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Michelle Horne

Michelle Horne

Wednesday, 26 July 2017 15:32

JULY 6, 2017

AGENDA FOR:

JOHNSON PLANNING COMMISSION MEETING

July 6, 2017 – 6:00 PM

-------------------------------------------------------

PUBLIC HEARING AND

BOARD OF ADJUSTMENTS MEETING

July 6, 2017 - IMMEDIATELY FOLLOWING­­­­­

PLANNING COMMISSION MEETING IS CALLED TO ORDER:

*** Approval of June 1, 2017 Planning Commission Meeting minutes.

Old Business:

*** Discussion of the Future Land Use Map

**** Discussion of Sign Ordinance

**** Discussion of Wilkerson and Main Overlay District

**** Zoning Ordinance Funding Request for Consultants, and the subcommittee to follow through with that scope of work.

**** Update on Johnson Square

New Business:

*** Petition 2017-17: Request for a Lot Split for property not addressed but located on the west side of Wooded Hollow Estate (not in the City proper but in the planning are). Requested by James Layout Serices, LLC for Leonard Gabbard and Matt James, owners.

MOTION TO ADJOURN PLANNING COMMISSION MEETING

BOARD OF ADJUSTMENT PUBLIC HEARING IS CALLED TO ORDER

 Comment from the Public is requested regarding the following petition:

**** Petition 2017-18: Request for a Frontage Variance for property not addressed but located on the west side of Wooded Hollow Estate (not in the City proper but in the planning are). Requested by James Layout Serices, LLC for Leonard Gabbard and Matt James, owners.

BOARD OF ADJUSTMENT PUBLIC HEARING IS CLOSED

BOARD OF ADJUSTMENT MEETING IS CALLED TO ORDER

**** Petition 2017-18: Request for a Frontage Variance for property not addressed but located on the west side of Wooded Hollow Estate (not in the City proper but in the planning are). Requested by James Layout Serices, LLC for Leonard Gabbard and Matt James, owners.

MOTION TO ADJOURN BOARD OF ADJUSTMENT

Wednesday, 26 July 2017 15:12

JULY 6, 2017

Wednesday, 26 July 2017 15:04

JULY 6, 2017

Tuesday, 27 June 2017 15:58

JUNE 1, 2017

Friday, 16 June 2017 14:38

RESOLUTION 2017-08

RESOLUTION NO. 2017-08

 

A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF JOHNSON TO PARTICIPATE IN THE ANRC FLOODPLAIN MAPPING PROJECT

 WHEREAS, the City of Johnson participates in the National Flood Insurance Program and sees the need to have accurate Flood Insurance Rate Maps within its City limits, and

WHEREAS, FEMA has given priority to updating the Flood Insurance Studies and associated Rate Maps within Washington County, and

WHEREAS, the total project cost is $725,209 and FEMA has provided funding for studies and mapping services in the amount of $612,657, and

WHEREAS, the Arkansas Natural Resources Commission is requesting a local cost match from the City of Johnson in the amount of $6,250.00.

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

 

Section 1: The City of Johnson is committed to the Washington County, AR Flood Insurance Study Update and updating the Floodplain Map for Johnson.

  • Section 2:       The required matching funds are committed in an amount not to exceed $6,250.00.

PASSED AND APPROVED this 13th day of June, 2017.

 

 

Friday, 16 June 2017 14:38

RESOLUTION 2017-07

RESOLUTION NO. 2017-07

 

 

A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF JOHNSON TO APPLY FOR STBGP-A FUNDING FOR ACQUISITION OF RIGHT-OF-WAY AND RELOCATION OF FRANCHISE UTILITIES FOR 55rH STREET FROM DON TYSON PARKWAY TO JOHNSON MILL BOULEVARD

 

WHEREAS, the Cities of Springdale and Johnson have received STP-A funding for the design of 56th Street widening from Don Tyson Parkway to Johnson Mill Boulevard ,

WHEREAS, using the pmcurement procedures required by State Law, the Cities have retained Engineering Services, Inc. to perform the project design,

WHEREAS, project design is nearing completion and there is a need to purchase right-of -way and relocate utilities where necessary,

WHEREAS, the City of Springdale is responsible for 70% of the 20% local match and the City of Johnson is responsible for 30% of the 20% local match,

Funding Source

Percent Share

Cost Share

Federal Aid

80%

$ 4,320,000.00

City of Springdale

14%

$     864,000.00

City of Johnson

6%

$     216,000.00

Project Totals

100%

$  5,400,000.00

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

  • The City  of  Johnson  is  committed  to  the  56t h   Street  project  from  Don  Tyson Parkway to Johnson Mill Boulevard and recognizes its regional significance.
  • The  required   matching   funds  are  committed   in  an  amount   not  to exceed

$216,000.00. Project costs to be paid from General Fund.


