08 August 2007 RegularMINUTES OF THE VAN BUREN, ARKANSAS
CITY COUNCIL MEETING AUGUST 20, 2007
The City Council of the City of Van Buren, Arkansas met at 7:00 p.m., Monday, August 20,
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 Fred Williams of Williams, Crawford Associates.
Next, Mayor Freeman led the Pledge of Allegiance.
On the agenda next was to consider A RESOLUTION CONGRATULATING THE VAN
BUREN 14 -YEAR OLD BABE RUTH LEAGUE ALL STAR TEAM FOR GOING
UNDEFEATED AND WINNING THE NORTH ARKANSAS STATE CHAMPIONSHIP.
The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion.
There was none. Alderman Swaim seconded by Alderman Johnson moved that the Resolution
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 thereupon declared the Resolution adopted and signed the Resolution, which was
attested by the City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 8 -1 -07
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. I -2007
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED.
A RESOLUTION CONGRATULATING THE VAN BUREN
I4-YEAR OLD BABE RUTH LEAGUE ALL STARTEAM FOR
GOING UNDEFEATED AND WINNING TIIE NORTII
ARKANSAS STATE CIIAMPIONSIIIP.
WHEREAS, youth athletic championships are highly sought honors and the achievements they
represent are worthy of respect and recognition; and
WHEREAS, athletic competition teaches and fosters the principles of cooperation, self -control,
and fair play; and
WHEREAS, the 14 -year old Babe Ruth league All Stars participated in the North Arkansas state
championship toumamentinMountain Home Arkansas onJuly 19i through the 22'
giving an inspired and outstanding effort to go undefeated and win the North
Arkansas State Championship;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS:
SECTION I: That the City of Van Buren, Arkansas, extends its congratulations to the 14 -year -old
Babe Ruth league All Star team members, coaches and supporters on their
accomplishments, skill, and efforts in winning the North Arkansas State
Championship.
IN WITNESS WHEREOF. the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of (a for and 0 against, the foregoing Resolution at its
meeting held on the 20th day of August, 2007.
ATTESTED:
Barbie Curtis, City Clert'Treasurer
Robert D. Free
APPROVED AS TO FORM:
.a
N. D. a d len s i rney
The Mayor then presented certificates to the team and coaches. After the presentation, the
Mayor read a letter from the Chafin Family of Kentucky telling of their wonderful experience
here at the World Series. Next, the Mayor then recognized Police Sgt. Rob Allen, who has been
on the Van Buren Police Department for 10 years, on being accepted for admission into the FBI
Academy. Rob said it has been an honor to serve the city and hopes he will represent the city
well as an FBI agent. The Mayor responded, saying that he was sure he would and that the city
hates to lose him. Next, the Mayor introduced Rotary exchange student Heloise Restau of
Saillans, France and made her an honorary citizen of Van Buren. She is staying with Fred and
Shirley Williams and their daughter, Elizabeth. As part of a Rotary Club program, Elizabeth
went to France for a month before Heloise arrived here for a month long stay.
On the agenda next, Mayor Freeman asked to adopt the minutes of the Council Meeting on
July 16, 2007. 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, Johnson, Dodd and Sagely. The following voted nay: none.
On the agenda next was to consider A RESOLUTION SETTING A PUBLIC HEARING
FOR THE ABANDONMENT OF THE PUBLIC UTILITY EASEMENT BETWEEN
LOTS 1509 AND 1511 LEXINGTON CIRCLE IN THE HERITAGE HEIGHTS
ADDITION, WITHIN THE CORPORATE LIMITS OF 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. There was none. Alderman Swaim seconded
by Alderman Parker moved that the Resolution 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 thereupon declared the Resolution adopted and signed the Resolution, which was
attested by the City Clerk and impressed with the seal of the City.
All ES IED:
THE RESOLUTION WAS GIVEN THE NUMBER 8 2 2007
BE 11' ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION SETTING A PUBLIC HEARING FOR THE
ABANDONMENT OF THE PUBLIC UTILITY EASEMENT
BETWEEN LOTS 1509 AND 1511 LEXINGTON CIRCLE IN
THE HERITAGE HEIGHTS ADDITION, WITHIN TIIE
CORPORATE LIMITS OF TIIE CITY OF VAN BUREN,
ARKANSAS, AND FOR OTHER PURPOSES
WHEREAS, a petition has been filed with the City Council of the City of Van Buren, Arkansas
by Richard Weindel to abandon the Public Utility Easement between lots 1509 and
1511 Lexington Circle in the Heritage Heights Addition, within the corporate limits
of the City of Van Buren, Arkansas, as setout in Attachment 1 attached hereto; and
WHEREAS, The City Council of Van Buren, Arkansas, acting under the authority of Arkansas
Code Annotated, 14 -301 -301 has the authority to take the action herein.
