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Michelle Horne

Michelle Horne

Thursday, 01 February 2018 20:17

ORDINANCE 2018-03

ORDINANCE NO. 2018-03 

AN ORDINANCE AMENDING TITLE 14 ZONING, CHAPTER 14.04

ZONING ORDINANCE OF THE JOHNSON MUNICIPAL CODE,

BY ADDING WILKERSON-MAIN OVERLAY DISTRICT TO SECTION 14.04.05 DISTRICT REGULATIONS,

DECLARING AN EMERGENCY TO EXIST AND OTHER MATTERS RELATED THERETO

 

WHEREAS, City staff, the engineer for the City and the Planning Commission have spent many hours studying, discussing, receiving public input and ideas on a design overlay district for the area encompassing S. Wilkerson Street and Main Drive;

WHEREAS, the Planning Commission as a result of these efforts, along with their consultants, recommends for the area around S. Wilkerson Street and Main Drive in the central part of the City additional design regulations;

WHEREAS, an overlay district in these areas will protect and enhance Johnson's appearance, (particularly as one enters the City from the East or from the South) Johnson's identity, and the City's natural and economic vitality;

WHEREAS, such an overlay district will preserve property values of surrounding property and provide good civic design and arrangement; and,

WHEREAS, having heard from staff and consultants, and having traveled the areas covered by the sign requirements contained in this ordinance, the Planning Commission finds that the sign size limitations contained in the ordinance have been selected in a way that permits motorists and pedestrians to view and read the signs, as well as meets the safety and aesthetic goals of this overlay district.


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 Wilkerson-Main Overlay District description, regulations and boundaries (attached hereto as Exhibit A and B) which shall appear in the Johnson Municipal Code immediately below the Johnson Mill Boulevard District regulations adopted by Ordinance 2017-09 (and as amended) and prior to "Agricultural and Residential Districts".

Section 2: The Wilkerson-Main 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 S. Wilkerson Street and Main Drive in the central part of the City, which will enhance and protect Johnson's appearance, (particularly as one enters the City from the East or from the South) as well as the City's identity and economic vitality while providing good civic design and arrangement and aid mobility.

Section 3: The Wilkerson-Main Overlay District contains those areas of Johnson identified on the Wilkerson-Main 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 Main Drive beginning at the East city limit to just beyond the railroad tracks and S. Wilkerson Street from Main Drive to Mud Creek and the intersecting streets/roads as more specifically described at Exhibit A and as depicted on the Wilkerson-Main Overlay District Map. The regulations and standards applying to the Wilkerson-Main 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 Wilkerson-Main 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 Wilkerson-Main Overlay District and those underlying regulations and standards, the regulations and standards of the Wilkerson-Main 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 Wilkerson-Main Overlay District Map (48" by 36") with original signatures maintained at City Hall is hereby adopted to identify those areas in the City lying within such Wilkerson-Main Overlay District. Any conflict between the description of the Wilkerson­ Main Overlay District contained in Exhibit A and the Wilkerson-Main 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 Wilkerson-Main Overlay District nor the Wilkerson-Main 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 Wilkerson-Main 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 day 9th day of January, 2018

ATTEST:

* Please see attachment for complete document

Thursday, 01 February 2018 20:06

ORDINANCE 2018-02

ORDINANCE NO. 2018-02

AN ORDINANCE AMENDING TITLE 14 ZONING, CHAPTER 14.04, SECTION 14.04.05

DISTRICT REGULATIONS OF THE JOHNSON ZONING CODE AMENDING

THE JOHNSON MILL BOULEVARD OVERLAY DISTRICT BOUNDARY;

DECLARING AN EMERGENCY TO EXIST; AND OTHER MATTERS.

 

WHEREAS, in June of 2017, Ordinance No. 2017-09 was passed which amended Title 14. Chapter 14.04 of the Johnson Municipal Code to add the Johnson Mill Boulevard Overlay District to Section 14.04.05;

WHEREAS, upon further review and refinement of the goals and expectations, the area to which the overlay district applies needs to be changed to remove certain property;

WHEREAS, upon continued consideration and study the Johnson Planning Commission along with their consultants believe the real property described at Exhibit A hereto more closely identifies with properties being considered to be included in the Wilkerson-Main Overlay District which has been approved and is being recommended to the City Council for adoption; and,

WHEREAS, the Johnson Mill Boulevard Overlay District will continue to protect and enhance Johnson's appearance and identity, as well as protect the surrounding property values without the property described at Exhibit A.

