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RESOLUTION 2015-6

A RESOLUTION DETERMINING THE PROCESS TO
HIRE A PROFESSIONAL TO ASSIST THE CITY, TO
FORM A COMMITTEE AND TO ALLOCATE FUNDS
FOR DEVELOPMENT OF A SCHEMATIC CITY
MASTER PLAN AND FORMING A COMMITTEE
WHEREAS, the City is on the cusp of a new era of growth and development; and,
WHEREAS, the City desires to obtain professional assistance in developing and
adopting a Schematic City Master Plan (hereinafter SCMP); and,
WHEREAS, A.C.A. Section 19-11-801 permits a City to choose a method of obtaining
professional Services other than competitive bidding; and,
WHEREAS, certain City officials have attended meetings, investigated options, spoken
with interested potential community partners and are in strong support of the project; and,
WHEREAS, two of those officials are willing to serve as a committee of the Planning
Commission to meet with the Mayor and to spearhead this project, promote the project, answer
to and advise both the Planning Commission and the Council and interact with the community
partners as well as interested non-city parties; and,
WHEREAS, City officials have developed a proposed Request for Proposal to be
presented to a professional to acquire her participation for a fee in the SCMP project; and,
WHEREAS, the preferred professional has a prior working, but non-financial
relationship with one of the Planning Commission members who is proposed to be one of the
Planning Commission committee members that meets with the Mayor and spearheads this
project; and,+

WHEREAS, THE Council desires to move forward with this project and authorize
moneys from the general fund towards accomplishment of these ends.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF JOHNSON, ARKANSAS, that
Section 1: That Dan Cross and Susan Anders, having already spent several hours
reviewing current City plans and ordinances, meeting with the Mayor, talking with proposed
community partners and discussing the benefits to the City and its citizens of a SCMP, are
hereby appointed as a committee of the Planning Commission to accomplish the project of
developing and adopting a SCMP for the City of Johnson.
Section 2: The attached Request for Proposal (hereinafter RFP) shall be presented to
the professional selected by the committee hereinabove created.
Section 3: That the aforesaid committee shall keep the Mayor, Planning Commission
and Council advised of steps being taken, progress, problems and the overall process.
Section 4: Understanding that more than one community partner is willing to
contribute $5,000.00 towards the development and adoption of a SCMP for Johnson, the Mayor
and Recorder-Treasurer are authorized to negotiate an agreement with such community partners
to safeguard the community partners investment in this SCMP project, a form of such agreement
is attached hereto and such is hereby approved and the Mayor and Recorder-Treasurer are
authorized to execute such on behalf of the City with each community partner.
Section 5: The City, from the general fund, shall spend up to $5,000.00 for the fees
of the professional selected by the committee once a contract/agreement for services (as

approved by the Council) is executed plus, costs of printing and other reimbursables not to
exceed $2,500.00 unless subsequently approved by the Council.

 

Draft- RFP
City of Johnson Planning Commission
Date: April 8, 2015
The purpose of this draft is to provide guidance for the scope for work and
resultant products for a Schematic ("Working") City Master Plan.
1. "County View" of Johnson and it's "edges" to the north, south, east and west
which includes: highway 412 to the north, highway 112 to the west and
south, 412 bypass, the 112 interchange, and 718 to the east and portions of
Don Tyson Parkway. (Large Map)
2. Planning Map of the City of Johnson which includes: Current development,
Projected development through 2015 (approx. 12 months), Current streets,
and Funded New streets, Possible development corridors, current zoning
with suggested changes/conflicts.
3. Schematic Design ofTovm identifiers which includes: a) Brief historical
information relevant to future design (subjective), b) Design vignettes (2)City
Hall, Square or Common and RaiL c) Design vignette of possible park and
creek trails plan supported by the approved town identifiers, d) Design
vignettes (2) 56st edge and proposed gate at road widening e) Design
vignettes (2) of "town" vehicular entrances at the city limit, and Schematic
view using "entrance drawings" and photographs of the existing mill at James
It the Mill and l-49 as a unique precedent building.
This list will be accomplished through large-scale maps, perspectives and some
landscape plans. In addition, these "work products" will be used to review and
revise the existing zoning and ordinances for future development.
Some modifications to the "work products" listed should be anticipated if there are
changes or additions to proposed development as presented at the time that these
documents are completed (hopefully august 2015).

It should be understood that language for the RFP will be provide by the City of
Johnson, and 'Nill comply with all neces.sary requirements for their protocol.

