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HomeMy WebLinkAboutOrdinance 1966 ORDINANCE NO . 1966 AN ORDINANCE PROVIDING FOR THE ISSUANCE OF WATERWORKS AND SEWER CONSTRUCTION REVENUE BONDS , 1974 SERIES B , BY THE CITY OF FAYETTEVILLE , ARKANSAS FOR THE PURPOSE OF FINANCING THE COST OF CONSTP, UCTING EXTENSIONS , BETTER- MENTS AND IMPROVEMENTS TO THE WATERWORKS AND SEWER SYSTEM , TO BE LOCATED OUTSIDE THE CITY; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE BONDS; PRESCRIBING OTHER MATTERS RELATING THERETO ; AND DECIARING AN EMERGENCY . WHEREAS , the City of Fayetteville , Arkansas (the " City " ) owns and operates a municipal Waterworks and Sewer System (the " System " ) ; and WHEREAS , the City has outstanding an issue of Waterworks and Sewer Revenue Refunding Bonds , dated June 1 , 1963 (the " 1963 Bonds " ) , in the original principal amount of $ 5 , 313 , 000 of which $3 , 695 , 000 in principal amount are now outstanding , issued under and secured by the provisions of Resolution No . 7-- 63 of the City , adopted and approved on April 8 , 1963 ( " Resolution No . 7- 63 " ) ; an issue of Waterworks and Sewer Revenue Bonds , Series 1966 , dated September 1 , 1966 (the " 1966 Bonds " ) , in the original principal amount of $4 , 300 , 000 of which $ 4 , 300 , 000 in principal amount are now outstanding , issued under and secured by the provisions of Ordinance No . 1508 , adopted and approved on August 8 , 1966 (" Ordinance No . 1508 " ) ; and an issue of Waterworks and Sewer Revenue Bonds , Series 1969 , dated February 1 , . 1969 (the " 1969 Bonds " ) , in the original principal amount of $ 940 , 000 of which $ 865 , 000 in principal amount are now outstanding , issued under and secured by the provisions of Ordinance No , 1653 , adopted and approved February 3 , 1969 (" Ordinance No . 1653 " ) ; and WHEREAS , it is necessary that the City construct extensions , betterments and improvements to the System (the " improvements " ) , V.1hich improvements will be located outside the corporate limits of the City; and MICROF1 j ; 10 DiP1 86Z F,iCF221 REEE� Page 2 WHEREAS , the estimated cost of the improvements and of authorizing and issuing bonds is $ 1 , 330 , 000 ; and WHEREAS ; there has been prepared by a duly qualified consulting engineer a preliminary report and estimates covering the improvements , which have been studied by the Board of Directors and a copy filed in the office of .the City Clerk , to which reference may be made by any interested party; and WHEREAS ; in order to finance such costs it is necessary for the City to issue revenue bonds (the " bonds " ) ; and WHEREAS , the City is authorizing , for issuance simultaneously with the issuance of these bonds , bonds (in the principal amount of $3 , 370 , 000 ) for I r the purpose of financing extensions , betterments and improvements to the System " ins4de the corporate limits of the City (called the " City of Fayetteville , Arkansas Waterworks and Sewer Refunding and Construction Revenue Bonds , 1974 Series A " but herein the " Series A Bonds " ) , and the Series A Bonds (which are being authorized by Ordinance No . i 19651 , adopted and approved on the 4th day of December , 1973 (the " Series A Ordinance " ) shall be secured by a pledge of System revenues on a parity with the pledge securing these bonds; and WHEREAS , the outstanding 1969 Bonds will be refunded from the procee&_ of the . Series A Bonds ; and WHEREAS , references herein to " outstanding bonds " shall mean the 1963 Bonds , the 1966 Bonds and the Sexier A Bonds; and _ WHEREAS , bonds can be issued'on a parity of security with the outstanding bonds provided in the conditions set forth in Section 19 of Resolution No . 7- 63 (and Section 14 (2 ) of Ordinance No , 1508 and Section 15 (2 ) of the Series A Ordinance) are complied with and the Board of Directors has determined that those conditions have been complied with and that , therefore , the bonds will be issued on and will rank on a parity of security with the outstanding bonds ; NOW , THEREFORE , BE IT ORDAINED by the Board of Directors of the City of Fayetteville , Arkansas : Section 1 . That the improvements be accomplished as soon as practicable . In this regard , the appropriate officials of the City be and they are hereby authorized to execute all contracts and instruments and take all o ;, C)62 Page 3 action necessary to accomplish the improvements and to carry out the authority conferred by this Ordinance and to evidence the exercise thereof . Section 2 . That under the authority of the Constitution and laws of. the State of Arkansas , including particularly Act No . 131. of the Acts of Arkansas of 1933 , as amended , Act No . 132 of the Acts of Arkansas of 1933 , as amended , and Act No . 297 of the Acts of Arkansas of 1937 , as amended , and the decision of the Supreme Court of the State of Arkansas in Harrison v . Braswell , 209 Ark . 1094 , 194 S . W , 2d 12 (1946) , City of Fayetteville , Arkansas Waterworks and Sewer Construction Revenue Bonds , 1974 Series B , are hereby authorized and ordered sold in the total principal amount of $ 1 , 330 , 000 for the pur- poses set forth in the recitals of this Ordinance . The bonds shall be dated February 1 , 1974 , shall bear interest payable December 1 , 1974 , and semiannually thereafter on each June 1 and December 1 . The bonds shall be negotiable coupon bonds payable to bearer but shall be subject to registration as to principal or as to principal and interest , shall be in the denomination of $ 5 , 000 each and shall be numbered consecutively from 1 - B upwards . The bonds shall mature on June 1 of each year as follows : YEAR AMOUNT YEAR AMOUNT 1975 $ 35 , 000 1985 $ 65 , 000 1976 40 , 000 1986 70 , 000 1977 40 , 000 1987 75 , 000 1978 45 , 000 1988 75 , 000 1979 45 , 000 1989 80 , 000 1980 501000 1990 85 , 000 1981 50 , 000 1991 90 , 000 1982 55 , 000 1992 95 , 000 1983 60 , 000 . 1993 105 , 000 1984 60 , 000 1994 110 , 000 o;: ; 862 r,;cr 223 Page 4 Section 3 , The Mayor shall cause a Notice of Sale to be prepared , select a date for the public sale and publish and otherwise distribute copies of the Notice and other information in such manner as he shall determine (after consultation with bond counsel and the City' s fiscal agent) will result in the sale of the bonds on the most favorable terms . The Notice of Sale shall con- tain the usual information , including appropriate redemption provisions . . After the sale the Board of Directors shall , by appropriate resolution , confirm the sale of the bonds to the successful bidder and in that resolution shall set forth the details of the bonds , including numbering , rate of interest , redemption provisions and the Trustee and Paying Agent . . Section 4 . That the bonds shall be executed on behalf of the City by the Mayor and City Clerk and shall have impressed thereon the seal of the City . The bonds may. be executed by the facsimile signature of the Mayor and the interest coupons attached. to the bonds shall be executed by the facsimile signature of the Mayor , with the facsimile signature of the Mayor to have the same force and effect as if personally signed by him . The bonds must be executed -by the manual signature of the City Clerk . The bonds `�togetlier with interest thereon , shall be payable solely out of the Bond Fund (hereinafter referred to) and shall be a valid claim of the holddry thereof only against the Bond Fund and the revenues pledged to the Bond^Fund , which revenues (net revenues de- rived from the operation of the System) are hereby pledged and mortgaged for the equal and ratable payment of the principal of and interest on the bonds and i the outstanding bonds and shall be used in accordance with the provisions of Resolution No . 7- 63 , Ordinance No . 1508 , the Series A Ordinance and this Ordinance . The principal and interest of the bonds shall not constitute an indebtedness of the City within any constitutional or statutory limitation . Section 5 : That the bonds and coupons shall be in substantially the following form , and the Mayor and City Clerk are hereby expressly authorized and directed to make all recitals contained therein; UNITED STATES OF ANiERrCA STATE OF ARKANSAS COUNTY OF WASHINGTON CITY Ol' FAYETTEVILLE 70 WATERWORKS AND SENDER . CONSTRUCTION REVENUE BOND , 1974 SERIES B No . $5 , 000 KNOW ALL AMEN BY THESE PRESENTS : That the City of Fayetteville , County of Washington , State of Arkansas (the " City " ) , acknowledges itself to owe , and for value received , hereby promises to pay to bearer , or if this bond be registered to the registered owner hereof , solely from the special fund provided as hereinafter set forth , the principal sum of FIVE THOUSAND DOLLARS in lawful money of the United States of America on the first day of June , 19_ , and to pay interest thereon at the rate of percent %) per annum from the date hereof until paid . Interest is payable June 1 , 19_ , and semiannually thereafter on each December 1 and June 1 . Payment of principal and payment of interest evidenced by coupons shall be at the principal office of (the " Trustee " and " Paying Agent " ) . Payment of interest when registered as to interest , may be by check or draft mailed to the registered owner at his address reflected on the registration book of the City maintained by the Trustee . This bond is one of an issue of Waterworks and Sewer Construction i Revenue Bonds , 1974 Series B , aggregating Dollars ( $ ) in principal amount , numbered from 1 - B to - B , inclusive , all of like tenor and effect , except as to number , rate of interest , maturity and right of prior redemption (the " bonds ' ) issued for the purpose of paying the costs of constructing extensions , DEP, .;, F"ACF 225 betterments and improvements to the Waterworks and Sewer System (the " System " ) , and paying the expenses of authorizing and issuing the bonds . The bonds are issued pursuant to and in full compliance with the Con- stitution and laws of the State of Arkansas , including particularly Act No . 131 of the Acts of Arkansas of 1933 , as amended , Act No . 132 of the Acts of Arkansas of 1933 , as amended , Act No . 297 of the Acts of Arkansas of 1937 , as amended , and the decision of the Supreme Court of the State of Arkansas in Harrison v . Braswell , 209 Ark . 1094 , 194 S . W . 2d 12 (1946 ) , and pursuant to Ordinance No . 1966 of the City , duly adopted and approved on the 4th day of December 1973 , and an implementing resolution (collectively referred to as the "Authorizing Ordinance " ) , and do not constitute an indebtedness of the City within any constitutional or statutory limitation . The bonds are not general obligations of the City but are special obligations payable solely from net revenues derived from the operation of the System . - The bonds are issued on a parity as to lien , pledge and security with an issue of Waterworks and Sewer Revenue Refunding Bonds , dated June 1 , 1963 , issued pursuant to Resolution No . 7- 63 , adopted and approved on April 8 ,-1'9-63 CResoWtlpn No . 7- 63 " ) and an issue of Waterworks and Sewer Revenue Bonds , Series 1966 , dated September 1 , 1966 , issued pursuant to Ordinance No . . 1508 , adopted and approved on August 8 , ' 1966 ( " Ordinance No . 1508 " ) and an issue of Waterworks and Sewer Refunding and Construction Revenue Bonds , dated February 1 , 1974 , 1974 Series A , issued pursuant to Ordinance No . 1965 adopted and approved on December 4 , 1973 (the " Series A Ordinance " ) (collectively the " outstanding bonds " ) . An amount of System revenues sufficient to pay the principal of and interest on the bonds and the outstanding bonds is to be set aside in a special fund for that purpose identified as the " Waterworks and Sewer Revenue Refunding Bond Fund " created by Section 5 of Resolution No . 7- 63 . Reference is hereby made to the Authorizing Ordinance , Resolution No . 7- 63 , Ordinance No . 1508 and the Series A Ordinance , for a detailed statement of the nature and extent of the security , the rights and obli- gations of the City , the Trustee and the holders and registered owners of the bonds and the terms and conditions upon which the bonds are issued , including , without limitation , the covenant of the City to maintain rates for water and sewer services which shall be sufficient at all times to produce revenues for operation and maintenance expenses , for the payment of the principal of and interest on the bonds and the outstanding bonds and to maintain the other i c funds (provided for in the Authorizing Ordinance and in Resolution No . 7- 63 , Ordinance No , 1508 and- the Series A Ordinance) at the required levels , The bonds are subject to redemption prior to maturity as follows ; I e i Notice of the call for redemption shall be published one time in a newspaper published in the City of Little Rock , Arkansas , and having a general circulation throughout the State of Arkansas- ,, S_he notice , shall_give the number and maturity of each bond being called , and the publication shall be at least I fifteen (15) days prior to the redemption date , In addition , notice by first class mail shall be mailed , fifteen ( 15) days piior to the redemption date , to the registered owner of each bond registered as to principal or as to principal and interest at the address of such owner reflected on the bond registration book of the City maintained by the Trustee and if all outstanding bonds shall be registered as to principal and interest , then notice by first class mail to the registered owners shall be sufficient , and it shall not be necessary to publish notice of the call . This bond may be registered as to principal or as to principal and interest and may be discharged from such registration , in the manner , with the effect and subject to the terms and conditions endorsed hereon . Subject to the provisions for registration endorsed hereon , nothing contained in this bond o;` in the Authorizing Inq - y ;- 2 1�lfil v , e f'IiCF j i Ordinance shall affect or impair the negotiability of this bond , and this bond shall be deemed a negotiable instrument under the laws of the State of Arkansas and issued with the intent that the laws of the State of Arkansas will govern its construction , This bond shall not be valid until it shall have been authenticated by the Certificate hereon duly signed by the Trustee , IT IS HEREBY CERTIFIED , RECITED AND DECLARED that all acts , con- , ditions and things required to exist , happen and be performed precedent to and in the issuance of the bonds have existed , have happened and have been performed in due time , form and manner as required by law ; that the indebtedness represented by the bonds does not exceed any constitutional or statutory limitation; and that sufficient revenue $ have been pledged to and will be set aside into the special fund provided in the Authorizing Ordinance for the purpose of paying the principal of and interest on the bonds . IN WITNESS WHEREOF , the City of Fayetteville , Arkansas , has caused this bond to be executed in its name by the facsimile signature of the Mayor , the manual signature of the City Clerk , and its corporate seal to be affixed , and has caused the interest coupons hereto attached to be executed by the facsimile signature of its Mayor , all as of the first day of February , 1979 . CITY OF FAYETTEVILLE , ARKANSAS By (Facsimile Signature ) Mayor ATTEST : City Clerk (SEAL) ❑ o ULlil f (F'onn of Coupon) No . $ June , On the first day of December , 19_ , the City of Fayetteville , Washington County , Arkansas , unless the bond to which this coupon is attached is paid prior thereto or unless the bond is registered as to interest in accordance with the provisions pertaining thereto set forth in the bond , hereby promises to pay to bearer , solely from the special fund referred to in the bond , DOLLARS in lawful money of the United States of America , at the principal office of Arkansas , being six (6) months interest then due on its Waterworks and Sewer Construction Revenue Bond , 1974 Series B , dated February 1 , 1974 , and numbered CITY OF FAYETTEVILLE , ARKANSAS By (Facsimile Signature ) Mayor (On each bond shall appear the following : ) CERTIFICATE This is one of the bonds of the City of Fayetteville , Arkansas , described herein , designated Waterworks and Sewer Construction Revenue Bonds , 1974 Series B . By Authorized Signature F;IGF449 PROVISIONS FOR REGISTRATION AND RECONVERSION This bond may be registered as to