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

Section 1: The Planning Commission has recommended that the described property (attached hereto as Exhibit A) be removed from the Johnson Mill Boulevard Overlay District.

Section 2: Title 14, Chapter 14.04, Section 14.04.05 of the Johnson Municipal Code is hereby amended by removing the property described at Exhibit A hereto from the Johnson Mill Boulevard Overlay District.

Section 3: That following the removal of the property described at Exhibit A hereto, the revised text description of the Johnson Mill Boulevard Overlay District is as set forth on Exhibit B hereto.

Section 4: That following the removal of the property described at Exhibit A hereto, the Johnson Mill Boulevard Overlay District contains those areas of Johnson identified on the Johnson Mill Boulevard Overlay District Map dated the 9th day of January, 2018 (a reduced facsimile of which is attached hereto as Exhibit C) and is generally the areas described in Exhibit A to Ordinance No. 2017-09 LESS AND EXCEPT that area described in Exhibit A hereto. The Johnson Mill Boulevard Overlay District Map (48" by 36") dated the 13th day of June, 2017, is hereby adopted to identify those areas of the City lying within the Johnson Mill Boulevard Overlay District from and after the 9th day of January, 2018. Any conflict between the description of the Johnson Mill Boulevard Overlay District at Exhibit B hereto and the Johnson Mill Boulevard Overlay District Map maintained at City Hall shall be resolved by the Map yielding to the description on Exhibit B hereto.

Section 5: That except as specifically provided above the Johnson Mill Boulevard Overlay District is not amended and is hereby confirmed and ratified.

Section 6: Inasmuch the property described at E xhibit A hereto must be removed from the Johnson Mill Boulevard Overlay District before it can be included in the Wilkerson-Main Overlay District which is being considered by the Council this same date and that Ordinance has an emergency clause; it is necessary to ensure responsible governmental order and to protect the health, welfare· and safety of the citizens that this Ordinance become effective immediately; therefore an emergency is hereby declared and this Ordinance shall be effective immediately upon its passage and approval. 


PASSED AND APPROVED this day 9th day of January, 2018.

ATTEST:

• Please see attachment for complete document

Thursday, 01 February 2018 20:02

ORDINANCE 2018-01

ORDINANCE NO. 2018-01

AN ORDINANCE TO AMEND THE ZONING DISTRICT CLASSIFICATION AND BOUNDARIES

REGARDING PROPERTY IDENTIFIED IN REZONING PETITION 2017- 25

OF CLAYTON BRONSON AND JENNIFER BRONSON

APPROVED DECEMBER 7, 2017, BY JOHNSON PLANNING COMMISSION.

WHEREAS, the Planning Commission on December 7, 2017, passed the Rezoning Petition of Clayton Bronson and Jennifer Bronson, and recommended to the City Council passage of an ordinance to rezone the described property from R-1 to R-O;

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

Section 1: That the zone classification of the following described property be changed from R-1 to R-O.

See attached "Exhibit A"

Section 2: That the official Zoning District's map of the City of Johnson, Arkansas is hereby amended to reflect the zoning change in Section 1 above.


PASSED AND APPROVED this 9th day of January, 2018.

Attest:

 

