HomeMy WebLinkAboutOrdinance 2547 FILED OR RECORE
ORDINANCE N0 , X54 '- 19,9 AfJ' I ( Ad 10: 22
AN ORDINANCE PROVIDING FOR COMPLETION OF A DOWNTOGIIFA'{ ' fIIrF� K •
CAPITAL IMPROVEMENTS PROJECT ; FOR PRIVATE FUNDING ` E91'a NESPI-
TURES REQUIRED ; FOR MAINTENANCE AND UPKEEP OF SAID b �7'TS ;
AND DECLARING AN EMERGENCY .
WHEREAS , the continued vitality and economic growth of
the downtown Fayetteville area is and will be beneficial and
necessary to the welfare of all citizens and residents of the
City of Fayetteville ; and ,
WHEREAS , DOWNTOWN FAYETTEVILLE UNLIMITED , INC . , has
developed a proposed capital improvements project for the
downtown Fayetteville area ; and ,
WHEREAS , completion of said capital improvements would
enhance the attractiveness of the entire City of Fayetteville
to travelers , new businesses , and serve the general welfare
of the people of Fayetteville ; now ,
THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
THE CITY OF FAYETTEVILLE , ARKANSAS :
Section 1 : That the City of Fayetteville hereby adopts the
capital improvements plan attached hereto as Exhitit A and
entitled the "Downtown Fayetteville Capital Improvements
Plan" subject to approval of the Parks and Recreation Advisory
Board and subject to such terms and conditions as are hereinafter
placed upon it ;
Section 2 : That the City Controller is hereby directed to
establish a fund entitled " The Downtown Fayetteville Capital
Improvements Fund" into which fund he is empowered to place only
funds donated to the " City of Fayetteville - - Downtown Fayetteville
Capital Improvements Fund" from whatever source received ;
Section 3 : That any monies donated to the Downtown
Fayetteville Capital Improvements Fund shall be used to
finance the construction and maintenance of the items described
in the attached Capital Improvements Plan ;
Section 4 : That the Mayor and City Clerk are hereby
authorized and directed to enter into a contract on behalf of the
City of Fayetteville , Arkansas , with DOWNTOWN FAYETTEVILLE UNLIMITED ,
MICROFILMm
DATE 3
;' ESL
INC . , for the management ; supervision and expenditure of the fund
created in Section 2 ; provided however , that said funds shall
be allocated and expended first , toward completion of the projects
enumerated in the Downtown Fayetteville Capital Improvements Plan ,
and second , toward maintenance and upkeep of the projects in said plan ;
a copy of the contract authorized for execution hereby is attached
hereto , marked Exhibit " B" and made a part hereof .
Section 5 : It is hereby found and determined that construction
of the projects enumerated in Exhibit "A" attached hereto should
be effected prior to the onset of unfavorable weather conditions ;
that certain of said improvements need to be made to correct
deterioration in present improvements which have recently occurred ;
that certain fundraising activities will be necessary in order
to generate funding for the improvements contemplated ; it is
therefore necessary that this ordinance become effective immediately .
Therefore , an emergency is hereby declared to exist , and this
ordinance , being necessary for the immediate preservation of the
public health , safety , and welfare , shall become effective from
and after its passage and approval .
PASSED AND APPROVED THIS r ,54' DAY OF 1979 .
_ yEE APPROVED :
���51'�TFL''•..
ti'�: . ; ris
„ s �U By
A k- City Clerk Mayor
Or •.A ...• ' PP
4 CCUHr '
! X15 %
AGREEMENT
THIS AGREEMENT is made this � day of , 1979 ,
by and between DOWNTOWN FAYETTEVILLE UNLIMITED , INC . , an
Arkansas corporation , hereinafter referred to as DOWNTOWN
FAYETTEVILLE UNLIMITED ; and the CITY OF FAYETTEVILLE , ARKANSAS ,
a municipal corporation , hereinafter referred to as the CITY ;
W-I -T-N -E -S -S -E -T-H :
WHEREAS , the Board of Directors of the CITY has , by
Ordinance No . C2r:::qr1 , adopted the DOWNTOWN FAYETTEVILLE
CAPITAL IMPROVEMENTS PLAN , ( hereinafter referred to as the
PLAN ) ; `and ,
WHEREAS , said ordinance adopted a method of implementing
said PLAN ; now ,
THEREFORE , in consideration of the mutual promises and
covenants hereinafter set forth , and to implement the provi -
sions of City Ordinance No , the parties hereto
agree as follows :
1 . In return for the promises and consideration set
forth in paragraph two , below , the CITY agrees to :
( a ) Collect monies donated to "The City of Fayetteville - -
Downtown Fayetteville Capital Improvements Fund " ;
(b ) Deposit such monies to a fund established by
City Ordinance No , asu l , and entitled the " Downtown
Fayetteville Capital Improvements Fund " ( hereinafter referred
to as the FUND ) ; and ,
( c ) Disburse said monies from time to time to DOWNTOWN
FAYETTEVILLE UNLIMITED for use in the construction and main-
tenance of the improvements called for in the PLAN .