principal alone on !looks of the City , kept. by the Trustee as bond registrar , upon presentation hereof to the bond registrar , which shall make mention of such registration in the registration blank below , and this bond may thereafter be transferred only upon an assign- ment duly executed by the registered owner or his attorney or legal representative in such form as shall be satisfactory to the bond registrar , such transfer to be made on such books and endorsed hereon by the bond registrar . Such transfer may be to bearer , and thereafter transferability by delivery shall be restored , but this bond shall again be subject to successive registrations and transfers as before . The principal of this bond , if registered , unless registered to bearer , shall be payable only to or upon the order of the registered owner or his legal representative , Interest accruing on this bond will be paid only on presentation and surrender of the attached interest coupons as they respectively become due , and notwithstanding the registration of this bond as to principal. , the appurtenant interest coupons shall remain payable to bearer and shall continue to be transferable by delivery; provided , that if upon registration of this bond , or at any time thereafter while this bond is registered in the name of the owner , the unmatured coupons attached evidencing interest to be thereafter paid hereon shall be surrendered to said bond registrar , a statement to that effect will be endorsed hereon by the bond registrar and thereafter interest evidenced by such surrendered coupons may be paid by check or draft of the bond registrar at the times provided herein to the regisrered owner of this bond by mail to the address shown on the registration books , This bond when so converted into a bond registered as to both principal and interest may be re - converted into a coupon bond at the written request of the registered owner and upon presentation at the office of said bond registrar . Upon such reconversion the coupons representing the interest to become due thereafter to the date of maturity will again be attached to this bond and a statement will be endorsed hereon by the bond registrar in the registration blank below whether it is then registered as to principal or payable to bearer . e Manner of Signature of Date of Registration : Name of Registered Owner : Registration Bond Registrar rtln � 0irl Vii_.; PlCF 23 Page 12 Section 6 . It is hereby expressly found and declared that the provisions of Section 19 of Resolution No . 7- 63 (and Section 14 (2 ) of Ordinance No . 1508 and Section 15 (2) of the Series A Ordinance) pertaining to the issuance of parity bonds have been fully met and complied with and that , therefore , the bonds of this issue shall rank on a parity of security with the outstanding bonds . In this regard , the required Certificate of the independent certified public accountant shall be filed in the office of the City Clerk prior to the delivery of the bonds . _ Section 7 . The City covenants , reaffirms and agrees that all revenues derived from the System shall be kept separate and apart from other funds of the City . To that end the following special Funds have heretofore been created and are hereby reaffirmed : (a ) Waterworks and Sewer Fund ; (b) Waterworks and Sewer Revenue Refunding Bond Fund (the " Bond Fund " ) ; (c) Waterworks and Sewer Revenue Refunding Bond Reserve Fund (the', !' Reserve Fund " ) ; (d) Waterworks and Sewer Contingency Resewa-(the_.= - �-_ _ " Contingency Fund " ) ; (e) Waterworks and Sewer Repair and Replacement Fund (the " Repair and Replacement Fund " ) ; y (f) Waterworks and Sewer Sugl'us Revenue Fund (the " Surplus Revenue Fund") . Section 8 . The City covenants , reaffirms and agrees that so long as any of the principal of or interest on the bonds and outstanding bonds remains outstanding and unpaid , the entire revenues derived from the System shall be set aside when received and 'deposited in the Waterworks and Sewer Fund . There shall be disbursed therefrom each month such sums as are reasonable and proper for the costs of operation and maintenance of the System , and thereafter the remaining revenues shall be deposited in the Funds C_ Page 13 referred to in Section 7 of this Ordinance and in the -order of priority listed in Section 7. Section 9. The deposits in the Bond Fund shall be made on the first business day of each month (a) in the amounts required to be paid into such fund by Resolution No. 7-63, ordinance No. 1508 and the Series A Ordinance (for the outstanding bonds) plus (b) the amounts required for the payment of the principal and interest on the bonds and the Paying Agent's fees as the same be- come due in accordance with the schedule to be set out in the resolution of the Board of Directors adopted after the sale of the bonds (referred to in Section 3 hereof) . Such deposits for the bonds shall be as follows: (a) On the first business day of each month 1/6 of the next succeeding interest payment and Paying Agent's fees to become due on the bonds; (b) On the first business day of each month beginning June 1;1974, 1/12 of the next maturing principal payment and Paying Agent's fees on the bonds; and (c) Such amounts, if any be necessary, sufficient funds for the interest due No further payments need be made into'the contained therein and in the Reserve Fund is atle to provide June 1, 1974. Bondjund When the amount ist equal to the aggregate principal amount of the bonds and outstanding bonds then outstanding, plus y , the amount of interest then due or thereater to become due on all such bonds. All money paid into the Bond Fund shall be held by the City in trust for the holder or holders of the bonds and the outstanding bonds, and the coupons appertaining thereto, and the City shall not have any beneficial interest or right in such money. All money deposited in the Bond Fund shall be used solely for the purpose of paying interest on and the principal of the bonds and the out- standing bonds, together with the Paying Agent's fees, and for no other purpose. Page 14 Section 10. The required level of the Reserve Fund shall be increased by an amount equal to the average annual debt service (principal and interest) on the bonds. At the option of the City, all or any portion of the required increase may be deposited into the Reserve Fund out of the proceeds of the sale of the bonds or the increase (or the part not deposited out of bond proceeds) may be deposited out of revenues over the five-year period ending June 1, 1978 with not less than 20% of the increase (or the part not deposited out of bond proceeds) to be deposited during each of such five years. The Reserve Fund shall be maintained at the required level and shall be used for no purpose other than to prevent a default in the payment of the principal of and interest on the bonds and the outstanding bonds. In the event moneys from the Reserve Fund are utilized for the aforesaid purpose, the Fund shall be restored to the required level from the first moneys in the Waterworks and Sewer Fund available for the purpose. Section 11. There is now on deposit in the Contingency Fund the sum of not less than $100,000. The Contingency Fund shall be maintained at not less than that figure and shall be used only to the extent necessary to meet any emergency arising out of or affecting the continuous operation of the System as a revenue producing undertaking for which there are no other funds available or for preventing the default in the payment of principal of or interest on the bonds or outstanding bonds, or performing any covenant of the City for which there are no other funds available. In the event moneys from the Contingency Fund are expended for those purposes, or any of them, the Contingency Fund shall be restored to $100,000 from the first funds available in the Waterworks and Sewer Fund, as specified in Section 13 hereof. Section 12, There is now on deposit in the Repair and Replacement Fund the sum of not less than $50,000, The money in the Repair and Replace- ment Fund shall be used solely for the purpose of paying the costs of replacements D(F'u Ui P"x,234- Page 15 made necessary by the depreciation and/or obsolescence of the System and in the event moneys from the Repair and Replacement Fund are expended for those purposes, or any of them, the Repair and Replacement Fund shall be restored to $50,000 from the first funds available in the Waterworks and Sewer Fund, as specified in Section 13 hereof. Section 13. The deposits required to be made into the Reserve, Con- tingency, or the Repair and Replacement Funds by virtue of the preceding Sections shall be made on the first business clay of each month. If in any month the City shall for any reason fail to pay into the Funds the amounts required by Sections 9, 10, 11 and 12 hereof, amounts equivalent to such deficiency shall be set apart and paid into the Funds from the first available and unallocated revenues of the System for the following month or months (having the priority of application in the order the Funds are listed in Section 7), and such payments shall be in addition to the amounts hereinabove provided to be otherwise paid into the Funds during such month or months. Section 14. Any revenues remaining in the Waterworks and Sewer Fund after the payments required by Sections 7 through 12 hereof, shall be set aside and deposited into the Surplus Revenue Fund and, at the option of the City, may be used to call the bonds or the outstanding bonds for redemption or for the con- struction of improvements and betterments to the System, or for any lawful purpose. Section 15. The provisions of Sections 4, 10 through 20 and 23 of Resolution No. 7-G3 are hereby made applicable to the bonds and shall inure and appertain to the bonds to the same extent and with like force and effect as if set forth in full. A financial statement shall also be filed with the Trustee and Paying Agent. Any reference to "bonds" or Waterworks and Sewer Revenue Refunding Bonds" as contained in said Sections shall mean the outstanding bonds and the bonds of this issue. The intended effect of the incorporating of those nr0 �r� Oil p i),,u PACE �.+7' r. Page 16 provisions of Resolution No. 7-63 herein, shall be to make those. provisions fully applicable -to the bonds of this issue and the language of Resolution No. 7-63 shall be construed and interpreted to accomplish that intended effect. In this regard, however, it is expressly covenanted: (1) So. long as any of the outstanding bonds, or any of the bonds of this issue, or any bonds subsequently issued on a parity therewith, are outstanding and unpaid, principal and interest, the City shall always continuously and efficiently operate the System as a revenue producing undertaking and shall always charge and maintain in effect (and shall increase the same from time to time if and to the extent necessary) rates for the services of the System which will produce revenues at least adequate for the operation and maintenance expenses of the System, for making the required deposits into the Bond Fund for the purpose of paying the principal of, interest on and Paying Agent's fees in connection with the bonds, and the outstanding bonds, maintaining the Reserve Fund at the required level, maintaining the Contingency Fund at the required level, maintaining the Repair and Replacement Fund at the required level, and -discharging all other obligations of the City under Res lutio'r Ho. 7-63, 'Ordinance No. 1508, the.Series A Ordinance and under this Ordinance; (2) The provisions of Section 1.9'of Resolution No. 7-63 pertaining to the issuance of additional bonds sha31 be applicable with the result that the bonds - of this issue shall be included with the outstanding bonds and with any bonds then proposed to be issued insofar as the 133-1/3% coverage requirement for parity bonds is concerned; and (3) The investment provisions of Section 23 of Resolution No. 7-63 are intended to be applicable to any funds available for investment (except moneys in the Construction Fund created by Section 17of this Ordinance which contains express provisions) and shall be considered part of the particular fund out of which moneys are invested, with earnings credited to the fund and losses C)".. a orr; 0Z,f,{cr23.6 Page 17 charged against the fund, except when earnings in the Reserve Fund, the Contingency Reserve and the Repair and Replacement Fund increase the amount in the particular fund in excess of the required level of the particular fund the excess may be transferred to the Waterworks and Sewer Fund. Section 16. The bonds shall be subject to redemption prior to maturity as shall, be, set forth in the Notice of Sale of the bonds and in the im- plementing resolution approving the terms of the sale of the bonds. In this regard it is expressly understood that the redemption of the outstanding bonds and the redemption of the bonds of this issue is entirely separate so that there need be no proportionate or pro rata redemption of bonds and that the bonds of any issue may be redeemed, in accordance with the applicable redemption pro- visions pertaining to the particular issue, in whole or in part without any redemption of any of the bonds of any other issue. Section 17. That when the bonds have been executed and the seal of the City impressed as herein provided, they shall be delivered to the Trustee, which shall authenticate them and deliver them to the purchaser upon payment of the purchase price plus accrued interest from the date of the bonds to the date of delivery of the bonds (the "total sale proceeds"). The total sale proceeds shall be disbursed as follows: (a) The amount of the accrued interest shall be deposited into the Bond Fund; (b) Any amount specified, if any, in a Letter of Instructions signed by the Mayor and delivered to the Paying Agent, as an increase in the Reserve Fund shall be deposited into the Reserve Fund; and ori,i nT Pg 237 Page 18 (c) The balance of the total sale proceeds shall be paid into a special fund of the City which is hereby created and designated "1974 Water and Sewer Construction Fund" (the "Construction Fund'). The Construction Fund shall be maintained in a depository or depositories, designated from time to time by the Board of Directors of the City, that is a member of the Federal Deposit Insurance Corporation. The moneys in the Construction Fund in excess of the amount insured by the Federal Deposit Insurance Corporation, unless invested as hereafter specified, shall be continuously secured by bonds or other direct or fully guaranteed obligations of the United States of America, or bonds issued by the City, including these bonds. The moneys in the Construction Fund shall be disbursed for the payment of the cost of accomplishing the improvements, paying necessary expenses and making necessary expenditures incidental thereto, paying engineering fees, paying legal fees, and paying any expenses of the City incurred in the authorization and issuance of the bonds. Each disburse- ment shall be by check or warrant signed by the City Treasurer and the Manager of the System which shall reflect in respect of each payment: (1) The name of the person, firm or -corporation to whom payment is due; (2) The amount to be paid; and (3) The purpose by general classification for which the obligation to be paid was incurred. When the improvements have been completed and all authorized. expenditures from the Construction Fund have been made, if there be any remaining balance in the Construction Fund, the City Treasurer and the Manager of the System shall file a Certificate with the depository of the Construction Fund, with a copy of the Certificate to be filed in the office of the City Treasurer, stating that the improvements have been accomplished and that all authorized expenditures have been made and specifying the disposition to be made of the remaining balance in the Construction Fund. In this regard, any remaining balance may be used for redeeming bonds or may be transferred to the Bond 0�rti O.i2 Z\1S Page 19 Fund or the Reserve Fund. Upon receipt of.the Certificate the depository of the Construction Fund shall transfer or disburse the remaining balance as directed in the Certificate. Moneys in the Construction Fund may be invested and reinvested, as directed by the City Treasurer or Manager of the System, in direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United Stales of America, or in bank Certificates of Deposit or any other securities which constitute lawful investment of municipal funds under the laws of the State of Arkansas which shall mature not later than the dates that the moneys in the Construction Fund will be needed for the accomplish- ment of the improvements, as shall be determined by the City in its sole discretion. Investments shall be deemed at all times a part of the Construction Fund and any earnings shall be credited to the Construction Fund and any losses shall be charged to the Construction Fund. Section 18. The City and the Trustee covenant that neither of them shall take any action or suffer or permit any action to be taken or condition to exist which causes or may cause the interest payable on the bonds to be subject to federal income taxation. Without limiting the generality of the foregoing; the City and the Trustee covenant that the proceeds of the sale of the bonds will not be used directly or indirectly in such manner as to cause the bonds to be treated as "arbitrage bonds" within the meaning of Section 103(d) of the Internal Revenue Code of 1954, as amended. Section 19. That the Mayor is hereby directed to publish for one insertion in The Northwest Arkansas Times, Fayetteville, Arkansas, which is hereby found and declared to be a newspaper published in Fayetteville, Arkansas, and of general circulation therein, this Ordinance, to which shall be attached a notice signed by him in substantially the following form: 1. o<<, 0 4 f ACF 2$ NOTICE Notice is hereby given that the Board of Directors of the City of Fayetteville, Arkansas, has adopted the Ordinance hereinafter set out; that the City contemplates the issuance of the Waterworks and Sewer Construction Revenue Bonds, 7.974 Series B, described in the Ordinance; that is , any person interested may appear before the Board on the 18th" day of December 1973;yat 7 3R^o'clockP'.m., at the usual meeting place of the Board held in Fayetteville, Arkansas and present protests. At such hearing, all objections and suggestions will be heard, and the Board will take such action as is deemed proper in the premises. DATED this 4th day of December , 1973. 