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08 September 2007 RegularMINUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING SEPTEMBER 24, 2007 The City Council of the City of Van Buren, Arkansas met at 7:00 p.m., Monday, September 24, 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 Pastor Bobby Johnson, Pastor of 1' Assembly of God. Next, Mayor Freeman led the Pledge of Allegiance. Next, Mayor Freeman asked if anyone knows what happened with the two (2) cannons, one (1) being in Fairview Cemetery and the other being at the Court House. He spoke with TACOM and the lady told him that these were cannons that belonged to the Secretary of War and that they could be called back up for war. These are 1915 Civil War cannons. If anyone has any information on these cannons, please contact the Mayor's office. On the agenda next, Mayor Freeman asked to adopt the minutes of the Council Meeting on August 20, 2007. Alderman Swaim made a motion to approve the minutes. Alderman Parker seconded the motion. On roll call, the following Council members voted aye: Aldennan Swaim, Parker, Moore, Johnson, Dodd and Sagely. The following voted nay: none. On the agenda next, Mayor Freeman asked to adopt the minutes of the Special Council Meeting on September 4, 2007. Aldennan Swaim made a motion to approve the minutes. Alderman Dodd seconded the motion. On roll call, the following Council members voted aye: Aldennan Swaim, Parker, Moore, Johnson, Dodd and Sagely. The following voted nay: none. On the agenda next was a Public Hearing Vacating Public Utility Easement. Mayor Freeman asked if there was any discussion. There was none. On the agenda next was to consider AN ORDINANCE FOR THE ABANDONMENT OF THE PUBLIC UTILITY EASEMENT BETWEEN LOTS 110 AND 111, RESPECTIVELY 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 Ordinance in its entirety. Aldennan 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 Aldennan 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. Aldennan Swaim moved that the rules be further suspended and the Ordinance placed on the third and final reading. The motion was seconded by Alderman Johnson. 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. There was none. The Mayor then put the question "Shall the Ordinance pass Motion was made by Aldennan Swaim and seconded by Alderman Johnson to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Mayor declared the motion carried as there were six necessary for passage. The Mayor then declared the Ordinance passed the City Clerk. CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. 26-2007 (BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, AR- KANSAS, AN ORDINANCE TO BE ENTITLED. 'AN ORDINANCE FOR I THE ABANDONMENT j OF THE PUBLIC UTIL- ITY EASEMENT BE- TWEEN LOTS 110 AND 111, RESPECTIVELY 1509 AND 1511 LEXING- TON CIRCLE, IN THE HERITAGE HEIGHTS ADDITION, WITHIN THE CORPORATE LIMITS OF THE CITY OF VAN BU- REN, ARKANSAS, AND FOR OTHER PURPOSES WHEREAS, a petition was filed with the City Council of the City of Van Buren, Arkansas by Richard We- indel to abandon the Pub- lic Utility Easement be- tween lots 110 'and 111, 1509 Lexington Circle and 1511 Lexington Circle in the Heritage Heights'Ad- dition, within the corpo- rate limits of the City of Van Buren, Arkansas; and WHEREAS, the City Coun- cil of Van Buren, Arkan- sas, acting under the authority of ARKANSAS CODE ANNOTATED 14- 301 -101 et seq.. has the authority to take the ac- tion herein; and WHEREAS, after due no- tice as required by law, the City Council has, at the time and place pre- scribed by said notice, heard all persons desiring to be heard on this ques- tion and has ascertained that public utility case- ment abandoned by this ordinance is no longer needed for corporate pur- poses Parker, Moore, Johnson, Dodd and Sagely. The (6) ayes and (0) nays. Four (4) votes being and signed same in open Council, duly attested by THE ORDINANCE WAS GIVEN THE NUMBER 26 -2007 NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: SECTION 1: That the City of Van Buren, Arkansas, shall abandon the Public Utility Easement between lots 110 and 11 in the Heritage Heights Addi- tion, within the corporate limits of the City of Van Buren, Arkansas, as set out in Attachment "A" hereto. SECTION 2: A copy of this dul by the City Clerk, shall fi be filed in the real estate re- cords of the recorder' of the Circuit Clerk of Craw- ford County. 