RESCHEDULED REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF TEXARKANA, ARKANSAS SEPTEMBER 3, 2002

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1 RESCHEDULED REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF TEXARKANA, ARKANSAS SEPTEMBER 3, 2002 MEMBERS PRESENT: The Board of Directors of the City of Texarkana, Arkansas, convened in rescheduled regular session at 7:00 p.m. on September 3, 2002 with the following members present: Mayor Danny Gray, Assistant Mayor Horace Shipp, and Directors Kathy Dunphy, Laney Harris, Thomas Potter, and Londell Williams. Also present were City Manager Robert W. Wright, City Attorney Ned Stewart, and City Clerk Patti Scott Grey. Director Sue Johnson was absent. INVOCATION: The invocation was given by Director Williams. ADDENDUM: Mayor Gray announced that a resolution endorsing Precision Roll Ginders participation in the Advantage Program would be added to the consent agenda, and a resolution authorizing the sale of approximately 6 acres of city owned property would be added to the regular agenda. Director Potter moved to add the items to the agenda. The motion was seconded by Assistant Mayor Shipp and carried unanimously. CONSENT AGENDA: Director Potter moved to approve the revised consent agenda. The motion was seconded by Assistant Mayor Shipp and carried unanimously. The items approved by consent were: minutes 1

2 MINUTES: The minutes approved were of the regular meeting of August 19, RESOLUTION NO. 4834: Resolution No grants permission to the Texarkana Bandits & Queens for the parade, celebrating the Texarkana Bandits 2 nd season, at 5:30 PM on Thursday, October 31 along the customary downtown parade route. RESOLUTION NO. 4835: Resolution No endorses the participation of Precision Roll Ginders, in the Advantage Arkansas Program (also know as the Arkansas Enterprise Zone Program Act 947 of 1993 as amended) for benefits from the refunds/tax credits as provided in the program, and further authorizes the Arkansas Department of Finance and Administration to refund local sales and use taxes. REGULAR AGENDA: RESOLUTION NO. 4836: Resolution No was read in its entirety. Said resolution authorizes the City Manager to execute the necessary documents for the sale of a tract of land more specifically described as follows: All that certain 5 acres of land out of the property lying and situated in Miller County, Arkansas, described by metes and bound as follows: Part of the SE¼ SW¼ of Section 4, Twp. 15 S., Rg. 28 W., BEGINNING at a point in the South boundary line of said Section 4, same being in the South right of way line of Interstate #30, said Point of Beginning being S. 87 deg. 50 E., feet from the SW corner of the SE¼ of the SW¼ of said Section 4, THENCE No. 02 deg. 10 E., with said right of way line, feet; THENCE N. 10 deg. 01 E., with said right of way line, feet; THENCE N. 59 deg. 57 E., with said right of way line feet; THENCE S. 02 deg. 10 W., feet to the South line of said Section 4; THENCE N. 87 deg. 50 W., with said Section line, feet to the minutes 2

3 POINT OF BEGINNING and containing 5.00 acres of land, more or less. SAVE AND EXCEPT a strip of land to be reserved for road purposes 45 feet in width along the West and North boundary lines of the above described tract; and The above-mentioned property would be sold to Osborne Development LIMITED PARTNERSHIP for $200,000 cash. Director Williams, seconded by Director Harris, moved to adopt the resolution. The Clerk called the roll and the following vote resulted: Directors Dunphy, Harris, Potter, Shipp, Williams and Gray voted aye. The Mayor declared the resolution adopted, as there were six ayes and no nays. RESOLUTION NO. 4837: Resolution No was read in its entirety. Said resolution adopts the Downtown Framework recommended by TECAP (Texarkana Education Culture and Arts Partners). Assistant Mayor Shipp, seconded by Director Potter, moved to adopt the resolution. The Clerk called the roll and the following vote resulted: Directors Dunphy, Harris, Potter, Shipp, Williams and Gray voted aye. The Mayor declared the resolution adopted, as there were six ayes and no nays. ORDINANCE NO. L-93: An ordinance was introduced to be entitled, "AN ORDINANCE AMENDING ORDINANCE NO. K-286. Said ordinance rezones a tract of land located at 5626 E. Broad Street from R-1 Rural Residential to C-3 Open Display Commercial. The property is legally described as: All that certain tract or parcel of land being a part of the Southeast Quarter of the Southeast Quarter (SE¼, SE¼) of Section Three (3), Township-15- South, Range-28-West, Miller County, Arkansas, and being more particularly described by metes and bounds as follows: minutes 3