4 O.s;:, PACE ` O Page 21 Section 20. That this Ordinance shall not create any right of any kind, and no right of any kind shall arise hereunder pursuant to it until the bonds shall be issued and delivered. Section 21. That if any provision of this Ordinance shall for any reason be held illegal or invalid, such holdings shall not affect the validity of the remainder of the provisions of the ordinance. Section 22. That all ordinances, resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 23. That it is hereby ascertained and declared that the waterworks and sewer facilities of the City are inadequate for the present and for the foreseeable future and that by reason of such inadequacy the lives, property, and welfare of the City are in jeopardy. The hazard can be alleviated by the construction of the improvements but the bonds must be issued in order to obtain necessary funds for accomplishing the improvements. It is, therefore, declared that an emergency exists, and this ordinance being necessary for the immediate preservation of the public peace, health and safety, shall take effect and be in force from and after its passage. PASSED: L2cem{er , 1973. APPROVED: ATTEST: it £&4' Mayor �i i'1 'ICF241 . CERTIFICATE The undersigned, City Clerk of the City of Fayetteville, Arkansas, hereby certifies that the foregoing pages, numbered 1 to 21, inclusive, are a true and perfect copy of Ordinance No. 1966, adopted at a session of the Board of Directors of the City of Fayetteville, Arkansas, held at the regular meeting place of the Board of Directors at 7:30 o'clock p .m., on the 4th day of Decemb?�— 1973, and that the ordinance is of record in Ordinance Record Book No. IV at Pages 22-42 , now in my possession. GIVEN under my hand and seal on this 6th day of December , 1973. //th . Y4/in9a_ -- City C4k?rk Of hi 862 flnr ... CERTIFICATE STATE OF ARKANSAS CITY OF FAYETTEVILLE I, HELEN YOUNG, City Clerk within and for the City of Fayetteville, Arkansas, do hereby certify that the annexed and foregoing is a true and correct copy of the Fayetteville, Arkansas, Ordinance No. 1966_ therein set forth, and the same is as it appears of Record in Ordinance and Rebolution Book Volume IV at Page 23. 24. thereof. 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35,,36, 37, 38, 39, 40, 41, 42, 43,.and 44. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this 13th day of December , 1973 CERTIFICATE 0` ku;UrW "� "� ••.=• .ESTATE OF ARt'.ANS.'.S +, s ss. CITY RK 7 7 • 4 ' twashinter. County I • I, Alma L.R:II••;a;'-.;, Circuit Clerk and Ex -Officio Record -r for � 4 nor. ��„ , Washington Co:r, :4 r.o hereby certify that the ann,xed . r fare- going instrum.:nt wcs Ili D; ,cr re:ord in my office on the _(3 day "... of 1 J%3.a: j,•3:�iork A ra, and the same is -:_.. t..-- —N�.rd v _ .--- record���2at pagD�l duly recorded in_/9-- Witness my hand and seal t`'d __ eL, 1, ALMAKOLL Circ :it Clerk and Ex.C,,Iio Recorded 9y Q�J Deputy Clerk 862. ul e,CE2 • CERTIFICATE OF RECORD State of Ar:<anss ( City of Fayetteville SS I, Suzanne C. Kennedy, City Clerk and Ex -Officio recorder for the City of Fayetteville, do hereby certify that the annexed or fore- going is of record in my office and t'ie same ap- pears in Ordinance & f esnJ t :m book I I! at page— , , Witness my hand and seal this —day of ,19 City Clerk and Ex -Officio Recorder NOTICE Notice is hereby given that the Board of Directors of the City of Fayetteville, Arkansas, has adopted the Ordinance hereinafter set out; that the City contemplates the issuance of the Waterworks and Sewer Construction Revenue Bonds, 1974 Series B, described in the Ordinance; that any person interested may appear before the Board on the _182h —day of _pacemher 1973, at 7:30 o'clock: _.m. , at the usual meeting place of the Board held in Fayetteville, Arkansas and present protests. At such hearing all objections and suggestions will be heard, and the Board will take such action as is deemed proper in the premises. DATED this 4th_day of December , 1973. Mayor REPORT WATER DISTRIBUTION SYSTEM AND SEWERAGE SYSTEM IMPROVEMENTS INCLUDING COMPLETE SANITARY SEWER SYSTEMS FOR FARMINGTON AND GREENLAND FAYETTEVILLE, ARKANSAS REPORT DATED MAY, 1971 McGOODWIN, WILLIAMS AND YATES, INC. CONSULTING ENGINEERS - FAYETTEVILLE, ARKANSAS REV. AUG. 1971 L. M. McGOODWIN MCGOODWIN, WILLIAMS AND YATES, INC. 909 ROLLING HILLS DRIVE • O. T. WILLIAMS, JR. FAYETTEVILLE, ARK. 72701 L CARL YATES CONSULTING ENGINEERS TELEPHONE 443.3404 FAVEnEVILLE, ARKANSAS tJune 16, 1971 IRe: Report on Water Distribution System and Sewerage System Improvements, Including Complete Sanitary Sewer Systems for Farmington and Greenland I ' Mr. Wesley Howe City Manager City of Fayetteville ' Fayetteville, Arkansas 72701 Dear Mr. Howe: ' In compliance with your request, we have completed our study, and are submitting herewith our "Report on Water Distribution System and Sewerage System Improvements, Including Complete Sanitary Sewer Systems for Farmington and Greenland," for the City of Fayetteville. The report covers recommended construction and estimates of costs. If the city is to provide adequate water and sewerage facilities, it is imperative that the work outlined in the report be constructed as soon as practical. We trust that this report will meet with your approval, and will allow you to proceed with an orderly 1 expansion of these facilities. Respectfully submitted, � - J • arl Yates I I I • ' REPORT ON ' WATER DISTRIBUTION SYSTEM ' AND ' SEWERAGE SYSTEM IMPROVEMENTS 1 ' INCLUDING COMPLETE SANITARY SEWER SYSTEMS FOR FARMINGTON AND GREENLAND 1 ' FAYETTEVILLE, ARKANSAS 1 •' 1971 I. Pages 22 through 31 Revised - August, 1971 ' McG00DWIN, WILLIAMS AND YATES, INC. CONSULTING ENGINEERS - FAYETTEVILLE, ARKANSAS T A B L E 2! CONTENT I. Scope ------ ------------ ---------------------------- 1 II. Water Distribution System A. Existing System -------------------------------- 3 B. Proposed Water Distribution System Improvements -- 5 III. Sewerage System Improvements A. Introduction •9 B. Fayettev111e Area ------------------------------ 9 C. Greenland Area --------------------------------- 16 D. Farmington Area -------------------------------- 19 IV. Estimates of Costs A. General - ----- ------- --- ---------- - --- - - - - - 21 B. HUD Project - Fayetteville Area ---------------- 22 HUD Project - Greenland Area ------------------- 24 HUD Project - Farmington Area ------------------ 25 HUD Project - All Areas - - - ------ ------------- 26 C. PL 660 Project - Fayetteville Area ------------ 27 PL 660 Project - Greenland Area ---------------- 28 PL 660 Project - Farmington Area --------------- 29 PL 660 Project - All Areas --------------------- 30 SUMMARY OF PROJECT COSTS ----------------------- 31 V. Financing -----------=------------------------------ 32 I . I J I I I I L I LI I H I I 11 I I I REPORT ON WATER DISTRIBUTION SYSTEM AND SEWERAGE SYSTEM IMPROVEMENTS INCLUDING COMPLETE SANITARY SEWER SYSTEMS FOR FARMINGTON AND GREENLAND FAYETTEVILLE, ARKANSAS I. SCOPE. The engineering study which forms the subject of this report was authorized in December, 1970 by the Board of Directors of the City of Fayetteville, Arkansas. Our study includes an analysis of water distribution system improvements to provide adequate water service to all areas of the City of Fayetteville, and the reinforcement of service to the cities of Farmington, Greenland and Elkins. Our study also includes an analysis of the most feasible means of providing sanitary sewer service to three rapidly developing areas in Fayetteville, and providing complete sanitary sewer systems to the cities of Farmington and Greenland. In August of 1968 our firm, in cooperation with John E. Mahaffey and Associates, Inc., presented a report entitled "Supplemental Report, Water System Improvements, High Service Storage and Main Distribution." This report covered recommended water line and storage facility construction, designed to receive water from the Beaver Water Treatment Plant and to deliver the water to the areas of usage, as required. A portion of the recommended work has been completed. This study Li I I 1] I I I I I I I I I I I I re-evaluates and up -dates the recommendations set out in the above referred to report. In addition, this study also includes an analysis of needed facilities to provide adequate pressure for the rapidly developing area in the vicinity of Township Road between U. S. Highway 71 and Old Wire Road. Preliminary studies were made in 1966 and 1967 of the best means of providing sanitary sewer facilities to the cities of Farmington and Greenland. These studies have also been re-evaluated and up -dated. Our study of sewerage system improvements within the City of Fayetteville included not only an analysis of providing sewers to rapidly developing areas, but also an analysis of providing relief facilities for overloaded existing lift stations, force mains and gravity sewers. It should be noted that the work proposed follows very closely the recommendations of the Northwest Arkansas Regional Planning Commission as set out in their Regional Water and Sewer Plan, published in August, 1969. The three cities involved should be commended for their cooperation in developing these much needed facilities on a regional basis. This report is limited to engineering and factual information directly related to the study. Many features often found in such reports concerning population, economic growth, rainfall, transportation facilities and related items are not included herein, since such information is readily available to the city from other sources. 2 - I I II. WATER DISTRIBUTION SYSTEM. A. Existing System. 1. Supply and Treatment. At the present time, the City of ' Fayetteville takes raw water fran Lake Fayetteville and Lake Sequoyah. Water from these two sources is then treated in the existing treatment plant, and then flows into the distribution system. However, the city ' has been working toward obtaining water from Beaver Reservoir through the treatment facilities of Beaver Water District. To accomplish this, ' construction of a 36 inch treated water transmission line approximately 17 miles long, from the District's treatment facilities located east of ' Lowell, Arkansas to the city's distribution system, has been recently completed. A major expansion of the Beaver Treatment facilities is now under construction, and is expected to be completed during the late summer of 1971. When the expansion is completed, Fayetteville plans to purchase treated water from the District. Through its system, the City ' of Fayetteville furnishes treated water to the smaller communities of ' Greenland, Farmington and Elkins. The Greenland and Farmington systems are operated and maintained by Fayetteville. The Elkins system is ' furnished treated water through a master meter located near the east city limits of Fayetteville and is operated and maintained by the City ' of Elkins. ' 2. Distribution System. Basically, the distribution system consists of a 10 inch, 12 inch and 16 inch loop located generally on, or near, North Street on the north, Razorback Road on the west, Sixth Street on the south, and Olive Street on the east. Numerous lines of 1 I - 3 - H I I I I I I I L] I I I I I I I I I I various sizes extend inward from this loop to serve the major portion of the city. Several lines also extend outward from the loop to serve' the periphery of the city, including 8 inch lines to the three canmunities of Greenland, Farmington and Elkins. A recently completed portion of the distribution system is a 24 inch line commencing at the 36 inch treated water line on the Old Wire Road at Broadview, and extending generally west to Lewis Avenue. From here the line extends south to Hotz Drive, immediately east of the existing one million gallon elevated steel water tank. 3. System Storage. The city now has a total of ten million gallons of treated water storage at the system distribution elevation of 1,578 mean sea level. This storage consists of a three million gallon concrete reservoir at the Mt. Sequoyah treatment plant site; a one million and a new five million gallon steel ground storage tank at the Baxter Street site; and a one million gallon elevated storage tank on Markham Hill, in the west part of the city. A 250,000 gallon elevated storage tank serves the higher elevated areas in the vicinity of Mt. Sequoyah. the cities of Greenland and Farmington do not have storage separate from the Fayetteville system. However,. the City of Elkins, as a part of its system, does have a 100,000 gallon ground storage tank located at the master meter station. The system elevation of 1,578 mean sea level is adequate to provide distribution to all areas of the city, except the higher elevations of Mt. Sequoyah, West Mountain, South Mountain, and a rapidly developing high area along Township Road between U. S. Highway 71 and Old Wire Road. 4 - I B. Proposed Water Distribution System Improvements. As noted in Section I, a report entitled "Supplemental Report, Water System Improvements, High Service Storage and Main Distribution" was completed in 1968. This report recommended the construction of a ' main belt line loop to deliver water to the main use areas of the city. The north portion of the recommended belt loop has been recently ' completed. A major portion of the work proposed herein consists of the completion of this loop. The layout of the proposed work is shown on Sheet 2 of the attached plans. As shown thereon, the work will include the construction of a 30 inch line connecting to the existing 30 inch 1 treated water line at Rebecca and Mission Streets. The 30 inch line I. will extend south to Huntsville Road, and at this point the line size will be reduced to 24 inches, and will be extended south along [1 r I I I I I J I Morningside Drive to a point approximately one -quarter mile south of 15th Street. From this point, the line extends generally west to near the new Highway 71 Bypass. From here the line will run generally north to connect to the end of the existing 24 inch line on Hotz Drive, thereby completing the main belt line loop. Completion of the loop at this time is essential to: a. Reduce drawdown on the internal grid system that serves areas where new low rent housing is presently under construction at three locations within the city. Two of these facilities are for low income families, and the third is a high rise construction for the elderly. b. Provide adequate water supply into areas presently being 5 - J II ' developed into - or zoned for - low to medium incase housing near ' major thoroughfares and industrial areas. c. Reinforce the water mains that presently serve the communities of Greenland and Farmington. After completion of the sewerage systems, as later set out in this report, for these two cities, housing construction in these two communities is expected Ito increase rapidly. As set out in Section II -A above, the city now has a total of tten million gallons of storage at the distribution system elevation of 1,578 mean sea level. This includes a 3 million gallon concrete 1 reservoir located at the existing water treatment plant. This tank ' is in a very poor state of repair, and should be abandoned as soon as practical. Thus, leaving the city with only 7 million gallons of ' system storage. The 1968 report estimated that daily water usage for the city will average 12 million gallons per day by 1982. Consequently, we hereby recommend construction of additional system storage in the vicinity of the treatment plant in the amount of eight million gallons. This will then provide the city with 15 million gallons of system storage, or 3 million gallons in excess of the expected average daily use in 1982. The proposed site for the storage is shown on Sheet 3 of tthe attached preliminary plans. Work in two other areas is proposed as a part of this project, and is as follows: 1. Construction of a 12 inch waterline along Arkansas State I 6 - I [1 I I I I I I I I I I I L Highway 265 from Highway 16 East north to the 36 inch treated water line from the Beaver Treatment Plant. 