EXHIBIT A

A PART OF THE SOUTHWEST QUARTER (SWI/4) OF THE NORTHEAST QUARTER (NEl/4) OF SECTION TWENTY-TWO (22), TOWNSHIP SEVENTEEN (17) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID 40 ACRE TRACT, SAID POINT BEING AN EXISTING STONE MONUMENT; THENCE NORTH 89 DEGREES 48 MINUTES 35 SECONDS EAST 607.59 FEET ALONG THE SOUTH LINE OF SAID 40 ACRE TRACT TO A POINT; THENCE LEAVINO THE SOUTH LINE OF SAID 40 ACRE TRACT, NORTH 01 DEGREES 05 MINUTES 31 SECONDS EAST 233.37 FEET TO AN EXISTING P-K NAIL IN THE CENTER OF SECOND STREET, SAID POINT BEING THE SOUTHEAST CORNER OF A TRACT OF LAND SHOWN ON A PLAT OF SURVEY FILED AS DOCUMENT 2009- 00032430 OF THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS; THENCE NORTH 01 DEGREES 05 MINUTES 31 SECONDS EAST 178.05 FEET TO A SET 1/2" IRON REBAR FOR THE TRUE POINT OF BEGINNING; THENCE NORTH 01 DEGREES 05 MINUTES 31 SECONDS EAST 5.90 FEET TO AN EXISTING IRON REBAR AT THE NORTHEAST CORNER OF SAID SURVEY FILED AS LAND DOCUMENT 2009-00032430; THENCE NORTH 77 DEGREES 36 MINUTES 03 SECONDS WEST 2.91 FEET TO A\J EXISTING FENCE CORNER POST; THENCE NORTH 54 DEGREES 01 MINUTES 14 SECONDS WEST 9.94 FEET ALONG AN EXISTING FENCE TO A FENCE CORNER POST; THENCE NORTH 85 DEGREES 22 MINUTES 30 SECONDS WEST 112.59 FEET ALONG AN EXISTING FENCE TO A FENCE CORNER POST; THENCE NORTH 01 DEGREES 27 MINUTES 30 SECONDS EAST 90.54 FEET ALONG AN EXISTING FENCE TO A FENCE CORNER POST; THENCE NORTH 00 DEGREES 51 MINUTES 15 SECONDS EAST 86.24 FEET ALONG AND IN LINE WITH AN EXISTING FENCE TO A SET 1/2" IRON REBAR; THENCE NORTH 07 DEGREES 16 MINUTES 25 SECONDS EAST 105.66 FEET ALONG AN EXISTING TREE ROW TO A SET 1/2" IRON REBAR ON THE SOUTH RIGHT-OF-WAY OF MAIN DRIVE, SAID POINT BEING ON A 1009.33 FOOT RADIUS CURVE CONCAVE TO THE NORTH; THENCE SOUTHEASTERLY 114.97 FEET ALONG SAID CURVE AND RIGHT-OF-WAY, THE CHORD FOR WHICH BEING SOUTH 82 DEGREES 17 MINUTES 49 SECONDS EAST 114.91 FEET TO A POINT; THENCE SOUTH 89 DEGREES 24 MINUTES 38 SECONDS EAST 26.68 FEET ALONG SAID RIGHT-OF-WAY LINE TO A SET 1/2" IRON REBAR IN LINE WITH A CHAIN LINKED FENCE RUNNING IN A SOUTHERLY DIRECTION; THENCE LEAVING SAID RIGHT-OF-WAY LINE, SOUTH 00 DEGREES 50 MINUTES 04 SECONDS WEST 100.35 FEET ALONG SAID FENCE TO A POINT; THENCE SOUTH 01 DEGREES 07 MINUTES 52 SECONDS EAST 144.60 FEET ALONG SAID FENCE TO A FENCE CORNER POST; THENCE SOUTH 01 DEGREES 37 MINUTES 05 SECONDS EAST 44.30 FEET ALONG SAID FENCE TO A FENCE CORNER POST; THENCE LEAVING SAID FENCE NORTH 85 DEGREES 38 MINUTES 59 SECONDS WEST 37.24 FEET TO THE POINT OF BEGINNING, CONTAINING 1.00 ACRES, MORE OR LESS, JOHNSON, ARKANSAS.

Thursday, 01 February 2018 19:20

RESOLUTION 2018-02

RESOLUTION NO. 2018- 02
A RESOLUTION AUTHORIZING CERTAIN CITY OFFICIALS TO
EXECUTE A CONTRACT FOR FIRE PROTECTION SERVICES BETWEEN THE CITY OF JOHNSON AND THE JOHNSON AREA
VOLUNTEER FIRE DEPARTMENT

WHEREAS, there exists a need to exhibit the City of Johnson's support for the Johnson Area Volunteer Fire Department, and,

WHEREAS, the Johnson Area Volunteer Fire Department and the City have purchased equipment, obtained grants and taken various steps to enable the residents of Johnson to benefit from the lower ISO rating, and,

WHEREAS, the Deputy Legislative Auditor requires documentation in the form of a written contract to support the financial assistance to the Volunteer Fire Department by the City, and,

WHEREAS, the Johnson Area Volunteer Fire Department has provided valuable services to the City and to the citizens of Johnson in years past and evidences its intent to continue to provide these services,

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

1. The Mayor and Recorder-Treasurer of Johnson, Arkansas, are hereby authorized to execute the Fire Protection Agreement with the Johnson Area Volunteer Fire Department to secure to the City and its inhabitants the benefits set forth in such Agreement (as attached hereto) for the term of such Agreement.

