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10 October 2007 RegularMINUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING OCTOBER 15, 2007 The City Council of the City of Van Buren, Arkansas met at 7:00 p.m., Monday, October 15, 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 David Needham, Deacon of First Baptist Church and Blue Cross, Blue Shield. Next, Mayor Freeman led the Pledge of Allegiance. On the agenda next, Mayor Freeman asked to adopt the minutes of the Council Meeting on September 24, 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 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 Dodd. 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 Clerk then read the Ordinance the second time. Alderman Swaim moved that the rules be further suspended and the Ordinance placed on the third and final reading. The motion was seconded by Alderman Moore. 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 Moore 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 31 -2007 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. 31 -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. 7-1963 (VAN BUREN MU- NICIPAL CODE NO 14.04.01) FOR THE PUR- POSE OF REZONING CER- TAIN PROPERTY' IN THE CITY OF VAN BUREN, AR- KANSAS, AMENDING THE ZONING MAP'OF THE CITY OF VAN BUREN, ARKAN- SAS, AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren, Arkansas, is the duly incorporated under the laws of the State of Arkansas, 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 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 October 2, 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- Lcation to the following: Property scription Part of Lot 8 of Sandstone West Section 11, Town- ship 9, Range 32 more commonly known as 1322 Sandstone Drive Van Bu- ren, Arkansas 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, by its Council, did pass, approve, and adopt, by a vote of 6 for and 0 against, foregoing Ordi- nance at its meeting held on the 15th day of Octo- ber, 2007. Robert D. Freeman, Mayor ATTESTED: Barbie Curtis, City Clerk/Treasurer APPROVED AS TO FORM: N. Donald Jenkins, Jr., City Attorney Published in the October 20, 2007 issue of the Press Argus- Courier On the agenda next was to consider AN ORDINANCE TO AMEND ORDINANCE NO. 07- 1963 TO REVISE STREET YARD REQUIREMENTS (C -2) CONIMERCIAL ZONING DISTRICTS 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 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 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) ayes. 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 Dodd to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Johnson, Docld 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 Ole Ordinance passed and signed same in open Council, duly attested by the City Clerk. CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. 32-2007 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. 07 -1963 TO REVISE STREET YARD REQUIRE- MENTS (C -2), COMMER- CIAL ZONING DISTRICTS IN THE CITY OF VAN BU- REN, ARKANSAS, AND FOR OTHER PURPOSES WHEREAS, it has been de- termined by the city coun- cil that there is an imme- diate need to revise the "street yard require- ments for the •"Thorough- fare Commercial District" to assure adequate ac- cess for fire and safety vehicles in C -2 zoned zones; and WHEREAS, notice of a Public Hearing was duly published and a Public hearing was conducted; THE ORDINANCE WAS GIVEN THE NUMBER 32 -2007 by the Van Buren Plan° ning Commission; and WHEREAS, the proposed changes herein was rec- ommended by a majority vote of the entire Plan- ning Commission; and NOW THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION 1:_Article V, Sec tion 5, Subsection 2, of Ord. No. 07 -1963 Van Bu- ren Municipal Code 04.04.01) shall be amended as follows: 2. Street Yard Require- ments a.•Front yard: Minimum of 25 -feet from all street property lines or 50 -feet from center line of exist- ing right -of -way, which- ever is greater. b. Side Yard: There shall be a 10 foot minimum set back from each property ine and at least 20 feet between adjacent build- ings. Minimum 20 feet rom_each property Line. 15 20 :feet from street property line or 325 -feet from center line of exist- ing right -of -way, which- ever is greater. (Ord. No. 06-1974) c. Rear Yard: There shall be. a 10 foot minimum set- back from each property line and at least 20 feet between adjacent build- ings. 