NOW, THEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF THE CITY OF
VAN BUREN, ARKANSAS:
Section 1: That a Public Hearing is set for September 2007, at 7:00 p.m., at which time
said Petition shall be presented to the City Council, for the Council to determine
whether Pctitioner(s) request should be granted, and that all abutting property owners
and other persons directly interested have consented to such action.
Section 2: That the City Clerk of Van Buren, Arkansas, is hereby directed to publish notice of
the filing of said petition and of said hearing for the time and in the manner
prescribed by law.
IN TESTIMONY WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of b for and against, the foregoing Resolution
at its Meeting held on the 20th day of August 2007.
Barbic Curtis, City Clerk/Treasurer
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. 3 2. 2007
Robert D. Freeman, or
APPROVED AS TO FORM:
On the agenda next was to consider A RESOLUTION APPROVING AND ACCEPTING THE
FINAL PLAT OF "LEGACY BUSINESS PARK" (Lots 1 -7) WITHIN 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. There was none. Alderman Swaim
seconded by Alderman Dodd moved that the Resolution 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 thereupon declared the Resolution adopted and signed the Resolution, which was
attested by the City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 8 -3 -2007
Section 1:
ATTESTED:
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. 5J 3 -2007
BE IT ENACTED BY TIIE arc COUNCIL, FOR THE CITY OF VAN BUREN
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION APPROVING AND ACCEPTING TIIE
FINAL PLAT OF "LEGACY BUSINESS PARK" (Lots 1 -7)
WITHIN TI I E CITY OF VAN BUREN, ARKANSAS, AND FOR
OTHER PURPOSES.
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 under
such authority has adopted the Subdivision Regulations for the City of Van Buren
(Ordinance No. 7- 2003); and
WHEREAS, notice of a I'ublic !fearing was duly published and a Public hearing was conducted
as required by law (A.C.A. 14 -56 -422) on December 5. 2006 and
WHEREAS, as a result of this hearing, the proposed Final Plat hereto was recommended by a
majority vote of the entire Planning Commission, in accordance with A.C.A.
14 -56 -422;
NOW, TIIEREFORE, BE 11' RESOLVED BY THE CITY COUNCIL OF VAN I3UREN,
ARKANSAS:
Subject to the assurances provided in the Code of General Orders of the City of Van
Buren Subdivision Regulations Title 15 et seq., being executed to assure that all
improvements are put in and that all requirements of the Planning Commission are
met, the submitted Final Plat for the Leracv Business Park (Lots 1 -7) within the City
of Van Buren, Arkansas, is hereby approved and accepted; and
Section 2: The Mayor is hereby authorized and directed to sign said plat document and the City
Clerk is authorized and directed to attest to same, upon acceptance of the constructed
improvements by the City, or, upon filing of any necessary bonds with the City Clerk.
IN WITNESS WI IEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of G for and 0 against, the foregoing Resolution at its
meeting held on the 20th day of August, 2007.
Barbie Curtis, City ClcrkTfreasurer
On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO
CONTRACT FOR, AND TO PURCHASE, A CERTAIN VEHICLE FOR THE CITY OF VAN
BUREN STREET DEPARTMENT THROUGH THE STATE PURCHASE CONTRACT.
The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. There
was none. Alderman Swaim seconded by Alderman Sagely moved that the Resolution 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 thereupon declared the Resolution adopted and signed the Resolution, which was
attested by the City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 8 -4 -07
CITY OF VAN BURFN,,
RESOLUTION NO. D t -2007
Ifli IT ENACTED BY THE CITY COI/NCIL, FOR TIIE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITI.ED.
A RESOLUTION AUTHORIZING THE MAYOR TO
CONTRACT FOR, AND TO PURCHASE, A CERTAIN
VEHICLE FOR TIIE CITY OF VAN BUREN STREET
DEPARTMENT THROUGH THE STATE PURCHASE
CONTRACT.
