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City Council

Regular Meeting

Jacksonville, AR · October 6, 2016

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Minutes

CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 6, 2016 7:00 P.M. – 7:19 P.M. REGULAR CITY COUNCIL MEETING - CITY HALL - #1 MUNICIPAL DRIVE The City Council of the City of Jacksonville, Arkansas met in regular session on October 6, 2016 at the regular meeting place of the City Council. Alderman Bolden delivered the invocation and Mayor Fletcher led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Bolden, McCleary, Sansing, Traylor, Twitty, Smith, and Howard answered ROLL CALL. Mayor Fletcher also answered ROLL CALL declaring a quorum. Alderman McCleary arrived at approximately 7:01 p.m. PRESENT NINE (9), ABSENT (1). Alderman Smith was absent. Others present for the meeting were: City Attorney Robert Bamburg, Human Resource Director Jill Ross, Fire Chief Alan Laughy, Police Chief Kenny Boyd, IT Director Scott Rothlisberger, Public Works Director Jim Oakley, 911 Director Tabby Hughes, Code Enforcement Officer Charlie Jenkins, Alderman Elect Les Collins, Johnny Simpson, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Fletcher presented the minutes of the regular City Council meeting of September 15, 2016 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Howard moved, seconded by Alderman Ray that the minutes of the regular City Council meeting of 1 September 2016 be APPROVED. MOTION CARRIED. CONSENT AGENDA: WASTEWATER DEPARTMENTS: WATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: a. ORDINANCE 1558 (#18-2016) AN ORDINANCE AUTHORIZING A LEASE/PURCHASE AGREEMENT FOR UPGRADES TO THE EQUIPMENT AND SOFTWARE FOR THE 911 COMMUNICATION SYSTEM THROUGH A SHORT TERM PROMISSORY NOTE WITH SECURITY PLEDGE; PROVIDING FOR PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE NOTE; DECLARING AN EMERGENCY; AND PRESCRIBING OTHER MATTERS RELATING THERETO. 911 Director Tabby Hughes informed the City Council that this is the 911 upgrade that is performed with AT&T every five years. She noted two differences regarding the upgrade being presented, explaining that a recorder was added to this upgrade. She then further explained that the 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 6, 2016 7:00 P.M. – 7:19 P.M. present recorder is over seven years old and has needed replacing for the last few years. She pointed out that a quote for the recorder came in at $43,459.15, while AT&T quoted $37,812.00 in the contract, a savings of $5,647.15. She stated that the City has opted to finance the upgrade over five years. She added that the current yearly maintenance contract for the recorder is $9,917.00 but with the new AT&T contract the recorder maintenance will be included in the 5-year financing plan. She emphasized that they would no longer have the extra $9,917.00 in annual recorder maintenance costs. She noted that on the quote from AT&T, the monthly maintenance costs of $3,850.00 is not a new maintenance cost, explaining that they already pay monthly maintenance costs but it is reimbursed every year by the Arkansas ETS Board. She then answered that the reimbursement is for the entire maintenance amount and will continue. She then related that it is possible to receive more than the current $3,950.00 monthly amount, explaining that the amount is based on the number of wireless 911 calls that come into the Center. She stated that currently the wireless calls have been around 85% of the total number of calls. She then explained that this year they made a change to the 911 lines, saying that up until February of this year they only had two wireless 911 lines and four land lines, noting that this has now been changed to having four wireless 911 lines and two land lines. She related that now they will get credit for more 911 calls, saying that hopefully that will double the amount of reimbursement. She explained that the reimbursement is yearly and she provides the paperwork in April for the reimbursement. She then noted that Finance Director Cheryl Erkel has stated that the yearly installment would be calculated into the 2017 budget and then the four remaining years. In response to a question from Alderman Traylor, Director Hughes related that the contract is always done as a lease on an every five year basis. She explained that they will get all new 911 equipment, computers, hardware, phones, and the new recorder. She then added that it would also include the maintenance for five years on the 911 equipment and the recorder. She stated that once the contract is signed they will go ahead and install the new recorder, citing that the current recorder is barely hanging on. She then noted that they have agreed not to charge for the extra months of maintenance. She explained that the current recorder is over seven years old and they have not been able to get a maintenance contract on it for the last two years. The hourly rate for maintenance is $250.00, noting that the hard drive had to be replaced once this year and once last year. She stated that the recorder will record all the 911 phones, admin lines, the Police Department’s admin phones, and all the radio traffic for the Police and Fire Departments. In response to a question from Alderman McCleary, Director Hughes explained that the City receives a monthly payment for the 911 calls from the ETS Board so the monthly maintenance costs are taken out of that money upfront and then the remainder is given to the City. She then added that they still get a reimbursement at the end of the year for the $3,850.00 monthly amount in April when they complete the certification. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 6, 2016 7:00 P.M. – 7:19 P.M. In response to a comment from Alderman Traylor, Director Hughes explained that the reason for waiving competitive bidding is because AT&T is the company they have been with, explaining that the only other company is CenturyLink and they are not able to monitor the 911 trunks 24 hours daily as AT&T can. She then noted that if they call AT&T with an issue they will have someone on site within an hour. City Attorney Bamburg noted that AT&T currently has approximately 90% of the 911 systems in the State, adding that they do not have any competition. Alderman Traylor noted that the quote is $572,996.00; and the Ordinance quotes $626,743.20 which is not 0.01823% interest. City Attorney Bamburg clarified that part of the difference is the small amount of interest that AT&T is assessing, and the other part is the maintenance contract that the City will not have to pay because we are receiving reimbursement, but because of the way that waiving competitive bidding laws provide, we have to cover the maximum that will be spent under this line item. He went on to say that from what Finance Director Erkel and Director Hughes explained to him; we will not spend up to that amount but we have to account for it through this process so that if we end up paying and then reimbursed the total maximum does not exceed that amount. Alderman Traylor confirmed that the monthly amount of $10,445.72 would still be paid monthly for 60 months. Director Hughes related that the City would get reimbursed from the ETS Board. Alderman Traylor stated that it comes out to be around 3.5% interest. City Attorney Bamburg confirmed that 0.01823% is what was in the contract. Alderman Elliott moved, seconded by Alderman Bolden that Ordinance 1558 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1558. Alderman Bolden moved, seconded by Alderman Twitty to APPROVE Ordinance 1558 on FIRST READING and suspend the rules and place Ordinance 1558 on SECOND READING. ROLL CALL: Alderman Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1558. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 6, 2016 7:00 P.M. – 7:19 P.M. Alderman Ray moved, seconded by Alderman Bolden to further suspend the rules and place Ordinance 1558 on THIRD AND FINAL READING. City Attorney Bamburg confirmed for Alderman Traylor that the wording of “useful life of more than One (1) year” is the correct verbiage even though it is a five-year lease. ROLL CALL: Alderman Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1558. Alderman Ray moved, seconded by Alderman McCleary that Ordinance 1558 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Ray moved, seconded by Alderman Bolden that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Alderman Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE 1558 (#19-2016) APPROVED AND ADOPTED THIS 6th DAY OF OCTOBER, 2016. b. ORDINANCE 1559 (#19-2016) AN ORDINANCE FOR THE PURPOSE OF LEVYING ONE (1) MILL, ONE (1) MILL, AND ONE (1) MILL AGAINST ALL PERSONAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF JACKSONVILLE, ARKANSAS; FOR THE PURPOSE OF LEVYING ONE (1) MILL, ONE (1) MILL, AND ONE (1) MILL AGAINST ALL REAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF JACKSONVILLE, ARKANSAS; FOR THE PURPOSE OF EFFECTING CERTIFICATION TO THE COUNTY CLERK OF PULASKI COUNTY OF THE TAX LEVIED; AND, FOR OTHER PURPOSES. Alderman Bolden moved, seconded by Alderman Ray that Ordinance 1559 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1559. Alderman Ray moved, seconded by Alderman Elliott to APPROVE Ordinance 1559 on FIRST READING and suspend the rules and place Ordinance 1559 on SECOND READING. ROLL CALL: Alderman Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1559. Alderman Ray moved, seconded by Alderman Sansing to further suspend the rules and place Ordinance 1559 on THIRD AND FINAL READING. ROLL CALL: Alderman Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 6, 2016 7:00 P.M. – 7:19 P.M. Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1559. Alderman Bolden moved, seconded by Alderman Ray that Ordinance 1559 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE 1559 (#20-2016) APPROVED AND ADOPTED THIS 6th DAY OF OCTOBER, 2016. APPOINTMENTS: ANNOUNCMENTS: Registration for Municipal League Winter’s Conference January 11th through the 13th has begun. Jacksonville Senior Wellness & Activity Center Annual “Beans and Cornbread” Fundraiser will be held October 19th from 11:00 a.m. to 1:00 p.m. Jacksonville Police Department will be participating in the National Coffee with a Cop tomorrow morning 6:30 a.m. to 7:30 a.m. the Public Safety Building’s FEMA room. ADJOURNMENT: Without objection, Mayor Fletcher adjourned the meeting at approximately 7:19 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer 5

Agenda

City Council of Jacksonville, Arkansas AGENDA Regular City Council Meeting October 6, 2016 7:00 p.m. 1. OPENING PRAYER: PAGE 2. ROLL CALL: 3. PRESENTATION OF Regular City Council Meeting MINUTES: September 15,2016 1-5 4. APPROVALSANDIOR Regular City Council Meeting CORRECI-ION OF MINUTES: September 1,2016 5. CONSENT AGENDA: 6. WATER DEPARTMENT: 7. WASTEWATER DEPARTMENT: 8. FIRE DEPARTMENT: 9. POLICE DEPARTMENT: 10. STREET DEPARTMENT: 11. SANITATION DEPARTMENT: 12. PARKS & REC. DEPT: 13. PLANNING COMMISSION: 14. GENERAL: a. ORDINANCE 1558 (#I 8-2016) Authorizing a leaselpurchase agreement for upgrades to the equipment and software for the 91 1 communication system (Mayor Fletcher) 6-19 b. ORDINANCE 1559 (#I 9-2016) Annual Millage for 2017 (Mayor Fletcher) 15. APPOINTMENTS: 16. ANNOUNCEMENTS: Jacksonville Senior Wellness & Activity Center Annual "Beans and Cornbread" Fundraiser October lgthI1100 a.m. to 1:00 p.m. ADJOURNMENT CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 15, 2016 7:00 P.M. - 7:17 P.M. REGULAR CITY COUNCIL MEETING - CITY HALL - #1 MUNICIPAL DRIVE The City Council of the City of Jacksonville, Arkansas met in regular session on September 15, 2016 at the regular meeting place of the City Council. Mayor Fletcher delivered the invocation and led a standing audience in the "Pledge of Allegiance" to the flag. ROLL CALL: Aldermen: Elliott, McCleary, Sansing, Ray, Mashburn, Traylor, and Twitty, and Smith answered ROLL CALL. Mayor Fletcher also answered ROLL CALL declaring a quorum. PRESENT EIGHT (8), ABSENT (2). Aldermen Bolden and Howard were absent. Others present for the meeting were: City Attorney Robert Bamburg, Director of Administration Jim Durham, Human Resource Director Jill Ross, Finance Director Cheryl Erkel, Public Works Director Jim Oakley, City Engineer Jay Whisker, 911 Director Tabby Hughes, Fire Chief Alan Laughy, CDBG Director Theresa Watson, IT Director Scott Rothlisberger, Les Collins, Johnny Simpson, Glenda Fletcher, John Tombs, Code Enforcement Officer Charlie Jenkins, Water Department Manager Jake Short interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Fletcher presented the minutes of the regular City Council meeting of September 1, 2016 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Ray moved, seconded by Alderman Twitty that the minutes of the regular City Council meeting of 4 August 2016 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Ray moved, seconded by Alderman Sansing to approve the Regular Monthly Report for August 2016 regarding annual crime statistical comparisons. Code Enforcement for August 2016 Assigned Calls 167 Self-Initiated Calls 710 Follow ups 606 Basketball Goals 7 Meetings/Court Hearings 12 Structures Inspected 0 Warnings Issued 124 Rental Properties Inspected 1 Notices/Letters Written 98 Properties Red Tagged 0 Vehicles Tagged 5 Search Warrants Served 0 Vehicles Towed 0 Structures Rehabbed 0 Lots posted 92 Structures Condemned 0 Signs removed 83 Houses Demolished by City 1 Trash cans tagged 6 Houses Demolished by Owner 1 Parking Violations 55 Tickets Issued 1 Grass Letters 68 Grass Mowed 84 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 15, 2016 7:00 P.M. - 7:17 P.M. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Ray moved, seconded by Alderman Sansing to approve the regular monthly report for August 2016 from the Jacksonville Fire Department, reflecting a fire loss of $89,500.00 and a savings total of $687,500.00. REGULAR MONTHLY REPORT/ENGINEERING DEPARTMENT Alderman Ray moved, seconded by Alderman Sansing to approve the regular monthly report for August 2016. PERMITS/LICENSE ISSUED INSPECTIONS PERFORMED Building Permits 14 Building Inspections 42 Business Licenses 10 Electrical 43 Plumbing 25 HVACR 22 REGULAR MONTH REPORT/ANIMAL CONTROL Alderman Ray moved, seconded by Alderman Sansing to approve the regular monthly report for August 2016. ADOPTION FEEs/FINES $1,590.00 CONTRIBUTIONS 0.00 TOTALS $1,590.00 ROLL CALL: Aldermen: Elliott, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, and Smith voted AYE. MOTION CARRIED. WASTEWATER DEPARTMENTS: WATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT : SANITATION DEPARTMENT : PARKS C RECREATION: UPDATE FestiVille Report Parks and Recreation Commission Chairman John Tombs related that FestiVille is scheduled for September 3oth through October lSt. He stated that the activities are a 5K run, volleyball tournament, two-day carnival, a rock wall, kid's area, petting zoo, pony rides, car show, hot-air balloons, dunking booth, bingo, bean bag baseball, and a movie on Friday night. He then related that entertainment will consist of two stages featuring paid and local groups. He stated that the paid acts are American Lions, Down & Dirty, Casual Pleasures, Six Ways from Sunday, Lightening H and the Drifters, Katy J, Stays in Vegas, The Rowdy, and Torch the Beast. He noted that they are still accepting local talent for the second stage. He then listed the food vendors, adding that the costs for vendors is $50.00 for non-profits and $100.00 for commercial. He related that vendors have until 2:00 p.m. on September 3oth to register. He stated that currently they need more vendors, sponsors and teams for Grill in the Ville BBQ Contest. Sponsorships start at $250.00. He then answered that local talent will consists of churches, non-profits, and some dance groups. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 15, 2016 7:00 P.M. - 7:17 P.M. PLANNING COMMISSION: GENERAL: a. ORDINANCE 1557 (#17-2016) AN ORDINANCE AUTHORIZING DISSOLUTION OF THE NORTH PULASKI WATERWORKS PUBLIC FACILITIES BOARD; REVOKING JMC 13.10; AND, FOR OTHER PURPOSES. Alderman Ray moved, seconded by Alderman McCleary that Ordinance 1557 be placed on FIRST READING. City Attorney Bamburg stated that Ordinance 1557 is a formality, explaining that approximately 15 years ago the City assisted North Pulaski Waterworks because State statute required that assistance when they formulated their public facilities board in the development of that utility. He related that since then the law has changed and there are enhancements they can gain when they switch over to a local water authority. He pointed out that the only authority the City has had is to approve their Board appointments, explaining that since the City Council had the authority to create the Board it also has to dissolve the Board. He related that they have now changed their name to Mid Arkansas Utilities, pointing out that their district boarders the City of Jacksonville district. He then noted that some of the same people have been on the Board since inception. He explained that when they created their water alliance and authority, they now qualify for grants and other circumstance in that capacity, that they could not do as a public facilities board. He related that this is the last step that they need to have done to formerly close out the Public Facilities Board. ROLL CALL: Alderman Elliott, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, and Smith voted AYE. NAY ( 0 ) . MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1557. Alderman Ray moved, seconded by Alderman Sansing to APPROVE Ordinance 1557 on FIRST READING and suspend the rules and place Ordinance 1557 on SECOND READING. ROLL CALL: Alderman Elliott, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, and Smith voted AYE. NAY ( 0 ) . MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1557. Alderman Ray moved, seconded by Alderman McCleary to further suspend the rules and place Ordinance 1557 on THIRD and FINAL READING. City Attorney Bamburg confirmed for Alderman Traylor that the City of Jacksonville is not indebted or is not an outstanding creditor of the newly formed Mid Arkansas Utilities. ROLL CALL: Alderman Elliott, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, and Smith voted AYE. NAY ( 0 ) . MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1557. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 15, 2016 7:00 P.M. - 7:17 P.M. Alderman Ray moved, seconded by Alderman McCleary that Ordinance 1557 (#17-2016) be APPROVED and ADOPTED. ROLL CALL: Alderman Elliott, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, and Smith voted AYE. NAY (0). MOTION CARRIED. ORDINANCE 1557 (#17-2016) APPROVED AND ADOPTED THIS isth DAY OF SEPTEMBER, 2016. b. RESOLUTION 743 (#9-2016) A RESOLUTION AUTHORIZING DESTRUCTION OF SPECIFIED CITY DEPARTMENTAL RECORDS; AND, FOR OTHER PURPOSES. Alderman Ray moved, seconded by Alderman Twitty to Read Resolution 743 (#9-2016). MOTION CARRIED. Whereupon City Attorney Barnburg read the heading of Resolution 743 (#9-2016). Alderman Ray moved, seconded by Alderman Elliott to Approve Resolution 743 (#9-2016). MOTION CARRIED. APPOINTMENTS: ANNOUNCMENTS : Mayor Fletcher announced that the 2016 Arkansas Military Expo Little Rock Air Force Base will be held September 1 7 ~ ~ 10:OO a.m. to 3:00 p.m. Alderman Smith announced that volunteers are needed for AR Kids Read tutoring program. She stated that they need approximately 20 volunteers for the elementary schools grades 1-3 to connect one-on-one. She related that it would be for one hour per week for two children, 30 minutes each. Alderman Mashburn related that the Jacksonville Historic District has the opportunity to purchase the building at 120 North