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Michelle Horne

Michelle Horne

Wednesday, 11 July 2018 15:38

Resolution 2018-10

RESOLUTION NO. 2018-10

A RESOLUTION TO AUTHORIZE ACCEPTANCE OF BID

FOR SCULL CREEK TRAIL REPAIRS

 

WHEREAS, the damages and necessary repairs have been identified and assessed;

WHEREAS, there has been a study performed and specifications prepared for the necessary repairs;

WHEREAS, that an Invitation to Bid was published and instructions to bidders provided to interested firms;

WHEREAS, that two bids have been received and tabulated by Mr. James R. Geurtz of EDA for consideration by the Council;

WHEREAS, that the Council has considered the bid of Diamond C Construction in the amount of $52,086.20 (with math corrections) and the bid of Keith Austin Construction Co., LLC

in the amount of $62,584.56 (with math corrections); and,

WHEREAS, after receiving input from Mr. Guertz and the City administration on the issues, the Council desires to move ahead with the Scull Creek Trail Repairs project.

IT IS THEREFORE RESOLVED BY THE CITY COUNCIL OF JOHNSON, ARKANSAS, That:

Section 1: That considering all facts, information and the circumstances surrounding this Scull Creek Trail Repairs project (including both repairs to the bridge and the surrounding embankments) known to the council, the bid of Diamond C Construction in the amount of $52,086.20 should be and hereby is approved and accepted as same is attached hereto.

Section 2: That the Mayor and Recorder-Treasurer should be and hereby are authorized to notify Diamond C Construction that their bid has been accepted, to execute the Agreement Form (as previously made available to bidders) upon its preparation on behalf of the City and to cause the Notice to Proceed to be issued.

Section 3: In the event an unforeseen obstacle is encountered by Diamond C Construction in performing the project pursuant to the drawings and specifications, the Mayor (upon advice of Mr. James R. Guertz) is authorized to expend and additional $5208.62 to complete the Scull Creek Trail repairs project per the specifications.

Section 4: Payment by the Mayor and Recorder-Treasurer is authorized according to the terms of the Agreement Form.

ATTEST:

* Please see attachment  for complete document

Wednesday, 11 July 2018 15:37

Resolution 2018-09

RESOLUTION NO. 2018-09


A RESOLUTION TO AUTHORIZE ACCEPTANCE OF BID
FOR DEBRIS REMOVAL AT THREE SITES RELATED TO
SCULL CREEK

 

WHEREAS, rain events in 2017 caused debris to be deposited at the Ball Street creek crossing;
WHEREAS, those rain events also caused debris to be deposited in Tributary 4 to Clear Creek at Elmore Street and at Site 2, Trout Farm Tributary;
WHEREAS, left unattended that debris will, during subsequent rain events, cause additional buildup of debris, raise the likelihood of flooding and further damage or cause destruction to private and public property and infrastructure;
WHEREAS, the areas of highest concern have been identified and assessed;
WHEREAS, there has been a study performed and estimates prepared of the amount of debris to be removed;
WHEREAS, that an Invitation to Bid was published and instructions to bidders provided to interested firms;
WHEREAS, that two bids have been received and tabulated by Mr. James R. Geurtz of EDA for consideration by the Council;
WHEREAS, that the Council has considered the bid of Diamond C Construction in the amount of $ 110,788.90 (with math corrections) and the bid of Keith Austin Construction Co., LLC in the amount of $ 126,333 .54; and,
WHEREAS, after receiving input from Mr. Geurtz and the City administration on the issues, the Council desires to move ahead with the debris removal project.

IT IS THEREFORE RESOLVED BY THE CITY COUNCIL OF JOHNSON, ARKANSAS, That:

Section 1: That considering all facts, information, and the circumstances surrounding this project known to the council, the bid of Diamond C Construction in the amount of $110,788.90 should be and hereby is approved and accepted as same is attached hereto.
Section 2: That the Mayor and Recorder-Treasurer should be and hereby are authorized to notify Diamond C Construction that their bid has been accepted, to execute the Agreement Form (as previously made available to bidders) upon its preparation on behalf of the City and to cause the Notice to Proceed to be issued.
Section3: In the event an unforeseen obstacle is encountered by Diamond C Construction in performing the project pursuant to the drawings and specification, including the estimated quantities, the Mayor (upon advice of Mr. James R. Guertz) is authorized to expend an additional $11,078.89 to assure complete remediation of the debris problem in the specific areas identified.
Section 4: Payment by the Mayor and Recorder-Treasurer is authorized according to the terms of the Agreement Form.

PASSED AND APPROVED this 10th day of July, 2018

ATTEST:

* Please see attachment for complete document

Wednesday, 11 July 2018 15:31

Ordinance 2018-10

Wednesday, 11 July 2018 15:23

Ordinance 2018-09

 

 ORDINANCE NO. 2018-9

AN. ORDINANCE TO AMEND THE' ZONING DISTRICT
CLASSIFICATION AND BOUNDARIES REGARDING
PROPERTY IDENTIFIED IN REZONING PETITION 2017-
28 0F FADIL BAYYARI, TRUSTEE 0F THE FADIL
BAYYARI REVOCABLE LIVING TRUST, u./t/d JULY 31,
1997, APPROVED MARCH 1, 2018, BY JOHNSON
PLANNING COMMISSION.

WHEREAS, the Planning Commission on March 1, 2018, passed the Rezoning Petition of Fadil Bayyari, Trustee of the Fadil Bayyari Revocable Living Trust, u/t/d July 31,1997, and recommended to the City Council passage of an ordinance to rezone the described property from A-1 to C-2 and R-4;

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 0F JOHNSON,
ARKANSAS:

Section 1: That the zone classification of the parcel better described on Exhibit A
(attached), is hereby changed from A-1 to C-2.
Section 2: That the zone classification. of the parcel described on Exhibit B
(attached), is hereby changed from A-1 to R-4.
Section 3: That the official-Zoning District's map of the city of Johnson, Arkansas is hereby amended to reflect the zoning changes in Section 1 and Section 2 above.

PASSED AND APPROVED this 10th day of June,2018.

