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05 May 2006 Regular MINUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING HELD MAY 15, 2006 The City Council of the City of Van Buren, Arkansas met at 7:00 p.m., Monday, May 15, 2006 at City Hall. The meeting was called to order by Mayor Riggs. On roll call the following Council members answered as their names were called: Alderman Swaim, Parker, Moore, Spoon, Dodd and Sagely. City Attorney Candice Settle and City Clerk Barbie Curtis were also present. This made a total of nine (9) present. A quorum was declared. The invocation was given by Charlie Williams of Edward Jones. Next the Mayor led the Pledge of Allegiance. On the agenda next, Mayor Riggs asked to adopt the minutes of the Council Meeting on April 17, 2006. Alderman Swaim made a notion to approve the minutes. Aldennan Moore seconded the motion. On roll call the following Council members voted aye: Alderman Swaim, Parker, Moore, Spoon, 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 AN ALLEY IN THE CITY OF VAN BUREN, ARKANSAS. The Clerk read the Resolution in its entirety. Mayor Riggs asked if there was any discussion. There was none. Alderman Swaim seconded by Alderman Dodd moved that the Resolution be adopted. The question was put by Mayor Riggs on the adoption of the motion and the roll being called, the following voted aye: Alderman Swaim, Parker, Moore, Spoon, Dodd and Sagely. And the following voted nay: 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 5 -1 -2006 CITY OF VAN 131JREN, ARKANSAS RESOLUTION NO. 1 -2006 A RESOLUTION SE I I ING A PUBLIC HEARING FOR THE ABANDONMENT OF AN ALLEY IN THE CITY OF VAN BUREN, ARKANSAS. WHEREAS, Robert Chapman has petitioned the City Council of Van Buren, to vacate and abandon an alley lying between property described as follows: All of Lots 9 through 11, Block K, Mountain View Addition to the City of Van Buren, Arkansas, and Lots 13 through 15, Block K, Mountain View Addition to the City of Van Buren, Arkansas. WHEREAS, mrc Petitioner owns all the property on the north side of the alley and Gayle Y. Cooper, who owns the adjacent property on the South side, has given her written consent to the abandonment; and, WHEREAS, The City Council of Van Buren, Arkansas, acting under the authority of Arkansas Code Annotated, Section 14 -301 -301 has the authority to abandon streets and alleys. NOW, THEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: SECTION I: That a Public Bearing is set for June 19, 2006 at 7:00 P.M., at which time said Petition shall be presented to the City Council and the Council will determine at that time whether such property should be abandoned as an alley and that all abutting property owners and other persons directly interested have consented to such abandonment. SECTION 2: That the City Clerk of Van Buren, Arkansas is hereby directed to give notice by publication once a week for two weeks in some newspaper published in Crawford County advising the property owners affected that on said date and time the Council will hear said Petition. PASSED AND APPROVED THIS 1 S DAY OF MAY 2006: MAY ttJO1�IC A"P'ESTED: /`.f/ ea: CITY CLERK/TREASURER On the agenda next was to consider A RESOLUTION ACCEPTING THE BID OF T -N -T, INC. FOR THE SANDSTONE DRAINAGE IMPROVEMENTS PHASE I1. The Clerk read the Resolution in its entirety. Mayor Riggs asked if there was any discussion. There was none. Alderman Swaim seconded by Alderman Dodd moved that the Resolution be adopted. The question was put by Mayor Riggs on the adoption of the motion and the roll being called, the following voted aye: Alderman Swaim, Parker, Moore, Spoon. Dodd and Sagely. And the following voted nay: 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. TFIE RESOLUTION WAS LIVEN THE NUMBER 5 -2 -2006 CITY OF VAN 13U12EN, ARKANSAS RESOLUTION NO. 2 -2006 A RESOLUTION ACCEPTING THE BID OF T -N -T, INC. FOR THE SANDSTONE DRAINAGE IMPROVEMENTS -1'I IASE 11. \YIIF.I2EAS, The Mayor has advertised for bids for the Sandstone Drainage Improvements -Phase II; and WHEREAS, Bids have been received and opened as advertised; and WHEREAS, The Council feels that the bid of T -N -r, Inc. is the best bid. NOW, THEREFORE, I3E IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS: SECTION 1: The Bid of $121,715.00 by T -N- f, Inc. is accepted. SECTION 2: The Mayor is authorized and directed to pay for all expenses relating to the Project out of the Street Fund. PASSED AND APPROVED THIS IC DAY OF MAY, 2006. J OAN AT �TpFFSS''I'ED: C CITY CLERK/TREASURER On the agenda next was to consider A RESOLUTION AUTHORIZING APPLICATION FOR A PRESERVE AMERICA HISTORIC PRESERVATION GRANT TO CREATE A VIDEO DOCUMENTARY OF THE RESTORATION AND REHABILITATION OF THE DRENNEN /SCOTT RESERVE. The Clerk read the Resolution in its entirety. Mayor Riggs asked if there was any discussion. There was none. Alderman Swaim seconded by Alderman Parker moved that the Resolution be adopted. The question was put by Mayor Riggs on the adoption of the motion and the roll being called, the following voted aye: Alderman Swaim, Parker, Moore, Spoon, Dodd and Sagely. And the following voted nay: 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 5 -3- 2006 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 553 -2006 A RESOLUTION AUTHORIZING APPLICATION FOR A PRESERVE AMERICA IIISTORIC PRESERVATION GRANT TO CREATE A VIDEO DOCUMENTARY OF THE, RESTORATION AND REHABILITATION OP TIIE DRENNEN /SCOTT RESERVE. WIIEREAS, The City of Van Buren, as a Preserve America Community, is dedicated to the preservation of our historic assets and heritage and in sharing this heritage though education and heritage tourism; and WHEREAS, This application for Preserve America grant funds will enable the City of Van Buren to share the restoration and rehabilitation process of the Drennen/Scott Reserve with elementary, secondary and higher education students, as well as regional, national and international heritage tourists; and WHEREAS, The video documentation of the restoration process of this structure and archeological study of the grounds will serve as an invaluable teaching and promotion resource and will instill pride and encourage local participation in preserving our cultural and heritage assets. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS: SECTION 1: THAT the City of Van Buren is committed to this very important preservation project and will apply for a Preserve America grant for a video documentary of the restoration and rehabilitation process of the Drennen/Scott Reserve. SECTION 2: THAT the City of Van Buren is committed to the preservation of its heritage and the education of its citizens in the importance of Van Buren's historic assets and is willing to accept the Preserve America funding if awarded. r PASSED AND APPROVED THIS 15 DAY OF MAY, 2006. MAYOR�OHN R A ATTESTED: c l CI'T'Y CLERK/TREASURER On the agenda next was to consider an ORDINANCE AUTHORIZING THE IMPLEMENTATION OF WATER CONSERVATION MEASURES FOR THE PURPOSE OF MANAGING WATER USAGE DURING DEFINED DROUGHT CONDITIONS; PROVIDING FOR PENALTIES FOR FAILURE TO COMPLY WITH THE PROVISIONS OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Clerk read the Ordinance in part. Interrupted by Mayor Riggs, he asked if there are no objections, do we have a motion to suspend the rules and go to the second reading. Motion was made by Alderman Parker and seconded by Alderman Swaim. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Dodd, Spoon 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 react 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, Dodd, Spoon 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 Parker to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swains, Parker, Moore, Dodd, Spoon 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 Parker, that the emergency clause be adopted. The Mayor declared the motion carried by a unanimous vote of the Council. The Mayor then declared the Ordinance duly passed and signed same in open Council, duly attested by the City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 2 -2006 ORDINANCE NUMBER 2 -2006 (10) Restaurants rood" service. estaffli shmentsTmaTo nl to;the'emenc necessary, hose or wash walkways immediately adjacent to entmnce4'only and ORDINANCE NO. 2 not beyond ten (10 feet of entrances and not beyond ten (10) feet of garbage fa- AN ORDINANCE AUTHORIZING THE IMPLEMENTATION OF WATER CONSERVATION cilities or food delivery areas. Remote food serving stations for vehicles may be MEASURES FOR THE PURPOSE OF MANAGING WATER USAGE ,DURING DEFINED cleaned of spills only to the extent necessary and not beyond three (3) feet of the DROUGHT CONDITIONS; PROVIDING FOR PENALTIES FOR FAILURE TO COMPLY spill. Any such activity shall only be performed wqith a hose or other equipment WITH THE PROVISIONS OF provided with a self- activated shut -off nozzle or valve which stops the flow of wa- THIS ORDINANCE; AND DECLARING AN EMERGENCY ter immediately upon release from the user's grip. The use of any hose or equip- I 1 ment that allows the flow of water to be uncontrolled by the user at the point of BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BU- I discharge or to continue if unattended is strictly prohibited. REN, ARKANSAS that: (11) The use of potable water for any construction activity that cannot be per Section 1: I formed using non potable water if approved by the Director of Utilities, or his des It is hereby determined that in order for the City of Van Buren to insure the safety r ignated representative, and, if required by same, shall be conducted under the di- and well being of the users of water provided by the City of Van Buren, it is neces- rect supervision of an employee of the Van Buren Municipal Utilities Department. sary to manage water service demand by limiting system wide water consump- (12) The use of wateer from a fire hydrant for activities which requires potable tion through restrictions and prohibitions on the use of City water until the relief water if approved by the Director of Utilities, or his designated supervision alive, and if required by same, shall be conducted under the direct supervision of an from current drought conditions have caused sufficient volumes of water to be impounded in the City of Fort Smith's water supply reservoirs so that the City of employee of the van Buren Municipal Utilities Department. Any such use shall be Van Buren is reasonably assured that subsequent water demands may be fully I I registered through a Department owner meter issued under a permit for a specific 1 use, time period, location and the city r specified, for a maximum of use. met. A current "drought" condition is determined to exist for the purposes of this 1 (13) The fire deparatments for the city of Van Buren, and other fire departments Ordinance; the determination shall continue to exist until withdrawn by official recognized by the State of. Arkansas and State of Oklahoma, whose fire departments action