2. That the Mayor and Recorder-Treasurer are hereby authorized to make the payments called for in such Agreement as they become due from the general fund.

PASSED AND APPROVED this 9th day of January, 2018.

FIRE PROTECTION AGREEMENT

This Agreement is entered into this day of 9th day of January 2018, by and between the City of Johnson, Arkansas, hereinafter called "Johnson" and the Johnson Area Volunteer Fire Department, hereinafter called "Department", for the uses, purposes and mutual considerations herein set forth.


1. PURPOSE. Recognizing that the Department mans, equips, trains and maintains an organized combination (volunteer/employee) fire department, and recognizing that Johnson does not provide for itself organized fire protection through its own department, the parties hereto enter into this agreement for the purpose of the Department providing fire, rescue, and medical assistance to Johnson for the consideration mentioned herein.

2. TERM. The term of this Agreement shall be for the period beginning on the 1st day of January, 2018, and expiring on the 31st day of December, 2018, unless termination shall occur sooner as provided herein.

3. RIGHTS AND RESPONSIBILITIES OF THE PARTIES. The rights and responsibilities of the respective parties shall be as follows:


a) The Department, during the term of this contract, shall provide fire protection, rescue services and medical services, machinery and equipment, training of personnel, and the personnel necessary for their operation to combat fires, provide emergency medical assistance and conduct rescues with regard to all buildings, fields, and properties within the City and those owned by or under the control of the City of Johnson, Arkansas, including all roadways, rights of way, trails, parks and other public areas within the City of Johnson, Arkansas.

b) The Department will provide a minimum of two (2) firefighters on duty from 7:30 a.m. until 10:30 p.m., Monday through Friday and twelve (12) hours on each Saturday and each Sunday with the times to be determined as circumstances may require, in addition to other personnel as needed/required.

c) The Department's response, and the parameters thereof, to any emergency located within Johnson, shall be determined by the Fire Chief of the Department or his designee, and that such response shall be necessary and appropriate to the existent solution.

d) Johnson shall pay to the Department the sum of Twenty-Four Thousand, Three Hundred, Seventy-Five Dollars ($24,375.00) per month during the effective term of this Agreement as consideration for the covenants contained herein. The sum shall be payable on or before the 15t h of each month. Failure to pay said sums in a timely manner will, at the option of the Department, cause cancellation of this contract upon written notice as provided herein. The Department will provide to Johnson on a monthly basis a detailed payroll accounting report to include, but not necessarily limited to payees, hours worked and amount paid.

e) The City of Johnson may cause to be paid over to the Department any funds to which Johnson is or may become entitled during the term of this agreement as a result of Acts of Arkansas, Act 833 of 1991.


4. LIABILITY/HOLD HARMLESS. To the extent of any contracts or Agreements between the City of Johnson and the Arkansas Municipal League, Johnson shall indemnify the Department, its officers, agents, employees and volunteers, and hold it harmless against and from all claims, demands, actions, and rights of action which shall or may arise by virtue of anything done or omitted by the Department as a result of this agreement, provided such claims shall arise as a result of any action taken by the Department pursuant to and in accordance with this

Agreement.

All properly trained members of the Department engaged in performance of the rights and responsibilities contained herein shall be considered to be acting within the scope of their authority and in discharge of their duties, and shall not lose or forfeit any right or benefit in rank, pay, disability or retirement payments, or benefits as a result of performance under this contract.
The Johnson Area Volunteer Fire Department, its officers, agents, members, employees and volunteers shall indemnify Johnson, its officers, agents and employees and hold harmless Johnson against and from all claims, demands, actions and rights of action which shall or may arise by virtue of anything done or omitted as a result of the performance or non-performance of this agreement by the Department, its officers, agents, members, employees or volunteers.


5. TERMINATION. This Contract may be terminated prior to the expiration of its term upon any of the following events:


Non-payment of the consideration as set forth in Paragraph 3(d) hereinabove. Upon Johnson's failure to appropriate sufficient funds to pay the consideration as set forth herein. By Johnson upon fifteen (15) days written notice to the Department that the City Council of Johnson has failed to ratify this Agreement. By either party, without cause, upon ninety (90) days written notice to the other party as required herein. Upon Johnson forming, by acquisition or otherwise, a municipal fire department and giving thirty (30) days written notice to the Department.

