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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 . B�ZI�k wALR1 /= z " said Plasf;c Oar! q SBS-• RORD BASe oncref< j g e is o � G � 6 " PebP Nails plast,c . ¢✓eny d -6 feet WEST S 4457 S ,x8 " foof;n� 8 "X tr qoe-64q So /id i Qr.'c�t rCfl 502 ROAD 819SE sere cxfJMRnx • 6 " (e<p 6�o w;-f4 ho /ea 8X 8 " foo TING SOUTH r K 8 " TOO-4@ mg C Rm 0195 X51 / F04x4ain / V 13 0 i LWCASi� w IJ fl e.✓ t Reser BextJl pr�nkn� f i t 995 45 ? 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)