PASSED AND APPROVED this B;f/fay of June, 2017.

ATTEST:

 

 

Friday, 16 June 2017 14:36

RESOLUTION 2017-06

RESOLUTION  NO. 2017-06

A RESOLUTION AUTHORIZING EXECUTION OF
BUSINESS ASSOCIATE AGREEMENT WITH BROWN AND  BROWN  OF ARKANSAS, INC.

 

WHEREAS, the City sponsors a Cafeteria Plan for medical expenses for the benefit and wellbeing of its employees and officials;

WHERE , administration of the Cafeteria Plan is through Brown & Brown of Arkansas, Inc. (hereinafter Brown);

WHEREAS , the U. S. Department of Health and Human Services (hereinafter the Department) in order to protect the privacy of participants in the Cafeteria Plan regarding protected health information, requires specific agreements which assign certain responsibilities to the entities handling such information;

WHEREAS, the Business Associate Agreement (hereinafter Agreement) attached hereto is in compliance with the federal regulations as expressed in HIPAA; and,

WHEREAS, the provisions of the Agreement, specifically Article 6, Section 6.7, requires the City to indemnify others and to be indemnified by others in the event of specified occurrences and indemnity provisions may affect the immunity usually afforded municipalities in Arkansas .

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

Section I:    That the attached Business Associate Agreement (Agreement) as it relates to obligations imposed upon the City by virtue of HIPAA regulations to safeguard protected health information which contains indemnification provisions is hereby approved.

 

 

 

Section i: That the Mayor and Recorder-Treasurer are hereby authorized and directed to

I

take such  necessary  steps  and  precautions  as  are  required  to comply  with the  Agreement and

I                             .                              .

specifically Artile 4 thereof.

 

Section 31     That the Recorder-Treasurer should be and hereby is authorized to execute   the Agreement on behalf of the City and transmit the two (2) signed originals to Brown and maintain the original  executed  by Brown upon its return.

PASSED AND APPROVED this 13 day of June, 2017.

 

ATTEST :

J

 

-       -

Business Associate Agreement

 

This Business Associate Agreement ("Agreement") is being entered into between Brown & Brown of Arkansas. Inc. - NW Arkansas ("Business Associate") and all of the Health Plans of Plan Sponsor City of Johnson Jennifer Allen ("Covered Entity") to facilitate compliance with the HIPAA Rules. In consideration for the compensation paid to Business Associate to provide services relating to and on behalf of Covered Entity, the parties agree to the terms set forth in this Agreement.

Article 1 Definitions

 

The following terms have the meanings described in this Article for purposes of the Agreement unless the context clearly indicates another meaning. Terms used, but not otherwise defined; in this Agreement have the same meaning as those terms in the Privacy Rule.

  • 1 Business Associate

"Business Associate" means the entity described in the first paragraph of this Agreement.

  • 2 CFR

"CFR means the Code of Federal Regulations.

  • 3 Covered Entity

"Covered Entity" means all of the Health Plans maintained by Plan Sponsor.

  • 4 Designated  Record Set

"Designated Record Set" has the same meaning as the term "Designated Record Set" in 45. CPR 164.501.

  • 5 Electronic Health Record

"Electronic Health Record" means an electronic record of health-related information on an individual that is created, gathered, managed, and consulted by authorized health care- clinicians and staff.

  • 6 HIPAA

"HIPAA" means the Health Insurance Portability and Accountability Act of 1996.

  • 7 HIPAA Rules

"HIPAA Rules" means the privacy, security, breach notification and enforcement rules of 45 CFR Parts 160 and 164.

  • 8 HITECH Amendment

"HITECH Amendment" means the changes to HIPAA made by the Health Information Technology for Economic and Clinical Health Act.