ATTEST:

* Please see attachment  for complete document

Tuesday, 05 June 2018 16:01

RESOLUTION 2018-08

RESOLUTION NO, 2018-08

A RESOLUTION TO AUTHORIZE REPAIR OF 1994 KME
75' FIRESTIX LADDER TRUCK BY JON.S MID AMERICA
FIRE APPARATUS AND A SUBCONTRACTED DIESEL SHOP

WHEREAS, the City acquired a 1994 KME 75' Firestix ladder truck in 2009 from Jon's Mid America Fire Apparatus {JMAFA};

WHEREAS, said ladder fire truck served the City and the Johnson Area Volunteer Fire Department {JAVFD) for several years;

WHEREAS, in 2016 it was determined that the ladder truck had one or more problems {leaks} that had to be repaired (or parts replaced) to continue and extend the life of its service to our citizens and the public;

WHEREAS, the City Council voted to have Arkansas Diesel and Equipment Repair {ADER} of Springdale either rebuild the engine in the ladder truck or replace that engine with a rebuilt engine al a maximum cost of $23,000.00;

WHEREAS, in early 2018 it was determined by the JAVFD and representatives of the City that ADER could not perform its agreement in regards to returning the ladder fire truck to operational service;

WHEREAS, ADER billed the City in excess of $38,000.00 for claimed work and parts for the ladder truck which the City has refused to pay until the apparatus was fully evaluated for operational purposes by a third party;

WHEREAS, ADER filed a lawsuit claiming a lien on the City's ladder fire truck and the City has posted a cash bond with the Court to obtain the return of the apparatus {minus parts that were removed by ADER};

WHEREAS, the City had the ladder fire truck towed to JMAFA in Springfield, MO, for an Operational evaluation on all aspects of the apparatus;

WHEREAS, JMAFA, has performed a limited evaluation of the I 994 KME 75' Firestix for operational readiness and performance and has given the City two alternatives for returning the apparatus to full operational service; and,

WHEREAS, it appears to the administration that repair of the ladder fire truck is a better use of public funds as opposed to replacing, the 1994 KME 75' Firestix with either a new or used ladder truck.

IT IS THEREFORE RESOLVED BY THE CITY COUNCIL OF JOHNSON, ARKANSAS, That:

Section 1: Since JMAFA is an authorized dealer of KME fire apparatus, will utilize a diesel shop in Springfield for certain aspects of the repair process, has previously worked on the City's ladder truck and is the nearest authorized KME facility, competitive bidding on repairing the City's ladder truck should be and hereby is waived.

Section 2: That the Mayor and Recorder-Treasurer should be and hereby are authorized to
approve or advise JMAFA to proceed with repairs of the 1994 KME 75' Firestix in accordance with the attached estimate utilizing a new/used motor for the estimated price of $ 67666.63

Section 3: In the event an unforeseen obstacle is encountered by JMAFA or the diesel shop in making repairs pursuant to the attached estimate, and in order to obtain the services of the ladder fire truck, to the City, its citizens and the JAVFD, without unnecessary delay, the Mayor (upon advice of the representatives of the JAVFD and Clay Wilson) is authorized to expend an additional $7500.00 to assure complete functional operation of the apparatus upon its return
to the City.

Section 4: That upon completion of the repairs to the ladder tire truck in accordance with the attached estimate and the operational functionality of the apparatus confirmed by representatives of the JAVFD and City, the Recorder-Treasurer is authorized to pay to JMAFA
the amount set forth above plus any contingency as provided here for.

PASSED AND APPROVED this 4th day of June, 2018

ATTEST:

* Please see attachment for complete document

Thursday, 17 May 2018 20:25

APRIL 10, 2018

JOHNSON CITY COUNCIL
MEETING MINUTES
CITY HALL
APRIL 10, 2018

Mayor Chris Keeney called the meeting to order at 6:00 pm.

Present were Council Members Katherine Hudson, Bill Burnett, John Wright, and Dan Cross. Also present were Recorder/Treasurer Jennifer Allen, City Attorney Danny Wright, Police Chief Vernon Sisemore, Fire Chief Matt Mills, and Building Official Clay Wilson. Council Members Richard McMullen and Bob Fant were absent.

Mayor Keeney asked for a motion to approve the minutes of the March 13, 2018 council meeting. John Wright made a motion to approve the minutes as written and was seconded by Katherine Hudson. All approved.

Department Head Reports:

Police Chief Vernon Sisemore stated that 38 new cases were opened and 33 were closed. Chief Sisemore stated there was no overtime used since the addition of the new officer. He said the department has seen a decrease in property crimes and crimes against persons since last year.

Fire Chief Matt Mills stated there were 36 calls for service. Chief Mills stated a trailer has been purchased for the rescue boat and that Roy Edwards is now the Fire Marshall.

Mayor Keeney stated Public Works Director Jerry Morrow is no longer with the City, but the guys have been busy with mowing and maintenance of right of ways, parks and City areas and the repair of the sidewalk on Carley.

Mayor Keeney has been continuing working through the process with FEMA; the City has been awarded two of the three FEMA projects: Award 1 $4,964.12 (75% of $6618.83); Award 2 $26,430.48 (75% of $35,240.65); the City has received notification of approval but has not received any money yet. Mayor Keeney said he has been told that the 3rd project has made it through the process but has not been formally awarded, approximately $99,000 (75% of $132,000) to clear debris from the creeks and tributaries.

Mayor Keeney said the water fountain at the park needs to be replaced as it is broken beyond repair. It has been fixed numerous times over the years, but now there are no replacement parts available and the structure is cracking. The replacement will also give us a chance to update the plumbing. Costs vary on a fountain from $2,400 to $5,000 and plumbing cost is determined by which fountain is purchased. Dan Cross made a motion to approve expenditure of up to $4,500 for a new ADA compliant fountain and was seconded by John Wright. All approved.

Mayor Keeney stated new street signs and posts for the area south of Main Drive have shipped and are expected to be delivered by the end of the week.

Building Official/Maintenance Specialist Clay Wilson stated there were 4 building permits and 11 inspections. Wilson stated he did MS4 inspections after the rain event and attended the TPR meeting along with numerous other meetings with the City Engineer.

Recorder/Treasurer Jennifer Allen stated State Turnback has been received; Property Taxes and Sales taxes have not. Allen stated she is looking forward to the large property tax bump to be received by the City in May.

City Attorney Danny Wright stated he has been working on the post office lease and the code enforcement policy and spent a lot of time on court related issues. He is still waiting to hear back from Jeff Watson regarding the fire department transfer.

Mayor Keeney amended the agenda to move Ordinance 2018-06 to the top in new business.

Mayor Keeney stated that at this time he did not see a need to replace the public works director, saying he felt the city would benefit more with a planner, or staff engineer. After discussion, Mayor Keeney said he would bring information back to the Council regarding pay for those positions in the area.

Mayor Keeney stated that currently all franchise fees collected by the City are at 2% with the exception of trash which is at 4%. The maximum for franchise fees set by the State is 4.25%. The City currently collects $122,000 annually from franchise fees. Mayor Keeney said he would like to work towards making the increase to 4% overall by the end of the year which would almost double this collection for next year.