of the Van Buren Municipal Utilities Commission, at which time the Van Bu- sion functions require the use of water from the City of Van Buren, may conduct ran City Council will be requested by the Van Buren Municipal Utilities commis I I training activities required under the Insurance services Organization. National sion to rescind the Ordinance. Fire Prevention Association, Arkansas Fire Academy, or other federal agency, Section 7. which require the use of water p[rovided by the City of Van Buren, if performed in Definitions: For the purpose of this Ordinance, the following terms have the mean- accordance with a written training program which has first been submitted to, ings given herein: and approved by. the Fire Chief of the City of Van Buren, or his designatyed repre- I (1) "Users of water" includes all persons and entities that use and /or purchase sentative, and the scheduling of same has been approved by the Van Buren Mu- water provided by the City of Van Buren, including contract users. I nicipal Utilities Director of utilities, or his designated representative. I (2) "Contract water users" shall include all persons and entities who purchase wa- (14) No person shall use water as provided for in Section 3 to extent that ter from the City of Van Buren for individual oB uu resale redistribution w out- lows water to flow from user's premises onto public property, such as alleys or or I side the corporate limits of the City of Van Buren, en, Arkansas. Contract water us- streets, or onto another person's property. ers include the following: inng: Oak Grove Water Association Section 4: Oa Dora Water Useers The i shall apply to all users of water from the City Van Buren, Arkansas. Sequoyah Water Users i Effectiv ctive i o mmediately from the date of the adoption of this ordinance and continu- (3) Oak Grove Water Association, Dora Water Association, and Sequoyah County I 1 ing throughout the currently declared "drought" conditions, the following uses of Water Association purchase water from Van Buren under a water purchase con water from the City of Van Buren water system are strictly prohibited: tract said contracts obligate them to enact and enforce the same wateer conser- (1) Washing of any motor vehicles, trailers, boats or aircraft, except as provided 1 for in Section 3 vation measures upon their customeers as enacted by the City of Van Buren, 1 I (4) "Possible water' is treated water supplied from the City of Van Buren water (2) Washing of sidewalks, walkways, driveways, patios, decks, parking lots, tennis distribution and storage reservoir system and delivered to City of Van Buren cus- courts, or other similar type of hard surfaced area, except as provided for in tamers. I Section 3. I (5) "Non potable water" is water from any source other than from, or provided Washing or cleaning of building exteriors or fences. by, Van Buren water system. (4) Use of potable water for any construction activities that can be performed us- ing non potable water. These uses include, but not limited to, dust control, soil Section 3: This section shall apply to all users of water from the City of Van Buren, Arkansas. compaction, street and road construction, earth moving activities, directional bor- ing, Effective immediately from the date of the adoption of this ordinance and continu- ing, and oil and gas well drilling. ing throughout the currently declared "drought" conditions, the following water (5) Use of water from a fire hydrant for any purpose other than fire suppression uses are permitted: by fire department personnel or maintenance activities reuired of utility depart- (1) At addresses ending with zero (0) or one (1), on Mondays; addresses ending 1 ment personnel for water system operation functions, except as provided for in with two (2) or three (3), on Tuesdays; addresses ending with four (4) or five (5) Section 3. on Wednesdays; addresses ending with six (6) or seven (7), on Thursdays, and ad- I (6) Filling or flushing of newly constructed or repaired water mains except as ap- proved by the director of Utilities and conducted under the direct supervision of dresses ending with eight (8) or nine (9), on Fridays. (a) Lawn watering between the hours of 5:00 AM and 10:00 AM and between the an employee of the Van Buren Municipal Utilities Department. (7) Testing of private fire protection systems. hours of 7:00 PM and 12:00 Midnight; j (b) Filling, or refiling, of existing swimming pools and fountains for maintaining p (8) Replenishing or supplementing lakes or ponds. operating level; and, Section 5: (c) Washing of a vehicle on display at licensed dealerships and sales lots of estab- 'The City shall have the authority to: fished commercial business locations. Any such activity shall only be performed I (J) Install flow restriction devices on those points of service to contract water with a hose or other equipment provided with a self- activate shut -off nozzle or useers who is determined to be using water in violation of this Ordinance. value which steps the flow of water immediately upon release from the user's (2) Install flow restriction devices to curtail water service, terminate water serv- grip. The use of any hose or equipment that allows the flow of water to be uncon- ice, to any user who is determined to be using water in violation of this Ordinance. (3) To remove water meters designated for irrigation accounts which shows water trolled by the user at the popint of discharge or to continue if unattended is usage