2. Construction of a booster station and storage facilities in the Township Road area east of Highway 71. The Highway 265 area lying generally along the east side of the city is developing rapidly. Consequently, construction of the 12 inch line, as set out above, is necessary to: a. Provide reinforcing for the water main along Highway 16 East that serves the City of Elkins. The line that serves Elkins runs along Highway 16 East, along which major sewerage system improvements are proposed later in this report. With the completion of the sewerage system, housing development in the area is expected to accelerate. b. Provide adequate water service to two areas along Highway 265, where sites for schools have been purchased and will be developed in the near future. c. Provide service to an area along Highway 265, where a private development to provide low income housing is being planned for the near future. Id. Reinforce the existing 8 inch and 6 inch lines that extend into existing residential areas, to make service available to large I. tracts of land that are presently zoned for residential development. The main system overflow elevation is approximately 1,578 mean ' sea level. There is an area located on both sides of Township Road, 11 I - 7 - between North College Avenue and Old Wire Road, in which ground ' elevations rise to 1,520 mean sea level. Therefore, with storage tanks full, static pressure is approximately 25 pounds per square inch. With normal system drawdown, static pressures drop to approximately 20 pounds per square inch. This area is prime ' development land, with all utilities available. However, water pressure is not adequate to provide satisfactory service. To improve the water service to this area, and thus permit development, we propose the construction of an 85,000 gallon steel standpipe, booster station and connecting 6 inch water mains. The standpipe twill be set at an elevation to provide adequate pressure for the ' entire area. The location of work proposed is shown on Sheet 2 of the attached preliminary plans. I C C L I H C1 I I 8 - I I H I I J H I H I I I I I I I I I III. SEWERAGE SYSTEM IMPROVEMENTS. A. Introduction. The improvements proposed herein include: 1. Construction of lift stations, force mains, interceptor, main, and lateral sewer lines to serve three rapidly growing residential areas within the City of Fayetteville; along with construction of facilities to reduce overloading conditions at three existing sewage lift stations, which in turn overloads some existing sewer mains. All of these facilities are further described in the "Fayetteville Area" section that follows. 2. Construction of complete sewerage facilities to serve the "Greenland Area." 3. Construction of complete sewerage facilities to serve the "Farmington Area." These proposed facilities are also further described in sections that follow. In order to accomplish regional planning goals and for the mutual benefit of all concerned, Fayetteville and the cities of Greenland and Farmington have reached tentative agreement whereby the raw sewage from the two cities will be pumped into the Fayetteville system for treatment. The City of Fayetteville will operate and maintain the system within the two cities, once the facilities are constructed. B. Fayetteville Area. 1. Existing System. The City of Fayetteville completed construction of a new activated sludge type waste water treatment plant in 1969. The - 9 - H H I I I I I C C I H H I J I plant has a capacity of ten million gallons per day, with a present average daily loading of approximately five million gallons per day. The plant is located approximately four miles east of the down - town area, and on the west bank of the White River, with the effluent from the plant being discharged into the White River. Fayetteville and surrounding areas lie on two watersheds. The drainage from the eastern and southern portions of the area flows into the White River, with the drainage from the northern and western section flowing into the Illinois River. The sewage from that portion of the city on the White River watershed is carried by gravity through a new 36 inch ductile iron interceptor to the treatment facilities. The capacity of this interceptor is approximately 14 million gallons per day. The waste water collected on the Illinois River watershed is transmitted to the treatment facilities by means of two sewage lift stations and force main systems. One system serves the north and west portion of the city, generally bounded on the north by Poplar Street and on the east by North College Avenue. The sewage from this area is carried by gravity to three sewage lift stations located on Porter Road, Poplar Street and North Street. These three stations operate in series; that is, the sewage is pumped from the Porter Road station to a gravity sewer that flows into the Poplar Street station. From the Poplar Street station, the sewage is then pumped directly into the North Street station, from which it is pumped along the railroad to a gravity sewer that flows south, generally along the railroad from a point near Dickson Street. 10 - I I ' The capacity of North Street station, force main and receiving gravity sewer is approximately 3.5 million gallons per day, which is the capacity of this lift system. The remainder of the flow from the north slope is pumped by two sewage lift stations operating in series. The lower station is located on Mud Creek, near the Johnson community. The upper station ' is located at the intersection of Old Wire Road and Arkansas State Highway 265. These lift stations discharge into a 24 inch gravity ' line which runs generally west from the treatment plant site to a point just east of Highway 265 and, just north of Highway 45. The ' lift station and the 24 inch interceptor capacity is approximately 5.5 million gallons per day. 2. Proposed Improvements. a. Mount Comfort Area: The proposed work in the Mount Comfort area provides for the construction of a sewage lift station on ' Hamestring Creek, a short distance upstream from the confluence of 1 Hamestring and Clabber Creek. There are approximately 2,000 acres in the Hamestring Creek watershed, not presently served by sanitary ' sewers, that lie upstream from the proposed lift station site. Another 3,100 acres in the Clabber Creek watershed can be served by ' gravity into the lift station in the future. Preliminary plans call ' for the initial lift station to be designed so that additional pumps could be added and the wet well capacity increased with minimum ' expense in the future. I I I L L1 I I I I I I I I I I I I I In addition to the lift station, plans call for the construction of 12 inch force main, interceptor and main gravity sewer lines ranging in size from 15 inches down to 8 inches, and 6 inch lateral sewers to serve the existing 260 living units in the built-up areas of the watershed. All proposed facilities, except the 12 inch force main and lift station, have been watershed. Due to and economics, the development of the designed for the n designed to allow for maximum development on the the length, low flows during the development period, force main and lift station is not designed for full 5,100 acres. However, all facilities will be aar term development. The main interceptor sewer would generally parallel Hamestring from the lift station site up to and across the Highway 71 Bypass. The force main would follow approximately the same route, except it would continue upstream to the existing Porter Road lift station. The Porter Road station will be enlarged and some significant changes in pumping routes made. This work is itemized in the next section. The location of proposed facilities and the areas to be served are shown on Sheet 3 of the attached preliminary plans. b. Porter Road Lift Station Modification: As noted above, the Porter Road lift station discharges into the Poplar Street station, and the Poplar Street station into the North Street station. During periods of heavy rainfall the Poplar Street and North Street stations, as well as the receiving gravity sewer, are overloaded, with resulting discharge of untreated sewage into nearby streams. 12 - I 7 J I Li I H I I I C I I C [II Our studies reveal that the most feasible method of reducing this overloading would be to eliminate the discharge of the Porter Road station into the Poplar Street area. The Porter Road station has a present capacity of approximately 1,260 gallons per minute, or 1.8 million gallons per day. This is approximately 50% of the North Street station capacity. It is proposed to construct a new force main from the Porter Road station to the watershed divide along the Highway Ti Bypass. From this point, sewage would then flow by gravity through an interceptor, hereinafter proposed, into the existing gravity system. This routing has a major advantage in that the elevation over which sewage must be pumped is approximately 40 feet lower than either of the two existing routes. The Porter Road station will require modification to meet new pumping conditions, including the additional flow fran the Mount Comfort area. The location of the proposed facilities is shown on Sheet 3 of the attached preliminary plans. c. Highway 71 Bypass Interceptor Sewers: A major interceptor sewer line is required to be constructed around a portion of the south and west parts of town, generally parallel to the Highway 71 Bypass. The work included in this part of the project is as set out below, and as shown on Sheet 3 of the attached preliminary plans. (1) Construct a 24 inch interceptor beginning at the end of an existing 24 inch line at the railroad, south of the Highway 16 Bypass 1 - 13 I [1 I I I I I I I I I I I Li I I H The 24 inch line would run west and north to near the intersection of U. S. Highway 62 and U. S. Highway 71 Bypass. At this point, the line would receive sewage from the West Highway 62 and the Farmington areas, both in which improvements are proposed and are set out in the following sections. At the Highway 62.- 71 Bypass intersection, the line would be reduced to a 21 inch line and extended along the 71 Bypass to the top of the hill, at which point sewage from the Porter Road lift station would be pumped into the line. The capacity of this line will be approximately 4,000 gallons per minute. (2) Construction of a 24 inch interceptor sewer to parallel the existing 24 inch line from Price Avenue to a point west of Garland Avenue. The existing line in this area is laid on a grade that is not as steep as the existing 24 inch line upstream from this area. Therefore, overflowing occurs during periods of peak flows due to the reduced carrying capacity of the existing line. Capacity of both lines will be approximately 7,800 gallons per minute. (3) Construction of a 12 inch interceptor sewer from a point on an existing 24 inch line just south of Cato Springs Road on Cato Springs Branch, thence generally southwesterly with the Cato Springs Branch to the south side of the 71 Bypass. Construction of this line will allow for extensions to serve areas along either side of the 71 Bypass. The capacity of this line will be approximately 900 gallons per minute. d., Highway 62 West: The area proposed to be served includes that area along and either side of U. S. Highway 62, from the Highway 71 Bypass west to the city limits between Fayetteville and Farmington. Facilities 14 - LI I Li H I I I C] I I 11 I I I I I I I in this area have been designed to serve not only the existing 75 living units, but also to receive the pumpage from the proposed Farmington system and approximately 1,400 acres of undeveloped land that can be served into the proposed system. The work proposed to be done includes: (1) Construction of sewage lift station north of Highway 62 at the city limits between Farmington and Fayetteville. (2) Construction of force main, interceptor, main and lateral sewers to serve the area along Highway 62 West, as described above. Due to the convenient access to the Ti Bypass from U. S. Highway 62, and due to the fact that U. S. Highway 62 is itself a major thoroughfare, development pressure in this area is expected to accelerate upon completion of the Ti Bypass. Generally, soil conditions in the area prohibit use of septic tanks, which are usually unsatisfactory even in well drained soils. Major trunk line sewers must be extended into this area, not only to alleviate some existing health hazards, but, also, to help provide for orderly growth of the area in the future. The work proposed and the area to be served are shown on Sheet 3 of the attached preliminary plans. e. Highway 16 East - Baldwin Area: This area is a rapidly growing residential and commercial area that is presently served with water by the city. Construction planned to serve these areas includes: 15 - Li I H I I I [1 I I I I I I H I I I I (1) A sewage lift station located near the West Fork of the White River bridge on Highway 16 East, along with main gravity sewers to serve the area approximately one-half mile west from the bridge. The sewage would be pumped through a force math to the city's main interceptor sewer located approximately 1,300 feet north of the proposed lift station site. (2) Construction of a sewage lift station almost due north of the Baldwin community. Extension of interceptors, mains and lateral sewers from the lift station site to serve 201 existing houses. Construction of force main sewer from the lift station site to the city's main interceptor located approximately 3,000 feet north and east of the proposed lift station site. The lift station, force main, and the interceptor sewer running south and east are designed to receive sewage from future lift stations serving Elkins and other Fayetteville areas. It is anticipated that Elkins will construct a complete sewerage system as soon as it is economically feasible. The work proposed and areas to be served are shown on Sheet 4 of the attached preliminary plans. C. Greenland Area. 1. General. The City of Greenland is located south of Fayetteville on U. S. Highway 71. The north limits of the city are contiguous with the south limits of Fayetteville. Greenland has a current population of 650, according to the 1970 census, The city has a central water system 16 - I J I I I H I I I I I I I I I I I H I that is supplied with treated water from the Fayetteville system, with its system being operated and maintained under contract with Fayetteville. Greenland does not have a public sewer system. Presently, waste disposal is by means of individual septic tank installations. Sub -surface soil conditions in the area are not conducive to proper operation of septic tank systems. Because of the poor soil conditions, the density of septic tanks in some areas of the town, and for other reasons, many of 'the individual septic tank installations operate improperly, causing dangerous bacteria to seep to the ground surface and eventually flow into the West Fork of White River, and thence into White River and Beaver Lake. In 1967, our firm conducted a detailed study, and prepared a report entitled "Report on Sanitary Sewer System and Waterworks Improvements" for the City of Greenland, Arkansas. Our study revealed, and the report pointed out, two possible methods of waste water disposal for the city. First, the report set out the possibility of Greenland constructing - in addition to collection facilities - a waste water treatment facility; and, secondly, the city could attempt to enter into a contract with the City of Fayetteville. to treat sewage from the City of Greenland through Fayetteville's treatment facility. We recommended that the City of Greenland should make every effort to enter into an agreement with the City of Fayetteville for 17 - I. I the treatment of waste water. The 1969 regional Water and Sewer Plan published by the Northwest Arkansas Regional Planning Commission makes the same recommendation. I I I I I I I I r I I I I I The cities of Greenland and Fayetteville have followed the recommendations of these two reports, and have reached a tentative agreement whereby the sewage fran the Greenland area will be pumped into the Fayetteville system for treatment, and whereby the City of Fayetteville will operate and maintain the proposed collection and pumping system after construction is complete. 