springdale city council agenda for nov. 23, 2010

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    SPRINGDALE CITY COUNCIL

    REGULAR MEETINGTUESDAY, NOVEMBER 23rd, 2010

    SCHEDULED MEETINGS:

    5:00 p.m., Tuesday, November 23rd Finance Committee followed immediately by an

    Ordinance Committee meeting Where: Multi-purpose Rm. #236, second floor, City Administration Building.

    The Finance Committee meeting is pertaining to Agenda item 9.The OrdinanceCommittee meeting is pertaining to Agenda Items 10 B and a discussion only concerningthe banning of pit bulls.

    5:55 p.m. Pre Meeting Activities

    Pledge of AllegianceInvocation -

    6:00 p.m. OFFICIAL AGENDA

    1. Large Printagendas are available at the back of the room, next to themain entrance

    2. Call to Order - Mayor Doug Sprouse

    3. Roll Call City Clerk Denise Pearce

    Recognition of a Quorum

    4. Comments from Citizens

    The Council will hear brief comments from citizens duringthis period on issues not on the agenda. No action will betaken tonight. All comments will be taken underadvisement.

    5. Reports

    a) Planning Commission Report from October 5th meeting. Pg. 1b) Street & Capital Improvement & Bond Program Update. Pg. 2c) Building Inspection Activity Report for October. Pg. 3-5

    6. Approval of Minutes

    a) November 9th, 2010 Pg. 6-10

    7. Procedural Motions

    A. Entertain Motion to read all Ordinances and Resolutions by title only.

    B. Entertain Motion to dispense with the rule requiring that ordinances be fully anddistinctly read on three (3) different days for ordinances listed on this agenda as itemnumbers.9.10-B.. (Motion must be approved by two-thirds (2/3) of the councilmembers).

    8. A Resolution closing Emma Avenue from the railroad tracks to Hewitt Street for theDowntown Christmas in Springdale event. Pg. 11

    9. Finance Committee Report and Recommendations by Chairman Bobby Stout:

    An Ordinance authorizing the Police Chief to purchase weapon holsters and lightingsystems combos and Glock 9MM pistols; to waive competitive bidding; to declare an

    emergency and for other purposes. Pg. 12-20

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    10. Ordinance Committee Report and Recommendations by Chairperson Mike Overton:

    A. An Ordinance amending Sec. 6-4 of the Code of Ordinances of the City of Springdale,Arkansas, to change the hours of sale for persons holding a retail beer and light wineon-premises permit or an on-premises mixed drink hotel, motel or restaurant permit;to declare an emergency and for other purposes. Pg. 21-22

    B. An Ordinance amending Section 22-221 of the Code of Ordinance of the City ofSpringdale, Arkansas; declaring an emergency; and for other purposes. Pg. 23-24

    11. Comments from Department Heads.

    12. Comments from Council Members.

    13. Comments from City Attorney.

    14. Comments from Mayor Sprouse.

    15. Adjournment.

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    MEMORANDUM

    TO: City Council MembersFROM: Patsy Christie, Planning & Community DevelopmentDATE: November 28,2010 .f&rSUBJECT: Planning Commission ReportThe following actions were taken at the November 5 meeting of the Planning Commission. Amap is attached showing the location of the agenda items referenced by number.1. TABLED ITEMS

    A. R10-20 Silent Properties, LLC (Brook Johnston) - 2407 South Thompson Street -C-2 to C-5 - abled at applicant's request.2. PUBLIC HEARING

    A. Proposed amendment to Springdale Code of Ordinance, Chapter 130 Zoning Ordinanceto amend Article 6 Supplementary District Regulations, Section 3.5 Temporary OpenAir Enterprises - no comments - by unanimous vote the Planning Commissionrecommends approval.

    3. BOARD OF ADJUSTMENTA. 810-46 Elaine Risley and Vickie Artman - 1315 S. Crutcher Street - variance toreduce access easement for tandem lot form 25' to 12' - it was determined that the

    property owner to the east to which the access easement had been granted had notbeen notified of the variance request - by unanimous vote the Planning Commissiontabled the variance request to allow the applicant to notify the adjacent propertyowner.