in violation of this ordinance. strictly prohibited. (2) Watering of shrubs, plants, trees and gardens on any day by hand held hose or Installation of flow restriction devices shall require approval of Van Buren Mu- efficient irrigation system between the hours of 5:00 AM and 10:00 AM and be- nicipal Utilities Commission. tween the hours of 7:00 PM and midnight is permitted only to the minimum Any person amounts necessary to sustain plant life. Any person convicted of performing any act prohibited by or in violation of this (3) Watering of golf course greens and tee boxes, commercial nurseery and Ordinance, or any person who tampers with or disables any meter used to regis- greenhouse irrigation is permitted only to the extent necessary to preserve turf ter the water usages of any user of wateer from the City of Van Buren, Arkansas, shall be deemed guilty of a Class B m isdemeanor and be fined in accordance with I and other plant life and at such times during the day to minimize water loss due to evaporation. the following schedule: (4) Watering of municipal, school, sport or athletic playing or practice fields on First Violation not less than $50.00 00r more than $200.00 Mondays, Wednesdays, and Fridays between the hours of 5:00 AM and 10:00 AM Second Violation not less than $250.000 nor more than $500.00 Third and Each Subsequent Violation $500.00 and /or termination of service and between the hours of 7:00 PM and 12:00 Midnight and permitted only to the minimum amounts necessary to ustain plant life. Section 7: (5) Daily water ofsod or seed for new lawn or lawnscape areas between the hours This section shall apply to all users of water from the City of Van Buren. Whenever an emergency exists as determined of n5:00 AM and 10:00 AM and between the hours of 7:00 PM and 12:00 Midnight t by reason the Van Buren Municipal Utilities Commis son of a shortage of water, limited distribu- for a time period no longer than fourteen (14) calendar days or until its first cut- sion, or their designated agent, by rea ting, whichever is the sooner. A permit for any watering of new lawn or landscape tion facilities or any other circumstance which make it necessary to immediately area must firstbe obtained from the Van Buren Municipal Utilities Department by conserve water, there is hereeby delegated to the Van Buren Municipal Utilities commission or their designated agent, the authority to implement conservation the user of water and prominently displayed and maintained at that location at a place where it is readily visible from the street before the first watering occurs. measures additional to the provisions of this Ordinance which are determined to (6) Initial filling of newly constructed, or renovated, swimming pools. Upon be necessary to maintain potable water for essential public health and safety functions. These emergency measures shall remain in effect until the next regu- achieving initial fill, swimming pool operation shall be subject to 1 (b) above. larly scheduled meeting, or special meeting, of the Van Buren Municipaol utilities (7) Operation of existing established commercial car washes. (8) Washing of a vehicle b y licensed dealerships and sales lots for the vehicle's Commission at which time the Commission shall decide whether it is necessary to initial preparation for sale, uon its receipt for sale by licensed auto body repair fa- continue said measures. I cilities, upon completion of vehicle body repairs or painting, and by licensed auto I If an y n 8; I motive detail shops may be performed on any day if performed inside a building f any section, sub section, sentence, clause or phase of this ordinance or any ap- work by aat an establish commercial business location. Any such activity shall plication hereof is for any reason held illegal, invalid unconstitutional by the only be performed with a hose or other equipment provided with a self- activated decision of any court of competent jurisdiction, such decec ision shall not affect the shall only be performed with a hose or other equipment provided with a self -acti- validity of of the remaining parts hereof. I vated shut -off nozzle or valve which stops the flow of water immediately upon re- Section 9: lease from the user's grip. The use of any hose or equipment that allows the flow Emergency Clause. It is hereby found and determined by the Van Buren City Coun- of water to be uncontrolled b y the user at the point of discharge or to continue if cif that an emergency exists in the City of Van Buren, Arkansas, requiring the effi- cient management of water. this ordinance being necessary for the immediate unattended is strictly prohibited. (9). Food processing by food service establishments may use water only to the ex- I preservation of the public health, safety and welfare shall be immediately effec- tent necessary to maintain and preserve the public health, and in compliance with 1 five as of the date of its adoption t any state or federal regulations. i PASSED AND APPROVED this 15th day of May 2006. APPROVED: JOHN RIGGS MAYOR ATTEST: BARBIE CURTIS City Clerk Published in the May 17, 2006 issue of the Press Argus- Courier On the agenda next was to consider an ORDINANCE PROVIDING FOR THE LEVY OF A ONE HALF OF ONE PERCENT (0.5 SALES AND USE TAX WITHIN THE CITY OF VAN BUREN, ARKANSAS FOR A PERIOD OF SIXTEEN (16) NIONTHS FOR THE PURPOSE OF FINANCING THE COSTS OF LIBRARY FACILITIES; PRESCRIBING OTHER MATTERS PERTAINING THERETO. The Clerk read the Ordinance in part. Interrupted by Mayor Riggs, he asked if there arc no objections, do w e have a motion to suspend the rules and go to the second reading. Motion was made by Alderman Swaim and seconded by Alderman Parker. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Dodd, Spoon 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 Parker. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim. Parker. Moore. Dodd. Spoon 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, Dodd, Spoon 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 Mayor then declared the Ordinance duly passed and signed same in open Council, duly attested by the City Clerk. THE ORDINANCE WAS GIVEN TIIE NUMBER 3 -2006 ORDINANCE NO. 3 tax in the amount of will produce revenues and AN ORDINANCE PROVID- one eighth of one percent su along with INO FOR THE LEVY OF A (0.125 one -fourth of s, 'other available revenue ONE -HALF OF ONE PER- one percent (0/2596), o finance the Library es, CENT (0.5 SALES AN one -half of one percent cilities without resorting Section 3. The effective AND USE TAX WITHIN THE (0.5 three fourths of to another bond issue; date of the Sales and Use CITY OF VAN BUREN, AR- one percent (0.75 or and Tax will be the day follow- t KANSAS FORA PERIOD OF one percent (196) to fi- WHEREAS, the one -half of ing the date of the 2005 SIXTEEN (16) MONTHS nance capital improve- one percent (0.596)- sales Tax expires. The Sales FOR THE PURPOSE OF Fl- menu of a public nature and Use Tax shall be lev: and use tax levied hereby G THE COSTS OF fora period of no longer ied only for a period of will not take effect until LIBRARY FACILITIES; PRE- than twenty -four l the 2005 Tax i5 termi- sixteen (16) months. At SCRIBING OTHER MAT- months,' without resorting Hated; the end of the sixteen TERS PERTAINING to a bond issue; and NOW, THEREFORE, BE IT month period, the levy of THERETO. WHEREAS, the 2005 Tax ORDAINED by the City the Sales and Use Tax WHEREAS, the City Coun- will expire when there e are Council of the City of Van shall terminate without cil of the City of Van Bu- sufficient funds to pay the any further action on the Buren, Arkansas: rem, Arkansas (the "City") principal of and interest Section 1. Under the I part of the City or its resi- has determined that there on the Series 2005 Bonds is a great need for the when due; and authority of the i Sects. cost of library facilities, WHEREAS, the City pro- ing Legislation, there is Section 4. The Sales and there including particularly, poses to levy a one-half of hereby levied a one -half Use Tax will be levied and mitation, acquir- one percent (0.5 sales of one percent (0.5 tax without li collected on the gross re- on the gross receipts from ing, constructing, equip- and use tax for the pur- ceipts, gross proceeds or ping and furnishing li- pose of financing the Fa- the sales at' retail within sales price for each single brary facilities, and any cilities, in lieu of the City's the City of all items which transaction in the maxi necessary land acquisi- authority to levy a are subject to the Arkan- mum amount allowed tion and parking, street, one -half of one percent sas Gross Receipts Act of from time to time by Ar- 'drainage and utility im- (0.5 sales and use tax 1941, as amended (A.C.A kansas law. provements related under A.C.A 14 -164 -327 26- 52-101, et seq.), and Section 5. All ordinances 'thereto or in support (Repl. 1998) solely for the the imposition of an ex- .and parts thereof in con !thereof (collectively, "Li- purpose of retiring bonds; cise (or use) tax on the �flict herewith are hereby brary Facilities and and storage, use, distribution repealed to the extent of WHEREAS, the City has WHEREAS, the Library Fa- of other consumption sucn conflict. outstanding its Sales and cilities constitute capital within the City of tangible Section 6. This Ordinance Use Tax Bonds, Series improvements of a public personal property subject shall not take effect until an election is held on the 2005 (the "Series 2005 nature as defined in A.C.A to the Arkansas Compen- que of levying the Bonds ");and 14 -164 -303 (a) (2) (Reel. sating Tax Act of 1949, as 1 WHEREAS, the Series 2005 1998); and amended (A.C.A Sales and sae Use malority fax at WHEREAS, all or a portion 26 -53 -101, et seq.), at a which f Bonds were issued to fi- of the Library Facilities to rate of one -half of one electors proved voting on the nance all or a portion of be financed with collet- percent (0.596) of the sale a the cost of Library Facili- tions from the one-half of price of the property or, in the levy oof the the ties, and are secured by one percent (0.5 levied the case of leases or rent- Sales question and Use shall Taxh. ave p- and payable from collet- hereby will include the Li- als, of the lease or rental PASSED: May 15, 2006 n tions of a one -half of one brary Facilities being fi- price (collectively, the APPROVED: John Riggs, I 1 percent (0.596) local sales nanced by the Series 2005 "Sales and Use Tax Mayor and use tax within the Bonds and the collections Section 2. The Sales and ATTEST: Barbie Curtis, 'City levied pursuant to Or- of the tax will supplement Use Tax shall be levied, City Clerk. I dinance No. 20 -2005 of the the funds raised from the and the net collections re- Published in the May 17, City adopted August 15, sale of the Series 2005 ceived after the State of 2006 issue of the Press Ar- 2005 (the "2005 Tax and Bonds; and Arkansas deducts it's ad- gus- Courier. WHEREAS, A.C.A WHEREAS, the City Coun- ministrative charges shall 