City Council

Cabot City Council Meeting Ward 1 Eddie Long Kevin Davis Mayor Ken Kincade Ward 2 Doug Warner Damon Bivins Clerk~Treasurer Tammy Yocom Ward 3 Norma Naquin James Reid City Attorney Ben Hooper Ward 4 Ron Waymack Matt Webber February 3, 2020 6:30 p.m. Cabot City Annex Council Chambers "There Is No Limit To The Amount Of Good You Can Do If You Don't Care Who Gets The Credit.” ~Ronald Reagan~ This Page left Blank  CABOT CITY COUNCIL WORK SESSION February 3, 2020 @ 6:30 p.m. Cabot City Annex Council Chambers 208 North 1st Street, Cabot Arkansas 72023 Mayor Ken Kincade AGENDA 1. Call to order – Mayor Kincade 2. Opening Prayer 3. Pledge of Allegiance 4. Roll call 5. Read Ordinances & Resolutions by Title Only 6. City Council Old Business a) Ordinance No. 2 of 2020 - An Ordinance to Amend Various Sections of the Code of Cabot, Chapter 4 Animals for the City of Cabot; And for Other Purposes (2nd Reading) b) Ordinance No. 3 of 2020 – (Amended) An Ordinance to Repeal Ordinance No. 1 of 2017 and Ordinance No. 1 of 2019; Declaring an Emergency; And for Other Purposes (2nd Reading) c) Ordinance No. 4 of 2020 – An Ordinance to Repeal Ordinance No. 39 of 2019; Declaring an Emergency; And for Other Purposes (2nd Reading) d) Resolution No. 5 of 2020 – A Resolution to Organize the Governing Body of the City of Cabot, Arkansas; And for Other Purposes 7. City Council New Business a) Ordinance No. 5 of 2020 – An Ordinance to Approve an Economic Development Services Agreement with the Cabot Chamber of Commerce and to Waive Competitive Bidding; And for Other Purposes (1st Reading) 8. Community Input 9. Adjournment This Page left Blank  Ordinance No. 2 Of 2020 An Ordinance To Amend Various Sections Of The Code Of Cabot, Chapter 4 Animals For The City Of Cabot; And For Other Purposes "There Is No Limit To The Amount Of Good You Can Do, If You Don't Care Who Gets The Credit" ~Ronald Reagan 1 This Page left Blank 2 3 4 5 6 7 8  Ordinance No. 3 Of 2020 (As Amended) An Ordinance To Repeal Ordinance No. 1 Of 2017 and 1 of 2019; Declaring An Emergency; And For Other Purposes "There Is No Limit To The Amount Of Good You Can Do, If You Don't Care Who Gets The Credit" ~Ronald Reagan 9 This Page left Blank 10 11 12  Ordinance No. 4 Of 2020 An Ordinance To Repeal Ordinance No. 39 Of 2019; Declaring An Emergency; And For Other Purposes "There Is No Limit To The Amount Of Good You Can Do, If You Don't Care Who Gets The Credit" ~Ronald Reagan 13 This Page left Blank 14  ORDINANCE NO. 4 OF 2020 AN ORDINANCE TO REPEAL ORDINANCE NO. 39 OF 2019; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES WHEREAS, the City Attorney recommends that Ordinance No. 39 of2019 be repealed in its entirety. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CABOT, ARKANSAS, THAT: SECTION 1: Ordinance No. 39 of 2019 is hereby repealed, in its entirety. SECTION 2: EMERGENCY. The proper and efficient operation of the City of Cabot is of great importance to the health and welfare of its citizens. An emergency is therefore declared and this Ordinance being necessary for the preservation of the public peace, health, safety and welfare shall be in full force and effect from and after its passage. SPONSOR: APPROVED: Ken Kincade, Mayor PASSED: DATE: Ken Kincade, Mayor . DAS TO FORM: ATTEST: Tammy Yocom, City Clerk 15 16 17 18 19 20 21 22 23 24 25 This Page left Blank 26  Resolution No. 5 Of 2020 A Resolution To Organize The Governing Body Of The City Of Cabot, Arkansas; And For Other Purposes "There Is No Limit To The Amount Of Good You Can Do, If You Don't Care Who Gets The Credit" ~Ronald Reagan 27 This Page left Blank 28 29 30 31 32  Ordinance No. 5 Of 2020 An Ordinance to Approve an Economic Development Services Agreement with the Cabot Chamber of Commerce and to Waive Competitive Bidding; And for Other Purposes "There Is No Limit To The Amount Of Good You Can Do, If You Don't Care Who Gets The Credit" ~Ronald Reagan 33 This Page left Blank 34  ECONOMIC DEVELOPMENT SERVICES AGREEMENT BETWEEN THE CITY OF CABOT, ARKANSAS AND THE CABOT CHAMBER OF COMMERCE This Economic Development Services Agreement (this “Agreement”) is entered into this day of ________, 2020, between the City of Cabot, Arkansas (the “City”), and the Cabot Chamber of Commerce (the “Chamber”) pursuant to the Local Job Creation, Job Expansion, and Economic Development Act of 2017 (the “Act”), codified at Arkansas Code Annotated Sections 14-176-101 et seq., and the following terms and conditions: RECITALS WHEREAS, the Cabot City Council and the City has determined that a viable economic development program is essential to the public health, safety, and welfare of the citizens of the City through the creation of new jobs, job retention and the expansion of the City’s tax base as a result of new construction or improvements to existing real property; and WHEREAS, the City lacks both the staff and the resources to adequately pursue economic development efforts, and the Chamber is in a unique position to provide these services to the City; and WHEREAS, in order to further the public purposes described above, the Cabot City Council has determined to appropriate funds in order to compensate the Chamber for providing “economic development services” (as defined in the Act) to the City; and WHEREAS, pursuant to the Act, it is required that a formal written contract be entered into between the City and the Chamber to establish that the City is not merely making a contribution to general Chamber operations and that the City will receive unique benefits from the contractual arrangement; 35  NOW, THEREFORE, IN ACCORDANCE WITH THE TERMS, CONDITIONS, CONSIDERATION AND OTHER MATTERS SET FORTH HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. Term The term of this Agreement shall be from date of execution until December 31, 2020 [MAXIMUM ONE YEAR TERM PURSUANT TO §14-176-105(a)(3)]; provided, however, that this Agreement may thereafter be extended for subsequent terms of one (1) year each upon the approval of the City Council and acceptance by the Chamber. If any work or activities have been undertaken by the Chamber prior to the formal execution date of this Agreement, then engagement for those matters is hereby formally ratified by the City and appropriate payment to the Chamber shall be forthcoming. Either party to this Agreement may terminate this Agreement without penalty at any time upon written notice to the other. 