6. MODIFICATIONS. Any modification to this contract shall be in writing, signed by the appropriate officials of the respective parties, and shall be accompanied by a Resolution of the governing bodies of Johnson and the Johnson Area Volunteer Fire Department authorizing such modification.

7. NOTICES. All notices required by this Agreement shall be sent by certified mail, return receipt requested, to:


City of Johnson, Arkansas Attn: Mayor
P.O. Box 563 Johnson, AR 72741

Johnson Area Volunteer Fire Department Attn: Matt Mills
5810 S. Cardwell
Fayetteville, AR 72704

This Agreement shall become effective upon the adoption of an appropriate Resolution authorizing such agreement by the governing bodies of the City of Johnson and the Johnson Area Volunteer Fire Department and upon the execution hereof by the appropriate officials of the parties. IN WITNESS WHEREOF, this contract has been executed on the date first above written.

ATTESTED:

Thursday, 01 February 2018 19:16

RESOLUTION 2018-01

RESOLUTION  2018- 02

A RESOLUTION AMENDING RESOLUTION 2016-10

OF THE CITY OF JOHNSON, ARKANSAS;

AMENDING THE BUDGET FOR THE PERIOD BEGINNING

JANUARY 1, 2017 AND ENDING DECEMBER 31, 2017.

 

WHEREAS, the City Council has been advised of changes in various portions of the 2017 City Budget affecting both actual expenses and income different than anticipated for 2017; and

WHEREAS, it is the opinion of the City Council that an amendment to the budget accepted by Resolution 2016-10 is required to make appropriations for the revenue to cover the additional and different expenses for the year 2017.

NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF  JOHNSON, ARKANSAS,

SECTION 1: That Resolution 2016-10, which is known as the Budget Resolution for the City of Johnson, for the year 2017 which reflected an estimate of revenues and expenditures for the city departments did not adequately meet the needs of those departments. The attached budget is hereby adopted as an amendment to the budget approved by Resolution 2016-10.

SECTION 2: The respective amounts in the attached Exhibit shall be and constitute the changes

to the budget for the year 2017 as was attached to Resolution 2016-10.

 PASSED AND APPROVED this 9th day of January 2018.

  ATTEST:

  • Please see attachment for complete document
Tuesday, 16 January 2018 17:34

December 12, 2017

JOHNSON CITY COUNCIL MEETING MINUTES

CITY HALL DECEMBER  12, 2017

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

Present were Council Members Richard McMullen, Katherine Hudson, Bill Burnett,  Bob Fant  and  Melissa Pasinski. Also present were Recorder/Treasurer Jennifer Allen, Police Chief Vernon Sisemore, Fire  Chief Matt Mills, Public Works Director Jerry Morrow and Building Official Clay Wilson. City Attorney  Danny  Wright  had  a trail in Elkins and Council Member  Hunter  Haynes  was absent.                                                                       ,

Mayor Keeney asked for a motion to approve the minutes of the November 14, 2017 council meeting. Bob Fant made a motion to approve the minutes with corrections and was seconded by Richard McMullen. All approved.

Department Head Reports:

 Police Chief Vernon Sisemore stated that 27 new cases were opened and 19 were closed. Chief Sisemore stated there have been no qualified applicants for the open positions in the department.  Chief Sisemore  stated that  the mandatory  annual training for the department  is complete; from this point forward most training can be done in house but in January criminal justice training will need to be paid for. Chief Sisemore stated that for the first time since he's been here, there was an armed robbery; committed by 2 juveniles who

,ere caught and are being tried as adults.

Fire Chief Matt Mills stated there were 25 calls, most of which were EMS and the volume seems to have leveled off. Mills stated designation as a fire-wise community is complete and they received a check for

$1,000. Chief Mills stated there is still no ladder truck and Engine 1 has been taken to Springfield for repairs which will begin after the first of the year and will take a couple of months.

Public Works Director Jerry Morrow stated he has been coordinating with FEMA and they have a new crew in place now; the preliminary survey has been completed. Morrow stated 15 \     2n d  and Bryan Streets have been changed to one way (approved in the Master Street Plan); Morrow stated they have continued to work on the railroad ditch and a leak at Bowenworks has been repaired. Morrow stated they purchased a new Kubota mower and traded in the 2 old John Deeres.

Building Official/Maintenance Specialist Clay Wilson stated there were 2 building permits and 7 mechanical permits issued. Wilson stated he attended his yearly electrical certification class and a special medical marijuana HVAC class, and held TPR and PC meetings along with numerous other meetings with the City Engineer.