Mayor Keeney said at the last council meeting he was asked to provide possible funding options other than a lease through a vendor for a new fire truck and presented the following options:
1) Traditional Act 978 loan through First Security @ 3.981% for 60 months on $1,000,000 is $18,434.61 per month ($221,215.32 annually) Total if not repaid early $1,106,076.51.
2) Revenue Bonds with pledged franchise fees:
25 years @ an average of $69,000.00/ year. Total if not repaid early $1,730,743.88.
15 years @ an average of $96,000/ year. Total if not repaid early $1,383,243.77
3) Traditional Bond at $.01 with current sales tax revenues; 25 years $7.8 to 8 million
With the last option, the City can look at increasing sales tax by $.01 expressly for the purpose of improving infrastructure. That process would require passing an ordinance stating the City’s intentions, and holding a special election on the initiative within 60 days. These are future options for the Council to consider.

Mayor Keeney stated the lawyers have filed a replevin action to get the fire truck back. Once we have the truck back, Conway can send someone to evaluate the status of the truck.

Mayor Keeney stated he has received a $50,000 preliminary estimated cost from the electrical engineer for running conduit, wire and pedestals to light the trail head; this amount includes electrical connections for the pedestrian crossing at Main and Joyce.

Mayor Keeney stated this week the committee is interviewing the Engineering Firms that made the short list (USI, McClelland and Hawkins-Weir). All firms on the short list have experience in design, project funding, regulatory assistance, surveying.

Unfinished Business: none

New Business:

Mayor Keeney presented ORDINANCE 2018-06: AN ORDINANCE AMENDING TITLE 6, ANIMALS AND FOWL, CHAPTER 6.02, ANIMAL CONTROL OFFICER AND GENERAL POLICIES, SECTION 6.02.02 OF THE JOHNSON MUNICIPAL CODE, DECLARING AN EMERGENCY TO EXIST AND FOR OTHER PURPOSES. Mayor Keeney asked for a motion to read Ordinance 2018-06 by title only, waiving the second and third readings. Motion was made by Dan Cross and seconded by John Wright. Roll call: Katherine Hudson, yes; Bill Burnett, yes; John Wright, yes; Dan Cross, yes. City Attorney Danny Wright read the ordinance by title only. Mayor Keeney asked for a motion to approve this reading of ORDINANCE 2018-06 by title only. Motion was made by John Wright and seconded by Dan Cross. Roll call: Katherine Hudson, yes; Bill Burnett, yes; John Wright, yes; Dan Cross, yes. Mayor Keeney asked for a motion to read the emergency clause. Motion was made by Dan Cross and seconded by John Wright. Roll call: Katherine Hudson, yes; Bill Burnett, yes; John Wright, yes; Dan Cross, yes. City Attorney Danny Wright read the emergency clause. Mayor Keeney asked for a motion to approve the emergency clause. Motion was made by Dan Cross and seconded by Katherine Hudson. Roll call: Katherine Hudson, yes; Bill Burnett, yes; John Wright, yes; Dan Cross, yes. City Attorney Danny Wright read the ORDINANCE 2018-06 was approved.

Mayor Keeney presented RESOLUTION 2018- 6: A RESOLUTION AUTHORIZING EXECUTION OF A LEASE EXTENSION OF CITY PROPERTY AND BUILDING AT THE SW CORNER OF WILKERSON AND MAIN DRIVE. Dan Cross made a motion to approve the resolution and was seconded by John Wright. All approved. RESOLUTION 2018-06 was approved.

Mayor Keeney presented RESOLUTION 2018- 7: A RESOLUTION AMENDING THE JOHNSON POLICE DEPARTMENT POLICY AND STANDARD OPERATING PROCEDURE MANUAL BY ADDING POLICY 19 ANIMAL CONTROL OPERATIONS TO CHAPTER 7. John Wright made a motion to approve the resolution and was seconded by Dan Cross. All approved. RESOLUTION 2018-07 was approved.

Mayor Keeney asked for a motion to pay the bills from the General Fund, Street Fund, Act 988 Fund and Court Automation Fund that the council had reviewed. Dan Cross made a motion to pay the bills and Katherine Hudson seconded. All approved.

Mayor Keeney asked for a motion to adjourn which was made by Bill Burnett and seconded by John Wright. All approved. The meeting was adjourned at 7:50 pm.

Respectfully Submitted,

 

Wednesday, 16 May 2018 15:24

Ordinance 2018-08

ORDINANCE NO. 2018-08

AN 0RDINANCE VACATING A UTILITY BASEMENT
LOCATED ACROSS LOTS 97 AND 98, CLEAR CREEK
SUBDIVISION, PHASE 3 AND FOR OTHER PURPOSES.

 

WHEREAS, there exists special circumstances relative to Lots 97 and 98, Clear Creek
Subdivision, Phase 3, regarding limitations as a result of an existing utility Casement.

WHEREAS, all utility providers operating in the area of Lots 97 and 98 have signed off
on an Easement Vacation Flat prepared by Bates and Associates, Inc. and said Plat was filed with the City and presented to the Planning Commission.

WHEREAS, EDA acting as Engineer for the City has approved the vacation of this utility
easement and is satisfied that no public services will be affected+.

WHEREAS, the Johnson Planning Commission approved vacation petition 20] 8-07 on
May 3, 2018 and recommends passage of this Ordinance to the Council,

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF JOHNSON, ARKANSAS, That:

Section 1: That the utility Casement located across parts of Lots 97 and 98, Clear creek
Subdivision, Phase 3, to the City of Johnson, AR as shown on Exhibit A hereto having not been utilized for a period in excess of five {5} years is not required for utility / corporation {City} purposes at this time or in the foreseeable future.

Section 2: That Bob Alsobrook is the Owner of said Lots 97 and 98 and said utility
easement as described and shown on Exhibit A is hereby vacated in favor of said owner, one-half
to each lot.

PASSED AND APPROVED this 8th day of May, 2018

ATTEST:

• PLEASE SEE ATTACHMENT FOR COMPLETE DOCUMENT

 

Wednesday, 16 May 2018 13:53

ORDINANCE 2018-07

ORDINANCE NO. 2018-07

AN ORDINANCE ACCEPTING A NEW ADDITION TO THE
CITY OF JOHNSON, ARKANSAS T0 BE KNOWN AS
JOHNSON SQUARE, PHASE IA AN ADDITION TO THE
CITY 0F JOHNSON

WHEREAS: there has been duly presented to the City Planning Commission of Johnson.
Arkansas a final plat of certain land in the City of Johnson, Washington County. Arkansas. being
more particularly described at Exhibit A, attached hereto.

WHEREAS: said Planning Commission has approved the final plat presented by Petitioner
with contingencies and since those contingencies are satisfied joins with the Petitioner in
petitioning the City Council to accept Johnson Square, Phase lA as an addition of the City of
Johnson, Arkansas:

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JOHNSON, ARKANSAS:

Section I: That Clay Wilson has advised the council that all conditions set out in the
May 3, 2018 letter of EDA concerning Johnson Square, Phase I A have been met and both he and EDA agree that the contingency placed on approval by the Planning Commission has been effectively removed.