WI IEREAS, the City of Van Buren is in immediate need of a certain vehicle for the safety of life
and protection of property by the City of Van Buren Street Department; and
WIIEREAS, the City of Van Buren desires to purchase one (1) Ford F350 Diesel truck for the
price of S26,381.70; and
WIRi12EAS, the City is authorized to waive the expense and time of bidding by purchasing such
vehicles though the state purchase contract, pursuant to ARK. CODE Akm. 19 -11-
249; and
WHEREAS, the City has decidal that it is in its bast interest to purchase the above listed vehicle
via the 2007 Arkansas State Contract Award Nu. SI'- 07.0035;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS, THAT:
SECTION I: The Street Department of the City of Van Breen, Arkansas is in immediate need of
a certain vehicle, as setforth above.
SECT10N2: Said vehicle is to he purchased via the 2007 Arkansas State Contract Award No. SP-
07-0035, from hander's Ford, for the sum of $26,381.70.
SECTION 3: The Mayor and City Clerk are hereby authorized by the City Council for the City of
Van Buren to execute all documents, contacts, and agreements necessary to
effectuate this action.
5ECTION4: Eight vehiclescurrenhy operated by the Street Department will be disposed ofby sale
or other means.
IN TESTIMONY WIIEREOF, the City of Van Buren, Arkansas. by its City Council, did
pass, approve, and adopt, by a vote of §r for and 0 against, the foregoing Resolution at
its meeting held on the 20th day of August 2007.
Barbie Curtis, City ClerWfreasurer
Robin U. Frce
AMSTED: APPROVED A TO FO
N. Do
riser
On the agenda next was to consider A RESOLUTION TO AUTHORIZE THE MAYOR AND
CITY CLERK TO REMOVE AND DISPOSE 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. There was
none. Alderman Swiam seconded by Alderman Parker moved that the Resolution be adopted. On the
Clerk's calling the roll, the following vote resulted: Ayes Alderrnan Swaim, Parker, Moore, Johnson,
Dodd and Sagely. 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 8 -5 -2007
CITY OF VAN BUREN,, ARKANSAS
RESOLUTION NO. 5 2007
BE IT ENACTED BY THE' CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
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, to as to no longer
he 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 THE 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:
De nartment
ATTESTED:
A RESOLUTION '1'O AUTHORIZE THE MAYOR AND CITY
CLERIC TO REMOVE AND DISPOSE OF CERTAIN FIXED
ASSETS FROM THE CITY OF VAN BUREN'S FIXED ASSET
INVENTORY, BY SEALED BID, AUCTION OR OTHER
METHODS AUTHORIZED UNDER TIIE LAW, AND FOR
OTHER PURPOSES.
Barbie Curtis, City Clerk/Treasurer
Amount Description of Inventory Control
Street Department $2,600.00 1981 Jeep Scrambler ST -111
Street Department $21,122.00 Crown Victoria ST -233
Street Department $9,000.00 1988 Chevy Pickup ST -56
Street Department $3,500.00 1990 GMC 2500 3/4 ton 4x4 ST -140
Street Department $13,486.00 1996 Dodge Pickup ST -119
Street Department $16,990.00 2000 Dodge Quad Cab Pickup ST -182
Street Department $9,000.00 2000 Chev35001- ton Van ST -216
Street Department $16,475.00 1984 Ford 2 Ton Dump Truck ST -38
Street Department $2,876.00 Fontaine Sand Spreader ST -66
Street Department $8,605.00 Sand Spreader ST -5
Street Department $8,605.00 Sand Spreader ST -6
Street Department $25,437.00 Green Machine Sidewalk Sweeper ST -221
Street Department $12,995.00 Vermeer Chipper ST -94
Field of Dreams $19,250.00 Case 480C Backhoe OR -50
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of (0 for and r) against, the foregoing Resolution at its
meeting held on the 201° day of August, 2007.
Robert D. Freeman, ayo
APP 'D TOP
N. and enkins
orney
On the agenda next was to consider A RESOLUTION ACCEPTING THE BID OF BOSSLER
CONTRACTING, INC. FOR THE CONSTRUCTION OF THE NEW VAN BUREN PUBLIC
LIBRARY PROJECT; AUTHORIZING FUNDING; AND FOR OTHER PURPOSES. The Clerk
read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. There was none.
Alderman Parker seconded by Alderman Sagely moved that the Resolution 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 thereupon declared the Resolution adopted and signed the Resolution, which was
attested by the City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 8 -6 -2007
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. (a -2007
BE IT ENACTED BY TIIE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION ACCEPTING TIIE 111D OF ROSSLER
CONTRACTING INC. FOR THE CONSTRUCTION OF THE
NEW VAN BUREN PUBLIC LIBRARY PROJECT;
AUTHORIZING FUNDING; AND FOR O'1'II ER PURPOSES.