2. Proposed Facilities. We propose that the City of Greenland construct a sewage lift station near the south end of the Drake Field runway, along with interceptor, main and lateral sewers, for the collection of sewage throughout the city. Sewage would then flow by gravity into the lift station. A force main sewer would be required to pump the sewage through to the top of the hill just north of the Drake Field administration building. The sewage would then flow by gravity through a proposed interceptor into a recently constructed sewage lift station in the Fayetteville system. The Fayetteville lift station is located northeast of the north end of the airport runway. The system, as proposed, would serve approximately 200 customers, including residences, commercial establishments, schools and churches. The proposed work and area to be served are shown on Sheet 5 of the attached preliminary plans. 18 - I D. Farmington Area. ' 1. General. The City of Farmington is a rapidly growing residential community located on U. S. Highway 62, west of Fayetteville. The east limits of the city are contiguous with the ' west limits of the City of Fayetteville. According to the 1970 census, the City of Farmington has a population of 908. The city has a central water system that is supplied with treated water from the Fayetteville system, with the system being operated and maintained under contract with the City of Fayetteville. ' Farmington does not have a public sewer system. The present method of waste disposal is by use of individual septic tanks. The same general problems are present in the Farmington area as in the Greenland area with septic tank installations. 1 In 1966, our firm conducted studies and made recommendations Ito the City Council of Farmington regarding possible methods of collection and treatment of waste water. Our study set out the problem and expense of constructing and operating a small sewage treatment plant for the city. At that time we recommended, as did the 1969 Northwest Arkansas Regional Planning Commission regional ' Water and Sewer Plan, that the city should enter into an agreement with the City of Fayetteville whereby the waste water from the Farmington area could be pumped into the Fayetteville system for treatment. These two cities are now working out details of this agreement. H 1 - - 19 - H I1 2. Proposed Facilities. We propose that the City of Farmington construct a sewage lift station in the northwest part of the city, approximately one-half mile north of the public school on the North Fork of the Farmington Branch. Interceptor, main and lateral gravity sewers would need to be constructed south and east from the lift station site to collect and deliver sewage to the ' lift station for pumping into the Fayetteville system. A force main would be required to pump the sewage to a lift station proposed to be constructed by the City of Fayetteville at the east city limits ' of Farmington. The lift station proposed to be constructed by Fayetteville has been discussed earlier in this report. The system, as proposed, would be designed so that it could be extended to serve a total drainage area of approximately 1,200 acres. Initially, the system would serve 302 potential customers, including residences, commercial establishments, schools and churches. The work proposed and the area to be served are shown on Sheet 6 of the attached preliminary plans.. L I I - 20 - I Li IV. ESTIMATES OF COSTS. A. General. Cost Estimates for all work proposed, as hereinbefore set out, are included hereinafter. It is anticipated that Federal grants will be available to assist in the construction of the work from the I H H I I I H I I I I Department of Housing and Urban Development and from the Environmental Protection Agency. If grants are obtained from these two agencies, the local share of the costs will be borne by the City of Fayetteville for that portion of the work in Fayetteville, and by municipal improvement districts within the cities of Farmington and Greenland. Consequently, the work will be constructed under two projects, as follows: 1. That portion of the work which is eligible for grant assistance from the Department of Housing and Urban Development, and that work which is not eligible for any grant assistance, will be constructed as one project, and is hereinafter referred to as the HUD project. 2. That portion of the work which is eligible for grant assistance from the Environmental Protection Agency, under Public Law 660, will be constructed as one project, and is hereinafter referred to as the PL 660 project. Based upon the above, detailed coat estimates for both projects are set out below and reflect the total costs, including grants and the local share which will be borne by each of the three cities. 21 - I I B. HUD PROJECT - 1 a. Eligible Construction Costs: • 6,300 L.F. 26,200 L.F. 29,300 L.F. ' 3,000 L.F. 11 Each 17 Each I. 6 Each 12 Each 24 Each ' 6 Each 1 Each 1 Each ' 3 Each 1 Each 1 Each 7,100 Tons 1,500 Tons 6o c.Y. Lump Sum ' Lump Sum Lump Sum Lump Sum I 7,600 L.F. 12" V.C.P. Sewers @ $5.50 - ------------------------ 15,200 L.F. l0" V.C.P. Sewers @ $4.25 ---------- ' 29,000 L.F. 8" V.C.P. Sewers @ $3.60 ------------------------ 14,400 L.F. 6" V.C.P. Sewers @ $3.00 ------------------------ L.F. 12" D.I.P. Sewers @ $8.00 ------------------------ U.500 300 L.F. 8" C.I.P. @ $5.00 ----------------- - ----------- 194 Each Manholes @ $240.00 ------------------------------- 1 Each Railroad Crossing @ $2,000.00 - ------------ I 2 Each Highway Crossing (4 Lane) @ $3,500.00 9 Each __--::_--__- Highway Crossing (2 Lane) @ $1,500.00 4,000 C.Y. Rock Excavation @ $8.00 -------------------------- 6,540 L.F. Extra Depth Trench @ $1.00 ----------------------- ' 7,400 Tons Crushed Stone @ $3.50 ---------------------------- 820 Tons Asphalt Repair @ $15.00 -------------------------- FAYETTEVILLE AREA �0"" Water Line @ $32.00 -------------------------- 24" Water Line @ $19.00 -------------------------- 12" Water Line @ $8.00 . --------------------------- 6" Water Line @ $4.00 --------------------------- 24" Valves @ $2,400.00 --------------------------- 12" Valves @ $400.00 ----------------------------- 6" Valves @ $150.00 ------- -------------------- Fire Hyd (24" and 30" Lines) @ $900.00 ----------- Fire Hyd (12" Lines) @ $350.00 ------------------- Air Release Valves @ $700.00 --------------------- Railroad Crossing (1 Track) @ $1,500.00 ---------- Railroad Crossing (3 Track) @ $3,500.00 ---------- Highway Crossing (Minor) @ $1,700.00 ------------- Highway Crossing (U.S. 71) @ $7,000.00 ----------- Highway Crossing (4 Lane) @ $3,000.00 ------------ Crushed Stone @ $4.00 ---------------------------- Asphalt Paving Repair @ $15.00 ------------------- Class B Concrete Encasement @ $40.00 ------------- Miscellaneous Ties ------------------------------- 8 MG Storage Tank -------------------------------- 85,000 gallon Standpipe -------------------------- Water Booster Station - - - -------- - - - ----------- - - - El 201,600 497,800 234,400 12,000 26,400 6,800 900 10,800 8;400 4,200 1,500 3,500 5,100 7,000 3,000 28,400 22,500 2,400 17,000 500,000 34,000 10,000 Sub -Total (Eligible Water) ----------------------------- $1,637,700 C I I $ 41,800 64,600 104,400 43,200 4,000 1,500 46,560 2,000 7,000 13,500 32,000 6,540 25,900 12,300 Sub -Total (Eligible Sewers) ---------------------------- $ 405,300 TOTAL - Eligible Construction Revised - August, 1971 22 _ $2,043,000 L B. HUD PROJECT - 1. FAYETTEVILLE AREA (Continued) b. Ineligible Construction Costs: ' 2`2,100 L.F. 6" V.C.P. Sewers @ $3.00 ------------------------- $ 66,300 84 Each Manholes @ $240.00 ------------------------------- 20,160 ' 3,340 L.F. Extra Depth Trench @ $1.00--- ____- -- 3 340 2,150 C.Y. Rock Excavation @ $8.00 17,200 2,200 Tons Crushed Stone @ $3.50 ----- ----------------------- 7,700 3 Each Highway Crossings @ $1,500.00 -------------------- 4,500 Estimated Ineligible Construction Cost ------------------ $ 119,200 c. Summary: HUD PROJECT - Fayetteville Area Ii. Land and Rights -of -Way ........................................ $ 45 000 2. Construction.................................................. 2,0 14.3,000 3. Contingency................................................... 102,000 ' 4. Estimated Grant Base (lines 1, 2 and 3) ....................... $2,190,000 a. Adjusted grant base $ 5. Estimated Grant (line 5a plus 5b) $1,095,000 ' a. Project (50% of line 4 or 4a) ..... $1,095,000 b. Relocation payments ....................................... -0-. 6.. Other project costs ........................................... 390,000 a. Ineligible facilities ......................... $ 126,000 ' (1) Land $ 800 (2) Construction 1199,200 (3) Contingency.................. 6,000 ' b. Engineering services .......................a.. $ 181,700 (1) Basic fee $ 181,700 (2) Resident inspection .......... (3) Other .......................a ' c. Legal expenses ................................ 17,200 d. Administrative expenses 10;000 e. Capitalized interest -0- (1) During construction .......... $ (2) During development ........... f. Other equipment, supplies and materials ....... ' g. Other costs - Audit Expense ................... 1,800 h. Government field expense 2,500 i. Project contingency 50,800 7. Total project cost (sum of lines 4, 5b, and 6) ................ $2,580,000 I II - 23 - Revised - August, 1971 B. HUD PROJECT - 2. GREENLAND AREA a. Eligible Construction Costs: 2,700 L.F. 8" V.C.P. @ $3.60 -------------------------------- $ 9,720 ' ------------------------------- 19,270 L.F. M"holes. @ 22.00 15,750 70 Each Manholes @ $220.00 15;400 4,080 L.F. Extra Depth Trench @ $1.00 ----------------------- 4,080 ' 1,100 C.Y. Rock Excavation @ $8.00 ---------------------------- 8;800 1,000 Tons Crushed Stone @ $3.50 3,500 100 Tons Asphalt Paving @ $15.00 ------------------------- 1,500 40 C.Y. Class A Concrete @ $125.00 ----------------------- 5,000 ' 3 Each Railroad Crossings @ $1,250.00 -------------------- 3,750 3 Each Highway Crossings @ $1,500.00 4,500 ' Estimated Eligible Construction Cost -------------------- $ 114,000 b. Ineligible Construction Costs: 10,200 L.F. 6" V.C.P. @ $3.00 -------------------------------- $ 30,600 35 Each Manholes @ $220.00 ------------------------------- 7,700 3,000 L.F. Extra Depth Trench @ $1.00 ----------------------- 3,000 500 C.Y. Rock Excavation @ $8.00 -------------------------- 4,000 ' 500 Tons Crushed Stone @ $3.50 ---------------------------- 1,750 70 Tons Paving Repair @ $15.00 1,050 1 Each Railroad Crossing @ $1,300.00 -------------------- 1,300 Estimated Ineligible Construction Cost ------------------ $ 49,400 c. Summary: HUD PROJECT - Greenland Area Ii. Land and Rights-of-Way...........a............a......a........ $ 1,300 2. Construction.................................................. 114000 3. Contingency........................a....a.........a.......a... 5,700 ' 4. Estimated Grant Base (lines 1, 2 and 3) ....................... $ 121,000 a. Adjusted grant base ........................... $ 5. Estimated Grant (line 5a plus 5b) ................. $60,500 ' a. Project (50% of line 4 or 4a) ..... $ 60,500 b. Relocation payments................a...................... -0- 6. Other project costs........................a........a......... 114,000 a. Ineligible facilities ......................... $ 52,000 ' (1) Land ......................... $ 200 (2) Construction................. 49,400 (3) Contingency .................. 2 0 ' b. Engineering services .......................... $ 16,200 (1) Basic fee .................... $ 16,200 (2) Resident inspection .......... ' (3) Other ........................ c. Legal expenses...................a............ 1,300 d. Administrative expenses ....................... 500 e. Capitalized interest .......................... ' (1) During construction .......... $ (2) During development ........... f. Other equipment, supplies and materials ....... ' g. Other costs...................a...........a..a h. Government field expense ...................... 1. Project contingency x,000 7. Total project cost (sum of lines 4, 5b, and 6) ................ $ 195,000 ' Revised - 24 - August, 1911 I B. HUD PROTECT - 3. FARMINGTON AREA a. Eligible Construction Costs: 2,800 L.F. 8" v.C.P. @ $3.60 -------------------------------- $ 10,080 I. 19,870 L.F. 6" v.C.P. @ $3.00 -------------------------------- 59,610 75 Each Manholes @ $220.00 ___________________ ------------ 16,500 3,010 L.F. Extra Depth Trench @ $1.00 ----------------------- 3 010 ' 2,600 C.Y. Rock Excavation $5.00 -------------------------- 12,100 600 Tons Crushed $3.50 -- Stone @ 2,100 4 Each Arkansas State Highway Crossings @ $1,200.00 4,800 400 Tons Asphalt Paving @ $15.00 -------------------------- 6,000 Estimated Eligible Construction Cost -------------------- $ 119,700 b. Ineligible Construction Costs: ' 17,870 L. F. 6" it. C.P. @ $3.00 -------------------------------- $ 53,610 67 Each Manholes @ $220.00 ------------------------------- 14,740 ' 2,000 L.F. Extra Depth Trench @ $0.50 __ - 1,000 --- 1,800 C.Y. Rock Excavation @ $8.00 14,40o 500 Tons Crushed Stone @ $3.50 ----------------------------1,750 1,100 Tons Asphalt Paving @ $15.00 -------------------------- 16,500 Estimated Ineligible Construction Cost ------------------ $ 102,000 ' c. Summary: HUD PROTECT - Farmington Area 1. Land and Rights -of -Way ........................................ $ 4,300 ' 2. Construction.................................................. 119700 3. Contingency......................a..................a.a.a..... 6,000 4. Estimated Grant Base (lines 1, 2 and 3) $ 130,000 a. Adjusted grant base ........................... $ ' 5. Estimated Grant (line 5a plus 5b) ................. $ 65, 0 a. Project (50% of line 4 or 4a) ..... $ 65,000 b. Relocation payments..........a..................a......a.. -0- ' 6. Other project costs........................a...........a...... 135,000 a. Ineligible facilities ......................... $ 107,000 (1) Land $ -0- (2) Construction ................. 102,000 (3) Contingency.................. 5,000 b. Engineering services $ 20,900 (1) Basic fee .................... $ 20,900 (2) Resident inspection .......... (3) Other ........................ c. Legal expenses ................................ 1,000 Id. Administrative expenses ....................... 1,100 e. Capitalized interest .......................... (1) „During construction .......... $ (2) During development ........... f. Other equipment, supplies and materials ....... g. Other costs............a.a..a.......a......... h. Government field expense ...................... i. Project contingency 5,000 7. Total project cost (sum of lines 4, 5b, and 6) ................ $ 265,000 I Revised - ' August, 1971 - 25 - I I I [1 B. HUD PROJECT - 4. SUMMATION ALL AREAS FAYETTEVILLE - GREENLAND - FARMINGTON ' 1. Land and Rights -of -Way ........................................ $ 50,600 2. Construction.................................................. 2,276,100 I3. Contingency................................................... 113,700 ,000 4. Estimated Grant Base (lines 1,,2 and 3) ....................... $2,441________ a. Adjusted grant base $ N.A. 5. Estimated Grant (line 5a plus 5b) ................. $1,220,500 ' a. Project (50% of line 4 or 4a) ...... $1,220,500 b. Relocation payments ....................................... -0- 6. Other project costs ........................................... 599,000 ' a. Ineligible facilities ......................... $ 285,000 (1) Land ......................... $ 1 000 (2) Construction ................. 270,600 ' (3) Contingency .................. 13,400 b. Engineering services .......................... $ 218,800 (1) Basic fee $ 218,800 (2) Resident inspection .......... (3) Other ........................ c. Legal expenses ................................ 19 500 d. Administrative expenses 11,600 ' e. Capitalized interest .......................... -0- (1) During construction .......... $ (2) During development ........... I f. Other equipment, supplies and materials ....... -0- g. Other costs - Audit expense ................... 1500 h. Government field expense ...................... 2,500 I. Project contingency .......................... 59,500 1 7. Total project cost (sum of lines 4, 5b, and 6) ................ $3,040,000 I I I I I Revised - August, 1971 - 26 - I I I a C. PL 660 PROJECT - 1. FAYETTEVILLE AREA Eligible Construction Costs: ' 5,800 L. F. 24" V.C.P. @ $14 .50 ---------------- $ 84,100 4,800 L.F. 21" -------------- V.C.P. @ $12.50 60,000 7,900 L.F. 15" V.C.P. @ $7.00 ------------------------------- 55,300 ' 900 L.F. 24" D.I.P. @ $17.00 ------------------------------ 15,300 7,100 L.F. 20" D.I.P. @ $14.50 ------------------------------ 102,950 17,900 L.F. 12" D.I.P. @ $8.00 -----------•-------------------- 143,200 ' 4,300 L. F. 8" C.I.P. @ $5.00 ------------------------------- 21,500 82 Each Manholes @ $240.00 19,680 3 Each Highway Crossings (4 Lane) @ $4,000.00 ----------- 12,000 2 Each Highway Crossings (2 Lane) @ $2,000.00 ----------- 4,000 3,300 C.Y. Rock Excavation @ $8.00 -------------------------- 26,400 7,520 L.F. Extra Depth Trench @ $1.00 ----------------------- 7,520 2,500 Tons Crushed Stone @ $3.50 --------------- --- ---------- 8,750 220 Tons Asphalt @ $15.00 --------------------------------- 3,300 1 Each Railroad Crossing @ $2,000.00 -------------------- 2,000 2 Each Lift Stations @ $25,000.00 ----------------------- 50,000 1 Each Lift Station @ $35,000.00 ----- --------------- 35,000 1 Each Lift Station @ $54,000.00 , 54 000 1 Each Lift Station Enlargement @ $20,000.00 ------------ 20,000 ' Estimated Construction Costs ---------------------- ------ $ 725,000 ' b. Summary: PL 660 PROJECT - Fayetteville Area I I I I I I II Item Total Estimated Cost Distribution Cost PL 66o Arkansas Local Grant State Grant Share Construction $ 725,000 $398,700 $181,300 $145,000 Engineering 58,000 31,900 14,500 11,600 Legal 3,500 1,900 900 700 Administrative 2,500 1,400 600 500 Project Contingency 72,000 39,600 18,000 14,400 Sub -Totals $ 861,000 $473,500 $215,300 $172,200 Land and Rights -of -Way 10,000 10,000 TOTALS $ 871,000 $473,500 $215,300 $182,200 Revised - 27 August, 1971 L� C. PL 66o PROTECT - 2. GREENLAND AREA a. Eligible Construction Costs: 2,200 L.F. 10" V.C.P. Sewers @ $3.60 ------------------------ $ 17,920 I 2,200 L.F. 8" Y.C.P. Sewers @ $3.60 7,920 6,000 L.F. 8" C.I.P. Force Main Sewers @ $4.50 27,000 22 Each Manholes @ $220.00 ------------------------- ------ 4,840 4,030 L.F. Extra Depth Trench @ $1.00 ----------------------- 4,030 300 C.Y. Rock Excavation @ $8.00 -------------------------- 2,400 500 Tons Crushed Stone @ $3.50 ---------------------------- 1,750 1 Each Highway Crossing @ $2,200.00 --------------------- 2,200 Lump Sum Sewage Lift Station @ $17,000.00 ----------------- 17,000 Estimated Construction Costs ---------------------------- $ 81,000 I b. Summary: PL 660 PROTECT - Greenland Area Cost Distribution Total Item Estimated Cost PL 66o Arkansas Local Grant State Grant Share Construction $ 81,000 $ 44,500 $ 20,200 $ 16,300 Engineering 7,800 4,300 2,000 1,500 Legal 1,000 550 250 200 Administrative 500 250 150 100 Project Contingency 7,000 3,800 1,700 1,500 Sub -Totals $ 97,300 $ 53,400 $ 24,300 $ 19,600 Land and Rights -of -Way 2,700 2,700 TOTALS $ 100,000 $ 53,400 $ 24,300 $ 22,300 I I I I - 28 - Resed - August,9gu1 71 I C. PL 66o PROJECT - 3. FARMINGT0N AREA a. Eligible Construction Costs: 7,400 L.F. 8" V.C.P. Sewers @ $3.60 ------------------------- $ 26,640 8,800 L.F. 8" C.I.P. Sewers @ $4.50 ------------=------------ 39,600 28 Each Manholes @ $220.00 ------------------------------- 6,160 1,050 L.F. Extra Depth Trench @ $1.00 ----------------------- 1,050 700 C.Y. Rock Excavation @ $8.00 -------------------------- 5,600 300 Tons Crushed Stone @ $3.50____ 1,050 1 Each Highway Crossing @ $1,200.00 --------------------- 1,200 Lump Sum Sewage Lift Station @ $18,000.00 ----------------- 18,000 Estimated Construction Costs ---------------------------- b. Summary: PL 660 PROTECT - Farmington Area $ 99,300 Item Total Estimated Cost Distribution Cost PL 660 Arkansas Local Grant State Grant Share Construction $ 99,300 $ 54,600 $ 24,800 $ 19,900 Engineering 9,600 5,300 2,400 1,900 Legal 1,500 800 boo 300 Administrative 1,200 700 300 200 Project Contingency 9,400 5,200 2,400 1,800 Sub -Totals $ 121,000 $ 66,600 $ 30,300 $ 24100 land and Rights -of -Way 1,500 1,500 TOTALS $ 122,500 $ 66,600 $ 30,300 $ 25,600 Revised - • - �9 - August, 1971 C. PL 66o PROTECT - 4. SUMMATION I. ALL AREAS FAYET'TEVILLE - GREENLAND - FARMINGTON Cost Distribution Total Estimated Area Cost PL 660 Arkansas Local Grant State Grant Share ' Fayetteville $ 871,000 $473,500 $215,300 $182,200 Greenland 100,000 53,400 24,300 22,300 ' Farmington 122,500 66,600 30,300 25,600 TOTALS $1,093,500 $593,500 $269,900 $230,100 •I H - 30 - Revised - ' August, 1971 v r� O ' O H ri . m w 3 O N Sit U1 ' W m . a. C 7 in r+ ri O ' y O O S. VN H W O H O H HG) ti O Cu . Di P o O O (nI ¢T o U +' r4+) O N k W • ' O to O M fCLJ a w a OI 'O y C O u; qa a Cu 1 [W� N m FU. O O U W Cu '. a r+ ' 0 0- H N U O W C O Di ro V in `N O a ' r-1 U 0 O O C . ' C) ra. Revised- August, 1971 0i m > a w Si +3 ¢ +-' w O 0 . U' O' N O O M O 0 . Cu O O 00 a. U.' 0 O a. H O O m O M . N O M . Cu O O w U1 O' 0 U1 . O O UN . m a It r-+ v d O O ti en m O a. m H O O en O m O 'O U-' Cu N 0 V1 a. O O 0 m O m O . N O O . In 0 O a. It' O 8 O N 0 4, m I. O O UN In m a a. O a. O r4 O O\ a. O\ Cu O O a. O' O . N 0 M O . O u1 en 8 . rn N O O 0 m N8 O 7 O M O N N ri -3 H f H I I. 1 1 1 I. V. FINANCING. As set out in the preceding section, the total estimated cost of the work proposed is $x+,133,500.00. However, it is anticipated that grants will be available, to assist in the construction of this work, from the Department of Housing and Urban Development and from the Environmental Protection Agency. Also, a portion of the work will be eligible for grants from the State of Arkansas. Included on the preceding page is a table giving a summary of estimated project cost, setting out the possible Federal and State grants, and the local share of the cost. As shown thereon, the estimated local share for the work to be constructed within the City of Fayetteville is $1,595,300.00; for that portion of the work within the City of Greenland, $153,500.00; and for that portion of the work within the City of Farmington, $220,300.00. It is planned that each of the three communities involved will provide financing for the local share of the cost of the work to be done in their respective area. It is anticipated that the.City of Fayetteville will fund its portion by the issuance of revenue bonds. Although we have not made an analysis, we understand that bonds can be issued to fund the local share of the cost. It is anticipated that the cities of Greenland and Farmington will fund their share of.the cost by the formation of municipal sever districts. We have been advised that after the improvement districts are formed in each of these two communities, bonds can be issued to defray the local share in each of the communities. 32 - c Cooperative Corp. on Drive roman & Dry Cleaning It Street s. M. Doyle Webb ional Travel rkansas Plaza ante Justis ompany "a South Company s. Will J. Schell I Home liege elson and Staff and Cabinet Shop regg wood and Cliff Ward ling Company hip Road ]ds and Employees [neal Products Company outh r and Employees unty Farmers Mutual e Co. d Personnel Service liege s. Walter LaRue Store ter e rket Arkansas s. Shorty Yates • Furnishings South s. Kenneth Dennis rue Store f Square rold and Pearl Clinehens company chool d Employees Carpets & Furniture ter t and Employees toter Company South es orated chool m Ray rim Company lock p and Employees ^'s-uctlon East s. Ron Sherwood SI Pa lops: L- y park. 111-b., HOUSE, new. famished. Two bed. 'very exclusive, washer and dryer garment. Queen size posturepedic 417481. DaooM furnished apartment. bills Phone 4424063. ON'T WASTE MONEY ON GASOLINE one block from campus and LOLLING SWORTH ARMS APARTMENTS or has openings for January. & 2 Bedroom furnished apartments 521-3835 or 521-77922 and two bedroom irn had. clean tents near University. 36O-$1. No Phone 4422770. nedroom furnished, wail -to -wan car- entral heal, air conditlming, gar - disposal, good furniture, off street g. 4435546 after 4, RBAOE PLAZA. Two bedrooms, nine, eanpletely tumishe all bills walking distance to University. gle January L 9A-5176 or 5i1- faisl' apartment and unfurnished avaiMbie Dec. 15 and flee, 20. to untveratty. No dogs or children. Marine 5ffiAl. 42M ONLY, FA rip. Cottage in d n" v countryside, 10 minutes campus, vas published to the regular daily issue of said newspaper for i pertinent 2 blocks from campus. 1. loaenr�'r -4nsertiov as follows: drogton apartment - igrpr — $100 — month and middle age The first insertion on the I LY{(times day . preferred d a — phone 49.61.25. of mU tie second insertion on the day of third insertion on the _ __ day of q TATE of ARKANSAS J} �'/"�f`88. County of Washington .1• ('�L� 'QtcvJro..hereby certify that I ni th Putlfisher ofHE NORTH EST ARKANSAS TIMES, a daily newspaper having a second class mailing privilege, and being not less than our pages of five columns each, published at a fixed place of business and at I fixed (daily) intervals continuously in the City of Fayetteville, County of Nashington. Arkansas for more than a period of twelve months, circulated �rid distributed from an established place of business to subscribers and aders generally of all classes in the City & County for a definite price for ach copy, or a fixed price per annum, which price was fixed at what is :onsidered the value of the publication, based upon the news value and iervice value it contains, that at least fifty percent of the subscribers hereto have paid cash for their subscriptions to the newspaper or its agents r through recognized news dealers over a period of at least six months; .rid that the said newspaper publishes an average of more than forty percent laws matter. I further certify that the legal notice hereto attached in the matter of APARTMENTS 'GAS HEATING (We Pay The Gan) CHATEAU INC.e 1764 N. Leverett Fayetteville 521.3313 :HATEAU IVw 1764 N. Leveret[ Fayetteville 521-3313 KEN CLAIRE 1900 N. Garland Fayetteville 442-8981 'OLONIAL ARMS* 1211 N. Leverett Fayetteville $21-2116 ENNY LYNN* 11 South Duncan Fayettevale till -7240 I ARTMENTS AVAILABLE to bedroom $103 Month to bedroom $121 Month ree bedroom $138 Month Lilities paid — central heat 'r -conditioning — unfurnished .milies. SHINGTON PLAZA a 4RTMENTS 1655 N. Lewis 521-3073 Hours: 8:30 a.m.-5:30 p.m. ed Saturdays and Sundays SID 1 bedroom apartment In — large and clean — garage — edroom furnished apartment, 590, paid, no pets, East 45 Phone and Two bedroom apartments, o University and convenient to g area. 4424022 or after 5, 521- 521-1566. JLL CREEK APTS. 900 N. Leverett 521-2761 Did 3 bedroom furnished of Dished. All utilities paid, twc Zing pools, tennis courts y. grocery, gas facilities. alt coed. extra nice one bedroom apart Carpeted, paneled, stove & re f Square ,r furnished, $85 plus electricity y and Employees East 43. Phone 44348115. :R for one or two, furnished, we .d conveniently located. Pbont p -vice Station or 4429466. ckson r -- TREMENDC :..ern Discount Center ti west most automobile f s. W. E. Ratcliff 3 Cadillac. A trerr CoInstruction Co., Inc. one or two year of al Bldg and Employees . for less than $50( -on Studios of Fayetteville See HATFIELD PC .allege For These count City N. College hopping Center and Employees `� I act Company, Inc JOIL C( ter r�I� r 'y/nI{' r I state V ` V \J"P College rnd Associates Weird & Comoany s Shopping Center is"Pen , tit and Employees count Center T01em e purpose of paying tie ends uconstrl improvements to • eoe-m'), cont Sewer System (the "System'n and poring the exorcises or authprizing and <-1111g thy. b..,d, Brick and -': M1,....R rut ! .p at ,n One and OI Three Bedroc WOODLA 5PR ro i -•IL : i ,-onn'] WESTF( P c e "bulb i lz rig Ord i ,re'1 and a WE ith:nsa re c nn ;neon doves of othout Eton n any eoneid ul lnn.nl or atgen(nryl a It'on The boric ,Ire ant general T 1000/o VA LOANS Y➢lions of It he City hut are sperm! Ii, nines pj\vnb'e solely rmm net: ht 95% CONVI . -i.. rant from u:.. e,,,.r,n ., n,. 1 li F .ti rit,t 1 Ee 1 Il Ieeu I Pnr ua Y in Ar:63. ednpcod and , -p- on an "d i rn r [don �rI - t and ae'Re tl'^: oru ark? end $,c HeCCn1P R1 Hire F•re. 1 d d_ KELLEY BRO X1508 Ii ...,I Phone 44: Vthu etc I. ! - oure nnl to ono Nights and Weeke and approved ni .... •..: u I r. nd the fourth insertion on the (_._ -- day of _ _. _______ .__ 19 NHS ^ -.._.... Sworn to and subscribed before melon this .._/1..- day of .. ----------- Commission Expires: 19..7 -. No y Public ORDINANCE NO. INS AN ORDINANCE PROVmtwn wnc Fees for Printing __. lf.. (3 ••••.•...•... .va a runr.JU Ve FINANCING TT@ COST OF CON -622 STRUCTING EXTENSIONS, BETTER MENTS AND IMPROVEMENTS To Cost of Proof . _-----Jt WATEEWORKS AND SEWER - --,----_-- SYSTEM. TOBE LOCATED OUTSIDE CITY; THE CI; PROVIDING FOR TE �'r NT OF ETHE PCI PAI. OF Total _..-_._-.-_ :,- ------- -Q AND INTEREST ON THE BONDS; PRESCRIBING OTHER MATTERS RELATING THERETO: AND DECLARING AN EMERGENCY. WHEREAS, the City of Fayetteville. Arkansas (the "City") owns and operate, a municipal Waterworks and Stever System (the "System"); and WHEREAS, the City has nutsnmdmg an issue of Waterworks and Sewer Revenue Refunding Bonds, dated June 1, 1963 (the "1963 Bonds'), in the original principal amount of $5,313,800 or which 33.695,009 in principal amount are now outstanding, Issued under and sen;rod by the provisions of Resolution No 763 of the City, adopted and approved on April 8, 1963 ("Resolution No. 761'); an issue of Waterworks and Sewer Revenue Bonds, Series l%6, dated Sep tember 1, 1966 (the "1966 Bonds") in the original principal amount of $1,3ogfo1 of which 34.300,000 In principal amount are now outstanding, Issued tinder and secured by the provisions of Ordinance No. 1508, adopted and approved on August 9, 1966 ("Ordinance No. 1508"): and an issue of Waterworks and Sewer Revenue Bonds, Series 1969. dated February 1, 1969 (the "1969 Bonds"). in the original principal amount -of $90000 n, will $865,000 in prnrclpal nmounl In m 'outstanding, Issued tinder and 'e. err 'by the provisional of Ordinance No. In..: adopted and approved February 3, 1411 ("Ordinance No. 1653"); and i WHEREAS, it Is necessary that rr City construct extensions, betterment. at-- rnprovementq In the Fresco :Op movements"), which Improvements n be located outside the corporate Iim1 of the City; and WHEREAS the estimated cost of mp1'uvenre nit and of authorizing at Zc,ing ones Is S1, 311!:1x1, an- WHEREAS, here has heel prep ] by a duly eualllied consulnn: nn.:r a preliminary report and estlmates "Series A Ordinance") (collectively the and outstanding bonds remalna oub of any of the bonds of any other issue. covering the improvements, which have "outstanding bonds''). An amount of standing and unpaid, the entire revenues Section 17. That when the bonds have been studied by the Board of Director, System revenues sufficient to pay the derived from the System shall be set been executed and the seal of the City Find a copy filed in the office of the principal of and interest on be bonds, aside when received and deposited in impressed as herein provided, they shall Cur Clerk, to which reference may be and be outstanding bonds Is to be set'' the Waterworks and Sewer Fund. There be delivered to the Trustee, which Nall Imlae by an mtere fed party; and aside in a special fund for that purpose shall be disbursed therefrom each month authenticate them and deliver them to the lfIiERF.AS. in order to finance such idensied as the "Waterworb and Sewer such sums as are reasonable and proper purchaser upon payment of be purchase ens'. 