1.9        Individual

"Individual" has the same meaning as the term "individual" in 45 CFR 160.103 and includes a person  who qualifies as a personal  representative in accordance with 45 CFR 164.502(g).

1.10     Plan Sponsor

"Plan Sponsor" means City of Johnson

1.11     Protected Health Information

"Protected Health Information" has the same meaning as  the  term  "Protected  Health Information" in 45 CFR 160.103, limited to the information created or received by Business Associate from or on behalf of Covered Entity.

1.12     Required By Law

"Required By Law" has the same meaning as the term "required by law" in 45 CFR 164.103.

1.13     Secretary

"Secretary" means the Secretary of the Department of Health and Human Services or his designee.

1.14     Security Incident

"Security Incident" has the same meaning as the term "Security Incident" in 45 CFR 164.304.

Article 2

Obligations and Activities of Business Associate

 

Business Associate agrees to perform the obligations and activities described in this Article.

  • 1 Business Associate understands that it is subject to the HIPAA Rules in a similar manner as the rules apply to Covered Entity. As a result, Business Associate agrees to take all actions

necessary to comply with the HIPAA Rules for business associates, including, but not limited to,

the following:  Business  Associate shall establish  policies  and procedures  to ensure compliance                                                                                                                                                       Nm}

with the HIPAA Rules, Business Associate shall train its workforce regarding the HIPAA Rules, Business Associate shall enter into a privacy/security agreement with Covered Entity, Business Associate shall enter into privacy/security agreements with its subcontractors that perform functions relating to Covered Entity involving Protected Health Information, and Business Associate shall conduct a security risk analysis.

  • 2 Business Associate agrees to not use or disclose Protected Health Information other than as V

permitted or required by the Agreement or as Required By Law.

  • 3 Business Associate agrees to use appropriate safeguards, and comply with Subpart C of 45 CFR Part 164 with respect to electronic Protected Health Information, to prevent use or disclosure of i/"

the Protected Health Information other than as provided for by this Agreement.

  • 4 Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known

to Business  Associate of a use or disclosure  of Protected  Health  Information by Business                                                                                                                                                       Neu}

Associate in violation of the requirements of this Agreement.

 

 

2.5        Business Associate agrees to report to Covered Entity any use or disclosure of the Protected Health Information not provided for by this Agreement of which it becomes aware and/or any Security Incident of which it becomes aware.

  • 6 Business Associate agrees to the following in connection with the breach notification requirements of the HIPAA Rules:
    1. a) If Business Associate discovers a breach of unsecured Protected Health Information, as those terms are defined by 45 CFR 164.402, Business Associate shall notify Covered Entity without unreasonable delay and within 10 calendar days after discovery. For this purpose, discovery means the first day on which the breach is known to Business Associate or by exercising reasonable diligence would have been known to Business Associate. Business Associate shall be deemed to have knowledge of a breach if the breach is known or by ex,ercising reasonable diligence would have been known to any person, other than the person committing the breach, who is an employee, officer, subcontractor or other agent of Business Associate. The notification must include identification of each individual whose unsecured Protected Health  Information  has been or it has reasonably believed to have been breached and any other available information in Business Associate's possession  which the Plan is required  to include in
  • the individual notice contemplated by 45 CFR 164.404.
    1. b) Not withstanding the immediately preceding paragraph, Business  Associate  shall assume the individual notice obligation specified in 45 CFR 164.404 on behalf of Covered Entity where a breach of unsecured Protected Health Information was committed by Business Associate or its mnployee, officer, subcontractor or other agent of Business Associate or is within the unique knowledge of Business Associate as opposed to Covered Entity. In such case, Business  Associate  will  prepare the notice and shall provide it to Covered Entity for review and approval at least  five  calendar days before it is required to be sent to the affected individual(s). Covered Entity shall promptly review the notice and shall not unreasonably withhold its
    2. c) Further, where a breach involves more than 500 individuals and was committed by the Business Associate or its employee, officer, subcontractor or other agent  or is  within the unique knowledge of Business Associate as opposed to Covered Entity. Business Associate shall provide notice to the media pursuant to 45 CFR 164.406. Again, Business Associate will prepare the notice and shall provide it to Covered Entity for review and approval at least five calendar days before it is required to be sent to the media. Covered Entity shall promptly review the notice and shall not unreasonably withhold its
    3. d) Business Associate shall either report breaches of unsecured Protected Health Information  with respect to Covered Entity to the Secretary in accordance with 45 CFR

164.408 or alternatively, shall maintain a log of breaches of unsecured  Protected  Health. Information with respect to Covered Entity and shall submit the log to Covered Entity within 30 calendar days following the end of each calendar year so that Covered Entity may report the breaches to the Secretary in accordance  with 45 CFR 164.408(c).