2. Consideration Consideration for this agreement shall be as follows: (a) At the sole direction of the City Council, the City shall pay the Chamber $100,000 for its services under this agreement and that amount shall be rendered in quarterly payments. The first payment shall be made within 10 days of formal execution of this agreement by both parties. The second payment shall be made by April 1, 2020. The third payment shall be made by July 1st, 2020. The fourth payment shall be made by October 1, 2020. The Chamber shall invoice the City 10 days prior to each payment being due. (b) Each payment shall be $25,000 except for the first payment. The first payment shall be $6,403 to account for $18,597 in unused funds from the previous year’s contract. 3. Scope of Services Pursuant to this Agreement, and as consideration for the payments directed by the City 36 Council to be made by the City, the Chamber shall do the following, all of which shall be referred to as “Economic Development Services” hereinafter: (a) Provide and maintain an office for economic development, and make these facilities available to the City upon request for economic development discussions, or to conduct City business that would assist the City in retention of existing business and industry and expanding business and industry development within the City; (b) Provide a full-time, professionally qualified economic development director, who may be the President/CEO of the Chamber, and who will consult with the City on a frequent and regular basis as required to carry out the duties and functions outlined in this Agreement; (c) Work closely with the Mayor and City Council to carry out the duties and functions outlined in this Agreement; (d) Planning, marketing, and strategic advice and counsel regarding job recruitment, job development, job retention, and job expansion; (e) Maintain a visible presence as the economic development representative of the City in the community of Cabot, the State of Arkansas, and nationally and internationally; (f) Develop and secure tools for the purpose of recruiting economic development prospects, such as maps, charts, photos, tapes, brochures, reports, computers, software, access to industry and business-related databases, and other items as are necessary and required to adequately promote new and expanding business and industry within the City; (g) Receive, study and respond to all appropriate inquiries which are directly or otherwise sent to the City, the Chamber or any other relevant entity by potential businesses, site consultants and individuals who want to locate business operations within the City and are seeking information about the community, its people, governmental history, economic base, quality of life, local community and governmental services, taxes and licenses, water, sewer, natural gas, 37  electrical and other utilities, telecommunication services, transportation, waste collection, and other related data; (h) As appropriate and in cooperation with the City, welcome individuals and groups deemed by the City to be important to the City’s economic development efforts; (i) Assist in coordinating groundbreakings, civic presentations and other economic development activities involving the City and its officials; and (j) Coordinate economic development activities and announcements conducted on behalf of the City with the Mayor, City Council, appropriate department or agency directors, and other local, state and federal agencies. 4. Public Purpose The public purpose of this agreement is the creation of new jobs, job retention, and the expansion of the City’s tax base by construction or improvements to real property. 5. Specific Criteria The following are the specific criteria that shall be used to measure the Chamber’s progress towards achievement of the stated public purpose of this agreement: new businesses opened; the number of new utility hookups throughout the City, with an emphasis on commercial development; new commercial properties under construction or completed; new jobs created; the increase in sales or property tax revenue; ongoing negotiations with businesses for expansion, relocation, or other new development in the interest of the City; identifying potential incentives for new businesses and making recommendations to the City in regards to those incentives; and any other like criteria which articulates similar measures for economic growth. 6. City Has No Financial Interest in Chamber Notwithstanding any of the provisions of this Agreement, the parties mutually agree and understand that the City has no financial interest in the business of the Chamber, nor shall the 38  City be deemed or construed to be a partner, joint venture participant, or otherwise be interested in the assets, or revenues earned or derived by the Chamber. 7. Parties not to use Name or Credit of Other Party The Chamber shall not use the name or credit of the City in purchasing, or attempting to purchase, any equipment, supplies or other things or materials of any nature whatsoever. Likewise, the City shall not use the name or credit of the Chamber in purchasing, or attempting to purchase, any equipment, supplies or other things or materials of any nature whatsoever. 