    B. B10-47 Cornerstone Construction - 117 E. County Line Road -- variance fordeletion of paved parking requirement - granted by unanimous vote for a period oftwo years with submission of a bil l of assurance.

    C. BIO-48 Fredy M. Villeda - 3940 Orleans Avenue - variance for the reduction of frontsetback from 30' to 24' - granted by a vote of seven yes, two no.D. 810-49 Eyner Wil Gallardo - 2021 Jade Road - variance for the reduction of side

    setback from 8' to 6.5" - applicant indicated that he no longer owned the property -variance could not be heard.

    4. No work session for November due to Chamber City Future 3.

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    MEMORANDUM

    TO: City Cou ncil Mem bersFROM: Patsy Christie, Division DirectorDATE: November 18, 2010SUBJECT: Capital lmprovemen t& Bond Program s Status UpdateCapital lmprovement Program:1 Sunset Drainage ImprovementsProject complete.2) Don Tyson Parkway InterchangeReceived comments on October 1 3 ' ~rom AHTD on the draftEnvironmental Assessment.Garver addressed comments from AHTD on the draft EA an dresubmitted.Continuing work on the topographic and utility survey.3) Shady Grove Road BridgeProject complete.4) Hylton Road ImprovementsProject complete.5) Johnson Road- 1-540 to Hwy412Environmental Phase complete.Drainage Report and Special Provision documents were submitted tothe City for review .Garver submitted the Final Drainage Report, Geotechnical Report,Specifications and S pecial Provisions, and 90% plans to AHTD forreview on October 25'h.Right-of-way docum ents were subm itted to AHTD for review on

    Octob er 4'h.6) Elm Springs Road Improvements- Phase IIStaff reviewed final plans, specifications, and contract docume nts andsubmitted comm ents to ESI.ESI is working to revise the plans, specifications, and contractdocume nts per the staff commen ts.Property Acquisition documents have been prepared and R OWacqu isition should begin shortly.

    Bond Program:1 Wagon Wheel Phase 11 - 1-540 to Robins Road (BP-0302)Project is substan tially complete.Contractor is working to address pun ch list items.

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    Banner8 emporary Sign PermitBusiness LicenseCommercial Addition PermitCommercial Alteration Perm itCommercial Building PermitDemolition PermitElectrical Perm itGarage Sale PermitsMechanical PermitPlumbing PermitResidential Addition Perm itResidential Alteration PermitResidential Pool P ermitResidential Single Family Perm itSign PermitTotals

    Permits issued

    City of Springdale'sMayor Doug Sprouse and City CouncilMembers

    Month of October, 2010

    Totai lnspectlons Total SF Totai Value

    MYGOV.US City of Springdale I MayorDoug Spmuse and City Counul Members I Printed 1 1 1 1W2010 at 13:OOPM Page 1 of 1

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    Complaints ComplTotal Worklng Archlved (No New Completed Base

    ComplalntsComplalntsComplalnts Vlolatlon) Cases Cases CaseBulldingCodf, Vlolatlons

    Bulld~ng ode Vlolabons 1 0 1 0 0 3 1

    ~ ~,;: : 3;. 1, ;,, , . i , . , . . ,,.,~',: -:..,c, ~ , - , ,,$ ,, , . , ;' \ ;.'. ,, , . ,, ,.,,. \?, , , ,.,;~[:;~v;;ip::[{,,, , .. -.,

    4 . , . . -, .Business License 4 2 2 0 2 7 4

    $+Environment , . . ,Dead Tree- -- 0 0 0Inoperatwe Motor Veh~ cles 2 0 1Junk and Trash 28 2 26Refrgerators I Freezer 0 0 0Stagnant Water-- - 0 0 0Tall Grass and Wee ds 46 7 39Tree Debns 4 2 2

    homeOffice Inspectton +.iHome O ffice 0 0 0 0 0 0 0Property Maintenance

    Fences 1 1 0 0 1 1 1 General Residence 5 1 4 0 2 14 5

    MYGOV.US Ctty of Springdale 1 Mayor Doug Sprouse an

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    MaintenanceOver Occupancy 3 1 2 0 1 5 3 Pest Infestation 1 1 0 0 1 0 1