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 24th day of September, 2007. Robert D. Freeman, Mayor ATTESTED: Barbie Curtis, City Clerk/Treasurer Approved as to form: N. Donald Jenkins, City At- torney Published in the Septem- ber 29, 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 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 Sagely. On the Clerk's calling the roll, the following voted 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. 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. The Mayor then declared the Ordinance passed and signed same in open Council, duly attested by the City Clerk. CITY OF VAN BUREN, AR- KANSAS ORDINANCE N0. 27 -2007 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, AR- KANSAS, AN ORDINANCE TO BE ENTITLED. AN ACCORDANCE TO AMEND ORDINANCE NO. 7 -1963 (VAN BU- REN MUNICIPAL CODE NO. 14.04.01) FOR THE PURPOSE OF REZON ING CERTAIN PROP- ERTY IN THE CITY OF VAN BUREN, ARKAN- SAS, AMENDING THE ZONING MAP OF THE 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 Ar- kansas, with all powers, authority and duties of a city of the first class; and WHEREAS, the City of Van Buren has adopted the zoning Ordinance for the City of Van Buren (Ordi- nance.No. 7.1963); and THE ORDINANCE WAS GIVEN THE NUMBER 27 -2007 WHEREAS, notice of a Public Hearing was duly published and a Public hearing was conducted as required by law (A.C.A 14 -56 -422) on September 4,2007; and WHEREAS, as a result of this hearing, the Planning. Commission has recom- mended that certain prop- erty within the city limits of the City of Van Buren be rezoned, conditioned upon the removal of the sign located thereon, from its previous classifi- cation to the following:. Property_Description Lot of the Grandview ad- dition Section 24, Townshjp 9, Range 32.' more commonly known as I 410 North 7th Street Van Buren, Arkansas Prope_rty_Zoned C -2 New Zoning R -1 WHEREAS, the Proposed rezoning herein was rec- ommended by a majority vote of the entire Plan- ning commission, in ac- cordance with A.C.A.§ 14 -56 -422; NOW, THEREFORE,, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: SECTION 1: The above -de- scribed property is hereby rezoned, and the Van Bu- ren Zoning Map is hereby amended to reflect this rezoning; and SECTION 2: The adopted !rezoning shall be filed in the office of the City Clerk, in accordance with A.C.A. 14-56-422(5); IN WITNESS WHEREOF, the City of Van Buren, Ar- kansas, b y 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 24th day of September, 2007 Robert D. Freeman, Mayor ATTESTED: Barbie" Curtis, City Clerk/Treasurer APPROVED AS TO FORM: N. Donald Jenkins, Jr., City Attorney Published in the Septem- ber 29, 2007 issue of the Press Argus- Courier On the agenda next was to consider AN ORDINANCE TO AMEND ORDINANCE NO. 09 -2006 TO ADD NEW SECTIONS 2 AND 3 REQUIRING DAILY UPLOADS OF ELECTRONIC RECORDKEEPING FOR PAWNSHOPS, PAWNBROKERS, AND DEALERS OF SECOND HAND GOODS IN 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 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 Ordinance was read the second time. Alderman Swaim moved that rules be further suspended and the Ordinance placed on the third and final reading. The motion was seconded by Alderman Johnson. 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. There was none. The Mayor then put the question "Shall the Ordinance pass Motion was made by Aldennan Swaim and seconded by Alderman Johnson 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 (6) ayes and (0) nays. Four (4) votes being necessary for passage. Motion was made by Alderman Swaim and seconded by Alderman Johnson, 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 sane in open Council, duly attested by the City Clerk. CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. 