1: is nece•+ary 'r r the City to Issue Revenue Refunding Blind Fund'cre::b d for the costs or operation and mein- Price plus Accrued interest from the date mcenue (ends uhe "buns"); and by Section 5 of Reelidlon No. 703.. tenanee of the System, and thereaftef of be bonds to the date of delivery of N dERF:.9S, the City .a authorizing, for Reference is hereby made to be Auiho l the remaining revenues shall he deposited be bonds (the "total sale proceeds'), issuance simultaneously with be Issuance rizing Ordinance, RMlutlOtz No. 163, 1 in the Funds referred to in Section 7 The total sale proceeds shall be disbursed that I of these bonds, bonds (in be hone: Ordinance No. 1]98 and the Seres A Of this Ordinance and in be order of as follows: daily amount of $3,370,the 000) for putyosa Ordiaaoce, for a dusted statement of priority listed in Section 7. (a) The amount of the accrued interest of financing extensions, betit meats 'and MAT nature and --J of the security, l Section 9. The deposits in the Bond - ball be deposited into the Bond Fund; I than improvements to the System Inside the the ir1lag1st/as and oyHga{1oas of be City, 1, Fund shall be made on the ❑rst business- ,hi Any amount recifled, if any, In corporate limits of tie City (called ere the TrYdbs and Y koldees and reglsl dnv or each month (a) in the amounts . a Letter of Iirtructiona signed by the Ind at 'only of Fayetletdlle,' A7kansaa, W-br- tend. -Tiers of.tM:F 1- and the terms required to he fluid into such fund by i• Mayor and delivered b the Paying Agent, 3. works and Sewer Refunding and Con- and ti0ns as an Increase Indelivered the Reserve Fund Fit of uructbn Revenue Bonds, 1W74 Series A'• are which the bons, lied the n No. x63, Ordinance once No. 1.508 bqd. without limitationrates and Series A b) (for the ball be deposited into the Reserve Fund; elated but herein the Seri" A Bonds''), and We }0 m m rates' Outstanding bond•') plus Io) the amounts antl the Series A Binds (which are ptsdeing be 'ill ant - byre eve- required for the payment of the principal i Icl The balance poi of the total safe Pt1s. •S and authorized by on Ordinance No. 1185, adopted be AYIMJet fe 1M Mme rave ! and interest on the bonds and the Paving Reds sMS be Paid Into a elated fund of ce for and approved (d a the 4th day of Deem- pee few flmithertor ex- � Agent's fees as the same become due the fed which k hereby age fed and des - her , 197] (the •'Sorted A Orinanee") pews, for BOyrnent of ledin accordance with the ache herself ')9)4 Water and Sever Coas[rub hat to shall be engaged by ayprincipal te,t. dole to be pledge of e S clam of aid sub Sand the w[. cal out in the resolution of the Board tlon Fund' (the "Construction Fund''). P and revrne" on a parity with the pl"p atfpllg the other of Directors adopted after the sale of The Construction Fund shall be meln- securmg thaw bonds; and bap. m Authorizing the bonds (referred to in Section 3 twined in a depository or depositories, ,ribers It flFdt.EA.3, the outatanmeg 19® Baas OMsoea No 73, 1 hereof). Such deposits for the bonds shall designated from time to time by the Will !fe "imsd from the .,m."9 of Ordinance ltt BM and the Series A I be as follows: Board of Director, of the City, that Is agents be Se"Ist A Bonds: and OMlnalae) at requbad levels. (a) On the first business day of each a member of the Federal Ilepmlt jns"r wllaAs. references herein l0 "oub The. boo0}+ redemption month 1$ of the nest succeeding interest stile (:nrporation. The controls in the onehs; Standing hopds" shall mein the 1 b 9M SamalkA[If AmRI. ,Payment and Paying Agent's fees b Construction Fund in excess of the Pont, the 1906 Bond and the Was Notice at eq' redemption shall become due on the bonds; amount insured by the Federal Deposit ereent A sands: nod M time In • newspaper (b) On the M1rst business day of each Insurance Corporation, unless invested e1 WHEREAS, bonds can be horsed on pubs' - In the City of Little Rock, I month beginning June L 19;1, 113 of hereafter specified, shall be contlnously a parity of security with_tha oaf -mg AKg0,1 g a reerei drew the next maturing principal payment and secured by bonds or other direct or ter Of bonds provided m the CaOditbne at forth Ims State of Arkansas [Paying Agent's fees on the bonds: and fu "' guaranteed obligations of the United in Section 14 ll of Rewlutie No. 7th (aid The mils ye the number and (F) Such amounts, if any be necessary, ' States of America. or bonds Issued by and se N(]) of Ordbapee. It 1308 matulflt rid being called, and to provide surfirirnt funds for the interest be CII y. Including these bond..,. The and Section INS) of the Saris Ordl- sit p I be at leset fifteen in duo- June 1, 1914. - moneysthe Construction Fund shall ce) Nof Du am halt d both and_____ M (15) days prey be by redemptloa date. into further payments need be made Co disbursed for the payment of the yr. of Dire. has d 'tubed Ike those m tbyo f(15) dam mail the Bond Fund when e Reserve I Cost of nec'e arIc inn the Improvements, condltlos bag bin s w1 l bD.(S 'ad that lie' (data, (15) pays prior, contained therein and in re paying tiecetla M1' excennci and making that, therefore, the band- will b,1��Ityyd to the ladlmpllpn date, b the reglsG'red' Fund is at least equal to the aggregate necessary expenditures incidental thereto, on and will rank an a pMp s e-rarLL1 ownyt boo bond ngiolend K to! principal amount of the bond, and oub paying engineering fees, paying legal with the 041 THEREpg Ma DrraraDaz s u to principal a,, Merest standing bonds then outstantlmg, plus iM tees, and laying any rxpnnsel of the NOW, 1'liE Rl' -B/- 1T OR- at the address or such owner SMi c d.. amount of interest then due or thereafter City incurred in (he authorization and DAINED by the of on the bond registration book f the Ito become due on all such bonds. All issuance of the bonds. Each disbursement be City of Fayette City maintained by the Trysts,md If money paid into the Bond Fund shall shall be by check or warrant signed the /]� Section 1. matmatmob be all pwetmdtog bonds shell be raSrered be (geld by the olty in ;fist for the hold, by the City Treasurer and the Manager ` accomplished as aM ebb. In as to pllpdpal and mtereel, tPetptee Cr or holders of the bonds and the w0. of the System which shall reflect in this regard, the apjoaID eRkias of by firs elan' mail to the .reed startling bonds, and the coupons apprn respect of each payment: be City be and, the. sr, hereby owners shall be sufficient, and It ball taming thereto, and the Ctv Mall nM (1) The name of be person, firm orb authorized b excess. Y1r,pmbele and net be n ceawry m publish •.!allot of have an beneLcral interest or right m eoporation to whom payment is due; instruments and take all agtkp necessary the can. t such money. (2) The amount to be paid; and to accomplish the ImpiSeMenb and to This bond may be wgisterr✓sn in, All money deposited In the Bond Fund ' (3) The purpose by general classifies. carry out the o W ay owhrrud by ihls principal or s to prnndpnl and.rfetst I shall be used solely for Me purpose Von for which the obligation to be paid OMinanc, and b evkks tL assets. and may be �ebarged from alts►-, is of paying interest on and the principal was incurred. thereof. Iration, In the manner, with lL,rlcll of the bonds and the outstanding bonds When the improvements have been Section 1. That sumac the authority and subject AS the terms and coadgans l together with the Paying Agent's fees, completed and all authorized expenditures B-- - of the Constitution and laws of be Slate endorsed buwat Subject to tin prlwSns and for no other purpose, from the Construction Fund have been of Arkansas, Including particmatly Act for registration endorsed berept mringl Section 10. The required level of the made, if there be any remaining balance No. 131 of the Acts of Arkansas of 193], contained in this bond or lab Atlpri.' Reserve Fond shall he increased by Am In the Construction Fund. the City as amended, Act No. 132 of the Acts zing Ordinance shall affect or Impair; anvnmt equal to the average annual debt Treasurer and We Manager of the System _.____.. of Arkansas of 1933, as amended, and the negotiability of this bond, and 'this salve (principal and interest) on the shall file a Certificate with the depository Art No. 297 of the Acts of Arkansas bond shall be deemed a negogable intro. I binds. At the option of the City, all or the Construction Fund, with a copy of 1937, as amended, and tM decision ment upper ih0 laws of the Stab or or one pinion of the required increase of the Certificate to be filed In be office or d O Supreme Court of We Stab of An sdp ttlth the. that' may be deposited into the Reserve Fund of the City Treasurer, stating that the Ark Units cal Ibarrimn V. Braswell; 1p b laws Iii .will Out of the proceeds of the sale of the Improvements have been accomplishedArk I1S 191 SW. 3d 11 09x- City g0K ggI bunda or the increase (or the part nut and that all authorized expenditures have o 1 el oneville, Arkansas Wabrwob Il d'Iroted out a( bond prxzetlsl may M been made antl specifying ma disposition Sena' ConstmCUao Rus•BOndq 4 peeythe deps:led out of revenue" over to be made of the remaining balance Ser c B, are bereby authorind andthe the lye. year period ending June In the Construction Funtl. In this regard, or $1 hall in dsF l nciiry 1 ].mt Ti I sylyyand1 site out loci late than 20 per any remaining balance may bt usfe for orishall boar Interest payable wry 1. 1 1, an psu t of the ids absr Inc the pn nbe to the Bri bonds or may Ra t e de Fund.rred in y d reci b ten bbl N lira tl p s m I nut of antl Proceeds) zo be to the Bond Funtl C tiro Reserve Fund. 'K!2' toa( tl 'J3ddH%i fo! tbe wvpoaea Sal fw0 IT.in $t. rct,i fo of this poses et Tke ANDns deposited dove each shall such maintained(a years. Upon of of the Certificate the dtrans --- Tth Reserve Fund d sell foot"or i Construction Fund shell trans 1974, and semiannually thereafter on each s the beds have Periled, have at the required level and shall be used far disburse be recate. g balance June 1 and December L The bends'.*W happ. d and have beet, performed in for no purpose other than to prevent as directed in the Certificate, be negotiable coupon bonds psyabb b due 114, form and manner as required a default in the Payment of the principal Moneys b the Construction Fund may bearer but shall be subject to npstrsfoo by Iswthe that the Indebtedness represented Of and interest on the bonds and the be invested and reinvested, as directed - _ as to principal or as b mr pe'Ipai and by the eons does not exceed any conslioutstanding bonds. In the event moneys by the City Treasurer or Manager of 966 ,It Ti5ul', shall be b the' denomination. ubonal or statutory limitation; and that Iron, the Reserve Fund are utilized for the System, In direct obligation, of, or lD(NC FOR Fit ^+) each and shill su fficient be numbered sufficient revenues have been pledged the aforesaid purpose, the Fund shall obligations the principal of and interest t,l II H; FI -e; ii!Icoly from 1-B upwards. The lm m and will be set aside into the special be restored to the required level froon which are unconditionally guaranteed STRI l'. shall mnmre on June 1 of each 1, fund provided in the Authorizing Ordi- the first moneys in the Waterworks and Iy, the Cn.trd $taus or America, or s!i_a SPL.b I ,s tulloac Fiance for the purpose of paying the I Sewer Fund available for the purpose. In bans Certificates of Deposit or any ZTTEVIL F.. 1: A>IT. Pl9R AMT. principal of and interest on be bonds, i Section II. There is now on deposit other securities which constitute lawful ImPOSE OF gR.MO per, I m om IN WITNESS WHEREOF, the City of in the Contingency Fund the sun of investment of municipal funds under the I OF CON �' !n.0p0 19 ' 701B) Fayetteville, Arkansas, has caused this I not less than $100,000. The Contingency laws of the State of Arkansas which IL BETTER. 4a.611(l 11141 noon bond to be executed in its name by the Fund shall be maintained at not less shall mature not later than the dates MENTS TO 4)000 19Sg 7;, 11 facsimile signature of the Mayor, thel than that figure and shall be used only that the moneys in be Construction Fund 4D SEWERI 4-nvl I'tct R).Ne manual signature of the City Clerk, andto the extent necessary to meet any will be needed for be accompllMraent:D OUTSIDE villa) rI-1 5IWI its corporate seal to be affixed, an emergency arising out of or affecting of the Improvements, as shall be deter- FOR THE' W 1101( 1'd:l 99,Opll� he caused the Interest coupons honTo the ran: nnr,uc ,gvreti,,n of 1'.., c..u-m mine ^v IF- C,1y In 9• role C:crr,'tinv.N('If AI, 1)1' 95,wH attached to be executed by the fay,.. ' - p1 Ml •:vet IT, W signature of its Mayor, all as fiptxlU 1^pl 110. and first day of February, 1971. 'inn 3, The Mayor shall cause a CITY OF FAYETTEVILLE. ARKA`, l ) of Side to be. Prepared, select By • VJ - ' for the Pnbl:c Sale and publish IF'aMm'Ia Signature) funnm_ +•tic revenant n: ins City for otherwise cirstrbute Celli" of Uel ATTEST: whit'h there are no mhrr antis s.yYyatlable, of and other information In Sui T In she (Sell: money, Ir'AII le C. an Cr as he shall de: Fortune (after r� City Clerk tinge nay Fund re cyan did for Iaose to :urn with bond covn.el and the City's (SEAL) purpomses. Fir aof cal,,:1. the Comm. r:, agent) sell result in the sire of (Form of coupon) treaty Fund shall be roamed to $100,000 On sin the most favorable erms. No. $ from the first funds available in the in. l'M1r S sic' of silo shall amain the On the List day of June, ;lvicember Waterworks and Sewer Fund, as specified Inn at 'i of mattpn, including nppropriate 1- the City of Fayetteville, W'ashinglon in Section 13 hereof. C 1 rid ,d,. iro )lovni,,nl. After the sale the] County, Arkansas, unless the bond b Section 12. There is now on deposit Pr, ct. Board of U,vctos shall, by appropriate which this coupon is attached is paid in the Repair and Replacement Fund out be teed directly or n': resolution, Floridanthe'tale of the bonds prior thereto or unless the bond blithe sum of not less than $30,000. The such manner K to sum the in the successful bidder and In that I registered as to Interest in accordance money in be Repair and Replacement be treated as "arbitrage bond=" . ,lotion shall set Icrth the details or: ` , h the provisions pertaining thereto Fund shall be used solely for the purpose the meaning of Section 103 (d) ,,I u,e bonds, including number.ng, rate or set forth In the bond, hereby promises of paying be costs of replacements made Internal Revenue Code of 1954, as and seiner -.est, redemption provisions and the to pay to bearer, solely from the scedal necessary by the depreciation ender amended, p, dated Sep ale and Pay111g .Agent. fund referred b in the bond, obsolescence of the System and in the Section 19. That the Mayor Is hereby Bends'' -:.'eon 4 . That the bonds shall be; ---- DOLLARS event moneys from the Repair and directed to publish for one Insertion mrtkt6tt or es.•amed ml behalf no the City by the In lawful money of the United States Replacement Fund are expanded for those Northwest Arkansas Times, Fayetbvfe.{Clp: Mayor and City Clerk and shall have [of America, at the principal office of: purposes, or any of them, the Repair Arkansas, which is hereby found and IIIIIIGGGGGG---,,,--- 1 'more cad thereon the seal of the City - - - -------, -- Iand Replacement Fund shall be restored declared to be a newspaper published• N :pond, cla, tea esetl-:e h)' the. Arkansas, being six (6) months interest Ito $50,009 from the first funds available In Fayetteville, Arkansas, and of r mote signature of (he Mayor and then duo an its Waterworks and Sewer In the Waterworks and Sewer Funtl, at' circulation therein, this Ordin ',serest coupons attached to the bonds l Construction Revenue Bond, 1974 Series ) specified In Section 13 hereof. which shall be attached a ens be executed by the (acsimiie signs. B, dated February 1, 1974, and numbered Section 13. The deposits reputed b by him In substantially the lo,. ni,ng of be Mayor, will the Iarsimlle be made into the Reserve, Contingency, form: n ti:,. 