Section 2: That Johnson Square, Phase lA. as shown on the final Flat conditionally approved by the City Planning Commission on May 3, 2018, a copy of which is attached to this Ordinance and made a part hereof as though set out herein word for word, be and the same is hereby accepted as an addition to the City of Johnson, Washington County, Arkansas.

PASSED AND APPROVED this 8th day of May, 2018

ATTEST:

• PLEASE SEE ATTACHMENT FOR COMPLETE DOCUMENT

Friday, 27 April 2018 20:59

RESOLUTION 2018-07

RESOLUTION NO. 2018-07
A RESOLUTION AMENDING THE JOHNSON POLICE DEPARTMENT POLICY & STANDARD OPERATING PROCEDURE MANUAL BY ADDING POLICY 19 ANIMAL CONTROL OPERATIONS TO CHAPTER 7


BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF JOHNSON, ARKANSAS:
Section 1: The Table of Contents of the Johnson Police Department Policy & Standard Operating Procedure Manual is hereby amended by adding the following:
"719 ANIMAL CONTROL OPERATIONS"
Section 2: That the ten (10) page document attached hereto which is identified as: Johnson Police Department 719 Animal Control Operations, should be and hereby is adopted as Policy 19 to Chapter 7 of the Johnson Police Department Policy and Standard Operating Procedure Manual.
Section 3: Chapter 7 is hereby amended by the addition of the attached as Policy 19 thereto.
Section 4: In all other respects, the Johnson Police Department Policy & Standard Operating Procedure Manual is not amended or modified and is hereby ratified and confirmed.


PASSED AND APPROVED this 10th day of April, 2018.

ATTEST:

 

Johnson Police Department

719

Animal Control Operations

This policy is for internal use only and does not enlarge an employee's- civil liability in any way. The policy should not be construed as creating a higher duty of care,. in an evidentiary sense, with respect to third party civil claims against employees; A violation of this policy, if proven, can only form the basis of a complaint by this department for non-judicial

administrative action In accordance with the laws governing employee discipline.

Applicable Arkansas Statutes:

CALEA Standard:

ALEAP Standard: 3.08

Date Implemented:

 

Authority

Date Revised:

 

Vernon Sisemore, Chief of Police

Date Reviewed:

 

 

 

I. Purpose: The purpose of this policy is to establish guidelines and procedures for responding to animal complaints, committing animals to be confined in the Animal Shelter and define responsibilities of Animal Control Personnel.

II. Policy: It is the policy of this department to ensure the humane and ethical treatment of animals as well as enforce laws and city ordinances related to animals within the City of Johnson. The handling of animal complaints is a function that all officers of the Johnson Police Department must perform from time to time. Normally, the Animal Control Officer will handle these matters during the hours they are on duty. State statutes and City Ordinance 2012-09 will provide legislation to address animal complaint issues,

Ill. Procedures:


A. Administration: The Chief of Police or his designee shall appoint personnel to the position of Animal Control Officer. All Animal Control Officers shall report directly to the Patrol Commander.. The Patrol Commander will ensure ACO's are provided with the necessary materials equipment and training as required for the performance of their duties.

B. Animal Control Officer Responsibilities.

  1. ACO's shall be responsible for responding to all animal complaints. They shall retain the authority and discretion to resolve animal complaints commensurate with City Ordinance, policy and best practices and procedures as provided by training.
  2. ACO's shall receive Level 1 and Level 2 training through the Arkansas State Animal Control Association in all currently recognized methods and practices in dealing with animal complaints, including, but not limited to, the capture, control, confinement and release of animals.  This training will be attended as soon as feasible subsequent to hire.
  3. ACO's shall complete a Daily Activity Log detailing the day's activities and vehicle usage. This will be done utilizing the Crimestar RMS Daily Activity Log module. The Daily Log shall be completed prior to the end of each shift.
  4. ACO's are responsible for requesting all needed supplies.
  5. ACO's will maintain their areas and vehicle in a heat, repaired and orderly fashion. This includes removal of feces and urine from kennels  on a daily basis.
  6. ACO's will ensure that all animals in custody of the City of Johnson, on a daily basis, are fed, appropriately sheltered, and medical needs are addressed if needed.
  7. ACO's will maintain a log of all traps set to capture animals to include: date of set up, location of set up, dates and times traps are checked, animals trapped, date the trap is removed, property owner and contact information if applicable,
  8. ACO's will issue violations and/or warnings for violations, of the Animal Control Ordinance in keeping with the city ordinance.
  9. ACO's will complete reports via the Crimestar RMS system for certain offenses as defined in this policy.

                                                                     

C. Animal Control Vehicle


i. The Johnson Police Department will retain vehicles for use by ACO's. Persons authorized to operate the animal control vehicle's will1 at all times, comply with the department's regulations for the operation of vehicles under routine conditions (these vehicles shall not be operated under emergency conditions). There are no special licenses or training requirements for the operation of an animal control vehicle. ACO's are
responsible for all maintenance and upkeep of the animal control vehicle
and all assigned equipment. Equipment typically stored in the animal control vehicles, may include, but is not limited to:
1. Animal Snares
2. Animal Traps
3. Carrying Cages (for small animals)
4. Leashes and Similar Materials
5. Dog Pole
6. Leather Gloves

D. Enforcement Options: ACO's have the authority and discretion to enforce the City Codes relating to animals or fowls by:
i. Attempts to resolve complaints through informal means
ii. Issuance of a letter of notification and request for compliance of a violation of the Animal Control Ordinance regulating animals or fowls. This notification letter may be delivered either by mail or in person by an officer.
iii. Issuance of a written violation to the owner in possession or control of the animal to appear in the Johnson Department of the Washington County District Court.
iv. lmpoundment of the animal at the animal shelter as proscribed by law.
v. ACO's DO NOT have the authority to physically arrest a person

E. Animal Control Call Priorities: An ACO may receive a variety of calls each day. Prioritizing calls must be accomplished according to the situations as they arise. Calls might range in their degree of seriousness and priorities, which could be ever changing. The community's health and safety is always the major determining factor. Receipt of accurate and thorough information from the complainant is mandatory if calls are to be properly prioritized in the order of
their importance.,Calls will be assigned priority 1 through 3 as described below:

i. Priority 1 Calls:
1. Animal Bites
2. Loose Vicious / Dangerously Behaving Animals
3. Sick / Injured Animals
4. Suspected Rabid Animals
5. Animal Cruelty Cases

ii. Priority 2 Calls:
1. Potentially Dangerous Situations (ie. stray in public area, park, etc.)