Recorder/Treasurer Jennifer Allen stated that Property Taxes and State Turnback have been received; Sales Taxes have not. Allen stated a Building Permit was issued for the RMP Building in Johnson Square valued at

$2.8 million. Allen stated $7,100 was spent on a new mower to replace the 2 worn out John Deere mowers, 750 was received in trade for the 2 old ones. Allen stated the Budget and Finance Committee has approved the 2018 Budget which will be discussed later in the meeting and she is watching interest rates as the plan is to invest $200,000 in CD's by the end of the year.

City Attorney Danny Wright stated that he has been working on the Animal Control/Code Enforcement position, both the Johnson Mill Boulevard and the Main and Wilkerson Overlay Districts, working with Clay and James on the Conditional Use Permit issues and an ordinance for payment of a fee in lieu of road improvements.

Mayor Keeney stated the Police Department has reinstated home stow units for our officers; working well as they arrive ready to go right to work.

Mayor Keeney stated he had spoken with the Rogers Chief of Police and a Lieutenant in Fayetteville and the said they were also not getting any good applicants.

Mayor Keeney stated that talking to the Corps of Engineers about the railroad and flooding issues was a no go and there would be no help from their end.

Unfinished Business: None

New Business:

 Mayor Keeney presented RESOLUTION 2017-10: A RESOLUTION PROVIDING FOR AND ADOPTING A BUDGET FOR THE CITY OF JOHNSON, ARKANSAS FOR THE TWELVE (12) MONTHS BEGINNING JANUARY 1, 2018, AND ENDING DECEMBER 31, 2018; APPROPRIATING MONEY FOR EACH AND EVERY EXPENDITURE THEREIN

PROVIDED FOR AND FOR OTHER PURPOSES. Motion to approve was made by Bob Fant and seconded by Richard McMullen. All approved.

Mayor Keeney presented RESOLUTION 2017-11: A RESOLUTION SUPERSEDING RESOLUTION 2015-19 TO SET THE PER MEETING COMPENSATION FOR PLANNING COMMISSION MEMBERS PURSUANT TO ORDINANCE

2015-11. Motion to approve was made by Bob Fant and seconded by Richard McMullen. All approved.

Mayor Keeney stated that Saturday, December 16, 2018, was the annual Blue Lights of Christmas and the route could be found on the PD and City Facebook pages.

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. Bob Fant made a motion to pay the bills and Melissa Pasinski seconded. All approved.

Mayor Keeney asked for a motion to adjourn which was made by Bill Burnett and seconded by Bob Fant. All approved. The meeting was adjourned at 7:05 pm.

Respectfully Submitted,

Thursday, 11 January 2018 14:31

RESOLUTION 2017-11

clip_image001.gifclip_image002.gifRESOLUTION NO. 2017-11

A RESOLUTION SUPERSEDING RESOLUTION 2015-19 TO SET THE PER MEETING COMPENSATION FOR PLANNING COMMISSION MEMBERS PURSUANT TO ORDINANCE 2015-11.

 

 

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

 

Section 1: Ordinance No. 2015-11 requires that the City Council pass resolutions from time to time to set the per meeting compensation for Planning Commission members who meet certain qualifications.

Section 2: Effective with the Planning Commission meetings (regular or special) occurring after December 31, 2017, the per meeting compensation for Planning Commission members who meet the requirements of Ordinance 2015-11, shall be the before taxes amount of $50.00.

Section 3:       This Resolution supersedes Resolution 2015-19 and shall remain in effect until duly repealed or superseded.

PASSED AND APPROVED this 12th  day  of  December, 2017.

 

 

Attest:

Wednesday, 10 January 2018 22:43

RESOLUTION 2017-10


RESOLUTION 2017-10

A RESOLUTION PROVIDING FOR AND ADOPTING A BUDGET FOR THE CITY OF JOHNSON, ARKANSAS, FOR THE TWELVE (12) MONTHS BEGINNING JANUARY 1, 2018,

AND ENDING DECEMBER 31, 2018; APPROPRIATING MONEY FOR EACH AND EVERY ITEM OF EXPENDITURE THEREIN PROVIDED FOR AND FOR OTHER PURPOSES.