'SECTION 2: -The passage and approval of these amendments to the Van Buren Zoning Ordinance will protect the health, safety, and /or welfare' of ffieyCity,. itst citizen!, ThereforCaan; emergehcy is declared' to exist and this Ordinance, being necessary for the preser- vation of the public peace, health and safety, shall be in full force and make effect immediately upon and after its passage. SECTION- 3: 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.provic rion 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- able. 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 15th day of October 2007. Robert D. Freeman, Mayor ATTESTED: Barbie Curtis, City Clerk/Treasurer APPROVED A5 TO FORM: N. Donald Jenkins, Jr., City Attorney Published in the October 20, 2007 issue of the Press Argus- Courier On the agenda next was to consider AN ORDINANCE TRANSFERRING TO, AND ELECTING COVERAGE FOR ELIGIBLE MEMBERS OF THE VAN BUREN POLICE DEPARTMENT UNDER, THE ARKANSAS LOCAL POLICE AND FIRE RETIREMENT SYSTEM (LOPFI); AUTHORIZING THE TRANSFER OF ASSETS FOR AFFECTED VAN BUREN POLICE OFFICERS FROM THE ARKANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM (APERS) TO LOPFI, 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 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 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 asked if there was any discussion. Alderman Johnson asked Police Chief Bell if this would cover certified officers. Chief Bell said yes. He also said that this would benefit the ones hired after 1997. City Clerk- Treasurer Barbie Curtis spoke and said it would also cover part-time officers. 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 six (6) ayes and (0) nays. Four (4) votes being necessary for passage. Motion was made by Alderman Swains and seconded by Alderman Johnson, that the emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swain, 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. 33 -2007 BE IT ENACTED BY THE CITY COUNCIL FOR THE CITY OF VAN BUREN, AR- KANSAS AN ORDINANCE TO BE ENTITLED: AN ORDINANCE TRANS- FERRING TO, AND ELECT- ING COVERAGE FOR ELIGI- BLE MEMBERS OF THE VAN BUREN POLICE AND FIRE DEPARTMENT SYS- TEM (LOPED; AUTHORIZ- ING THE TRANSFER OF AS- SETS FOR AFFECTED VAN BUREN POLICE OFFICERS FROM THE ARKANSAS PUBLIC EMPLOYEES RE- TIREMENT SYSTEM (APERS) TO LOPFI, AND FOR OTHER PURPOSES. WHEREAS, the City Van Buren has elected to transfer certain eligible members presently cov- ered under the Arkansas THE ORDINANCE WAS GIVEN THE NUMBER 33 -2007 Public Employees Retire ment System (APERS) to the Arkansas Local Police and Fire Retirement Sys- tem (LOPFI) as stated by 'Resolution 6 -6 -2007 dated June 18, 2007, and WHEREAS, the City of Van Buren wishes to transfer certain eligible present and,.. future employees who are' "Police Officers," as that term is defined un- der Act 364 of 1981, A.C.A. 624 -10 -101 et seq., from the APERS to LOPPFI; and WHEREAS, the City of Van Buren desires and wishes to authorize the transfer 'of assets for any affected officers from APERS to LOPE!, as necessary to from one ystem, to, "the other: and NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION' 1:'It oy LOPFI, the administration of the retirement program coverage for certain eligi- ble members presently covered under the Arkan- sas Public Employees Re- tirement System (APERS) shall be transferred to LOPFI PURSUANT TO THE AUTHORITY OF act 364, Acts of Arkansas, 1981, as amended, and including other acts of the State Legislature; and SECTION 2: The Mayor is hereby. authorized to en- ter into an agreement with LOPFI to administer the retirement program coverage as stated in Sec- tion 1 hereof; and SECTION 3_ APERS is hereby authorized to transfer assets for af- fected Van Buren officers from APERS to LOPFI, as necessary, and SECTION 4: Due to the need to consolidate the current APERS partici- pants with LOPFI, an emergency is hereby de- clared to exist and this or- dinance shall be in full f orce from and after the date of its passage and approval. I N WITNESS WHEREOF, t he City of