    SlgneS~ gn ermit Required 0 0 0 0 0 1 0

    Solid WasteTrash Can LeR at Curb- - -- 0 1 0 1 1 1 Trash Serv~ceRequired

    I C"h0 0 0 0 0 1 0

    a - , r L ,Streets, sidewalks public places , ,Address Numbers- - 0 0 0 0 1 1 0 - - .Obstruct~on n Roadway- - - - - 1 0 1 0 0 2 1 Obstruction on Sidewalk 2 0 2 0 0 5 2

    Traffic8 Vehlclef ; : .. rParking And Storage CertainVehides 3 0 3 0 3 12Parking In the yard 6 0 6 0 618

    yaceqt!$!!yJne ?. , .. I , '." * , " 1 + u i .Vacant Buildlng 0 0 0 0 0 28 0

    ZoningAccessory Structures 1 0 1 0 0 1 1 Buildlng Permits Required 0 0 0 0 0 0 0 Business in Residential 0 0 0 0 0 2 0 Fence Requirements 1 1 0 0 1 0 1

    Totals 110 18 9 1 1 9 437 110

    MYGOV.US City of Spnngdale I Mayor Doug Sprouse and

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    SPRINGDALE CITY COUNCILNOVEMBER 9,20 10

    The City Council of the City of Springdale met in regular session on November 9, 201 0,in the City Council Cham bers, City Administration Building . Mayor Doug Sprouse calledthe meeting to order at 6:00 p.m.Roll call was answered by:

    Doug SprouseJesse CoreJeff WatsonMike OvertonEric FordBobby StoutRick EvansJim ReedKathy JaycoxJeff HarperDenise Pearce

    MayorWard 3Ward 3Ward 2Ward 4Ward 4 (Absent)Ward 2Ward 1 (Absent)Ward 1City AttorneyCity ClerWTreasurerDepartment heads present:

    Wyman Morgan Director of Finance & Admin.Patsy Christie Planning DirectorKathy O'Kelley Police ChiefDuane Atha Fire ChiefMike Chamlee Chief Building Official

    FINANCIAL PRINCIPALS CLA SSBill Robertson, Financial Coach w ith New Hope C oncepts, is offering to city employees aclass that teaches financial principals. The class will be held on Novem ber 29, 2010,from 6:30 p.m. to 9:00 p.m. in the training room at Fire Station No. 1. The re will be nocharge to employees.PROCLAMATIONSMayor Sprouse presented the following two proclamations for the month of November2010:

    National H ospice/Palliative Care MonthPancreatic C ancer Awareness MonthAPPROVAL OF TH E MINUTESAlderman Jaycox moved the minutes of the October 26, 2010 regular meeting beapproved as presented. Alderm an Evans made the second.There was a voice vote o f all ayes and no nays.REPORT ON THE ECONOMIC DEVELOPMENT PROGRAMPerry Webb, President of the Chamber of Commerce, presented a report on the economicdevelopment program for November 2010. (On file in the City Clerk's Office)The Chamber has a promotion to encourage shoppers to choose Springdale as a place tospend their Christmas money. The promotion will deliver to shoppers a full refund ofpurchases made at participating businesses between November 24thand December 18th fit snows four inches on C hristmas Day in Springdale.Lance Eads, New Chamber Vice President for Economic Development, told Council hewill be working very aggressively on the business retention and expansion program anddowntown redevelopment efforts.

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    SPRINGDALE CITY COUNCILNOVEMBER 9,20 10