 

 

2.7         Business Associate agrees to ensure that any agent, including a subcontractor, that creates, receives, maintains or transmits Protected Health Information on behalf of Business Associate regarding Covered Entity, agrees in writing to the same restrictions, conditions and requirements that apply through this Agreement and the HIPAA Rules to Business Associate with respect to such information. Moreover, Business Associate shall ensure that any such  agent  or subcontractor agrees to implement reasonable and appropriate safeguards to protect Covered Entity's electronic Protected Health Information.

  • 8 Business Associate agrees to provide reasonable access, at the written request of Covered Entity, to Protected Health Information in a Designated. Record Set, to Covered Entity or, as directed in writing by Covered Entity, to an Individual or the Individual's designee in order to meet the requirements under 45 CFR 164.524. If Business Associate receives a request directly from an Individual or the Individual's designee,  Business  Associate shall notify Covered  Entity as soon as administratively feasible in order for the parties to coordinate a response.
  • 9 Business Associate agrees to make any amendment(s) to Protected Health Information in a Designated Record Set that the Covered Entity directs in writing or agrees to pursuant to 45 CFR 164.526, or take any other measures as necessary  to satisfy Covered  Entity's obligations  under 45 CFR 164.526. If Business Associate receives a request directly from an Individual or the Individual's designee, Business Associate shall notify Covered Entity as soon as administratively feasible in order for the parties to coordinate a response.
  • 10 Following receipt of a written request by Covered Entity, Business Associate agrees to make its internal practices, books, and records including policies and procedures and Protected Health Information relating to the use and disclosure of Protected Health Information received from, or created or received by Business Associate on behalf of, Covered Entity reasonably  available to the Secretary for purposes of the Secretary determining Covered Entity's compliance with the HIPAA Rules.
  • 11 Business Associate agrees to document such disclosures of Protected Health Information and information related to such disclosures as would be required for Covered Entity to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528, effective as of such effective date prescribed by regulations issued by the U.S. Department of Health and Human Services, an accounting of disclosures of Protected Health Information from an Electronic Health Record in accordance with the HITECH Amendment.
  • 12 clip_image019.gifFollowing receipt of a written request by Covered  Entity,  Business  Associate agrees to provide to Covered Entity or an Individual or the Individual's designee, information collected in accordance with Section 2.10 of this Agreement, to permit Covered Entity  to  respond  to a request by an Individual or the Individual's designee, for an accounting of disclosures  of Protected Health Information in accordance with 45 CFR 164.528, effective as of such effective date prescribed by regulations issued by the U.S. Department of Health and Human Services, an accounting of disclosures of Protected Health Information from an Electronic Health Record in accordance  with  the HITECH  Amendment. If  Business  Associate  receives  a request directly

 

 

from an Individual or the Individual's designee, Business Associate shall notify Covered Entity as soon as administratively feasible in order for the parties to coordinate a response.

  • 13 To the extent Business Associate is to carry out one or more of Covered Entity's  obligations under Subpart E of 45 CFR Part 164, Business Associate shall comply with the requirements of Subpart E that apply to Covered Entity in the performance of such obligations.

Article 3

Permitted Uses and Disclosures by Business Associate

 

  • 1 Business Associate may use or disclose Protected Health Information to perform functions, activities or services for, or on behalf of, Covered Entity as specified in the underlying service agreement between Plan Sponsor and Business Associate with respect to the Health Plan(s), provided that such use or disclosure would not violate the HIPAA Rules if done by Covered Entity. If there is no underlying service agreement between Plan Sponsor and Business Associate with respect to the Health Plan(s), Business Associate may use or disclose Protected Health Information to perform functions, activities or services for, or on behalf of, Covered Entity for the purposes of payment, treatment or health care operations as those terms are defined in the HIPAA Rules, provided that such use or disclosure would not violate the HIPAA Rules if done by Covered Entity.