WHEREAS, the City of Van Buren has advertised and let bids for the construction of the new Van
Buren Public Library at 1 5th and Main streets; and
WHEREAS, bids have been received and opened in accordance with Arkansas law and Bossier
Contracting Inc. was the lowest bidder meeting the bid specifications; and
WHEREAS, the City of Van Buren, after consulting with MAHG Architecture, has determined
that the low bid of Bossier Contracting Inc. is the best bid; and
WHEREAS, One hundred percent of the funds for the project shall come from line item 05 -97-
5200-00 in the 2007 budget.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS,TIIAT:
Section 1.
The City of Van Buren, Arkansas accepts the bid of $3,376,846.06 as submitted by
Bossier Contracting Inc. for the construction of the new Van Buren Public Library,
as set forth in"Exhibit 1" attached hereto.
Section 2. An expenditure of 250, 000.00 from capital improvement, line item 05- 91- 5203 -41
to the library fund account number 45 -1020 is authorized to cover the bid cost
overage from the actual tax collection.
Section 3. The Mayor, Robert Freeman and City Clerk, I3arbie Curtis are hereby authorized by
the City Council for the City of Van Buren to pay all expenses relating to the Bossier
Contract for the construction of the new Van Buren Public Library and to execute all
documents necessary to effectuate this Resolution.
IN TESTIMONY WIIEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of (Q for and Q against, the foregoing Resolution at its
Meeting held on the 20th day of August 2007.
Barbie Curtis, City Clerk/Treasurer
Robert D. Freer"
ATTESTED: APPROVED A TO FORM:
I� Ai
N. 1 o Mir :gip) Allomey
On the agenda next was to consider AN ORDINANCE AUTHORIZING THE MAYOR TO
CONTRACT FOR, AND TO PURCHASE, A STREET SWEEPER FOR THE CITY OF VAN
BUREN STREET DEPARTMENT THROUGH THE HOUSTON GALVESTON AREA
COUNCIL COOPERATIVE PURCHASING PROGRAM "HGACBUY TO OBTAIN
SHORT -TERM FINANCING; 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. On the Clerk's caling 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.
Alderrnan 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 read the Ordinance the third and final time. The Mayor asked if there
was any discussion. The Mayor spoke saying the City had rented one but glad that we didn't buy it.
The new street sweeper should he here around October 2.
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, 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 Alden Swaim and seconded by Aldennan Parker, that the emergency
clause he 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 22- 2007
CITY OF VAN BUREN,
ARKANSAS
ORDINANCE NO. 22 -2007
BE IT ENACTED BY THE
CITY COUNCIL, FOR THE
CITY OF VAN BUREN, AR-
KANSAS AN ORDINANCE
TO BE ENTITLED:
AN ORDINANCE'
AUTHORIZING THE
MAYOR TO CONTRACT
FOR, AND TO PUR-
CHASE, A STREET
SWEEPER FOR THE
CITY OF VAN BUREN
STREET DEPARTMENT
THROUGH THE HOUS-
TON GALVESTON
AREA COUNCIL COOP-
ERATIVE PURCHASING
PROGRAM
"HGACBUV TO OB-
TAIN SHORT -TERM FI-
NANCING; DECLARING
AN EMERGENCY: AND
FOR OTHER PURPOSES.
WHEREAS, the City of Van
Buren is in immediate
need of a new street
sweeper for the safety of
life and protection of
property by the City of
Van Buren Street Depart-
ment; and
WHEREAS, after a review
of the various equipment
and sources available for
street sweepers the City
of Van Buren desires to
purchase one (1) TYMCO
Model 600 Regenerative
Air Sweeper for the total
price of $135,974.48; and
WHEREAS, the City is
authorized to waive the
expense and time of bid-
ding by purchasing such
vehicles though a coop-
erative purchasing agree-
ment such as the one be-
tween the city of Van Bu-
ren and HGACBuy, pursu-
ant 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 equip-
ment via HGACBuy, pursu-
ant to the terms set forth
in the contract pricing
worksheet attached
hereto as Exhibit "A
NOW, THEREFORE, BE IT
ORDAINED AND ENACTED
BY THE CITY COUNCIL OF
THE CITY OF VAN BUREN,
ARKANSAS, THAT:
SECTION 1: The Street De-
partment of the City of
Van Buren, Arkansas is in
immediate need of certain
equipment, as setforth
above.