    The Cham ber will also be hosting City Future 111 at Mount M agazine. The businesscommunity sees it as a strategic planning opportunity for all the elected officials andappointed political officials in our city.ORDINANCES AND RESOLU TIONS READ BY TITLE ONLYAlderman Core made the motion to read all Ordinances and Resolutions by title only andto dispense w ith the rule requiring that ordinances be fully and distinctly read on three (3 )different days for all items listed on this agenda. Alderman Jaycox m ade the secon d.The vote:Yes: Jaycox, Core, Watson, Overton, Ford, EvansNo: NoneORDINANCE NO. 4466 - AMEND ING ARTICLE 6, SECTION 3.5 OF THE ZONINGORDINANCE OF THE CITY OF SPRINGDALE, ARKANSAS AND FOR OTHERPURPOSES (TEMP ORAR Y OPEN-AIR ENTERPRISES)Patsy Christie presented an Ordinance amending Article 6, Section 3.5 of the ZoningOrdinance of the City of Springdale, Arkansas and for other purposes. (Temporary Open-Air Enterprises)This ordinance needs to be amended to allow the Springdale Farmers' Market to operateat the Shiloh Square as well as the Jones Center for Families without the need for atemporary open-air enterprise permit.After the reading of the title, Alderman Jaycox moved the Ordinance "Do Pass".Alderman Core made the second.The vote:Yes: Overton, Ford, Evans, Jaycox, C ore, WatsonNo: NoneAlderman Evans moved the Emergency Clause be adopted. Alderman Jaycox made thesecond.The vote:Yes: Ford, Evans, Jaycox, Core, Watson, OvertonNo: NoneThe Ordinance was numbered 4466.RESOLUTION NO. 113-10 - ADOPTING AND APPROVING THE 2010 ANNUALACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANTPROGRAM (CDBG)Patsy Christie presented a Resolution adopting and approving the 2010 Annual ActionPlan for the Community Development Block Grant Program (CDBG).

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    SPRINGDALE CITY COUNCILNOVEMBER 9,2 0 10

    RESOLUTION NO.A RESOLUTION AMENDING THE 2010 BUDGET OFTHE POLICE DEPARTMENT

    WHEREAS, the City of Springdale has received funds from crime relatedseizures and forfeitures of $24,560 , andWHEREAS, the expenditure of these funds requires an appropriation by the CityCouncil, andWHEREAS, the Chief of Police and the Mayor desire that these hnds beappropriated for the purchase of additional laptop computers fo r patrol units;NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FORTHE CITY OF SPRINGDALE, ARKANSAS, that the 2010 budget of the PoliceDepartment is hereby amended as follows:

    Present ProposedDepartment Account No. Description Budget Increase Decrease BudgetPolice Revenue 101050 133 12 100 Treas SeizureiForfeitures 53,040 22,310 75,350Drug SeizurePolice 10 1050 142 18036 Expenditures 0 22,310 22,3 10PASSED AND APPROVED this 9 day of Novem ber, 201 0.

    Doug Sp rouse, MayorATTEST:Denise Pearce, City ClerkAPPROVED AS TO FORM:Jeff C. Harper, C ity AttorneyAlderman Core moved the Resolution be adopted. Alderman Jaycox made the second.The vote:Yes: Jaycox, Core, Watson, Overton, Ford, EvansNo: NoneThe Resolution was numbered 1 14- 10.ORDINANCE NO. 4467 - WAIVING COMPETITIVE BIDDING FOR THEPURCHASE OF LAPTOP COMPUTERS FOR THE POLICE DEPARTMENTAlderman Overton presented an Ordinance waiving competitive bidding for the purchaseof laptop computers for the Police Department from Turn Key Mobile in an amount notto exceed $22 ,304.00 plus the appropriate sales tax.After the reading of the title, Alderman Core moved the Ordinan ce "Do Pass". AldermanJaycox made the second.The vote:Yes: Core , Watson, Overton, Ford, Evans, Jaycox

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    SPRINGDALE CITY COUNCILNOVEMBER 9,2 0 10

    No: NoneAlderman Evans moved the Emergency Clause be adopted. Alderman Jaycox made thesecond.The vote:Yes: Watson , Overton, Ford, Evans, Jaycox, CoreNo: NoneThe Ordinance was numbered 4467.ORDINANCE NO. 4468 - AUTHORIZING THE CITY CLERK TO FILE A CLEAN-UP LIEN FOR THE R EMOVAL O F OVERGROWN BR USH AND DEBR IS WITHINTHE CITY OF SPRINGDALE, ARKANSAS, LOCATED AT 601 CURTIS STREET,1000 KARENA STREET, 407 MOUNTAIN VIEW AVENUE AND 602 CRUTCHERSTREETCity Attorney Jeff Harper presented an Ordinance authorizing the City Clerk to file aclean-up for the removal of overgrown brush and debris within the City of Springdale,Arkansas, located at 601 Curtis Street, 1000 Karena Street, 407 Mountain View Avenueand 602 Crutcher Street.