14 -164 -327 and 338 (Repl. cil has determined that be used solely, for the 1998) (collectively, the the one -half of one per- purpose of acquiring, con "Authorizing Legisla- cent (0.596) city-wide structing, equipping tion provide for the levy sales and use tax levied and /or furnishing Library of .a local sales_and_ use -for sixteen (16) months Facilities. On the agenda next was to consider an ORDINANCE CALLING A SPECIAL ELECTION IN VAN BUREN, ARKANSAS ON THE QUESTION OF LEVYING A CITY -WIDE ONE -HALF OF' ONE PERCENT (0.5 SALES AND USE TAX FOR THE PURPOSE OF FINANCING THE COSTS OF LIBRARY FACILITIES; DEFINING THE TERM "SINGLE TRANSACTION"; AND PRESCRIBING OTHER MATTERS PERTAINING THERETO. The Clerk read the Ordinance in part. Interrupted by Mayor Riggs, he asked if there are no objections, do we have a motion to suspend the rules and go to the second reading. Motion was made by Aldennan Swaim and seconded by Alderman Parker. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Dodd, Spoon 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 Parker. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Dodd, Spoon 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. The Mayor said he had a short explanation about the cost of the building. He said in the beginning they were going to put a 10,000 square foot building somewhere in town and keep the Library that they have now, open. Mayor Riggs said when the property became available at Hays food they decided the best thing to do was make one Library for the City. He said they had the property donated by Ed and Shirley Yeager. He said they had to demo the property and there was a couple of other costs they didn't see. Since they had voted in the tax, disaster Hurricane Katrina hit New Orleans causing the price of materials to go up. Mayor Riggs said they were estimating their cost would have been a little over a $100 a square foot and now it was anywhere from $145 to $175 per square foot. He said they could build a 10,000 square foot facility right now, but they want to do it right and need extra revenue to do it right for our kids. He said they are looking at a 15,000 square foot turnkey facility. Mayor Riggs said they were asking the voters to extend the extra tax percent for sixteen (16) months. 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, Dodd, Spoon 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 duly passed and signed same in open Council, duly attested by the City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 4 -2006 ORDINANCE NUMBER 4 -2006 ORDINANCE 4 AN ORDINANCE CALLING Buren for pe riod of six A SPECIAL ELECTION IN teen (16) months for -the VAN BUREN, ARKANSAS purpose of financing the ON THE QUESTION OF cost of library facilities„ LEVYING A CITY -WIDE including particularly, ONE -HALF OF ONE PER- without limitation, acquir- CENT (0.5 SALES AND ing, constructing, equip -1 USE TAX FOR THE PUR- ping and furnishing 11- necessary election oft- daily, weekly, monthly or POSE OF FINANCING THE brary facilities, and any vials and supplies may be annually, shall be corn- C 1 COSTS OF LIBRARY FA- necessary land acquisi provided. A certified copy puted in daily increments, j CILITIES; DEFINING THE tion and parking, street; of this Ordinance and the and each such daily TERM "SINGLE C- drainage and utility im- Tax Ordinance shall also charge increment shall be TION AND PRESCRIBING provements relating be provided to the Com- considered to be a single OTHER MATTERS PER thereto or in support missioner of Revenues of transaction for the pur TAINING THERETO. thereof the State of Arkansas as pose of the Sales and Use WHEREAS, the City oun- AGAINST adoption of a Tax. Y soon as practical. cil of the City of Van Bu- one -half of one percent ,Section 6. The Mayor and c. For sales of building ren, Arkansas (the "City") (0.5 local sales and use' City Clerk, for and on be- materials and supplies to has passed on May 15, tax within the City of Van half of the City, be and contractors, builders or 2006, Ordinance No. 3 (the Buren for a period-of six they are hereby author- other persons, a single "Tax Ordinance provid- teen (16) months for the ized and directed to do transaction for the pur- for the levy of a purpose of financing the any and all things neces- pose of the Sales and Use one -half of one percent cost of library facilities, sary to call and hold the Tax, shall be deemed to (0.5%) sales and use tax including particularly, ,special election as herein be any single sale which within the City for a pe- without limitation, acquir- provided and, if the levy is reflected on a single in rind of sixteen (16) ing, constructing, equip- of the Sales and Use Tax! voice, receipt or state months (the "Sales and ping and furnishing li is ment, on which an aggre- s approvey Use Tax") for the purpose brary facilities, and any d by the elec gate sales (or use) tax fig -I p necessary land acquisi tors, to cause the Sales; ure has been reported and' of financing the cost di li- and Use Tax pto erform all, remitted to the State of be col- 1 brary facilities, including tion and parking, street lected, and to perorm a articular) without limi- drainage and utility im Arkansas. particularly, acts of whatever nature tattoo, acquiring, con provements relating d. When two or more strutting, equipping and, thereto or in support necessary to carry out the. authority 'conferred by' items of major household t furnishing library forth- thereof this Ordinance. appliances, commercial