iii. Priority 3 Calls:.
1. Animal Running at Large which does not display an Imminent threat to the public; ·
2, Animal in Trap
3. Unsanitary Conditions
4. Wild Animals (based on animal activity at the time of complaint)
5. Nuisance Animals

F. Humane Care: The humane care and handling of all animals ls the foundation for the City of Johnson's Animal Control policy and procedures. It shall be the responsibility of ACO's to maintain the dignity of the animals during capture, transport and housing.
G. Catch Methods: All animals cannot be caught or apprehended in the same manner. Apprehension of dogs at large is one of the most difficult tasks for animal control personnel. Whatever method of capture Is used it shall .be the most humane method possible; consistent with the safety of the animal control personnel and other persons who may be present. ACO's should not use more force than required nor cause the animal any more pain or discomfort than .is necessary; Since most of the animals involved are dogs, ACO's should know as much as possible about the psychology and the reaction of dogs under certain situations. Carrying methods for dogs are as follows:

i. Small Dog: Place the right hand under the body of the animal, with the index finger passing between the front legs. The index finger should hold the chest. The dog should be lifted so that the body is resting on the right hip: and hold the dog steady by the right forearm. Place the left hand holding the dog's neck away from you, with a leash so that no bite may occur.
ii. Large Dog: Kneel down, pick up and hold the dog by cradling the chest
and rump in your arms. The hands press the dog's body to yours. If the dog shows, signs of biting, do not attempt to carry the animal.
iii.. Animal Control Officers Shall Not: 


1. Carry or drag, an animal by the skin, limbs, or leash unless necessary.
2. Lead the animal by improper leashing.
3. Place the animal in the animal control vehicle without assuring that the door to the cage is secured.

H. Procedures and Equipment for Apprehending Animals:

i. Calling and picking up with hands: ACO’s is may call some animals and simply pick up and place the animal in the, animal control vehicle. These animals shall be picked up and carried to the animal control vehicle, in the manner described above; or leashed and led to the animal control vehicle.
ii. Catch Pole: Some animals will become completely submissive when the catch pole loop is placed around their neck. These animals may be led to the animal control vehicle and loaded by supporting the hindquarters and holding their neck away. If the animals reacts to the catch pole more violently, then allow a few seconds for the animal to settle down or become calm, before moving and loading the animal in the animal control vehicle. ACO's shall, when possible, support he hindquarters of the animal when it Is picked up by the catch pole to be placed in the
animal control vehicle.

I. After Hours Call-Out: ACO's will be called out for priority 1 and 2 calls. ACO's will be assisted by police personnel. On duty officers will respond to priority 3 calls and leave any information for follow up for the ACO.

J. Animal Bite Complaints: Animal bites are defined as instances where the victim's skin has been broken or penetrated by the teeth of an animaI. Scratches caused by the claws or talons do not constitute an animal bite. Officers shall proceed as follows in the event of an animal bite:

 i. If the ACO is off-duty gather the following information:
1; Complainant's name, address and telephone number
2 Location of the animal and/or owner, if known
3. Description of the animal
4. Circumstances that led to the complaint
5. Determine whether an animal bite has in fact occurred. If so, notify
the ACO, and pass on all relevant information.


ii. ACO's will respond to animal bites as follows::
1. If the owner of the animal is known, verify animal's rabies vaccination record. The animal will be quarantined for a period of time as determine by city ordinance. At the discretion of the ACO, the quarantine may be at the owner's premises or at the animal shelter 

2. If the owner is unknown, capture and proceed with impoundment of the animal. If it is not possible to capture the animal, determine any area where the animal is frequently seen and continuously monitor the animal until capture can be made.

3. ACO's shall forward all information received concerning the vaccination history of the animal to the victim at the earliest opportunity. 

4. When the victim is also the owner of the animal, they shall be instructed to quarantine the animal as described in this section.

5. The victim shall be requested to seek medical treatment for the wound and to notify the ACO of the treatment received.

6. Wild animal bites will be reported to the Arkansas Department of Health.

K. Vicious Animals: Complaints of vicious animals, especially running at large, need immediate attention and should be dispatched immediately. When responding to a complaint of a vicious animal, the appropriate actions should be taken as soon as possible, to diminish the chance of injury to anyone. The following may be required:

1. Verify that the animal Is vicious
2. Identify who was attacked, where, when, and what injuries received. Advise the victim to seek medical treatment, if necessary.
3. ln the event a citizen or officer is in imminent danger of attack or an attack has already occurred, employees may use the force necessary (Including deadly force) to repel the attack.
4. The owner or custodian of the animal should be determined and instructed to restrain the animal. A written violation for Ordinance 2012-09 should be issued to the owner or custodian.

L. Suspected Rabid Animals: Complaints of suspected rabid animals should be given immediate attention and should be immediately dispatched. The owner or custodian should be identified, and the vaccination status determined. The owner or custodian must be able to display a vaccination certificate, or the animal will be handled as though it has not been vaccinated. In cases of suspected rabies where vaccination cannot be confirmed, (I.e. owner not sure or owner cannot be located), the animal shall be impounded and confined at the animal shelter. The cage and all associated paperwork will be marked in bold letters that read ''SUSPECTED RABIES". Before an animal suspected of having rabies is handled, animal control personnel shall take the appropriate steps to protect against a possible bite from the animal (i.e jacket, gloves, etc., will be worn). If destruction of such an animal is deemed necessary the ACO shall ensure that destruction is accomplished in the least public manner and as humanely as possible, ensuring that the head of the animal is not damaged and is preserved for analysis to confirm rabies. The ACO shall then forward the head of the animal to the Arkansas Department of Health for analysis.

M. Animals Running at Large: The City of Johnson addresses violations of animals running at large;

i. It is not a violation for cats and other natural wild animals to run at large. ACO’s will address, as city ordinance violations, dogs, running at large. ACO's will address other animals running at large If they are a danger or nuisance to the public Cats running at large will not be addressed, unless there is a clear issue of danger to the public. At large, is defined as any animal not under the control of the owner or a member, of the owner's immediate family by fencing, leash, cord, chain or other physical restraining device.
ii. Dogs running at large, may be Impounded and confined at the animal
shelter. Other animals running at large causing a public safety issue may
be temporarily held until an owner is located.

N. Sick or Injured Animals: When arriving, assessment should be made as to whether the animal is sick or injured. The owner or custodian should be notified. If notification cannot be made, the animal should be admitted to the animal shelter and continuous attempts made to identify the owner; If notification can be made, return the animal and advise them to seek appropriate medical treatment. If destruction is deemed necessary the animal shall be disposed of in the most humane manner possible.

O. Dead Animals: The Public Works department will be notified to pick up dead animals on public right of ways. Dead animals on private property shall be the responsibility of the property owner.