Van Buren, Ar- kansas, by its City Coun- cil,idid pass, approve, and adopt, by a vote of 6 for and 0 against, the forego- ing Ordinance at its meet- ing held on the 15th day of October, 2007. Robert D. Freeman, Mayor ATTESTED: Barbie Curtis, City Clerk/Treasurer APPROVED AS TO FORM: N. Donald Jenkins, Jr.. City Attorney Published in the October 20, 2007 issue of the Press Argus- Courier On the agenda next was to consider AN ORDINANCE TO WAIVE COMPE'T'ITIVE BIDDING AND AUTHORIZE A CONTRACT FOR, AND PURCHASE OF, TEN MOBILE COMPUTING ENTERPRISE EDITION LICENSES FOR THE PUBLIC SAFETY SOFTWARE PUBLISHED BY INFORMATION TECHNOLOGIES, INC.; 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 (notion was seconded by Alderman Parker. 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 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 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 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. CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. 34 2007 BE IT ENACTED BY THE 1 CITY COUNCIL, FOR THE CITY OF VAN BUREN, AR- KANSAS AN ORDINANCE TO BE ENTITLED: AN. ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHOR- 12E. A CONTRACT FOR, AND PURCHASE OF,1 A I TEN MOBILE COMPUT7 ING ENTERPRISE EDI- TION LICENCES FOR THE r PUBLIC SAFETY SOFT BY WARE NFORMATION NOLOGIES, INC.; FOR THE APPROPRIATION OF FUNDS; DECLARING 'AN EMERGENCY; AND FOR OTHER PURPOSES. (..WHEREAS, the City of Van Buren is immediate need of certain upgrades and 11- f tenses for its mobile com- puting with the Public Safety Software from In- formation Technologies Inc., for the safety of life and protection of prop- erty by the City of Van 8u- ren Police Department; and THE ORDINANCE WAS GIVEN THE NUMBER 34 -2007 WHEREAS, The Police De- partment has been using Information Technologies. -Inc. Records Management software to draft, store. and access police reports since 1998; and WHEREAS, In January of 2007 the Council approved 'upgrading the software from the Standard Edition to the Enterprise Edition, at a cost of $21,625.00; and WHEREAS, The Police De- partment has now deter: mined that an additional ten (10) mobile computing licenses are necessary for the efficient use of the Public Safety Software at a one time cost of $16,487 and an annual support cost of $3,293.00; and WHEREAS, the software li- censes required by the Police department 4i are proprietary and it is nil- practical to ,consider other companies to pro- vide the software because of the nature of the mo- bile computing licenses needed for this software as set forth in Exhibit "A" attached hereto; and__ WHEREAS,'the City cil has determined, pursu- ant to A.C.A. 14- 58- 303(b)(2)(8) that exceptional circum- stances exist which ren- der. the competitive bid- ding process to not be practical or feasible; and WHEREAS, a state of emergency exists be- cause the licenses herein are needed immediately to provide for the safety +and welfare of the citi- zens of Van Buren. f NOW. THEREFORE, BE IT ORDAINED AND ENACTED ';BY THE,CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION 1: the City of Council in accordance with the terms of A.C.A.§ 14- 58- 303(b)(2)(B), hereby waives the requirement of competitive bidding in this particular case as such procedure is not deemed feasible or practi- cal and authorizes and di- rects the Mayor to pur- chase the above de- scribed. SECTION _2: it is further found that due to an im- mediate need to, acquire ten (10) mobile computing. 'licenses, an emergency is declared to exist and this ordinance being neces- sary for the preservation of the public health, 'safety, and welfare, shall take full effect from and after its passage and ap- proval. SECTION 3_ the Mayor is authorized to pay a one 'time payment of $16,487 for ten mobile computing licenses, and an annual support fee of $3,293.00, by the City Council for the City of Van Buren, and to execute all documents, _contracts, and agree- ments necessary to effec- tuate this Ordinance. 