First Street formerly known as Jim's Pawn Shop. She explained that the price is $10,000.00, which is a good deal, adding that she would love to see it developed as a City museum. She noted that it would complement the tourist attractions in that part of Jacksonville. She asked for volunteers and donations, expressing the appreciation of herself and the Historic District for any help received. Discussion ensued regarding the building at 120 North First Street, Mayor Fletcher noted that the first business in that location was a mercantile store that opened around 1917. Mayor Fletcher stated that North First Street was the original "downtown" Jacksonville. He pointed out that Jacksonville does not have many of the older areas or buildings that you find in some of the surrounding cities. He encouraged participation, saying that it was a shame that the train depot was not preserved. He then noted that the building at 120 North First would need a new roof, which would not be cheap. He stated that the building is worth preserving, adding that any donations would be appreciated. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 15, 2016 7:00 P.M. - 7:17 P.M. Fire Chief Laughy announced that the newly purchased ladder and pumper trucks are parked outside for the City Council to view following the meeting. Mayor Fletcher noted that they are among some of the most beautiful fire trucks, confirming with Chief Laughy that he had requested they be used in the Fire Calendar publication. ADJOURNMENT : Without objection , Mayor Fletcher adjourned the meeting at approximately 7:17 p.m. MOTION CARRIED. Respectfully, Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer ORDINANCE NO. 1558 (#It?-2016) AN ORDINANCE AUTHORIZING A LEASE/PURCHASE AGREEMENT FOR UPGRADES TO THEEQUIPMENTANDSO/TWAREFOR THE911 COMMUNICX TION SYSTEM THROUGH A SHORT TERM PROMISSORY NOTE WITH SECURITY PLEDGE; PROVIDING FOR PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE NOTE; DECLARING AN EMERGENCY; AND, PRESCRIBING OTHER MA r E R S RELA TING THERETO. Whereas, the City Council of the City of Jacksonville, Arkansas (the "City"), determined it was in the best interest of its citizens to install a digital 911 communication system for our Public Safety Divisions; Whereas,said Capital Improvement purchase is in need of upgrades to the equipment and software, new Call Handling equipment/bundles, including a RevCord Digital Recorder for the telephone and radio communications conducted by the City's Public Safety Divisions (911, Fire, & Police), as well as improved maintenance service contract. I n conjunction with budget constraints and the additional costs, said amounts will allow the City to provide for the purchase and service of all such equipment within budgetary provisions anticipated over the next Five (5) years; Whereas, Airbus DS Communications, VESTA 911, a subsidiary of AT&T, in conjunction with AT&T, the providing manufacturer of the digital equipment installed and provider of qualified service agents, provided a competitive rate for the updated Airbus Vesta 911 Call Handling Hardware, upgraded software, installation, training, and associated maintenance costs. A competitive bidding process would be costly, counter-productive to the City Emergency Response operations, and will allow the City to complete payment of the Lease/P~.~rchase Agreement and maintain proper cash flow for continued operation of the City; and, Whereas, the City Co~lncil hereby finds and determines, in accordance with information confirmed by the Mayor and Finance Director, that the obligations previously issued under Amendment 78, together with the amount provided for herein, does not exceed Five Percent (5%) of the assessed value of taxable property located within the City as determined by the last tax assessment. NOW, THEREFORE BE I T ORDAINED BY THE CITY COUNCIL OF THE CITY OFJACKSONWLLE,ARMNSAS, THAT2 SECTION ONE. Competitive bidding for purchase and maintenance of a Medium Server Bl~ndleupgrade of our 911 Call Handling Equipment and software updates as outlined on the attached would be costly and non-productive, making said competitive bidding unfeasible and impractical. Competitive bidding is hereby waived, pursuant to ACA 514-58-383, to authorize contracting for the purchase and maintenance of a Medium Server Bundle of 911 Call Handling Equipment as outlined on the attached by the 911 Communications Center. Authorization is hereby given to the Mayor and/or his authorized ORDINANCE NO. 1558 (#18-2016) Page Two representative@) to enter into contract with AT&T, Inc. for said equipment and software upgrades and maintenance service, all for a total cost not to exceed Six Hundred Twenty-six Thousand Seven Hundred Forty-three and 20/100 Dollars ($626,743.20), which will include applicable tax. It should be noted that portions of the maintenance costs will be reimbursedlpaid through the Arkansas Emergency Telephone Systems (AETS) program for 911 Centers received by the City due to our participation in the statewide digital 911 system. SECZION W O . The City Council hereby finds that the needed upgrades and improvements to the Call Handling Eq~.~ipment/Hardware/Software Bundle for the City's 911 Communication System will have a useful life of more than One (1) year and that the principal amount of the accompanying Promissory Note, plus all other obligations heretofore incurred by City under Amendment No. 78 to the Arkansas Constitution ("Amendment No. 78") and ACA fj14-78-101et. seq., does not exceed Five Percent (5%) of the assessed value of taxable property located within the City as determined by the last tax assessment. SECTION THREE. Under the authority of the Constitution and laws of the State of Arkansas (the "State"), including, Amendment No. 78, the Mayor and City Clerk are hereby authorized to execute and deliver, by and on behalf of City, a Promissory Note with Security Interest in favor of AT&T in an amount not to exceed Six Hundred Twenty-six Thousand Seven Hundred Forty-three and 201100 Dollars ($626,743.20) for the purpose of financing the UpgradeIMaintenance Contract of the City's digital 911 Communication System Medium Server Bundle hardware and software and digital recording system as outlined on the attached documents. The Note shall be dated within Sixty (60) days of the date of enactment of this Ordinance and shall be issuable or~lyas a fully registered Note without coupons. The Note shall evidence a multiple advance, closed-end line of credit not to exceed Six Hundred Twenty-six Thousand Seven Hundred Forty-three and 201100 Dollars ($626,743.20), and