28 -2007 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, AR- KANSAS AN ORDINANCE TO BE ENTITLED: AN ORDINANCE TO AMEND ORDINANCE NO. 9 2006 TO ADD NEW SECTIONS 2 AND 3 RE- QUIRING PLOADS OF ELEC- TRONIC RECORDKEEP- ING FOR PAWNSHOPS, PAWNBROKERS, AND DEALERS OF SECOND HAND GOODS IN THE CITY OF VAN BUREN, ARKANSAS, AND FOR OTHER PURPOSES WHEREAS, the City adopted Ordinance 09 -2006 to require pawn shops, and like busi- nesses, to electronically provide records of goods bought or pawned, in or- der to prevent and deter criminal activities, as al- lowed by A.C.A. 12 -12 -101 et. seg.; and WHEREAS, it has been de- termined by the city coun- cil that there is a need to clarify and revise the up- load requirements for the "Electronic Recordkeep- ing" mandated by'city or- dinance, to assure ade- quate access of records forpolice officials; and_ THE ORDINANCE WAS GIVEN THE NUMBER 28 -2007 WHEREAS; the an iiii .I mediate need for these amendments to Ordi- nance No. 09 -2006 to pro- tect the property of the citizens of Van Buren. NOW,THERFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY, OF VAN BUREN, ARKANSAS, THAT SECTION 1: Ordinance No. 09 -2006 (Van Buren Mu- nicipal Code) shall be amended as follows: The following sections shall be added following SECTION 1: SECTION_2In accordance with A.C.A. 12 -12 -103 (e)(1)(B) each owner and /or operator covered herein shall make daily data uploads to the City of Van Buren designated tracking system and in no case shall fail to upload said data more than 3 business days after re- ceipt of the goods pur- chased or pawned. Goods" means any tangi- ble chattel or personal property except automo- biles, clothing, or furni- Aure. SECTION 3: Each and every owner or operator of a pawnshop or pawn- broker doing business in the City of Van Buren, Ar- kansas, shall keep a well !bound record book or reg- ister which shall contain a copy of every pawn ticket (or contract or bill of sale ;issued by the owner or operator of a pawnshop or by the pawnbroker. These records shall be open and accessible to I any officer of the Police Department for inspection or other official business at any reasonable time. Section "2 "3 and "4" shall be renumbered as "4 "5 and "6" respec- tively. SECTION 3: The passage and approval of these amendments to the Van Buren Ordinance 09 -2006 will protect the health, safety, and /or welfare of the City and its citizens. Therefore, an emergency is declared to exist and the Ordinance, being nec- essary for the preserva- tion of the public health, safety and /or welfare shall be in full force and take effect immediately upon and after its pas- 'SECTION 4: 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 dr part of a provision !herein, is declared to be unconstitutional, inappro- priate, or invalid by any court of competent juris- diction, such holding shall I 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 adopted, by a vote of 6 for and (against the forego- ing Ordinance at its meet- ing held on the 24th day of September 2007. Robert D. Freeman, Mayor ATTESTED: BARBIE CURTIS, CITY I CLERK/TREASURER APPROVED AS TO FORM: ,N. Donald Jenkins, Jr., City 'Attorney !Published in the Septem- ber 28, 2007 issue of the Press Argus- Courier On the agenda next was to consider AN ORDINANCE ESTABLISHING RATES FOR WATER SERVICES SUPPLIED BY THE CITY OF VAN BUREN AND REPEALING PRIOR RATES FOR SUCH SERVICES. The Clerk read the Ordinance in part. The Mayor interrupted asking for a motion to suspend the rules and go to the second reading. Alderman Swaim moved that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Alderman Dodd. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Dodd and Sagely. Nays Alderman Johnson. The Mayor declared the motion carried as there were five (5) ayes and (1) nay. 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 Parker. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Dodd and Sagely. Nays Alderman Johnson. The Mayor declared the motion carried as there were five (5) ayes and (1) nay. 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. Alderman Swaim spoke and asked Gary Smith with the Van Buren Water Department if this was going to include Cedarville Water Users. Mr. Smith responded saying no because Cedarville has been buying water from Fort Smith for about 10 years. 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, Dodd and Sagely. Nays Alderman Johnson. The Mayor declared the motion carried as there were five (5) ayes and one (1) nay. 