SECTION 2: Said equip-
ment is to be purchased
via HGACBuy, for the sum
of $135,974.48.
SECTION 3: 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 ARKAN-
SAS and ARK. CODE ANN,
14 -78 -103.
SECTION 4: It is further
found that due to immedi-
ate need to acquire this
equipment an emergency
is declared to exist and
this ordinance being nec-
essary for the preserva-
tion of the public health,
safety, and welfare, it
shall take effect immedi-
ately from and after its
passage and approval.
SECTION 5: The 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 6 for
and 0_against, the forego-
ing Ordinance at its meet-
ing held on the 20th day
of August 2007.
Robert D. Freeman, Mayor
ATTESTED:
Barbie Curtis, CITY
CLERK/TREASURER
APPROVED AS TO FORM:
N. Donald Jenkins, Jr., City
Attorney
Published in the August
25, 2007 issue of the Press
Argus- Courier
On the agenda next was to consider AN ORDINANCE TO WAIVE COMPETITIVE BIDDING
AND AUTHORIZE A CONTRACT FOR, AND PURCHASE OF, A "MONROE SAND
SPREADER FROM SCOTT CONSTRUCTION EQUIPMENT CO.; 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. On the Clerk's calling the roll, the tollowing 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 anal reacting. 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 carncd 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. 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, 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 Swaim and seconded by Alderman Moore, 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 23 -2007
CITY OF VAN BUREN,
ARKANSAS
ORDINANCE NO. 23 -2007
BE IT ENACTED BY THE
CITY COUNCIL, FOR THE
CITY OF VAN BUREN AR-
KANSAS AN ORDINANCE
TO BE ENTITLED:
AN ORDINANCE TO
WAIVE COMPETITIVE
BIDDING AND AUTHOR-
IZE A CONTRACT FOR,
AND PURCHASE OF, A
"MONROE SAND
SPREADER FROM
SCOTT CONSTRUCTION
EQUIPMENT CO.; FOR
THE APPROPRIATION
OF FUNDS; DECLARING
AN EMERGENCY; AND
FOR OTHER PURPOSES.
WHEREAS, the City of Van
Buren is in immediate
need of heavy duty sand
spreader for the safety of
life and protection of
property by the City of
Van Buren Street Depart-
ment; and
WHEREAS, after extensive
research and inquiry, in-
cluding solicitation of in-
formation from various
equipment providers' and
manufacturers, the City of
Van Buren Engineer has
determined that Scott
Construction Equipment
Co.'s Monroe MV- 120 -84
sand spreader, as set
forth in Exhibit "A" at-
tached hereto, is ideally
suited to the needs of Van
Buren, and that no other
comparable equipment,
for the price, is a reasona-
bly suitable alternative;
and
WHEREAS, the cost of the
Monroe MV- 120 -84, fully
installed, is 815,200.00,
which exceeds the 3 limit
for purchase without
competitive bidding under
A.C.A. 14 -58 -303 and
Van Buren Municipal Code
03.04.01; and
WHEREAS, the City Coun-
cil has determined, pursu-
ant to A.C.A. 14 -58 -303
(b)(2)(B0 that exceptional
circumstances exist
which render the com-
petitive bidding process
to not b e practical or fea-
sible; and
WHEREAS, a state of
emergency exists be-
cause the equipment
herein is needed immedi-
ately to provide for the
safety and welfare of the
citizens of Van Buren.
NOW, THEREFORE, BE IT
ORDAINED AND ENACTED
BY THE CITY COUNCIL OF
THE CITY OF VAN BUREN,
ARKANSAS. THAT:
SECTION 1: That the
Street Department is in
immediate need -of a
"Monroe MV- 120 -84" sand
spreader.
SECTION 2: That said
equipment, is to be pur-
chased from and installed
by Scott Construction
Equipment Co., located in
Fort Smith, Arkansas, for
the sum of $15,200.00.
SECTION 3: That 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
authorizes and directs the
Mayor to purchase the
above described for the
price set forth in Section 2
above.
SECTION 4: It is further
found that due to imme-
diate need to acquire this
equipment for street
maintenance and repair,
an emergency is declared
to exist and this ordi-
nance being necessary for
the preservation of the
public health, safety, and
welfare, shall take full ef-
fect from and after its
passage and approval.
SECTION 5: The 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 ordi-
nance 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 Resolution at its meet-
ing held on the 20th day
of August, 2007.