the outstanding principal balance of the Note shall bear interest at the fixed interest rate of Zero and 1823/100000 Percent (0.01823%). The Note shall mature and be payable in full on or about December 1, 2022, which is no more than Sixty (60) months from the issuance date of the Note (the "Mati~rityDate"). Payments on the Note shall be as follows: Sixty (60) equal monthly installments of principal and interest at the rate of Ten Thousand Four Hundred Forty-five and 72/100 Dollars ($10,445.72) shall be due and payable on the same day of each successive month thereafter equal to that amount, which will fully and completely amortize the outstanding principal balance of the Note from the date of the interest payment to the Maturity Date of the Note. The Note is due in full upon the Maturity Date and, in no manner, does this Ordinance authorize debt of this PI-~rchaseto exceed Six Hundred Twenty-six Thousand Seven Hundred Forty-three and 20/100 Dollars ($626,743.20) for the purpose of acquisition, installation, and maintenance of said Capital Improvement. As security for the performance of the obligations of City pursuant to the Amended Note, there is authorized the execution by the Mayor and City Clerk and delivery of a Security Interest Paragraph granting unto and in favor of AT&T (as Secured Party) a lien upon the 911 Digital Communication Equipment Medium Service Bundle Upgrade involved in the PurchaseJMaintenance Contract. Lender is authorized to file One (1) or more financing ORDINANCE NO. 1558 (#la-2016) Page Three statements to perfect the lien granted by the Security Agreement. As well, the Mayor and City Clerk are hereby authorized to execute and deliver, by and on behalf of City, any and all other documents or instruments which may be reasonably requested by AT&T to finalize the transactions contemplated by this Ordinance. SECTION FOUR, -The Note shall be in such form as shall be approved by the Lender and the Mayor and City Clerk. As provided in Amendment No. 78, the debt service payments on the Note in each fiscal year shall be charged against and paid from General Revenues of City for such fiscal year. For the purpose of making the debt service payments, there is hereby and shall be appropriated to pay the Note an amount of General Revenues of the City sufficient for such purposes in each fiscal year of City. City covenants that for each fiscal year in which the Note is outstanding, General Revenues of City shall exceed the amount of debt service payments due on the Note in that fiscal year. SECTION FIVE. City has its financial statements audited annually by an independent auditor in compliance with the State of Arkansas requirements. While this Note is outstanding, a copy of said Audit Report shall be furnished to AT&T upon request. SECTION SIX. City agrees to prepare and adopt a Budget for each fiscal year in accordance with Arkansas law and to furnish AT&T a copy of the same by January 3lSt of each year, or within Thirty (30) days of adoption thereof, while the Note is outstanding. Each budget shall make provision for the payment of debt service due on the Note in that fiscal year. SECTION SEVEN. I f there be any default in the payment of the principal of or interest on the Amended Note(s) or in the performance of any of the other covenants contained in this Ordinance, Lender may, in addition to any other remedies available to AT&TI by proper suit, compel the performance of the duties of the officials of City under the laws of Arkansas. No remedy conferred upon or reserved to Lender is intended to be exclusive of any other remedy or remedies, and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Ordinance or by law. AT&T may waive any default which shall have been remedied before the entry of final judgment or decree in any suit, action or proceeding instituted under the provisions of this Ordinance or before the completion of the enforcement of any other remedy, but no such waiver shall extend to or affect any other existing or any subsequent default or defaults or impair any rights or remedies of AT&T with respect thereto. No delay or omission of AT&T to exercise any right or power accrued upon any default shall impair any such right of power or shall be construed to be a waiver of any such default or an acquiescence therein; and every power and remedy given by this Ordinance to AT&T may be exercised from time to time and as often as may be deemed expedient. I n any proceeding to enforce the provisions of this Ordinance, AT&T shall be entitled to recover from City all costs of such proceeding, including reasonable attorneys' fees. ORDINANCE NO. 1558 (#la-2016) Page Four SECTION EIGHT. The terms of this Ordinance, the IVote, and the Security Agreement shall constitute a contract between City and AT&T, Inc., and no variation or change in the undertaking herein set forth shall be made while the Note is outstanding, except as may be agreed in writing as between City and AT&T, Inc. SECTION NINE. City covenants that it shall not take any action or suffer or permit any action to be taken or conditions to exist which causes or may cause the interest payable on the Note to be included in gross income for federal income tax purposes, including, without limitation, any action in violation of the applicable provisions of the Internal Revenue Code of 1986, and the Regulations thereunder. City representsthat it has not used or permitted the use of, and covenants that it will not use or permit the use of the Capital Improvements or the proceeds of the Note, in such manner as to cause the Amended Note to be "private activity bonds" within the meaning of Section 141 of the Code. The Amended Note is hereby designated as a 'qualified tax-exempt obligation" within the meaning of Section 265(b)(3)(B) of the Code. City covenants that it will SI-~bmit to the Secretary of the Treasury of the United States, not later than the Fifteenth (15'" day of the Second (2") calendar month after the close of the calendar quarter in which the Amended Note is issued, a statement as required by Section 149(e) of the Code. SECTION TEN, City does not reasonably anticipate that more than Ten Million Dollars ($10,000,000.00) of "quali,fied tax-exempt obligations," as that term is defined in Section 265(b)(3)(D) of the Internal Revenue Code of 1986 ("the Code1'), will be issued by it and any subordinate, superior, or affiliated entities during the calendar year in which the Agreement is executed. City further hereby designates the obligation evidenced by the Agreement as comprising a portion of the Ten Million Dollars ($10,000,00.00) in