P. Animal Cruelty: Animal cruelty consists of many different forms. Animal control personnel will investigate all complaints of animal cruelty within the City of Johnson to determine the validity of the complaint and take appropriate action. All attempts should be made to work with the owner to the betterment of the animal's condition. The ACO may remove any animal kept or confined in other than a humane manner and may impound such animal. If requested, ACO's may assist Johnson Police Officers with respect to animal cruelty cases.

Q. Dogs Constituting a Nuisance: ACO's responding to complaints of nuisance dogs will determine if the complaint is justified and will identify the owner of the animal. The owner will then be given a warning, which orders the, owner to
abate the nuisance. If additional complaints are received on the same dog for the same nuisance, ACO's shall issue a citation pursuant to Ordinance 2012-09. Previous and/or current complainants shall be summoned as witnesses. If the owner cannot be identified and the dog can be captured, or If it Is an aggravated or repetitive case, AC0’ s may elect to impound the dog and confine it at the animal shelter.


R. Wild Animals: When answering a complaint of a wild animal in the City of Johnson and it is determined that the animal must be destroyed, both safety and humane interests must be of great concern. The Arkansas Game and Fish Commission will be notified and their direction of what to do with the animal will be followed.

S. Complaint Follow-Ups
I. Speak with the complainant and gather all pertinent information
concerning the call. · ·
Ii; Contact the complainant before leaving the area, as to the status of the complaint.
iii. If complainant is unavailable, patrol the area and make attempts to solve
the problem. Return to the complainant's address and again attempt to
make contact. If no contact is made with the complainant, gather all
information possible about the complainant from dispatch and contact the complainant at a later date.
T Escapes:

i. Make every possible attempt to recapture the animal.
ii. In the event that the animal cannot be recaptured, return to the complainant's residence and advise them of the status of the animal.

U. Traps: Live animal traps are frequently used to capture stray or unruly animals They are a humane way, to confine an animal until the animal can be brought to the shelter. In many instances the baited traps are the only way to catch a stray dog, cat or any other animal that is causing problems for the community.


i. Appropriate Usage: If the animal cannot be caught by hands or with the use of a rope, catch pole, etc. or the area is too open to allow for capture (i.e. fields, unfenced yards, etc.).
ii. Initial Contact: The owner of the property shall be notified when a trap is placed on their property. The property owner should understand that the trap is a live animal trap and must be monitored every six (6} to eight
(8) hours and every two (2) to three (3) hours during inclement weather. Citizens may be asked to assist ACO's with the monitoring of traps. Animal traps will be removed at the ACO's discretion.
iii. Animal Trapped: ACO1 s shall remove the trap and animal to the shelter or, in the event of a wild animal, another safe area, as soon as possible. In the event the trapped animal was not the target animal, ACO's should release the animal and reset the trap.
Iv. Follow-Up: ACO's will monitor all animal trap locations daily. In the event the ACO is not able to check traps daily, the ACO must ensure the trap is monitored, or close or remove the trap.
v. Setting Live Animal Traps:

1. Set the trap on the property of the person who has requested the live trap or removal of an animal.
2. Affix the trap so it may stay stationary,
3. Do .not affix the trap to anything that with damage the property of the owner.

vi. Animal Removal: If the animal trapped is the intended animal to be trapped, the animal shall be taken to the shelter for processing and handling. · ·

vii. Trap Removal: ACO's shall make arrangements with the owner of the property for a date and time that the trap will be removed from their property. ACtl"s shall clean the trap of all old food, cans1, leaves and/or trash. ACO's shall check the trap for any needed repair and document the removal of the trap on the trap log.

V. Animal Shelter: The: City of Johnson provides for temporary housing for animals. Per Ordinance 2012-09 animals not claimed by their owner within three (3) days, will be transferred to the Washington County Animal Shelter. Any animal not claimed within five. (5} days shall be forfeited to the county. While animals are in the custody of ACO’s,. they will be treated as humanely as possible. Kennel stalls will be cleaned daily, and all animals will be fed at least once daily. ·

W. Maintenance: ACO's will maintain all animal control equipment and kennels. Any supplies or equipment needed must be requested by the ACO.

X. Uniforms: ACO's will be issued uniform shirts and pants. The uniform must be worn while on duty. ACO's may wear the uniform or other appropriate dress when attending training, court or other public functions in their role as ACO.

Y. Incident Reports / Information: ACO's will complete incident reports via the Crimestar RMS system for all the following cases. In addition, investigative supplements will be completed via Crimestar for all follow-up investigations, medical reports, citations, etc. associated with the case file:

i. Animal Cruelty Cases
ii. Animal Bite Cases
iii. If the Incident occurs while ACO's are off-duty, the patrol officer on-duty will do the report and forward it to the ACO for further investigation. All
supplemental information, photographs, veterinarian's reports, Arkansas Department of Health reports and any bill associated with the case must be submitted to the case file.

Z. Daily Reports: ACO's, will do a daily activity report via the-daily activity module in Crimestar. 

AA. Issuing Citations and Citation Entry: ACO's will issue either a citation or a warning for all violations that ACO's address. Upon completion of the citation, ACO's will electronically enter the citation into Crimestar. All records and court copies of' citations will be turned In to supervisors at the end of each shift.

BB. Animal Adopt on: If a cat, dog or other animal is picked up within the city running at large and has no collar, tag, or PIT, and the cat, dog or other animal is impounded in the city for three (3) days, the: ACO may, upon application by a responsible adult with proper identification, allow such animal to be adopted by such adult with adequate assurance that the cat, dog , or other animal will be promptly taken to a licensed veterinarian for necessary shots and health check.

CC. Animal Surrender Policy The City of Johnson will not accept surrender of any animal from the owner of the: animal, Anyone, wishing to surrender an animal should be referred to the Washington County Animal Shelter.


DD. Authorization to Immediately Terminate Animals Deemed Dangerous to
the Public: It is the desire of the City of Johnson to capture dogs or other animals running at large, that affect the immediate public health and safety of residents. Cats running at large are not deemed a public health or safety issue unless the cat is believed to be rabid or the cat has attacked or is-attempting to attack a member of the public. Typical methods of capture include catch poles, traps, gloves, etc. Captured dogs or cats will be impounded. Other animals will be relocated, provided to Arkansas Game and Fish employees or addressed as appropriate in accordance with Arkansas law and or best management practices. As a practical matter, the City of Johnson recognizes that dogs and other animals may be an immediate threat to the public health and safety of the residents of this city. At times these animals are not able to be captured. Dogs running at large over an extended period of time, obviously abandoned, Iiving wild, and unable to be captured are declared to be a danger to the public health and safety of the residents of the City of Johnson. In such cases, ACO's may request approval of the Chief of Police or his designee to immediately terminate the animal in the field. If approval is granted for the immediate termination of an animal, ACO's will utilize the assistance of a Johnson Police Officer to carry out the termination. Officers will only terminate an animal when it is safe and reasonable to do so and will attempt to do so out of the view of the public. Officers will ensure that no damage to a person or property will occur when terminating an animal and will not attempt to terminate an animal if any chance of damage to a person or property (other than the intended animal) exists.