    After the reading of the title, Alderman C ore moved the Ordinance "Do Pass". AldermanJaycox made the second.The vote:Yes: Overton, Ford, Evans, Jaycox, Core, WatsonNo: NoneAlderman Evans moved the Emergency Clause be adopted. Alderm an Jaycox made thesecond.The vote:Yes: Ford, Evans, Jaycox, Core , Watson, OvertonNo: NoneThe Ordinance was numbered 4468.ADJOURNMENTAlderman C ore made the motion to adjourn. Alderman Jaycox made the second.After a voice vote of all ayes and no nays, the meeting adjourned at 6:44 p.m.

    Doug Sprouse, Mayor

    Denise Pearce, City Clerk/Treasurer

    Is )

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    RESOLUTION NO.

    A RESOLUTION CLOSING EMMA AVENUE FROM THERAILROAD TRACKS TO HEWITT STREET FOR THE"DOWNTOWN CHRISTMAS IN SPRINGDALE" EVENT.

    WHEREAS, the Arkansas Missouri Railroad has requested that Emma Avenue fiom therailroad tracks to H ewitt Street be closed from 9:30 a.m. to 4:30 p.m. on S aturday, Decem ber 4,20 10, for the "Dow ntown Christmas in S pringdale" event;WHEREAS, the City Council finds that in the interest of public safety because of thenumber of pedestrians that will be in this area, the request of Arkansas M issouri Railroad shouldbe granted;NOW, T3BREFOREyBE IT RESOLVED BY THE CITY COUNCIL FOR THE

    CITY OF SPRINGDALE, ARKANSAS, that Emm a Avenue fiom the railroad tracks to Hew ittStreet is hereby closed on Saturday, December 4, 2010, fiom 8:30 a.m. to 5:30 p.m. for the"Dow ntown Christmas in Springdale" event.PASSED ANDAPPROVED, this day of Novem ber, 2010.

    Doug Sprouse, MayorATTEST:

    Denise Pearce, City ClerkAPPROVED AS TO PO&

    J:\CindvTrVO10FilesVOlO R eco l ~ ~ t i nn~ \ A & M R ni l rna r lmrna Anr11

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    November 10,2010

    Chief O'Kelley,This letter is in regards to the trade in of our current duty pistols and thepurchase of new duty pistols. Our current pistol inventory consists of Glock17,19 and 26 pistols, all of which are 9mm. These pistols were purchased toreplace our first generation of Glock 9mm pistols approximately 10 years ago.We are requesting to trade in our current inventory and purchase the newgeneration Glock 9rnm pistols. We will be purchasing the model 17 and 19 tobe assigned based on a person's duty assignment. T h s new purchase ifapproved would coincide with the purchase of new more secure holsters andweapons mounted Light system.Cost of each pistol would be approximately $458.85 each. After trade inallowance of 8310 for our current pistols, the price each for 130 new generationpistols would be $148.85. Total cost after trade in will be $19,350.50. Wecurrently have a store credit with Cruse Uniforms after the bulk sale of pistolsand rifles from our evidence room of $5,365. This leaves a total of $13,985.50.Monies for this amount have been set aside in the current JAG grant. Ourport ion of the current JAG grant is $41,342, with the amount of $13,241.25 setaside for the purchase of these new pistols. Difference of $744.25 is availablein our current budget.Currently there are only two dealers of Glock pistols in Arkansas, CruseUniform and Don Eichenberger. We have received one bid &om CruseUniform, which is outhned above. Mr. Eichenberger has been contactedseveral times and no bid has been received from hm . Due to th s I amrequesting that we make the purchase from Cruse Uniform, wh c h is a localbusiness, and the only Glock dealer in the state we received a bid from.ADMINISTRATION BULLDLNG, 201 NORTH SPRING STREET, SPRINGDALE, , W W S L G 2764(479) 775-8200

    SERVICE DMSION

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    CITY of SPRINGDALEPOLICE DEPARTM ENT

