANN.
19 -11 -249; and
WHEREAS, the City has
decided that it is in its
best interest to purchase
the above listed vehicles
via the 2007 Arkansas
State Contract Award No.
SP -07 -0035, at an esti-
mated "and.;_....
of
$75,963.00; and__.
WHEREAS, therelarei Fed-
eral Forfeiture funds
available for the purchase
one of the Crown Victoria;
and
WHEREAS, the purchase
of these vehicles and the
expedited receipt of same
by use of the state pur-
chasing contract is neces-
sary for the immediate
health, safety and welfare
of the citizens of Van Bu-
ren, an emergency in
hereby declared to exist;
NOW, THEREFORE, BE IT
ORDAINED AND ENACTED
BV-THE CITY COUNCIL OF
THE CITY OF VAN BUREN,
ARKANSAS, THAT:
SECTION 1: The Police De-
partment of the City of
Van Buren, Arkansas is in
immediate need of
SECTION 2: Said vehicles
are to be purchased via
the 2007 Arkansas State
Contract Award No.
SP -07 -0035, from Landers
Ford and Cavanaugh
Fleet, respectively, for a
combined total sum of
$75,963.00, as set forth in
attachment "A" hereto.
SECTION 3: It is further
that due to immediate
need to acquire these ve-
hicles an emergency is
declared to exist and this
ordinance being 'neces-
sary for the preservation
of the public health,
safety, and welfare, it
shall take effect from and
after its passage and ap-
proval.
SECTION 4: The Mayor is
further authorized to en-
ter into an agreement
with an appropriate finan-
cial institution in order to
finance payment of these
vehicles, pursuant to
Amendment 78, Section 2
of the Constitution of the
State of Arkansas, if nec-
essary.
SECTION S: Thar Mayor
and City Clerk are hereby
authorized by the City
Council for the City of Van
Buren to execute all docu-
ments, contracts, and
agreements necessary to
effectuate this Ordinance.
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 provi-
sion or part of a provision
herein, is declared to be
unconstitutional, inappro-
priate, or invalid by any
court of competent juris-
diction, such holding shall
not invalidate or affect
the remainder of this Or-
dinance and to that extent
the provisions hereto are
declared to be severable.
IN WITNESS WHEREOF,
the City of Van Buren, Ar-
kansas, by its City Coun-
cil, did pass, approve and
adopt, by a vote of 6 for
and 0 against the forego-
ing Ordinance at its meet-
ing held on the 16th day
of July, 2007.
Robert D. Freeman, Mayor
ATTESTED:
Barbie Curtis, City
Clerk/Treasurer
APPROVED AS TO FORM:
N. Donald Jenkins, Jr., City,
Attorney-
Published in the July 21,
2007 issue of the Press Ar-
gus- Courier
Next Police, Fire, Building Inspector, District Court, and Engineer Reports were presented for
filing.
Next on the agenda was Miscellaneous and General Discussion. The Mayor spoke and said he was
leaving for Little Rock for a meeting with FEMA about the Levees on Tuesday. He wanted to let the
City Council members know that he had made copies out of the City and Town magazine with an article
about Code Enforcement— "Honor Thy He thought everyone might enjoy reading it. City Attorney
Donald Jenkins spoke and said he had met with representatives from Cox Communications. They were
unaware of the agreement with TCA Cable (whom they purchased it from) and the City of Van Buren.
They told the City Attorney they would keep an office here in Van Buren. The City Attorney also stated
that the Harassment Seminar had a good turn out with over 80 Supervisors attending the 2- hour
Seminar.
Mayor Freeman spoke concerning the Library bids. They weren't as low as we hoped, but it's
manageable. We will work through this.
Jackie Suttertield spoke wanting to praise the City of Van Buren for putting the stop signs backup
on Durango. He also wants Code Enforcement to check lots for tall grass to keep the mosquito problem
down.
There being no further business, motion was made by Aldennan Swaim and seconded by all of the
Council to adjourn. The Council members plus Vivian Mitchell followed with a unanimous vote. The
meeting adjourned at 7:34 p.m.
ATTESTED: APPROVED:
CITY CLERK- TREASURER MAYOR