WHEREAS, the City Council has made a comprehensive study and review of the

proposed budget, and

WHEREAS, it is the opinion of the City Council that the schedules and exhibits of financial information prepared and reviewed revealing anticipated revenues and expenditures for the calendar year 2018 appear to be as accurate as possible for budgetary purposes.

NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF

JOHNSON, ARKANSAS,

SECTION 1: This resolution shall be known as the Budget Resolution for the City of Johnson, Arkansas, for the twelve (12) month period beginning January I, 2018, and ending December 31, 2018, reflecting estimated revenues and expenditures as hereinafter set forth on the succeeding pages at Exhibit A. All revenues herein are estimated and subject to change and all appropriations are calculated upon available revenues.

SECTION 2: The respective amounts of funds for each and every item of expenditure classification herein proposed in the budget for 2018 are hereby approved by the City Council of Johnson, Arkansas, and are hereby authorized and appropriated for the purposes herein set forth for the calendar year ending December 31, 2018.

PASSED AND APPROVED this 12th day of December, 2017

ATTEST:

* Please see attachment for full document

Wednesday, 10 January 2018 22:40

RESOLUTION 2017-09

RESOLUTION NO. 2017- 09

 

A RESOLUTION LEVYING A TAX ON THE REAL AND PERSONAL

PROPERTY WITHIN THE CITY OF JOHNSON, ARKANSAS, FOR THE YEAR 2017, FIXING THE RATE THEREOF AT FIVE MILLS, AND

CERTIFYING THE SAME TO THE COUNTY CLERK OF WASHINGTON COUNTY, ARKANSAS.

 

 

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

Section 1:        That a tax is hereby levied on the real and personal property within the

City of Johnson, Arkansas, for the year 2017, to be collected in 2018, at the rate FIVE mills.

Section 2:         That the real and personal property tax so levied and the rates provided therefor are hereby certified to the Clerk of Washington County, Arkansas, to be placed in the tax book by the County Clerk and collected in the same

manner that the county and school district taxes are collected.

Section 3:        The Recorder-Treasurer is hereby authorized and directed to file certified copies of this resolution in the office of the County Recorder, County Clerk, County Assessor , and the County Tax Collector for Washington County, Arkansas.

PASSED AND APPROVED this 10th day of October, 2017

Municipal/ coj Ad Valo rem Tax 09081 7 res

Wednesday, 10 January 2018 20:41

RESOLUTION 2017-05

RESOLUTION No. 2017-05

A RESOLUTION REPEALING RESOLUTION NO. 2016-09

AND THE CONTRACT APPROVED THEREBY AND

APPROVING A REVISED CONTRACT BETWEEN

WASHINGTON COUNTY, ARKANSAS AND THE CITY OF

JOHNSON, ARKANSAS TO PROVIDE ANIMAL

SHELTERING SERVICES TO THE CITY OF JOHNSON.

  

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

 Section 1:         Whereby Resolution No. 2016-09 was passed in November 2016 approving a contract for animal sheltering services by Washington County with the understanding that specific portions of the contract were still being negotiated by legal counsel: those contract provisions having been resolved and a new contract tendered by the County, Resolution No. 2016-09 is hereby repealed and the contract approved thereby is hereby voided.

Section 2:         That the City Council of the City of Johnson, Arkansas hereby approves the attached 'Closed Admissions' Animal Sheltering Contract between Washington County, Arkansas and the City of Johnson, whereby the County will provide animal sheltering services to the City of Johnson. A copy of the contract, marked Exhibit "A" is attached hereto, and made a part hereof.

Section 3:         That the City Council of the City of Johnson, Arkansas hereby authorizes the Mayor and the Recorder-Treasurer, to execute the contract with Washington County and to make payment pursuant to the terms of Exhibit A.

Passed and Approved this 9th day of January, 2017  ·

ATTEST:

coj Animal Sheltering Services Res . 02 13 17

 

“CLOSED ADMISSIONS" CONTRACT BETWEEN WASHINGTON COUNTY, ARKANSAS AND THE CITY OF JOHNSON, ARKANSAS

 

 

THIS AGREEMENT is entered  into, this 9th day of January, 2017, by and between Washington County (..County"), Arkansas and the City of Johnson, Arkansas (..City''). concerning the provision of animal sheltering services;

  and,

 WHEREAS, effective animal control is of mutual interest to the County and the City;

WHEREAS, the County possesses the necessary facilities to provide animal sheltering services to City.