ties, and any necessary If the tax is approved, the Section 7. The Sales and appliances, major equip- .1 land acquisition and park -I net collections of the tax Use Tax shall be levied ment and machinery are ing, street drainage and! after deduction of the ad- and collected on the gross sold each individual unit ministrative charges of shall be treated as a sin utility improvements re receipts, gross proceeds 0 the State of Arkansas, will' gle transaction for the' eating thereto of in sup- the gle sales price for each the s e be used solely for the pur purpose of the Sales and "Library port thereof (collectively,) 1 gee transaction, in the y Facilities and poses set forth above. The, Use Tax. I maximum amount al 'I effective date of the tax e. For groceries, drug) i WHEREAS, the Sales and; will be the day following lowed from time to time items, dry goods and Use Tax is to be levied, y by Arkansas law. Single 5 the date that the City's other tangible personal receipts, gross proceeds and collected on the gross transaction" is defined ac- f proceeds, existing one -half of one property and /or services i p percent (0.5 sales and cording to the nature of not otherwise expressly 1 or sales price for each sin- P the goods purchased as r p y maximum transaction in the use tax levied in for follows: covered in this• Section 7, maximum m amount al the sole purpose of of r setts- a single transaction tion shall 1 ex a. When two or more de be deemed to be any sin- lowed from time to time ing bonds expires. Section 3. The election vices in which, upon y by Arkansas law; and which or by which any gle sale which is reflected, WHEREAS, the purpose of shall be held and con- person or property is, or. on a single invoice, re- this Ordinance is to calla ducted and the vote can- may be, transported or ceipt or statement, on special election on the vassed and the results de- drawn, including but not which an aggregate sales 1 question of the,levy of the closed under the law and limited to, on -road vehi- tax figure has been re Sales and Use Tax and to in the manner now pro- define the term "single cles, licensed or not, whether required to ported and remitted to farm vided for municipal elec- se. the State of Arkansas. lions unless otherwise Section 8. In the event they transaction"; vehicles, off -road vehi- NOW, THEREFORE, BE IT provided in Title Chap- General Assembly shall ORDAINED tees, airplanes, water v ORDAINED by the City ter 164, Subchapter 3 sees, motor vehicles, or. define "single transac- t Council of the City of Van' the Arkansb Code to or as Code of 1967 87 non motorized, vehicles,.. tion,' the General Assem- Buren,Arkansas: Annotated and only quoit- and mobile homes, are bly's definition shall re -1 Section 1. There be, and fied voters of the City sold to a person by a place the one in Section 7 there is hereby called, a. shall have the right to seller, each individual hereof. special election to be held vote at the election. unit, whether part of a, Section 9. All ordinances "fleet on July 11, 2006, at which Section 4. The results of sale or not, shall' and parts thereof in con r election there shall b�' the election shag be pro- be treated as a single, flirt herewith are hereby. submitted to the electors, claimed by the Mayor, transaction for the pur- repealed to the extent of, the levy of the 'Sales and' Tax. of the City the uestion of, and the Proclamation such conflict. Q shall be published one pose of the Sales and Usei PASSED: May 15, 2006 1 Use Tax to acquire, con- time in a newspaper pub- b. The charges for any APPROVED: John Riggs, Library equip, and furnish 1 fished in the City and hay- Mayor utility services, which are Library Facilities. ing a general circulation ATTEST: Barbie Curtis, subject to the Sales and Section The question therein, which Pr Use Tax, and which are City Clerk levying the and g the Sales and Use: lion ion shall advise that hat the the furnished on a continuous Published in the May 17, Tax shall be placed on the results as proclaimed service basis, whether 2006 issue of the Press Ar shall be conclusive unless Courier. ballot for the election in' attacked in the courts such- services are paid gus-Courier. substantially the follow- ing form: I within thirty days after 0.5% SALES AND USE TAX the date of publication. FOR LIBRARY FACILITIES Section 5. A copy of this FOR adoption of a Ordinance shall be given one -half of one percent' to the Crawford County (0.5 local sales and use, Board of. Election Com- tax within,the City of Van. missioners so that the Next on the agenda was time for Boards and Commissions. The Van Buren Housing Authority requested the appointment of Linda Walker to serve on the Board of Commissioners for a term of five (5) years beginning May 17, 2006 and ending May 17, 2011. Alderman Swaim seconded by Alderman Sagely made a motion to grant their request. The council followed with a unanimous vote. Next on the agenda was the Financial Statement. Motion was made by Alderman Moore and seconded by Alderman Swaim to appropriate the sum of $909,183.22 to pay expenses and salaries for April 2006, presented by the City Clerk- Treasurer. The Council followed with a unanimous vote. 5-08-3006 08:30 AN C I T Y O F v A N B V R E N PAGE: 1 TRIAL BALANCE AS OF: APRIL 30TH, 2006 10 General Fund MONTH TO DATE TPAA TO DATE ACCrp ACCOUNT NAME DEBITS CREDITS DEBITS CREOISS ASSETS 0 A 1000 Petty Cash 0.00 200.00: 7 4 3 3 8 6 9 7+ 1020 Cash in Bank 1,636.43 209,279.18 1020.10 Cash in Bank Sales Tax City 0.00 0.00 1 57 5 6 5 1020. 