Robert D. Freeman, Mayor
ATTESTED:
Barbie Curtis, City
Clerk/Treasurer
APPROVED AS TO FORM:
N. Donald Jenkins, Jr., City
Attorney
Published in the August
25, 2007 issue of the Press
Argus- Courier
On the agenda next was to consider AN ORDINANCE TO AMEND ORDINANCE NO. 7 -1963
(VAN BUREN MUNICIPAL CODE NO. 14.04.01) FOR THE PURPOSE OF REZONING
CERTAIN PROPERTY IN THE CITY OF VAN BUREN, ARKANSAS, AMENDING THE
ZONING MAP 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 Moore. 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 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 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
Swaim and seconded by Alderman Sagely 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 sane in open Council, duly attested by
the City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 24 -2007
i CITY OF VAN BUREN
th 4 '??`%ARKANSAS? Fe
ORDINANCE .NO.`
-2007
BEiIT :ENACTED', BY•THE
CITY' 'COUNCIL :1 :FOR'THEt
CITY`OF AR'
KANSAS IAN ORDINANCE'.
TO BE ENTITLED' S'
IAN•°'V ORDINANCE S
''AMEND "ORDINANCE)
NO u'7 1963 •(VAN', ,Bur
1 RENrT i MUNICIPAE`SCODE?
:No: 14.04:01):' FOR'.HE'
"PURPOSE'' •Or' REZON2t
LING., aCERTAIK:."PROP:
,ERTY''IN THE CITY' 'OF
,VAN' BUREN, 'ARKAN',"
SAS AMENDING': THE;
ZONING'' MAP OF, ;THE;.
:CITY :..'OF" VAN( -:BUREN;(
!ARKANSAS ANDY 'FOR;
OTHER PURPOSES ,�?1 f'
',WHEREAS thejpity,,of Va
n;
Buren'i tArkansas, ^is -duly'
l incorporated 4'under? the
laws ,of the State,;of
kansas wdh all`: poviers;,
rauthorityTan duties, of'a'.
city;of,the first class; anct,
WHEREAS the &City of Van
Buren? has;, adopted'<the
''Zoning Ordinance for
`City; of ,Van Buren-c(Ordi;r
Inance'No9T1963):and :5
wHEREASjjnotice of a' Pub
3
tllc:
°Ils Hearing.was• b e' he a r
hed and -a Publlc'hearr
ing!was 'conducted as're1'
quired'by.'law (A:C.A.,`
'14'56 422)" on August
2007; and
WHEREAS,: as -a; result-.I
tthistnearing the Planning
Commission has ;recom'.
men ded'that certain prop
1 erty'within 7 the edy
of the`reityfof,'Van :Buien
bej reio`ned'from its`previ 1
ou5 classification to the;
following: *O
.PrOpetty Description r•§
'PT NW +174 the SW 1 1/.4z
Sectidn:`•24; Towoshipptr9
Range:32 commonly
ikhowiTas• 623 Fayett
Road•Van Buren,'Arkansasr?.
(Property Zoned
R2
New Zoning' 1.-
(WHEREAS?; The proposed?'
rrezonirig: herein• was'ree
commended by a• majority'
vote .of the entire •Plan i
ning„Commission in•ac-
cordance {.with
(14-56 k'S.": v .4 1
'NOW, THEREFORE, BE IT
ORDAINEV, BV'`. THE CITY,'
COUNCILTOF1,THECITY :OF'?`
VAN BUREN ARKANSAS
SECTION 1 bo
The MA :del'
scribed propertyais- hereby 4;
rezoned and the Van BU a.
REN!Zoning Map ishereby .t
amended* to\,reflect* this;
rezoning ands k Q t j.
SECTION 2 The ✓adoptedi.
rezoning _shall, be filed in
the,: office? of, the City1
Clerk; inyaccordance with('
A.C.A. §414 :56. 422(5) t
IN ,"?:WITNESS ,WHEREOF,r,
the/City of Van: Buren Arry t
karisas, •by its City Coun 5
cil,•did• pass, approve and•'
adopt, by a -vote of 6 ford••
and 0 against?the•forego
in at its meet -3.
ing held on the 20th day.',
of August 2007.,”
Robert D Freernan. Mayor 1
IATTESTED •w
BARBIEi CURTIS;t CITY
lCLERK/TREASURER
APPROVED 'AST S 4t
N. Donald Jenkins: Jr City
Atto q1 t j.;
Published Ln the ::August
25, 2007 issue'of the Press"
Argus COUrier, 1
On the agenda next was to consider REPEALING ORDINANCE NO. 12 -2006 AND
ESTABLISHING MONTHLY RATES FOR MANDATORY RESIDENTIAL SOLID WASTE
COLLECTION SERVICE FOR 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, 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 he 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 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 Aldennan
Swaim and seconded by Alderman Moore to adopt the Ordinance. On the Clerk's calling the roll, the
following vote resulted: Ayes Alderman Swain, 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 Swaim and seconded by Alderman Moore, 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 25 -2007
ORDINANCE NO.