Business Associate is authorized to use Protected Health Information to de- identify the information in accordance with 45 CFR 164.514(a)-(c). Before proceeding with any such de­ identification, Business Associate shall inform Covered Entity in writing of the manner in which it will de-identify the Protected Health Information and the proposed use and disclosure by the Business Associate of the de-identified information.

  • 2 Business Associate may use or disclose Protected Health Information as Required by Law.
  • 3 Business Associate agrees to make uses and disclosures and requests for Protected Health Information consistent with Covered Entity's minimum necessary policies and procedures.
  • 4 Business Associate may not use or disclose Protected Health Information in a manner that would violate Subpart E of 45 CFR Part 164 if done by Covered Entity, except for the specific uses and disclosures set forth in this Article.
  • 5 Business Associate may use Protected Health Information for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate.
  • 6 Business Associate may disclose Protected Health Information for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate, provided that disclosures are Required by Law, or Business Associate obtains reasonable assurances in writing from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as Required by Law or for the purpose for which it was disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached.

 

-

  • 7 Business Associate may use Protected Health Information to provide data aggregation services relating to the health care operations of the Covered Entity.

Article 4 Obligations of Covered Entity

 

  • 1 Covered Entity shall notify Business Associate of any limitation(s) in its notice of privacy practices of Covered Entity under 45 CFR 164.520, to the extent that such limitation may affect Business Associate's use or disclosure of Protected Health Information.
  • 2 Covered Entity shall notify Business Associate of any changes in, or revocation of, permission by an. Individual to use or disclose Protected Health Information, to the extent that such changes may affect Business Associate's use or disclosure of Protected Health Information.
  • 3 Covered Entity shall notify Business Associate of any restriction to the use or disclosure of Protected Health Information that Covered Entity has agreed to or is required to abide by under 45 CFR 164.522, to the extent that such restriction may affect Business Associate's use or disclosure of Protected Health Information.
  • 4 Covered Entity shall not request Business Associate to use or djsclose.Protected Health Information in any manner that would not be permissible under Subpart E of 45 CFR Part 164 if done by Covered Entity. However, there is an exception to this restriction if, pursuant to this Agreement, Business Associate uses or discloses Protected Health Information for data aggregation or management and administration and legal responsibilities of the Business Associate.

 

5.1         Term

 

Article 5

Term and Termination

 

This Agreement shall replace and take precedence over any prior business associate agreement entered into between the parties. It shall take effect on 11/01/16 and shall terminate on the date the Agreement is terminated for cause pursuant to Section 5.2 or such other date as agreed to by the parties in writing.

5.2         Termination for Cause

Business Associate authorizes termination of this Agreement by Covered Entity, if. Covered Entity determines that Business Associate has violated a material term of the Agreement. In this situation, Covered Entity shall either:

  1. a) Provide an opportunity for Business Associate to cure the breach or end the violation, and terminate this Agreement if Business Associate does not cure the breach or end the violation within a reasonable time, as specified by Covered Entity; or
  2. b) Immediately terminate this Agreement if Business Associate has breached a material term of this Agreement and Covered Entity determines that cure is not

 

5.3         Effect of Termination

  1. a) Except as provided in subparagraph (b) upon termination of this Agreement, for any reason, Business Associate shall return or if agreed to by Covered Entity, destroy all Protected Health Information received from Covered Entity, or created, maintained or received by Business Associate on behalf of Covered Entity that Business Associate still maintains in any form. Business Associate shall retain no copies of the Protected Health .
  2. b) In the event that Business Associate determines that returning or destroying the Protected Health Information is necessary for its own management and administration or to carry out its legal responsibilities and Business Associate determines that it needs to retain the Protected Health Information for such purposes after termination of the Agreement, Business Associate agrees to the following restrictions set forth in this subsection. Specifically, upon termination of this Agreement, for any reason, Business Associate, with respect to Protected Health Information received from Covered Entity, or created, maintained or received by Business Associate on behalf of Covered Entity, shall:
    1. Retain only the Protected Health Information which is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities;
    2. Return to Covered Entity or if agreed to by Covered Entity, destroy the remaining Protected Health Information that Business Associate still maintains in any form;
  • Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to electronic Protected Health Information to prevent use or disclosure of the Protected Health Information, other than as provided for in this Section, for as long as Business Associate retains the Protected Health Information;
  1. Not use or disclose the Protected. Health Information retained by Business Associate other than for the purposes for which the Protected Health Information was retained and subject to the same conditions set out in Sections 3.5 and 3.6 which apply prior to termination; and
  2. Return to Covered Entity or, if agreed to by Covered. Entity in writing, destroy the Protected Health Information retained by Business Associate when it is no longer needed by Business Associate for its proper management and administration or to carry out its legal responsibilities.
  1. c) Not withstanding any other provision of this Section, Covered Entity may authorize Business Associate to transmit Protected Health Information to another Business Associate of the Covered Entity at termination pursuant to Covered Entity's written instructions.
  2. d) This Section shall apply to Protected Health Information that is in the possession of subcontractors of Business Associate and Business Associate shall be obligated to ensure the return or destruction (if agreed to by Covered Entity) of such Protected Health-Information.