8. Chamber is Independent Contractor The parties agree that in the performance of its obligations set forth in this Agreement, the Chamber shall be deemed an independent contractor in every respect and shall take all steps at its own expense, and pursuant to the use of its own materials and its method of operation, on tasks requested by the City. The City does not and will not assume any responsibility for the means by which, or the manner in which, the Economic Development Services provided by the Chamber are accomplished. The Chamber is solely responsible for the method, content and sequence of performance of the work set forth in this Agreement. 9. Non-Assignment of Agreement The Chamber shall not transfer or assign, or attempt to transfer or assign, this Agreement, or the license or any of the rights or privileges granted within this Agreement, without the express written permission of the City. The City is under no obligation whatsoever to grant any permission to the transfer or assignment of this Agreement. 10. Compliance with Law The Chamber agrees that in the performance of this Agreement it shall comply with all City ordinances, and with all laws of the federal government and the State of Arkansas, including particularly the Act, and including but not limited to, bans on discrimination on the basis of race, 39  sex, color, national origin, gender or disability, and to the extent applicable, State of Arkansas or federal freedom of information laws. 11. Disclaimer Entry into this Agreement is for the delivery of Economic Development Services only pursuant to the Act, and in no way suggests that the City endorses or agrees with any position taken by the Chamber, the Arkansas State Chamber of Commerce, the United States Chamber of Commerce, or any affiliated group. 12. Quarterly Reports Not less often than quarterly, the President/CEO of the Chamber shall submit reports to the Mayor and City Council. Each report shall include a statement of the specific criteria contained in numbered paragraph 5 of this contract and an articulation of compliance as to each of those criteria. Each report shall also detail other actions the Chamber has taken to further economic development in Cabot including planning, marketing and strategic advice and counsel regarding job recruitment, development, retention and expansion, and business and economic development generally. 13. Audited Financial Statements The Chamber shall provide a comprehensive statement of financial review to the City for all Economic Development Services activity provided under this Agreement at the City’s request. 14. Recapture Provision Annually, the Chamber shall provide to the Mayor and to the Cabot City Council a written financial accounting of the use of the moneys provided to the Chamber pursuant to this Agreement, together with supporting documentation generally conforming to Arkansas Legislative Audit's requirements and detailing the Chamber’s progress toward, or achievement of, the specific criteria described herein. To the extent that criteria are not satisfied on an annual 40 basis, the City Council may, by adoption of a Resolution, formally demand the refunding of the moneys previously transferred to the Chamber upon the City Council’s decision that the reporting was insufficient and without merit or that the agreed upon progress or criteria has not been achieved in a timely manner. 15. Financial Accounts for Economic Development All funding provided by the City pursuant to this Agreement will be used for Economic Development Services as detailed herein. A separate bank account will be created by the Chamber for the receipt and disbursement of such funds. All debits and credits to such account will be strictly for Economic Development Services as described in this Agreement. 16. Non-Appropriation The Chamber recognizes that the funding provided for in this Agreement is contingent upon the appropriation of public funds by the Cabot City Council. Any money transferred to the Chamber is restricted as to each item listed in any associated appropriation, and there will be a credit to the City’s next year's budget for this Agreement for any money not spent. In the event the Chamber’s President/CEO position is vacated, the portion of the budget allocated for the payment of the salary for such position (or the portion of such salary attributable to economic development duties) shall be returned to the City for each month that the position is vacant. When the position is filled, the City shall resume the allocations for such salary to the Chamber. 17. Multiple Originals The parties agree that the original and any executed copies of this Agreement shall serve as originals of the Agreement for any evidentiary purposes in any court, administrative, or other adversarial hearing. 18. Merger The parties agree that this Agreement incorporates the full agreement of the parties, and no 41 other discussions, writings, comments, or oral, verbal, or electronic communications of any nature whatsoever are to be considered a part of, a clarification of, or an interpretation tool for, the terms set forth within the Agreement. 19. Severability The provisions of this Agreement are hereby declared to be severable and, if any of such provisions shall for any reason be held illegal or invalid, such holding shall not affect the validity of the remainder of this Agreement. 20. Authority to Execute The City agrees that the execution of this Agreement by its Mayor has been authorized by the adoption of an ordinance of the Cabot City Council. The Chamber agrees that the execution of this Agreement by its Chairman has been authorized by official action of its Board of Directors. EXECUTED this day ____ of ____________________, 2020. CITY OF CABOT, ARKANSAS CABOT CHAMBER OF COMMERCE By: By: Title: Ken Kincade, Mayor Title: Sarah Brown, Chairman 42