NOW, THEREFORE, IN CONSIDERATION of mutual promises of the parties' contained herein and other good and valuable consideration, the parties agree as follows:

ARTICLE I

The County agrees to provide sheltering services for animals delivered to Lester C. Howick Animal Shelter in Fayetteville, Arkansas, by designated animal control officers and any citizen who has a letter from a Johnson, Arkansas City Official authorizing the County Shelter to accept the animal, according to Shelter surrender policies. The term "sheltering services" shall include, but is not limited to: food, water, shelter, veterinary care (basic care provided to be provided during normal working hours). Euthanasia, and impoundment (up to three (3) days, after which said animal shall become the property of the County). This shall also include after­ hours access for the county animal control officers.

The County agrees to provide rabies quarantine services for  animals  delivered  to  the County Shelter by designated animal control officers. The term '·rabies quarantine services "  shall include , but is not limited to: isolation  of  the  animal  from  the  public,  food,  water,  shelter , veterinary care (basic care provided is to be provided during  normal  working  hours),  and euthanasia.   The  County   shall  provide  said  rabies  quarantine  services  for  an  animal  up  to  three ( 3) days for  stray  anima ls  and  up  to  ten  ( I 0)  days,  including  the  day  of  the  bite.  for owned animals . At the expiration of ten ( I 0) clays of quarantine, the animal may be  reclaimed  by  the owner. If the owner fails to claim the animal, it shall become the property of the County and shall be euthanized.

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ARTICLE II

City agrees to comply with the County's Operating Policy during the term of this Agreement. and understands that the County may terminate this agreement for noncompliance.

ARTICLE Ill

Sheltering fees for 2017 shall be $150.00 per animal plus $10.00 per day the animal is sheltered, which shall be due and payable monthly on the first day of each month by the City to the County. If an animal is impounded, the cost of such shall be borne by the owner. The shelter shall collect the $150.00 fee plus additional daily fees at the time of reclamation by the owner and no billing shall be passed on to the City. However, if the owner fails to reclaim or refuses to retrieve any such animal within three (3) days of impoundment,  the animal  shall  be forfeited  to the County and billing shall be passed on to the City. Rabies Quarantine fees for 2017 shall be

$40.00  per  day  for  each  day  the  animal  spends  in  quarantine  at  the  shelter.  lf an  animal is

impounded, the costs of such shall be borne by the owner; however, if the owner fails or refuses to retrieve any such animal at the end of the quarantine period the animal shall be forfeited to the County and quarantine fees shall be passed on to the City.

ARTICLE IV

This agreement shall begin upon  execution  by  the  parties  and  end  at  midnight  on December 31, 2017 subject to annual  renewal  on  such  terms  as  are  agreeable  by  the  parties.  If this contract is activated at any other time other  than  the  first day of  any  month  then  the  monthly  fee due herein shall be prorated accordingly.

ARTICLE V

Neither the County nor the City may assign any of its rights or delegate any of its obligations under this Agreement, without the express written consent of the other.

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ARTICLE VI

This Agreement shall be interpreted according to and enforced under the laws of the State of Arkansas.

ARTICLE VII

Each paragraph of this Agreement is severable from all other paragraphs.  In the event any court of competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs shall remain in full force and effect.

ARTICLE VIII

 In the event City knows or suspects  that an animal  is dangerous or potentially dangerous  as defined by County ordinances and fails to inform the County, or fails to inform County of all known behavioral history of animal, then in such case City shall hold harmless the County from  any and all claims or liabilities arising from the performance of this Agreement, provided that nothing in this Agreement shall be construed to alter, limit or  otherwise  compromise  that immunity afforded the County or the City under Constitution and Statutes of  the  State  of Arkansas.

ARTICLE IX

It is agreed that the failure of any party to invoke any of the available remedies under this Agreement, or under law in the event of one or more breaches or defaults by any party under the Agreement. Shall not be construed as a waiver of such provisions and conditions and shall not prevent the parties from invoking such remedies in the event of any future breach or default.

ARTICLE X

This Agreement constitutes the entire understanding of the parties,  and  no  modification or variation of the terms of  this  Agreement  shall  be  valid  unless  made  in  writing  and  signed  by the duly authorized agents of the parties.

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 ARTICLE XI

This Agreement may be terminated by either party upon sixty (60) days written notice to the Chief Elected Official of each party.

IN WITNESS WHEREOF, the City of Johnson, Arkansas and Washington County have executed this Agreement on or as of the date first written above.

ATTEST:

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