2 . In return for the promises and consideration set
forth in paragraph 1 above , DOWNTOWN FAYETTEVILLE UNLIMITED
agrees . to :
( a ) Solicit contributions to said fund on a best
efforts basis ;
(b ) Accept payments from the City Controller from
the FUND , and to maintain adequate records of their use and
expenditures ;
( c) Manage , supervise , and expend said funds for the
purpose of completing and maintaining the improvements adopted
in the PLAN .
3 . It is specifically agreed and understood by and be -
tween the parties that the completion of the projects described
in the PLAN and any amendment or addition thereto shall be
accomplished only after approval of the Parks and Recreation
Advisory Board as funds become available for said purposes ; that the
only liability of the CITY is to collect and pay over all monies
donated to the FUND ; DOWNTOWN FAYETTEVILLE UNLIMITED agrees and
understands that it is not empowered to enter into contracts in the
name of and for the CITY , and that any expenses incurred or
contracted for beyond amounts donated to the FUND are its sole
responsibility ; further DOWNTOWN FAYETTEVILLE UNLIMITED agrees to
hold the CITY harmless from any debts which may be adjudged the
responsibility of the CITY resulting from implementation of
the PLAN .
4 , DOWNTOWN FAYETTEVILLE UNLIMITED agrees not to accept
nor to demand any compensation for performing the supervisory
and managerial services necessary to implement the PLAN ; and
further warrants that all funds shall be expended towards the
completion of projects contemplated by the PLAN , and the
maintenance and upkeep thereof .
5 . DOWNTOWN FAYETTEVILLE UNLIMITED agrees to maintain
adequate and proper books and records concerning the funds it
expends under this agreement , and to make them available
for inspection by the CITY upon request ;
CITY OF FAYETTEVILLE
ATTEST :
litiVly�KxG. 0. . [�.�OC JL By
City Clerk Mayor
CITY
DOWNTOWN FAYETTEVILLE UNLIMITED , INC .
ATTEST :
By
Secretary President
DOWNTOWN FAYETTEVILLE
UNLIMITED
Downtown -
Fayettvot DOWNTOWN FAYETTEVILLE
Downtown goes...
Asngpesthetan ° ' UNLIMITED , INC .
051riCE 1 South Block , Suite E
1828 Fayetteville, Arkansas 72701
August 6 , 1979
IMPROVEMENTS FOR GARDENS ON SQUARE
r
A . RED BRICK WALK
This walk is to be constructed in a Herringbone
pattern and is to reflect the craftsmanship and skill
of the brick work in the old post office . The walk is
to look as if it had been constructed at the turn of
the century . It will have a base of 5 " - 6 " of limestone
road base ( SB2 ) , a sheet of plastic , 1 " -2 " of sand and
bricks set without Mortar in the sand . Due to the slope
and loose soil , this will be encased in retaining walls
made of reinforced concrete with a brick topping to form
the border of the walk to prevent movement of the bricks
( see scetch ) .
This walk will be permanent and will require no
maintenance . Two small brick staircases are planned
for the south side . 1of the gardens to connect the brick
walk with the sidewalk and provide easy access to the
gardens . The walk will incorporate two areas on the
south side for benches .
Be IRON FENCE
A post and chain fence is planned for the north
side of the park and the upper, east and west sides_ .
This fence consists of a small black iron post placed
every 6 - 10 ' with a black chain connecting the posts .