aggregate issues to be designated as "qualified tax exempt obligations" eligible for the exemption contained in Section 265(b)(3)(D) of the Code. SECTION ELEVEN. The provisions of this Ordinance are hereby declared to be separable and if any provision shall for any reason be held illegal or invalid, such holding shall not affect the validity of the remainder of this Ordinance. SECTION W E L VE, All Ordinances and Resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. SECTION THIRTEEN. This Ordinance, because of the irr~mediate need to continue constr~~ction of the Capital Improvements addressed herein for public safety and financial savings, requires that an emergency is hereby declared. As a result, this Ordinance shall take effect immediately upon passage and publication, as provided by and subject to the requirements of applicable law. ORDINANCE NO. 1558 (#18-2016) Page Five APPROVED AND ADOPTED THIS DA Y OF OCirOBER, 2016. CITY OFJACKSONVILLE, ARKANSAS B ' GARY FLET%HER, MA YOR SUSAN L. DA VITr, CITY CLERK APPROVED AS TO FORM= ROBERT E. BAMBURG, CITY A TTORNEY Quote Date: 511112016 AIRBUS DS Communications I home of VESTAm Jacksonville 911 VESTAB 9-1-1 @ DEFENSE AIRBUS & PACE Quote Summary No*d Pos m)il Jacksonv~lle91 1 VESTA 91 1 Call Handling Equipment . . . 7 $293,684.00 I AT&T Installation 7 $10.500.00 1 1 Annual Payment option (5 Annual payments through AT&T Capital Services) Additional Comments Quote i s valid for 120 days from the original Quote Date or until Software Support expires, whichever comes first. Subsequent revisions are valid for 120 days from the original quote date. Note: Cassidian Communications, became Airbus DS Communicationseffective August 1, 2014. All references to Cassidian Communicationswithin this quote, will apply to Airbus DS Communications. Any line items listed as "Optional" in this quote are not included in the Product Totals, Product Summaries, Quotation Summary, or the Total Quoted Price. These items are not considered to be part of the system. The "Total Quoted Price" on the Quotation Summary page reflects the quote value. This figure includes any and all applicable charges, fees, and or discounts. Costs for actual frelght will be added to your invoice. All pricing is in U.S. Dollars unless otherwise stated. No order based on this Quote shall be accepted in the absence of a signed master purchase agreement or other purchase agreement with Airbus DS Communications governing the terms of sale. Strateaic Incentives. Discounts, etc. Any strategic incentives, discounts, etc. that are applied to this quote are based on the purchase of all non-optional items listed within the quote. If the quote should change or if items are removed, the incentive is subject to change. Budaetaw Quotes: Quotes marked Budgetary are nonbinding and subject to change. This quote is being provided as an estimate Of approximate pricing~andcannot serve as-the basisfor any order. Sup~ortRenewals: Note: If this is a first time renewal and is subject to the agreed upon grace period, then reinstatement fees will not apply as long as the PO is received prior to the expiration of the grace period. For questions regarding your support renewal term, please contact Jennifer York at 951-719-2142. Lead Time: 4 - 12 Weeks ARO on all Airbus DS Communications standard products. 8 - 12 weeks for ORION ARIES. Issued by: Airbus DS Communications, formerly known as Cassidian Communications. Quote Date: 5/1112016 AIRBUS DS Communications I home of VESTAm Jacksonville 91I AIRBUS 2 870899-0104R6.0 VESTA 9-1-1 UDlM 1 873099-03002 R4 CAD INTF KIT 1 870891-66101 R4 CAD INTFC LIC ONLY 1 04000-01583 BLKBX TL158A-R4 DATACAST 1 04000-0101 0 CBL DB25MIDB25M 1OFT VM Medium Server Bundle Note: The Medium Server Bundle is for PSAP's up to 40 positions with an annual call volume of 500,000 or less. 1 853031-DLSVRSG-2 V-DL MED SVR BNDL SNGL 2 06500-00201 2-POST RELAY RACK MNT KIT 2 04000-68009 V-SVR BASIC SPT 5YR VESTA@ 9-1-1 Licenses VESTA@ 9- 1-1 Basic Operations Note: Suppon must be current for no charge license to apply 7 PS-OSQ-VSML-M VS BSC MLTP SEAT LIC NFEE 7 PS-OAC-VSSL-M VESTA COMP REG 7 SS-OSQ-VSSL-5Y SPT VS BSC 5YR 7 809800-35130 R4 SW SPT TRNSFR Note: Contract 92760, 100367 VESTA@ Workstation Equipment 7 61 000-409605SFF WKST HP 2230 SFF / E: 7 65000-47001 222012230 SFF TWR STAND Monitors Cusiomer to provide 2 4 monitors with KVM DVI 4-PORT SWITCH CBL DVI KVM EXT KIT SAM EXT SPKR KIT CBL PATCH 15FT R4 SAM HDWR KIT HNDST K 4WIMOD BLK CARBON HDST CORD 12FT 4W MOD BLK CBL SAM JKBX 15FT R4 IWS CFG R4 IWS STG FEE CPRISYSPREP DVD IMAGE VESTA@ 9-1-1 Modules VESTA@ 9- 1-1 IRR Module R4 IRR UPGD WIHASP R4 IRR SW SPT 5YR R4 SW SPT TRNSFR Note: Contract 92761 VESTA@ 9-1-1 Activity Vlew R4 ACT VlEW LIC PER ST R4 ACTlV VlEW SYS LIC R4 ACT VlEW SW SPT 5YR AIRBUS VESTAC9 9-1-1 CDR Module R4 CDR SVR LIC UPGD R4 CDR SVR LIC R4 CDR PER SEAT LIC UPGD PRNTR USBIETHERNET BNV LJ Note: Laserjet Black and White printer. Recommended monthly volume, 250 to 1,500 Pages CBL USB SHLD MIM IOFT Network Equipment Note: AT& T to provide Firewall. Peripherals & Gateways MED IOOOB CHASSIS BNDL SW SPT M I 000 GATEWAY 5YR MED 1000 FXO-LS BNDL MED 1000 FXO-LSIGS BNDL Note: Ground Start can not combined with FXS bundle. MED 1000 FXS BNDL Rack & Peripheral Equipment 7FT EQUIPMENT RACK 191N MNTR NEC 171N KVM 4-PORT SWITCH CBL KVM USB CONSOLE CBL KVM USB 1OFT BRKT 191N RACK MTGlARBlT Time Synchronization Equipment NETCLOCK 9483 +OCX0+3PORT GPSIGNSS OUTDOOR ANTENNA GPS ANTENNA POST MT KIT GPS ANTENNA SURG PROTECTR CBL GPS ANTENNA 25FT CBL GPS ANTENNA 200FT 1 873399-00102.4 V-ANLM 2.4 ~ C I M E D 873391-00501 V-ANLYT STD LIC 873391 -00301 V-ANLYT USER LIC 04000-00339 SOL 2008R2 CAL RUN ENT PA-MSG-ASSL V-ANLYT STD PER SEAT LIC SA-MSG-ALSL-5Y SPT V-ANLM STD 5YR VESTATMAnalytics Standard Server ~ ~ u i ~ mforeni - Virtuallzed Sen& Bundle M L ~ ~ O / andG ~ DL380109 Note: Additional Hardware to be installed in DDS-B Server. 1 BA-MOO-ASAO-3 V-ANLYT STD ADD-ON I 1 1873391-01801 V-ANLYT ORVUMS INTGILIC I I Jacksonville 91I VESTAm Locate PA-OSG-OVOO ORVL MEDIDOC ADD:ON ORVL LIC ADD-ON SPT ORION VELA 5YR Monitors Note: Locate to Share 24" workstation monitors with DVI Provided by Customer. - Map Build and Centerline Reports VESTAT. ~ o c a t e 861390-00101 ORVL MAP BUILD-STD 861363-00101 ORVL MAP-RPT CTRLN Note: lncludes (2) VEST^ 9- 1- 1 Servers. Non-HP items are not covered under the HP server & workstation uplift warranties. Covered HP items must be physically installed in the HP server or workstation. WARR 24x7 DL380G9 5YR Note: Upgrade & upliff from 3 yr warranty 9x5 NBD to 5 yrs, 24x7 response time. I I Workstation Extended Warranty Note: lncludes (7) Workstations, (1) Management Console. Non-HP items are not covered under the HP server & workstation uplift warranties. Covered HP items must be physically installed in the HP server or workstation. WARR 24x7 22201230 WKST 5YR Note: Warranty upgrade from 3 yrs warranty 9x5 NBD to 5 yrs 2 4 ~ 7 . 