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, Parker, Moore, Dodd and Sagely. Nays Aldennan Johnson. The Mayor then declared the Ordinance passed and signed sane in open Council, duly attested by the City Clerk. THE ORDINANCE WAS GIVEN THE NUN1BER 29 -2007 ORDINANCE NO. 29 ORDINANCE ESTABLISHING RATES FOR WATER SERVICES SUPPLIED BY THE CITY OF VAN BUREN AND REPEALING PRIOR RATES FOR SUCH SER- WHEREAS, the City of Van Buren, Arkansas (the "City owns and operates a water VICES. system and WHEREAS, the City must recover through rates charged to the customers of the system. the cost associated with the operation of the system together with the cost of certain extensions; betterments and improvements to the system which are necessary to make the system adequate to serve the needs of the City. amend its hab>ittants; and_ WHEREAS,`disting watet rates andcharges estbalished by ordinance no: 29 ?005 of the City adopted and approved December 19, 200,5 are not sufficientto meet the requirements of the system and WHEREAS, it is necessary that ordinance No. 29 -2005 be repealed in order to in- crease rates charges for the services of the system; and WHEREAS, the Van Buren Municipal Utilities Commission, after a necessary and complete review, has recommended the rate incr3ease to the City Council as being in the best interest of the City and its inhabitants; and WHEREAS, when used in this ordinance, the term "Water for Resale shall refer to water purchased by Van Buren contract water users. The contract water users of Van Buren's system are Oak Grove Water Users Association. NOW, THEREFORE, BE IT ORDAINED AND ENACTED, by the City Council of the City of Van Buren. Arkansas that: ar October e established as the rates for customers l s ofthe Van Buren Municipal Util tyu system of Van Buren. Rs• 3/4" 1 1/2" C et rr r' Siz l 3/4" 1 1/2 Minimum Monthly lv Chart'e o 57.75 515.65 $27.50 Minimum Monthly Chary& $8.95 $19.75 529.65 $65.50 5125.75 tart t r al. Mo thl ha ee 3/4" 57.85 511.85 1 1/2' 519.75 2 529.65 3 565.50 4 $175.75 5260.85 Water ts eResale Minimum Monthly Charee 2 529.65 3 565.50 4 $175.75 5260.85 The charge for customers outside the city limits shall'be one and onhalf (1 1 /21 times the rate for customers inside city limits fo The the Van Municipal Water System dtof are he City of Van Buren. Residential V. n r IM et October 1,2007 53.60 January 1.2009 53.60 $3.65 January I. 2010 Commerrial industrial Volume Charges per 1000 Gallons 53.00 53.05 53.10 PASSED AND APPROVED THIS 24 day of September. 2007. APPROVED: Mayor Robert D. Freeman Mayor Attest: Barbie Curtis City Clerk Published in the September 29. ,2007 issue of the Press Argus Courier Effective Date October 1, 2007 January 1,2009 January I. 2010 Volume Charges per 1000 Gallons Fffe i Date 52.65 October 1, 2007 52.75 January I, 2009 $2.85 January 1, 2010 Water for Resale Vr n' t'n IIJ r t Effective Date 52.30 October 1, 2007 $2.35 January), 2009 52.40 January 1.2010 The charges for customers outside the City limits shall be one and one -half (1 1/2) times the monthly ate for customers inside the City limits. Section 3. In addition to the rates and charges established by this ordinance, the Van Buren Municipal Utilities Commision, through its authorized representatives, is au- thorized and directed to cause the $0.30 per active water meter service per month charge mandated by Act 292 of 2007, to be collected and to cause the sums collected to be paid to the Arkansas State Health Department pursuant to Act 292 of 2007. Section 4. The provisions of this ordinance establish the monthly charges for water service by the City of Van Buren. All parts of ordinances which have previously es- tablished such rates and charges are hereby repealed. Section 5. Emergency Clause. It is determined that the providing of a safe and suf- ficent supply of treated water is essential to the well being of the City and its inhab- itants and that an emergency is declared to exist in that the water rates and charges contained in this Ordinance are necessary to provide adequate funds for the opera- tion. maintenance and financing of the water system of the City of Van Buren. There- fore, due to this emergency and as this Ordinance is necessary to preserve the health. safety. and welfare of the City and its inhabitants this ordinance shall be in full force and effect as of the date of its adoption and shall be implemented as of the datesset forth in this Ordinance. r 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 be placed on its second reading. The motion was seconded by Alderman Dodd. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson, Dodd and Sagely. The Mayor declared the notion 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 Johnson. 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 is 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 Johnson 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 Johnson, that the emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Aldernan 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. CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. 30 -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, CERTAIN VEHI- CLES FOR THE VAN BU- REN POLICE DEPART- MENT THROUGH THE STATE PURCHASE CONTRACT; DECLAR- ING AN EMERGENCY; AND FOR OTHER PUR- POSES. WHEREAS, the City of Van Buren is in immediate need of certain addi- tional police vehicles for the safety of life and pro- tection of property by the City of Van Buren Police Department; and THE ORDINANCE WAS GIVEN THE NUMBER 30 -2007 WHEREAS, the City of Van' Buren desires to purchase three police vehicle units, equipped as set forth in attachment "A" hereto, more specifically, there (3) 2008 Ford Crown Vic- toria, Four Door, large Po- lice Pursuit Sedans; and WHEREAS, the City is authorized 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 2008 Arkansas State Contract Award No. 5P- 07- 0035R, at an esti- mated amount of $66,393.00; 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 is hereby declared to exist; and WHEREAS, this Ordinance amends Ordinance No. 21 -2007 due to the 2007 State Contract being sup- planted by the 2008 State Contract. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION 1: The Police De- Van of an Buren, Arkansas, Ar- k is in immediate need of certain police ve- hicle units, as setforth above. SECTION 2: Said vehicles are to be purchased via the 2008 'Arkansas State Contract Award No. SP- 07- 0035R, from Lan- ders Ford for a combined total sum of $55,363.00, as setforth in attachment "A" hereto. SECTION 3: It is further found that due to immedi- ate need to acquire these 'v ehicles'ari IS declared to exist and this ordinance being neces- sary for the preservation of the public health, safety, and welfare, it shall take effect immedi- ately from and after its passage and approval. SECTION 4: me Mayor ti further authorized to en- ter into an agreement with an appropriate finan- cial institution in order fi- nance payment of these vehicles, pursuant to Amendment 78, Section 2 of the Constitution of the State of Arkansas, if nec- essary. 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- sions or part of a provi- sion herein, is declared to be unconstitutional, inap- propriate, or invalid by any court of competent jurisdiction, such holding shall not invalidate or af- fect the remainder of this Ordinance and to that ex- tent the provisions hereto are declared to be sever- IN WITNESS WHEREOF, the City oof V n C B i uurren, Ar can by rove, and a pt, by a y app adopt, y a vote of 6 for and 0 against, the forego- ing Ordinance at its meet- ing held on the 24th day of September, 2007. Robert D. Freeman, Mayor ATTESTED: BARBIE CURTIS, CITY CLERIC/TREASURER APPROVED AS TO FORM: B. Donald Jenkins, Jr., City Attorney Published in the Septem- ber 29, 2007 issue of the Press Argus Courier On the agenda next was to consider A RESOLUTION TO AUTHORIZE THE FIRE DEPARTMENT TO DISPOSE OF A FIXED ASSET FROM THE CITY OF VAN BUREN'S FIXED ASSET INVENTORY, BY SEALED BID, AUCTION OR OTHER METHOD 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 Swaim seconded by Alderman Dodd 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 TILE NUMBER 9 -2 -2007 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 9 "ca 2007 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION TO AUTHORIZE THE FIRE DEPARTMENT TO DISPOSE OF A FIXED ASSET FROM THE CIT\ OF SAN BUREN'S FIXED ASSET INVENTORY, BY SEALED BID, AUCTION OR OTHER METHOD 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, said items or item should be disposed of in accordance with state law and reproved from the City's Fixed Asset Inventory. NOW, TIIEREFORE, 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: Department ount esed tion of Inventory Control Fire Department 127,800 1995 Ford, 1250 G.P.M. Pumper FD1 -167 VIN IFDYF8OE8SVA47287 SECTION 2: Ile minimum bid for this item shall be set at $30,000.00. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of 49 for and 0 against, the foregoing Resolution at its meeting held on the 24 day of September, 2007. Barbie Curtis, City Clerk/Treasurer Robert D. Freeman, art ATTESTED: APPROVED AS TO FORM: On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION FOR FUNDING FOR THE "TRAILS FOR LIFE" GRANT OFFERED THROUGH THE ARKANSAS DEPARTMENT OF PARKS AND TOURISM, 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 Johnson moved that the Resolution be adopted. On the Clerk's calling the roll, the following voted resulted: Ayes Aldennan 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 9 -3 -2007 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. G 3 -2009 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, .ARKANSAS, A RESOLUTION TO BE ENTITLED. A RESOLUTION AUTHORIZI V G THE MAYOR TO SUBNIIT AN APPLICATION FORFUNDL'G FOR THE `TRAILS FOR LIFE" GRANT OFFERED TIJROUGH THE ARKANSAS DEPARTMENT OF PARKS AND TOURISM, AND FOR OTHER PURPOSES. WHEREAS, Act 17500f2001 establishedthe Arkansas Trails for Life Grant Program, which uses funds made available to the Arkansas Department of Health and Human Services through the Tobacco Settlement Proceeds Act; and WHEREAS, through she Trails for Life Gran±.Progrem. the Arkansas Department of Parks and Tourism and the Arkansas Department of Health and Humans Services strive to establish a foundation for creating a higher level of physical activity and better community health by providing nommatcldng incentive grants; and WHEREAS, the City of Van Buren, Arkansas recognizes the need to encourage a higher level of physical activity and hener community health, and to provide public recreation facilities for its local citizens and visitors; and WHEREAS, the City wishes to apply for Trails of Life grant funds through the Arkansas Department of Parks and Tourism to develop a Health and Fitness project; and WHEREAS, the Mayor and the City Council understand that if granted funds for park development they must provide land, by lease or ownership, to develop the facilities on; and WHEREAS, the City of Van Buren, Arkansas will sign a contract agreeing to provide the necessary resources to mainmin this park and facilities for a period of 15 years; NOW, THEREFORE, BE TT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS, THAT: SF 11: The City Council recognizes the need to encourage a higher level of physical activity and bener community health, and to provide public recreation facilities for its local citizens and visitors, and therefore wishes to participate in the Trails for Life Program. e W'TION 2: the City Council of Von Buren, Ark h rob, authorizes the Mayor to submit an application for grant funding to the Arkansas Department of Parks and Tourism to develop and improve the Lake Cap Bedelle Walking Trail. IN TESTIMONY WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt by a vote of 6 for and _e_ against the foregoing Resolution at its meeting held on the 24th day of September 2009. ATTESTED: adLe.m Barbie Curtis, City ClerkRreasurer Robert D. Free ayo APPROVED AS TO FORM: On the agenda next was to consider A RESOLUTION ACCEPTING THE BID OF HUDSON EXCAVATION, INC. FOR THE 28 STREET WIDENING PROJECT 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. THE RESOLUTION WAS GIVEN THE NUMBER 9 -4 -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 advertised and let bids for the 28th Street Widening Project; and WHEREAS, bids have been received and opened in accordance with Arkansas law and Hudson Excavation, Inc. was the lowest bidder meeting the bid specifications; and WHEREAS, the City of Van Buren has determined that the bid of Hudson Excavation, Inc. is the hest bid; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS, THAT: Section 1. That the City of Van Buren, Arkansas accepts the bid of S1,716,679.30 as submitted by Hudson Excavation, Inc. as set forth in "Exhibit 1" attached hereto; and Section 2. The