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 or part of a provision therein, is declared to be unconstitutional, inappro- priate, or invalid by any court of competent juris- iCiction, such holding shall not invalidate or affect the remainder of this Or- d ilinance 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- fcil, did pass, approve, and I adopt, by a vote of 6 for ;and 0 against, the forego- ing Resolution at its meet ling held on the 15th day of October, 2007. t Robert D. Freeman, Mayor ATTESTED: ;Barbie Curtis, City :Clerk/Treasurer APPROVED AS TO FORM: N. Donald Jenkins, Jr., City J Attorney 120, Published in the October 2007 issue of the Press I Argus- Courier On the agenda next was to consider A ORDINANCE AUTHORIZING THE MAYOR OF THE CITY, IN COOPERATION WITH THE UNDERWRITER AND BOND COUNSEL, TO PROCEED WITH MATTERS PRELIMINARY TO THE ISSUANCE OF THE CITY'S WATERWORKS AND SEWER REVENUE CAPITAL IMPROVEMENT BONDS, SERIES 2007; APPROVING THE PREPARATION AND DELIVERY OF A PRELIMINARY OFFICIAL STATEMENT FOR THE BONDS; AUTHORIZING THE SALE OF THE BONDS AND THE EXECUTION OF A BOND PURCHASE AGREEMENT; AND SETTING FORTH OTHER MATTERS PERTAINING TO THE ISSUANCE OF THE BONDS. 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 Swains, Parker, Moore, Johnson, Dodd and Sagely. The Mayor declared the motion canTied 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 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 Clerk then read the Ordinance the third and final time. The Mayor asked if there was discussion. C.L. Dougan spoke and said they are redesigning the treatment plant. The Mayor then put the question "Shall the Ordinance pass Motion was made by Aldernan 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 (6) ayes and (0) nays. Four (4) votes being necessary for passage. Motion was made by Aldernan Swains and seconded by Aldernan 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. ORDINANCE NO. 35 -2007 A ORDINANCE AUTHORIZ- ING THE MAYOR OF THE CITY, IN COOPERATION' WITH THE UNDERWATER AND BOND COUNSEL, TO PROCEED WITH MATTERS PRELIMINARY TO THE IS- SUANCE OF THE CITY'S WATERWORKS AND SEWER REVENUE CAPITAL IMPROVEMENT BONDS, SERIES 2007; APPROVING THE PREPARATION AND DELIVERY OF A PRELIMI- NARY OFFICIAL STATE- MENT FOR THE BONDS; AUTHORIZING THE SALE OF THE BONDS AND THE EXECUTION OF A BOND PURCHASE AGREEMENT; AND SETTING FORTH OTHER MATTERS PER- TAINING TO THE ISSU- ANCE OF THE BONDS WHEREAS, the-Van Buren City Council has deter- mined that it is In the best interest of the City of Van Buren, Arkansas (the "City") to issue revenue bonds secured by and n ues b of the City's water and sewer system (the "System for the purpose of financing capital im- provements to the System (the "Improvements and WHEREAS, in order to util- ize the proceeds of tax- exempt bonds to re- imburse original expendi- tures made by the City with respect to the Im- provements, it is neces- sary under United States Treasury Regulation 1.150 -2 that the City make a present declaration of its official intent to make such reimbursement; and WHEREAS, the City Coun- cil has determined to is- sue $10,000,000 City of Van Buren, Arkansas Wa- terworks and Sewer Reve- nue Capital Improvement Bonds, Series 2007 (the "Series -2007 Bonds for the purpose of financing the Improvements; and WHEREAS, the Van Buren Municipal Utilities Com- mission has recom- mended the issuance of the Series 2007 Bonds; WHEREAS, in order to pro- vide for the issuance and sale of the Series 2007 Bonds, the City, hereby designates Morgan Kee- gan Company, Inc. as Underwriter and Rose Law Firm, a Professional Asso- ciation, as Bond Counsel; and WHEREAS, the City has, made preliminary ar- rangements for the sale of The Series 2007 Bonds to Morgan Keegan Com- THE ORDINANCE WAS GIVEN THE NUMBER 35 -2007 pany, Inc. (the "Under- writer"), pursuant to a Bond Purchase Agree- ment, a form of which has been presented to and 5 before this meeting: and WHEREAS, the City de- sires to delegate to the Mayor the authority to ac- cept an offer from the Un- derwriter to purchase the Series 2007 Bonds; and NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Van Buren, Arkansas that: SECTION 1. Such prelimi- nary action as are deter- mined to be necessary by the Mayor of the City are hereby authorized for the marketing of the Series 2007 Bonds in order to provide a portion of the funds necessary to fi- nance the Improvements; provided, however, that at such time as the Mayor may determine to be at the best