C . WATERFALL
This waterfall will be designed to produce the sound
of water falling so as to enhance the gardens . It can
be constructed of native stone and will be . self contained
so there is no pond of water to collect debris . It will
be located on the northeast inside corner behind the
grassy area .
D . BENCHES
Two redwood benches are to be put in along the red
brick path under the maples on the south side .
E . DRINKING FOUNTAINS
Two year round fountains are planned , one on the
south in the garden and one on the northeast corner by
the outer flower beds . They will drain into dispersion
pits in the flower beds and will be located near water
sources .
l� � Q5 4 ` g
page 2 - Garden Improvements
F . BICYCLE RACKS
Two to four racks placed around the square to encourage
less use of motor vehicles .
G . SUNDIAL
Located in the upper rose garden on the southeast side
to add to the turn -of- the - century atmosphere of the gardens
and interest to visitors .
SCHEDULE OF WORK
I . Brick Walk
A . Order bricks with holes by August 24 if possible .
Be Begin removal of bricks and excavation late October
after tourist season .
C . Place footings and base material mid November .
D . Lay bricks late November and early December -
complete before Christmas ( weather permitting ) .
II . Drinking Fountains
A . Order fountains when money is available .
Be South - lay pipes before bricklayer begins work
on walk .
C . Coordinate installation of fountain with brick work .
D . North - cut hole in concrete and lay pipe when
fountain is available - probably early fall .
III . Iron Fence
DFU will handle arrangements for ordering posts and
chains and providing for installation when funds are
available .
IV . Benches
To be ordered when funds are available and installed
at completion of brick work .
V . Waterfall
Should be constructed when plumber is installing
fountains , however , could be done at any time .
VI . Bicycle Racks
Any time funds are available .
VII . Sun Dial
Purchase before walk is completed , if possible .
Install in December .
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CERTIFICATE OF RECORD
State of Arkansas ( SS
City of Faye�tc Jjli;..
I, Suzanne C. K`1 y, City Cork and
Ee-Of>icio rec .r:3 - f;; tae ^,ity .f F yottavillo,
do hereby certiry thA th^. .+ ,..a i 4.:r force
going is Of ra,cni t i: -y ofi•<:e ' ::; t.'a s:ma :tg-
pears in U:4ti:aance i9 R:
V 1 } —ar n;:re—Lo"�r� ... t'v illina my
CERTIFICATE OF RECORD hand and ser}
. Its_..._.
STATE OF ARKANSAS
Washington County ] SS- City Clerk and E7-O'
ficio Record=
I, Alma L. Kollmeyer, Circuit Clerk and Ex-Officio Recorder for
Washington County, do hereby certify that the annexed or fore.
going i st ment was filed for record in my office on the _0 day
of S(-Qrcuit
ACIerk
the same is
duly recorded inat pageq-rl
!Witness my hand and sea191
&19c-Officio Re or ed
'fki'mcrn. DePuty Clerk
• 'aL`G �. S c� � .LJ
• STATE of ARKANSAS 1 '
J}
'
County of Washington � - - 1_ '17, . ,
_ -
....-.-_ _. , �.. .- . _ _ _- .-.-_.... ... , hereby certity'thnt I
am the Publisher of THE NORTHWEST ARKANSAS TIMES, a daily
newspaper having a second class mailing privilege, and being not less than
four pages of five columns each, published at a fixed place of business and at
' a fixed (daily ) intervals continuously in the City of Fayetteville, County of
Washington, Arkansas for more than a period of twelve months, circulated
ORDINANCE NO. 2547 and distributed from an established place of business to subscribers and
AN ORDINANCE PROVIDING FOR
OMPLETION OF A DOWNTOWN readers generally of all classes in the City & County for a definite price for
AVETTEVILLE CAPITAL IM
ROVEMENTS PROJECT : FOR each copy, or a fixed price per annum, which price was fixed at what Is
RIVATE FUNDING OF THE E%PEN- considered the value of the publication, based Upon the news value and
PITURES REQUIRED : FOR
IAINTENANCE AND UPKEEP OF SAID service value it contains, that at least fifty percent of the subscribers
WPROVEMENTS: AND DECLARING - -- - - thereto have paid cash for their subscriptions to the newspaper or Its agents
.N EMERGENCY.