Mayor, Robert Freeman and City Clerk, Barbie Curtis are hereby authorized by the City Council for the City of Van Buren to pay all expenses relating to this project and to execute all documents necessary to effectuate this resolution. IN TESTIMONY WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of for and 0 against, the foregoing Resolution at its Meeting held on the 24th day of September 2007. ATTESTED A RESOLUTION ACCEPTING THE BID OF HUDSON EXCAVATION, INC. FOR THE 28T■ STREET WIDENING PROJECT AND FOR OTHER PURPOSES. Bar ie Curtis, City Clerk/Treasurer CITY OF VAN BUREN. ARKANSAS 9 RESOLUTION NO. 4 I -2007 Robert 1. Freeman, Mayo APPROVED AS TO FORM: a s,.A nomey On the agenda next was to consider A RESOLUTION ACCEPTING THE HIGH BIDS FOR CERTAIN FIXED ASSETS AUTHORIZED TO BE SOLD AND DISPOSED OF BY SEALED BID, 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 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 9 -5 -2007 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION ACCEPTING THE HIGH BIDS FOR CERTAIN FIXED ASSETS AUTHORIZED'1'0 BE SOLD AND DISPOSED OF BY SEALED BID, AND FOR O'fHER PURPOSES. WHEREAS, The City of Van Buren has authorized the sale and disposal of certain fixed assets which am obsolete, and/or beyond repair, and/or no longer cost effective, so as to no longer be needed by the City, pursuant to Resolution No. 8 -5- 2007 and WHEREAS, the City of Van Buren, after soliciting and opening scaled bids for said assets, after advertisement of said sale, has received adequate and acceptable bids for each listed item thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS: SECTION p That the Mayor is hereby authorized to accept the high bids as set forth in "Exhibit 1" attached hereto for the following property: 1981 Jeep Scrambler ST -111 3250.00 2001 Crown Victoria ST -233 801.99 1988 Chevy Pickup ST -56 666.00 1990 GMC 2500 3/4 tun 4x4 ST -140 5 1111_00 1996 Dodge Pickup ST -119 5 588.00 2000 Dodge Quad Cab Pickup ST -182 S 1651.99 1984 Ford 2 Ton Dump Truck ST -38 5 2910.00 Fontaine Sand Spreader ST -66 100.00 Sand Spreader ST -5 170.00 Sand Spreader 5T -6 100.00 Case 480C Backhoe DR -50 4550.00 SECTION 2: The Mayor and City Clerk are hereby authorized by the City Commil for the City of Van Buren to execute all documents necessary to effectuate these sales and transfers. IN WITNESS WHEREOF, the City of Van Bitten, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of (0_ for and U against, the foregoing Resolution at its meeting held on the 24 day of September, 2007. ATTESTED. APPRO AS TO FORM: Barbie Curtis, Ciry Clerk/Treasurer CI F1' GO VAN BUREN, ARKANSAS ryry RESOLUTION NO. l 5 2007 Robert D m n N. Dorayd JFMitf,. Attorney On the agenda next was to consider A RESOLUTION TO AMEND RESOLUTION 04 -03 -2006 TO AUTHORIZE THE MAYOR TO EXECUTE AN ADDENDUM TO THE ENGINEERING CONTRACT FOR THE RENA ROAD PROJECT; APPROPRIATING ADDITIONAL FUNDS; AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. The Mayor said he is excited about this project. 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 9 -6 -2007 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION TO AMEND RESOLUTION 04 -03 -2006 TO AUTHORIZE TILE MAYOR TO EXE CUTE AN ADDENDUM TO THE ENGLNEERING CONTRACT FOR THE RENA ROAD PROJECT; APPROPRIATING ADDITIONAL FUNDS; AND FOR OTHER PURPOSES. WHEREAS, The City of Van Buren, pursuant to Resolution No. 4 -3 -2006 entered into a contract dated April 18, 2006, for Hawkins -Weir Engineer, Inc. to perform certain engineering services relative to Phase I of the Rena Road Improvement Project; and WHEREAS, the City of Van Buren, in order to provide for improved transportation for its citizens, and more cost effective construction, has expanded Phase I to include improvements to Rena Road from Highway 59 to Broken Hill Drive; and WHEREAS, additional engineering services will be necessary to facilitate the additional portions of the project that will necessitate increasing design fees by $59,000.00, and estimated engineer expenses by $10,000.00; and WI- AREAS, Attachment "B" to the original contract will need to be replaced with Exhibit "A" attached hereto. NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS: SECTION 1: The Mayor is authorizing to execute and submit Exhibit "A" hereto to Hawkins Weir, to modify the original April 18, 2006, engineering contract. SECTION 2: The Mayor and City Clerk are hereby authorized by the City Council for the City of Van Buren to expend up to 569,000.00 in additional engineering fees and expenses as setforth in Exhibit "A for the Rena Road Expansion Project Phase L SECTION 3: The Mayor and City Clerk are hereby authorized by the City Council for the City of Van Buren to execute all documents necessary to effectuate this Resolution. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of (Q for and 0 against, the foregoing Resolution at its meeting held on the 24'" day of September, 2007. ATTESTED: Barbie Curtis, City Clerk/Treasurer Robert D. Freeman, Mayo APPROVED APPROVED AS "CO O RIs4: N.dotaId ttorney Next on the agenda was a request from City Heights Elementary School requesting the use of Lee Creek Park on Saturday, October 20, 2007 from 6:00 a.m. until 10:00 a.m. They are planning a 5K Run and Walk for a fundraiser to help with expenses relating to the annual 4 grade CAMP (Children Reaching Maximum Potential). Aldennan Swaim seconded by Alderman Moore made a motion to grant the request. The Council followed with a unanimous vote. Next on the agenda was Boards and Commissions. Mayor Freeman received a letter from Van Buren Advertising and Promotion Commission to request that Debbie Foliart be reappointed to a four year term on the Commission. Aldennan Swaim seconded by Aldennan Dodd made a motion to grant the request. The Council followed with a unanimous vote. Next on the agenda was the Financial Statement. Motion was made by Alderman Swaim seconded by Alderman Parker to appropriate the sum of $1,561,324.78 to pay expenses and salaries for August 2007, presented by the City Clerk. The Council followed with a unanimous vote. 9 -04 -2007 11:48 AM 10 General Fund ASSETS ACCT# ACCOUNT NAME 1000 Petty cash 1020 Cash in Bank 1020.10 Ca56 in Bank Sales Tax City 1020.11 Weep Van Buren Beautiful 1020.13 Cash In Bank -ACT 833 1020.14 Court Automation- District 1020.17 New Police Dept, 1020.18 Cash In Rank PD Co Tax 1020.19 Cash In Bank FD Co Tax 1020.20 Cash In Bank Erosion Control 1020.27 Cash in Bank Levee 1020.31 Cash in Bank Parks 4 Bee 1020.51 Cash in Bank Cemetery 1020.91 Cash in Bank Cap Imp 1040 Investments 1040.10 Investments Sales Tax City 1040.18 Investments PD to Tax 1040.19 Investments FO Co Tax 1040.27 Investments Levee 1040.31 Investments Parks 6 Rec 1040.51 Investments Cemetery 1040.91 Investments Cap Imp 1050 Fixed Assets 1051 Accumulated Depreciation 1504 Due from Pay/011 1505 Due From Other Funds 1520 Due from Street Fund 1540 Due From Library Fund LIABILITIES AND FUND BALANCE 2000 Accounts Payable 2010 Municipal Health Ins. Payable 2030 Colonial Life Payable 2035 Credit Onion -First Resource 2040 LOPES Payable 2050 National Foundation Life Ins. 2060 AFLAC 2080 Consec0 Payable 2090 Ne'a York Life Ins. Payable 2100 Life Ins. of Georgia Payable 2130 Garnishments Payable 2135 R. Allen Trust 0502355610 2140 United way Payable 2150 Parks 0 Rec. F.O.D. 2160 Pre -Paid Legal Services 2170 F.O.P. CITY OF VAN BUREN TRIAL BALANCE AS OF: AUGUST 31ST, 2007 DEBITS CREDITS 0.00 90,629.02 0.00 0.00 18,967.27 0.00 0.00 400.00 470.08 230.16 39,709.28 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 0.00 0.00 0.00 0.00 1,923.08 0.00 0.00 0.00 0.00 0.00 24,173.00 60,540.68 650.00 YEAR To DATE DEBITS CREDITS 200.00 288,600.41 0.00 6,840.00 18,967.27 0.00 35,000.00 97,092.03 62,194.13 12,400.00 6,244.17 75,600.58 13,252.50 1,027,615.38 550,000.00 0.00 0.00 0.00 0.00 0.00 48,752.59 1,779,746.76 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 PAGE. 1 1 431 116.49.E 1,603.27+ 107,365. 18a 3,04079+ 15,611.27 2,587'78+ 12.00 250.00 Next Police, Fire, Building Inspector, District Court, and Engineer Reports were presented for filing. Next on the agenda was Miscellaneous and General Discussion. Debbie Whitlock from Area Agency on Aging spoke and asked the Council to consider making a donation. The Mayor said they will consider it. There being no further business, motion was made by Alderman Parker and seconded by Alderman Johnson to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 8:00 p.m. ATTESTED: APPROVED: r j i ch u CITY CLERK TREASURER MAN OR