17 Nev Police Dept 0.00 35,000.00 9 9 4 2 4 1 3 .1020.19 Cash in Bank PD Co Tax 14,240.43 133,305.63 27,197.92+ 1020.19 Cash in Bank FD Co Tax 15,447,57 101,762.06 24,298-87+ 1020.20 Cash In Bank Erosion Control 550.00 5,850.00 1 0 2 0 2 7 m Bank Levee 0.00 3,394.17 7 15 3 •8 2 1020.31 Cash in Bank Parks Rec 298.35 15,300.04 rF 1 4 3 S 0 1020.51 Cash in Bank Cemetery 72.23 8,945.71 2 0 0 2 6 1020.91 Cash in Bank Cap Imp 102, 432.37 920,021.41 0 08 1040 Investments 0.00 0.00 1040.10 Investments sales Tax City 0.00 0.00 9 0 9 1 8 2 2 10+0.1e Investments PO co Tax 0.00 D.oO' 1040.19 Investments FB Co Tax 0.00 O.00 0.00 0.00 1040.27 Investments Levee 1040.31 Investmen[c Parks 6 Rec 0.00 0.00 1040:51 Investments Cemetery 3.96 48,588.93 1040.91 Investments Cap Imp 2,482.07 ]]0,241.04 1040.92 Capital Improvement CD 0.00 0.00 1050 Fixed Assets 0.00 0.00 1051 Accumulated Depreciation 0.00 0.00 1504 Due from Payroll 0.00 0.00 1505 Due From Other Funds 0.00 0.00 1520 Due from Street Fund 0.00 0.25 1540 Due Fran Library Fund 0.00 0.00 LIABILITIES AND FUND BALANCE 2000 Accounts Payable 0.00 0.00 2010 Municipal Health Ins. Payable 0.00 0.00 2030 Colonial Life Payable 0.00 0.00 2035 Credit Union-First Resource 0.00 0.00 2040 WPFI Payable 0.00 0.00 3s.28 2050 National Foundation Life Ins. 0.00 2000 ConsecO Payable 0.00 O.OD 2090 Nev York Life Ins. Payable 0.00 0.00 2100 Life Ins. of Georgia Payable 0.00 0.00 2130 Garnishments Payable 1,210.33 1,270.31 2135 R. Allen Trust 6502355610 0.00 0.00 2140 United Nay Payable 0.00 0.00 2150 parks 6 Rec. F.O.O. 0.00 250.00 2160 Pre -Paid Legal Services 0.00 0.00 21]0 F.O.P. 0.00 0.00 23I5 Van Buren Fire Fighters Union 575.39 515.39 0.00 2176 Van Buren Firemen Contribution 0.00 2177 Police Officers Union 330.00 330.00 i Next Police, Fire, Building Inspector, District Court and Engineer Reports were presented for tiling. Next was time for miscellaneous and general discussion. Mayor Riggs said they had received another offer from Attorney Kevin Holmes for Mr. Cormack. He said they had offered to take a decrease of $2,000 making the settlement total $20,000. Mayor Riggs asked if the Council wanted to accept or reject the offer. Alderman Swaim made a motion to reject the $20,000 settlement offer and make a counter offer as a full and final offer of $3,000. Alderman Parker seconded the motion. On the Clerk's calling of the roll the following voted aye: Alderman Swaim, Parker, Dodd, Spoon and Sagely. The following voted nay: Alderman Moore. Mayor Riggs said the motion carried five (5) to one (1). Next City Engineer Brad Baldwin said he and City Attorney Candice Settle had met several tines with a number of different folks in the Cloverleaf area, particularly representatives from Citizens Bank and J.R. Young. Mr. Baldwin said they had phone conferences with representatives from the new business that is coming to town as well as representatives for Cloverleaf. He said it had probably reached a point that they arc going to have to finalize what the City is willing to do and make a firm commitment. He said it is his understanding the new business was ready to sign a lease with Cloverleaf, but the lease includes assurances and they are not quite ready to sign until the city firms up what they are willing to do. Mr. Baldwin said the City had committed up to $250,000 and the new business needed that in the form of parking. He said the new company needs parking for five hundred (500) and that means the City would commit to construct two hundred fifty (250) to three hundred (300) new parking places on land that would be given as an easement to the city. He said essentially the city would build a public parking lot in the area of Cloverleaf and in exchange the city would have to receive something of value. He said what the city was proposing as value was the right -of- way for the extension of Alma Blvd. Mr. Baldwin said those alignments were laid out on an arial photomap, when with the Council's approval they will get those turned into legal descriptions so they can move ahead with the final documents. He said in addition there was another item, which was a request by J.R. Young and Citizens Bank to close a right -of -way that essentially runs between the two (2) of them and right through the middle of the rear parking lot of Citizens Bank and the access to their drive- through. He said they had been working on the alignment to minimize the pain to those property owners and he said they think they pretty well have an agreement worked out on that. Mr. Baldwin said what they would have to do is finalize the right -of -away descriptions that Cloverleaf needs to give to the city and a sliver off the back of J. R. Young's property to provide for a proper radius of the street through there. He said they would have to swap an easement to cover the utilities that are currently in the right -of -way in exchange for closing the right -of -way. Alderman Swaim said at the last Council meeting that Attorney Paul Gant indicated they would be back in June and he expected they would be back in June. City Attorney Candice Settle said that was the time scheduled. Mr. Baldwin said he wasn't sure if they wanted to take any action now. Attorney Settle said they did not need to take any action at this meeting. Alderman Parker seconded by Alderman Swains made a motion adjourn. The Council followed with a unanimous vote. The meeting adjourned at 7:40p.m. ATTESTED: APPROVED: AIL CITY CLERK TREASURER MAYOR