1ture of the Mayor m have the same CITY OF F A Y E T T E VI L LE or the Repair and Replacement Funds NOTICE loon and effect as if perronaliY signed ARKANSAS by virtue of the preceding Sections Ma;I Notice is hereby given that the Board fuel rim. The bonds must be executed BY (Pat5llNlie Signature) I be made on the first business day of of Directors of the City of Fayetteville am,. Tile manual signature of the City Mayor leach month. If in any month be City Arkansas, has adopted the Ordbancelnep The bonds, together with interest (On each bond shall appear tbeI shall for any reason roll to pay into hereinafter set out; Met the City content. briml �,•n. shalt be payable solely out of following:) the Funds the amounts required by planes be issuance of the Waterworksd hand Fund iherelnafler referred to). CERTIFICATE Sections 9, 10, 11 and 12 hereof, amounts and Sewer Construction Revenue Bonds,sary ! hall be a valid Nairn of the holders This is one of the bonds of the city. equivalent to such deficiency shall be 1974 Series B, described in be Ordinance; alter, if on!v ngsnst tin, Bond Fund and of Fayetteville, Arkansas, described set apart and paid into the Funds from that any person interested may appear:.,,' race::te' I 'ifed to the Bond' herein, designated Waterworks and sewer 'the first available and unallocated before the Board on the Iatb day of tv wh,l, revri'nues I revenues l Construction Revenue Bonds, 1974 Series revenues of the System for the following 'fl,r,^, I r ' r id from the operation of my System) B. month or months (having the p lorlty at l ereby pledged and mortgaged for of application in the order the Funds h, emal and ramble payment of the _ are listed in Section 7). and such preset' Ina..'. A:-',!. I.I;.r.ud '.,)al or and interest on the bends By I payments shall bo in addition to the objections and suggestions will he hoar'. Ie outstanding bonds and shall M Authorized Signature I amounts hereinabove provided to be land be Board Will lake such cation In accordance with the Pmvisicins I PROVISIONS FOR REGISTRATION j otherwise paid into the Funds during me is deem" proper In be premises. insulation No. 7-W. Ordinance No.1 AND RECONVERSION such month or months. DATED this 4th day of December, 1973. 11'8, the Series A Ordinance and this I This bond may be registered as b Section 14. Any revenues remaining In Russell T. Purdy, Ordinance. Theprincipal the Waterworks and Sewer Farad after ' Mayor principal c and interest of kealone on books of re Car, payments required by Sections 7 I !n, lens f the not constitute yr, ids upon by the Tomah as bond reestran the Secea 20. any That this Ordinance shall , r!ness of the City sell. any goo, upon presentation hereof to the bonr1and through 12 hereof, shall be set aside ant create kind dht of any kind, am -n < t,1(1: '. rep rep it 10 , which shall h make mention oft sun tle and, ,tea into me Surplus Revenue , pp right of any nshall atarise hereunder be ''on 5 . Thin p.O al'."born and Mowing bolo , ant In the may blank Fund at the litheion the City, .pursuant and to it Bred the bonds shall be be m enhr,hN, rl!a the full Clerk traisf. :mil this bond may mnt duly may be used m toll the bonds or the !issued delivered, and (he ?F. err :md O:y Clerk etrxecuted li only upn to assignment nerno dons theoutconstruction odinr bonds for mprooreciemen or lid ' seidRI. That it any Prrvison of hereby ak reSi' authsr con aetl ea oota" by the registered at i or his the n of stem, or for any this Ordinance valid f" any reason be g to make nil recitals contained mt°cony OF' it' reprrx•nta'ic„ in su'1I beOrrmer is to the System, or any notd fct or invalid, such holdings shall env ry '.,, 0111 Asa of of provisions the stof to of nit remainder UNITED STATES ARKANSAS AMSRICA - ° antSecains of the of o li or SNTY OF WASENGT Resolution to Section 22. ts all on concest COUNTY OF WASHINGTON diHca t to lons and parts thereof d conflict CITY OF FWATER VILLE e i set - I:, ,.,au tr.-a appertain herewith are hereby repealed b the —per cent WATERWORKS AND by delivery Mall be reabred but this ..,... same extent and extent of such conflict. SEWER bond shall again be subject to successive with like force and erect as if set forth Section 23. That it is hereby ascertaIned REVENUE BOND 1974 SERIES B registrations and transfers as before, The in full. A financial statement shall also and declared that the waterworks and No. - $5,Oo0 Principal or this bond, if registered, be filed with the Trustee and. Peang fewer fadlitiM of the City are Inadequate KNOW ALL MEN BY THESE unless registered to bearer, shall be Agent. Any reference b 'boa " or for the present and for be foreseeable PRESENTS: payable only b or upon the order of Waterworks and Sewer Re....- Be- future and that by reason of such Inside. That be City of Fayetteville, County the registered owner or his legal repre- funding Bonds" as contained in aid yuacy the lives, property, and welfare of Washington. Stab of Arkansas (the sentative, Interest counting an this bond Sections shall mean the outstanding bonds of the City are in Jeopardy. The hazard "City"), acknowledges itself to owe, and will be paid only on presentation and and the bonds of His issue. Tip Imeeded can be alleviated by the construction for value received. hereby promises to surrender of the attached interest coupons effect of the incorporating of the" of the improvements but the bonds must pay to bearer, or if this bond be regis- as they respectively become due. and provisions of Resolution No, y63 herein, be issued in order to obtain necessary- tared to the registered owner hereof, notwithstanding the registration of this shall be to make those pfully funds for accomplishing the improve - solely from the special fund provided bond as to principal, the appurtenant applicable Be the bonds oof f this is Issue Terms. It is, therefore, declared that tic hereinafter set forth, the principal interest coupons shell remain payable and the language of Resolution No. 763 an emergency exists, and this ordinance Fir to bearer and shall continue m betrans- shall be construed and mInmlgreled to being necessary for the Immediate FIVE THOUSAND DOLLARS (arable by delivery; provided, that If accompllM that intended effect. In this preservation of the public pence, health „cTH money d the Uri" Stales upon registration of this bond, or at tiger, however, it Is expressly and safely, shell take effect and be 1P of any time thereafter while this bond is covenanted'. force from and after its i r•rira on the fort day June,passage. and to Ion, intrrna thereon at regisl eyed bI the nam,, Of the owner , I, ' long of amp m the the Issue,ndhq PASSED: December 4, 1973, -'r,''.-t the uvmatured tuuprnc ,;r': rl'bontic, or any of the hinds or this Issue, Russell T. Purdy 'or etc Ill 11', Ill, ni Y' ,Stilled on a Mayer - t 11 rc 1 -1 Io n !:tie (n be Iherent :'am ma c a etc,I I, eeet, the and Attest: Helen Young .mot I, 11 i, d 11' ''''n,,l'],' 1 n • I be nanderal t, fee I"Ill, utq,nd prmapnl and mtemst, the city In -1 i11 1 ,I i II,• -v t r n '4:'In tot 1u that effect FeIII City Clerk t, sr 1 w coo sin r a::'I efficiently (Seal) D era • Ir t t f pt m t ttln ed hen sin by the bond registrar 1114 ai i 1 :ng 'ir a. n re l aye chains CERTIFICATE a'm f t 1 .•.1 and n;c I II I cad I aLL;.(Icr nlest enAe lie fie such' m. 11 osel ,k -in n -d sort ad lways chain The undersigned, City Clerk of the City roil od t ,I bi' tai vi 1. -M1n11 will ,duetl nmPuna may lie paid byrn.a- .foet s :e Ciro t t1. 1. 1 Ile:+'t if the bond regsirc the c nlr from time In r timeifand to that ncreas, or mthe1e foregoing a pages.nsas, numberedeby 1eI — IP Ill t and P i Ot at Ii Loos p'' dcd hers n to t11e. W, ,xtu.I necr-,Icy) rates for the ter- to 21, inclusive, are a true and perfect I, Parini rt or troy w lien r _cc 'ire- Ilea none "l ❑--e boor' hi mini Vhls of the S Ism w -1 'll will as to mans. inns' be by chin k,m e ti ll'au shmcn on the unn unn' in@uce 0csepy or Ordinance No. Ladopted at of 'tit mailed to the registered owner, ten k_ ;-,, Ian i'evruues at tai t ud,vuate for ms a session of the Board of Directors et rl ,yas ¢, o,n t1 ed n,',I aai rtinn I, F I address reflected on the road lm'a n re;c.,llud as t', boo. p:In,-u'ai 1 rid mmmak :n:z expenses of the err of Fmetting pl Arkansas. held hook of the City maintained by tad '":ere< d o be rt•'nmorl Oil 111111 • tilt e s " f11 mak',n¢ act required at the regular at 7:30 place o'clock . I on -ustee. a pie On bond at the Sad:hr, rr ui',st darn h ,m, lee the principal p for the of Directors hday at cxmr, 7 p.m at • P q t e ten' t I f rid cifi:c the Agens fees in- the or of December, 1 in3, i that bond is one of Construction wee of e'mrr of the at the office sumo' a. tl n, „i1 Pn,ra Ilrn t id and Iheing lc, and nU In the ordinance is No, V at in es 22- , and Sewer R. an RCypiine cation the of soon bond r otipnr standin on with the bonds, the oub Retbrd Back N at Pages T�42, ]9i -I Series R. aggregating — -- rconn such reconversion the mePduei standing bonds, maintaining the Reaei now in my possession, Dohlnr representing rR the mtercal to become tlue, taming at the required lard, main, GIVEN under my band and seal an -) in principal amount, numbered, thereafter to the date of maturity ' will) raining the Contingency Fund at the this 6th day of December, 1975. 1-B to B. inclusive, ivy. all of like agent be attached to this bond and a required level, maintaining be Repair Helen Young, • nod effect, except as to number,', sou ment will be endorsed hereon byl and Replacement Fund at the required City Clerk of interest, maturity and right oft the bond registrar in the registration egiste level, anddischarging under R all other oh: No- lions (Seal) redemption (the •etde") issued' blank below whether it is then registered' of the City under Resolution No. 763, purpose of paying the costs of as to principal or payable to bearer, ranee and No. 1308, the Series A 0"1 uemen extensions, betterments and hate of Registration ranee and under this Ordinance; • cements to the "System"), ores and Name of R09stersrd owner (2) The provisions of Section 19 of System (the "System"), and Signature rt Registration Resalulian No. 763 pertaining to the be expenses of authorizing and $!mature of Bond expressly -- issuance of additional bonds shall he c the bonds. Section 0. It is hereby a provi ly found applicable with me result that the Floods bonds am Issued Pursuant to and] and declared that the provisions of of this issue shall be included with III& ' compliance with the Constitution, Section 19 of Resolution No. 7-61 (and outstanding bonds and with any amts ewa of the State of Arkansas, in-; Section 14(2) of Ordinance No, 1502 and men proposed to be issued insofar n1 • z particularly Act. No, 131 of the Section 15(2) or the Series A Ordinance) the 13313 per cent coverage requirement d Arkansas of 1933, as amended, I pertaining to the issuance of parity J for parity bonds 11 concerned: and '' d \'s n( y ...... N Feeds have Flee hilly' met and „ 7") I'll s •1.91 P r T��—n •• cal '.•.a e• c^ i I I , ''1n'E\ t y v: :ry n ear funds ci t Ii, lie -aloe mid die Fallacy mud Rc!ea' I,' -:t on. The boors are nn Rcneral:To that end the following special Funds Fund increase the amount in the parti- 'nns of the Cdp hill are special) have heretofore been created and are cuter fund in excess of the required 'ins ppoable solely from net hereby reaffirmed: level of the particular fund the exre s derived from (lie nprrttlnn of (a) Waterworks and Sewer Fund: may be transferred to the Waterworks item. The Fends are ca,ed on. (bi Wnlyrwnrks and Sewer Revenue and Sewer Found. Iv as to I enpledge and security' Refunding Bond Fund «M "Bond Section 16. The bonds shall be sublet :11 ISIIn or {Satrrworks and Sewer' found",: t0 redemption prior to maturity as ,had ie Refunding Bonds, dated June! (c) Waterworks and Sewer Revenue be sit forth in the Notice of Sale of t Issued pursuant to Resolution I Refunding Bond Reserve Fund (the the bonds and in the implcmenling re. I- '3, adopted and approved on April 'Reserve Fund'); lulion approving the terms of the s:'', ; IF I t,nlnt in Nn. ?-''l and an (d) Waterworks and Sewer Contingency of the bonds. In this regard it is r.. Waterworks and Sewer Revenue Reserve (the "Contingency Fund'); pressly understood that the redemnli n Series 19&I. dated September 1,' (e) Waterworks and Sewer Repair and of the outstanding bonds and the redrin:I. "tier) purse ant To n n' - r'n^e We Ftp'.'' u 'cent Fund (the "Repair and lion of the bonds of this issue is emus v Idolled r'\'' A Jc Ff11 or tit Fund"); I separate s" that there need he nn 1"Ord1, < ,., •I i�'.'rwnrkc and Sewer Surplus, proportionate or pro rata redomnt-Fie. .I Wateno ',I ,-r.r I I Pen. R. en-. F',,nd (the 'Surplus Revenue: bonds and that the bonds of zinc' s .• ,nstructlm, ...o- R u Told F ,,d' may be redeemed, in b(couren:'e I[ 1 ry 1, 197:• 'su �I b ro- •ed >er::I,- 9 the City covenants, reaffirms,n I applicable redemlm;' ,n pmv= Fit to Ordln-,I e v' I nhrle'l 1r,! scree, that so lone a1 any of their 'talnlrrg to the p=er 'tar ,s,n'I ',rued u oc., t "'-. . rr e. I of For Int-1 on the bends) I lot, or in part witacu'- say mdemptivt I. 'IC- I,, .•.,.. '..,. e t -_nra n'... for the services or the System which ..D.. RI'SS}:Id. T. PC IlDY. >I:jcnr will produce revenues at least adequate ATTEST: Helen Young. Cite Clerk for the operation and maintenance ex- (SEAL' penses of the System. for making the rl.,.'„�'�1._ required deposits into the Bond Fwd The it'' II'? for the purpose of paying the principal of Fay,,II.' of, interest on and Paying Agent's fees that the in connection with the bonds, and the usive,ar to 21, inclusive. ram outstanding bonds, maintaining the copy or Ordinance N^ Reserve Fund at tine required h a session of the Boar l enquired i the Contingency Fund at the City of Fayetteville, Ark;,: required level, maintaining the Repair le the regular meeting place of rzi. at and Replacement Fund at the required of Directors at 7,30 o'clock nn level, and discharging all other oN the 4th day of December, 1'C',. Drat cations of the City under Resolution No. the ordinance Is of record in Orden: sere the 7-Gt. ram No. 1598 and wMer ma Book No. IV at Pages 1.21. now anee. condolence. (2) The provisions of Settle 19 of in my possession. Resolution No. pertaining m the GIVEN under my hand and seal on bonds shall be' issuance of additionalthe this 6th day of December, 1973. Helen Young rs applicable with result that the bonds' City Clerk of this issue shall be included with the l(SEAL) outstanding and with any hoods bonds then proposed to M Issued Insorar as the 133-1-3 per cent coverage requirement for parity bonds Is concerned: and (3) The investment provisions of Section 23 of Resolution No. 763 an intended to be applicable to any funds available for investment (except moneys in the Construction Fund created by Section 17 of this Ordinance which contains express provisions) and shall be rnnsldofed pact lot the particular fund out of which moneys are invested, with earnings credited to the fund and losses charged against the fund, except when earnings 'in the Reserve Fund, the Contingency. Reserve and the Repair and Replacement Fund increase the amount in the patch cuter fund in excess of the required level of the particular fund the excess may be transferred to the Waterworks 'and Sewer Fund. Section 16. The bonds shall be subject to redemption prior to maturity as shell be set forth in the Notice of Sale of .the bonds and in the Implementing resolution approving the terms of the sale of the bonds. In this reeerd it is expressly understood that the redemption of the outstanding bonds and the redemption of the bonds of this Issue is entirely separate so that there fired he no proportionate or farm rata redemp- " ,q of bonds and that the bonds of any may be redeemed, in accordance the applicable redemption provisions 'tailing to the particular issue, in orate or In part without any redemption of any of the bonds of any other issue. Section 17. That when the bonds have I been executed and the vat Of the, Impressed as herein provided, they: 'shall all be delivered the Trustee, which hall authenticate them and deliver them tothe purchaser upon payment of the purchase price plus accrued interest from the date of the bonds to the date of holq-cry of the bona_ the "Intel sale „r.,...•^•�" Ti -o II„n' .n'r nrnrredv she'!