EE Wild Animals Inhabiting Residential or Commercial Property: Owners / Operators of residential or commercial properties are ultimately responsible for their own property. ACO's will assist owners / operators to the extent possible to capture wild animals inhabiting structures. Assistance is restricted to the use of Gloves, catch poles, traps, and other non-damaging capture devices. ACO's will not damage residential or commercial property In an effort to locate such animals. If ACO's are not able to assist the owner/operator in remedying the matter, the ownerIoperator should be instructed to consider other professional services.

 

 

Friday, 27 April 2018 18:36

RESOLUTION 2018-06

RESOLUTION 2018- 06

A RESOLUTION AUTHORIZING EXECUTION OF A LEASE EXTENSION OF CITY PROPERTY AND BUILDING AT THE SW CORNER OF WILKERSON AND MAIN DRIVE

 

 

WHEREAS, the tenants in the old Post Office have been faithful regarding care of and payments for 2805 Main Drive, Johnson, Arkansas;

WHEREAS, Michael Schreiber and Terri Bitting are desirous of renewing the lease of that property for a term and at a rate set forth in the attached Lease document.

BE IT RESOLVED BY THE CITY COUNCIL OF JOHNSON, ARKANSAS, that:

 

  1. The attached Lease of the property at 2805 Main Drive for a term of thirty-six (36) months, upon the terms and conditions set forth in said Lease beginning the 1st day of April, 2018 through the 31st day of March, 2021 is hereby approved and
  2. That Mayor and Recorder /Treasurer are authorized to take such steps as are necessary to execute the LEASE on behalf of the City obtaining for the citizens of Johnson the benefits and services described therein and to carry out the terms and conditions imposed upon the City as

Land lord/Lessor provided for therein.

PASSED AND APPROVED this 10th day of April, 2018.

ATTEST:

 

  

LEASE

 

THIS AGREEMENT made and entered into on 4/11/2018, between THE CITY OF JOHNSON, ARKANSAS, herein referred to as Lessor, and Michael Schreiber and Terri Bitting, herein referred to as Lessee, Lessor leases to Lessee the premises situated at 2805 Main Street, in the City of Johnson, County of Washington, State of Arkansas, more particularly described as follows: the commercial building having approximately 750 square feet (gross) and the surrounding parking lot and yard area bounded by Wilkerson Street, Main Street, the Green property and the City Park west of the parking lot, herein referred to as the demised premises, together with all appurtenances, for a term of thirty-six (36) months, to commence on·  April 1, 2018, and to end on March 31, 2021, at 2400 Hours.

  1. RENT Lessee agrees to pay, without demand, to Lessor as rent for the demised premises the sum of $700.00 per month, all rent payments shall be due in advance on or before the first day of each calendar month beginning April 1, 2018, at Johnson City Hall, Johnson, Arkansas, or at such other place as Lessor may designate. There shall be a late fee of $5.00 per day for each day, beyond the 5th of each month that the full rental is not paid. See Section 7 regarding prepayment and damage deposit. Subject to the provisions of Section 21 regarding special escape provisions, this Lease is for the entire term and the total due Lessor by Lessee over the term is $25,200.00.
  1. QUIET ENJOYMENT. Lessor covenants that upon Lessee paying the rent and performing the covenants herein contained, Lessee shall peacefully and quietly have, hold and enjoy the demised premises for the agreed term. Lessee acknowledges that the demised premises are situate next door to the City Park where persons congregate and participate in activities as well as being across the street from the Johnson Police Department and occasionally the emergency vehicles activate their lighting system or siren in carrying out duties of the police department. Due to the proximity to the City Park the parking spaces on the West side of the parking lot will be shared, on a first come-first served basis; other spaces may be identified as being for leasee's customers
  1. USE OF PREMISES The demised premises shall be used and occupied by Lessee exclusively as a commercial business and normal associated uses. Lessee shall comply with all the sanitary laws, ordinances, rules and orders of appropriate governmental authorities affecting the cleanliness, occupancy, and preservation of the demised premises, and the sidewalks connected thereto, during the term of the lease.
  1. CONDITION OF PREMISES. Lessee stipulates that Lessee has examined the demised premises, including the grounds and all buildings and improvements, and that they are, at the time of this lease, in good order, good repair, and in a safe, clean and tenantable condition. LESSEE accepts the premises as
  1. ASSIGNMENT AND Lessee shall not assign this lease, or sublet or grant any concession or license to use the premises or any part thereof. Any attempted assignment, subletting, concession or license, shall be void and shall, at Lessor's option, terminate this lease.
  1. ALTERATIONS AND IMPROVEMENTS. Lessee shall make no alterations to the demised premises or construct any building or make other improvements on the demised premises without prior written approval of Lessor'. All alterations, changes, and improvements built, constructed, or placed on the demised premises by Lessee, with the exception of fixtures removable without damage to the premises and movable personal property, shall, be the property of Lessor and remain on the demised premises at the expiration or sooner termination of this lease.
  1. DAMAGE TO PREMISES. If the demised premises, or any part thereof, shall be partially damaged by fire or other casualty not due to Lessee's negligence or willful act or that of his employee, family, agent, or visitor, the premises shall be promptly repaired by Lessor and there shall be an abatement of rent corresponding with the time during which, and the extent to which, the demised premises may have been untenantable; but, if the demised premises should be damaged to a significant extent, then the Lessor may decide not to rebuild or repair, and, in such event, the term of this lease shall end and the rent shall be prorated up to the time of the damage. Prior to any occupancy of the demised premises, Lessee shall pay in full the first months rental plus a damages deposit in the amount of N/A to cover (go towards) repair of any damages accruing to the demised premises caused or allowed by Lessee during the term of Lessee's occupancy save reasonable wear and tear

Lessor may expend said damage deposit or so much thereof as many may be necessary to cover cost of repairs occasioned by damages as aforesaid and Lessor may call upon Lessee to replenish said fund or so much thereof expended for said purposes and the failure of Lessee to replenish said funds shall constitute a breach under this Lease for which Lessor may as its option terminate the Lease. In the event of a breach by the Lessee of the covenants or conditions hereof, said sum may be retained by the Lessor and applied toward any amounts due Lessor hereunder. Said fund or the unused portion thereof shall be returned to the Lessee upon the expiration of the Lease and delivery of possession according to the terms hereof. This deposit is not to be applied by the Lessee to the last month's rent.