4hour response. WARR 24x7 ELITEDSK 5YR Note: Warranty upgrade from 3 yrs warranty 9x5 NBD to 5 yrs 24x7, 4 hour response. Airbus DS Communications Services Training Note: Training is provided at the customer site using the customer owned equipment. Prices are per student unless otherwise indicated. Minimum number of students is 6 and maximum number of students is 8 per class and 2 students per position. V9-1-1 AGENT TRNG Note: V E S T M /Sentinel 4/X Agent bundle includes (1) 1/2 day class of Agent training for up to 8 students. lncludes trainer's daily training expenses and travel. VESTAB /Sentinel 4.X Agent training does not include training on the SIP phones. SIP phone training is a separate class and can be quoted upon request. V9-1-1 ADMlN TRNG --- - Jacksonvill AIRBUS Note: V E S T M /Sentinel 4/X Admin bundle includes (1) 1 1/2 day class of Admin training for up to 8 students. lncludes trainer's daily training expenses and travel. VSENT 4.X ACT-VIEW TRNG Note: VESTAB 9- 1-1 Activity View bundle includes (1) 1/2 day class of Admin training for up to 8 students. lncludes trainer's daily training expenses and travel. V-ANLYT ADMlN TRNG Note: VESTA" Analytics Admin bundle includes (1) 1 day class of Admin training for up to 8 students. lncludes trainer's daily training expenses and travel. ORVL AGENT TRNG Note: VESTATMLocate Agent bundle includes ( I ) 1/2 day class of Admin training for up to 8 students. lncludes trainer's daily training expenses and travel. ORVL ADMlN TRNG Note: VESTATMLocate Admin bundle includes (1) 3 day class of Admin training for up to 8 students. lncludes trainer's daily training expenses and travel. Cutover Coaching 1 000001 -08538 CUTOVER COACHING Note: Cutover Coaching includes (1) 8 hour session within a 24 hour day. lncludes trainer's daily training expenses and travel. Quote Summary PRODUCT tOt.InL VESTAB 9-1-1 $198.631.00 VESTA" Analytics VESTATM Locate Extended Warranties Airbus DS Communications Sewices Power Draw Information I Product VESTAB 9-1-1 VESTATM Analytics TbWrrAmps 38.19 1 VESTATYLocate Total Amps Total WattslVA Total KVA Configuration Notes VESTA Pallas 2.7SP1 with VIRR,MapStar5.3,MaglC 4.0, (7) positions, Migrating to VESTA 9-1-1 R6, (7) position, Analytics Standard 2.4, VESTA Locate 3.0, SMS Optional. - wa tat Jacksonville Police Department VOICE PRODUCTS INC. 1400 Marshall Rd. I Jacksonville, AR 72076 Web-Based Browser Interface May 11,2016 Up to 128 Analog and/or Digital Channels and VolP Channels Combine Analog, Digital and VolP in Same Chassis Range of Assignable Rights by Individuals or Groups Up t o 150,000 Hours of Online Archiving with RAlDl and Dual Power Supplies n REVCORD RmolucloolzIn~Uoi~ Rwordlnl Backup Options Include DVD-RAM, USB HD or NAS Advanced Search by ANI/ALI, Caller ID, Dialed Number or Call Tagging Call Commenting Search and Notation for Reference Recall Last Recording in Less Than Two Seconds Multi-Channel Simultaneous Playback & Graphic Display Auto Burn Multiple Recording in .WAV or .WMA t o CD Use Revcord's Media Play with Encrypted Recordings Live Monitoring by Multiple Users Simultaneously Statistical Analysis and Reporting in Excel or Graph Format Remote System Monitoring and Warning Notification by E-mail Quality Assurance Evaluation of Calls and Scenario Recreation Included at No Additional Cost Radio Decoding for Motorola Signaling - Provides Radio Metadata Revcord Rackmount Chassis Voice Loeeine Svstem 64 Channels 140 Analoe and 24 Dieitall 1 MCS Rackmount Mission Critical Chassis with RAlDl and Dual Power Suonlv - 1 I I 1 REV-WARR-HW I 1 lone (1) . . Year Hardware Warrantv REV-WARR-SW 1 One (1) Year Software Warranty CHAN-MDC12 1 MDC 1200 Decoding Software (Motorola Sianalina) - Radio ID VOICE PRODUCTS INC. ,,, Jacksonville Police Department 'Vw 1400 Marshall Rd. I Jacksonville, AR 72076 n REVCORD \_/ Rsvolunonlrin~Volc. R ~ o r d l n . May 11,2016 AT&T Capital Services, Inc. 2000 W ATBT Center Drive Hoffman Estates, IL 60192 Paul Wilkins 972-562-5981 PW3521@att.com City of Jacksonville Arkansas August 12.2016 1 Municipal Drive Jacksonville, AR 72076 Opportunity #: 1-60002842 AT&T Capital Services, Inc. ("AT&T Capital") is pleased to provide the following proposal for the equipment, services and/or maintenance as submitted to us. Our understanding of communication products and markets allows us to offer payment options at competitive rates and to accommodate your needs over the life of the lease. Equipment/Services Description: Airbus Vesta 9-1-1 Call Handling Hardware Payment Terms: Monthly - Arrears Estimated Commencement Date: January 1,2017 Payment Options ANNUAL IN ADVANCE PAYMENTand Monthly Payments Onetime charges Description One-Time Cost - $572,996.00 -Proposal Type - Municipal Payment Term - 5 Years Factor 3 Rate 0.21423 -- $122,752.93 z: initial Onetime charges $572,996.00 Municipal , 60 Months 0.01823 $10,445.72 Taxes & Pricing above excludes all applicable taxes and shipping charges, unless noted. Insurance is the Shipping responsibility of the customer. Customer shall be responsible to pay those taxes and fees described in Charges the contract. Payments & The rate factors listed above are indexed to like-term Swap rates. Any increase or decrease in the Indexing corresponding like-term Swap rate may cause the rate factor to be adjusted point for point at the time of commencement. Contract & This proposal is subject to final investment committee approval and mutually acceptable documentation. Credit Upon customer's acceptance of this proposal, AT&T Capital will require a copy of customer's latest Approval audited Financial Statements". Credit approval is not final until AT&T Capital has reviewed these statements and approved the credit. In the event anv material chanae occurs durina the anticipated rollout period in the financial or eaui~mentmarkets after the date of this letter, including but not limited to anv event which adverselv affects cost of funds, chanaes in market credit marains or chanae in the financial condition of the customer. AT&T Capital at its sole discretion, mav modifv the rate or aporoval described above. " Financial Statements Required: Auditor's Report, Balance Sheet, Income Statement, Cash Flow