25 -2007
REPEALING ORDI
NANCE NO. 12 -2006
AND ESTABLISHING'
MONTHLY RATES FOR',
MANDATORY RESIDEN-
TIAL SOLID WASTE
COLLECTION SERVICE
FOR •THE CITY OF VAN
BUREN, ARKANSAS
WHEREAS, The City of Van
Buren has implemented a
mandatory residential
solid waste management
system and recycling pro-
gram pursuant to Ordi-
nance No. 1992 -25; and,,
WHEREAS, the cost of
residential solid waste
collection within the City
of Van Buren,. Arkansas,
has increased since the
same were last estab-
lished by Ordinance No.
12 -2006, passed and ap-
proved December 18,
2006; and,
WHEREAS, the Van Buren
Municipal Utilities Com-
mission, acting as agent
for the City, has mom-
mended a schedule of
fees and charges for op-
eration of the residential
solid waste management
program.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
VAN BUREN, ARKANSAS,
that the following rates
and charges are estab-
lished for the residential
solid waste collection
service for the City of Van
Buren, Arkansas, as
herein set forth:
SECTION 1: The monthly
rate to be charged for
each single family resi-
dential unit as defined in
Ordinance No. 1992 -25
shall be Twelve Dollars
and Twenty cents
($12.20). The effective
date of these charges
shall be September 1,
2007. These charges shall
cover, at a minimum, once
a week residential solid
waste collection (exclud-
ing removal of yard waste
materials), Twice monthly
curbside recycling collec-
tion, and the operation of
a recycle,drop -off center.
SECTION billing and
collection for single fam-
ily residential solid waste
collection shall be per-
formed by the Van Buren
Municipal Utilities accord-
ing to its customary bill-
ing and collection proce-
dures and in accordance
with the Agreement be-
tween the waste collec-
tion service providers and
the Van Buren Municipal
Utilities Commission.
SECTION 3: The Municipal
Utilities shall deduct the
sum of $1.47 for each cus-
tomer for whom a collec-
tion was made. The re-
mainder of charges col-
lected shall be remitted to
the collection contractor
in accordance with the
Agreement between the
Commission and the said
service provider.
SECTION 4: That is any
Section of part of this Or
dinance shall be held in-
valid or unconstitutional it
shall not effect the re
maining Sections thereof
and the Sections and
parts of Ordinance shall
be treated severally.
SECTION 5: That due to
the need to maintain and
enforce a comprehensive
City wide residential solid
waste management sys-
tem and recycling pro
gram, this Ordinance be
ing necessary for the
preservation of public.
peace; health, and safety
shall be in full force and
effect from September 1„
,2007.
PASSED AND APPROVED,
this 20th day of August,.
2007.
Bob Freeman, MAYOR
ATTEST:
Barbie Curtis, CITY CLERK
Published in the August
25, 2007 issue of the Press'
Argus- Courier
Next on the agenda was Boards and Commissions. Mayor Freeman received a letter from the Van
Buren Library Board recommending the appointment of Laura Whitlow to fulfill the tern of Zane
Moore on the Van Buren Library Board. Mr. Moore has requested he be replaced on the board due to a
conflicting work schedule. Motion was made by Alderman Moore seconded by Alderman Dodd to
approve the recommendation. The Council followed with a unanimous vote.
Next on the agenda was the Financial Statement. Motion was made by Alderman Swaim seconded
by Alderman Moore to appropriate the sum of $1,137,791.78 to pay expenses and salaries for July 2007,
presented by the City Clerk. The Council followed with a unanimous vote.