Within thirty (30) days after termination of tenancy by the Lessee, the security deposit shall be returned to Lessee, less any portion retained by Lessor for damages caused by the Lessee's noncompliance with this Lease. These items will be set out on a written notice delivered to the Lessee with the remainder of the deposit. Lessor shall be deemed to have complied with this section by mailing via first class mail the written notice and return of security deposit to the last known address of the Lessee. If the letter is mailed and the Lessor is unable to locate the Lessee after reasonable effort, then the security deposit shall become the property of the Lessor one hundred eighty (180) days from the date payment was mailed.

  1. DANGEROUS MATERIALS. Lessee shall not keep or have on the leased premises any article or thing of a dangerous, flammable, or explosive character that might unreasonably increase the danger of fire on the demised premises or that might be considered hazardous or extra hazardous by any responsible insurance
  1. UTILITIES Lessee shall be responsible for arranging for and paying for all utility deposits and services required on the premises, including but not limited to water, sewer, gas, electric, cable, telephone and any other desired by Lessee.
  1. MAINTENANCE AND REPAIR. Lessor will, at his sole expense, keep and maintain the structural/exterior portion of the demised premises and appurtenances in good and sanitary condition and repair during the term of this lease. Lessee shall at Lessee's expense keep the fixtures in the leased premises in good order and repair, keep the furnace air conditioning unit and all filters clean; keep the electric equipment in order; keep the walks free from dirt and debris; and, at Lessee's sole expense, shall make all required repairs to the plumbing, range,· heating units, air conditioning units and electric and gas fixtures whenever damage thereto shall have resulted from Lessee's misuse, waste, or neglect or that of his employee, family, agent or visitor. Maintenance and repair of the leased premises, due to Lessee's misuse, waste, or neglect or that of his employee, family, agent or visitor, shall be the responsibility of

Lessee, at Lessee's sole expense, shall maintain the yard area to consist of mowing grass, trimming plants, raking leaves and picking up fallen branches, snow removal from steps/walks, and parking lot and similar tasks appropriate to the season. If Lessee fails to properly maintain the yard/parking lot, Lessor shall have a written notice affixed to the front door of the demised premises. If the yard/parking lot maintenance is not performed within five (5) days following the posting of the notice, Lessor shall have the option of having the noticed yard/parking lot maintenance performed by Lessor's employees or others, and in any event, Lessor shall be paid for performing such yard work at the rate of $85.00 per occasion. If Lessee fails to pay that sum with ten (10) days of Lessor performing the work, then Lessor may deduct such sum from the damages deposit or may declare Lessee to be in breach of the terms of this lease and proceed in accordance with Section 16 hereof.

Lessee agrees that no signs shall be placed on or about the leased premises by Lessee or at Lessee's direction without a City of Johnson sign permit.

  1.  ANIMALS Lessee shall keep no domestic or other animals on or about the demised premises.
  1. RIGHT OF INSPECTION. Lessor and Lessor's agents shall have the right at all reasonable times during the term of this lease to enter the demised premises for the purpose of inspecting the premises and all building and improvements
  1. SUBORDINATION OF LEASE. This lease and Lessee's leasehold interest hereunder are and shall be subject, subordinate, and inferior to any liens or encumbrances now or hereafter placed on the demised premises by Lessor, all advances made under any such liens or encumbrances, the interest payable on any such liens or encumbrances, and any and all renewals or extensions of such liens or
  1. HOLDOVER BY LESSEE. Should Lessee remain in possession of the demised premises with the consent of Lessor after the natural expiration of this lease, a new month-to­ month tenancy shall be created between Lessor and Lessee which shall be subject to all the terms and conditions hereof but shall be terminated on thirty (30) days' written notice served by either Lessor or Lessee on the other
  1. SURRENDER OF PREMISES. At the expiration of the lease term, Lessee shall quit and surrender the premises hereby demised in as good state and condition as they were at the commencement of this lease, reasonable use and wear thereof and damages by the elements excepted.
  1. DEFAULT If any default is made in the payment of rent, or any part thereof, at the times hereinabove specified, or if any default is made in the performance of or compliance with any other term or condition hereof, this Lease, at the option of Lessor, shall terminate and be forfeited, and Lessor may re-enter the premises and remove all persons therefrom. Except with respect to non-payment of rent, Lessee shall be given written notice of any default or breach, and termination and forfeiture of the lease shall not result if, within five days of receipt of such notice, Lessee has corrected the default or breach or has taken action reasonably likely to effect such correction within a reasonable time.
  1. ABONDONMENT If at any time during the term of this lease Lessee abandons the demised premises or any part thereof, Lessor may, at his option, enter the demised premises by any means without being liable for any prosecution therefor, and without becoming liable to Lessee for damages or for any payment of any kind whatever, and may, at his discretion, as agent for Lessee, relet the demised premises, or any part thereof, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting, and, at Lessor's option, hold Lessee liable for any difference between the rent that would have been payable under this lease during the balance of the unexpired term, if this lease had continued in force, and the net rent for such period realized by Lessor by means of such reletting. If Lessor's right of re-entry is exercised following abandonment of the premises by Lessee, then Lessor may consider any personal property belonging to Lessee and left on the .premises to also have been abandoned, in which case Lessor may dispose of all such personal property in any manner Lessor shall deem proper and is hereby relieved of all liability for doing so.
  1. INSURANCE: Lessor's insurance covers only the structure and will not pay Lessee for any business disruption caused by damages to the structure. Lessee is strongly encouraged to insure Lessee's property and the property of others in/around the structure and to insure against disruption of Lessee's business. Lessee shall maintain a policy of general liability against all perils in an amount not less than $ 50,000.00 during the term of Lessee's occupancy of the demised premises and provide a copy of said policy to Lessor upon
  1. CREDIT WORTHINESS: Lessee understands that Lessee having a good credit rating is a condition to Lessor's willingness to enter into this Lease, Lessee has provided information necessary for Lessor to perform such credit check and hereby authorizes Lessor to do so and ratifies such action by
  1. BINDING EFFECT. The covenants and conditions herein contained shall apply to and bind the heirs, legal representatives, and assigns of the parties hereto, and all covenants are to be construed as conditions of this
  1. SPECIAL ESCAPE PROVISIONS. Regardless of Section 1 and other provisions hereof, to the contrary, the parties hereto have expressly agreed that upon the giving of three (3) full months written advance notice either party may terminate this lease agreement without penalty or forfeiture. Such written advance Notice shall be delivered only by certified mail, return receipt requested, addressee or addressee's agent only, with such delivery occurring prior to the first day of the first of the three months mentioned above.

IN WITNESS WHEREOF, the parties have executed this lease at Johnson, Arkansas, on the day and year above written.

ATTEST:

*Please see attachment for complete document

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