Statement and Accompanying Notes that apply to the above described Financial Statements. Expiration This offer expires 30 days from the date of this proposal. If, for any reason, we fail to consummate a Date mutually satisfactory agreement by this date, we reserve the right to withdraw this offer and/or modify its terms. Convert to Lessee's failure to execute AT&T Capital's Acceptance Certificate relative to the contract within ninety Cash Sale (90) days of the lessee's first functional use of the equipment and/or services will result in the contract converting to a cash sale. Progress The above rates do not include any additional interest expense for progress payments which are Payments required by AT&T Capital Services, Inc. on all transactions with installations exceeding 60 days. Progress payments will be financed through AT&T Capital at Prime Rate plus 2% at time of funding. UCC's Customer hereby grants AT&T Capital permission to file any and all UCC financing Statements, which in their discretion is necessary or proper to secure it's interest in the equipment and/or services in all applicable jurisdictions. Notes Direct City of Jacksonville Arkansas August 12.201 6 1 Municipal Drive Jacksonville, AR 72076 Opportunity #: 1-60002842 Customer and AT&T Capital agree that the contents of this letter are confidential and are provided solely for the purposes described herein. The contents of this letter may not be delivered, displayed or otherwise disclosed to any third party without AT&T Capital's prior written consent. Please initial desired option(s) above and return the signed proposal letter to me via fax at 214-761-71 11 or email to PW3521@att.com. Upon formal credit approval, our contract administration department will forward our agreement to you. If you should have any questions, please do not hesitate to contact me at 972-562-5981. A sianed AT& T eaui~menUservicescontract is rewired before order can be orocessed. Sincerely, Lessee's AcceRtance: City of Jacksonville Arkansas P~WiUcivLy Name: Title: AT&T Capital Services Regional Manager Date: Direct ORDINANCE NO. 1559 (#I 9 2016) - AN ORDINANCE FOR THE PURPOSE OF LEVYING ONE (1) MILL, ONE (I) MILL, AND ONE (I) MILL AGAINST ALL PERSONAL PROPERTY WIJTHN THE CORPORATE LIMITS OF THE CITY OF JACKSONVTLLE, ARUANSAS; FOR THE PURPOSE OF LEVYING ONE (I) MILL, ONE (I) MILL, AND ONE (I) MILL AGAINST ALL REAL PROPERTY WITHIN THE CORPORATELIMITS OF THECITY OF JACKSONVILLE, ARUANSAS; FOR THE PURPOSE OF EFFECTING CERTIFICATION TO THE COUNTY CLERK OF PULASKI COUNTY OF THE TAX LEVIED; AND, FOR OTHER PURPOSES. WHEREAS Ordinance No. 172, dated May 19, 1966, called for a Special Election to determine the question of levying a tax of One-half (112) mill on all real and personal property within the City for the purpose of establishing and funding the Firemen's Relief and Pension Fund. An election was subsequently held, at which time the qualified electors of the City voted in favor of the tax to be collected with those taxes collected in the year 2017. Pursuant to an amendment to the Arkansas Constitution, the taxes were rolled back to the levy of Three-tenths (3110) mill. However, the qualified electors of Jacksonville voted in favor of an increase in said millage rate to One (1) mill during a June 8, 1995, Special Election, called by Ordinance No. 1041 of April 6, 1995; WHEREAS Ordinance No. 173, dated May 19, 1966, called for a Special Election to determine the question of levying a tax of One-half (112) mill on all real and personal property within the City for the purpose of establishing and funding the Policemen's Pension and Relief Fund. An election was subsequently held, at which time the qualified electors of the City voted in favor of the tax to be collected with those taxes collected in the year 2017. Pursuant to an amendment to the Arkansas Constitution, the taxes were rolled back to the levy of Three-tenth (3110) n-rill. However, the qualified electors of Jacksonville voted in favor of an increase in said millage rate to One (1) mill during a June 8, 1995, Special Election, called for by Ordinance No. 1041 of April 6, 1995; and, ORDINANCE NO. 1559 (#19- 2016) PAGE W O WHEREAS, Ordinance No. 1254, dated May 19, 2005, called for a Special Election to determine the question of levying a tax of One (1) mill on all real and personal property within the City for the acquisition, construction, and equipping of land and capital improvements for the City's public library. An election was subsequently held, at which time the qualified electors of the City voted in favor of the tax to be collected with those taxes collected in the year 2017. NOW, THEREFOR4 BEITORDAINED BY THECITYCOUNCIL OF THE C m OFJACKSONVZLLE, ARKANSAS, THAE SECTION ONE A tax of One (1) mill on each dollar of assessed valuation of all real and personal property within the City be and hereby is levied by the City Council to be collected with those taxes collected in the year 2017 for the purpose of funding the Firemen's Relief and Pension Fund. SEffION W O : A tax of One (1) mill on each dollar of assessed valuation of all real and personal property within the City be and hereby is levied by the City Council to be collected with those taxes collected in the year 2017 for the purpose of funding the Policemen's Relief and Pension Fund. SECTION THREE: A tax of One (1) mill on each dollar of assessed valuation of all real and personal property within the City be and hereby is levied by the City Council to be collected with those taxes collected in the year 2017 for the purpose of funding the acquisition, construction, and equipping of land and capital improvements for the City's Public Library. SECTION FOUR: A certified copy of this Ordinance shall be delivered to the County Clerk of PI- las ski County, Arkansas, whose duty it shall be to levy and collect taxes according to the terms of this Ordinance. SECTION FIVE: All Ordinances or parts thereof in conflict herewith are hereby repealed to the extent of said conflict. ORDINANCE NO. 1559 (#I9 - 2016) PAGE THREE SECXION SIX= This Ordinance, necessary for the continuation of public facilities and the health, safety, and welfare of the citizens of Jacksonville, should be implemented immediately. Therefore, an emergency is hereby declared, and this Ordinance shall be in force and effect from and after its date of passage. APPROVED AND ADOPED THIS DA Y OF OCTOBER, 2016. CITY OF JACKSONVILLE, ARKANSAS - GARY FLETCHER, MA YOR A TEST: SUSAN DA V m CITY CLERK APPROVED AS TO FORM: ROBER T E BAMBURG, CYTY A TORNEY

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