4 POINT OF BEGINNING at a tram rail end at the NE corner of the SE¼, SE¼, of said Section 3, Township-15-South, Range-28-West, Miller County, Arkansas, same being on the East side of a dirt lane; THENCE North 88º West, with the North boundary line of said SE¼, SE¼ of said Section 3, same being a fence line and the projection of said fence, feet to an iron pipe in the South Right-of-Way line of US Highway No 67; THENCE South 42º 10 0 West, with the said South Right-of-Way line of US Highway No. 67, feet to an iron pin for corner; THENCE South 47º feet at right angles to the said South Right-of-Way line to an iron pin for corner; THENCE South East, feet to an iron pipe for corner in the East line of the SE¼, SE¼ of said Section 3; same being on the East side of a dirt lane; THENCE North East, with the East boundary line of the SE¼, SE¼ of said Section 3, a distance of feet to the POINT OF BEGINNING and containing 3.53 acres of land, more or less. Director Williams moved to have the ordinance read in abbreviated form. The motion was seconded by Director and carried unanimously. The ordinance was read the first time. Director Williams moved that the rules be suspended and the ordinance be placed on its second reading. The motion was seconded by Director Potter. The Clerk called the roll and the following vote resulted: Directors Dunphy, Harris, Potter, Shipp, Williams and Gray voted aye. The Mayor declared the motion carried, as there were six ayes and no nays. The ordinance was read the second time and the Mayor declared the ordinance open for discussion. Director Williams then moved that the rules be further suspended and the ordinance be placed on its third and final reading. The motion was seconded by Director Potter. The Clerk called the roll and the following vote resulted: Directors Dunphy, Harris, Potter, Shipp, Williams and Gray voted aye. The Mayor declared the motion carried, as there minutes 4

5 were six ayes and no nays. The ordinance was then read the third and final time and the Mayor declared the ordinance open for discussion. The Mayor then put the question, "Shall the Ordinance pass?" The Clerk called the roll and the following vote resulted: Directors Dunphy, Harris, Potter, Shipp, Williams and Gray voted aye. The Mayor declared the ordinance passed, as there were six ayes and no nays. ORDINANCE NO. L-94: An ordinance was introduced to be entitled, "AN ORDINANCE AMENDING ORDINANCE NO. K-286". Said ordinance rezones a tract of land located adjacent to the Northwest side of the existing Links Apartments from R-1 Rural Residential to R-4 Medium Density Residential. The property is legally described as: All that certain tract or parcel of land situated in Miller County, Arkansas, and being a portion of fractional Section 6, Township-15-Sourth, Range-28- West. Subject acre tract being more particularly described by metes and bounds as follows: COMMENCING at the Southwest corner of said fraction Section 6; thence S 88º 34 56: East, with the South line of said Section 6, feet to a point in the most westerly West line of a certain acre tract conveyed from Linholme Properties, Ltd., Partnership to The Links at Texarkana Partnership by Deed dated April 9, 1996, and recorded in Volume D-372, Page 252 of the Deed Record Books of Miller County, Arkansas; THENCE North 00º East, along said westerly West line, feet to an iron pipe found for corner at the most Westerly Northwest corner of said acre tract, said point being the POINT OF BEGINNING for the herein described tract of land: THENCE North 00º East, feet to a ½ iron pin set in the South line of a certain acre tract described in a Deed recorded in Volume 347, Page 49 of the Deed Record Books in Miller County, Arkansas; THENCE 89º East, with the said South line, feet to a 5/8 iron rod found at the Southeast corner of said acre tract; minutes 5

6 THENCE North 00º East, with the East line of said acre tract, feet to a ½ iron rod found at the Northeast corner of said acre tract; THENCE South 88º East feet to a ½ iron pin set in the upper West line of said acre tract; THENCE South 01º West, with the said upper West line, feet to a ½ iron pin found at an inside corner of said acre tract: THENCE North 89º West, with the most westerly North line of said acre tract, feet to the PLACE OF BEGINNING and containing acres of land, more or less. SUBJECT to Easement to the City of Texarkana, Arkansas recorded in Volume 8, Page 557, Miscellaneous Records of Miller County, Arkansas: a 12 foot easement along the West side of subject property, as granted in Warranty Deed recorded in Volume D-201, Page 561, Deed Records of Miller County, Arkansas; and the lien of all taxes and assessments for the year 1997 and subsequent years. Director Williams moved to have the ordinance read in abbreviated form. The motion was seconded by Assistant Mayor Shipp and carried unanimously. The ordinance was read the first time. Director Willliams moved that the rules be suspended and the ordinance be placed on its second reading. The motion was seconded by Assistant Mayor Shipp. The Clerk called the roll and the following vote resulted: Directors Dunphy, Harris, Potter, Shipp, Williams and Gray voted aye. The Mayor declared the motion carried, as there were six ayes and no nays. The ordinance was read the second time and the Mayor declared the ordinance open for discussion. Director Williams then moved that the rules be further suspended and the ordinance be placed on its third and final reading. The motion was seconded by Assistant Mayor Shipp. The Clerk called the roll and the following vote resulted: Directors Dunphy, Harris, Potter, Shipp, Williams and Gray voted aye. The Mayor declared the motion minutes 6

7 carried, as there were six ayes and no nays. The ordinance was then read the third and final time and the Mayor declared the ordinance open for discussion. The Mayor then put the question, "Shall the Ordinance pass?" The Clerk called the roll and the following vote resulted: Directors Dunphy, Harris, Potter, Shipp, Williams and Gray voted aye. The Mayor declared the ordinance passed, as there were six ayes and no nays. ORDINANCE NO. L-95: An ordinance was introduced to be entitled, "AN ORDINANCE WAIVING COMPETITIVE BID REQUIREMENTS AND AUTHORIZING A REHABILITATION PROJECT; FOR DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES". Said ordinance authorizes the City Manager to enter into an agreement with Care Construction and House Doctors for a total cost not to exceed $14, Director Williams moved to have the ordinance read in abbreviated form. The motion was seconded by Director Potter and carried unanimously. The ordinance was read the first time. Director Williams moved that the rules be suspended and the ordinance be placed on its second reading. The motion was seconded by Director Potter. The Clerk called the roll and the following vote resulted: Directors Dunphy, Harris, Potter, Shipp, Williams and Gray voted aye. The Mayor declared the motion carried, as there were six ayes and no nays. The ordinance was read the second time and the Mayor declared the ordinance open for discussion. Director Williams then moved that the rules be further suspended and the ordinance be placed on its third and final reading. The motion was seconded by Director Potter. The Clerk called the roll and the following vote resulted: Directors Dunphy, Harris, Potter, minutes 7

8 Shipp, Williams and Gray voted aye. The Mayor declared the motion carried, as there were six ayes and no nays. The ordinance was then read the third and final time and the Mayor declared the ordinance open for discussion. The Mayor then put the question, "Shall the Ordinance pass?" The Clerk called the roll and the following vote resulted: Directors Dunphy, Harris, Potter, Shipp, Williams and Gray voted aye. The Mayor declared the ordinance passed, as there were six ayes and no nays. ORDINANCE NO. L-96: An ordinance was introduced to be entitled, "AN ORDINANCE AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF TEXARKANA, ARKANSAS TO REVISE CERTAIN REGULATIONS GOVERNING PLUMBING CODE AND LICENSING REQUIREMENTS; FOR DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES". Said ordinance revises certain sections of the Code governing plumbing code and licensing requirements. Director Williams moved to have the ordinance read in abbreviated form. The motion was seconded by Director Potter and carried unanimously. The ordinance was read the first time. Assistant Mayor Shipp moved that the rules be suspended and the ordinance be placed on its second reading. The motion was seconded by Director Potter. The Clerk called the roll and the following vote resulted: Directors Dunphy, Harris, Potter, Shipp, Williams and Gray voted aye. The Mayor declared the motion carried, as there were six ayes and no nays. The ordinance was read the second time and the Mayor declared the ordinance open for discussion minutes 8

9 Assistant Mayor Shipp then moved that the rules be further suspended and the ordinance be placed on its third and final reading. The motion was seconded by Director Potter. The Clerk called the roll and the following vote resulted: Directors Dunphy, Harris, Potter, Shipp, Williams and Gray voted aye. The Mayor declared the motion carried, as there were six ayes and no nays. The ordinance was then read the third and final time and the Mayor declared the ordinance open for discussion. The Mayor then put the question, "Shall the Ordinance pass?" The Clerk called the roll and the following vote resulted: Directors Dunphy, Harris, Potter, Shipp, Williams and Gray voted aye. The Mayor declared the ordinance passed as there were six ayes and no nays. ORDINANCE NO. L-97: An ordinance was introduced to be entitled, "AN ORDINANCE AMENDING CHAPTER 11 OF THE CODE OF ORDINANCES OF THE CITY OF TEXARKANA, ARKANSAS TO REVISE CERTAIN REGULATIONS GOVERNING WEEDS; FOR DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES". Said ordinance revises certain sections of the Code governing weeds. Director Potter moved to have the ordinance read in abbreviated form. The motion was seconded by Assistant Mayor Shipp and carried unanimously. The ordinance was read the first time. Director Potter moved that the rules be suspended and the ordinance be placed on its second reading. The motion was seconded by Assistant Mayor Shipp. The Clerk called the roll and the following vote resulted: Directors Dunphy, Harris, Potter, Shipp, Williams and Gray voted aye. The Mayor declared the motion carried, as there were six ayes and no minutes 9

10 nays. The ordinance was read the second time and the Mayor declared the ordinance open for discussion. Director Potter then moved that the rules be further suspended and the ordinance be placed on its third and final reading. The motion was seconded by Assistant Mayor Shipp. The Clerk called the roll and the following vote resulted: Directors Dunphy, Harris, Potter, Shipp, Williams and Gray voted aye. The Mayor declared the motion carried, as there were six ayes and no nays. The ordinance was then read the third and final time and the Mayor declared the ordinance open for discussion. The Mayor then put the question, "Shall the Ordinance pass?" The Clerk called the roll and the following vote resulted: Directors Dunphy, Harris, Potter, Shipp, Williams and Gray voted aye. The Mayor declared the ordinance passed, as there were six ayes and no nays. RESOLUTION NO. 4838: Resolution No was read in its entirety. Said resolution approves a 50/50 cost-sharing payment arrangement for the East 35 th mobile home development water main extension. Director Potter, seconded by Assistant Mayor Shipp, moved to adopt the resolution. The Clerk called the roll and the following vote resulted: Directors Potter, Shipp, Williams and Gray voted aye; Directors Dunphy and Harris voted nay. The Mayor declared the resolution adopted, as there were four ayes and two nays. ORDINANCE NO. L-98: An ordinance was introduced to be entitled, "AN ORDINANCE SUBMITTING TO THE VOTERS OF THE CITY OF TEXARKANA, ARKANSAS, THE QUESTION OF FLUORIDATION OF THE CITY S WATER SUPPLY". The question of fluoridation minutes 10

11 of the City s water supply is to be submitted to the voters of the November 5, 2002 general election. Director Williams moved to have the ordinance read in abbreviated form. The motion was seconded by Director Potter and carried unanimously. The ordinance was read the first time. Director Williams moved that the rules be suspended and the ordinance be placed on its second reading. The motion was seconded by Assistant Mayor Shipp. The Clerk called the roll and the following vote resulted: Directors Dunphy, Harris, Potter, Shipp, Williams and Gray voted aye. The Mayor declared the motion carried, as there were six ayes and no nays. The ordinance was read the second time and the Mayor declared the ordinance open for discussion. Director Williams then moved that the rules be further suspended and the ordinance be placed on its third and final reading. The motion was seconded by Director Potter. The Clerk called the roll and the following vote resulted: Directors Dunphy, Harris, Potter, Shipp, Williams and Gray voted aye. The Mayor declared the motion carried, as there were six ayes and no nays. The ordinance was then read the third and final time and the Mayor declared the ordinance open for discussion. The Mayor then put the question, "Shall the Ordinance pass?" The Clerk called the roll and the following vote resulted: Directors Dunphy, Harris, Potter, Shipp, Williams and Gray voted aye. The Mayor declared the ordinance passed, as there were six ayes and no nays. CITIZEN COMMUNICATION TIME: Augie harder, 1701 Garland Avenue, Dr. James Presley, Ph. D minutes 11

12 Al Wilhelm, 3410 Dogwood OTHER BUSINESS: Director Potter Director Williams ADJOURNMENT: There being no further business to come before the Board, on motion duly made, seconded, and unanimously carried, the meeting adjourned. ATTEST: Danny Gray, Mayor Patti Scott Grey, City Clerk minutes 12

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