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06 June 2006 Special MINUTES OF THE VAN BUREN, ARKANSAS SPECIAL CITY COUNCIL MEETING HELD JUNE 8, 2006 A special called meeting of the City Council of the City of Van Buren, Arkansas met at 6:00 p.m., on Thursday, June 8, 2006 at City Hall. The meeting was called to order by Mayor John Riggs, presiding officer. The Mayor thanked everyone for coming on short notice. Council members present were Alderman Swaim, Moore, Dodd and Sagely. City Clerk Barbie Curtis and City Attorney Candice Settle were also present. This made a total of six (6) present. A quorum was declared. The Mayor ordered spread upon the minutes, the "NOTICE OF SPECIAL MEETING, CERTIFICATE OF SERVICE OF NOTICE AND THE WAIVER OF REGULAR NOTICE OF AND CONSENT TO SPECIAL MEETING." NOTICE OF SPECIAL MEETING NOTICE OF SPECIAL MEETING TO THE CITY COUNCILMEN OF THE CITY OF VAN BURIN, ARKANSAS Notice is hereby given that a Special Meeting of the City Council of the City of Van Buren, Arkansas, will be held at the Municipal Complex at 6:00 P.M. on Thursday, June 8, 2006, for the following purpose: To Consider a Resolution Approving an Agreement with Cloverleaf Plaza, LLC and Authorizing the Mayor to Execute the Agreement. JOHN RIG p_a OR CERTIFICATE OF SERVICE OF NOTICE I, Barbie Curtis, the duly appointed City Clerk- Treasurer of the City of Van Buren, DO HEREBY CERTIFY that on the 8th day of June, 2006, I served a true copy of the foregoing Notice of Special Meeting to each and every Councilman of the City of Van Buren, Arkansas, by handing a copy to each,in the manner provided in �the /f By� -Laws. in BARBIE CURTIS, CITY CLERK TREASURER WAIVER OF REGULAR NOTICE OF AND CONSENT TO SPECIAL MEETING We, the undersigned City Councilmen of the City of Van Buren, Arkansas, do hereby accept service of the NOTICE OF SPECIAL MEETING, waiving any and all irregularities in such Service and in such Notice and Consent agree that the said City Councilmen of the City of Van Buren, Arkansas, shall meet at the time and place named in such Notice and for the purpose stated therein. et S `c NOTICE OF SPECIAL MEETING NOTICE OF SPECIAL MEETING TO THE CITY COUNCILMEN OF THE CITY OF VAN BUREN, ARKANSAS Notice is hereby given that a Special. Meeting of the City Council of the City of Van Buren, Arkansas, will be held at the Municipal Complex at 6:00 P.M. on Thursday, June 8, 2006, for the following purpose: To Consider a Resolution Approving an Agreement with Cloverleaf Plaza, LLC and Authorizing the Mayor to Execute the Agreement. JOHN RIG MAYOR CERTIFICATE OF SERVICE OF NOTICE I, Barbie Curtis, the duly appointed City Clerk- Treasurer of the City of Van Buren, DO HEREBY CERTIFY that on the 8th day of June, 2006, I served a true copy of the foregoing Notice of Special Meeting to each and every Councilman of the City of Van Buren, Arkansas, by handing a copy to each,in the manner provided in the By- Laws. a fr BARBIE CURTIS, CITY CLERK TREASURER WAIVER OF REGULAR NOTICE OF AND CONSENT TO SPECIAL MEETING We, the undersigned City Councilmen of the City of Van Buren, Arkansas, do hereby accept service of the NOTICE OF SPECIAL MEETING, waiving any and all irregularities in such Service and in such Notice and Consent agree that the said City Councilmen of the City of Van Buren, Arkansas, shall meet at the time and place named in such Notice and for the purpose stated therein. „ew Aisit 1 ��.g P c ita On the agenda was to consider a RESOLUTION APPROVING AN AGREEMENT WITH CLOVERLEAF PLAZA, LLC. The City Attorney advised the Mayor of her concerns about the agreement which Cloverleaf Plaza, LLC had proposed to the City. The Mayor asked her to please go over her concerns so that all City Council Members could ask questions and understand all the necessary changes that needed to be made in order for the agreement to be legal use of city funds for the project. After considerable discussion of the Agreement and the Deed of Easement, the council felt comtortable to go with the changes made by City Attorney Candice Settle, Rusty Myers, and City Engineer, Brad Baldwin. There being no other questions, the Mayor asked that the City Clerk read the Resolution. The Clerk read the Resolution in its entirety. The Mayor asked if there was any discussion. There was none. Alderman Swaim seconded by Alderman Sagely 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, Moore, 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 6 -1 -2006 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. /p 1 -2006 A RESOLUTION APPROVING AN AGREEMENT WITH CLOVERLEAF PLAZA, 1.1 C. \\'IIEREAS, That the City of Van Buren has been in negotiations with Cloverleaf Plaza, LLC regarding the expenditure of funds pursuant to Resolution No. 1 -6 -2006, which stated the City's commitment to expend up to $250,000.00 in the area of Cloverleaf Plaza for infrastructure improvements to support the location of a new business in the former Warman building; and WHEREAS, The City of Van Buren and Cloverleaf Plaza, LLC have determined that the best use of the committed funds will be for the construction, reconstruction and renovation of a public parking lot adjacent to the former Walmart building; and WI IEREAS, The property upon which the public parking lot will be constructed is currently owned in fee by Cloverleaf Plaza, LLC and in order to implement the proposed project, Cloverleaf Plaza, LLC must transfer an easement on the property to the City; and WI IEREAS, In order to effectuate the granting of an easement and construction of the improvements, the City of Van Buren and Cloverleaf Plaza, LI.0 have proposed a written agreement and Decd of Easement stating the responsibilities and obligations of each party. NOW, THEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF TIIE CITY OF VAN BURIN, ARKANSAS: SECTION I: That the City Council approves the proposed agreement between the parties and hereby authorizes and directs the Mayor to execute said agreement. The City Council further approves the form of the proposed Deed of Easement. 6-I1— PASSED AND APPROVED TIIIS 0 DAY OF JUNE, 006. MAYOR J 5 2 IN RICE A'F'ESTI:D: CITY CLERIQTREASURER There being no further business, motion was made by Alderman Swaim and seconded by Alderman Moore to adjourn. The Council members followed with a unanimous vote. The meeting adjourned at 6:50 p.m. APPROVED: ATTESTED: MAYOR ba al CITY CLERK TREASURER