CALLED MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF TEXARKANA, ARKANSAS MARCH 20, 2013

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1 CALLED MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF TEXARKANA, ARKANSAS MARCH 20, 2013 MEMBERS PRESENT: The Board of Directors of the City of Texarkana, Arkansas, convened in called session at 3:34 PM on March 20, ROLL CALL: Mayor Smith asked the Clerk to call the roll and the following Board Members were present: Mayor N. Wayne Smith, Assistant Mayor James Mike Jones, and Directors Ruth Penney Davis, Sue Johnson, and Londell Williams. Also present were Interim City Manager Charles Nickerson, City Prosecutor Thomas A. Potter, and City Clerk Patti Scott Grey. Directors Laney J. Harris and Chad Dowd were absent. Mayor Smith asked it be duly noted there was a quorum present for today s meeting. INVOCATION: The invocation was given by Mayor N. Wayne Smith. PLEDGE OF ALLEGIANCE: Mayor N. Wayne Smith led everyone in the Pledge of Allegiance. NOTICE AND CONSENT TO MEETING OF BOARD The undersigned hereby acknowledged receipt of official and timely notice of a meeting of the Board of Directors of the City of Texarkana, Arkansas, to be held Wednesday, March 20, 2013 at 3:30 PM at the regular meeting place of the Board in the City of Texarkana, Arkansas, the purpose of the meeting as follows: Consider the following concerning a right-of-way and easement in the Crossroads Business Park: (SWEPCO Drawing) (Location Map) 1

2 Option 1: A. Adopt an Ordinance granting the City of Texarkana, Arkansas permission to convey a 25 right-of-way and easement to Southwestern Electric Power Company (SWEPCO) in the Crossroads Business Park for the construction and maintenance of electrical equipment for the water park. B. This ordinance requires an emergency clause: An emergency clause requires a separate and distinct vote of the board and is valid only if there is a two-thirds vote of approval by the board. (Hdbk. Const. Amend 7) Option 2: Adopt a Resolution granting the City of Texarkana, Arkansas permission to convey a 25 right-of-way and easement to Southwestern Electric Power Company (SWEPCO) in the Crossroads Business Park for the construction and maintenance of electrical equipment for the water park. The undersigned further consent to the meeting at the time and place and for the purposes hereinabove set forth and hereby ratify all action taken at said meeting for said purposes. INTERIM CITY MANAGER INTRODUCTION: Mayor Smith introduced Charles Nickerson as the City s Interim City Manager and commented he was on loan from the Texarkana Chamber of Commerce. He welcomed Mr. Nickerson. 2

3 ORDINANCE NO. M-79: An ordinance was introduced to be entitled, "AN ORDINANCE GRANTING A 25 FEET BY 946 FEET AND A 15 FEET BY 140 FEET RIGHT-OF-WAY AND EASEMENT TO SOUTHWESTERN ELECTRIC POWER COMPANY (SWEPCO) IN THE CROSSROADS BUSINESS PARK FOR THE CONSTRUCTION AND MAINTENANCE OF ELECTRICAL EQUIPMENT FOR THE HOLIDAY SPRINGS WATER PARK; FOR DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES". Said ordinance granted SWEPCO/AEP a perpetual right-of-way and easement along the west side of the Holiday Springs Water Park to provide and maintain electrical service to the Water Park, as well as to provide video and audio equipment for the transmission or communication of data. The legal description was as follows: All that certain tract or parcel of land situated in the North Half of the Northwest Quarter (N 1/2 NW 1/4) of Section Seven (7), Township Fifteen (15) South, Range Twenty-eight (28) West, situated in Crossroads West Subdivision and replats thereof, Miller County, Arkansas being more particularly described in Special Warranty Deed dated December 19, 2007 from Aven C. and Jane E. Williamson, recorded in Volume 2008, page 67, Quit Claim Deed dated February 13, 2012 from Texarkana Hotels, LLC, recorded as document #2012R and a Warranty Deed dated May 31, 2012 from Wommack 6 Corporation, recorded as Document #2012R006134, all to the City of Texarkana, Arkansas and record in the Deed Records of Miller County, Arkansas. Mayor Smith said this item was tabled at the March 18, 2013 Board of Directors meeting, because some members of the board and City staff did not have all the information to make a valid decision. This item, however, needed to be voted upon as soon as possible, so that SWEPCO/AEP could start working on the electrical maintenance of Holiday Springs Water Park. He said this item also met the criteria for a called meeting. There was an existing 16 feet easement now, and SWEPCO needed a 25 feet easement for their electrical equipment. Mayor Smith said City staff was available for questions, as well as, representatives from SWEPCO. Assistant Mayor Jones moved to have the ordinance read in abbreviated form. The motion was seconded by Director Davis. The Clerk called the roll and the following vote 3

4 resulted: Directors Davis, Johnson, Jones, Williams, and Smith voted aye. The Mayor declared the motion carried, as there were five ayes and no nays. The ordinance was read the first time. Director Johnson said the ordinance she was reading on her computer screen was not the same as the ordinance being read. Mayor Smith said that was correct; there were last minute changes to the ordinance. The original ordinance would grant a 25 feet by 946 feet easement. The right-of-way and easement document states a 25 feet by 946 feet and a 15 feet by 140 feet right-of-way and easement would be granted. The ordinance had to be corrected to reflect the wording on the right-of-way and easement document. Director Davis moved the rules be suspended and the ordinance be placed on its second reading. The motion was seconded by Assistant Mayor Jones. The Clerk called the roll and the following vote resulted: Directors Davis, Johnson, Jones, Williams, and Smith voted aye. The Mayor declared the motion carried, as there were five ayes and no nays. The ordinance was read the second time and the Mayor declared the ordinance open for discussion. Assistant Mayor Jones then moved the rules be further suspended and the ordinance be placed on its third and final reading. The motion was seconded by Director Johnson. The Clerk called the roll and the following vote resulted: Directors Davis, Johnson, Jones, Williams, and Smith voted aye. The Mayor declared the motion carried, as there were five ayes and no nays. The ordinance was then read the third and final time and the Mayor declared the ordinance open for discussion. Director Davis, seconded by Director Johnson, moved to adopt the ordinance. The Clerk called the roll and the following vote resulted: Directors Davis, Johnson, Jones, Williams, and Smith voted aye. The Mayor declared the ordinance passed, as there were five ayes and no nays. 4

5 EMERGENCY CLAUSE: Assistant Mayor Jones, seconded by Director Johnson, moved to approve the emergency clause. The Mayor asked the Clerk to call the roll and the following vote resulted: Directors Davis, Johnson, Jones, Williams, and Smith voted aye. The Mayor declared the motion carried, as there were five ayes and no nays. ADJOURNMENT: There being no further business to come before the Board, on motion duly made, seconded, and unanimously carried, the meeting adjourned at 3:40 PM. 5