8 -02 -2007 10:55 AM
10 General Fund
ACCT4 ACCOUNT NAME
ASSETS
1000 Petty Cash
1020 Cash to Bank
1020.10 Cash In Bank Sale, Tax City
1020.11 Keep Van Buren Beautiful
1020.14 Court Automation District
1020.17 New Police Dept
1020.18 Cash in Bank PD Co Tax
1020.19 Cash In Sank FD Co Tax
1020.20 Cash In Bank Eroslon Control
3020.27 Cash In Bank Levee
1020.31 Cash In Bank Parks 6 Rec
1020.51 Cash In Bank Cemetery
1020.91 Cash In Bank Cap Imp
1040 Investments
1040.10 Investments Sales Tax City
1040.18 Investments Po Co Tax
1040.19 Investments FD Co Tax
1040.27 investments Levee
1040.31 Investments Parks 4 ReC
1040.51 Investments Cemetery
1040.91 Investments Cap Imp
1050 Fixed Assets
1051 Accumulated Depreciation
1504 Due from Payroll
1505 Due From Other Funds
1520 Due from Street Fund
1540 Due From Library Fund
LIABILITIES AND FUND BALANCE
2000 Accounts Payable
2010 Municipal Wealth Ins. Payable
2030 Colonial Life Payable
2035 Credit Union -First Resource
2040 LOPFI Payable
2050 National Foundation Life Ins.
2060 AFLAC
2000 Conseco Payable
2090 New York Life Ins. Payable
2100 Life Ins. of Georgia Payable
2130 Garnishments Payable
2135 R. Allen Trust 4502355610
2140 United Way Payable
2150 Parks 6 Rec. F.0.0.
2160 Pre -Paid Legal Services
2170 F.O.P.
2111 S.S. Police Benevolent Assoc.
CITY OF VAN BUREN
TRIAL BALANCE
AS OF: JULY 31ST, 2007
MONTH TO DATE YEAR TO DATE
DEBITS CREDITS
0.00
40,290.87
0.00
6.840.00
0.00
0.00
20, 454.26
22,181.54
600.00
2,700.00
1,055.17
628.34
19,753.02
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
200.00
192,115.39
0.00
6,840.00
0.00
35,000.00
121,265.03
122,134.81
12,000.00
6,894.17
75,130.00
13,022.34
987,906.10
550,000.00
0.00
0.00
0.00
0.00
0.00
48,152.59
1,119,746.16
0.00
0.00
0.00
0.00
0.00
o.00
DEBITS CREDITS
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 35.28
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
1,929.08 1,935.08
0.00
0.00
0.00
0.00
0.00
1, 021,093.09+'
1,59461+
115
100'57+
„1'0.2'904
1,131, 191' /0
250.00
Next Police, Fire, Building Inspector, District Court, and Engineer Reports were presented for
filing. Next on the agenda was Miscellaneous and General Discussion. Mayor Freeman spoke and said
that the September Council meeting date was going to be changed to September 24, 2007 because of
conflicting schedules. The Planning Commission held Public Hearings regarding the sidewalks. No one
attended. There was no input from the community. So now we are going to continue to do what we are
doing with the sidewalks. We just finished the sidewalks on Poplar and are almost finished with the
sidewalks on Log Town Hill. They have been made with rubber which saves the trees. Another item is
the old Van Buren Bridge. The bridge is temporarily being closed to have it checked out to make sure it
is structurally sound and has no problems.
Rusty Myers was there representing Keep Van Buren Beautiful. A grant was provided for
$6,840.00. It was ear marked to allow Keep Van Buren Beautiful to engage a supervisor that will
supervise community service workers working through Judge Peer's court and will be assigned to our
supervisor for the Keep Van Buren Beautiful program. We will use the community service workers to
clean up the streets, highways and right -of -ways. We are going to do this in coordination with the Street
Department and the City. This will only be done on weekends so it won't interfere with normal city
duties. The grant monies had to be directed to the city because they are for city or county government.
The Mayor asked if there was a motion to allow Keep Van Buren Beautiful to enter into their agreement
with the Supervisor for picking up litter not to exceed the amount of the grant funds. Alderman Swain
seconded by Alderman Parker made a motion to grant the request. The Council followed with a
unanimous vote.
Alderman Parker spoke saying everyone on the Library Board and Library staff would like to say
Thank You to the tax payers for supporting the Library project. Thank You to the Mayor and to the
Council tonight for your unconditional support. We appreciate it. Thank You to Rusty Myers for
coming on board. Without him coming on board and giving us direction that we needed, it would not
have been possible and we appreciate his unselfish work on behalf of the Library. The Ground Breaking
Ceremony will be August 30, 2007 at 9:00 a.m. City Attorney spoke and said that's the day before
KAA day.
There being no further business, motion was made by Alderman Parker and seconded by Alderman
Swaim to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 8:10 p.m.
ATTESTED: APPROVED:
g w at c5L. (futti_)
CITY CLERK TREASURER MAY S R