 

6.1        Notice

 

Article 6 Miscellaneous

 

Any notice or other written communication required or permitted to be given to the other party under this Agreement must be addressed to the attention of the other party in care of the contact person identified below. Written notice may be delivered by certified mail or overnight mail.

Business Associate:

Brown & Brown of Arkansas, Inc. - NW Arkansas Contact Person:  J. Todd Setser

1479 Executive Pl, Ste A Springdale, AR 72762-4324

 

Covered Entity:

Health Plans of: City of Johnson Contact Person: Jennifer Allen PO Box 563

Johnson,AR 72741

 

  • 2 Regulatory References

A reference in this Agreement to a section in the HIPAA Rules means the section as in effect or as amended.

6.3         Amendment

This Agreement may only be amended in a written document signed by an authorized representative of each party. The parties agree to take such action as is necessary to amend this Agreement from time to time as is necessary for compliance with the HIPAA Rules and any other applicable law. If the Business Associate refuses to sign such an amendment, this Agreement shall automatically terminate.

6.4        Survival

The rights and obligations of Business Associate under Section 5.3 of this Agreement shall survive the termination of this Agreement.

6.5        Interpretation

Any ambiguity in this Agreement shall be interpreted to permit compliance with the HIPAA Rules.

6.6         Successors

This Agreement is binding on each party's legal successors.

6.7         Indemnification

clip_image033.gifRegardless of whether Business Associate is Covered Entity's agent, Business Associate agrees to indemnify and hold harmless Covered Entity, Plan Sponsor and its directors, officers and employees against any and all claims, lawsuits, settlements, judgments, costs, penalties and expenses including attorneys fees resulting from or arising out of or in connection with a use or

 

 

disclosure of Protected. Health Information by Business Associate or its subcontractors or agents in violation of this Agreement.

Covered Entity and Plan Sponsor agree to indemnify and hold harmless Business Associate and its directors, officers and employees against any and all claims, lawsuits, settlements, judgments, costs, penalties and expenses including attorneys fees resulting from or arising out of or in connection with a use or disclosure of Protected Health Information by Covered Entity or Plan Sponsor, or agents of Covered Entity or Plan Sponsor, in violation of this Agreement.

6.8        No Beneficiaries

Nothing expressed or implied in this Agreement is intended to confer, nor shall anything confer, upon any person other than the Covered Entity, Plan Sponsor and Business Associate, and their respective successors or assigns, any rights, remedies, obligations or liabilities.

 

Dated:                                             

 

Dated:------------

 

Brown & Brown of Arkansas, Inc - NW Arkansas

  1. Todd Setser

Executive Vice President

 

Health Plans of:

City of Johnson

 

Friday, 16 June 2017 14:31

ORDINANCE 2017-11

ORDINANCE NO. 2017-11

 AN ORDINANCE VACATING A DEDICATED RIGHT OF WAY AS DEPICTED ON LOT SPLIT SURVEY

RECORDED AT BOOK 2005 AT PAGE 00054229 OF THE WASHING TON COUNTY  REAL  ESTATE RECORDS

 WHEREAS, the owners of a tract of land, who in 2005 were developing a portion of their land that fronted on Main Drive, dedicated a Right of Way easement to the City of Johnson.

 WHEREAS , such right of way has not been used or improved since its creation and is not needed  for municipal  purposes  now or in the foreseeable  future.