interest of the City, the final terms of the Series 2007 Bonds shall be submitted for approval by the City Council, together with the proposed form of the documents necessary for the issuance of the Se- ries 2007 Bonds, including, without limitation, the trust indenture. The issu- ance of the Series 2007 Bonds may be considered at a regular or special meeting of the City Coun- cil as the Mayor shall consider appropriate. SECTION 2. Morgan K gan and Company, Inc. is hereby designated as Un- derwriter for the Series 2007 Bonds, and Rose Law Firm, a Professional Asso- ciation, is hereby desig- nated as Bond Counsel for the Series 2007 Bonds. SECTION 3. The prepara- tion of a Preliminary Offi- cial Statement and the distribution of such Pre- liminary Official State- ment to prospective pur- chasers of the Series 2007 Bonds are hereby ap- proved. The Mayor of the City 5 hereby authorized and directed to cause the Preliminary Official State- ment to be delivered for and in the name of the City, with such provisions therein as shall be ap- proved by such officer, who is authorized to exe- cute and deliver to the Underwriter a certificate, when requested by the Underwriter, to the effect that the Preliminary Offi- cial Statement is deemed final for the purposes of Securities and Exchange Commission Rule 15c2:12. SECTION 4. The Bonds shall. be. sold pursuant to the specific terms and conditions set forth in a Bond Purchase Agree men t, 14� 007 "Bond Purchase Agreement between the City and the Underwriter for the pur- chase price of 96.65% of the Principal amount thereof—plus, accrped,:in terest't0 the.date of;pur chase'. "The' Bonds shall' mature (or be subject to mandatory sinking fund redemption) on December 1 in the years 2008 through 2027, inclusive, and shall bear interest at an average rate not to ex- ceed 4.60 The Mayor 15 hereby authorized and di- rected to execute the Bond- Purchase Agree- ment on behalf of the City in substantially the form submitted at this meeting. SECTION 5. The City hereby declares its offi- cial intent pursuant to United States Treasury Regulation g 1,150 -2 to re- imburse itself for original expenditures made in planning, designing, ac- quiring, constructing, and equipping the improve- ments between the date that 5 60 days prior to the date of this Ordinance and the date of the bonds are issued, plus a de mini mis amount and prelimi nary expenditures, with proceeds of one or more series of tax exempt bonds in principal amount not to exceed $10,000,000: SECTION 6. The City Coun- cil hereby authorizes and directs the Mayor and the other officers and em- ployees of the City to carry out or cause to be carried out all appropriate actions to execute such other certificates or docu- ments to evidence author- ity as authorized herein, and to take such other ac- tions as they, in consulta- tion with Bond Counsel, shall consider necessary or advisable in connection with this Ordinance and the Preliminary Official Statement, in order to prepare for the issuance, sale, and delivery of the .Series 2007.Bonds. SECTION 7. Emergency Clause. The City Council hereby determines that the improvements must be accomplished as soon as soon as possible in or- der to make the System adequate for the needs of the City and its inhabi- tants and to insure the continued operation of the System, that an ap- propriate way to accom- b y s the h issuance of reve- nue bonds payable from revenues of the System as authorized by the Act; and that this ordinance shall be given immediate effect so that such savings may be secured as soon as possible. Therefore; an emergency is hereby de- clared to exist and this or- dinance, being necessary for the immediate preser- vation of the public health, .safety, and wel- fare, shall be in full force and effect from and after its passage and approval. Adopted and approved October 15, 2007. By: Robert D. Freeman, Mayor ATTEST: By: Barbie Curtis, City Clerk (SEAL) Published in the October 20, 2007 issue of the Press Argus- Courier On the agenda next was to consider A RESOLUTION RECOGNIZING THE NEED FOR ASSISTANCE IN ADMINISTERING THE ACEDP GRANT. The Clerk read the Resolution in its entirety. Mayor Freeman spoke and said that there was an $80,000.00 grant on the Lafayette Drainage. Alderman Swaim seconded by Alderman Moore 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 10 -01 -2007 WHEREAS, the City of Van Buren, Arkansas has been awarded an Arkansas Community and Economic Development Program (ACEDP) Grant; and WHEREAS, the City of Van Buren, Arkansas recognizes the need for assistance in administering the ACEDP grant in compliance with the Arkansas Economic Development Commission's regulations and Federal, State, and Local laws; WI IEREAS the City of Van Buren has a long- standing relationship with the Western Arkansas Planning and Development District and feels confident that it will administer the above referenced project competently; THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Mayor to designate the Westem Arkansas Planning and Development District, Inc., as the project administrator for the ACEDP grant, subject to Arkansas Economic Development Commission's Approval, and enter into a contract for ACEDP Administrative Services with such agency for project administrative services. p� I I RESOLVED 'PHIS 15 davof F✓C�IJDe -k 2007. A T City Clerk/Treasurer CITY OF VAN BUREN- ARKANSAS RESOLUTION NO. 10- D I -,.260// Next on the agenda was a request from Mt. Olive Church requesting to have the portion of Lafayette Street blocked off from the corner of Knox and Lafayette to the end of the Senior Inn Center parking lot on Wednesday, October 31" from 5:00 p.m. to 8:30 p.m. Alderman Swaim seconded by Alderman Johnson made a motion to grant the request. The Council followed with a unanimous vote. Next on the agenda was a request from First Baptist Church requesting permission to close 1 2 `h Street between the intersections of 12 Street and East Main through 12 Street and Cherry on Wednesday, October 3I, 2007 from 5:00 p.m. to 8:00 p.m. Alderman Johnson seconded by Alderman Swaim 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 Dodd to appropriate the sum of 1,278,817.16 to pay expenses and salaries for September 2007, presented by the City Clerk. The Council followed with a unanimous vote. 10 -05 -2007 09;38 A.. 10 General Fund ASSETS CITY OF VAN BUREN TRIAL BALANCE AS 0F: SEPTEMBER 302H, 2007 ACCT% ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS 1000 Petty Case 1020 Cash In Bank 1020.10 Cash in Bank Sales Tax City 1020.11 Keep Van Baren Beautiful 1020.13 Cash In Bank -ACA 833 1020.14 Court Automation District 1020.17 New Police Dept 1020.18 Cash in Bank PD Co Tax 1020.19 Cash in Bank PO Co Tax 1020.20 Cash In Bank Erosion Control 1020.27 cash In Bask 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 Bales Tax City 1040.18 Investments PD Co Tax 1040.19 Investments FD Co Tax 1040.27 Investments Levee 1040.31 Investments Parks 6 Red 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 0.00 0.00 0.00 65,934.13 31,605.44 0.00 19,457.08 22,645.12 225.00 0.00 130.33 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 LIABILITIES AND FUND BAIN:CE 2000 Accounts Payable 0.00 2010 Municipal Health Ins. Payable 0.00 2030 Colonial Life Payable 0.00 2035 Credit Union -First Resource 0.00 2040 LOPE' Payable 0.00 2050 National Foundation Life Ins. 0.00 2060 AFIAC 0.00 2080 Ccnseco Payable 0.00 2090 New York Life Ina. Payable 0.00 2100 Life Ins. of Georgia Payable 0.00 2130 Garnishments Payable 2135 R. Allen Trust 4502355610 0.00 2140 United Ray Payable 0.00 2150 Parks 6 Hec. F.O.O. 0.00 2160 Pre -Paid Legal Services 0.00 2170 F.O.P. 0.00 84, 533.50 17,053.88 7,599.63 3.00 200.00 206, 634.72 0.00 6,840.00 84,901.40 31,605.44 35,000.00 116,549.11 84,839.25 12,625.00 6,244.17 60,682.20 13,382.83 1,020,015.75 550,000.00 0.00 0.00 0.00 0.00 0.00 48,752.59 1,787,442.61 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 ,a 8S,- 95'69+ 11617' 74+ 10), 604 '15 865.45+ 62._:00•u0- 11, 083 '0i- 10., 151•I 1a 2 ?8,81 /'16+: 15.00 250.00 Next Police, Fire, Building Inspector, District Court, and Engineer Reports were presented for filing. Next on the agenda was Miscellaneous and General Discussion. Aldennan Parker spoke saying hats off to Miss Vivian for the Volunteer Committee Award Application. Vivian said that Maryl helped her a lot. 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 7:45 p.m. ATTESTED: iacuaLut CITY CLERK TREASURER MAY S R APROVED: