5 19 2014 Council Packet

AGENDA

REGULAR MEETING

CITY COUNCIL

CITY OF MAUMELLE

MAY 19, 2014

6: 00 PM

CITY HALL

1. CALL TO ORDER

2. INVOCATION AND PLEDGE OF ALLEGIANCE

The City of Maumelle welcomes people of diverse cultures and beliefs. Any religiousviewpoint expressed during invocation, or at any other time during the meeting,reflects only the personal opinion of the speaker. It is not intended to proselytize,advance, or disparage any religious belief.

3. SPECIAL GUESTS AND ANNOUNCEMENTS

4. APPROVAL OF MINUTES—MAY 5TH REGULAR MEETING

5. PUBLIC COMMENT

During Public Comment, issues NOT on the agenda may be addressed. Public

comments concerning items on the agenda will be allowed when that item isdiscussed by the Council. Anyone wishing to make a comment must fill out theprovided form and present it to the City Clerk. In the interest of time comments will

be limited to three ( 3) minutes. This privilege may be revoked by the Mayor inthe case of inappropriate language or comments. Any public member shall firststate his or her name and address, followed by a concise statement of the person'sposition or concern. All remarks shall be addressed to the Mayor or the Council

as a whole, not to any particular member of the Council. No person other than theCouncil members and the person having the floor shall be permitted to enter into anydiscussions without permission of the Mayor.

6. FINANCIAL STATEMENT REVIEW( second meeting of each month)

7. PROCEDURAL MOTION

8. UNFINISHED BUSINESS

A. Third Reading Ordinance 849 Amending Zoning Regulations Mayor Watson

With no objections, Mayor Watson may call for the third reading of the ordinance amending theMaumelle Zoning Regulations to establish car wash as a conditional use in a commercial zone andpermitted use in other commercial zones. A MOTION IS IN ORDER.

9. NEW BUSINESS

A. Resolution 2014- 21 Allowing Specific Use of the Trademarked Rings Mayor Watson

With no objections, Mayor Watson may call for the reading of the resolution allowing a specific use ofthe trademark" rings" owned by the City of Maumelle. A MOTION IS IN ORDER.

B. First Reading Ordinance 851 Waiving Competitive Bidding Procedures Mayor Watson

With no objections, Mayor Watson may call for the first reading of the ordinance waiving competitivebidding procedures for the purpose purchasing a ladder truck. SUSPENSION OF THE RULES ANDTHREE READINGS WILL BE REQUESTED.

C. Resolution 2014-22 Amending the 2014 General Fund Budget Mayor Watson

With no objections, Mayor Watson may call for the reading of the resolution amending the 2014 GeneralFund Budget for purchase of a ladder truck. A MOTION IS IN ORDER.

D. Resolution 2014-23 Authorizing the Mayor to Execute an Interlocal Agreement Mayor Watson

With no objections, Mayor Watson may call for the reading of the resolution authorizing the Mayor toexecute an interlocal agreement. A MOTION IS IN ORDER.

E. Resolution 2014-24 Authorizing the Purchase of Property Mayor Watson

With no objections, Mayor Watson may call for the reading of the resolution authorizing the Mayor topurchase property, namely a parcel consisting of approximately 6.04 acres on Club Manor Drive. AMOTION IS IN ORDER.

F. Resolution 2014-25 Authorizing the Purchase of Property Mayor Watson

With no objections, Mayor Watson may call for the reading of the resolution authorizing the Mayor topurchase property, namely a parcel consisting of approximately 1. 31 acres on Club Manor Drive. AMOTION IS IN ORDER.

G. Resolution 2014- 26 Amending the 2014 General Fund Budget Mayor Watson

With no objections, Mayor Watson may call for the reading of the resolution amending the 2014 GeneralFund Budget for purchase of land for a fire station. A MOTION IS IN ORDER.

H. Resolution 2014- 15 Approving a Conditional Use Permit Mayor Watson

With no objections, Mayor Watson may call for the reading of the resolution approving a conditional usepermit for the City of Maumelle to operate a municipal fire department in an OS zone. IFRESOLUTION 2014-24 OR 2014-25 PASSES, THERE WILL BE A REQUEST TO TABLE THISITEM.

I. Third Reading Ordinance 846 Amending a Master Street Plan Mayor Watson

With no objections, Mayor Watson may call for the third reading of the ordinance amending the MasterStreet Plan regarding right of way entry for the Maumelle Fire Department. IF RESOLUTION 2014-24OR 2014- 25 PASSES, THERE WILL BE A REQUEST TO TABLE THIS ITEM.

J. Hiring Notification Regarding Department Head Family Member

K. PWA Memo from City Attorney Davis

L. PWA Memo from Alderman Mosley

10. MAYOR' S COMMENTS

A. Bond Projects Survey Results to Date

B. Bond Projects Calendar

C. Parking and Traffic Committee— May 29, 6: 00 pm

D. Maumelle Boulevard Overlay Project

E. MEMS Reduction in Support Costs

11. PLANNING COMMISSION REPORT (following each PC meeting)—Alderman Anderson

12. ALDERMEN' S COMMENTS

13. CITY ATTORNEY' S COMMENTS

14. CITY CLERK' S COMMENTS

15. FYI

A. Building Permits Report

B. May Planning Commission Liaison—Alderman Hogue

C. 2013 Tree City USA Recognition

16. ADJOURNMENT

MINUTES

REGULAR MEETING

CITY COUNCIL

CITY OF MAUMELLE

May 5, 20146: 00 PM

CITY HALL

Mayor Watson called the meeting to order at 6: 00 p.m. with eight members present.

Mayor Watson gave the Invocation and led the Pledge of Allegiance.

MINUTES- April 21, 2014

Alderman Johnson moved to approve the minutes of the April 21, 2014 meeting. Alderman Saunders secondedthe motion and it passed unanimously by all in attendance.

PUBLIC COMMENT

Ray Turnage, of 122 Manitou Drive, stated he was unhappy about his neighbor putting up a fence behind hisproperty. Jim Pender, Mr. Turnages' attorney, stated he wanted guidance from the Council to know what thebest plan of action would be to resolve the issue. City Attorney JaNan Davis stated the Council did not havejurisdiction over the matter and that a court would have to make those decisions. She noted the fence does not

violate any City code.

Alderman Lewis asked the time frame on a fence appeal. JaNan Davis stated she would look into it, but the

issue may need to be resolved in circuit court.

Rick Scott, of Panther Mountain Road, stated he had issues with the Public Water. He stated there was no

accountability or oversight and that the members of the board should be elected. Mayor Watson noted the samecould be said about Central Arkansas Water. Alderman Mosley stated that he agreed with Mr. Scott and thatthere needed to be a democratic process for selecting the PWA board.

Gavin Roberts, of 66 Stoneledge Drive, asked the Council for permission to use the Maumelle three ringtrademark on a totem necklace for Troop 295. Alderman Lewis made a motion to put the request on the nextCouncil Agenda. Alderman Johnson seconded the motion and it passed unanimously.

Alderman Hogue stated she would vote no and that the Council has been very protective with the symbol in thepast. Alderman Mosley asked if allowing the Boy Scouts to use the symbol if it would set precedent for morepeople asking to use the three rings. JaNan Davis stated no; the Council can review each one on a case- by-casebasis.

Alderman Saunders expressed concern as well and noted other community groups that would want to use therings. Ms. Davis that allowing others to use the logo in certain ways could actually enhance the trademark.

Alderman Johnson challenged the Council to promote the trademark more.

1

PROCEDURAL MOTION

Alderman Anderson moved to have all ordinances and resolutions read by title only. Alderman Saundersseconded the motion and it passed unanimously.

ORDINANCE 848-ACCEPTING DEDICATION OF STREETS AND DRAINAGE

With no objections, Mayor Watson called for the third reading of the ordinance accepting and confirming thededication of certain streets and drainage associated with Osage Hills Phase 5- 8. The City Clerk gave thereading.

Alderman Hogue made a motion to approve Ordinance 848. Alderman Norris seconded the motion and the

ordinance passed unanimously.

ORDINANCE 849 AMENDING ZONING REGULATIONS

With no objections, Mayor Watson called for the second reading of the ordinance amending the MaumelleZoning Regulations to establish car wash as a conditional use in a commercial zone and permitted use in othercommercial zones. The City Clerk gave the reading.

CIVIL SERVICE COMMISSION APPOINTMENT

The Council interviewed Michael Harrison, Michael Ortega and Marion Scott for the open position. They then,by written ballot, appointed Marion Scott to a term on the Civil Service Commission to expire in May of 2019.

ACADEMICS PLUS CHARTER SCHOOL BOARD APPOINTMENT

Mayor Watson stated Dr. Eaton was absent. The Council interviewed and appointed( by written ballot) KeithRobinson to the School Board for a term ending in May 2017.

RESOLUTION 2014- 18 REGARDING SURPLUS PROPERTY

With no objections, Mayor Watson called for the reading of the resolution approving the disposal of a streetsweeper for the Public Works Department. The City Clerk gave the reading.

Alderman Lewis made a motion to approve Resolution 2014- 18. Alderman Anderson seconded the motion and

it passed unanimously.

RESOLUTION 204- 19 REGARDING SURPLUS PROPERTY

With no objections, Mayor Watson called for the reading of the resolution approving the disposal of fourvehicles for the Police Department. The City Clerk gave the reading.

Alderman Lewis made a motion to approve Resolution 2014- 18. Alderman Hogue seconded the motion and it

passed unanimously.

2

RESOLUTION 2014- 20 AMENDING THE 2014 GENERAL FUND BUDGET

With no objections, Mayor Watson called for the reading of the resolution amending the 2014 General FundBudget for the expense of mailing out a survey. The City Clerk gave the reading.

Alderman Lewis thanked the Mayor for his efforts on the survey. Mayor Watson stated Courtney Dunn hadworked hard on it too.

Alderman Lewis made a motion to approve Resolution 2014- 20. Alderman Anderson seconded the motion and

it passed unanimously.

LAND PURCHASE FOR FIRE STATION 2

Mayor Watson gave the Council a handout detailing his negotiations with the landowner. Mark Bingman statedthe owner was in Houston, but he is lead to believe the offer would be accepted.

Mayor Watson asked the Council for direction on whether to purchase 1. 31 acres or the entire piece of property.

Alderman Lewis stated that we should make an offer on the entire piece and detailed the opportunity he thoughtit was for the City. Aldermen Anderson and Kelley agreed.

Alderman Saunders expressed concern and stated we should address just land for the fire station. Alderman

Mosley agreed.

Alderman Lewis made a motion to have the Mayor make an offer on the entire 6 acres. Alderman Kelleyseconded the motion. After further discussion, the motion passed with only Aldermen Saunders and Mosleyvoting no.

PARKING AND TRAFFIC COMMITTEE

Mayor Watson stated there had been a request to put up a four-way stop at the intersection of Arnold Palmerand Barber Cove and Barber Drive.

Leonard Unruh, of 68 Blue Mountain Drive, stated the Council should consider all wards.

Alderman Kelley stated the intersection at Odom N. and Ridgeland Drive and Naylor Drive should beaddressed.

Alderman Hogue stated the intersection at Odom N. and Diamond Pointe had similar issues.

Mayor Watson stated that the traffic committee would meet in May 29, at 6: 00 pm.

MAYOR' S COMMENTS

Mayor Watson stated the bond surveys were sent out and they received 169 in on the first day.

Mayor Watson thanked Maumelle Fire and Police for their efforts on April 27 when the tornado hit. He also

thanked Maumelle Animal Shelter and Maumelle Friends of the Animals for their efforts. He noted five Cityemployees that were directly affected by the tornadoes. Mayor Watson stated there would be a baseball game atDickey-Stephens Park to benefit the tornado victims.

3

Mayor Watson stated that the Council would be asked to consider purchasing a ladder truck at the next Councilmeeting.

He also noted early voting ongoing at the community center.

PLANNING COMMISSION REPORT

Alderman Anderson noted variances that were past for the White Wagon Farm nursery.

ALDERMEN' S COMMENTS

Alderman Saunders stated that he would like to see better posting of the speed limit in the construction zone onMaumelle Boulevard. City Attorney Davis noted that officers had been giving the majority of people warningsin that area, not citations.

Alderman Hogue stated that the annexation task force had met tonight and added Barry Heller. She stated thatthey would be on the next Maumelle Water Management agenda to ask questions.

Alderman Lewis noted several recent power outages. Mayor Watson stated that he was discussing them withour Entergy representative.

Alderman Lewis complimented Animal Services and the Police and Fire Departments for their efforts

surrounding the recent tornado.

ADJOURNMENT

Alderman Lewis moved to adjourn the meeting. Alderman Kelley seconded the motion and it passedunanimously by all in attendance.

Mayor Watson adjourned the meeting at 8: 58 pm.

MAYOR MICHAEL WATSON

CITY CLERK JOSHUA CLAUSEN

APPROVED

May 19, 2014

4

City of MaumelleFinancial Statement Summary

FOR THE MONTH ENDED APRIL 30, 2014

GENERAL FUND

Nonspendable 2, 118

Committed 1, 000,000

Assigned

Unassigned 5, 427,425

Total Fund Balance 6,429,543

STREET FUND

Restricted 3, 248,307

Assigned

Total Fund Balance 3, 248,307

SANITATION FUND

Retained Earnings 1, 323,914

CITY OF MAUMELLE

GENERAL FUND STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCEFOR THE MONTH ENDED APRIL 30, 2014

2014 2014 12 MONTH ACTUAL AT OVER/ ACTUAL AT OVER/

BUDGET BUDGET REV BUDGET 4/ 30/2014 ( UNDER) 4/30/2013 _ ( UNDER)

Revenues:

State Turnback 274,608 274,608 91, 536 85, 313 6, 223) 88,420 3, 107)

LOPFI Turnback 165,000 165, 000 55, 000 55, 000)

County Millage Tax 1, 880,000 1, 880,000 626,667 327, 955 ( 298,712) 349,576 21, 621)

County Sales Tax 3,500,000 3, 500,000 1, 166,667 1, 163, 838 2, 829) 1, 166, 091 2, 253)

City Sales Tax 2, 100,000 2, 100, 000 700, 000 659, 870 40, 130) 672,278 12, 408)

Franchise Fee 1, 500,000 1, 500,000 500, 000 527, 106 27, 106 472,936 54, 170

Community Service Fees 680,000 680,000 226,667 195, 129 31, 538) 175, 161 19,968

Late& Collection Fees 17, 000 17,000 5, 667 5, 084 582) 6, 873 1, 788)

Building Permits and Fees 200,000 200,000 66,667 34,552 32, 114) 67,406 32, 854)

Business License Permits 16, 500 16, 500 5, 500 13,737 8, 237 14, 750 1, 013)

Parks and Recreation Fees 500,000 500,000 166,667 122,479 44, 188) 146,634 24, 155)

Senior Wellness Center Fees 35,000 35,000 11, 667 14,235 2, 568 12, 012 2, 222

Animal Control Fees 12, 000 12, 000 4, 000 4,765 765 3,460 1, 305

Municipal Court 200,000 200,000 66,667 68, 100 1, 434 70, 180 2, 080)

Police Dept 4,038 4, 038)

Fire Dept 13, 000 13, 000 4, 333 7, 126 2, 792 7, 126

Dispatch Services 26,000 26, 000 8, 667 19,500 10,833 6, 500 13, 000

Federal Grants 18, 976 18, 976)

State Grants 2, 157 2, 157 36, 277 34, 120)

Private Grants

Private Donations 1, 000 1, 000 1, 000

Investment Income 12, 000 12, 000 4,000 2, 699 1, 301) 1, 403 1, 296

Other Financing Sources 10,849 10,849 8, 741 2, 108

Miscellaneous Income 6,552 6,552 3, 988 2, 564

Total Revenues 11, 131, 108 11, 131, 108 3, 710,369 3, 272,046 ( 438,326) 3,325, 701 53, 655)

Expenditures:

Administration 907,333 910,273 303,424 270,553 32,872) 278, 209 7,656)

City Council 63,572 63, 572 21, 191 21, 764 573 22, 860 1, 096)

City Attorney 60,345 60, 345 20, 115 12, 046 8,069) 12, 366 320)

Court 254,828 254, 828 84,943 70, 266 14,677) 75, 319 5, 053)

Police 2, 783,214 2, 783,214 927,738 870,090 57, 648) 782,408 87,682

Fire 2, 228, 173 2, 233, 331 744,444 580,668 ( 163,775) 594, 088 13, 419)

Animal Control 328,626 328,626 109,542 83, 010 26,532) 82, 569 441

Public Works 720,918 720, 918 240,306 174, 836 65,470) 183, 341 8, 505)

Parks 1, 474,396 1, 475, 396 491, 799 372,304 ( 119,495) 354, 806 17, 498

Senior Services 339, 141 347, 395 115,798 100, 572 15,226) 98, 117 2, 455

CED 202, 101 206,301 68,767 68, 963 196 65, 033 3, 931

Planning& Zoning 141, 500 141, 500 47, 167 40, 059 7, 107) 39,625 434

Code Enforcement 277,504 280, 358 93,453 80, 915 12,538) 93, 472 12, 557)

City Services 1, 346,503 1, 346,503 448,834 455,562 6,728 532, 701 77, 139)

Total Operating 11, 128, 154 11, 152, 560 3, 717,520 3, 201, 608 ( 515,912) 3, 214, 912 13, 304)

Capital Expenditures 330,995 622,985 207,662 133,202 74,460) 94, 484 38,717

Total Expenditures 11, 459, 149 11, 775, 545 3, 925, 182 3, 334,809 ( 590,373) 3, 309, 396 25,413

Excess( Deficiency) ofRevenues over Expenditures 328,041) 644,437) ( 214,812) 62, 764) 152, 047 16, 305 79,068)

Fund Balance, Beginning of Year 6,492, 307 6,492,307 6, 492,307 6, 492,307

Fund Balance, End of Year 6, 164,266 5, 847,870 6, 277,495 6,429,543

Page 2

CITY OF MAUMELLE

GENERAL FUND- BALANCE SHEET


ASSETS

Current Assets

Cash 6,566,375

Taxes Receivable 713, 770

Accounts Receivable 80,549

Due From Other Funds 2, 118

Inventory- Court Drug Tests 226

Prepaid Expenses 28, 323Total Current Assets 7, 391, 361

TOTAL ASSETS 7, 391, 361

LIABILITIES AND FUND BALANCE

Liabilities:

Payroll Liabilities 57, 380

Salaries Payable

Accounts Payable

Deferred Revenue 739,613

Other Liabilities 164, 825

Total Liabilities 961, 818

Fund Balance:

Nonspendable

Due from agency fund 2, 118

Restricted

Committed 1, 000, 000

Assigned to capital projects

Unassigned 5, 427,425

Total Fund Balance 6,429,543

TOTAL LIABILITIES AND FUND BALANCE 7, 391, 361

Page 3

CITY OF MAUMELLE

STREET FUND STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCEFOR THE MONTH ENDED APRIL 30, 2014


BUDGET BUDGET REV BUDGET 4/ 30/ 2014 ( UNDER) 4/ 30/ 2013 ( UNDER)

Revenues:

State Turnback 809,750 809,750 269,917 257,500 ( 12,417) 263,873 6,373)

Street Aid Program 300,000 300,000 100,000 103, 908 3, 908 103, 908

County Millage Tax 540,000 540,000 180, 000 95, 109 ( 84,891) 101, 370 6, 262)

Street Sign Revenue 200 200 67 2, 573 2, 506 84 2, 489

Investment Income 19,000 19,000 6, 333 4,340 1, 994) 3, 898 441

Appropriation from Fund Balance

Miscellaneous Income 4,721 4, 721 4,721

Total Revenues 1, 668, 950 1, 668,950 556,317 468, 151 88, 166) 369,226 94,204

Expenditures:

Personnel 695,937 695,937 231, 979 214, 364 ( 17,615) 181, 096 33,268

Other Operating 355,496 360,264 120,088 75, 366 ( 44, 722) 70, 394 4,971

Total Operating 1, 051, 433 1, 056,201 352,067 289, 730 ( 62,337) 251, 491 38,239

Capital Expenditures 576,379 908,845 302,948 283,812 ( 19, 136) 12, 254 271, 558

Total Expenditures 1, 627,812 1, 965,046 655,015 573, 542 ( 81, 473) 263,745 309,797

Excess( Deficiency) ofRevenues over Expenditures 41, 138 ( 296,096) 98,699) ( 105, 391) 6,692) 105,481 ( 215,593)

Fund Balance, Beginning of Year 3, 353,698 3,353,698 3, 353,698 3, 353,698

Fund Balance, End of Year 3,394,836 3, 057,602 3,254,999 3, 248, 307

Page 4

CITY OF MAUMELLE

STREET FUND- BALANCE SHEET


ASSETS

Current Assets:

Cash 3, 257,215

Taxes Receivable 27,568

Accounts Receivable 168

Total Current Assets 3, 284, 950

TOTAL ASSETS 3, 284,950

LIABILITIES AND FUND BALANCE

Liabilities:


Deferred Revenue 27, 568

Total Liabilities 36,643

Fund Balance:

Nonspendable

Restricted 3, 248, 307

Committed

Assigned to:

Capital projects

Eliminate a projected budgetary deficitUnassigned

Total Fund Balance 3,248, 307

TOTAL LIABILITIES AND FUND BALANCE 3, 284, 950

Page 5

CITY OF MAUMELLE

SANITATION FUND STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN EQUITYFOR THE MONTH ENDED APRIL 30, 2014


BUDGET BUDGET REV BUDGET 4/ 30/2014 ( UNDER) 4/ 30/2013 ( UNDER)

Revenues:

Sanitation Fees 1, 050,000 1, 050,000 350,000 284,921 65,079) 284, 965 44)

Late and Collection Fees 30,000 30,000 10, 000 7, 243 2, 757) 9, 200 1, 957)

Cart Rental 18, 000 18, 000 6, 000 4,612 1, 388) 4, 389 223

Sales Tax 21, 664) 21, 664

Transfer Station 25,000 25, 000 8, 333 9, 520 1, 187 11, 077 1, 557)

Operating Transfer In 89,635 89,635 29,878 29,878 29, 878

Miscellaneous Income

Total Revenues 1, 212,635 1, 212, 635 404,212 336, 174 68,037) 317, 846 18, 328

Expenditures:

Personnel 600,910 600,910 200,303 194, 127 6, 176) 181, 613 12, 514

Other Operating 889,000 1, 194,476 398, 159 114,360 ( 283,799) 88, 882 25,478

Total Expenditures 1, 489,910 1, 795,386 598,462 308,487 ( 289,975) 270,494 37, 992

Excess( Deficiency) ofRevenues over Expenditures 277,275) 582, 751) ( 194,250) 27,687 47, 351

Equity, Beginning of Year 1, 296,227 1, 296,227 1, 296,227 1, 296,227 606, 378

Equity, End of Year 1, 018,952 713,477 1, 101, 977 1, 323,914 653,729

Page 6

CITY OF MAUMELLE

SANITATION- BALANCE SHEET


ASSETS

Current assets:

Cash 899,901

Accounts Receivable 79,524

Total Current Assets 979,424

Noncurrent assets:

Capital Assets- Equipment 1, 496,523

Less Accumulated Depreciation 1, 039,057)

Total Noncurrent Assets 457,466

TOTAL ASSETS 1, 436,890

LIABILITIES AND EQUITY

Current Liabilities:


Accounts Payable

Salaries Payable

Sales Taxes Payable 2, 643

Reserve for Compensated Absences 15, 767

Total Current Liabilities 25,522

Nonurrent Liabilities:

Note Payable- First Security Bank 87,453

Total Liabilities 112, 975

Equity:Retained earnings 1, 323,914

TOTAL LIABILITIES AND EQUITY 1, 436,890

Page 7

CITY OF MAUMELLE NOTES TO FINANCIAL STATEMENTS

Note 1: Minimum fund balance policy for the general fund

Ordinance 438 states that the general fund shall maintain a level of fund balance equal to20% of budgeted operating expenditures. Currently, this figure is $ 2,230,512

Note 2: Fund balance classifications

Effective with the January 31, 2011 financial statements, there are new fund balance classificationsfor the General and Street funds. The new classifications and their definitions are as follows:

Nonspendable- fund balance that can't be spent, such as inventory and prepaid itemsRestricted- use of these funds is restricted by external sources, such as law or grant

requirements

Committed- use of these funds is restricted by formal action of the city councilAssigned- use of these funds is restricted by informal action of the city councilUnassigned- fund balance that has not been restricted, committed, or assigned

Page 8

GENERAL FUND BUDGET RESOLUTIONS PASSED IN 2014

2014-07 2014 Dodge Ram outfitting for Fire department 7, 000

2014-08 Court Automation Technology Revenue for 2013 26,583

2014- 10 Fuel Center Facility 8, 500

2014- 14 Police Department of Justice Grant 4,300

Total 46, 383

STREET FUND BUDGET RESOLUTIONS PASSED IN 2014

2014-09 Fuel Center Facility 8, 500

SANITATION FUND BUDGET RESOLUTIONS PASSED IN 2014

2014- 11 Fuel Center Facility 8, 500

Page 9

AN ORDINANCE OF CITY COUNCIL OF THE CITY OF MAUMELLE,

COUNTY OF PULASKI, STATE OF ARKANSAS,

AN ORDINANCE TO BE ENTITLED:

ORDINANCE NO. 849

AN ORDINANCE AMENDING THE ZONING REGULATIONS TO ESTABLISH CAR

WASH AS A CONDITIONAL USE IN A COMMERCIAL ZONE AND A PERMITTED

USE IN OTHER COMMERCIAL ZONES IN THE CITY OF MAUMELLE AND FOR

OTHER PURPOSES

WHEREAS, the Maumelle Planning Commission reviewed the proposed change to thezoning regulations to allow for the conditional use of property within a C- 1 zoned area and for apermitted use within a C- 3 zoned area by car washes, and;

WHEREAS, the Maumelle Planning Commission March 27, 2014 a motion to

recommend this change to the Maumelle City Council, and;

WHEREAS, After holding a public hearing on the matter, the Maumelle City Councilhas reviewed the proposed change to the regulation and has determined that there is a need to

amend the zoning regulations.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY

OF MAUMELLE, ARKANSAS,

SECTION 1. Amendment. Maumelle City Code, Chapter 94, Article I. In General, Section 94-1, Definitions in the City of Maumelle and shall be amended to read as follows:

Sec. 94- 1. - Definitions

Car wash means a facility for washing or steam cleaning motor

vehicles ( including a self-service operation), operating either as a separate facility or when installedand operated in conjunction with another use, and which installation includes equipment customarilyassociated with a car wash and which is installed solely for the purpose of washing and cleaningautomobiles-motor vehicles.

SECTION 2. Amendment. Maumelle City Code, Chapter 94, Article III. Districts and DistrictRegulations, Division 3. Commercial, Subdivision III. C- 1 Village Center, Section 323, Use

Regulations, concerning conditional uses in the C- 1 Commercial Zone, in the City of Maumelleand shall be amended to read as follows:

Sec. 94-323. - District use regulations.

b) Conditional uses. Conditional uses are as follows:

Adult day care centers.

Automobile filling station.

Car Washes.

Churches.

Convenience stores.

Day care centers.

Drive- in restaurants.

Elementary and secondary educational facilities.

Public utility buildings and structures.

SECTION 3. Amendment. Maumelle City Code, Chapter 94, Article III. Districts and DistrictRegulations, Division 3. Commercial, Subdivision III. C- 3 Commercial Service, Section 373,

Use Regulations, concerning conditional uses in the C- 3 Commercial Zone, in the City ofMaumelle and shall be amended to read as follows:

Sec. 94-373. - Use regulations.

a) Permitted uses. Permitted uses in the C- 3 district are as follows:

1) All retail sales and service uses permitted in the C- 1 district, Village Center.

2) The following additional commercial uses:

Animal boarding place or veterinarian' s clinic.

Automotive uses:

Auto, truck and trailer rental lot.

Car Washes

New and used sales and service.

Parking and storage garages and lots.

Parts and supply stores.

Repair garages and body shops.

Building supply.

Contractor's office and equipment yard.

Farm implement sales and service.

Funeral parlor undertaking.

Hardware store.

Horticultural nursery products store.

Household equipment and machine repair and servicing.

Laundry and dry cleaning plant.

Marine supply and equipment.

Printing and publishing.

Page 2 of Ordinance 849

Upholstering shop.

Vocational and trade schools.

Warehouse, general.

Warehouse, mini and storage.

Wholesale sales and storage.

b) Conditional uses. Conditional uses are as follows:

Adult day care center.

Cemeteries.

Churches.

Day care center.

Educational facilities (other than vocational and/ or trade schools).

Health facilities.

Office buildings.

The following commercial uses shall be conditional uses when located on property which shares a

common property line with property zoned residential:

Animal boarding place or veterinarian' s clinic.

Automotive uses:

Auto, truck and trailer rental lot.

Car Washes

Parking and storage garages and lots.

Parts and supply stores.

Repair garages and body shops.

New and used sales and service.

Building supply.

Contractor's office and equipment yard.

Farm implement sales and service.

Funeral parlor undertaking.

Hardware store.

Horticultural nursery products store.

Household equipment and machine repair and servicing.

Laundry and dry cleaning plant.

Marine supply and equipment.

Printing and publishing.

Upholstering shop.

Vocational and trade schools.


Warehouse, general.

Warehouse, mini and storage.

Wholesale sales and storage.

SECTION 4. All other provisions of Chapter 94 shall remain the same.

SECTION 5. Codification. It is the intention of the City Council of the City of Maumelle thatthe provisions of this Ordinance shall become and be made a part of the City Code of the City ofMaumelle, Arkansas, and that the Sections of this ordinance may be renumbered, re- lettered andthe word " Ordinance" may be changed to " Section", " Article" or such other word or phrase in

order to accomplish such intention.

SECTION 6. Repealer. All other ordinances or parts of ordinances in conflict herewith are

hereby repealed to the extent of the conflict.

SECTION 7. Severability. If any clause, sentence, paragraph, section or other portion of thisordinance is found to be unconstitutional, invalid or inoperative by a court of competentjurisdiction, such findings shall not effect the validity of the remainder of these sections, nor shallany proceeding invalidating any portion of any section operate to affect any portion of theremainder of said sections not specifically attacked in said proceeding.

ADOPTED this day of 2014.

Michael Watson, Mayor

ATTEST:

Joshua Clausen, City Clerk

APPROVED AS TO FORM:

JaNan Arnold Davis, City Attorney


SPONSORED BY:

Mayor Michael Watson

Saunders Anderson Kelley Mosley Lewis Hogue Johnson Norris

Aye:

No:


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MAUMELLE,

PULASKI COUNTY, ARKANSAS

A RESOLUTION TO BE ENTITLED:

RESOLUTION NO. 2014- 21

A RESOLUTION ALLOWING A SPECIFIC USE OF THE TRADEMARKED " RINGS" OWNED

BY THE CITY OF MAUMELLE FOR LOCAL BOY SCOUT TROOP NUMBER 295 ON AN

AMULET DESIGNED TO IDENTIFY THE PARTICULAR MAUMELLE TROOP, AND FOR

OTHER PURPOSES

WHEREAS, the City of Maumelle has sought to protect its trademarked logo, commonly knownas the " Rings" and consisting of three interlocking rings arranged in a triangular shape; and

WHEREAS, The City Council of the City of Maumelle is diligent in its protection of the logoand desires to maintain strict control over the use of the same in order to protect that which the logo

symbolizes; and,

WHEREAS, The Rings logo is locally known as a symbol of the City of Maumelle and the localBoy Scout Troop wishes to include the logo in an amulet design which shall be used for identificationpurposes within the Boy Scout Organization; and

WHEREAS, The City Council believes that the proposed use will not infringe upon the use andownership of the logo by the City of Maumelle nor will it impair the respect or reputation which it hascome to symbolize in the area; and

WHEREAS, The City Council wishes to allow the specific use of the logo by Boy Scout Troop295.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFMAUMELLE, THAT:

SECTION 1. The City Council of the City of Maumelle expressly approves of and allows the useof the " Rings" logo on an Amulet, the design and use of which is attached hereto as Exhibit A. This

Amulet shall be used as a method of identification of the Maumelle based Boy Scout Troop and will haveno adverse effect on the City' s use and ownership of the trademarked logo. The logo may not be used bythe Boy Scout Troop or any other person for any purpose other than that specifically approved by the CityCouncil.

SECTION 2. Any and all other resolutions in conflict herewith are hereby repealed to the extentof such conflict. This Resolution shall be in effect from and after its date of passage.

Approved this19th

day of May, 2014.


ATTEST:


APPROVED AS TO FORM: SPONSOR:

Mayor Watson

JaNan Davis, City Attorney


Aye:

No:

Page 2 of Resolution 2014-21

Vitt l Ito

Maumelle City Council Proposal

This proposal is to ask Maumelle City Council if Boy Scout Troop 295

located at First United Methodist Church in Maumelle, may use the Maumelle

City Icon to indicate where Troop 295' s origins are from. The following two

paragraphs state the history of totem and bead necklaces and should add contextto our proposal.

Native American beaded jewelry came up as early as 800 A.D. which served

as a talisman for protection against any threat that may come a person' s way. Atthe start, they used seashells and stone as the main material. However, upon the

arrival of the Europeans glass beads were starting to be used, which some calledthem by " little spirit seeds". The tribal totem tells others what tribe a person is

from. The beads tell the story of the individual. Each bead represents animportant part of their life, such as marriages.

In Boy Scouts, the totem, which can also be called an amulet, represents

what troop and patrol the scout is from. One can also add the council, district,

and town that the scout is from. The beads are the history of the many

adventures the scout experiences during his trek through his scouting trail.

Included on page two is a sample totem bead necklace so the committee

can visualize how the Maumelle City Icon will be used. Thank you for yourconsideration.

Troop 295

Aye':.

mil .

sy`..,

4440 ...

h

g

11

I.-.

pc..z,,,,„p._Eat.

r ....

s.,„:„...„,.. 0.,„.„.:. ",,,„..,:.... c. ,,„,:„,,,....„...:...,..,..,..,.„:„,..... ..... : ,, , .......

i.....,,,,,,..„:„..

4. ......, .. ,

C

y.

is

BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF MAUMELLE, COUNTY OF

PULASKI, STATE OF ARKANSAS, AN ORDINANCE TO BE

ENTITLED:

ORDINANCE NO. 851

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MAUMELLE, ARKANSAS

DECLARING EXCEPTIONAL CIRCUMSTANCES WAIVING THE COMPETITIVE BIDDING

PROCEDURES AUTHORIZING THE PURCHASE OF A FIRE TRUCK AND FOR OTHER

PURPOSES.

WHEREAS, the City Council of the City of Maumelle, Arkansas ( the " City") appropriated

money in the annual budget for an expenditure for a fire truck for the fire department;

WHEREAS, The Fire Department has located a vendor willing and able to provide a fire truckwhich meets the specifications provided and which is available sooner and under more favorablecircumstance; and,

WHEREAS, the Fire Truck sought by this ordinance is a demonstration model that is 95%complete and will be available by August or September, rather than the regular 10 months from an orderdate for a new truck. Maumelle Fire personnel has seen the particular truck. The Truck will be on displayin a Fire conference/ show in Dallas this summer then delivered to Maumelle directly; and

WHEREAS, because of the specialty of the industry and the fact that no vendors are local, thespecifications provided do not lend themselves to the competitive bidding process prescribed byMaumelle City Code; and

WHEREAS, the Fire Department advises that the circumstances justify a waiver of thecompetitive bidding process;

WHEREAS, the City Council wishes to waive the bidding process in order to allow the FireDepartment to purchase the fire truck without the bidding process.

NOW, THEREFORE, BE IT ENACTED AND DECLARED BY THE CITY COUNCIL OF

THE CITY OF MAUMELLE, ARKANSAS:

SECTION 1. The Mayor is authorized purchase a fire truck for use by the Maumelle Fire

Department from Sutphen Corporation pursuant to the Specifications and Quote as attached hereto as

Exhibit A.

SECTION 2. The City Council of the City of Maumelle, Arkansas deems there to exist

exceptional circumstances which justify the adoption of this ordinance and the waiving of competitive

bidding.

SECTION 3. The provisions of this ordinance are hereby declared to be severable and if any

section, phrase or provision shall be declared or held invalid, such invalidity shall not affect the remainder

of the sections, phrases or provisions.

SECTION 4: All Ordinances and parts of Ordinances in conflict herewith are hereby repealed.

Adopted this day of May, 2014.

By:Michael Watson, Mayor

Attest:

City Clerk Joshua Clausen

Approved As To Form:


SPONSORED BY:



Aye:

No:


x %Eli *4 b 'PP A

SUTPHENFA... Ar OWNED

SINCE 1890

To The: Date: April 30, 2014

1

4, _

t City of , i umelle, Arkansas

ATTENTION:

4

Interim Fire Chief John Payne

14FOR YOUR REVIEW:

I,4We hereby propose and agree to furnish the following fire fightingapparatus upon your acceptance of this proposal:

00One ( 1) Sutphen Heavy Duty SPH-100, Stock #389,

complete and delivered for the Total Sum of:

t12 ii12*

Please note the fee for the BuyBoard is included in the above price

and also, please review the " Comments" section of our offer for

1,4 discount considerations.

Which will be manufactured completely in accordance to the

following specifications with delivery by late August or earlySeptember, 2014, subject to delays from all causes beyond our control.

NOTE: Stock #389 is o ered on a trst come trst serve basis.

to Resp- - ), submitted by:e

J. Dean Shumaker

Sutphen Corporation

PO Box 158 * Amlin, OH 43002-

0158SalesRepresentative

6450 Eiterman Road * Dublin, OH 43016- 8711

til& Tel 614 889- 1005 * Toll Free 800 848- 5860 o Fax 614 889- 0874

to tASUTPHEN

OW D

SINCE 1890

COMMENTS

On behalfof the Sutphen Corporation and family, it is my pleasure to offer a

Sutphen Heavy Duty SPH-100 Aerial Platform, Stock# 389, to the Maumelle,Arkansas Fire-Rescue Department. Furthermore, should we be favored with your

award, please know that your new Sutphen has been constructed to the highest

standards known to the fire service and as requested by your team ofprofessionalfirefighters.

In as much as Stock# 389 is nearing completion and is being offered nationwide,the 1'

t'

Letter of Intent to Purchase" will secure this apparatus and take it off

the market for a fourteen (14) day period.

F4 Should the City be in a position to remit a down payment in the amount of

1, 000,000 no later than May 30, 2014, you may deduct$ 16,000from our bidprice. The contract amount would be$ 1, 069,608. The balance would be requested

upon delivery and acceptance ofStock# 389.

Our proposal is being offered through the current BuyBoard Contract# 399-12.tit

You may deduct the BuyBoard$ 1,500 fee should you pursue other purchasing

venues.

As you review our proposal, please note that a final inspection trip is included with

expenses includedfor the group as pre-arranged with the specification committee.Thorough & complete operations and maintenance training exercises will be

conductedfor a minimum of three (3) days commencing upon delivery. It is ourintention to be certain that the fire department is completely satisfied not onlywith thefinished product but also with a thorough familiarization session that will

be conducted at your department with a qualified f̀actory employed" Sutphen

training engineer.

lSutphen o. oration

PQ Box 158 ' Amlin, OH 43002- 01586450 Eiterman Road o Dublin, OH 43016- 8711

Tel 614 889- 1005 * Ton Free 800 848- 5860 • Fax 614 889- 0874'

www.sutphen.cont Sutpheri@sutpheneorp. com

SOT NpHE

Stock #389 SPH- 100 Modifications

In addition to the detailed specifications, attached herein for your review, the following items41.4have been added and are included in our proposal per your request:

444 1) Coat hooks on stainless steel exterior cab grab handles2) Exchange map console for the " non- angled" notebook version3) Delete two (2) forward facing seats, add EMS compartment with netting

414 anchored/ secured at top4) Furnish one( 1) flip-down seat on rear wall officer' s side5) Install SCBA Secural bracket for driver- left rear cab floor6) Computer tray for officer with 12V power tap7) Safety Vision right side color camera8) One (1) 3" X 5" stortz fitting11,,)

9) Pair of Rigid Industries Dually 2 LED outrigger spot lights10) Stokes compartment mounted base section of boom with additional 14 ft. roof ladder

mounted on opposite side

The compartment layout will be as follows:

Left side: Furnish aluminum mounting back plate in 1- 2 next to breaker box, vertical tool boardwith fixed divider and two( 2) shelves in L- 3, ladder belt hooks in L- 4, one( 1) shelf in L-5, roll-out tray in A-1 on poly slides.

Right side: Small shelf with 2 " lip in R- 1, " Georgetown style" vertical tool board in R- 3, one( 1)shelf& one (1) 600 lb. roll-out drawer in R- 4& R5, one( 1) shelf in R- 6.

SUTPHE9e


Maumelle, Arkansas

May 12, 2014

Mayor Watson, At the request of Chief Payne, I am pleased to offer insight on the BuyBoard aerial

platform specification and contract# 399- 12 as it relates to Sutphen Stock# 389 and its subsequent

layout. It must be stated that the BuyBoard specifications, as published, comprise a total of less thanforty( 40) words and are bare minimums. The most important part of this very brief guidelinespecification is that the manufacturer( bidder) must offer an apparatus that shall be built to meet the

minimum NFPA 1901 Standards..... National Fire Protection Association. NFPA provides the fire service

an outline that suggests the type of equipment to be carried on the many different types of fire

apparatus but most importantly, the minimum safety and performance standards that manufacturers

must meet. A couple of examples that immediately indicate why the base prices on these rigs are much

lower than that which the customer ultimately purchases would be the lack of description surroundingthe cab layout, engine size, transmission, electrical descriptions, compartment space with non-specified

body building material, number of platform turret monitors, overall travel length, number of sections

comprising the aerial and so forth. I am attaching the BuyBoard specification for your review and itshould be noted, again, that this fire apparatus consortium requires the basic" minimum" standards be

submitted in all of the emergency apparatus categories ie: tankers to pumpers to aerials of all sizes andtypes. The fire department then explores the massive" Options" listings in order to design a truck that

meets the demanding requirements of the jurisdictions they are expected to protect and serve.

It is also crucial to know that Sutphen manufactures three( 3) different models of 100 foot+ aerial

platforms. The SP- 100 is a 4- section base unit that we might make one ( 1) a year. In my 32 years with

Sutphen, I have never sold this model as it is much too long in overall length& wheel base, does not

have the performance characteristics that I endorse and is available to compete against other platforms

in this price range and class.... most of which are much cheaper 3- section designs. We also make a 5-

section 110 foot aerial platform that comes much closer to the SPH- 100 in its performance but has the

same overall length issues that are cumbersome for municipalities. The 110 is often the choice of

Industry as massive flows are more important than the traveling size for industries and the 110 isdesigned for just that. The SPH- 100 is the Sutphen Flagship.... period and is held in that regard

throughout the fire service. The SP- 100 lists at$ 891,287, the SP- 110 for$ 989, 323 while the SPH- 100 lists

at$ 965, 843 on the BuyBoard.

I will go through our ninety( 90) page proposal and highlight the numerous included options that are inaddition to the BuyBoard Base Specification for the Sutphen SPH- 100 FT. Mid- Mount Aerial Platform

offered to your community.

1) Final Inspection Trip2) Delivery& training by a factory trained specialist3) Heavy Duty 320 amp alternator and electrical system4) 500 HP ISX Cummins with Allisson 4000 series transmission and Spicer/ Dana 1810 HD Drive line

base spec is 400 HP ISL- 9 Cummins with light duty Allison 3000 series transmission, 1710Drive line)

5) Cab interior customized to include such things as computer slide-out tray for officer with power,

air- ride driver' s seat, Bostrom" Securar SCBA crew seats. EMS compartment, console notebook

storage for building maps, schematics etc., power windows, additional interior grab safetyhandles, all LED interior lighting( overhead& steps) verses standard halogen, heated mirrors,

daytime running lights6) Kussmaul Battery Charger& Compressor with Super Auto- Eject feature

7) " Severe Climate" 80,000 BTU HVAC system designed for southern climates

8) Waterous CSU Fire Pump( Hale is standard)9) Fire Research" Pump Boss" Pressure Governor

10) Brushed Stainless Steel pump Panels( Black Vinyl std.)

11) Three( 3) crosslays( two 1%" and one 23/21

12) LED Pump Panel Lights

13) Painted R. O. M. roll- up doors14) Over 300 cubic feet of compartment space( high sides rescue style) with seven (7) spare SCBA

spare cylinder compartments( 150 cu ft. specified)

15) Extensive shelving and roll-out drawers allowance

16) Turtle Tile shelf& compartment matting

17) Fiberglass wheel liners

18) Unistrut Track in all compartments

19) Safety Vision Back- Up Camera

20) Right side Safety Vision color camera21) Weather Band Radio with speakers

22) LED strip lighting( halogen lighting std, throughout) in all compartments23) LED Quad Whelen Rear Tail Light Assemblies

24) LED step, undercarriage, ICC and Britax Marker lights

25) LED Unity rear work lights

26) Complete Whelen Roto- Beam LED Warning Light System27) Federal Q2B Mechanical Siren in addition to Whe len electronic siren

28) Harrison 10KW Hydraulic Generator( note: generators, scene lights, work lights, cord reels, 120V

outlets, etc. are not an NFPA standard or part of a manufacturer' s minimum base unit)

29) 16 GFI Circuit Breaker Box

30) Two 120 volt outlets in fenderwells

31) Hannay Electric Cord Reel with 200 FT of 12/ 3 power cable

32) Four( 4) way junction Box33) 240 Volt outlet in Platform

34) Three( 3) 240 volt Fire Research Spectra LED Platform lights

35) 12 Volt Fire Research 20K Lumens LED Cab Brow Light

36) Two( 2) Telescopic FRC 240V LED lights( work Lights)

37) Two( 2) Rigid Industries Dually-2 LED outrigger spot lights38) 2- Tone paint

39) Lettering& 6" Striping

40) Diamond grade rear Chevrons

41) 10" Lettering for Boom Signs42) Stokes Compartment base section of boom

43) Additional 14 ft. ground ladder opposite side base section of boom

44) Complete LED Ladder Lighting System (verses four Unity 6 Halogen Spotlights)

45) Whelen Micro Pioneer LED boom tracking lights46) Dual 1250 GPM platform monitors

47) One( 1) monitor Elkhart Cobra RF( remote controlled)

48) WHelen Micro Pioneer Platform Light in bucket

49) Parapet Ladder built into Plaform

SO) Stokes Arms built into front of platform

There are countless other options that are a part of Stock# 389. Not the least of which are a

customization of the way in which the# 304 stainless steel compartments are finished with shelves,trays, roll-out drawers, tool boards, ladder belt hooks etc. While the" base unit SPH- 100 meets and

exceeds the NFPA minimum requirements as well as the BuyBoard specifications, I trust the above

abbreviated listing further explains our offer to you in a manner that everyone understands. The lasttwo( 2) Sutphen SPH- 100' s that I have been fortunate enough to be a part of and place under contract

ie: Kerrville, Texas and Sheldon Community Fire& Rescue ( Houston) exceeded the dollar amount of our

current offer to the City of Maumelle for a very similar Sutphen SPH- 100. Both departments purchasedtrucks that were built with a 10- 12 month construction time frame. Kerrville' s base price was

approximately$ 1, 136,000 in February 2014, Sheldon was$ 1, 090,000 in 2013. Both were purchased viathe BuyBoard and the aforementioned prices are prior to any pre-payment discount options.

Mayor Watson, if I may be of further assistance to you or any of your council members, it will be mypleasure to do so.

Sincerely and with best regards,

J. Dean Shumaker

1

i

w - s0

2

G

E

0

n.-

s

EC

w 0xw

Q` 117 Q. O C? :. t0 O 6 t7 .. 0a rl >. rb 7+ it1 U) Q p Wu_

tw O gypp? ° d Co< 0Q0,

W

LU"g 0

0.,. Z, c2. r g ..k.:,-

N.-. tOLL y 44

totes,.

a)) N.. 4

orb air c . f° c: t.9 prn 1 ' x 3`

m c > x / >, c § o >.

Totza. A-- k'„, n s, CZ3

c— camI

cis - cvc clo 'zi o 00 1300tr F-

oFr

cc• 2c5 ocE-0 . 8E2s .,c¢

cv

m

0w urr v To'

rnIn0- 3 0. nayr

Em ornS'§ m m. f4 to

mw®; cf° Coosa ° OaiEc c8 c

HU2a` 0- 0 mO .

7 0.0 a m40 =

mas . E)

0.0 0 ,) C C, ( C or013 wroa.

E

rn

LL Cr _ LS.,,,, E: t1 f N E.,_,. 5 E c"

1r b S.

to3 0E= a. 4).

E0E_ gc t ? Ec! o Ec ,_3r a.

aEECUE - E - -

30 0oa o =CIA- a©`E m,_ t1. E `- .= n. E tr - LL d o.

n' .g• as̀: Z0.„E t t

Qwr2' RZr® c 2 otsO C z m; a` 0 03 0. ov m C12 =.inc•Ic,c..9 E`-

4Ct E E o f ` E O E b e U EE C t,

E' c

w08u< O8itsan

ou`maa O8mE 0 $ mEg3Wm

0 c S 0 oQt 0 c 0 ' c 0 c EIL

eu-U. N Z 4 m. ti Z o ..--Cr: co Z Cr ,-- w: iq N .'- LL CC C,

mom- 4- 1- tg a;d-)

w-

W

0' 2 U aC x 0 == U x 0 4= x0 ;* C̀O

a O u v Co aOa Co 0Ott oCIaZ

1.: 0

E'

7' 11'7' 11 ito io t_® L c

t U o0

o m o E o om E E E 0 m E E

c d c38-4 00< 00< U0 < U$<J, I J: J0 t

0. C '< yr

Q

C¢a_ o 7 2 =

0 c C...30

m e C 0 C 0 G y2 C 0 Ga TJ t7 VVV tli L to ar fF Lo c o

cos

1- u) 0 000 000 000 Uaa c.) aaN c, N d 28a C m 91amp; o $ a)

ry 9. q ,_ a am@LLl Q. : a W 4.Lit. W: 0.W w ii: ELI ill d Ell

LUCOY. W

E , Coco

v E N coN M t+r

Z,:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MAUMELLE, PULASKI

COUNTY, ARKANSAS

RESOLUTION NO. 2014-22

A RESOLUTION TO AMEND THE 2014 GENERAL FUND BUDGET.

WHEREAS, the Fire department would like to appropriate money in the annual budgetfor an expenditure for a fire truck for the fire department;

WHEREAS, The Fire Department has located a vendor willing and able to provide a firetruck which meets the specifications provided and which is available sooner and under more

favorable circumstance; and,

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF

MAUMELLE, ARKANSAS, AS FOLLOWS:

Amend the General Fund Budget:

Description Account Number Current Revision +1- Revised

Budget Budget

Vehicles 101- 4320- 574130 7,000 1, 085, 608 1, 092,608

General Fund 101- 0000-253200 6,429,543 1, 085,608 5,343,935

Balance(Unaudited)

Approved this19th

day of May, 2014.


ATTEST:



Mayor Watson



Aye:

No:



COUNTY, ARKANSAS


A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF MAUMELLE TOEXECUTE AN INTERLOCAL AGREEMENT BETWEEN PULASKI COUNTY, ARKANSAS,

AND THE CITY OF MAUMELLE AND THE CITY OF NORTH LITTLE ROCK FOR

PURPOSES OF THE INSTALLATION OF AN ADAPTIVE TRAFFIC SYSTEM, AND FOR

OTHER PURPOSES

WHEREAS, the principal thoroughfare into and through the City of Maumelle is a state highway

known as State Highway 100 or Maumelle Boulevard; and

WHEREAS, Maumelle Boulevard has a number of traffic signals and travels through the

unincorporated areas of Pulaski County and the Cities of Maumelle and North Little Rock; and

WHEREAS, Residents of all areas are affected by the timing systems regulating the traffic lights

and traffic is controlled and sometimes, impeded thereby; and

WHEREAS, Pulaski County, North Little Rock, and Maumelle in collaboration with MetroPlan

and the Arkansas Highway and Transportation Department plan to work together to accomplish the

common goal of better synchronization of the thirteen ( 13) lights on Maumelle Boulevard with the belief

that this will assist in better traffic control and flow through the various jurisdictions; and

WHEREAS, it is desirable that an interlocal agreement be executed in order to fund and

coordinate the efforts of the parties in the construction and or installation of the Adaptive Traffic System

on Maumelle Boulevard as more formally described in the documents attached hereto.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF

MAUMELLE:

SECTION 1. The Mayor is authorized to execute the Interlocal Agreement and other documents

related to the project, attached hereto for reference, which provides for the funding and common efforts of

Pulaski County and the Cities of Maumelle and North Little Rock in the installation and or construction of

an Adaptive Traffic System on Maumelle Boulevard.

SECTION 2. Severability. In the event any title, section, paragraph, item, sentence, clause,

phrase, or word of this resolution is declared or adjudged to be invalid or unconstitutional, such

declaration or adjudication shall not affect the remaining portions of the resolutions which shall remain in

full force an effect as if the portion so declared or adjudged invalid or unconstitutional was not originally

a part of the resolution.

SECTION 3. Repealer. All laws, ordinances, resolutions, or parts of the same, that are

inconsistent with the provisions of this resolution, are hereby repealed to the extent of such inconsistency.

SECTION 4. This resolution shall be in full force and effect from and after its adoption.

Approved this19th

day of May, 2014.


ATTEST:



Mayor Watson



Aye:

No:

Page 2 of Resolution 2014- 23

EXHIBIT" A"

AGREEMENT BETWEEN PULASKI COUNTY, ARKANSAS, AND THE CITIES OF MAUMELLE, ARKANSAS, AND

NORTH LITTLE ROCK, ARKANSAS FOR A REGIONAL STRATEGIC NETWORK SYSTEM OPTIMIZATION

PROJECT -- ADAPTIVE SIGNAL CONTROL PROJECT FOR ARKANSAS STATE HIGHWAY 100 ( MAUMELLE

BOULEVARD)

Agreement made as of of May, 2014, between Pulaski County, Arkansas( the " County"); the City ofMaumelle, Arkansas(" Maumelle"); and the City of North Little Rock, Arkansas(" North Little Rock").

This Agreement is made pursuant to A.C. A. § 14- 14-910, which provides that a county may contract with

any political subdivision for any public purpose, and whereas, the respective governing bodies of eachentity have adopted a resolution expressing their willingness to utilize certain local funds and resourcesfor the implementation of the " Adaptive Signal Control Project for Maumelle Boulevard" ( The " Project").

As expressed in the Resolutions, the attributable funds available for this project at the following localparticipation ratios:

Estimated total cost of the project is $ 546, 000.00, which shall be subject to the above stated

federal/ county ratios of which 20% is the total local match requirement of the total project cost to be paid

by Pulaski County, Maumelle, and North Little Rock.

As determined by Metroplan, the number of affected traffic signals on Maumelle Boulevard in each of theabove named entities territorial limits is as follows:

ENTITY NUMBER OF TRAFFIC SIGNALS AS PERCENTAGE OF PROJECT

PULASKI COUNTY 2 15. 4%

MAUMELLE 6 46. 2%

NORTH LITTLE ROCK 5 38. 4%

TOTAL: 13 100%

Now therefore, the County, Maumelle, and North Little Rock agree as follows:

1. County Obligationsa. Upon completion of the project, the County shall be responsible for maintaining those

traffic lights on Maumelle Boulevard which are located within the County' s jurisdiction.b. The County shall be responsible for fifteen and four tenths percent ( 15. 4 %) of the total

local match funding of the project. Pulaski County will pay all initial costs of the projectup to and not to exceed its 15. 4% share of the total local match required.

c. The County shall be responsible for any easement or right-of-way acquisition within theCounty' s jurisdiction.

2. City of Maumelle Obligationsa. City of Maumelle shall serve as the lead agency for the project and collect funds from

Pulaski County and The City of North Little Rock.b. Upon completion of the project, Maumelle shall be responsible for maintaining the

portion of the traffic lights on Maumelle Boulevard which are located within Maumelle' s

jurisdiction.

c. Maumelle shall be responsible for forty six point and two tenths percent (46. 2 %) of the

total local match funding of the project. Maumelle will pay all initial costs of the projectup to and not to exceed its 46. 2 % share of the total local match required.

d. Maumelle shall be responsible for any easement or right-of-way acquisition within theMaumelle' s jurisdiction.

3. City of North Little Rock Obligationsa. Upon completion of the project, North Little Rock shall be responsible for maintaining the

portion of the traffic lights on Maumelle Boulevard which are located within North Little

Rock' s jurisdiction.

b. North Little Rock shall be responsible for thirty-eight and four tenths percent ( 38.4%) of

the total local match funding of the project. North Little Rock will pay all initial costs ofthe project up to and not to exceed its 38.4% share of the total local match required.

c. North Little Rock shall be responsible for any easement or right-of-way acquisition withinthe North Little Rock' s jurisdiction.

4. Duration

a. This agreement is effective upon authorization of the Pulaski County Judge and the CityCouncils of the Cities of Maumelle and North Little Rock and signature of the County Judgeand the Mayors of Maumelle and North Little Rock. The Agreement shall continue in full

force and effect until project completion.

5. General Provisions

a. This Agreement is intended to express the entire agreement between the parties.

b. This Agreement may be amended by mutual written agreement of the parties. No waiverby any party of any term or condition of this Agreement shall be deemed or construedwaiver of any other term or condition, nor shall a waiver of any breach be deemed toconstitute a waiver of any subsequent breach whether of the same or a differentprovision of this Agreement.

c. This Agreement shall be administered by the Pulaski County Judge or his/ her designee,the Mayor of the City of Maumelle, or his designee, and the Mayor of the City of NorthLittle Rock, or his designee. Each party shall notify the other of its designee, and at anytime thereafter of a change in designee.

IN WITNESS WHEREOF the parties have executed this Agreement.

Floyd G. " Buddy" Villines, Pulaski County Judge

B. Michael Watson, Mayor of the City of Maumelle

Joe Smith, Mayor of the City of North Little Rock

Approved as to form:

Karla Burnett, Pulaski County Attorney

JaNan Arnold Davis, Maumelle City Attorney

Jason Carter, North Little Rock City Attorney

AGREEMENT OF UNDERSTANDING

BETWEEN

METROPLAN, PULASKI COUNTY, THE CITIES OF MAUMELLE AND NORTH LITTLE ROCK

AND

THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT

Adaptive Signal Control Project for Maumelle Boulevard to be funded under the Optimization

Improvements on the Regional Strategic Network in FY2014.

WHEREAS, this project consists of the installation of" Adaptive Traffic System" equipment at 13 existingsignalized intersections along Arkansas State Highway 100 ( Maumelle Boulevard) within three

jurisdictions— North Little Rock, Maumelle and Pulaski County ( see attached map). A study prepared bythe Arkansas Highway and Transportation Department( AHTD) indicates that the project is warranted and

that an adaptive system would have a significant impact on vehicle delay along the Highway 100 corridor;and

WHEREAS, two of the 13 intersections are located in Pulaski County; six intersections are located inMaumelle; and five intersections are located in North Little Rock; and

WHEREAS, the cost per intersection for the "Adaptive Traffic System" can vary slightly due to installationcosts and the number of pedestrian crossings at each intersection; however, the estimated cost is

30, 000.00 to $ 42,000.00 per intersection. Calculating $ 42,000 for each of the 13 intersections, the

maximum, total estimated project cost is$ 546,000.00; and

WHEREAS, Metroplan, the County, Maumelle, and North Little Rock know of no legal impediments tothe completion of the project; and

WHEREAS, The City of Maumelle will act as the lead agency for the Project and collect funds from TheCounty and North Little Rock; and

WHEREAS, the Metroplan Board of Directors has authorized the Staff of Metroplan to enter into any

necessary agreements for the Project; and

WHEREAS, Metroplan has selected a consultant to provide environmental documentation, plans,

specifications and a cost estimate; and

WHEREAS, Metroplan will select a consultant to perform construction inspection for the Project usingtheir approved procedures; and

WHEREAS, Metroplan wishes to be reimbursed with 80% federal funds for administration costs incurred

by Metroplan staff in dealing with the consultant contract for the Project; and

WHEREAS, it is specifically agreed between the parties executing this agreement that it is not intendedby any of the provisions or any part of the agreement to make the public or any member thereof a sixth

party beneficiary hereunder or to authorize anyone not a party to this agreement to maintain a suit oraction for injuries or damage of any nature pursuant to the terms or provisions of this agreement; and

WHEREAS, the County, Maumelle, North Little Rock, and Metroplan, and Arkansas State Highway andTransportation Department( hereinafter called the " Department") will adhere to the General

Requirements and Sub- Recipients Concerning Disadvantaged Business Enterprises( DBEs) ( Attachment

A) and that, as a part of these requirements, the Department may set goals for DBE participation in theProject, ranging from 0% to 100%, that are practical and related to the potential availability of DBEs in

desired areas of expertise.

IT IS HEREBY AGREED that the County, Maumelle, North Little Rock, Metroplan, and Department, in

cooperation with the Federal Highway Administration (FHWA), will participate in a cooperation programfor implementation of the Project and will accept the responsibilities and assigned duties as described

hereinafter.

METROPLAN WILL:

1. Be responsible for preparation of the plans, specifications, and cost estimate for construction. A

registered professional engineer must sign the plans and specifications for the Project.

2. Be responsible for all required environmental documentation.

3. Receive the necessary 20% match for the consultant contract from Maumelle.

4. Issue a work order to the consultant after receiving FWHA authorization and Department

approval to proceed with preliminary and construction engineering. NOTE: FHWA authorizationand Department approval must be given prior to issuing a work order to the consultant forfederal funds to be allowed in this phase.

5. Make periodic payments to the consultant for environmental documentation, design, and

construction inspection for the Project and request reimbursement from the Department.

6. Ensure that the plans and specifications are developed using the Department' s standard

drawings and the " Standard Specifications for Highway Construction ( latest edition)".7. Ensure that the plans and specifications comply with the Americans with Disabilities Act (ADA),

the American Association of State Highway and Transportation Officials (AASHTO) designstandards, and all other applicable state and federal regulations, including Airport Clearance

when necessary, for the type of work involved.8. Maintain accounting records to adequately support reimbursement with federal funds for costs

directly associated with its administration of the consultant contract for the Project.a. Eligible administrative costs are limited to salaries, expenses, and incidental costs

incurred by Metroplan associated with:i. Processing of payments to the consultant,

ii. Processing of submittals to the Department for reimbursement for theconsultant billings,

iii. Processing any necessary changes to the consultant contract,iv. Consultant contract monitoring and scheduling compliance, andv. Coordination between the Department, the County, and the consultant

pertaining, but not limited to, the following project tasks:1. Environmental documentation by the consultant,2. Right-of-way acquisition, and

3. Submittal of plans, specifications, and cost estimates.

b. Ineligible costs include, but are not limited to, costs associated with:

i. Review of environmental documentation,

ii. Review of right-of-way documentation,iii. Review of plans and specifications for design,

iv. Supplies used by the consultant, the County, Maumelle, or North Little Rockforces and

v. All administrative cost incurred by Metroplan prior to FHWA authorization andDepartment approval.

9. Submit quarterly reimbursement requests( See Attachment B) to the Planning and ResearchDivision of the Department for Metroplan administrative costs associated with the consultant' s

preliminary and construction engineering contract.

10. Notify the Department upon submission of the final reimbursement request.11. Sign and transmit to the Department the Certification for Grants, Loans, and Cooperative

Agreement (Attachment I) which is necessary for Federal- aid participation.

12. Indemnify and hold harmless the Arkansas State Highway Commission, the Department, itsofficers and employees from any and all claims, lawsuits, judgments, damages, costs, expenses,

and losses, including those arising from claims before the Arkansas Claims Commission orlawsuits brought in any other legal form, sustained on account of the operations or actions of

Metroplan, including any act of omission, neglect or misconduct of Metroplan. Further,Metroplan shall take no action to compromise the immunity from civil suits afforded the State

of Arkansas, the State Highway Commission, Arkansas Code 19- 10- 305, or the 11th Amendmentof the United States Constitution. This obligation of indemnification shall survive the

termination or expiration of this Agreement.

13. Assure that its policies and practices with regard to its employees, any part of whose

compensation is reimbursed from federal funds, will be without regard to race, color, religion,

sex, national origin, age, or disability in compliance with the Civil Rights Act of 1964, the AgeDiscrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990, as

amended, the Title 49 of the Code of Federal Regulations Part 21 ( 49 CFR 21), Nondiscrimination

in Federally-Assisted Programs of the Department of Transportation.14. Submit to the Department a Single Audit in accordance with the Office of Management and

Budget( OMB) Circular A- 133 each fiscal year that Metroplan expends more than $500,000 of

Federal- aid from any federal source including, but not limited to, the US Department of

Transportation. The fiscal year used for the reporting is based on Metroplan' s fiscal year. The500,000 threshold is subject to change after OMB periodic reviews.

MAUMELLE WILL:

1. Transmit to the Department a signed and sealed Resolution from the City Council whichrequests the Project and authorizes Maumelle Mayor or his designated representative to

execute agreements and contracts with the Department, the County, North Little Rock, andMetroplan for the Project.

2. Be responsible for collecting any necessary funds from County and North Little Rock for theirrespective share of costs of the various phases.

3. Initially submit to the Department$ 1, 000 to be matched by$ 4,000( 80%) STP- Attributable funds

for state preliminary engineering, which includes the meetings, environmental review, and planand specification review. Maumelle' s final share of the cost for this phase will be determined byactual Department charges to preliminary engineering.

4. Submit the necessary 20% match for the consultant contract to Metroplan for preliminary and

construction engineering.

5. Be responsible for 20% of the cost of the right-of-way, utilities, and construction. NOTE:

expenditures for work performed by Maumelle forces are not eligible for reimbursement bySTP- Attributable funds.

6. Before acquiring property, submit a letter to the Right of Way Division of the Department which

either( 1) stipulates the services relative to right-of-way acquisition, appraisal, relocation, andutilities that Maumelle will assume or( 2) requests that the Department handle some or all of

these services. Acquisition of property must be accomplished in accordance with the UniformRelocation Assistance and Real Property Acquisition Policies of 1970, as amended (commonlyreferred to as the " Uniform Act"). NOTE: Failure to notify the Department prior to initiating thisphase of work may result in all Project expenditure being declared non- participating in federalfunds.

7. Any property that is to become County, Maumelle, North Little Rock, or Department right-of-

way must be acquired in Maumelle' s, The County' s, North Little Rock' s or the Department' sname, respectively.

8. Provide a copy of the registered deed or an appropriate certification stating the clear and

unencumbered title to any right-of-way to be used for the Project( Attachment C).9. Be responsible for 100% of all preliminary engineering, right-of-way, utilities, and other costs

incurred should be Maumelle not enter into the construction phase of the Project.

10. Submit a certification letter( Attachment D), including all items noted, to the Department when

requesting authority to advertise the Project for construction bids.11. Advertise for bids in accordance with federal procedures( Attachment E).

12. Forward a copy of all addenda to the Project during the advertisement to the Department.

13. Prior to awarding the contract for construction, submit to the Department$ 1, 000 to bematched by$ 4,000( 80%) STP- Attributable funds for Department administrative costs on the

Project during construction. Maumelle' s final share of cost for this phase will be determined by

actual Department charges to construction engineering.

14. After bids are opened and reviewed, submit a certification (Attachment F), including all itemsnoted, to the Department and request concurrence in award of the contract.

15. Have a full-time employee of Maumelle in responsible charge during construction of the Project.

16. Ensure that all work, material testing and acceptance, and inspection is conducted in accordancewith the Department' s Standard Specifications for Highway Construction ( latest edition), Manual

with Field Sampling and Testing Procedures, and Resident Engineer' s Manual and with the plans,specifications, and all other applicable FHWA and Department procedures for the Project.

17. Make payments to the contractor for work accomplished in accordance with the plans and

specifications and then request reimbursement from the Department on the Construction

Certification and Reimbursement Request form (Attachment G).

18. Prior to execution, submit contract change orders to the Department' s Resident Engineer in

charge of reimbursements for review and approval.

19. Maintain and provide to the Department a current list of all subcontractors for the Project that

shows names, addresses, and a general description of work each is to perform.

20. Maintain accounting records to adequately support reimbursement with Federal- aid funds andbe responsible for the inspection, measurement and documentation of pay items, and

certification of all work in accordance with the plans and specifications for the Project and for

monitoring the Contractor and subcontractor( s) for compliance with the provisions of FHWA-1273, Required Contract Provisions, Federal- aid Construction Contracts, and Supplements.

21. Upon completion of the Project, submit the final Construction Certification and Reimbursement

Request to certify that the Project was accomplished in accordance with the plans andspecifications (Attachment G).

22. Be responsible for all costs not provided by the Federal Highway Administration.

23. Be responsible for any and all expenditures which may be declared non- participating in federal

funds, including any such award by the State Claims Commission.24. Repay to the Department the federal share of the cost of the Project if for any reason the

Federal Highway Administration removes federal participation.

25. Indemnify and hold harmless the Arkansas State Highway Commission, the Department, its

officers and employees from any and all claims, lawsuits, judgments, damages, costs, expenses,

and losses, including those arising from claims before the Arkansas Claims Commission or

lawsuits brought in any other legal form, sustained on account of the operations or actions ofCounty, including any act of omission, neglect or misconduct of said County. Further, Maumelleshall take no action to compromise the immunity from civil suits afforded the State of Arkansas,

the State Highway Commission, Arkansas Code 19- 10-305, or the 11th Amendment of the UnitedStates Constitution. This obligation of indemnification shall survive the termination or

expiration of this Agreement.

26. Pay all unpaid claims for all materials, labor, and supplies entered into contingent or incidental

to the construction of said work or used in the court of said work including but not limited tomaterials, labor, and supplies described in and provided for in Act Nos. 65 and 368 of 1929, Act

No. 82 of 1935, and Acts amendatory thereof.

27. Be responsible for satisfactory maintenance and operation of all improvements, in Maumelle' s

jurisdiction, on the Project and for adopting regulations and ordinances as necessary to ensure

this. Failure to adequately maintain and operate the Project in accordance with Federal- aid

requirements may result in Maumelle' s repayment of federal funds and may result in

withholding all future Federal- aid.

28. Be responsible for the necessary enforcement of operations as required by improvements on

the Arkansas State Highway System and county roads.29. Retain total, direct control over the portion of the Project located in Maumelle' s jurisdiction

throughout the life of all project improvements and not, without prior approval from the

Department:

a. Sell, transfer, or otherwise abandon any portion of the Project;b. Change the intended use of the Project;

c. Make significant alterations to any improvements construction with Federal- aid funds;or

d. Cease maintenance or operation of a project due to the Project' s obsolescence.

30. Promptly notify the Department if the Project improvements in Maumelle' s jurisdiction are

rendered unfit for continued use by natural disaster or other cause.31. Retain all records relating to inspection and certification, the Contractor' s billing statements,

and any other files necessary to document the performance and completion of work in

accordance with requirements of 49 CFR 18. 42— Uniform Administrative Requirements for

Grants and Cooperative Agreements to State and Local Governments (Attachment H).

32. Grant the right of access to Maumelle' s records pertinent to the Project and the right to audit by

the Department and Federal Highway Administration officials.p g Y

33. Sign and transmit to the Department the Certification for Grants, Loans, and Cooperative

Agreements( Attachment J), which is necessary for Federal- aid participation.

34. Assure that its policies and practices with regard to its employees, any part of whosecompensation is reimbursed from federal funds, will be without regard to race, color, religion,



in Federally-Assisted Programs of the Department of Transportation.35. Submit to the Department a Single Audit in accordance with the Office of Management and

Budget (OMB) Circular A- 133 each fiscal year that Maumelle expends more than $500,000 of

Federal-aid from any federal source including, but not limited to, the US Department of

Transportation. The fiscal year used for the reporting is based on Maumelle' s fiscal year. The500,000 threshold is subject to change after OMB periodic reviews.

36. Repay to the Department the federal share of the cost of any portion of the Project if, for anyreason, federal participation is removed due to actions in inactions of Maumelle, its agents, its

employees, or its assigns or Maumelle' s consultants or contractors or their agents. Such actions

or inactions shall include, but are not limited to, federal non- participation arising from problemswith design plans, specifications, construction, inspection, or contractor payment procedures.

Maumelle understands and agrees that the Department may cause necessaryry funds to be

withheld from Maumelle' s gasoline tax allotment should Maumelle fail to pay the Department

any required funds, fail to complete the Project as specified, or fail to adequately maintain orY q p Project p q Y

operate the Project.

The COUNTY WILL:

1. Be responsible for providing necessary funds to the Maumelle when requested. Be

responsible for satisfactory maintenance and operation of all improvements, in the

County' s jurisdiction, on the Project and for adopting regulations and ordinances as

necessary to ensure this. Failure to adequately maintain and operate the Project in

accordance with Federal- aid requirements may result in The County' s repayment of federalfunds and may result in withholding all future Federal- aid.

2. Be responsible for the necessary enforcement of operations as required by improvements

on the Arkansas State Highway System and local streets.3. Retain total, direct control over the portion of the Project located in The County' s

jurisdiction throughout the life of all project improvements and not, without prior approval

from the Department:


c. Make significant alterations to any improvements construction with Federal- aidfunds; or


4. Promptly notify the Department if the Project improvements in The County' s jurisdictionare rendered unfit for continued use by natural disaster or other cause.

5. Grant the right of access to The County' s records pertinent to the Project and the right to

audit by the Department and Federal Highway Administration officials.6. Sign and transmit to the Department the Certification for Grants, Loans, and Cooperative

Agreements( Attachment K), which is necessary for Federal- aid participation.7. Indemnify and hold harmless the Arkansas State Highway Commission, the Department, its

officers and employees from any and all claims, lawsuits, judgments, damages, costs,expenses, and losses, including those arising from claims before the Arkansas Claims

Commission or lawsuits brought in any other legal form, sustained on account of the

operations or actions of The County, including any act of omission, neglect or misconduct of

The County. Further, The County shall take no action to compromise the immunity from

civil suits afforded the State of Arkansas, the State Highway Commission, Arkansas Code 19-10-305, or the 11th Amendment of the United States Constitution. This obligation of

indemnification shall survive the termination or expiration of this Agreement.

8. Assure that its policies and practices with regard to its employees, any part of whose

compensation is reimbursed from federal funds, will be without regard to race, color,

religion, sex, national origin, age, or disability in compliance with the Civil Rights Act of1964, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities

Act of 1990, as amended, the Title 49 of the Code of Federal Regulations Part 21 ( 49 CFR

21), Nondiscrimination in Federally-Assisted Programs of the Department of Transportation.

NORTH LITTLE ROCK WILL:

1. Be responsible for providing necessary funds to Maumelle when requested.2. Be responsible for satisfactory maintenance and operation of all improvements, in North Little

Rock' s jurisdiction, on the Project and for adopting regulations and ordinances as necessary to

ensure this. Failure to adequately maintain and operate the Project in accordance with Federal-

aid requirements may result in North Little Rock' s repayment of federal funds and may result inwithholding all future Federal- aid.

3. Be responsible for the necessary enforcement of operations as required by improvements onthe Arkansas State Highway System and local streets.

4. Retain total, direct control over the portion of the Project located in North Little Rock' s

jurisdiction throughout the life of all project improvements and not, without prior approval from

the Department:


c. Make significant alterations to any improvements construction with Federal- aidfunds; or


5. Promptly notify the Department if the Project improvements in North Little Rock' s jurisdiction

are rendered unfit for continued use by natural disaster or other cause.6. Grant the right of access to North Little Rock' s records pertinent to the Project and the right to

audit by the Department and Federal Highway Administration officials.

7. Sign and transmit to the Department the Certification for Grants, Loans, and Cooperative

Agreements( Attachment L), which is necessary for Federal- aid participation.8. Indemnify and hold harmless the Arkansas State Highway Commission, the Department, its

officers and employees from any and all claims, lawsuits, judgments, damages, costs, expenses,and losses, including those arising from claims before the Arkansas Claims Commission or

lawsuits brought in any other legal form, sustained on account of the operations or actions of

North Little Rock, including any act of omission, neglect or misconduct of North Little Rock.

Further, North Little Rock shall take no action to compromise the immunity from civil suits

afforded the State of Arkansas, the State Highway Commission, Arkansas Code 19- 10- 305, or the11th Amendment of the United States Constitution. This obligation of indemnification shall

survive the termination or expiration of this Agreement.

9. Assure that its policies and practices with regard to its employees, any part of whosecompensation is reimbursed from federal funds, will be without regard to race, color, religion,



in Federally-Assisted Programs of the Department of Transportation.

THE DEPARTMENT WILL:

1. Maintain an administrative file for the Project and be responsible for administering Federal- aidfunds.

2. Review the proposed consultant contract for preliminary and construction engineering and

obtain authorization from FHWA prior to approving the contract.3. Issue notice to proceed to Metroplan and Maumelle after receiving FHWA authorizations.4. Upon receipt of the necessary documentation, reimburse Metroplan 80% of the consultant

costs.

5. Be responsible for reviewing environmental documentation submitted by Metroplan.6. Reimburse Metroplan for eligible administrative costs.

7. Upon receipt of the necessary documentation, reimburse Maumelle 80% of eligible costs up to

the maximum Federal- aid approved for the Project.

8. When requested, provide the necessary services relative to right-of-way acquisition, appraisal,

relocation, and utility adjustments and will be reimbursed for costs involved in performing theseservices.

9. Upon receipt of Maumelle' s certification of right-of-way (property) ownership, provide theappropriate documentation to the file.

10. Be responsible for reviewing plans and specifications submitted by Metroplan.

11. Ensure substantial compliance with Federal contracting requirements through review of the

bidding proposal to ensure inclusion of required Federal forms, review of the administration ofthe DBE program provisions, and general compliance with 23 CFR 635.

12. Advise Maumelle when to proceed with advertisement of the Project for construction bids.

13. Review and concur in award of the construction contract for the Project.

14. Review and approve any necessary change orders for project/ program eligibility.15. Ensure that Metroplan' s consultant and Maumelle provide adequate supervision and inspection

of the project by performing periodic inspections with County contractor, and documented and

certified by Maumelle, meets the requirements of the project plans, specifications, and allapplicable FHWA and Department procedures. The Department intends to perform these

inspections when the construction work is approximately 10% and 50% completed. The

Department will also participate in the final inspection of the project.

16. Be reimbursed for costs involved in performing all the services listed above.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY MAUMELLE, COUNTY OF

PULASKI, STATE OF ARKANSAS



A RESOLUTION AUTHORIZING THE PURCHASE OF PROPERTY, NAMELY A

PARCEL CONSISTING OF APPROXIMATELY 6.04 ACRES ON CLUB MANOR

DRIVE IN THE CITY OF MAUMELLE AND FOR OTHER PURPOSES

WHEREAS, the City of Maumelle seeks land upon which to build a fire station; and,

WHEREAS, the Council finds that it is advisable or necessary to purchase land incontemplation of the construction of a fire station and or other improvements in the area of Club

Manor Drive in the City of Maumelle; and

WHEREAS, the Council wishes to accept and approve a real estate contract negotiated

by the Mayor for this purpose;

WHEREAS, the City Council desires to purchase property on Club Manor Driveconsisting of approximately 6. 04 acres from Maumelle Assisted Living Center, LLC.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE

CITY OF MAUMELLE, ARKANSAS, AS FOLLOWS:

SECTION 1. The City Council finds that the purchase of the property authorized herein is for apublic purpose for which the City Council has authority to act. The City Council herebyapproves and accepts that Counter offer of the Seller( Maumelle Assisted Living Center, LLC)for the purchase price of$3. 25 per square foot for approximately 6. 04 acres as more fullyidentified in the contract attached hereto.

SECTION 2. By the adoption of this resolution, the Council expressly declines the offer topurchase only a smaller portion of the tract which would have consisted of approximately 1. 31acres.

SECTION 3. By separate resolution, the Council shall appropriate the funds for the purchaseauthorized.

SECTION 4. The City Council authorizes the Mayor to sign or negotiate any deeds, contracts,or other documents necessary to carry out the expressed will of the Council on this subject.

SECTION 5. The City Council understands that the purchase of the property may be contingentupon other inspections or actions as fully described in the Real Estate Contract attached.

SECTION 6. The provisions of this Resolution are hereby declared to be severable. If anysection, phrase or provision shall be declared or held invalid, such invalidity shall not affect theremainder of the sections, phrases or provisions.

Approved this19th

day of May, 2014.


ATTEST:



Mayor Watson



Aye:

No:


Seller's Counter to the Gopyr' g'"2014

Real Estate Contract Arkansasvnt we,na REALTORS°

Page 1 of 2ttrni: rc. u

14:36/014-1, tn, tY

A9sotietion

Form Serial Number: 013177-400139-9672255

The Real Estate Contract( Form Serial Number 071000-500139.9407401

dated ( month) May day)__.. 7 ( year) 2014 , between Buyer, V

The City of Maumalte and Seller,

Maumelle Assisted Living Center, LLC covering the real propertyknown as• Lot 4 consisting of approx 1. 31 acres and/or all 6.04 acres

the" Property"), is not accepted in its present form; therefore, the following counter offer Is hereby submitted:1) The exaltation date of City offer dated 5-744 to be extended to 5- 12-142 Purchase rice for trot 4 consistin of a proximately 1. 31 acres to be$ 3.00 persq ft with the /

S! 4construction of the street.

3) Purchase price of the entire 6.04 acres to be$ 3.25 per sq ft.

ten.... r...+...+ n......... u-..-.+.•.. n...w. n.-......+- w.. y. w+...

OTHER TERMS: All other terms as provided in the initial Real Estate Contract are incorporated herein byreference and shall remain exactly as set forth therein, solely except those amended above,

RIGHT..TQ A.C.cEPT..QTklif, R._O.FFt RSw$ ellar.reseives. the_rigli#_to accept any other.offer pripr.to.actual_receiptby Listing Firm of an executed and accepted copy of this Seller' s Counter to the Real Estate Contract.

SIGNATURES-APPEAR ON' PAGE 2 OF 2- . . . . .......

Pagel of 2). . .

6ortepa;, 0131714 0130 a7z3ee

Premed by: Ma* eingmon I RecUx( MVOs Murso, Inn. { mbh(ynrn , Pmmdly.aan r 1

Seller's Counter to the Copyright

2014

Real Estate Contract Arkansas

Rt.lu.T(? tt" rani aev , Nt REALTORS,'

Page 2 of 2OPPenraN{ TV

AAssociation

COUNTERPARTS: This Seller's Counter Offer to the Real Estate Contract may be executed in multiple {

t

counterparts each of which shall be regarded as an original hereof but all of which together shall constitute one inthe same.

EXPIRATION OF COUNTER: This Seller's Counter Offer to the Real Estate Contract expires If not accepted onor before( month) Ma r_.....

w..__( day)._......'' __, ( Year} 2914 , at..... Noon ( a.rn.) Q(p.m.)

THIS IS A LEGALLY BINDING AGREEMENT WHEN SIGNED BY THE PARTIES BELOW. READ IT CAREFULLY. YOU MAY EMPLOY ANATTORNEY TO DRAFT THIS FORM FOR YOU. IF YOU DO NOT UNDERSTAND THE EFFECT OF ANY PART, CONSULT YOUR ATTORNEYBEFORE SIGNING. REAL ESTATE AGENTS CANNOT GIVE YOU LEGAL ADVICE. THE PARTIES SIGNED BELOW WAIVE THEIR RIGHT TOHAVE AN ATTORNEY DRAFT THIS FORM AND HAVE AUTHORIZED THE REAL ESTATE AGENT(S) TO FILL iN THE BLANKS ON THIS FORMTHIS FORM IS PRODUCED AND COPYRIGHTED BY THE ARKANSAS REALTORS° ASSOCIATION. THE SERIAL NUMBER BELOW is AUNQUE NUMBER NOT USED ON ANY OTHER FORM. THE SERIAL NUMBER BELOW SHOULD BE AN ORIGINAL PRINTING, NOTMACHINE COPIED, OTHERWISE THE FORM MAY HAVE BEEN ALTERED. DO NOT SIGN THIS FORM IF IT WAS PREPARED AFTERDECEMBER 31, 2014

FORM SERIAL NUMI ER: 013177^400139-9672255

The above Seller's Counter to the Real Estate Contract is xecuted on

month) / All day) q ,(year) 1t'Jl/., at , I'( .[ J (a. m.) k(p.m.)

Redtor P iillips . rse, Incw

Listing Firma r

Signature: 4.,.4:—....,.-- ,iriii Signature: 17..z.. _,,,

Rick Frc n Name: Maurnelle A - d Living CenterPrinted Name: Printed Name. gP'

lY : uf,ervis ng Grolier Seller

Signature: M. i• - Signature:

Printed Name: Mdr Bingman Printed Name:

Listing Agent Seller

The above Seller's Counter to the Real Estate Contract is executed on

month) /'?/,+/ -_( day)_ 1,V , (year) Zo/"*/, at 8:/ J. %( a.m,) U( p.m.)

Soiling Firm

Signature: Signature:6AI.41, L WifTJO./ •••',-

f,/O 4C

Printed Name: Printed Name: __ ___ The City ofMauanellePrincipal or Supervising}Broker Buyer

Signature: Signature:

Printed Name:w ,,,,

Printed Name:

Selling Agent BuyerNW”. AMININOMSW

THIS COUNTER WAS REJECTED BY BUYERon ( month).. ...._--_____. .,(day).. year) _.._,. _, at f(a. m.) f_l̀( P. tn.)

Buyer's initials Buyer's initials .._....

Page 2 of 2)

xi* 0rArtrio,gr Q. pma65, I S) i•i i ln t i? t•_ l i t' i i.Vwow wino* snow I rrectot Phiaips Mace. hic. I mha sposep r oaity curt, 1 i

Real Estate Contract Copyright

AI2014

Commercial) Arkansas

REALTOR` OPPORTUNITY REALTORS®

Association

Page 1 of 12


1. PARTIES: The City of Maumelle

individually, or collectively, the "Buyer") offers to purchase, subject to the terms and conditions set forthherein, from Maumelle Assisted Living Center, LLC

individually or collectively, the" Seller"), the real property described in Paragraph 2 of this Real Estate Contractthe " Property").

2. ADDRESS AND LEGAL DESCRIPTION:

Buyer will purchase at least 1. 31 Acres of Land( no more than 1. 50 acres) as depicted as Lot 4 on the attached

Exhibit "A" or the entire 6.04 acres. New survey will determine exact acreage.

Land is located near the intersection of NW corner of Club Manor and Odom Blvd South, in Tract E-2, Maumelle

Town Center Addition, Maumelle, Pulaski County, AR 72113. Buyer will construct roadway as depicted on the

attached exhibit "A" if only Lot 4 is purchased. Seller will not charge a fee for the approximately 0.427 acres in

the proposed Roadway as shown on attached exhibit "A".

A more detailed legal description and survey to be provided by Buyer for the certification, use and benefit of

Seller, Buyer, any lender, title insurer and any real estate firm.

3. PURCHASE PRICE: Buyer shall pay the following to Seller for the Property( the " Purchase Price")payable as follows:

3.00 per square foot, cash at closing.

Appraised value to meet or exceed the agreed upon purchase price

Page 1 of 12

Serial#: 071560-600139-9407401 __... E i,*

rr Si; z E# i a 8 fir-...Prepared by: Mark Bingman I Rector Phillips Morse, Inc. I [email protected] I

Real Estate Contract ACopyrig

I Arkansas

Commercial) EQUAL HOUSING REALTORS®REALTOR` OPPORTUNITY

Association

Page 2 of 12


4. CONVEYANCE: Unless otherwise specified, conveyance of the Property shall be made to Buyer by

general warranty deed special warranty deed, in fee simple absolute, except it shall be subject to recordedinstruments and easements if any, which do not materially affect the value of the Property. Unless expresslyreserved herein, SUCH CONVEYANCE SHALL INCLUDE ALL MINERAL RIGHTS OWNED BYSELLER CONCERNING AND LOCATED ON THE PROPERTY, IF ANY, UNLESS OTHERWISE SPECIFIEDIN PARAGRAPH 17. IT IS THE RESPONSIBILITY OF THE BUYER TO INDEPENDENTLY VERIFY ANDINVESTIGATE THE EXISTENCE OR NONEXISTENCE OF MINERAL RIGHTS AND ANY LEGAL

RAMIFICATIONS THEREOF. Seller warrants and represents only signatures set forth below are required totransfer legal title to the Property. Seller also warrants and represents that Seller has peaceable possession ofthe Property, including all improvements and fixtures thereon, and the legal authority and capacity to conveythe Property by a good and sufficient general warranty deed, free from any liens, leaseholds or other interests.

5. TITLE INSURANCE: Buyer and Seller understand that Listing Firm and Selling Firm are not licensedtitle insurance agents as defined by Arkansas law and do not and cannot receive direct or indirect compensationfrom any Closing Agent regarding the closing process or the possible purchase of title insurance by one ormore of Buyer and Seller. Regardless of the policy chosen, Buyer and Seller shall have the right to choosetheir Closing Agent(s). Within 30 days of acceptance, Seller shall furnish to Buyer a commitment

for an American Land Title Association ( ALTA) owner's title insurance policy in the amount of the PurchasePrice issued by a company of Seller's choice authorized to insure title to real property in the State ofArkansas and which company is reasonably acceptable to Buyer.

Where the title commitment shows special exceptions to title other than those standard exceptions contained

in the ALTA commitment form, and where such special exceptions relate to restrictions, conditions, defects or

other matters that would interfere with Buyer's use or adversely affect the value of the Property, then within30 days of delivery of the title commitment, Buyer shall deliver written notice thereof to Seller. Such

notice shall state specifically those exceptions to which Buyer objects. All objections not specificallyenumerated within such a timely delivered notice shall be deemed to be waived by Buyer.

Within 30 days of Buyer's delivery of notice of objections to Seller, Seller may cure such objectionsor have the exceptions waived or removed by the title company issuing the commitment. If, within such

30 day period, Seller fails to cure and/ or waive such objections and exceptions, or within that period,Seller delivers written notice to Buyer that it will not so cure, then within 30 days from delivery of suchnotice from Seller or the end of the period within which Seller may cure (whichever is applicable), Buyer shall

have the option to:

A. Terminate this Real Estate Contract by delivering written notice thereof to Seller, in which event all sumspaid or deposited by Buyer shall be returned to Buyer; or

B. Agree to purchase the Property as scheduled subject to such objections and exceptions with no reductionin the Purchase Price; or

C. Agree to extend the Closing date for 30 days to give Seller additional time to cure such

objections. If Buyer fails to deliver notice of termination or grant an extension of the Closing date within thatperiod, the objections shall be deemed to be waived and the transaction shall close as scheduled.

Seller shall furnish the committed owner's title insurance policy as soon as practicable after Closing, andshall pay all expenses related to the owner's title insurance policy.

Page 2 of 12

Seria_.aerial#: 071560-600139-9407401 g , e.

pared by: Mark Bingman I Rector Phillips Morse, Inc. I mbingman @rpmrealty.com IT

i_,,'

Real Estate Contract C201`4h'

Arkansas

Commercial) EQUAL HOUSING REALTORS®REALTOR OPPORTUNITY

Association

Page 3 of 12


6. NON- REFUNDABLE DEPOSIT: The Non- Refundable Deposit( Hereinafter referred to as : Deposit") is funds

tendered by Buyer to Seller to compensate Seller for liquidated damages that may be incurred by Seller resulting fromBuyer failing to close on this transaction. The liquidated damages shall include, but not be limited to, Seller's time, efforts,expenses and potential loss of marketing due to Seller' s removal of property from the market.

The Deposit is not refundable to Buyer unless failure to close is exclusively the fault of Seller or if Seller cannot delivermarketable title to the Property. The Deposit will be credited to Buyer at Closing. Buyer shall hold Listing Firm and SellingFirm harmless of any dispute regarding the Deposit. Buyer expressly acknowledges the Deposit is not to be held byeither Listing Firm or Selling Firm. The Deposit may be commingled with other monies of Seller, such sum not being heldin an escrow, trust or similar account.

A. The Deposit is not applicable.

B. Buyer will pay to Seller the Deposit in the amount of$i. Within days following the date this Real Estate Contract has been signed by Buyer and

Seller

ii. Within three (3) business days of execution of Paragraph 4( a) of the Inspection Repair& SurveyAddendum; or

iii. Other:

7. EARNEST MONEY: Earnest money is in the amount of$ 5,000.00 Earnest Money"), which shall apply

toward Buyer' s Purchase Price or Closing Costs. If at least one or more of the conditions of Paragraphs 5, 8, 11, 13B, 15B,17, 18 and 20( if any) have not been fulfilled, performed or removed, Earnest Money shall be promptly refunded to Buyer. IfBuyer fails to fulfill his obligations under this Real Estate Contract, or if after all conditions have been met Buyer fails to close

this transaction, Earnest Money may, at the sole and exclusive option of Seller, be retained by Seller as liquidated damages.Alternatively, Seller may return Earnest Money and assert all legal or equitable rights that may exist as a result of Buyerbreaching this Real Estate Contract. Buyer warrants, represents and acknowledges that the check tendered will be honoredupon presentation to Buyer's bank, and that Buyer shall be in default of this Real Estate Contract if the check is not honored

upon first presentation to Buyer's bank. Buyer understands that failure to tender Earnest Money as required by thisParagraph 7 shall constitute a breach of this Real Estate Contract. Buyer and Seller agree that in the event of any disputeconcerning entitlement to Earnest Money, Listing Firm may interplead Earnest Money into a court of competent jurisdiction,and upon such interpleading of Earnest Money, both Listing Firm and Selling Firm shall be released from liability to Buyerand Seller. Listing Firm shall be reimbursed for all costs and attorney's fees from the funds entered for interpleading.

A. Earnest Money is tendered by Buyer in the form of cash check. If Earnest Money is tendered by check, it

will be made payable to Listing Firm, Closing Agent Other

Earnest Money will be deposited by Listing Firm no later than three (3) business days following the date this RealEstate Contract has been signed by Buyer and Seller.

B. Earnest Money will be tendered by Buyer in the form of cash 9 check. If Earnest Money is tendered by check,

it will be made payable to Listing Firm, Closing Agent el Other Title Company

Earnest Money will be deposited within three ( 3) business days following the date this Real Estate Contract has beensigned by Buyer and Seller.

C. No Earnest Money will be tendered. References to Earnest Money in this Real Estate Contract shall not beapplicable and are deemed deleted.

The principal broker shall also be responsible and accountable for any funds delivered to an escrow agent selected by theprincipal broker, but shall not be responsible for funds delivered to an escrow agent selected by the parties.

Page 3 of 12

Serial#: 071560-600139-9407401 _... __.... __. fl Si

Prepared by: Mark Bingman I Rector Phillips Morse, Inc. I mbingman @rpmrealty.com I

Real Estate Contract C2014Aht

Arkansas

Commercial) TPA-Mt:ire REALTORS°REALTOR oreoarur+iry

Association

Page 4 of 12


8. SURVEY: Buyer has been given the opportunity to obtain a new certified survey. Should Buyer

decline to obtain a survey as offered in Paragraph 8A of this Real Estate Contract, Buyer agrees tohold Seller, Listing Firm and Selling Firm involved in this Real Estate Contract harmless of anyproblems relative to any survey discrepancies that may exist or be discovered ( or occur) after Closing.

A. A new survey satisfactory to Buyer, certified to Buyer within thirty (30) days prior to Closing bya registered land surveyor, El showing property lines only © ALTA Certified Survey

El showing all improvements, easements and any encroachments will be provided and paid for by:

Buyer [' Seller Equally split between Buyer and Seller.

B. No survey shall be provided.

C. Other

Specific Survey Requirements: Buyer will pay for the survey and platting process. Seller will be obligated toparticipate in signing the plat as owner of record.

Should Buyer agree to accept the most recent survey provided by Seller,this survey is for information purposes only and Buyer will not be entitledto the legal benefits of a survey certified in Buyer's name.

9. PRORATIONS: Taxes and special assessments due on or before Closing shall be paid bySeller. Any deposits on rental Property are to be transferred to Buyer at Closing. Insurance,

general taxes and special assessments, rental payments and interest on any assumed loansshall be prorated as of Closing, unless otherwise specified herein.

10. FIXTURES AND ATTACHED EQUIPMENT: Unless specifically excluded herein, all fixtures andattached equipment, if any, are included in the Purchase Price. If any personal property is included inthe Purchase Price it will be described in a separate exhibit attached hereto and incorporated byreference herein ( hereinafter referred to as the " Personal Property"). The Personal Property does notinclude any software or related materials that Seller does not have the legal right to transfer or licenseto Buyer, and does not include any items leased to Seller under any operating contract. Selleragrees to execute a Bill of Sale at Closing transferring ownership of the Personal Property to Buyer.

Page 4 of 12

Serial#: 071560-600139-9407401rn

Prepared by: Mark Bingman I Rector Phillips Morse, Inc. I mbingman @rpmrealty.com I

Real Estate ContractC2014ht

t\ Arkansas

Commercial) EQUAL HOUSING REALTORS®REALTOR` oProeruNrry

Association

Page 5 of 12


11. CLOSING: Closing is the date and time at which Seller delivers the executed and acknowledgeddeed. Buyer and Seller agree the Closing date will be ( month) June day) 30 , ( year)

2014 The Closing date may be changed by written agreement of Buyer and Seller. If the saleis not consummated by Closing date (or any written extension thereof), the parties shall have the remediesavailable to them in equity or at law, including the remedies available to them in Paragraph 7.

Buyer and Seller shall have the right to choose their Closing Agent(s) and are not relying on Listing Firmor Selling Firm to choose a Closing Agent. Should Buyer or Seller choose the services of a Closing Agent(s)other than Selling Firm or Listing Firm, then Buyer and Seller each jointly and severally agree to indemnifyand hold Listing Firm and Selling Firm harmless for all intentional misconduct and negligent actsincluding acts of omission) of the Closing Agent(s).

This Real Estate Contract shall serve as written closing instructions to the Closing Agent on behalf of theBuyer and Seller. The Closing Agent(s) is/ are authorized to provide Seller's settlement statement to ListingFirm ( in addition to Seller) and Buyer's settlement statement to Selling Firm ( in addition to Buyer) prior tosettlement so that Buyer, Seller, Listing Firm and Selling Firm shall have a reasonable opportunity to reviewprior to Closing.

Buyer and Seller shall each have the right to request title insurer(s), if any, issue closing protection, toindemnify against loss of closing funds because of acts of a Closing Agent, title insurer's named employee,or title insurance agent. Any cost for closing protection will be paid by the requesting party( ies). Listing Firmand Selling Firm strongly advise Buyer and Seller to inquire of the Closing Agent(s) about the availability andbenefits of closing protection.

Unless otherwise agreed by Buyer and Seller, transaction costs will be paid by the party indicated below.

Seller Buyer

Title Examination or search fees Recording feesPremium for owner's title insurance policy Premium for mortgagee' s title insurance policyPreparation of conveyance documents Preparation of loan documents

One-half of escrow fees One-half of escrow feesOne- half of documentary stamps One-half of documentary stampsOther charges as customarily paid by Seller Other charges customarily paid by BuyerIRS Notification form

This Real Estate Contract shall, unless otherwise specified in Paragraph 17 of this Real Estate Contract,

constitute express written permission and authorization to Listing Firm and Selling Firm to disclose the termsof this Real Estate Contract (and all Addenda), including without limitation concessions provided by Buyer orSeller or other non- public personal information of Buyer and Seller regarding the purchase and sale of theProperty, to any of the following: ( i) an Arkansas licensed appraiser; ( ii) multiple listing services for use by themembers thereof; and ( iii) any other person or entity which Listing Firm or Selling Firm determines, using solediscretion, may have a legitimate basis to request and obtain such information. The authorization andpermissions granted in this Paragraph 11 shall not create any obligation or duty upon Listing Firm or SellingFirm to make any disclosure to any person or entity.

Page 5 of 12

Senal# 071560.600139-9407401 1 s I Trip i k i YPrepared by Mark Bingman I Rector Phillips Morse, Inc. I [email protected] I

Real Estate Contract ACopyright

IL. Arkansas

Com merc is I) EQUAL HOUSING REALTORS*REALTOR" ovroaruNa

Association

Page 6 of 12


12. POSSESSION: Possession of the Property shall be delivered to Buyer: (Check one)

A. Upon the Closing ( Seller's delivery of executed and acknowledged Deed).B. Other, as follows:

13. SELLER PROPERTY DISCLOSURE: ( Check one)A. Buyer and Seller acknowledge that upon the authorization of Seller either Selling Firm or

Listing Firm have delivered to Buyer, prior to the execution of this Real Estate Contract, a writtendisclosure prepared by Seller concerning the condition of the Property, but this fact neither limitsnor restricts Buyer's Disclaimer of Reliance set forth in Paragraph 16 of this Real Estate Contract.The written disclosure prepared by Seller is dated ( month) day) year)

and is warranted by Seller to be the latest disclosure and the answers contained in the disclosureare warranted to be true, correct, and complete to Seller's knowledge.

B. Buyer hereby requests Seller to provide a written disclosure about the condition of theProperty that is true and correct to Seller's knowledge within three ( 3) business days after this RealEstate Contract has been signed by Buyer and Seller. If Seller does not provide the disclosure within

the three ( 3) business days, Buyer may declare this Real Estate Contract terminated with Buyer andSeller both agreeing to sign the Termination of Contract, with Buyer to receive a refund of the EarnestMoney ( if any). If Buyer finds the disclosure unacceptable within three ( 3) business days after receipt

of disclosure, this Real Estate Contract may be declared terminated by Buyer, with Buyer and Sellerboth agreeing to sign the Termination of Contract, with Buyer to receive a refund of the EarnestMoney ( if any). Receipt of this disclosure neither limits nor restricts in any way Buyer's Disclaimer ofReliance set forth in Paragraph 16 of this Real Estate Contract.

C. Although a disclosure form may have been completed ( or can be completed) by Seller,Buyer has neither received nor requested and does not desire from Seller a written disclosure

concerning the condition of the Property prior to the execution of this Real Estate Contract, but thisfact neither limits nor restricts in any way Buyer's Disclaimer of Reliance set forth in Paragraph 16of this Real Estate Contract. BUYER IS STRONGLY URGED BY SELLING FIRM AND LISTINGFIRM TO MAKE ALL INDEPENDENT INSPECTIONS DEEMED NECESSARY PRIOR TO SIGNINGTHIS REAL ESTATE CONTRACT.

D. Buyer understands no disclosure form is available and will not be provided by Seller.BUYER IS STRONGLY URGED BY SELLING FIRM AND LISTING FIRM TO MAKE ALLINDEPENDENT INSPECTIONS DEEMED NECESSARY PRIOR TO SIGNING THIS REAL ESTATECONTRACT.

Page 6 of 12

Senalk

Prepared by: Mark Bingman I Rector Phillips Morse, Inc. I [email protected] I

Real Estate Contract 10Copyrig

Arkansas

Corn me rc i s I) EQUAL REALTORS'REALTOR' orroaruertv

HOUSING

Association

Page 7 of 12


14. ENVIRONMENTAL REPRESENTATION: Seller hereby represents to Buyer that to Seller'sknowledge ( unless otherwise disclosed herein):A. The Property is not the subject of any judicial or administrative notice or action relating to hazardous wasteor environmental contamination;

B. Seller has received no notice of any claim or violation of any law or regulation having to do withenvironmental protection;

C. No hazardous or toxic substances have been stored, processed, or disposed of on the Property during theperiod that Seller has owned the Property; andD. No underground storage tanks are located on the Property.

15. TERMITE CONTROL REQUIREMENTS: ( Check one)

p A. None

B. Seller shall provide prior to Closing, at Seller's expense, a current termite control policy issued by alicensed operator, satisfactory to Buyer

16. BUYER' S DISCLAIMER OF RELIANCE:

A. BUYER CERTIFIES BUYER WILL PERSONALLY INSPECT OR HAVE A REPRESENTATIVE INSPECTTHE PROPERTY AS FULLY AS DESIRED PRIOR TO CLOSING. BUYER CERTIFIES BUYER HAS NOTAND WILL NOT RELY ON ANY WARRANTIES, REPRESENTATIONS, OR STATEMENTS OF SELLER,LISTING FIRM, SELLING FIRM, OR ANY AGENT, INDEPENDENT CONTRACTOR, OR EMPLOYEEASSOCIATED WITH THOSE ENTITIES, OR INFORMATION FROM MULTIPLE LISTING SERVICES OROTHER WEBSITES REGARDING MINERAL RIGHTS, YEAR BUILT, SIZE ( INCLUDING WITHOUTLIMITATION THE SQUARE FEET IN IMPROVEMENTS LOCATED ON THE PROPERTY), QUALITY,VALUE OR CONDITION OF THE PROPERTY, INCLUDING WITHOUT LIMITATION ALLIMPROVEMENTS, APPLIANCES, PLUMBING, ELECTRICAL OR MECHANICAL SYSTEMS. HOWEVER,BUYER MAY RELY UPON ANY WRITTEN DISCLOSURES PROVIDED BY SELLER.

LISTING FIRM AND SELLING FIRM CANNOT GIVE LEGAL ADVICE TO BUYER OR SELLER. LISTINGFIRM AND SELLING FIRM STRONGLY URGE STATUS OF TITLE TO THE PROPERTY, CONDITIONOF PROPERTY, SQUARE FOOTAGE OF IMPROVEMENTS, QUESTIONS OF SURVEY AND ALL OTHERREQUIREMENTS OF BUYER SHOULD EACH BE INDEPENDENTLY VERIFIED AND INVESTIGATED BYBUYER OR A REPRESENTATIVE CHOSEN BY BUYER.

B. IN THE EVENT THAT THE INSPECTION, REPAIR AND SURVEY ADDENDUM IS USED, BUYERAGREES TO SIGN PAGE 4 OF THE INSPECTION, REPAIR AND SURVEY ADDENDUM PRIOR TOCLOSING IF BUYER ACCEPTS THE CONDITION OF THE PROPERTY AND INTENDS TO CLOSE.

17. OTHER:

Buyer agrees to construct road as shown in Exhibit "A" and have " first right of refusal for Lots 1- 2 and 3 if only

Lot 4 is purchased.

Page 7 of 12

serial#: 071560-600199-9407401 4 fri t' cityPrepared by: Mark Bingman I Rector Phillips Morse, Inc. I mbingman @rpmrealty.com I

Real Estate Contract ID AC2014ht

Arkansas

Commercial) EOOAL HOUSING REALTORS°REALTOR orroaTUNiry

Association

Page 8 of 12


18. CONTINGENCIES: Buyer's offer to purchase the Property is expressly contingent upon Buyer'ssatisfaction of the contingencies checked below within the deadline indicated for each contingency. Buyershall notify Seller in writing when the contingencies are satisfied. If Buyer fails to provide such written notice

before the indicated deadline that a contingency checked below has been satisfied, then this Real EstateContract shall be void and the Earnest Money ( if any) shall be refunded to Buyer, and Buyer and Seller shallhave no further obligation to each other.

Contingencies ( check all that apply):A. Obtain satisfactory financing, in Buyer's sole discretion, within days after acceptance.

B. Obtain satisfactory results of a feasibility study, in Buyer's sole discretion, within days

after acceptance.

C. Obtain satisfactory results of a Property inspection, in Buyer's sole discretion, within days

after acceptance.

D. Obtain satisfactory results of an environmental report, in Buyer's sole discretion, withindays after acceptance.

E. Obtain satisfactory rezoning, platting, re- platting, or zoning verification, in Buyer's sole discretion,within 45 days after acceptance.

F.

within days after acceptance.

G.


H.


Additional requirements related to any of above contingencies:

An accepted offer is subject to final approval of the Maumelle City Council which will meet within 2 weeks of

accepted offer.

Sellers hereby grant to Buyer, its agents and contractors, the right to enter upon the Property to make tests and/ orinspections. If the Property is damaged by Buyer or Buyer's agents or contractors during Buyer's inspections or test of theProperty, Buyer shall repair and restore the Property to substantially the same condition as existed prior to conducting theinspection and test. Buyer shall indemnify Seller and its agents and hold them harmless from any and all liability, damages,claims, expenses, including reasonable attorney's fees, judgments, proceedings and causes of action of any kind to theextent caused by Buyer's inspection and testing activities with such indemnity obligation expressly surviving Closing ortermination of the Real Estate Contract for any reason. Seller agrees to have all utilities connected and turned on toProperty.

Page 8 of 12

Senal#: 071560-600139- 9407401 1 all l' i L! I VPrepared by Mark Bingman I Rector Phillips Morse, Inc. I mbingman @rpmrealty.com I

Real Estate ContractC2014ht

I A Arkansas

Commercial) EOUALNOUSINO REALTORS°REALTOR OPPORTUNITY

Association

Page 9 of 12


19. AGENCY: (Check all that apply)

A. LISTING FIRM AND SELLING FIRM REPRESENT SELLER: Buyer acknowledges that Listing Firm andSelling Firm and all licensees associated with those entities are the agents of Seller and that it is Seller whoemployed them, whom they represent, and to whom they are responsible. Buyer acknowledges that beforeeliciting or receiving confidential information from Buyer, Selling Firm, which may be the same as Listing Firm,verbally disclosed that Selling Firm represents Seller.

B. LISTING FIRM REPRESENTS SELLER AND SELLING FIRM REPRESENTS BUYER: Buyer and Seller

acknowledge that Listing Firm is employed by Seller and Selling Firm is employed by Buyer. All licenseesassociated with Listing Firm are employed by, represent, and are responsible to Seller. All licensees associatedwith Selling Firm are employed by, represent, and are responsible to Buyer. Buyer acknowledges Selling Firmverbally disclosed that Listing Firm represents Seller. Seller acknowledges Listing Firm verbally disclosed thatSelling Firm represents Buyer.

C. LISTING FIRM AND SELLING FIRM ARE THE SAME AND REPRESENT BOTH BUYER AND

SELLER: Seller and Buyer hereby acknowledge and agree that Listing and Selling Firm are the same and alllicensees associated with Listing and Selling Firm are representing both Buyer and Seller in the purchase andsale of the above referenced Property and that Listing/ Selling Firm has been and is now the agent of both Sellerand Buyer with respect to this transaction. Seller and Buyer have both consented to and hereby confirm theirconsent to agency representation of both parties. Further, Seller and Buyer agree:

i) Listing/ Selling Firm shall not be required to and shall not disclose to either Buyer or Seller any personal,financial or other confidential information concerning the other party without the express written consent of thatparty; however, Buyer and Seller agree Listing/ Selling Firm shall disclose to Buyer information known toListing/Selling Firm related to defects in the Property and such information shall not be deemed" confidentialinformation." Confidential information shall include but not be limited to any price Seller is willing to accept that isless than the offering price or any price Buyer is willing to pay that is higher than that offered in writing.ii) by selecting this option 19C, Buyer and Seller acknowledge that when Listing/ Selling Firm represents both

parties, a possible conflict of interest exists, and Seller and Buyer further agree to forfeit their individual right to

receive the undivided loyalty of Listing/Selling Firm.

iii) to waive any claim now or hereafter arising out of any conflicts of interest from Listing/ Selling Firm representingboth parties. Buyer and Seller acknowledge Listing/ Selling Firm verbally disclosed that Listing/ Selling Firmrepresents both parties in this transaction, and Buyer and Seller have given their written consent to this

representation before entering into this Real Estate Contract.

D. SELLING FIRM REPRESENTS BUYER( NO LISTING FIRM): Seller acknowledges that Selling Firm andall licensees associated with Selling Firm are the agents of Buyer and that it is Buyer who employed them, whomthey represent, and to whom they are responsible. Seller acknowledges that at first contact, Selling Firm verballydisclosed that Selling Firm represents Buyer. Any reference to " Listing Firm" in this Real Estate Contract will beconsidered to mean Selling Firm, both Buyer and Seller acknowledging that all real estate agents (unless Selleris a licensed Real Estate Agent) involved in this Real Estate Contract only represent Buyer.

E. NON- REPRESENTATION: See Non- Representation Disclosure Addendum

20. RISK OF LOSS: If prior to Closing of this transaction the improvements on the Property shall be destroyedor materially damaged by fire or other casualty, this Real Estate Contract, at the option of Buyer shall beterminated, with Buyer and Seller both agreeing to sign the Termination of Contract. If Buyer shall elect, in theevent of such loss, that the Real Estate Contract shall be performed, Buyer shall be entitled to the proceeds of

insurance applicable to the loss for use in repairing said loss.Buyer shall have the right prior to Closing to inspect the Property to ascertain any damage that may haveoccurred due to fire, flood, hail, windstorm or other acts of nature, vandalism or theft.

Page 9 of 12

Senal#: 071560-600139-9407401

Prepared by Mark Bingman I Rector Phillips Morse, Inc. I mbingmanarpmrealty.com I

Real Estate ContractIt ®

Copyrig

Arkansas

Commercial) REALTOR' ovaoL

Uu:r, REALTORS®

Association

Page 10 of 12


21. GOVERNING LAW: This Real Estate Contract shall be governed by the laws of the State of Arkansas.

22. SEVERABILITY: The invalidity or unenforceability of any provisions of this Real Estate Contract shall not affect thevalidity or enforceability of any other provision of this Real Estate Contract, which shall remain in full force and effect.

23. MERGER CLAUSE: This Real Estate Contract, when executed by both Buyer and Seller, shall contain the entireunderstanding and agreement between Buyer and Seller with respect to all matters referred to herein and shall supersedeall prior or contemporaneous agreements, representations, discussions and understandings, oral or written, with respect to

such matters. This Real Estate Contract shall not supersede any agency agreements entered into by Buyer or Seller andListing Firm or Selling Firm.

24. ASSIGNMENT: This Real Estate Contract may not be assigned by Buyer unless written consent of Seller is obtained,such consent not to be unreasonably withheld. It shall not be unreasonable for Seller to withhold consent if Seller is toprovide financing for Buyer in any amount.

25. ACCEPTANCE: The term "acceptance" as used herein shall mean the later of the two dates on which this Real

Estate Contract is signed by Seller or Buyer, as indicated by their signatures below, which later date shall be the date offinal execution and agreement by the parties hereto. If any date or deadline provided for herein falls on Saturday, Sunday,or a holiday, the applicable date shall be the next business day.

26. TIME: Buyer and Seller agree time is of the essence with regard to all times and dates set forth in this Real Estate

Contract. Unless otherwise specified, days as it appears in this Real Estate Contract shall mean calendar days. Further, alltimes and dates set forth in this Real Estate Contract refer to Arkansas Central time and date.

27. ATTORNEY'S FEES: Should Buyer or Seller initiate any type of administrative proceeding, arbitration, mediationor litigation against the other( or against an agent for the initiating party or agent for the non- initiating party), it is agreedby Buyer and Seller( aforementioned agents being third- party beneficiaries of this Paragraph 26) that all prevailing partiesshall be entitled to an award of their respective costs and attorney' s fees incurred in defense of such initiated action againstthe non- prevailing party.

28. COUNTERPARTS: This Real Estate Contract may be executed in multiple counterparts each of which shall beregarded as an original hereof but all of which together shall constitute one in the same.

29. FIRPTA COMPLIANCE, TAX REPORTING: Buyer and Seller agree to disclose on or before Closing, to the person

or company acting as Closing Agent for this transaction, their United States citizenship status, solely for the purpose ofcompliance with the Foreign Investment in Real Property Taxation Act( FIRPTA). In addition, Buyer and Seller shall execute

all documents required by such Closing Agent to document compliance with the FIRPTA and all other applicable laws. Buyerand Seller agree that nothing in this Real Estate Contract is intended to limit the responsibility of the Closing Agent asdefined pursuant to United States Treasury Regulation 1. 6045-4) to( i) be the" reporting person" under state and federal taxlaws( including without limitation 26 USC Section 6045( e)), and( ii) file all necessary forms regarding the Closing, includingwithout limitation form 1099, 8288 or 8288A. By accepting the role as Closing Agent, this Real Estate Contract shall obligatethe Closing Agent to fulfill their responsibilities as set forth above and as defined by the above statutes. Seller will executean affidavit confirming compliance with FIRPTA, as prepared by the Closing Agent.

Page 10 of 12

Serial#: 071560-600139-9407401k ' ',. l i ': T .._..

Prepared by: Mark Bingman I Rector Phillips Morse, Inc. I mbingman @rpmrealty. com Ia

u

Real Estate Contract 10 AC2014ht

Arkansas

Com me rc is I) EQUAL HOUSING REALTORS`REALTOR' oaroeTUNirr

Association

Page 11 of 12


30. NOTICE: All notices, requests and other communications under this Agreement shall be in

writing and shall be delivered in person, or sent by overnight courier or certified mail, return receiptrequested, addressed as follows:

If to Seller: Tony Foster; kalmarell@aoLcorn

With a copy to: Mark Bingman; [email protected]

If to Buyer:Mayor Mike Watson; [email protected]

With a copy to: Mark Bingman; [email protected]

Or at such other address, and to the attention of such person, of which the parties shall have given notice as

herein provided. All such notices, requests and other communications shall be deemed to have been

sufficiently given for all purposes hereof on the second day after the date of the mailing thereof or the first dayafter being sent by overnight courier.

31. TAX DEFERRED EXCHANGE: Each party agrees to cooperate with the other, if requested in writing,to effect a tax deferred exchange under the provisions of the Internal Revenue Code of 1986, as amended,

provided such exchange is without cost or expense to cooperating party, and the requesting party shallindemnify and hold the other harmless from and against any cost or expense or other liability, tax or actionwhich may be incurred in connection with such exchange.

32. LICENSEE DISCLOSURE: (Check all that apply):

A. Not Applicable.

B. One or more parties to this Real Estate Contract acting as a Buyer Seller hold a valid Arkansas

Real Estate License.

C. One or more owners of any entity acting as[' Buyer Seller hold a valid Arkansas Real EstateLicense.

33. EXPIRATION: This Real Estate Contract expires if not accepted in writing by Seller on or before ( month)May day) 8 , ( year) 2014 at Noon ( a. m.) ( p. m.).

Page 11 of 12

Serial#: 071560-600139- 9407401 form sin' t$...i "'_..Prepared by Mark Bingman I Rector Phillips Morse, Inc. I [email protected] I E `

Real Estate Contract c20a"t

I Arkansas

Corn me rc ia I) EQUAL REALTORS®REALTOR' oa coaruNlrrNOUeINeAssociation

Page 12 of 12

THIS IS A LEGALLY BINDING REAL ESTATE CONTRACT WHEN SIGNED BY THE PARTIES BELOW. READ IT CAREFULLY. YOU MAY

EMPLOY AN ATTORNEY TO DRAFT THIS FORM FOR YOU. IF YOU DO NOT UNDERSTAND THE EFFECT OF ANY PART, CONSULT YOURATTORNEY BEFORE SIGNING. REAL ESTATE AGENTS CANNOT GIVE YOU LEGAL ADVICE. THE PARTIES SIGNED BELOW WAIVE THEIR

RIGHT TO HAVE AN ATTORNEY DRAFT THIS FORM AND HAVE AUTHORIZED THE REAL ESTATE AGENT(S) TO FILL IN THE BLANKS ON

THIS FORM.

THIS FORM IS PRODUCED AND COPYRIGHTED BY THE ARKANSAS REALTORS®ASSOCIATION. THE SERIAL NUMBER BELOW IS AUNIQUE NUMBER NOT USED ON ANY OTHER FORM. THE SERIAL NUMBER BELOW SHOULD BE AN ORIGINAL PRINTING, NOT MACHINE

COPIED, OTHERWISE THE FORM MAY HAVE BEEN ALTERED. DO NOT SIGN THIS FORM IF IT WAS PREPARED AFTER DECEMBER 31,

2014. FORM SERIAL NUMBER: 071560-600139-9407401

The above Real Estate Contract is executed by Buyer onmonth) May day) ft (year) 2014 , at f 00 g(a. m.) ( p. m.).

Selling Firm


7/6Nefr+c. /.../ rt 7:eo

Printed Name: Printed Name: The City of Maumelle

Principal or Supervising Broker

Buyer


Printed Name: Printed Name:

Selling Agent

Buyer

The above Real Estate Contract is executed by Seller onmonth) day) year) at a.m.) ( p. m.).

Rector Phillips Morse, Inc

Listing Firm


Printed Name: Rick Freeling Printed Name: Maumelle Assisted Living Center, LLC

Principal or Supervising BrokerSeller


Printed Name: Mark Bingman Printed Name:

Listing Agent

Seller

The above offer was rejected counter offered ( Form Serial Number

on ( month) day) year) at a. m.) ( p. m.).

Seller's Initials Seller's Initials

Page 12 of 12

Senal#: 071560-600139-9407401

Prepared by: Mark Bingman I Rector Phillips Morse, Inc. I [email protected] Iform m pi elty

V j

Or

I

fw' I

Iry

P 1C) p

h

r,ti

tiIII

1

t

frimer

Q` TRACr E--I1

Nr N 11

BO 00 b '' S \ °°i

rq 9B.150ASSOOEFT.

r://-:-/)

sso ` \ F'osF, rear0

N41 ir

C1 tw, tb ti

3-` r--"'"""_ P27i» e 11'1

f.' 3JC 44.8x' i'

Vi4Q,S86 34 ' 54" E 1

404. 08' 1

10' UTILITY EASEMENTJ-"------------------! 0'_ U ILITY EA__ NT1

C)!=O

i/tyO 0

1

ti2Ap,9AA.

i66l,,,,--'

S16 52115W170. 17', j

I 1

1 r

N \ 1

Os'

1. 2 ILfW

la V

JJr.

sitN

d

N y t6. 040 ACRES I N

i263, 087 SO. FT.

t to IC

4..

4N)\-

tio

L/0 1 x l

t mLP t Qcr Alt a

CD

rn o ' dli c° 3

kl

cD II

t1

50' BUILDING TIRE—b

t

1L t Al

ROW 15' UTILITY EASEMENT

N89 42' 50" W 433. 10'S45 0

r

bdM

x

Eri

t,a

194. 47' 89%9

N

O p co 6`.

co D w Oo

w iv r

iv 1wm r " r-

4 1 `''z N

im m

2

200. 00' 223. 13'

o

rd0 to

ei

2 \

p

D 1

IO WF., r

NN °

Ict''

c.

H71I d

III

3758' 123'

LLE C ____

159. 93'

i

co

k..0

tv:8

N

7

1 /'

1 1 / '

1

Possible Fire Station Properties

Tract Zoning Total Acreage List Price/ SF

1. Girl Scout Property/ Foster land C- 2 6. 04 acres 3. 50/ SF

2. Tract D PCD 23. 5 acres 12. 00/ SF min

3. CCP Development C- 3 2. 90 acres 7. 64— 8. 04/ SF

4. Linda Bowers Property C- 3 1. 48 acres 8. 53/ SF

5. Country Club of Development PRD 2. 48 acres 6. 00/ SF

6. Orleans Property( Cypress Bay Dev.) PCD 8. 0 acres 8. 00/ SF

A RESOLUTION OF THE CITY COUNCIL OF THE CITY MAUMELLE, COUNTY OF

PULASKI, STATE OF ARKANSAS



A RESOLUTION AUTHORIZING THE PURCHASE OF PROPERTY, NAMELY A

PARCEL CONSISTING OF APPROXIMATELY 1. 31 ACRES ON CLUB MANOR

DRIVE IN THE CITY OF MAUMELLE AND FOR OTHER PURPOSES


WHEREAS, the Council finds that it is advisable or necessary to purchase land incontemplation of the construction of a fire station in the area of Club Manor Drive in the City ofMaumelle; and

WHEREAS, the Council wishes to accept and approve a real estate contract negotiated

by the Mayor for this purpose;

WHEREAS, the City Council desires to purchase property on Club Manor Driveconsisting of approximately 1. 31 acres from Maumelle Assisted Living Center, LLC.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE


SECTION 1. The City Council finds that the purchase of the property authorized herein is for apublic purpose for which the City Council has authority to act. The City Council herebyapproves and accepts that Counter offer of the Seller( Maumelle Assisted Living Center, LLC)for the purchase price of$3. 00 per square foot for approximately 1. 31 acres as more fullyidentified in the contract attached hereto.

SECTION 2. By the adoption of this resolution, the Council expressly declines the offer topurchase the larger tract consisting of approximately 6. 04 acres.

SECTION 3. By separate resolution, the Council shall appropriate the funds for the purchaseauthorized.

SECTION 4. The City Council authorizes the Mayor to sign or negotiate any deeds, contracts,or other documents necessary to carry out the expressed will of the Council on this subject.

SECTION 5. The City Council understands that the purchase of the property may be contingentupon other inspections or actions as fully described in the Real Estate Contract attached.

SECTION 6. The provisions of this Resolution are hereby declared to be severable. If anysection, phrase or provision shall be declared or held invalid, such invalidity shall not affect theremainder of the sections, phrases or provisions.

Approved this19th

day of May, 2014.


ATTEST:



Mayor Watson



Aye:

No:



COUNTY, ARKANSAS


A RESOLUTION TO AMEND THE 2014 GENERAL FUND BUDGET.


WHEREAS, the City Council desires to purchase property on Club Manor Driveconsisting of approximately 6. 04 acres from Maumelle Assisted Living Center, LLC; and

WHEREAS, the total cost to purchase the land is $ 855, 083. The General Fund will pay atotal of$ 669,612. The remainder of$ 185, 471 will paid with bond proceeds held with the trustee.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF

MAUMELLE, ARKANSAS, AS FOLLOWS:

Amend the General Fund Budget:

Description Account Number Current Revision +/- Revised

Budget Budget

Land 101- 4910- 571000 0.00 669,612 669,612

General Fund 101- 0000-253200 6,429,543 669,612 5, 759,931

Balance(Unaudited)

Approved this 19th day of May, 2014.


ATTEST:



Mayor Watson



Aye:

No:


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MAUMELLE, PULASKI COUNTY, ARKANSAS


A RESOLUTION TO GRANT A CONDITIONAL USE PERMIT TO

THE CITY OF MAUMELLE FOR THE CONSTRUCTION AND OPERATION

OF A MUNICIPAL FIRE DEPARTMENT

WHEREAS, The Maumelle Planning Commission conducted a public hearingand meeting on February 27, 2014 to consider a Conditional Use Permit for certainproperty, zoned OS Open Space and more described below, which is within the City ofMaumelle, Arkansas; and

WHEREAS, a motion to recommend approval of the Conditional Use Permit

received a unanimous vote of all Planning Commissioners in attendance; and

WHEREAS, According to those provisions of the Maumelle City Code whichgovern the use of lands zoned OS Open Space in the City of Maumelle, the City Councilconsidered the request for a conditional use permit for a municipal and governmental use,

namely, a municipal fire station.

WHEREAS, the Conditional Use Permit, as requested, does not adversely affectthe character of the subject property.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE


SECTION 1. The application filed by Mayor Michael Watson, in his officialcapacity as the Chief Executive Officer of the City of Maumelle, seeking a conditionaluse permit for a municipal and governmental use, namely the of operation of theMaumelle Fire Department, a department of the governmental entity, in a OS zone, isapproved. A conditional use permit is hereby granted to the City of Maumelle, ( the

principal municipal operation of which is located at 550 Edgewood Drive, Suite 590, inMaumelle, Arkansas, 72113), to construct and operate a fire station on that parcel of OS

Open Space property located on South Odom Boulevard, just east of the intersection ofOdom Boulevard and Club Manor Drive in Maumelle.

SECTION 2. The Council approves the application as presented ( including theSite Plan approved by the Planning Commission) and fully incorporates the applicationand approved plans herein as if set forth word for word by attaching the same hereto asExhibit A.

Approved this17th

day of March, 2014.


ATTEST:




SPONSORED BY:

Mayor Watson


Aye:

No:


AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MAUMELLE,

COUNTY OF PULASKI, STATE OF ARKANSAS,

AN ORDINANCE TO BE TO BE ENTITLED:

ORDINANCE NO. 846

AN ORDINANCE AMENDING THE MASTER STREET PLAN FOR THE CITY OFMAUMELLE, ARKANSAS AND FOR OTHER PURPOSES.

WHEREAS, the City of Maumelle has adopted the Maumelle Master Street Plan whichis comprised of certain code provisions and a map which has been reviewed, amended andrecommended for adoption by the Maumelle Planning Commission; and,

WHEREAS, the Maumelle Planning Commission has recommended amending theMaster Street plan from time to time; and,

WHEREAS, on February 27, 2014, after a public hearing, a majority of the members ofthe Commission approved a motion to recommend that the City Council approve a Master StreetPlan amendment allowing for a curb cut on Odom South Boulevard; and,

WHEREAS, the City Council has reviewed the recommendations of the PlanningCommission, the recommendation of staff, has obtained facts, statements, and other information

concerning the proposed amendment to the Master Street Plan.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE

CITY OF MAUMELLE, ARKANSAS:

SECTION 1. Amendment. Pursuant to Maumelle City Code, Section 54- 110,

authorizing amendment to the Maumelle Master Street Plan, the Maumelle Master Street Planmap is hereby amended to allow a right of entry onto the southernmost side of Odom South, justeast of the intersection of Odom South Boulevard and Club Manor Drive, from the outside lane

of the south side only ( going in a easterly direction) for the use and benefit of the Maumelle FireDepartment, and as shown on the exhibit attached hereto and incorporated by reference.

This amendment does not authorize any median cut and will allow a right-in/right-outaccess to the property currently zoned as OS Open Space; the approximate location of the rightof entry is illustrated on the Site Plan attached hereto as Exhibit A.

This amendment shall be deemed null and void should the City Council fail or refuse tobuild the Maumelle Fire Department at said location.

SECTION 2. Repealer. All other ordinances or parts of ordinances in conflict

herewith are hereby repealed to the extent of the conflict.

SECTION 3. Severability. If any clause, sentence, paragraph, section or other portionof this ordinance is found to be unconstitutional, invalid or inoperative by a court of competentjurisdiction, such findings shall not affect the validity of the remainder of these sections, nor

shall any proceeding invalidating any portion of any section operate to affect any portion of theremainder of said sections not specifically attacked in said proceeding.

SECTION 4. All provisions of this ordinance of a general and permanent nature are

amendatory to the Maumelle City code and the same shall be incorporated in the Code.

ADOPTED this21st

day of April, 2014.


ATTEST:




SPONSORED BY:



Aye:

No:


MEMORANDUM

To: Alderman Steve Mosley

CC: Members of City Council, Mayor

From: JaNan Arnold Davis

Re: Rate regulation for PWAs

Date: May 14, 2014

QUESTION:

You have asked if the City Council has the legal ability to regulate the water/sewer ratesestablished by the proposed Public Water Authority.

ANSWER:

I have researched the legal arguments, opinions, and history concerning is issue and conclude that, no, theCity Council does not have the authority to regulate the water/sewer rates established by theProposed Water Authority.

A.C.A. 14- 200- 101 ANALYSIS:

The Statute you reference ( A.C.A. 14- 200- 101 and following) which purports to give

municipalities certain authority over " public utilities". While the statutory scheme presents a

definition, that definition is written in such a way to have confounded even the Attorney Generalwhen it comes to a publically owned utility( NOT municipally owned and NOT privately owned).I located no opinion concerning regulation of a PWA by a municipality.

Concerning a municipality' s right to charge a " franchise fee" ( one of the powers apparently

conveyed by the statutes considered), the Attorney General made the following analysis in 2003concerning Maumelle and MSID—an improvement district, Opinion 2003- 172) 1

In my opinion, a water improvement district falls within the meaning of the phrase emphasizedabove: " any company providing similar services." Water service, in common parlance, is similar

to the various public services listed in the previous phrase ( electric, gas, sewer, and telephone

service) and is commonly grouped with such services in ordinary discourse. Moreover, waterimprovement districts do not fall within the exception language( i.e., it is not one of the entities that

are excluded from the definition of" public utility" under A.C.A. § 23- 1- 101( 9)( B)( ii)). Although

a question could arise as to whether a suburban improvement district is a " company," it is myopinion that the District, as you have described it, does constitute a " company" for purposes ofA.C.A. § 14- 200- 101( a)( 1)( E). The term " company" is not defined for purposes of the statute.Accordingly, it must be given its ordinary meaning in common usage. See Bourne, v. Board ofTrustees, 347 Ark. 19, 59 S. W.3d 432( 2001). A good source for determining ordinary meaning incommon usage is the dictionary. The Merriam-Webster Online Dictionary gives various definitionsof the " company," among which are: " a: a chartered commercial organization or medieval trade

guild; b: an association of persons for carrying on a commercial or industrial enterprise." These

1 Attached for reference.

1

definitions clearly encompass the District as you have described it. Accordingly, I conclude thatthe District is a" company" that provides a service " similar to" those listed in A.C.A. § 14- 200-

101( a)( 1)( E).

Based on the foregoing analysis, the Attorney General concluded that the Maumelle SuburbanImprovement District was a" public utility" within the meaning ofA.C.A. § 14- 200- 101( a)( 1)( E).

However, in 2011, the Attorney General, when considering the same question regardingthe Cherokee Village Waterworks Facilities Board of Sharp County ( A county facilities boardupon which the city of Cherokee Village sought to impose a franchise fee, Opinion 2011- 109) 2and came out with a somewhat different opinion. The opinion stated:

I cannot provide a definitive answer to your question. While there are good reasons to think

that the answer to your question is " yes," there are also good reasons to think that the

answer is " no." All I can do is explain those reasons because, in my view, neither set ofreasons is strong enough to clearly outweigh the other. Legislative clarification iswarranted.

The AG surmised that the situation in Cherokee Village was " rare... [ and] unique" because:

Sharp County, Arkansas formed a waterworks facilities board to serve the area that is nowincorporated as the City ofCherokee Village. Apparently, that county waterworks facilityhas continued to serve the area after it incorporated in the late 1990s and on up to the

present. This is an unusual scenario because, typically, cities are served either by their ownmunicipal water utility or by a privately owned public utility ( as distinguished from apublically-owned" public utility that is owned by a government entity) that provides the

water.

Of course, we know that the Cherokee Village scenario is not unique as Maumelle has a similar

arrangement where the public utility is" publically-owned," but it is not owned by the governmententity/municipality. It is instructive here because a PWA is, itself, by statute, a government entityseparate and apart from the City of Maumelle.

The analysis in Opinion 2011- 109 followed:

Your question is whether the county water facilities board (" Board") counts as a " public

utility" under this statute, so that the City may charge it a franchise fee. .... For purposes

of this opinion, we can make three observations about these general definitions. First, in

order to know whether the Board— or any other entity— counts as a" public utility," one

needs to know what the statute means by the undefined term" company." Did the legislatureintend this term to connote " corporation" or " commercial" or" privately owned"? Or was

the term intended to mean just any kind of association or organization? Second, is waterone of the " similar services" referenced in the definition? This issue arises because the

statute does not enumerate" water" alongside the other kinds of utility( electric, gas, sewer,

2 The full Opinion is attached for your complete reference.

2

etc.) when it enumerates the kinds of services that a " company" must provide in order toqualify as a" public utility."

These two observations lead to the third: the following is a necessary ( but insufficient)condition for the Board to count as a" public utility": the Board must be a" company" undersubsection 14- 200- 101( a).

The same analysis would follow for a Suburban Improvement District or a Public Water

Association; i.e., the SID or PWA must be a" company" under the relevant provisions. Because apublic utility" may appeal the actions of a municipality under this section to the Public Service

Commission, the Attorney General felt it instructive to reference the jurisdictional statutes for thePSC in trying to define " Public utility" and " company."

One PSC statute, A.C.A. § 23- 2- 302, attempts to define " company" in the context of thePSC' s jurisdiction over" public utilities" that provide water to municipalities:

a) The jurisdiction of the commission shall extend to and include: ( 1)( A) All

matters pertaining to the regulation and operation of all:

xvi) Water companies furnishing water within municipalities for municipal,domestic, or industrial use.

b) For the purpose of this act... every person, firm, association, company,

partnership, corporation, or other organizations engaged in the operation of anypublic utility above indicated shall be deemed to be a company within the meaningof this act.

Unfortunately, this definition is not entirely helpful because the legislature has used theword" company" in the definition of that very word, which makes it difficult to determinelegislative intent. Nevertheless, this quasi- definition sets out the following two-part

equation for what constitutes a" company":

Company" = ( a person, firm, association, company, partnership, corporation, or otherorganization)+( operating as a public utility)

The second part of the equation—" operating as a public utility"—does, however, offer

some insight into what the legislature meant by a " company." This is because the term

public utility" is defined in great detail. And it is defined in such a way that no waterfacilities owned by a city or town count as a ` public utility":

As used in this act, unless the context requires otherwise:

9)( A) "Public Utility" includes persons and corporations... owning or operating inthis state equipment or facilities for:

3

ii) Diverting, developing, pumping, impounding, distributing, or furnishing waterto or for the public for compensation. However, nothing in this subdivision shall beconstrued to include water facilities and equipment of cities and towns in the

definition ofpublic utility.

The PSC appears to interpret this section to exclude every publicly-owned public utilitythat provides water from the definition of a" public utility."

Accordingly, for purposes of the PSC, the Board is not considered a `public utility," which

means that, under the equation given above, the Board is also not a " company. "

In an effort to answer your question fully, I confirmed this conclusion and find it consistent withthe jurisdiction advertised and exercised by the PSC. According to their website, " The

Commission does not regulate municipal utilities of a city, a town, an improvement districtor any other public or quasi-public corporation which is created or organized under theConstitution or laws of the State of Arkansas." Arkansas Public Service Commission,

http:// www.apscservices. info/g w.asp.

Finally, the Attorney General, in opinion 2011- 109, concludes that analysis by stating that the PSCstatutes/jurisdiction and the provisions at the core of your question ( A.C.A. 14- 200- 101 et seq)should be read together because the legislature linked these two statutes in subsection 14- 200-

101( c) and says accordingly, the response would be " no, the Board is not subject to a franchise

fee from the City."

Unfortunately, the AG then goes one to analyze a different interpretation.

But there is a different way of reading subsection 14- 200- 101( a) that yields a differentanswer. This reading is grounded in the exceptions to subsection 14- 200- 101( a)' sdefinition of" public utility." After giving the two general definitions of a" public utility"for purposes of the franchise fee, subsection 14- 200- 101( a) lists three exceptions to the

definition: " except a company excluded from the definition of` public utility' under § 23-

1- 101( 9)( B)( ii), a consolidated utility district under § 14- 217- 101 et seq., and a water orlight commission under § 14- 201- 101 et seq." If the foregoing analysis of the seemingconnection between the PSC statutes and the franchisefee statute were correct, then there

would be no need for these exceptions. The first exception listed above references an entity

that is already excluded from the definition of a " public utility" in the PSC statutes atsubsection 23- 1- 101( 9)( B)( ii). And the second two exceptions are for publicly-ownedpublic utilities, which means that they would not count as " public utilities" under the PSCstatutes, at least to extent that they provide water services. So the fact that the legislaturespecifically excluded these kinds of entities suggests that " public utility," as used in the

franchisefee context, is broader than the term when used in the PSC context.

Under this analysis, the nature of the exceptions give us some reason to think that, in the

franchisefee context," public utility" includes publicly-owned public utilities. If that is the

4

case, then the Board would be included in the term " public utility" and, therefore, subjectto the City' s franchise fee.

The two views diverge on the question whether the term " public utility," as that term is

used in the PSC statutes and in the franchisefee statutes, is identical. If the terms are

identical, then the Board cannot be charged a fee. If the terms are not identical— or more

specifically, if that term is broader in the franchisefee context— then the Board probablycan be charged.

In my opinion, the arguments for and against each of these views are fairly evenly matched.Thus, I cannot conclusively opine on your question. Legislative clarification is warranted.

Based on my review, I find no merit in the " exception to the exception" argument and find itinteresting that the AG concluded that under that argument, the Board" probably" can be charged.

Based on the foregoing, it is clear that there is no specific statutory authority or case lawwhich directly answers this question, it is my legal opinion that a PWA is not a public utilitysubject to municipal control over rates for water and sewer service pursuant to A.C.A.§ 14-

200- 101.

PUBLIC WATER AUTHORITY STATUTES:

Furthermore, I disagree with the conclusion in the earlier AG opinion that a suburban improvement

district, which is a political subdivision of the State of Arkansas, is a " company" based on thedefinitions of the Merriam-Webster Online Dictionary. A.C.A. § 23- 1- 101( 9)( A) which provides

a statutory definition of" Public utility" specifically excludes improvement districts in subsectionii)(c). Similarly, those statutes creating and governing Public Water Authorities state they areA.C.A. § 4- 35- 104( b), " legislatively determined and declared to be essential governmental

functions." A.C.A. § 4- 35- 108 states:

Each project by a water authority and all income from each project is determinedand declared by the General Assembly to be public property used exclusively for apublic purpose and shall be exempt from ad valorem taxation by all taxingauthorities. (Emphasis Added.)

A PWA is exactly the sort of" publically-owned" public utility which is excluded from the PSCstatutes. This is further supported by the plain language of A.C.A. § 4- 35- 105( b) and ( c) which

state as follows:

b) It is specifically understood that, except for the provisions of this chapterestablishing and governing PWAs] or the provisions of any other chapter which

authorizes the conversion of a qualified corporation to a water authority, no other

statutes shall govern or pertain to the creation of a water authority under this chapteror the issuance ofbonds by a water authority. ( Note: All revenue bond issues are

serviced and secured by a PWA' s rate structure and income.)

5

c) A water authority authorized by this chapter shall have the right to perpetualsuccession as a public body politic and governmental entity. ( Emphasis Added).

None of the above statutory sections describes an entity which could be classified as a" company"under A.C.A. § 14- 200- 101( a). It is important that the ANRC' s General Counsel is of the same

legal opinion that PWA' s are not subject to a city' s approval of their rates.

The basis for my opinion in this regard are the following Sections of Ark. Code Ann. governingPWA' s ( which are attached hereto):

1. 4- 35- 104

2. 4- 35- 105

3. 4- 35- 109

4. 4- 35- 110

5. 4- 35- 210 with emphasis on( 19), ( 20) and( 22)

Read together, these statutes do not lend themselves to an interpretation that a municipality wouldhave the legal power to deny a PWA a rate increase duly adopted by the PWA' s Board ofDirectors.The statutes do clearly state that the PWA is exempt from the jurisdiction of the Public Service Commission.Inasmuch as the language of Section 4- 35- 110 is mandatory regarding the adequacy of a PWA' srevenues, it would place a tremendous burden upon a City Council' s resources to investigate andto make a legally adequate fact and accounting based determination that a PWA' s revenues beingderived from its existing rate structure for water and wastewater services were sufficient at alltimes to accomplish its statutory obligations in order to justify the City' s denial of any givenrequested rate increase by the PWA.

Since a PWA has the authority to issue bonds secured by pledges and indentures of water andsewer revenues and mortgage liens and security interests on real and personal property, the Boardof Directors has to have broad powers" to do and perform all acts and things and have and exercise

any power as may be convenient or appropriate to effectuate the purposes for which the waterauthority is formed" which includes the protection of the validity, enforceability and

creditworthiness of all debt instruments issued by the PWA. To restrict that ability, the CityCouncil will essentially be taking over the role of the Board of Directors. Not only is there noauthority for doing so, but to do so would likely impair the operations of the proposed Public WaterAuthority.

HISTORY:

Reviewing the history of rate increases by MSID 500 also supports my opnion that the City doesnot, and has not, had the authority to regulate rates. What has occurred previously was that the

Water Board and City Council worked together and approved the rate increase. Because there wasnever any indication that the rate increase would be denied, it has been untested in a Court of Lawas to the actual authority ( or lack thereof) of the City Council to regulate the approval authoritypurported under Ordinance No. 271. Reference to the Minutes and other materials which might

6

be available from the various discussions which took place at that time may shed significant lighton the Council' s understanding of the authority( or lack thereof).

Based on the statutes governing the establishment and government of Public Water Authorities inthe State of Arkansas, My legal opinion is that no public body has the direct authority to regulatethe rates of the proposed PWA other than its own Board of Directors or, perhaps, the Arkansas

Natural Resources Commission.

I can find no evidence of a divided vote on the MSID Board of Commissioners on the adoption of

water and sewer rate increases since 1973 to include the expression of any opposition from anyCity Liaison since 2001. All such issues have always been agreed upon by consensus of the Boardmembers and the City Liaisons, AND the City Council.

CONCLUSION:

Taken as a whole, I believe the intent of all of these PWA statutes is clear and a city has nojurisdiction over its rates. Clearly, all PWA's are subject to the general jurisdiction of the ArkansasNatural Resources Commission and to its Rules and Regulations none of which is currentlydirected to a PWA's rate making powers and authority. Importantly, it is also the opinion of theGeneral Counsel of the Arkansas Natural Resources Commission that the City would be actingoutside its legal authority to attempt to regulate where only the ANRC is authority to regulate.

7

Opinion No. 2003- 172

July 31, 2003

The Honorable Stephen Bright

State Representative

127 Southshore Drive

Maumelle, AR 72113- 5810

Dear Representative Bright:

You have presented the following questions for my opinion:

1) Under ACA 14- 200- 101( a)( 1)( E) is the Maumelle Water

Management District (the " District") a public utility by reason of itsactivities in providing water and sewer services to the residential,commercial and industrial consumers located within the corporate

limits of the City of Maumelle (" City")?

2) Pursuant to ACA 14- 200- 101( a)( 1)( A), does the City possess thelawful right and power to impose a franchise fee upon the District

based upon the gross revenues collected by the District for waterconsumption and sewer services provided to the water consumers

located within the corporate limits of the City?

3) If the City imposes a franchise fee upon the District based upon thegross revenues collected by the District for water consumption andsewer services provided to residential, commercial and industrial

consumers located within the corporate limits of the City, does theDistrict possess the lawful right and power to pass on to its

residential, commercial and industrial customers the amount of such

franchise fee together with the cost of billing, collecting and

remitting same to the City?

The Honorable Stephen D. Bright



Page 2

You have provided the following background information: The Maumelle

Suburban Improvement District No. 500 operates under the name Maumelle Water

Management ( the " District"). The District and its predecessor Maumelle New

Town Water & Sewer Suburban Improvement District No. 306 are both Arkansas

suburban improvement districts organized pursuant to Act No. 41 of 1941 as

amended by Act No. 286 of 1947, Act No. 16 of 1970 and Act No. 360 of 1971.When the District was formed in 1975, all of the area encompassed within its

boundaries was located in the unincorporated area of Pulaski County, Arkansas.The District' s improvements were originally financed through a one- timeassessment of the only two landowners within the District and through

government grants. Subsequent improvements have been financed through

operational revenues. The City of Maumelle was incorporated in 1985, and itsincorporated area encompassed the District.' The District now provides water and

sewer services to all of the residential, commercial and industrial consumers

located within the corporate limits of the City of Maumelle, which currently has apopulation in excess of 12, 000. The District now operates under the registered

fictitious name of Maumelle Water Management.

Recently, proposed Ordinance Number 475 has been filed with the Maumelle CityClerk for consideration by the Maumelle City Council to impose a franchise taxupon the revenues derived by the District from the sale of water and sewerservices. You have enclosed a copy of Ordinance 475 for my review. It purports

to impose a fee upon the District for the privilege of doing business within thecity. The fee is to be calculated on the basis of the District' s monthly revenues.

RESPONSE

Question 1 — Under ACA 14-200-101( a)( 1)( E) is the Maumelle Water

Management District (the " District") a public utility by reason of its activities inproviding water and sewer services to the residential, commercial and industrialconsumers located within the corporate limits of the City ofMaumelle (" City")?

I note that A.C.A. § 14- 92- 205, one of the statutes under which the District was organized as a suburban

improvement district, provides that the majority of the reality within a suburban improvement district mustnot be located within the city limits of a municipality. The law does not address the effect of the

incorporation of the entire area of a district into a municipality. You have not asked about the impact ofthat issue upon the situation you have described, nor do I address that issue herein.




Page 3

It is my opinion that the Maumelle Water Management District, as you havedescribed it, is a " public utility" within the meaning of A.C.A. § 14- 200-

101( a)( l)(E).

That statute defines the term" public utility" as follows:

E) The term " public utility", for the purposes of this section, shall

mean any electric, gas, sewer, or telephone company, and any

company providing similar services, except those currentlyexcluded pursuant to § 23- 1- 101( 9)( B)( ii); and provided further that,

when franchise fees assessed for basic local exchange services are

based on revenues, such revenues shall consist of revenues from

basic local service, excluding, among other things, extension,

terminal equipment, toll, access, yellow pages, and other

miscellaneous equipment revenues.

A.C.A. § 14- 200- 101( a)( 1)( E) ( emphasis added).

In my opinion, a water improvement district falls within the meaning of the phraseemphasized above: " any company providing similar services." Water service, in

common parlance, is similar to the various public services listed in the previous

phrase (electric, gas, sewer, and telephone service) and is commonly grouped withsuch services in ordinary discourse. Moreover, water improvement districts do notfall within the exception language ( i.e., it is not one of the entities that are

excluded from the definition of " public utility" under A.C.A. § 23- 1-

101( 9)( B)( ii)2). Although a question could arise as to whether a suburban

improvement district is a " company," it is my opinion that the District, as youhave described it, does constitute a " company" for purposes of A.C.A. § 14- 200-

101( a)( 1)( E). The term " company" is not defined for purposes of the statute.

Accordingly, it must be given its ordinary meaning in common usage. See

Bourne, v. Board of Trustees, 347 Ark. 19, 59 S. W.3d 432 ( 2001). A good source

for determining ordinary meaning in common usage is the dictionary. The

2 A.C.A. § 23- 1- 101( 9)( B)( ii) states:

B) The term" public utility", as used for rate- making purposes only:

ii) Shall not include persons or corporations providing cellular telecommunications service and notproviding any other public utility service in this state, unless the commission finds by order, after noticeand hearing and upon substantial evidence, and which shall not take effect pending appeal therefrom, thatthe public interest requires the application of some or all of the provisions of subdivision( 9) of this section

to such persons or corporations.




Page 4

Merriam-Webster Online Dictionary gives various definitions of the " company,"

among which are: " a: a chartered commercial organization or medieval trade

guild; b: an association of persons for carrying on a commercial or industrialenterprise." These definitions clearly encompass the District as you havedescribed it. Accordingly, I conclude that the District is a " company" that

provides a service " similar to" those listed in A.C.A. § 14- 200- 101( a)( 1)( E).

For the foregoing reasons, I conclude that the Maumelle Water ManagementDistrict is a" public utility" within the meaning of A.C.A. § 14- 200- 101( a)( 1)( E).

Question 2 — Pursuant to ACA 14-200-101( a)( 1)( A), does the City possess thelawful right and power to impose a franchise fee upon the District based upon

the gross revenues collected by the District for water consumption and sewerservices provided to the water consumers located within the corporate limits ofthe City?

It is my opinion, as explained more fully below, that the answer to the question ofwhether the city is authorized to impose the fee at all under the authority of A.C.A.

14- 200- 101 ( regardless of how it is calculated) will depend upon who owns the

space located within the City that is utilized by the District. Assuming that thecity does have the authority to impose the fee under A.C.A. § 14- 200- 101, the

manner of its calculation will be presumed reasonable, but could present a

problem if the fee is deemed to constitute a license to do business under A.C.A. §

26- 77- 102. Again, these issues are discussed more fully below.

I will begin by setting forth the statutory section at issue. It states:

a)( 1) Acting by ordinance or resolution of its council, board ofdirectors, or commission, every city and town shall have jurisdictionto:

A) Except as provided in § 23- 4- 201, determine the quality andcharacter of each kind of, and rates for, product or service to be

furnished or rendered by any public utility within the city or townand all other terms and conditions, including a reasonable franchisefee, upon which the public utility may be permitted to occupy thestreets, highways, or other public places within the municipality, andthe ordinance or resolution shall be deemed prima facie reasonable,

provided that no franchise fee shall exceed the higher of the amount




Page 5

in effect as to that entity on January 1, 1997, or four and one- quarterpercent (4 1/ 4%), unless agreed to by the affected utility or approvedby the voters of the municipality[.]

A.C.A. § 14- 200- 101( a)( 1)( A).

In City of Little Rock v. AT&T Comm., S. W., 318 Ark. 616, 888 S. W.2d 290

1994), the Arkansas Supreme Court upheld a franchise fee that had been imposed

by the city on AT& T under the authority of A.C.A. § 14- 200- 101( a)( 1)( A). In

discussing the statute, the court explained that the franchise fees that are

authorized by A.C.A. § 14- 200- 101( a)( 1)( A) are " in form, rental payments for a

public utility' s use of the municipality' s right-of-way[.]" City of Little Rock v.AT&T Comm., S. W., 318 Ark. at 620.

The court' s characterization of the franchise fees as " rental payments" indicates

that such fees are appropriate only when the utility is utilizing space owned by thecity. Thus, if the City of Maumelle owns the space utilized by the District inproviding water service, a franchise fee for the use of that space is authorizedunder A.C.A. § 14- 200- 101.

I note that the holding ofAT&T, supra, appears to resolve any doubt as to whethera franchise fee that is duly imposed under the authority of A.C.A. § 14- 200- 101

could be characterized as an unlawful " tax." The AT&T court held that the tax/feecases3

involving a dispute of that nature are simply inapplicable to situations inwhich the city is statutorily authorized to impose franchise fees upon publicutilities for the use or occupancy of the cities' rights- of-way. Regarding this issue,the court stated:

T]he fee imposed by the City of Little Rock here against AT& T iscalled a " franchise" fee, and is wholly different from those feesdiscussed and dealt with in [ City ofMarion v. Baioni, 312 Ark. 423,850 S. W.2d 1 ( 1993) ( fee proceeds must be strictly segregated fromgeneral revenues in order to avoid being classified as a " tax.")]. Bystatutory law, a municipality may by ordinance assess and determinea rate/ fee for service rendered by any public utility occupying streets

3 See, e.g., Harris v. City ofLittle Rock, 344 Ark. 95, 40 S. W.3d 214( 2001); Tucker v. Holt, 343 Ark. 216,

33 S.W.3d 110( 2000); Barnhart v. City ofFayetteville, 321 Ark. 197, 900 S. W.2d 539( 1995); City ofMarion v. Baioni, 312 Ark. 423, 850 S. W.2d 1 ( 1993); City ofNorth Little Rock v. Graham, 278 Ark. 547,647 S. W.2d 452( 1983).




Page 6

rights-of-way) within the municipality, and such an ordinance isdeemed prima facie reasonable. Ark. Code Ann. 14- 200- 101 - 14-

200- 104. In common Parlance, such franchise fees are, in form,rental payments for a public utility' s use of the municipality' s right-of-way[.]

City ofLittle Rock v. AT&T Comm., S. W, 318 Ark. at 620.

Thus, it appears that a franchise fee that is duly imposed under the authority ofA.C.A. § 14- 200- 101 cannot be argued to constitute an unlawful " tax."

The fact that the fee that would be imposed under Ordinance No. 475 is to be

calculated on the basis of revenues does not present a problem under A.C.A. § 14-

200- 102. Even though that statute does not provide a formula for calculating thefranchise fee, the statute does state that ordinances imposing such fees are to bedeemed prima facie reasonable ( provided they are within the statutory limits), and

a challenger will bear the burden of showing otherwise. Indeed, the AT&T court

noted this fact and even rejected the argument that a right-of-way franchise feemust in all cases be based upon the occupation of physical space within the city.The fee in that case was a $. 004 per minute charge on all long distance telephonecalls that were billed to city service addresses. The court did note that a

calculation based on the occupation of physical space might be more reasonable

for types of businesses other than the telecommunications business, which

involves the transmission of intangible and physically immeasurable units.

A revenue-based calculation does, however, bring to mind another issue that couldarise concerning Ordinance No. 475. A question could be raised as to whether the

fee imposed under the ordinance actually constitutes a license to do business in thecity, such as is authorized under A.C.A. § 26- 77- 102. If so, the fact that the fee is

calculated on the basis of revenue would be problematic. Cities are prohibited

from calculating the license fees that are authorized by A.C.A. § 26- 77- 102 on the

basis of income. See A.C.A. § 26- 77- 102( d); WSC, Inc. V. City of Jacksonville,302 Ark. 295, 789 S. W.2d 448 ( 1990). The Arkansas Supreme Court has never

addressed the question of how to distinguish a license fee under A.C.A. § 26- 77-

102 from a franchise fee under A.C.A. § 14- 200- 101.

Question 3— Ifthe City imposes afranchisefee upon the District based upon thegross revenues collected by the District for water consumption and sewerservices provided to residential, commercial and industrial consumers located




Page 7

within the corporate limits of the City, does the District possess the lawful rightandpower to pass on to its residential, commercial and industrial customers the

amount of such franchise fee together with the cost of billing, collecting andremitting same to the City?

It is my opinion that the provisions of A.C.A. § 14- 200- 101( a)( 1)( D) expressly

authorize the District to pass the amount of the franchise fee authorized thereunder

to its customers. However, the statute does not authorize passing on the cost ofbilling, collecting, and remitting the franchise fee. The pertinent section of the

statute states:

D) Nothing herein shall limit the authority of the public utility tocollect from its customers residing in each municipality an amountwhich equals the franchise fee assessed by the municipality on thepublic utility[.]

A.C.A. § 14- 200- 101( a)( 1)( D).

On the basis of this plain language, I conclude that the District may pass on to itscustomers an amount equal to the franchise fee, but it may not pass on to itscustomers the cost of billing, collecting, and remitting the franchise fee to the City.

As a final matter, I point out that under the provisions of A.C.A. § 14- 200- 101,

public utilities upon which a city imposes a franchise fee are entitled to appeal tothe Public Service Commission, which has the authority to investigate, hear, anddetermine the issues.

Assistant Attorney General Suzanne Antley prepared the foregoing opinion, whichI hereby approve.

Sincerely,

MIKE BEEBE

Attorney General


October 19, 2011

The Honorable Linda Collins-Smith


Post Office Box 90

Pocahontas, Arkansas 72455- 0090

Dear Representative Collins- Smith:

You have asked for my opinion on whether a city may charge a franchise fee to acounty public facilities board that operates a waterworks facility. I have

paraphrased your question as follows:

An entity known as " The Cherokee Village Waterworks Facilities

Board of Sharp County" provides water to the City of CherokeeVillage. Arkansas Code Annotated section 14- 200- 101 permits cities

to charge " public utilities" a franchise fee for the privilege of usingthe city' s rights of way. Does this entity qualify as a " public utility,"as that term is defined in section 14- 200- 101, such that the Citycould charge it a franchise fee?

RESPONSE

Unfortunately, I cannot provide a definitive answer to your question. While thereare good reasons to think that the answer to your question is " yes," there are also

good reasons to think that the answer is " no." All I can do is explain those reasons

because, in my view, neither set of reasons is strong enough to clearly outweighthe other. Legislative clarification is warranted.

DISCUSSION

The scenario you describe appears to be very rare, if not unique. In the early1980s, Sharp County, Arkansas formed a waterworks facilities board to serve the

The Honorable Linda Collins-Smith



Page 2

area that is now incorporated as the City of Cherokee Village.' Apparently, thatcounty waterworks facility has continued to serve the area after it incorporated inthe late 1990s and on up to the present. This is an unusual scenario because,typically, cities are served either by their own municipal water utility or by aprivately

owned2

public utility that provides the water.

A" franchise fee"— which is a fee the City wishes to charge— is a fee assessed bycities against a" public utility" for the privilege of using the city' s streets and otherrights of way.

3In A.C.A. § 14- 200- 101 ( Supp. 2011), the General Assembly gave

cities the authority to charge franchise fees to a " public utility": "Acting byordinance or resolution of its council... every city... shall have jurisdiction

to... determine the terms and conditions upon which a public utility may bepermitted to occupy the streets... or other public places within the municipality,including...[ a] reasonable franchise fee."

4

Your question is whether the county water facilities board (" Board") counts as a

public utility" under this statute, so that the City may charge it a franchise fee.The statute defines " public utility" by giving two general definitions and thenproviding three exceptions from those definitions. As for the general definitions,the statute says, first, that " public utility" means " any electric, gas, sewer, ortelephone company" and, second, that it means " any company providing similarservices."

For purposes of this opinion, we can make three observations about these general

definitions. First, in order to know whether the Board— or any other entity—counts as a " public utility," one needs to know what the statute means by theundefined term " company." Did the legislature intend this term to connote

corporation" or " commercial" or " privately owned"? Or was the term intended to

mean just any kind of association or organization? Second, is water one of the

The authority governing such boards is found at A.C.A. §§ 14- 137- 101 to— 123 ( Rep'. 1998 &

Supp. 2011).

2 I distinguish a " privately-owned" public utility from a " publicly-owned" public utility. By thelatter, I mean one that is owned by a governmental entity.

3 See City ofLittle Rock v. AT&T Communications of the Southwest, Inc., 318 Ark. 616, 621, 888S. W.2d 290, 293 ( 1994).

4A.C.A. § 14- 200- 101( b)( 1)( Supp. 2011).

The Honorable Linda Collins- Smith



Page 3

similar services" referenced in the definition? This issue arises because the statute

does not enumerate " water" alongside the other kinds of utility ( electric, gas,

sewer, etc.) when it enumerates the kinds of services that a " company" must

provide in order to qualify as a" public utility."

These two observations lead to the third: the following is a necessary ( but

insufficient) condition for the Board to count as a " public utility": the Board must

be a" company" under subsection 14- 200- 101( a).

So the threshold question is whether there is good reason to think that the Board isor is not) a " company" under this statute. While section 14- 200- 101 does not

define " company," it is defined in the statutes regulating the Arkansas PublicService Commission (" PSC"). Indeed, the definition of the wider term " public

utility" is critical to the mission of the PSC. Given the similar subject matter, a

review of the PSC statutes might offer insight into what the legislature intendedwith regard to both " public utility" and " company" as those terms appear in

subsection 14- 200- 101( a).

One PSC statute, A.C.A. § 23- 2- 302, attempts to define " company" in the contextof the PSC' s jurisdiction over " public utilities" that provide water to

municipalities:

a) The jurisdiction of the commission shall extend to and include:

1)( A) All matters pertaining to the regulation and operation ofall:

xvi) Water companies furnishing water within municipalitiesfor municipal, domestic, or industrial use.

b) For the purpose of this act... every person, firm, association,company, partnership, corporation, or other organizations engaged inthe operation of any public utility above indicated shall be deemedto be a company within the meaning of this act.

5

5A.C.A. § 23- 2- 302( Repl. 2002)( emphasis added).




Page 4

Unfortunately, this definition is not entirely helpful because the legislature hasused the word " company" in the definition of that very word, which makes itdifficult to determine legislative intent. Nevertheless, this quasi-definition sets out

the following two-part equation for what constitutes a " company":

Company" = ( a person, firm, association, company, partnership,corporation, or other organization) + ( operating as a public utility)

The second part of the equation—" operating as a public utility"—does, however,offer some insight into what the legislature meant by a" company." This is because

the term " public utility" is defined in great detail. And it is defined in such a waythat no water facilities owned by a city or town count as a" public utility":

As used in this act, unless the context requires otherwise:

9)( A) " Public Utility" includes persons and corporations... owning

or operating in this state equipment or facilities for:

ii) Diverting, developing, pumping, impounding, distributing, orfurnishing water to or for the public for compensation. However,nothing in this subdivision shall be construed to include waterfacilities and equipment of cities and towns in the definition of

public utility.

For purposes of its jurisdiction, the PSC appears to interpret this bolded section to

exclude every publicly-owned public utility that provides water from the definitionof a " public utility."

6

Accordingly, for purposes of the PSC, the Board is notconsidered a " public utility," which means that, under the equation given above,

the Board is also not a" company."

6 The PSC' s website reflects the Commission' s view that it lacks jurisdiction over publicly-ownedpublic utilities: " The Commission does not regulate municipal utilities of a city, a town, animprovement district or any other public or quasi- public corporation which is created ororganized under the Constitution or laws of the State of Arkansas." Arkansas Public Service

Commission, http://www.apscservices. info/g_w.asp( last visited October 5, 2011).




Page 5

The PSC' s interpretation of " public utility" and " company" as excluding all

publicly-owned public utilities is instructive for us when analyzing section 14-200- 101 because the legislature linked these two statutes in subsection 14- 200-101( c). There, the legislature permitted a " public utility" that was assessed a

franchise fee to appeal that assessment to the PSC. Accordingly, because both setsof statutes relate to a similar subject matter— namely, identifying what entitiescount as " public utilities"— we should try to read the two sets of statutes together,if possible.

What all this tends to show is ( 1) that the terms " public utility" and " company," as

used in the PSC and franchisefee contexts, are related; and ( 2) that, given that

relationship, a franchisee fee cannot be assessed against a publicly-owned publicutility.

8

If the foregoing were all we had to go on, the answer to your questionwould be " No, the City probably cannot charge the Board a franchise fee."

But there is a different way of reading subsection 14- 200- 101( a) that yields adifferent answer. This reading is grounded in the exceptions to subsection 14- 200-101( a)' s definition of" public utility." After giving the two general definitions of apublic utility" for purposes of the franchise fee, subsection 14- 200- 101( a) lists

three exceptions to the definition: " except a company excluded from the definitionof` public utility' under § 23- 1- 101( 9)( B)( ii), a consolidated utility district under §14- 217- 101 et seq., and a water or light commission under § 14- 201- 101 et seq." If

the foregoing analysis of the seeming connection between the PSC statutes and thefranchise- fee statute were correct, then there would be no need for these

exceptions. The first exception listed above references an entity that is alreadyexcluded from the definition of a " public utility" in the PSC statutes at subsection23- 1- 101( 9)( B)( ii). And the second two exceptions are for publicly-owned publicutilities, which means that they would not count as " public utilities" under the PSC

This is the statutory canon requiring statutes be read together when they are in pari materia. See,e.g., Hinjosa v. State, 2009 Ark. 301, 13, 319 S. W.3d 258, 265.

8 One of my predecessors opined that a city could charge a franchise fee to its own publicly-owned water utility. Op. Att' y Gen. 2003- 172. This conclusion was reached because, according tomy predecessor, " water services" are a" similar service" as contemplated by subsection 14- 200-101( a); and, under a dictionary-definition of" company," a publicly-owned entity is a" company."However one might evaluate these two arguments, the conclusion they lead to is, in my view,dubious. The purpose of the franchise fee is to charge an entity for the privilege of using the city' srights of way. It makes little sense to say that a city can charge itself for the privilege of using itsown rights of way.




Page 6

statutes, at least to extent that they provide water services. So the fact that thelegislature specifically excluded these kinds of entities suggests that " public

utility," as used in the franchisefee context, is broader than the term when used inthe PSC context.

Under this analysis, the nature of the exceptions give us some reason to think that,

in the franchisefee context, " public utility" includes publicly-owned publicutilities. If that is the case, then the Board would be included in the term " public

utility" and, therefore, subject to the City' s franchise fee.

In summary, there are two plausible, but opposed, answers to your question. Thetwo views diverge on the question whether the term " public utility," as that term is

used in the PSC statutes and in the franchisefee statutes, is identical. If the terms

are identical, then the Board cannot be charged a fee. If the terms are not

identical— or more specifically, if that term is broader in the franchise- feecontext— then the Board probably can be charged.

In my opinion, the arguments for and against each of these views are fairly evenlymatched. Thus, I cannot conclusively opine on your question. Legislative

clarification is warranted.

Assistant Attorney General Ryan Owsley prepared this opinion, which I herebyapprove.

Sincerely,

DUSTIN MCDANIEL

Attorney General

DM/RO:cyh

5/ 14/2014 Arkansas Public Service Commission- Electric Section

R; y (.. ,, IPi thm'° ih ?` I LL " rjr9a III rr i ca III Yr *„ F

ri 4 - r _

Home ', Commission Info Utilities Tax Consumer Services', Rules/Forms Energy Efficiency', Contact Us Espanol

PASGAS AND WATER SECTION Ris leases

Gas C t

Rules I Forms! Annual Reports! Rate Schedules! Certified Companies I FAQ TO 1ps

Water

Rules i Forms Annual Reports i Rate Schedules! Certified Companies i FAQPutbtic

CommentsGas and Water Utilities the Commission Regulates

The Arkansas Public Service Commission ( APSC) regulates four natural gas utilities: Arkansas Oklahoma Gas Corporation, CenterPoint

Energy Arkansas Gas, Logan Township Gas User's Association, and Source Gas Arkansas Inc. The APSC regulates one water utility: DailyLiberty Utilities( Pine Bluff Water) Inc. Currently the APSC does not regulate any sewer utilities.

Filings

What The Commission Does Not Regulate

The Commission does not regulate municipal utilities of a city, a town, an improvement district or any other public or quasi-public corporationwhich is created or organized under the Constitution or laws of the State of Arkansas. Also, the Commission does not regulate any Class BI Ic

or lower water and sewer companies ( less than $ 999, 999 per year in water or sewer revenues) or property owners' associations whose Ftlfngfacilities are enjoyed only by members of that association or residents of the community govemed by that association. Syst4m

Rate Schedules

Rates, riders, rules, and terms and conditions for service are found in the utility tariffs approved by the Commission for each j urisdictional gasOnline

and water utility. Services

UNly Filings,

1a. It# eiSeerah,

Contact Information: kaperts,

Robert Boothf ` t1N#tlar,

Manager- Gas& Water Section fnrlnterdannodHonArkansas Public Service Commisson tmegetn

Agreements

E mail

ibinciumicizm

You Will Need Adobe Acrobat To View Documents On This Webstelerhawerstir

Get; A rThe Arkansas Public Sery ice Commission is open Monday- Friday- 8: 00 a. m.- 4: 30 p. m( Governors Policy Directive No. 5) Copyright m 2007- 2014 Arkansas Public Sery ice Commission. All rights reserved.

Revised'. Wednesday. May 14, 2914

Employment Opportunities and RFP' s j Links Privacy Policy Site Map

http://www.apscsertices. info/g w.asp 1/ 1

A.C.A. § 4-35- 104

Legislation is current through the 2013 Regular Session and updates received from the ArkansasCode Revision Commission through Novemberl5, 2013. Annotations are current through

January 16, 2014.

Arkansas Code Annotated > lltk 4 Business and Commercial Lam > Subtitle 3. CorporationsAnd Associations > Chapter 35 Water Authority Act > Subchapter 1-- General Provisions

4-3S-104. Construction.

a)

1) This chapter shall be liberally construed in conformity with its intent.2) To this end, it shall not be necessary to comply with the general provisions of other

laws dealing with public facilities, their acquisition, construction, leasing, encumbering,or disposition, including particularly, without limitation, bidding and appraisalrequirements.

h) All acts and activities of a water authority performed pursuant to the authority of thischapter are legislatively determined and declared to be essential governmental functions.

Acts 2003. No. 1330. 3.Annotations

IResearch References& Practice Aids

H.IERARCEY NOTES:

Tit. 4, Subtit. 3 Note

Tit. 4, Subtit. 3, Ch. 35 Note

Arkansas Code of 1987 Annotated Official Edition2014 by the State of Arkansas All tights reserved.

A.C.A. § 4-35- 105

Legislation is current through the 2013 Regular Session and updates received from the ArkansasCode Revision Commission through November15, 2013. Annotations are current through

January 16, 2014.

Arkansas Code Annotated > TItle 4 Business and Commercial Law > Subtitle 3. Corpora/wasAnd Associations > Chapter 3S Water Authority Act > Subchapter 1— General Provisions

4L3...5-105. Authority generally.a) There is conferred upon a water authority the authority to take action and to do or cause

to be done the things that shall be necessary or desirable to' accomplish and implement thepurposes and intent of this chapter according to the import of this chapter.

b) It is specifically understood that, except for the provisions of this chapter or the provisionsof any other chapter which authorizes the conversion of a qualified corporation to a water

authority, no other statutes shall govern or pertain to the creation of a water authorityunder this chapter or the issuance of bonds by a water authority.

c) A water authority authorized by this chapter shall have the right to perpetual successionas a public body politic and governmental entity.

d) The Arkansas Natural Resources Commission shall have the authority, including thepowers set forth in § 15-20-206, to promulgate rules and regulations for carrying out theintent of this chapter.

Hist*

Acts: 200 . No, ( 330. 4' 3.Annotations

Research References& Practice Aids

HIERARCHY NOTES:


lit. 4, Subtit. 3, Ch. 35 Note

Arkansas Code of 1987 Annotated Official Edition0 2014 by the State of Arkansas All rights reserved.

A.C.A. § 4-35- 109


January 16, 2014.

Arkansas Code Annotated '> 7tle 4 Business and Commercial Law > Subtitle 3. CorporationsAnd Associations > Chapter 35 Water Authority Act > Subchapter 1-- General Provision:

4-33-109. Arkaneaq Public Service Commission-- Exemption from jurisdiction.

Water authorities organized under this chapter shall be exempt in any and all respects from thejurisdiction and control of the Arkansas Public Service Commission.

History JActs 2003. No. 1330. 4 3.

Annotations

IResearch References& Practice Aids tIIWRARC NOTES:


lit.4, Subtit. 3, Ch. 35 Note

Arkansas Code of 1987 Annotated Official Edition2014 by the State of Arkansas All rights reserved.

A.C.A. 4-35- 110


January 16, 2014.

Arkansas Code Annotated > Title 4 Business and Comnierci I Law > Subtitle 3. CorporationsAnd Associations > Chapter 35 Water Authority Act > Subchapter I— General Provisions

4-35410. Revenues.

a) A water authority formed pursuant to this chapter shall be operated without profit, but therates, fees, rents, or other charges for water or wastewater collection, disposal, andtreatment and other facilities, supplies, equipment, or services furnished by the waterauthority shall be sufficient at all times:

1) To pay all operating and maintenance expenses necessary or desirable for the prudentconduct of its affairs and the principal of and interest on the obligations issued orassumed by the water authority in the performance of the purposes for which it wasorganized; and

2) For the creation of adequate reserves.

b) The revenues of the water authority shall be devoted first to the payment of operatingand maintenance expenses and the principal and interest on outstanding obli tions, andthereafter to reserves for improvements, new construction, depreciation, and contingenciesas the board of directors may prescribe from time to time and to other purposes approvedby the board, including rebates to water users.

Elston,

Acts 2003. No. 1330, 3; 2005. No. 1653, ZAnnotations


HIERARCHY NOTES:

Tit. 4, Subtit, 3 Note

4, Subtit. 3, Ch. 35 Note

Arkansas code of 1987 Annotated Official EditionCo 2014 by the State of Arkansas All rights reserved.

A,C*A. § 4-35-210


January 16, 2014.Arkansas Code Annomied > 7Ytk 4 Business and Commercial Law > Subtitle 3 CorporationsAnd Associations > Chapter 35 Water Authority Act > Subchapter 2-- Formation ofandConversion to a Public Wafer Authority

4-35410. Powers generally.

A water authority shall have the following powers, together with all powers incidental theretoor necessary to the discharge thereof:

1) To have succession in its designated name;

2) To sue and be sued and to prosecute and defend suits in any court having jurisdictionof the subject matter and of the parties;

3) To make use of a seal and to alter it at pleasure;

4) To adopt and alter bylaws for the regulation and conduct of its affairs and business;

5) To acquire, whether by purchase, gift, lease, devise, or otherwise, property of everydescription that a board of directors may deem necessary to the acquisition, construction,equipment, improvement, enlargement, operation, acninisuAtion, or maintenance of aproject and to hold title thereto;

6) To construct, enlarge, equip, improve, maintain, administer, and operate one( 1) ormore projects;

7) To borrow money for any of its purposes;

8) To sell and issue its interest-bearing bonds;9) To sell and issue refunding bonds;

10) To secure any of its bonds by pledge and indenture as provided in this subchapter;

11) To appoint, employ, and compensate such general managers, executive directors, agents,architects, engineers, attorneys, accountants, and other persons and employees as the

business of the water authority may require;

12) To provide for such insurance as the board may deem advisable;13) To invest any of its funds that the board may determine are not presently needed for

its operational purposes in obligations that are direct or guaranteed obligations of theUnited States or other securities in which public funds may be invested under the lawsof this state;

14) To invest the proceeds of bonds or any debt service reserves or sinking fundssecuring the payment of the bonds in any obligations, securities, repurchase agreements,or investment agreements authorized or permitted by the resolution of the waterauthority authorizing the same or the indenture securing the same;

15) To contract, lease, and make lease agreements respecting its properties or any partthereof as lessor or lessee, including financing lease agreements;

161_To_eX§teise the oteminent domain in accordance with the procedures

Page 2 of 2A.C.A. § 4-35- 210

17) To sell and convey, mortgage, pledge, or otherwise dispose of any of its:A) Properties;

B) Assets;

C) Franchises;

D) Rights;

E) Privileges;

F) Licenses;

G) Rights-of-way; andH) Easements;

18) To own and operate facilities necessary to provide potable water and associatedservices and to provide wastewater collection, disposal, and treatment to Arkansasresidents;

19) To fix, regulate, and collect rates, fees, and rents or other charges for water andwastewater collection, disposal, and treatment and any other facilities, supplies,equipment, or services furnished by the water authority;

20) To do and perform all acts and things and have and exercise any power as may beconvenient or appropriate to effectuate the purposes for which the water authority isformed;

21) To purchase, receive, or in any manner acquire, own, hold, and use any real andpersonal property or any interest on the property on the terms as determined by theboard of the water authority to be in the best interest of the water authority; and

22) To enter into water contracts for the purchase or sale of water on a wholesale basison the terms and conditions the board determines are in the best interest of the water

authority.

iHistory

Acts 2003. No. 1330. § 3; 2005. No. 3653,Annotations

Research References& Practice Aids IHIERARCHY NOTES:


Tit. 4, Subtit. 3, Ch, 35 Note

Tit, 4, Subtit. 3, Ch. 35, Subch. 2 Note


4-35- 110


January 16, 2014.

Arkansas Code Annotated > Title 4 Business and Commercial Law > Subtitle 3 CorporationsAnd Associations > Chapter 35 Water Authority Act > Subchapter 1-- General Provisions

Js.iio. Revenues.a) A water authority formed pursuant to this chapter shall be operated without profit, but the

rates, fees, rents, or other charges for water or wastewater collection, disposal, andtreatment and other facilities, supplies, equipment, or services furnished by the waterauthority shall be sufficient at all times;

1) To pay all operating and maintenance expenses necessary or desirable for the prudentconduct of its affairs and the principal of and interest on the obligations issued orassumed by the water authority in the performance of the purposes for which it wasorganized; and

2) For the creation of adequate reserves.

b) The revenues of the water authority shall be devoted first to the payment of operatingand maintenance expenses and the principal and interest on outstanding obligations, andthereafter to reserves for im, rovements, new construction, de treciation, and contin: enciesas the board oLttirsEtsxpressraL:rrnLst2un time and to other purposes approved

b the board includin: rebates to water users.

I ffistoryActs 2003, Na, 1330, 4 3; 2005. No. 1653, 2.Annotations


HIERARCITY NOTES:


Tit. 4, Subtit. 3, Ch. 35 Note


Joshua Clausen

From: mosleyaldermanwardl @aol. com

Sent: Wednesday, May 14, 2014 5: 09 PMTo: Joshua Clausen; JaNan Davis; Mike Watson

Subject: Fwd: Replacement Memo for packet in regard to Proposed PWA Ordinance

May 14, 2014

To: Fellow Council Members

From: Alderman Steve Mosley

Subject: Proposed PWA Ordinance

I had asked City Attorney Davis to prepare an appropriate replacement ordinance for ordinance# 271 that was passedback in 1995 by the Maumelle City Board. The old ordinance required Maumelle Water Management(" MWM") to present

any proposed rate increases to the City Board for approval. My intent was for the replacement ordinance to apply to anew PWA that is in the process of being created by MWM. Because only 2 of the 5 directors on the new PWA would becandidates" nominated" by the City Council, I considered it prudent to keep the" check and balance" afforded byordinance# 271 in place with the replacement ordinance.

Ms. Davis has expressed her lack of comfort in regard to a new ordinance and I had asked her to elaborate. It appears

she has done so in a memo to me and the rest of the Council that she has placed in the Council packet here on Thursdayafternoon. I appreciate her efforts in this regard and look forward to reading her comments.

For your reference, I have included a copy of the current ordinance# 271 from 1995 and the Arkansas code 14-200- 101that is referred to in that ordinance. I have also included a copy of AG Opinion 96- 001 which refers to litigation that wasongoing in 1996 apparently over the old ordinance# 271.

With MWM in the process of going from an MSID to a PWA, I think it is important to do all we can toencourage public accountability, transparency, and preserve checks and balances that would be beneficial to ourresidents. Legal considerations may limit what we would like to do in this regard, but if there are in fact someavenues available for us to stand up for our residents, I think we should promptly proceed forward.

Respectfully,

Steve MosleyAlderman

Ward 1, Position 1

i

BE TT ENACTED BY THE BOARD OF DIRECTORS OF THE CITY OF MAUMELLE,E,COUNTY OF PULASKI, STATE OF ARKANSAS

AN ORDINANCE ENTITLED:

ORDINANCE NO. 2 7 t

AN ORDINANCE GRANTING THE BOARD OFDIRECTORS OF THE CITY OF MAUMELLETHE AUTHORITY TO APPROVE RATES ANDOTHER TERMS AND CONDITIONS PORPRODUCTS AND SERVICES PROVIDED BYTHE MAUMELLE SUBURBAN IMPROVEMENTDISTRICT NUMBER 500 WITHIN THE CITYOF MAUMELLE.

WHEREAS, the citizens of the City of Maumelle receive certain products and or

services from public utilities, including, but not limited to, water and sewer service from

the Maumelle Suburban Improvement District Number 500; and,

WHEREAS, pursuant to Arkansas Code Annotated § I4-200- 101, the Board of

Directors of The City of Maumelle has the authority to determine rates for products or

services furnished or rendered said public utility and to determine all other berms andby p nt ty

conditions upon which the public utility may be permitted to occupy the streets, highways,

or other public places within the City; and,

NOW, THEREFORE, BE iT ORDAINED BY THE BOARD OF DIRECTORS OF

THE CITY OF MAUMELLE, ARKANSAS, AS FOLLOWS:

1. All rase; increases of the Maumelle Suburban Improvement District Number

500, doing business as Maumelle Water Management, for water and sewer services shall

be approved by the Board of Directors. The Mawmelle Suburban Improvement District

shall give thirty ( 30) days prior written notice to the Board of the proposed rate increase

and the Board shall set a public hearing on the rate increase within thirty ( 30) days

thereafter. The proposed rate increase shall be voted on at the Board's next regular meeting

following the public hearing.

2. The Board of Directors shall have the authority to periodically review the

quality of products or services rendered by said public utility and the authority to determine

all tuns and conditions upon which the public utility may be permitted to occupy the

streets, highways, or other public places within the City.

3. EMERGENCY CLAUSE. It is ascertained and declared that it is necessary

for the health and preservation of public safety and public welfare for the citizens of the

City of Matunelle, Arkansas, that the foregoing Ordinance be passed and adoptexl because

the aforementioned public utility is threatening to put into effect increased water and sewer

rates without appropriate public input from the citizens of the City of Maumelle, and that,

therefore, an emergency is declared to exist and this Ordinance shall take effect and be in

full force and effect from and after its passage and approval.

PASSED TIC le-4

DAY OF IDC,,c_e_ntilei, 1991

EDDIE ENLO MAYOR

ATTEST:

4 , i . .. A• CITY

WISTEW

CITY CLEF:

B` ver y447241City Clerk BEY

AP ? VED .*, 0 FORM:

A04lb.

o s t urman, City Attorney

NSOR;

s,•:

h+Iattox . LaMManus Enloe Vechik Baldwin Cherry Kimbrough

Aye:trt-

No:

FILED

BE4ERLY MASTERS

CITY LE',.

14-200-101 LOCAL GOVERNMENT 10

C) Other assistance approved by the governing authority of amunicipal electric utility.3) If the governing authority of a municipal electric utility uses

surplus revenues to provide assistance to low-income customers of the

utility, the governing authority of a municipal electric utility shallestablish guidelines for the application of assistance, including withoutlimitation, qualifications for assistance and the manner in whichassistance is sought.

History. Acts 1967, No. 305, §§ 1, 2; Amendments. The 2007 amendment1979, No. 37, § 1; 1979, No. 519, § 1; in (b) inserted present ( 12) and redesig-A.S.A. 1947, §§ 19-3931, 19-3932; Acts hated former( 12) as present( 13); added1989, No. 108, § 1; 1993, No. 195, § 1; ( d); and made related changes.2007, No. 1609,§ 1.

CHAPTER 200

MUNICIPAL AUTHORITY OVER UTILITIES

SECTION. SECTION.

14-200-101. Jurisdiction over utilities— 14- 200-107. Election to authorize pur-Appeal. chase by municipality.

Effective Dates. Acts 2009, No. 1480, declared to exist and this act being imme-117: Apr. 10, 2009. Emergency clause diately necessary for the preservation of

provided: "It is found and determined by the public peace, health, and safety shallthe General Assembly of the State ofAr- become effective on: ( 1) The date of itskansas that this act makes various revi- approval by the Governor;( 2) If the bill issions to Arkansas election laws that are neither approved nor vetoed by the Gov-designed to improve the administration of ernor, the expiration of the period of timeelections and special elections and that during which the Governor may veto thethese revisions should be implemented as

bill; or ( 3) If the bill is vetoed by thesoon as possible so that the citizens of this

Governor and the veto is overridden, thestate may benefit from improved election

last house overrides the veto."date theprocedures. Therefore, an emergency is

14-200-101. Jurisdiction over utilities— Appeal.

a) As used in this section, "public utility" means any electric, gas,

sewer, or telephone company, and any company providing similarservices, except a company excluded from the definition of "publicutility" under § 23- 1- 101(9XB)(ii), a consolidated utility district under

14-217- 101 et seq., and a water or light commission under§ 14-201-

101 et seq.b)( 1) Acting by ordinance or resolution of its council, board of

directors, or commission, every city and town shall have jurisdiction to:A)(i) Except as provided in § 23-4-201, determine the terms and

conditions upon which the public utility may be permitted to occupy

11 MUNICIPAL AUTHORITY OVER UTILITIES 14-200-101

the streets, highways, or other public places within the municipality,including without limitation:

a)- The rates, quality, and character of each kind of product orservice to be furnished or rendered by a public utility; and

b) A reasonable franchise fee.ii) The ordinancece or resolution shall be deemed prima facie

reasonable.

iii) A franchise fee for a utility, including a telephone companyproviding services other than basic local exchange service, shall notexceed the higher of the amount in effect on January 1, 1997, or fourand one-quarter percent (4.25%), unless agreed to by the affectedutility or approved by the voters of the municipality;

B) Require a telephone company providing basic local exchangeservice to pay a reasonable franchise fee not to exceed the higher ofthe amount of the telephone company's franchise fee on January 1,1997, or a fee equal to four and one-quarter percent (4.25%) of the

revenues received by the telephone company from providing basiclocal exchange services, unless:

i) A higher rate or franchise fee is approved by the voters of themunicipality; or

ii) The telephone company agrees to pay a higher percentage onservices offered in addition to basic local exchange services;

C) Require of any public utility such additions and extensions toits physical plant within the municipality as shall be reasonable andnecessary in the interest of the public and to designate the locationand nature of all such additions and extensions, the time within

which they must be completed, and all conditions under which theymust be constructed; and

D) Provide a penalty for noncompliance with the provisions ofanyordinance or resolution adopted pursuant to the provisions of thischapter.

2) Nothing in this section shall limit the authority of the publicutility to collect from its customers residing in each municipality anamount that equals the franchise fee assessed by the municipality onthe public utility.

3) If franchise fees assessed for basic local exchange services arebased on revenues, the revenues shall consist of revenues from basiclocal service, excluding, among other things, extension, terminal equip-ment, toll, access, yellow pages, and other miscellaneous equipmentrevenues.

4)(A) No cause of action that challenges the right of a municipalityto assess a franchise fee against a public utility for permission tooccupy the streets, highways, or other public places within themunicipality shall result in the award of money damages.

B) However, consistent with the provisions ofArkansas Constitu-tion,Article 16, § 13, any cause of action for illegal exaction found tobe meritorious may result in the granting of injunctive relief.c)(1) Any publicutility affected by any such ordinance or resolution

or any other party authorized to complain to the Arkansas Public

14-200- 101 LOCAL GOVERNMENT 12

Service Commission under § 23-3-119 may appeal the action of thecouncil or commission by filing within twenty (20) days of receipt ofnotice ofthe ordinance or resolution by the utility's registered agent forservice of process of the final action a written complaint with the

commission setting out how the ordinance or resolution is unjust,unreasonable, or unlawful, whereupon the commission shall proceed

with an investigation, hearing, or determination of the matters com-plained of, with the same procedure that it would dispose of any othercomplaint made to it, and with like effect.

2) Such appeal shall not suspend the enforcement of any provisionsof the ordinance or resolution unless the commission, after a hearingand upon notice and for good cause shown, orders the suspensionconditioned upon the filing of a bond with the commission as providedfor in § 23-4-408.

3) Nothing in this section shall be construed to in any way limit orrestrict the jurisdiction or the powers of the commission as in othersections granted.

4) In the event the municipal boundaries of a city or town arealtered or amended by annexation or otherwise, the city or town shallnotify the utility's registered agent for service of process of the alter-ation or amendment, and the utility shall not be liable for anyadditional franchise fees for the right to furnish utility service or occupythe streets, highways, or public places in newly added or annexed areasunless the notice shall have been given.

d) In all matters ofwhich by this act the commission and cities andtowns are each given original jurisdiction, such jurisdiction shall be

concurrent. Cities and towns shall take no action with respect to anymatter under investigation by the commission until the matter hasfinally been disposed of by the commission. The commission shall takeno action with respect to any matter which is the subject of anordinance or resolution pending before the council or commission ofanycity or town until the matter has finally been disposed of.

e) Nothing in this act shall deprive or be construed as depriving anymunicipality of the benefits or rights accrued or accruing to it under anyfranchise or contract to which it may be a party, and neither thecommission nor any court exercising jurisdiction under this act shalldeprive the municipality of any such benefit or right.

f)(1) No city or town may impose additional franchise fees upon anyprovider of regulated broadband services under the Broadband OverPower Lines Enabling Act, § 23- 18-801 et seq.

2) A city or town may impose franchise fees upon any provider ofnonregulated broadband services under the Broadband Over PowerLines Enabling Act, § 23- 18-801 et seq., at the same rates that the cityor town charges other providers of broadband network services.

History. Acts 1935, No. 324, § 15; Sess.), No. 6,§§ 3, 6; 1994( 1st Ex. Sess.),Pope's Dig., § 2078; A.S.A. 1947, § 73- No. 7, §§ 3, 6; 1997, No. 182, § 1; 1999,

208; Acts 1993, No. 403,§ 7; 1994( 1st Ex. No. 576,§ 1; 2007, No. 477,§ 1; 2007, No.

13 MUNICIPAL BOARDS AND COMMISSIONS 14-200-107

739,§ 2; 2009, No. 163,§ 4. The 2009 amendment substituted

Amendments. The 2007 amendment " 4.25%" for " 41/4%" in ( bX1XAXiii) and

by No. 477 rewrote( a). bx1)(B).The 2007 amendment by No. 739 added

e).

14-200-107. Election to authorize purchase by municipality.

Any municipality may determine to acquire the property of a publicutility as authorized under the provisions of this act by the vote of themunicipal council or city commission, taken after a public hearing, ofwhich at least thirty( 30) days' notice has been given, and ratified andconfirmed by a majority of the electors voting thereon at any general orspecial municipal election held in accordance with § 7- 11- 201 et seq.

History. Acts 1935, No. 324, a 48; Amendments. The 2007 amendmentPope's Dig., § 2111; A.S.A. 1947, § 73- rewrote the section.

246; Acts 2005, No. 2145, § 49; 2007, No. The 2009 amendment substituted"§ 7-

1049,§ 70; 2009, No. 1480,§ 89. 11-201 et seq." for"§ 7-5-103(b)."

CHAPTER 201

MUNICIPAL BOARDS AND COMMISSIONS

1. Cates or THE FIRST Cease Grxm,+.ux.

SUBCHAPTER 1 — CITIES OF THE FIRST Cznss GENMALLY

SCION. SECTION.

14-201-105. Creation of commission — 14-201-109. Abolition of commission.Members.

Effective Dates. Acts 2009, No. 1480, declared to exist and this act being imme-117: Apr. 10, 2009. Emergency clause diately necessary for the preservation of

provided:" It is found and determined by the public peace, health, and safety shallthe General Assembly of the State ofAr- become effective on: ( 1) The date of itskansas that this act makes various revi- approval by the Governor,(2) If the bill islions to Arkansas election laws that are neither approved nor vetoed by the Gov-designed to improve the administration of ernor, the expiration of the period of timeelections and special elections and that

during which the Governor may veto thethese revisions should be implemented asbill; or ( 3) If the bill is vetoed by the

soon as passible so that the citizens of thisGovernor and the veto is overridden, the

state may benefit from improved electiondate the last house overrides the veto."

procedures. Therefore, an emergency is

Pagel of 2

Opinion No. 96- 001

March 11, 1996

The Honorable Cliff HoofmanState Senator

P.O. Box 1038

North Little Rock, Arkansas 72115

Dear Senator Hoofman:

You recently requested an opinion regarding a suburban improvement district in Maumelle.

Your request was based upon a fact situation involving the Maumelle Suburban Improvement DistrictNo. 500, which was organized pursuant to the provisions ofA.C.A. § 14-92-201 et seq. You indicatedthat when the District was formed in 1975, all of the area encompassed within its boundaries

constituted unincorporated portions of Pulaski County. Since that time, the City of Maumelle has beenincorporated, and its incorporated area now encompasses the District. The District provides water and

sewer services to the residents of the City ofMaumelle. The District recently announced an intentionto consider a rate increase for water and sewer service. In response to that announcement, the city' sboard of directors adopted Ordinance No. 271, which purports to exercise the authority granted tomunicipalities by A.C.A. § 14- 200- 101 to regulate utility rates.

It has come to our attention that the above-described fact situation is now the subject of formal

litigation. For that reason, I am unable to issue an opinion regarding the matter. It is a long-standingpolicy of this office not to issue legal opinions on matters that are pending before the courts fordetermination. Such matters are properly decided by the judiciary; commentary from any of the otherbranches of government would present a threat to the constitutional principle of separation of powers.

I must therefore decline to opine regarding the matter about which you inquired.

The foregoing letter, which I hereby approve, was prepared by Assistant Attorney General SuzanneAntley.

Sincerely,

WINSTON BRYANT

Attorney General

httpJ/ag.arkansas.gov/opinions/does/ 96- 001. html 5/ 13/ 2014

City of Maumelle, ArkansasPreliminary Sequence of Events

April 3, 2014

November Election

July 2014 August 2014 September 2014

S M T W T F S S M T W T F S S M T W T F S

1 2 3 4 5 1 2 1 2 3 4 5 6

6 7 8 9 10 11 12 3 4 5 6 7 8 9 7 8 9 10 11 12 13

13 14 15 16 17 18 19 10 11 12 13 14 15 16 14 15 16 17 18 19 20

20 21 22 23 24 25 26 17 18 19 20 21 22 23 21 22 23 24 25 26 27

27 28 29 30 31 24 25 26 27 28 29 30 28 29 30

31

October 2014 November 2014

S M T W T F S S M T W T F S

1 2 3 4 1

5 6 7 8 9 10 11 2 3 4 5 6 7 8

12 13 14 15 16 17 18 9 10 11 12 13 14 15

19 20 21 22 23 24 25 16 17 18 19 20 21 22

26 27 28 29 30 31 23 24 25 26 27 28 29

30

DATE DAY EVENT RESPONSIBILITY

July 1 Tue Election Ordinance draft circulated BC

July 25 Fri Comments due on Election Ordinance draft All Parties

August 1 Fri Final form of Election Ordinance to City I and BC

August 18 Mon Maumelle City Council adopts Election Ordinance All Parties

August 20 Wed File Election Ordinance with County Clerk, County Election I& BC

Commission and DF& A

August 22 Fri Publish Election Ordinance I& BC

Before Thu Absentee ballots on file with County Clerk I& BCSeptember 18

October 20 Mon Publish notice of election I& BC

November 4 Tue Election held I

November 14 Fri Publish proclamation of results I& BC

Key:

I: City of Maumelle, Arkansas as IssuerBC: Wright, Lindsey & Jennings LLP as Bond Counsel

UW: Stephens Inc. as Underwriter

M= MS ®

April 29, 2014

Honorable Mike Watson

City of Maumelle550 Edgewood Dr. Suite 590

Maumelle, AR 72113

I have some good news to pass long. This month the federal government passed a twelvemonth extension of the temporary Medicare rates. This makes these temporary rates effectiveuntil March 31, 2015. As you will recall last fall when we prepared our budget the temporaryrates were scheduled to end on 12/ 31/ 2013. I communicated with you in January that the fed-eral government extended the temporary rates by three months which was until March 31, 2014.

That revised amount was what your 2014 invoice(s) have been based on. Now the federal gov-

ernment has extended that rates for a full 12 months, and we are now able to adjust your full

year 2014 support requirement. Shown below is a history of your 2014 support requirementstarting with the original calculation (with no temporary rates), the revised calculation with thethree month extension, and the final calculation with the full year extension:

Original EMS Support Requirement— City of Maumelle 86,767.00

Reduction due to 3 month extension —Already reported to you 1, 389.00is

lVUUm_ 1i 19id+'' i #

tor

ll" a.,

u

Additional Reduction due to 12 month extension 5. 557.00

n 11

i

7 S? .ev n'..... ® . ..,#'' Ii Yi i lu' GIIItlRN 01

i'""1 :,,, ' F; a.," i! INWIII IMr,

a • !,;.

Without this latest extension your quarterly invoice was scheduled to be $ 21, 691. 75 but given

this good news your quarterly amount will now be $ 19, 839.42.

Please call if you have any questions about any of the calculations above.

Than

t

Jon M. Swanson

Executive Director

Metropolitan Emergency Medical Services( MEMS)P.O. Box 2452, Little Rock, AR 72203- 2452

Administrative Office( 501) 301- 1400/ Fax( 501) 301- 1485

CITY OF MAUMELLE

DEPARTMENT OF CODE ENFORCEMENT/ PERMITS

THREE YEAR SINGLE FAMILY PERMIT COMPARISONS

As of April 2014

2012 2013 2014

Permits Fees Permits Fees Permits Fees

January 7 $ 8,820.80 7 $ 8,982.40 0 0

February 6 $ 6,926.00$ 5 $ 7, 533.30 5 $ 8,284.40

March 6 7,025. 20 7 $ 10,944.80 2 $ 5, 109.60

April 8 10,560.80 12 $ 16,951.00 8 $ 7,423. 60

May 11 17,309.60 3 $ 5, 128.80

June 3 4,486.40 7 $ 8,096.80

July 3 3,894.00 5 $ 7,733.91

August 15 20,512.80 1 $ 1, 707.20

September 5 6,878.80 9 $ 12, 526.80

October 4 6,671. 60 8 $ 8, 138.80

November 5 8,601. 20 9 $ 11,932.00

December 3 2, 383. 20 3 $ 3,423.20

TOTALS 76 $ 104,850.60 76 $ 103,099.01 15 $ 20,817.60

CITY OF MAUMELLE

DEPARTMENT OF CODENFORCEMENT/ PERMITS

THREE YEAR DEPOSIT COMPARISONS

2012-2013-2014

As of April 2014

2012 2013 2014

JANUARY 17,321. 78 14,959.80 6,309.64

FEBRUARY 11,997.44 20,915. 33 11,821.91

MARCH 13, 035. 38 22,011. 35 11,342.92

APRIL 15, 003.52 23,477.02 6,872.69

MAY 21,537.56 12,753.50

JUNE 13, 223.00 16,712. 12

JULY 8, 194.98 16,760.66

AUGUST 13,073. 47 13,615. 55

SEPTEMBER 14,001.02 10,072.69

OCTOBER 10, 636.59 32,472.80

NOVEMBER 8,057.32 22, 292. 65

DECEMBER 19,884.37 7,416.75

TOTALS 165,966.43 213,460.22 36,347, 16

4000, 000lino

et OOOOOONoE. O a`..al O O O V^ O

001 r100 G 0O o00roWIRRItMH N

1

bly E7s1i

4 6o4r61

4 f?-1

6MR

V

z1 - Ioo000OvsoA000000el o04 oo; 01000kfl.0I y art •70\ 0000M0

kr) etrt0 ' I NON1.- 1 r- d r• r- 1 r1 r- 1 r-- 4 N

pp ER Va ER ER ER ER ER ER

CA0 0 0 0 0 0 0 00 0 0 0 0 0 0 0

W 0 0 0 0 0 0 0 0

OtfiV) rNNNMOO

a > was

E. ' Tr cu a a

W zC C a, ) I

Isy

E-'a R, E. W - Q u C 014 o

gESE

El W El • i M N r- 1 co 00 O C r-- I

UW WC7

o0

z

NANN N

l\

UUU4 c a a4 cocAUUU

M o ZO M M M co o, N z 1- 1 C 1

aaa aaaaaaa E zs it A ..0

C4

M C 4 s El 4 -0 y S C N0 0 0 a-. o o .,.. o N 00 s p S., 1-- 1

axxx • xx a ea = 40 a, a.) W C D C V1 00

E 1 4 C

sue. u

H r•

te- -1I - 1

r- 1 ,- 1 0 a 0 O +' 61 0W O ; " O p O 0 . 0 O

N N N0 0 0

71 N z U p " Q - C V p " Q =A •: r ? ' l•• Ufa a: U • a

BUILDING PERMITSMAUMELLE, ARKANSAS

April 2014

SINGLE FAMILY NEW CONSTRUCTION

Sq.Feet EstimatedDate Lot & Subdivision Address Builder/Owner Heated/Cooled Value

4/2/ 14 L1341 CCA21 113 Chambery Dr Jeff Fuller Homes 1711 200,0004/ 2/ 14 L1343 CCA21 117 Chambery Dr Jeff Fuller Homes 1576 189,9004/ 2/ 14 L1340 CCA21 111 Chambery Dr Jeff Fuller Homes 1576 189,9004/ 10/ 14B2L23 VNB 118 Nantucket Loop Graham Smith 1396 131, 0004/ 10/ 14B2L18 VNB 108 Nantucket Loop * Keathley Homes 1496 170,0004/ 10/ 14B2L19 VNB 110 Nantucket Loop * Keathley Homes 1496 170,0004/ 11/ 14B4L2R VNB 116 Melville Drive Graham Smith 1647 156,5254/24/ 14 L32 OSH 111 Navajo Trail Summerwood Inc 2674 330,000

NEW BUILDER

Contractor-Keathley HomesContact-Kevin KeathleyAddress- P.O. Box 241730 LR, AR 72223Phone-501- 944-5538

Contractor-Summerwood Inc.Contact Person-Ron HarrisAddress- 6309 Southland Drive NLR, AR 72118Phone: Office: 501- 758- 1212 Cell: 501- 258-2877

aW °o °oboo

E. op

0

o o°o

a

H o

A ~a4

WW r Za

s a., =

wz aA 4. O N

a

U7)

v z tei

oo

0

aag

xg

Aga,

awe

E": 1 t2: 1

O NAoo

Arbor Day Foundation'

April 09, 2014


550 Edgewood Drive

Maumelle, AR 72113

Dear Tree City USA Supporter,

On behalf of the Arbor Day Foundation, I write to congratulate Maumelle on earning recognition as a 2013Tree City USA. Residents of Maumelle ought to be proud to live in a community that makes the plantingand care of trees a priority.

Your community joins more than 3, 400 Tree City USAs, with a combined population of 140 million. TheTree City USA program is sponsored by the Arbor Day Foundation in partnership with the U.S. ForestService and the National Association of State Foresters.

As a result of your commitment to effective urban forest management, you already know that trees are vitalto the public infrastructure of cities and towns throughout the country, providing numerous environmental,social and economic benefits. In fact, trees are the one piece of community infrastructure that actuallyincreases in value over time.

We hope you are excited to share this accomplishment. Enclosed in this packet is a press release for yourconvenience as you prepare to contact local media and the public.

State foresters are responsible for the presentation of the Tree City USA flag and other materials. We willforward information about your awards to your state forester' s office to coordinate presentation. It would

be especially appropriate to make the Tree City USA award a part of your community' s Arbor Dayceremony.

Again, we celebrate your commitment to the people and trees of Maumelle and thank you for helping tocreate a healthier planet for all of us.

Best Regards,

John Rosenow

Chief Executive

cc: Kristina Kryzhanovsha

enclosure

For more information, contact:

Arbor DayFoundation:Anthony Marek, 402-473- 9563 0,[email protected] arborday.org

FOR IMMEDIATE RELEASE:

Arbor Day Foundation Names Maumelle Tree City USA

Maumelle, AR was named a 2013 Tree City USA by the Arbor Day Foundation in honor of itscommitment to effective urban forest management.

Maumelle achieved Tree City USA recognition by meeting the program' s four requirements: a treeboard or department, a tree- care ordinance, an annual community forestry budget of at least$ 2 percapita and an Arbor Day observance and proclamation.

The Tree City USA program is sponsored by the Arbor Day Foundation, in partnership with the U.S.Forest Service and the National Association of State Foresters.

Everyone benefits when elected officials, volunteers and committed citizens in communities likeMaumelle make smart investments in urban forests," said John Rosenow, founder and chief executive of

the Arbor Day Foundation. " Trees bring shade to our homes and beauty to our neighborhoods, alongwith numerous economic, social and environmental benefits."

Cleaner air, improved storm water management, energy savings and increased property values andcommercial activity are among the benefits enjoyed by Tree City USA communities.

More information on the program is available at arborday.org/TreeCityUSA.

About the Arbor Day Foundation: The Arbor Day Foundation is a million member nonprofitconservation and education organization with the mission to inspire people to plant, nurture, and

celebrate trees. More information is available at arborday.org.