 WHEREAS , vacating the previously dedicated right of way will facilitate a higher  and better  use of the property  of which  the right of way  is a part.

 WHEREAS , the Planning Commission has reviewed the Petition of the owner /developer and recommends to the City Council vacation of this right of way pursuant to ACA § 14-54-105.

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

 Section 1: That  the right of way described  on Exhibit  A hereto, having  not  been  used or improved for public convenience since its creation is hereby determined to not be required  for  City  purposes  at this time or  in  the foreseeable future.

 Section 2: That Sherri Lynn McAdow is the record title owner of the real property (Parcel #785-18142-000) on which the right of way described on Exhibit A lies , which is no longer needed for City purposes. Such property is hereby vacated in favor of Sherri Lynn McAdow , and the Mayor and Recorder-Treasurer are authorized to execute and deliver a Quitclaim Deed transferring all interest of the City in the right of way described on Exhibit A hereto Sherri Lynn McAdow.

PASSED AND APPROVED this 14th day of June, 2017. 

* Please see attachment for complete document

 

Friday, 16 June 2017 14:20

ORDINANCE 2017-10

 

ORDINANCE NO. 2017-10

AN ORDINANCE ADOPTING A NEW MASTER STREET PLAN AND MASTER STREET PLAN MAP

FOR THE CITY OF JOHNSON, ARKANSAS,  AND OTHER  MATTERS  RELATED THERETO.

 

WHEREAS, the Planning Commission for the City  of Johnson  along with the engineer  for the City  have performed  a comprehensive  and  exhaustive  study and investigation regarding  the future street/transportation needs  in Johnson  taking  into account the Future Land Uses adopted by Ordinance 2010-01  for all  property  within the City as well as considering revision of long-range future land use needs of the City and its residents for streets/transportation  to serve  those properties;

WHEREAS , the Planning Commission has studied the use and need for  various types of roads and streets within  the City comparing  such to the projected  and  anticipated  needs  in the near and  distant future;

WHEREAS, the City is currently considering the proposal of a Comprehensive Land Use Plan and Map; completion of that endeavor and public input on same may be weeks or months away;

WHEREAS, the Planning Commission, on the 4t h  day of May, 2017, held a public hearing on the issue of adopting a new Master Street Plan and the full size Master Street Plan Map as displayed  at City Hall, after the giving  of required  notices ; and,

WHEREAS, the City of Johnson needs to adopt a new Master Street Plan, the Planning Commission recommends and proposes to the City Council of Johnson , Arkansas, that the City adopt the Master  Street Plan  as attached  and as depicted on the attached  map (facsimile) and that the attached Master Street Plan be immediately  adopted  and  that the Master Street Plan Map of the City, which is displayed full size at City Hall be immediately adopted as the official  Master Street Plan  Map.

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

Section  1That the full-size  Master Street Plan Map displayed  at City  Hall along with the attached Master Street Plan, be and are hereby  adopted  as the Master Street Plan and the Master Street Plan Map for the City of Johnson, Arkansas, in the place and stead of the previous Master Street  Plan and Master Street  Plan Map adopted  by Ordinance 2010-0  I.

Section 2That the street/road  types depicted  on the attached  Master Street Plan and the full size Master Street Plan Map displayed at City Hall are hereby adopted for roads and streets  in  the City of Johnson, Arkansas.

Section 3That all  uses and occupation  of lands within  the City shall continue to be in accordance with the described  uses as set  forth  in Johnson  Zoning Ordinance  adopted by Ordinance No. 2007-13 (as amended from  time to time) and  the current  official  zoning map; no structures or improvements shall hereafter be permitted  or allowed  which encroach on the streets/roads in the attached Master Street Plan or as depicted on the full size Master Street  Plan Map displayed  at City Hall.

Section 4Disobedience  to the provisions of the attached  Master Street  Plan and the full size Master Street Plan Map displayed at City Hall in regard to encroachment on depicted  roads/streets  shall  be punished  as provided  in the Johnson Municipal Code.

Section 5Disobedience to the provisions of the Johnson Zoning Ordinance (as amended) as depicted on the current Zoning Map in regard to the use and occupation of specific parcels of land shall  be punished  as provided  in Section 125 thereof.


PASSED  AND APPROVED This 13th day of June 2017.