WHEREAS, the.cundnued vitality and or through recognized news dealers over a period of at least six months ;
c. mic growth of the downtown Fayet. and that the said newspaper publishes an average of more than forty percent
.ville area is and will be beneficial and
ecessery to lie welfare of all citizens and news matter.
esidents of the Cily of Fayetteville; and,
WHEREAS, DOWNTOWN FAYET- I further certify that the legal notice hereto attached in the matter of
TVILLE UNLIMITED, INC., has
leveloped a proposed capital im-
irovement5 project for the downtown '--'
-ayetleville area: and, %�/)
WHEREAS, cornylesion of said capital ���j//I�(/ --- - ---.L..L..1.--___--_
mprommenb would enhance the alums -- -��l�V-----------'A� --- `-`-�- -__-_..__-.___.._-------.....----_-
iveness of the entire City of Fayetteville to
ravelers, n w due
insses, and serve the was published in W - _
e regular daily issue of said newspaper for-_. ---- ------ . .
:eneral welfare of the People of
'ayetlevine; tow, feeseeeW4lva insertion9 as follows :
THEREFORE, BE IT ORDAINED BY
'HE BOARD OF DIRECTORS OF THE �/7
•ITY OF FAYETTEVILLE, ARKANSAS: The first insertion On the ............. ..1..--_- day Of ..... __?�.`,.Z-_ 19....[--. .
Section 1: That the City of Fayetteville U
'ercby adopts the capital improvements
dan attached hereto as Exhibit A and en- the second Insertion on the ------------------------- day of _--_---------- _-------- 19..----------
i fled the "Downtown Fayetteville Capital
mprevements Plan" subject to approval
if live Parks and Recreation Advisory the third insertion on the day of ------------- ----_--_--- 19......------
toard and subject m such terms and condi
ions as arc hereinafter placed upon it;
Section x: That the City Controller is and the fourth insertion on the ---------__--__ --- day of .........._---__---_ 19_._—_
ercby directed to establish a fund entitled, - ,v
-The Downtown Fayetteville Capital Im-
uavemenls FLM•' into which fund he is,
:mpmered to place only funds donated to
he '•City of Fayetteville - Downtown
ayetta file Capital Improvements Fund"
'ram whatever source received; `J
-
Section ]: That any monies donated to Sworn to and subscribed before me on this --_F..^._��'---- ay of ----_---_..—
the Downtown Fayetteville Capital Im-
provements Fund shall be used to finance. /I
the corstrucUon and maintenance of the
aemsdescribed in the attached Capital lm- ---------------------
19-2
provements Plan: 000
Section a: That the Mayor and City Clerk, /J
are hereby authorized and directed to enter Y� 0 /js�r.[rli�
into a contract on behalf of N /`Z
e City ��tt tiff
Fayetteville Arkansas, with DOWNTOWN _ Notary Public
FAYETTEVILLE UNLIMITED, INC., for
the management: supervision and expen-
diture of the fund created in Section 9; pro-
vided however, that said funds shall be M Commission Expires:
allocated and expended first, toward com-
pletion of the projects enumerated in the
Downtown Fayetteville Capital Im- 7 jrf • e_l or,
provements Plan, and second, Imard _ --
maintenance and upkeep of the pralects in
said plan: a copy of the contract authorized
for
execution hereby is anaehed hereto,
marked Exhibit ••B•• and made a part Fees for Printing -------- ;..
hereof.
Section 5: It is hereby found and deter.
mined that. construction of the projects Cost Of Proof enumerated in Exhibit "A' attached ----------- (-----------------------
hereto should be effected Prier to the ousel - 53 .
Total �
of unfavorable weather conditions; that
"min of said improvements need to be _-..-_.---..-. f-..--_..._.-.-
made to correct deterioration in present I
improremmts which have recently oc- ; )
curled: dot certain order to 1 generate ties
fun,
1
will be r the
g
ding Ir the improvements contemplated;
this z- '
dis Herefore necessary that this r.
Tnmee became mren immediately.
declared
xi emergency u hereby
declared to twist, and this ordinance being
necesysry for the immediate preservation "
of the public health, safely, and w'ellare.
shall become effective from and after Its
pamageandapproval. '
PASSED AND APPROVED THIS 7th
DAY OF August 1979, APPROVED:
By DAVID R. MALONE
MAYOR
ATTEST:
Angela R. Medlock
City Clerk
!seal)