    SERVICE DIVISION

    Below is a breakdown of the above informat ion:To tal JA G Gr an t $41,342.00Orig inal Glock Price with tax $420.00 + tax of $38.85 = $458.85Trad e in fo r each Glock $310.00Final Price per gu n $148.85

    Price for 130 gunsL e ss c r e d tTo ta l Co sts $13,985.50Am ou nt covered by JA G $13,241.25Difference to be covered by city $4 744.25

    ilDMTNISTRATION BUILDING, 201 NOR TH SPRZNG STREET, SPRINGDALE, ARKANSAS 72764(479) 756-8200 SERVICE DIVISION

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    QUOTECRUSE UNIFORMSAN D EQUIPMENTCALL US FLRST FOR ALL YOUR PUBLICSAFER NEEDS!

    QUOTE #: 700342

    To:SPRXNGDALEPDA m ONHRlTZ

    130.00 GI7ANDGI9 GENERATION4CLOCKSWITHNIGHT SIGHTS $ 420.00 $ 54,600.001.00 TAX RATE @9.25%130.00 GUN TRADE FOR GI9 & GI9

    Subtotal $ 19,350.50

    Total $ 19,350.50

    THANKYOU FOR YOUR BUSINESS!

    5320 W. SUNSETAVE. STE 184 SPRINGDALE, AR 72764 PHONE:479-756-8182

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    CITY of SPRINGDALEPOLICE DEPARTM ENT

    S ER VIC E D M S I O N

    November 12,2010

    Thls letter is in regards to the purchase of a new on duty holster and weaponsmounted hght Currently we have at least three different versions of a Safanlandholster thatd ccommodate a weapons mounted light, along with anotherSafanland made holster that wdl not accept the light. Our current weapons mountedlights are either the older version M3 lights, or a newer version, called the TLR1. Thenew holster that we wish to purchase is a Blackhawk level 3 holster with a XiphosLED lightThls purchase would be funded by the current JAG grant of $41,342, at a cost of$22,995.27 for 117 holsters and lights. With h s urchase, we would have one setstandard for our holsters and weapons mounted lighting system. The Xiphos light ispreferred over our current lights due to it being LED and only requiting one 3 voltl i h u m battery as opposed to our current lights that require two of the same battery.Our old holsters and weapons mounted lights would be avadable for re sale after thetransition once approved to do so.I have received three quotes for the new holster and lighting system, two in writingand one verbally. I have also spoke to a representative for Blackhawk who has statedthat the best price avadable regardless of dealer is $179.00 for one holster and onelight. Thls is a bottom price set by Blackhawk. Below is a list of locations that Ireceived quotes from:Cruse U d o m (SpringdaleAR) $22,995.27 h s id includes taxTactical Gear Now @chardson TX) $22,487.50 tax not included (125)Oklahoma Police Supply (Tulsa OIC) $22,487.50 tax not included(verbal 125)

    ADMINISTRATION BUILD ING, 201 NOR TH SPRLNG STREET, SPRINGD ALE, ARK-lNSrlS 72761(479) 756-820 0SERVICE DnrISI ON

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    CRUSE UNIFORM S AND EQUIPMENTCALL US FIRSTFOR ALLYOUR PUBLIC SAFEPiNEEDS!

    QUOTE 1:

    QUOTETo:SPRINGDALEPDATIN: RON HRITZ

    BLACKHAWK SERPA LEVEL 3 HOLSTER, . - .'Sdq-n ..-..: . '.s ., .! g2

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    Quote401 S Sherman St., Suite 215Richardson,TX 7508 1972.960.9394214.351.9606FAX

    . Name / AddressSpringdale Polic e DepartmentRon Hritz201 Spring StreetSpringdale,AR 72764

    Quote #5/19/2010

    Ship ToSpringdalePolice DepartmentRon Hritz201 Spring StnetSpringdale, AR 72764

    Solicitation# Terms

    Net 30CLlN

    1

    Contact Lisa Bray

    Due Date

    6/4/20 10

    Subtotal $22,487.50Sales Tax (8.25%) s0.00Total $22,487.50

    Part#BPG-44H600 ...