ATTEST:

 

Friday, 16 June 2017 14:18

ORDINANCE 2017-09

ORDINANCE NO. 2017-09

AN ORDINANCE AMENDING TITLE 14 ZONING, CHAPTER 14.04 ZONING ORDINANCE OF THE JOHNSON MUNICIPAL CODE,

BY ADDING JOHNSON MILL BOULEYARD OVERLAY DISTRICT TO SECTION 14.04.05 DISTRICT REGULATIONS,

DECLARING AN EMERGENCY TO EXIST AND  OTHER  MATTERS RELATED  THERE TO

WHEREAS , City staff, the engineer for the City and the Planning Commission have spent many hours stud yin g, discussing, receiving public input and ideas on a design overlay district for the area around  Johnson  Mill Boulevard;

WHEREAS , the Planning Commission as a result of these efforts, recommends  for  the John son Mill Boulevard  corridor additional  design regulations;

WHEREAS, the Overlay District will protect and enhance Johnson' s appearance, identity, and the City' s natural and economic vitality; and,

WHEREAS, the Overlay District will preserve property  values  of surrounding  property and  provide  good civic design and arrangement.

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

Section 1: Title 14, Chapter 14. 04, Section 14.04.05 of the Johnson Municipal Code is hereby amended by the addition of the Johnson Mill Boulevard Overlay District description , boundaries , regulations and standards (attached hereto as Exhibits  A and  B) which shall appear  in the  Johnson   Municipal   Code   immediately   below  the  Section  number  and  title  and   prior   to " Agricultural and  Residential Districts".

Section 2: The Johnson Mill Boulevard Overlay District, as described on Exhibit A hereto , with regulations and standards as set out in Exhibit B is hereby created to expand the design regulations of the area around Johnson Mill Boulevard which was recently improved as a connection between the Don Tyson Parkway and 1-49, which will enhance and protect Johnson' s appearance, identity and economic vitality while providing good civic design and arrangement and aid mobility.

Section 3: The Johnson Mill· Boulevard Overlay District contains those areas of Johnson identified on the Johnson Mill Boulevard Overlay District Map (a reduced facsimile of which is attached hereto as Exhibit C) and is generally those areas of the City adjacent to either side of Johnson Mill Boulevard and its intersecting streets/roads as more specifically described at Exhibit A and as depicted on the Johnson Mill Boulevard Overlay District Map. The regulations and standards applying to the Johnson Mill Boulevard Overlay District, whether set forth on the attached or in other provisions of the Johnson Municipal Code or Ordinances of the City shall apply to all properties identified as being within the Johnson Mill Boulevard Overlay District. Such regulations and standards shall be in addition to and shall overlay all other Code/Ordinances regulations and standards including but not limited to zoning district, signage regulations, development, redevelopment and expansions of existing development. Should there be a conflict between the regulations and standards of the Johnson Mill Boulevard Overlay District and those underlying regulations and standards, the regulations and standards of the Johnson Mill Boulevard Overlay District shall control except to the extent that there should be a conflict between this Overlay District and the Hilltop/Hillside Overlay District in which case the regulations and standards of the Hilltop/Hillside Overlay District shall control.

Section 4: That the Johnson Mill Boulevard Overlay District Map (24" by 36") with original signatures maintained at City Hall is hereby adopted to identify those areas in the City lying within such Johnson Mill Boulevard Overlay District. Any conflict between the description of the Johnson Mill Boulevard Overlay District contained in Exhibit A and the Johnson Mill Boulevard Overlay District Map maintained at City Hall shall be resolved by the Map yielding to the description in Exhibit A.

Section 5: That except as provided above neither the Johnson Mill Boulevard Overlay District nor the Johnson Mill Boulevard Overlay District Map shall otherwise affect previous Ordinances, Resolutions or adopted codes/standards for development/construction within the City of Johnson . 

Section 6: Whereas , the City has hosted a public meeting and a public hearing concerning the adoption of enhanced design regulations and standards for the area within the Johnson Mill Boulevard Overlay District whereby the majority saw a need for such and felt the need for the change was long overdue, therefore in order to preserve the health, safety and welfare of those in the City an emergency is hereby declared and this Ordinance shall be effective immediately upon its passage and adoption.

PASSED AND APPROVED this 13th day of June, 2017.

* Please see attachment for complete document