 

CONTRIBUTION AGREEMENT
This Contribution Agreement ("Agreement") is made and entered into on this day
of May, 2015, by and between , an individual (the "Contributor"), and the
City of Johnson, Arkansas, hereinafter the recipient ("Johnson").
W-1-T-N-E-S-S-E-T-H
WHEREAS, Contributor has interests in Johnson, and desires to assist Johnson
financially in developing a Schematic City Master Plan, and
WHEREAS, Johnson desires to develop a Schematic City Master Plan for the purpose of
guiding elected and appointed City officials along with existing and prospective businesses and
institutions, and
WHEREAS, Johnson has been working on a proposed Request for Proposals to be
published and/or communicated to various architects, engineers, city planners and possibly
others to solicit proposals for a firm/person to work with the City in developing such a plan, and,
WHEREAS, Contributor is willing to contribute a portion of the funds under certain
conditions as set forth in this agreement to assist in this end; and,
WHEREAS, Johnson will hold the contributed funds from Contributor and others and
use such funds only as agreed herein.
NOW THEREFORE, in consideration of the mutual promises contained herein the
parties agree as follows:
1. Contributor hereby agrees to deposit with this escrow agreement the sum of Three
Thousand and Noll 00 Dollars ($3,000.00) to fund this contribution agreement.
2. Johnson agrees to accept the contribution under the terms and conditions contained here.
3. Escrow Agent agrees to accept the funds mentioned herein and administrate the funds as
specified herein.
4. Contributor and Johnson agree that the funds contributed herein shall be used solely for
the purpose of hiring a firm/person to guide and assist Johnson in developing and
adopting a Schematic City Master Plan (hereafter SCMP) for the City.
5. Contributor and Johnson agree that the money shall be held by Johnson is an account
specific to this process with only funds from like Contributors and the City's $5,000.00
committed to the SCMP. One of the Committee members named by City Resolution
shall be one of the signers on the account along with the Mayor or Recorder-Treasurer.
Fees charged for this account will be paid by Johnson. If there is an excess of funds over
the amount paid to the firm/person working with the City to develop and adopt the
SCMP, then said funds shall be delivered to Johnson at the end of this agreement as a
contribution to Johnson.
6. Johnson will be allowed (without approval of Contributor) to pay from this account the
amounts periodically billed by the firm/person selected to guide and assist the City in this
process during the development and adoption stages.
7. The contribution described herein shall not be returned to Contributor unless the City
fails to hire a firm/person to assist the City in this endeavor or the City, prior to the
completion of the development and adoption process, decides to abandon the
aforementioned goal of a Schematic City Master Plan.
8. If none of the events described in paragraph seven occurs then Johnson will continue to
disburse the funds upon submission of a billing or a letter requesting payment from the
firm/person assisting the City in accomplishing the goal described herein.
9. This contribution agreement will end at the earlier of the total funds being paid to the
firm/person assisting the City or upon any occurrence described in paragraph seven
herein. If there is an occurrence as described in paragraph seven then the full and
complete remaining funds in the SCMP specific account will be returned to the
Contributor (prorata, based on Contributor's initial deposit as it relates to other deposits
held by Johnson in connection with similar Contribution Agreements) after deducting all
account fees.
10. Nothing in this agreement shall be construed to impose any liability upon Johnson other
than to not withdraw the money if paragraph seven applies.
11. If Contributor is a corporation or LLC, the signature of its authorized representative
hereon warrants that the Board/Committee/Members has fully and duly approved and
authorized execution of this Agreement on behalf of the entity.
12. Johnson by execution hereof warrants that its governing body (the City Council) has
approved and authorized the parties executing this agreement to execute the same on
behalf of the City of Johnson.
13. Time is of the essence.
14. All parties to this agreement agree that this is the full and complete agreement between
the parties and any oral or written previous agreements are not binding and this is the sole
agreement of the parties. Further, all parties hereby agree that this agreement can only be
modified or amended by another duly authorized written agreement signed by all parties.

15. All parties hereby agree that this agreement will be binding on the parties hereto, their
successors and assigns.
16. All parties agree that this Agreement shall be governed by the laws of the State of
Arkansas, that venue and jurisdiction shall be in the Circuit Court of Washington County,
Arkansas.
IN WITNESS WHEREOF, the parties hereto have entered into this Contribution and
Escrow Agreement on the date and year set forth herein above in original triplicates.