    @ 972.960.9394or

    SalesRepLB

    DescriptionBlackhawk SerpaLevel 3 Duty Holster w/Xiph osLight Black-Glock 17/19/22123/31/32 - MATTEFINISH

    PRICE IS VALID FOR QUANTITY OF 117AND UP.

    I i ~ c a l g e a r n o w . w r n .HANK YOU! !

    FOBDestination

    GSA#

    Q ~ Y125

    117

    Unit Price179.90

    Total22,487.50

    a 1,~r3ck

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    That which is stricken through is deleted; that which is underscored and in :-LO is added

    ORDINANCE NO.

    AN ORDINANCE AMENDING SEC. 6-4 OF THE CODE OFORDINANCES OF THE CITY OF SPRINDGALE,ARKANSAS TO CHANGE THE HOURS OF SALE FORPERSONS HOLDING A RETAIL BEER AND LIGHT WINEON-PREMISES PERMIT OR AN ON-PREMISES MLXEDDRINK HOTEL, MOTEL OR RESTAURANT PERMIT; TODECLARE AN EMERGENCY AND FOR OTHERPURPOSES.

    WHEREAS, it has come to the attention of the City Council for the City of Springdale,Arkansas that persons who operate businesses within the City of Springdale and hold a retailbeer and light wine on-premises permit, or who hold an on-premises consumption permit arerestricted in the hours in which they can sell under Springdale City Ordinance;WHEREAS, the City Council finds that it is difficult for these businesses to competewith persons holding similar permits in other cities who are allowed to have longer hours inwhich to sell;WHEREAS, the City Council for the City of Springdale finds that the hours in whichpersons holding these type permits are allowed to sale should be consistent with the same hours Iallowed by State law; iNOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE

    CITY OF SPRINGDALE, ARKANSAS, that Sec. 6-4 of the Code of Ordinances of the City ofSpringdale is amended as follows:See. 6-4. Hours of sale.

    CB)~

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    That which is stricken through is deleted; that which is underscored and in .;.,, I S added.

    Emer~encvClause. I t is hereby declared that an emergency exists and this ordinance,being necessary for the preservation of the health, safety and welfare of the citizens ofSpringdale, Arkansas, shall be in effect immediately upon its passage and approval.PASSED AND APPROVED thls day of ,2010.

    Doug Sprouse, Mayor

    ATTEST:

    Denise Pearce, City ClerkAPPROVED AS TO FORM: / /

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    be the "administrative authority" authorized to enforce the provisionsof the 2 0 10 Arkansas M echanical Cod e ef2883.(d) Copies of the 2010 Arkansas Mechanical Code eGXW:Threecopies of this code are now on file in the office of the clerk andbuilding official of the C ity of Springdale, Arkansas, and the same arehereby adopted and incorporated, as if set out at length herein,. .excluding hapkr !(Fppendix B. From the dateon which this ordinance shall take effect, the provisions of theaforementioned code shall be controlling in the construction of allbuildings and other structures within the corpo rate limits of the city,except as regulated by other ordinances of the City of SpringdaleMunicipal Code.(e ) Penalty: The penalty for violating any provision of the 2010Arkansas Mechanical Code eC2B83 shall be the same as providedunder the penalty section of the Springdale Code of Ordinances(section 1 9).( f ) Conflicts: All ordinances or parts of ordinances in conflictherewith are hereby repealed to the extent of the con flict.(g) Severability: The provisions of this section are hereby declaredto be severable, and if any provisions sha ll for any reason be declaredillegal or invalid, such holding shall not affect the validity of theremainder of this section.Section 3: All other provisions of Chapter 22 of the Code of Ordinancesof the City of Springdale, Arkansas, not specifically amended by this ordinanceshall remain in full force and effect.Section 4: Emerpencv Clause: It is hereby declared that an emergencyexists and that this ordinance being necessary for the preservation of the health,

    safety and welfare of the citizens of Springdale, Arkansas, become effectiveimmediately upon its passage and approval.PASSED AND APPROVED this day of 72010.

    Doug Sprouse, MayorATTEST:

    Den ise Pearce, City ClerkAPPROVED AS TO FORM: