The Benton Community Services/Animal Control Meeting is scheduled for Tuesday, November 5th, at 6:00 p.m. The agenda follows:
Committee Members:
- Evelyn Reed, Chair
- Judd Hart
- Jeff Hamm
- Frank Baptist
- Steve Brown
- Brad Jordan-Staff
- Terry Parsons-Staff
I. Establish a Quorum / Call to Order
II. Recognition of Attendees
III. Approval of the September 3, 2019 meeting minutes
IV. Community Services
- A. James Helton- Code Enforcement Condemnations
- B. New Right of Way Permit
- C. Amending Ordinance 66 of 2013, Subdivisions Rules & Regulations in Benton
- D. Resolution Ordering the Disclosure Information (See Document D below)
- E. Ordinance Acquiring Territory (See document E below)
- F. Calling for an Election to Acquire Territory (See document F below)
V. Animal Services
- A. Frank Baptist- Chicken Coop Regulations
VI. Adjournment
Document D
RESOLUTION NO. ___ OF 2019
A RESOLUTION ORDERING ENTERGY ARKANSAS, LLC TO FURNISH CERTAIN INFORMATION
WHEREAS, Entergy Arkansas, LLC provides electric utility service within the municipal boundary of the City of Benton, Arkansas (“City”) under the authority of Ordinance No. 3 of 1966, as amended; and
WHEREAS, the City of Benton, Arkansas (“City”) is considering the acquisition of property that is owned by Entergy Arkansas, LLC that is located north of Interstate 30 and within the City’s municipal boundary, except such property that is required by Entergy Arkansas, LLC to serve customers located south of Interstate 30 or outside the City’s municipal boundary; and
WHEREAS, pursuant to A.C.A. § 14-200-110, the Benton City Council is empowered to order a utility to disclose certain information pertaining to utility services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Benton, Arkansas, that:
SECTION 1: Under the authority of A.C.A. § 14-200-110, the City Council of the City of Benton, Arkansas hereby orders and requires Entergy Arkansas, LLC to promptly disclose the following information within thirty (30) days:
- All reports, rates, classifications, rules, or other practices currently in force on the part of Entergy Arkansas, LLC and applicable to electric utility services provided to locations north of Interstate 30 and within the municipal boundary of the City of Benton, Arkansas.
- All books, records, and other information as to any matter pertaining to the business of Entergy Arkansas, LLC conducted north of Interstate 30 and within the municipal boundary of the City of Benton, Arkansas.
- A verified, itemized and detailed inventory and valuation of all property owned by Entergy Arkansas, LLC that is located north of Interstate 30 and within the municipal boundary of the City of Benton, Arkansas.
SECTION 2: If Entergy Arkansas, LLC fails or refuses to comply with the order identified in Section 1 without reasonable excuse, the City Attorney is hereby authorized and directed to institute such legal proceedings as may be necessary to cause compliance, including but not limited to the recovery of such fines and/or penalties as may be appropriate and authorized by A.C.A. § 14-200-102(a) and A.C.A. § 5-4-201(c) and (e).
Document E
Ordinance No. ____ of 2019
AN ORDINANCE DETERMINING TO ACQUIRE CERTAIN PROPERTY OF ENTERGY ARKANSAS, LLC THAT IS LOCATED NORTH OF INTERSTATE 30 AND WITHIN THE CITY OF BENTON, ARKANSAS; AND PRESCRIBING OTHER MATTERS PERTAINING THERETO.
WHEREAS, Entergy Arkansas, LLC provides electric service within the municipal boundary of the City of Benton, Arkansas (“City”) in accordance with Ordinance No. 3 of 1966 (“Franchise Ordinance”); and
WHEREAS, Act 324 of 1935 established a process by which a municipal council could determine to acquire the property of a public utility by a vote taken after a public hearing with at least thirty (30) days’ prior notice, and confirmed by a majority of the electors voting thereon; and
WHEREAS, the Franchise Ordinance specifically includes a provision authorizing the acquisition of Entergy Arkansas, LLC’s property by election in compliance with Act 324 of 1935; and
WHEREAS, the Public Utility Commission of the City of Benton, Arkansas (“BPUC”) has requested the City to exercise its authority under the Franchise Ordinance and Act 324 of 1935 to determine to acquire certain property of Entergy Arkansas, LLC that is within the municipal boundary of the City and located north of Interstate 30, except such property that is required by Entergy Arkansas, LLC to serve customers located south of Interstate 30 or outside of the City, and to submit such determination to the qualified voters of the City for confirmation; and
WHEREAS, BPUC has attempted in good faith to negotiate for the acquisition of customers and property that would be better served by BPUC than Energy Arkansas, LLC, but has been unable to reach agreement; and
WHEREAS, the Benton City Council hereby finds that current and future citizens of Benton located north of Interstate 30 would be better served by receiving electric service from BPUC than by receiving electric service from Energy Arkansas, LLC, and
WHEREAS, a public hearing was advertised on ________ ___, 2019 to be conducted in conjunction with the consideration of this ordinance by the Benton City Council.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Benton, Arkansas, that:
SECTION 1. Under the authority of Ordinance No. 3 of 1966 and Act 324 of 1935, the City Council of the City of Benton, Arkansas hereby determines to acquire certain property of Entergy Arkansas, LLC that is located north of Interstate 30 and within the City of Benton, Arkansas, except such property that is required by Entergy Arkansas, LLC to serve customers located south of Interstate 30 or outside the City of Benton, Arkansas.
SECTION 2. This Ordinance shall not take effect until an election is held on the question of the City of Benton, Arkansas acquiring certain property of Entergy Arkansas, LLC that is north of Interstate 30 and within the City of Benton, Arkansas, except such property that is required by Entergy Arkansas, LLC to serve customers located south of Interstate 30 or outside the City of Benton, Arkansas, at which a majority of the electors voting on the question shall have approved the acquisition.
SECTION 3. Upon approval by the voters, BPUC shall attempt to negotiate the value of the property described in Section 1 for a period of thirty (30) days and, failing such negotiations, shall notify the Arkansas Public Service Commission and request a hearing to determine value.
SECTION 4. All costs associated with or arising from the adoption of this ordinance that are attributed to and payable by the City shall be borne by BPUC.
Document F
Ordinance No. ___ of 2019
AN ORDINANCE CALLING A SPECIAL ELECTION IN THE CITY OF BENTON, ARKANSAS, ON THE QUESTION OF ACQUIRING CERTAIN PROPERTY OF ENTERGY ARKANSAS, LLC THAT IS LOCATED NORTH OF INTERSTATE 30 AND WITHIN THE CITY OF BENTON, ARKANSAS, AND PRESCRIBING OTHER MATTERS PERTAINING THERETO.
WHEREAS, on ________ __, 2019, the City Council of the City of Benton, Arkansas (the “City”), adopted Ordinance No. ___ of 2019 determining to acquire property of Entergy Arkansas, LLC that is located north of Interstate 30 and within the municipal boundary of the City, except such property that is required by Entergy Arkansas, LLC to serve customers located south of Interstate 30 or outside the City of Benton, Arkansas; and
WHEREAS, the purpose of this Ordinance is to call a special election on the question of the City of Benton, Arkansas acquiring certain property of Entergy Arkansas, LLC that is north of Interstate 30 and within the City of Benton, Arkansas, except such property that is required by Entergy Arkansas, LLC to serve customers located south of Interstate 30 or outside the City of Benton, Arkansas.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Benton, Arkansas, that:
SECTION 1. There is hereby called, and shall be held, a special election on March 2, 2020, at which election there shall be submitted to the electors of the City the question of the City of Benton, Arkansas acquiring certain property of Entergy Arkansas, LLC that is north of Interstate 30 and within the City of Benton, Arkansas, except such property that is required by Entergy Arkansas, LLC to serve customers located south of Interstate 30 or outside the City of Benton, Arkansas.
SECTION 2. The question described in Section 1 shall be placed on the ballot for the election in substantially the following form:
Vote on measure by placing an “X” in the square opposite the measure either for or against:
FOR the City of Benton, Arkansas acquiring the property of Entergy Arkansas, LLC that is north of Interstate 30 and within the City of Benton, Arkansas, except such property that is required by Entergy Arkansas, LLC to serve customers located south of Interstate 30 or outside the City of Benton, Arkansas ………… o
AGAINST the City of Benton, Arkansas acquiring the property of Entergy Arkansas, LLC that is north of Interstate 30 and within the City of Benton, Arkansas, except such property that is required by Entergy Arkansas, LLC to serve customers located south of Interstate 30 or outside the City of Benton, Arkansas ………….. o
SECTION 3. The election shall be held and conducted and the vote canvassed and the results declared under the law and in the manner now provided for municipal elections and only qualified voters of the City shall have the right to vote at the election.
SECTION 4. The results of the election shall be proclaimed by the Mayor, and his Proclamation shall be published one time in a newspaper having a general circulation in the City, which Proclamation shall advise that the results as proclaimed shall be conclusive unless attacked in the courts within thirty (30) days after the date of publication.
SECTION 5. A certified copy of this Ordinance shall be given to the Saline County Board of Election Commissioners so that the necessary election officials and supplies may be provided.
SECTION 6. The Mayor and City Clerk, for and on behalf of the City, are hereby authorized and directed to do any and all things necessary to call and hold the special election as herein provided.
SECTION 7. If the acquisition of property is approved by the electors, the Public Utility Commission of the City of Benton, Arkansas, for and on behalf of the City, is hereby authorized and directed to do any and all things as may be necessary or advisable to effectuate the acquisition of property as approved.
SECTION 8. All costs associated with or arising from the adoption of this ordinance that are attributed to and payable by the City shall be borne by BPUC.
SECTION 9. That all ordinances and parts thereof in conflict herewith are hereby repealed to the extent of such conflict.