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HomeMy WebLinkAbout1935-11-13 Minutes209 1 and to receive protests and suggestions that any citizens wish to make on the rate of the Sewer Service Charge contained in the Ordinance now on its Second reading before the City Council. Alderman Sanders seconded this motion and upon the question being put before the meeting, resulted in the following vote: Aye: Aldermen Bronson, Bynum, Carter; Gregory, Peal, Sanders, Shook and Ucker. Nay: None. The Mayor declared carried, and the Council adjourned until Saturday night, November 9th, 7:30 P. Me* Attest: Approved:��. CityClerksffMayor. The Fayetteville City Council met in adjourned session November 9,1935, 7:30 P: M. Present: Mayor A D McAllister,City Attorney Rex Perkins,Acting City Engineer C. E. Pierce, City Clerk, Otoe Phillips. Alderman Bronson, Bynum,•Carter, Gregory, Peal, Sanders, Shook and Ucker. Notice having been published for the purpose of hearing interested parties concerning the proposed rates or charges for sewer services to be rendered by the proposed sewage treatment plant and outfall sewers, the Mayor asked for a discussion of the subject, with suggestions as to ways and means of raising the money to repay the Federal Governement for the loan, an Ordinance on second reading outlining a plan for this payment,now being before the City Council. Dean Gladson explained the necessity for construction of such a plant and stated that the emergency of the situation demanded an early passing of the Ordinance. J. H. 11cIlroy stated he did not believe the City Council has authority to levy a service charge on property in the Sewer Improverm nt District, to raise such a revenue. Dean Gladson stated that the State and Governement attorneys who have examined the matter and approved it for the Governement loan a•nd grant have evidently assumed the responsibility of the legality of the project. Others expressing opinions on the subject were Mrs Annie T Boyd, J. C. Massie, C. D. `'tkinson, E. C. F"ertheim and G. T. Sullins. Alderman Bronson moved that the meeting adjourn until Wednesday evening November 13, 7:3) P. M.. This motion was seconded by Alderman Bynum, and received the unanimous vote of the Council; and the Mayor declared the Council adjourned. Attest • Ci�rk. Q Approved Mayor. The Fayetteville City Council met in adjourned session November 13,1935 7: 30 P M. Presents Mayor A D McAllister, City Clerk, Otoe Phillips, City Attorney Rex Perkins. Aldermen Bronson, Bynum, Carter, Gregory, Sanders, Shook and Ucker, and Peal. The following bills were presented after their approval by the Chairman of Auditing Committee, J C Peal: Southwest Bell Telephone Co. $60.70;Fayetteville Daily Democrat $p1.88;Barsndall Refinin Co. $69.37; City Clerk $0.67 for Express on E A Martin Machi iner y Co., Ben Porter§15.00; A F Shumate $18.00;Bud Drain 12.00; Lee Lacy $2.50; Guy Roberts $10.00; Sowder Studio $3.00;•The Automotive $2.60; Tpeon's Shoe Store $7.48 Alderman Gregory moved that the bills be allowed as approved and the Clerk instructed to issue warrants upon the proper funds in payment of same. This motion was second- ed by Alderman Ucker and received the unanimous vote of the Council. r C M Davis asked permission to out curb at 806 North College Avenue. Alderman moved that this permit be granted, work to be done under supervision of Citi[ Engineer. This motion was seconded by Alderman Bynum, and received the unanimous vote of the Council. A Resolution from the State Highway Comdmission relative to constructing State Highway mear and through the City of Fayetteville was read by the Clerk. Alderman Sanders moved the adoption of this Resolution. Alderman Peal seconded its adoption, and upon the Roll being called the following vote resulted: Aye: Aldermen Branson, Bynum, Carter, Sanders, Peal, Shook, Gregory and Ucker. Nay: None, The Mayor declared carried and the Resolution was put on record: I�1 R E 3 0 L U T I ON. WHEREAS, The State Highway Commission of the State of Arkansas is desirous of constructing State Highways near andithrough the City of Fayetteville, and is desirous of rout-ing the traffic through the City of Fayetteville over such streets as may be designated and marked as State and Federal Highways by the Arkansas State Highway Com- mission and across all intersecting Streets, and WHEREAS, the State Highway Commission of the State of Arkansas is desirous of receiv- ing Federal aid fora the improvement of said Highway; and WHEREAS, the Bureau of Public Roads of theDepartment of Agriculture of the United States of America will not }articipate in the construction of said Highway until and unless the City of Fayetteville will agree to refrain from permitting encroachments up the Right of Way of said above mentioned route, and until and unless the dity of Fayetteville will agree to refrain from passing ordinances or laws fixing unreasonable 210 speed limits on the said above mentioned route, and until and unless the City of Fayetteville will agree to refrain from erecting signs, somaphores and signals that will give preference to local routes or that will hinder or delay traffic on said above route. THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF FAYETTEVILLE that,for and in consideration of the State Highway Commissionr)of the State of Arkansas and the Bureau of Public Rogds of theDepartment of Agriculture of the United States of America constructing said Highway adjacent of the City of Fayette- ville and routing thr traffic thoough the City of Fayetteville over such streets as may be designated and marked as State and Federal Highways by the Arkansas State Hwy. Commission and across all intersecting Streets, it is hereby agreed with the State Highway Commission of the State of Arkansas snd the Bureau of Public Roads of the Department of Agriculture of the United Statesof America that it will not in the future permit encroachments upon the right of way of said above mentioned route,nor will it pass any Ordinancesor laws.f ixing.unreasonable speed limit on the above mentioned route,por will it allow the erection of signs, somaphores and signals that will give preference to local routes which interseet.with said above mentioned route, - nor that will slow up, hinder or delay traffic on said above mentioned route. r .. I hereby certify the foregoing to be a true copy of the RESOLUTION on file in my office, passed by theCity Council, duly and legally assembled, in the pity of Fay= etteville, Arkansas, on the 13th, day of November,1935. WITNESS my hand this day of November 1935. Approved:- ' J Mayor. City Clerkov Dated:. Alderman Bronson moved that an Ordinance left on its second'.reading ENTITLED: An ORDINANCE ESTABLISHING NST AND EQUITABLE RATES OR CHARGES P4 FOR THE USE OF AND THE SERVICE RENDERED BY THE PROPOSED SEWAGE TREATMENT PLANT AND OUTFALL SEWERS WITH APPURTENANCES TO BE.CONSTRUCTED BY THE CITY OF FAIT TEVIELLE, IN THE COUNTY OF WASHINGTON, STATE OF ARKANSAS, AND PROVIDING FOR THE COLLECTION OF SAID RATES OR CHARGES, be placed on its third and final reading. Alderman Gregory seconded this motion and upon the Maydr putting the question before the Council, the following vote resulted: Aye: Alderman Bnonson, Bynum, Carter, Gregory, Peal, Sanders, Shook and Ucker. Nay: None, The Mayor declared carried as there were eight Ayes and no Nayes: And the Clerk road the Ordinance the Third time: The ,Mayor put the ,question shall low the -Ordinance pass. The Clerk called the Roll and the folimg voted Aye: Ala: Bronson Bynum The Mayor declared Ord.passed.) 0 R D I N A N C E.Nuiuber 787.1 ndtU erre§a5,g,D8AJ,San'aers, shook AN ORDINANCE ESTABLISHING JUST AND EQUITABLE RATES OR CHARGES FOR THE USE OFAND THE SERVICE RENDERED BY THE PROPOSED SEWAGE TREATMENT PLANT AND OUTFALL SEWERS WITH APPURTENANCES TO•BE CONSTRUCTED BY THE CITY OF FAYETTEVILLE.9 IN THE COUNTY OF WASHINGTON, STATE OF ARKANSAS, AND PROVIDING FOR,THE COLLECTION OF�SAID RATES OR CHARGES. WHEREAS, the City of Fayetteville, in the 'County of Washington, State of Arkansas, (Also refeired to as the City) is contemplating the construction and equipping of a sewage treatment plant and outfall •sewers at a maximum cost of $100,000.00; WHEREAS, The City proposes to issue revenue bonds therefore /in the aggregate principal amount of $60,000.00, bearing interest at the rate of 4% per annum, and maturing in the amounts and years as follows: $2,000 -1937 to 1953 both 44 inclusive $3,000 '-195-4 to 1961 both inclusive $2,000 -1962 jVHEREAS, THE CITY DESIRES AT THIS TIME to establish rates or charges for the use of and the services rendered by said project,if the same be eonstructed; and, WHEREAS, THE City is authorized by law to establish and maintain such rates and charges; NOW,THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS, AS FOLLOWS: SECTION ONE. That there are hereby established just and equitable rates or charges for the use of and theservice rendered by the project described generally in the preamble of this Ordinance,which shall be paid by each land owner whose premises are connected with and use such project by or through any part of the sewerage system of the City,or whose premises in any way use or are served.by such project (excepting vacancy, unoccupied property not actually using such project ). in accordance with the f ollow ing. schedule: MONTHLY RATE 'N4c(see next page) 0 fl �: 7 zrr M O N T H L Y R A T E Residences --------- -------.............. --=$$ .50 per month Business houses,officea and larger users, including Fraternities and Boarding Houses, 1.00 per month Hotels------------------------------------- 5.00 per month University and Veterans' Hospital---------- 10.00 per month SECTION TWO. That the minimum rate or charge for each connecti6n,directly or indirectly as described in Section One hereof; to such project shall be�$$.50 per month. SECTION THREE. That is hereby found and declared that the rates and charges as above set forth will produce a total revenue sufficient in each year for the payment of the i proper and reasonable expense of operation, repair, replacement and maintenance of sud project and for the payment of the sums required to be paid into the sinking fund for revenue bonds and the interest thereon to be issued to construct such project. SECTION FOUR. That the City may charge and adjust the foregoing rates or charges, from time to time, substantially pro. rata as to all classes of service, and in any eve t such rates or charges shall be established, adjusted and maintained so as to be, uffi- cient in each year for the payment of,the proper and reasonable expense of operation, repair, replacement and maintenance of such project and for the payment of the sums required to be paid into the sinking fund for the revenue bonds and the interest there, on issued to pay the cost of the construction of such project. SECTION FIVE. Bills for the rates herein established and maintained or as hereafter adjusted and maintained, shall be due and payable on the 10th day of each month in each year, andif not paid when due, shall constitute a lein upon the premises served by such project; and all the powers,rights and privileges conferred by Act 132 of the regular session of the General Assembly of the State of Arkansas for the ,year 1933, as amended, relative to the collection of such rates or' charges are hereby expressly reserved by the City. SECTION SIX. That all Ordinances and Resolutions or parts thereof in conflict herewith be and the same are hereby repealed. SECTION SEVEN. That this Ordinance shall take effect and be in full force from and after thirty days after its passage and approval, irr accordance with law. Passed:�193S.'Approved:_aJ. F Published in Fayetteville Daily --.Democrat, 35 No ember/24 An Emergency condttion being declared to exist, Alderman Gregory moved that this Ordinance shall .take._effect and be in full force from and after its passage, approval and publication. This motion was- seconded by Alderman Peal, and upon.the Clerk's callig the roll resulted in the following vote: Aye: Aldermen: Bronson, Bynum, Carter, Gregory) Peal, Sanders, Shook and Ucker. The Mayor declared the motion carried a there were eight voting Aye and none voting Nay. _ Ulty UlePk. The Mayor stated tht the next matter which should be considered by the City Council was the passage and adoption of an Ordinance authorizing the construction of said Sewe age Treatment plant and outfall sewers and appurtenances and the issuance of revenue bonds therefor. After some discussion on the) subjeet,Alderman Sanders introduced an Ordinance entitledl "AN ORDINANCE PROVIDING FOh THE CONSTRUCTION AND EQUIPPING OF A SEWAGE TREATMENT PLANT AND OUTFt1LL SECdERS TO IMPROVE THE SEWER SYSTEM; PROVIDING FOR THE ISSJANCE OF REVENUE BONDS FOR SAID PROJECT: FIXING THE DETAILS IN RESPECT OFSAID BONDS AND PROVIDING FOR THE METHOD OF PAYMEOT THEREOF: AND DECLARING AN EMERGENCY., and moved that the same be read in full. Alderman Bynum seconded this mdtion and upon the Mayor putting the ques- tion, the following vote resulted:Aye: )Aderman Bronson, Bynum, Carter, Gregory, Peal, Sanders, Shook and Ucker. Nay: None: The Mayor declared the motion duly passed and ordered that the Ordinance be read in full; and the Clerk read the Ordinance in its entirety. Alderman Sanders moved that the rules be suspended and the Ordinance placed on its second reading. Alderman Bynum seconded this motion and upon the Mayor putting the questionresulted in the following vote: Aye: Bronson, Bynum, Carter, Peal, Sanders, '.Shook, .Gregory and Ucker. Nay: None. The Mayor declared carried and the Clerk read the Ordinance the second time. Alderman Bronson moved that the rules be further suspended and the Ordinance placed on its third and final reading. Alderman Shook seconded this motion and upon the question being put before,the Council resulted in the following vote Aye: Alderman Bronson, Bynum, Carter, Gregory, Peal, Sanders, Shook and Ucker. Nay:,None The Mayor declared carried and City Clerk Otoe Phillips read the Ordinance the third and final time. The Mayor put the question: Shall the Ordinance Pass. And upon the Clerk's calling the roll, resulted in the following vote:Aye: Aldermen Bronson, Bynum, Carter, Gregory,Peal, Sanders, Shook and Ucker. Nay: None. The Mayor declared the Ordinance Passed. Alderman Gregory moved that the Emergency Clause be voted on separately. This motion was seconded by Alderman Peal, and upon the question being put before the Council, resulted in the following vote: Aye: Aldermen: Bronson, Bynum, Carter, Gregory, Peal, Sanders, Shook and Ucker. Nay: None: The Mayor declared the motion carried as there (were eight Ayes and No Nays. Ordinance follows:-- ORDINANCE NUMBER 788, AN ORDINANCE PROVIDING FOR THE CONSTRUCTION AND EQUIPPING OF -A SMFJAGE TREATME PLANT AND OUTFALL SEWERS TO IMPROVE THE SEWER SYSTEM: PROVIDING FOR THE ISSUANC OF REVENUE BONDS FOR SAID PROJECT:FIXING THE DETAILS IN RESPECT OF SAID BONDS AND PROVIDING FOR THE METHOD OF PAYMENT THEREOF: AND DECLARING AN EMERGENCY, WHEREAS, The City of Fayetteville, Arkansas,has noadequate sewage treatment plant and outfall sewers with appurtenances, and the public interest and necessity require that same be constructed, to be owned and operated by the.City of Fayetteville, Arkansas, and WHEREAS.. the City Council of said City has caused to be made by a duly qualified engineer plans and specifications for such project, an estimate of the cost of the construction of the same, an estimate of the reasonable ratesnecessary to be charged for services by the project, an estimate of the revenues of such project,all of which have been heretofore filed with .the City Clerk, and WHEREAS, such plans provide for the construction and equipment of a sewage treatment plant and outfall sewers, as improvements to the existing sewer system, on the follow described lands owned by the'City of Fayetteville, Arkansas Part of the East Half of the Southwest Quarter of Section Twentythree (23), in Township Sixteen (16) North,of Range Thiry (30) West of the 5th, Principal Meridian described as follows: to wit:Beginning at a point which is four (4) chains and Twenty - (26) feet East of the Northwest Corner of said eighty acre tract,and 'running thence So one hundred and four (104) rods,more or less, to the town branch; thence down said Branch with its meanderings t* point which is six and one half chains due West of the middle of the channell of the West Fork of White River; thence East .Six and one-half chains to the middle of saidWest-Fork of White River;thence down said River following, the meanderings of the riddle of the channell, North SOWest 9 Chains; thence North 3:5 Chains; thence North 10 East Four (4) chains;thence North 12 West 5.50 chains to North line of maid eighty (80) acre trget; thence West forty-one (41) rods and thirteen and six -tenths (13.6) feet to the placeof beginning, containing twentythree (23) acres more or less. WHEREAS, the City has examined and approved said plans and estimates and finds and declares that is for the best interest of the said City.that said project be construct- ed, and WHEREAS, said City is without funds to carry out said plans, but from the proceeds of the Bonds hereinafter ordered to be issued (hereinafter called the•"Bonds"),authorized by Act 132 of the Acts of the Regular Session of the General Assembly of the State of Arkansas for the year 1933,together with certain funds to be furnished by the United States of America, sufficient funds to do so can be provided; NOW, THFREk-ORE, BE IT RESOLVED by the said Arkansas, as followst SECTION 010:0 The estimated cost of Sewage Treatment Plant and Outfall Sewers, Oue\ Hundred Thousand ($100,000.00). v City Council of the City of Fayetteville, the construction and equipping of said 'is found and declared to be the sum of SECTION TWO: The said Sewage Treatment`Plant and Outfall Sewers (Also referred as .the "Works") shall be consti'uc.ted according to the plans and specifications hereto- fore filed with the. City Clerk, and reference to such plans and specifications is here made for a more detailed description. Sald construction and the custody, operation and maintenance of said Works'plant and the collection of revenues therefrom for the services rendered thereby shall be effected and supervised by a Sewer Committee compos of George Sanders, Be Be Bronson, and Earl Shook. The Council may remove any member o the Sewer Committee with or without cause and may appoint substitute members in case o death, removal or resignation. The terms of the construction of,the "Works; so far as are not set d ut in this Ordinance, chall be fixed by the Sewer Committee, and it shal make all constracts or agreements necessary or incidental to the performance of its duties and the execution of its powers;provided that any contract relating to the "4 financing of the construction herein provided shall be approved by the Council before same shall be effective. SECTION THREE: None of the facilities or services afforded by the Works shall be furnished without a reasonable charge being made therefor. In theevent that the Cit or any Department, agency or instrumentality thereof shall avail itself of the facili- ties or services.affb riled by the Works, the resonable value of the services or value o the services or facilities so afforded shall be charged against the City or such depar ment, agency, or instrumentality, and shall bepaid for as the charges therefor accrue. The revenues so received shall be deemed to be revenues derived.from the operation of Works and shall be used and accounted for in the same manner as any other revenues der from the operatidn of the Works. Provided, however, that nothing herein shall be construed as requliring the City or any other department, agency, or instrumentality thereof to avail.iitself of the facilities or services afforded by the Works: SECTION FOUR: The Treasurer of.the City shall be the custodian of the revenues derived from the Works and shall give Bond for the faithful discharge of his duties as such costodian (such Bond to be fixed and approved by this Council). The Treasurer of the City shall deposit all the revenues of the Works into a separate i 9 �13� fund, to be administered as follows: (a) Operation and Maintenance. An amount to pay the reasonable and necessary expenses of operation,repair and maintenance shall be -deducted from the monthly revenues as they accrue and shall. be.used to pay such expenses; (b) Bond Fund. All the revenues remaining after the parent set -forth in su-paragraph (a) shall constitute the net revenues of the Works and,to the extent necessary, shall be paid at monthly intervals• into a Bond Fund to provide for the payment of the interest on and principal of the Bonds as when the same become due; the necessary fiscal agency charges for making such payments; and a margin for safety. Such margin, together with any unused surpluss of the same carried forward' from the preceding fiscal year, shall equal ten percentum-of all other amounts required to be paid into the Bond Fund under the provisions of this Section. (c) Surplus. In the event that a Surplus' remains after the requirements of sub -paragraphs (a) and (b) have been met, the pity may use such surplus or any part thereof in its discretion to provide a fund for extensions, betterments and additions to the Works, or to purchase any of the Bonds outstanding at not exceeding Par and accrued 'interest if such Bonds are available on theopen market, or in any other lawful r;anner, provided that an amount reasonably sufficient for operation, repair and maintenance and for depreciation for an ensueing period of"not less than twelve mpnths has been first reserved. All Bonds purchased shall forthwith be cancelled and shall not again be.issued.' All moneys held in said Bond Fund shall be deposited in a Bank which fi'a,member of the Federal Reserve System and inwhich deposits are insured by the Federal Insurance Corporation. SECTION FIVE. So long as any of the Bmnds are outstanding, the Works shall be operated upon a fiscal year basis. The fidst fiscal year :shall commence upon the first day of July 1936.(the estimated date of the completion of the construction herein provided for),and shall end one year thereafter. 0 SECTION SIX. Revenue Bonds of the City (herein called Bonds) shall be ' _issued in the total amount of Sixty Thousand Dollars ($60,000.00) which amount, together with funds to be furnished by the UnitedStates'GovernemEn t,is necessary to provide sufficient funds to pay all costs of the herein described contemplated construction,including engineering, legal and other necessary expenses, together with interest to'a period of six months after the estimated date of completion of the constructinn; said Bonds, each to be designed "Sewer Revenue Bond" and shall be dated November 1,19350 shall be inthe denomination of $1,000. each, shall be numbere( from 1 to 601both inclusive, and shall mature in numerical order'on November 1, in each of the years and in the amounts named as follows: Year Amount Year Amount 1937 $2,000• 1950 $2,000_ 1938 2,000 1951 2,000 1939 2•,000 1952 2,000 8 1940 2,000 1953• 2,000 7-0- 1941 '2; 000!' 1954 3, 000 3 ) 1942 20DOO 1955 3,000 1943 2y 000 1956- 30000 1944 2,000 1957 3,000 1945 23000 1958 3,000 1946 2,000 1959 '80000 1947 2,000 1960 3,000 1948 20000 1961 30000 1949 2,000 1962 21000 The Bonds shall bear interest at t he rate of four per centum (4%) per annum, payable May 1,1936, and semi-annually thereafter on the 1st, day of November and May in each year, shall be signed by the Mayor and sealed with the Co orate seal of the City of Fayetteville, and attested by the pity Clerk of the ity, and th( inteerest upon the Bonds shall be evidenced by coupons thereto attached, such coupons to be signed by the said_Mayor &:• said City Clerk by their facsimile signatures; and said Mayor and said City Clerk shall by the execution of the Bonds adopt as and for their own proper signatures their respective facsimile signatures Appearing on said coupons.The Bonds and coupons shall be payable in such funds as at the time of the respective payments are legal tender for the payment of debts due the United States of America at the ioffice of the City Treasurer, at Fayetteville, Arkansas. ' The Bonds together with interest thereon shall be payable only out of the Bond r'und as hereinbefore defined..;and shall be a valid claim of the holder thereof only against the Bond Fund, and the amount of the revenues pledged to said fund, which amount of said revenues is hereby pledged for the equal and ratable payment of the Bonds and shall be used for no other purpose than.to pay the principal and interest of the Bonds as the same become due and payable. SECTION EIGHT. That said Bonds and Coupons be in substantially the following form:, (Form of Bond on Page :?1�) 214. (Form of Bond) UNITED STATES OF AMERICA STATE OF ARKANSAS COUNTY OF WASHINGTON the City of Fayetteville. SEWER REVENUE BOND No . KNOW ALL MEN.JBY THESE PRESENTS, That the City of Fayetteville. in the County of Washington, State of Arkansas, hereby acknowledges itself to owe and,for value redeived, promise to pay to bearer as hereinafter stated, the sum of l ONE THOUSAND: DOLLARS ($1,000.) on the first day of November 19 with interestat the rate of four per cen tum (4%) per. annum, payable May 1,1936, aF�semi-annually thereafter on the 1st, days of November and May in each year, upon presentation and surrender of the annexed coup as they severally become due. Both principal hereof and interest hereon shall be payable in such funds as at the time of the respective payments are legal tender for the payment of the debts due.the United States of America, at the office of the City Treasurer, at Fayetteville, Arkansas. This Bond is issued for the purpose of providing for the payment of the cost of construction and equipping of a Sewage treatment plant and outfall sewers - (herein called the Works). This Bond is issued in accordance with the provisions of Act 132 of the regular session of the General 6ssembly of the State of Arkansas for the year 1933, and does.not constitute an indebtedness of said pity within any constitutional or statutory limitation, and is payable solely from the net revenues of said Works remaining after deduction of the reasonable monthly expense of operation, repairs, and maintenance. Said net revenues have been set aside and pledged as a special fund for that purpose and identified as the "Bond Fund", created by the Ordinance under which this Bond is authorized to be issued. There has heretofore been establisl by Ordinance adopted by sai&iCt.ty and -said City hereby covenants and agrees that it w' maintain, just and equitable rates or charges for the use of and the service rendered by said Works sufficient in each year for the"payment of the proper and reasonable expenses of operation, repair, replacements and maintenance of said Works and fol} the establishment of a sufficient sinking fund to meet the principal of and the interest on this Bond as the same becomes due. It is provided in said last mentioned ordinance that such rates or charges shall be paid by each land -owner whose premises are connect ed with, and use the Works by or through any part of the sewerage system of the City or whose premises in any way use or are served by the Worku, which rates or charges if not paid when due shall constitute a lein upon the premises served by the Works, and shall be coolected as provided by the law. IT IS HEREBY CERTIFIED, RECITED AND DECLARED THAT ;ALL ACTS, conditions and things required to exist, happen and be porS6rmed precedent to and in the ism ance of this -Bond have existed, have happened, and have been performed in due4time,form and manner, as required by law, and that sufficient of the income and revenue to be derived from the operation of said WorksT has been pledged to and will be set aside into said special fund for the payment of the principAl and interest of this Bond. IN WITNESS WHEREOF, THE City of Fayetteville, Arkansas, by its City Council has caused this Bond to be signed by the Mayor thereof and sealed:with the Corporate seal of said City and attested by its City Clerk, and caused'the coupons hereto attached to be authenticated by the facsimile signatures of said Mayor and sa City Clerk all as of the 1st, day of November 1935. (Seal) mayor, Attest: y er . ;d a >• v l 11 1 :i_;!I,*$ 17, !15 ( FORM OF COUPON) No. 20 On the 1st, day of 19 The City of Fayetteville, Washington County, Arkansas, promiseso ,pay o earer, out of the funds specified in the Bond to which this Coupon appertains,at the office of the City Treasurer at Fayetteville, Arkansas,in such funds as at the time of payment hereof are legal tender for the payment of debts due the United States of America, the sum of Twenty Dollars ($20) being interst then due on its Sewer Revenue Bond No.L_dated the first day of November 1935. a. . & /y/. mayor. Attest: l� City Clerk. ((// SECTION NINE. After the Bonds have been executed as herein provided, they shall. be sold and delivered to the purchasers all at one time or in blocks from time to time, at a price or prices which shall not be less than Par and accrued interest to date of delivery,and the proceeds received thereffom shall be used solely for the payment of construction costs of the Works, including engineering, legal and other necessary expenses and for the payment of interest on the Bonds to a date six months subsequent to completion of construction. SECTION TEN. There has heretofore been established by Ordinance Number 787, adopted by the City Council of the City of Fayetteville on November 13th,1935, just and equitable rates of charges for the use of and the service rendered by the Works to be paid by each land -owner whose premises are connected with, and use, such Works by or through any part of the Sewerage system of the City or whose premises in any;iway use.or are served by such Works (excepting vacant, unoccupied property not actually being used by such Works). Said Ordinance provides thatsuch rates or charges shall be sufficient in each year for the payment of the proper, and reasonable expenses of operation, repair, replacements, ami maintenance of such Works and for the payment of,the sume required to be paid into a sinking fund to meet the principal of and interest on revenue Bonds to pay the cost of the Works So long as the Bonds herein authorized to be issued are outstanding and un -paid, the provisions of said Ordinance shall remain unchanged. SECTION ELEVEN. Tothing in thie Ordinance shall be construed to prevent the issuance by the City of Fayetteville of additional Bonds PdNble from the revenues of the Works to finance or pay the cost of constructing1any extensions, betterments or additions1to the Works. Provided however,.that the City shall not authorize or issue any such additional Bonds so long as any of the Bonds are outstanding,unless the gross revenues derived from the Works for the fiscal year then next preceding shall have been sufficientto provide for all costs of operation, repair and mainte- nance of the Works and leave a balance equal to at least 120 percentum of the ag regate of: . (al Principal and interest payments for such year•on all Bonds then outstanding and the fiscal agency charges therefor; (b) one year's interest on the total issue of such additional Bonds then proposed to be issued; and (c) An amount of principal of such additional Bonds for one year computed by dividing the total amount of such issue by the number of years to the final maturity date of such Bonds. SECTION TWELVE: It is covenanted and agreed by the Oity with the holder or holders of the Bonds, or any of them, that it will Jm faithfully and punctually performcaall duties with reference to the Works required by the Constitution and Statutes of the State of Arkansas,including and -charging and collecting reasonable and sufficient rates lawfully established for services rendered by the Works, segregating the revenues of,the Works and applyimg it to the respective funds herein created. _-BECTICIDT. THIRTEEN. The City will maintain the'Works in .good condition and operate thl same in an efficient manner and at a reasonable cost.' So long as any of the Bonds are putstanding the City agrees to maintain insurance on the Works for the benefit of Bond holders of a kind and in an amount which normally would be carried by private companies engaged in a similar type of business. Nothing,in this Ordinance shall be construed as requiring the City to expend any funds which are derived from sources other thanLthe operation of the Works but nothing herein shall be construed as preventing the City from doing so. ' SECTION FOURTEEN. So long as any of the Bonds, are outstanding, the City will not mortgage, pledge or otherwise encumber the Works or any part thereof, or any reveunes therefrom (exceptas hereinbefore provided),and will not sell, lease or otherwise dispose of any substantial portion of the same. SECTION FIFTEEN. The City will keep proper books of record and accounts (separate from all otjer records and accounts) in which complete and correct entries shall b made of all tr=ansactions relating to the Works. The City will furnish to any holds: or purchaser of any of the Bonds at the time outstanding at the written request of such holder or purchaser, not more than thirty days after the close of each six mon fiscal period, complete operating and income statements of the Works in reasonable detail covering such six months' period, and, not more than sixty days after the close of each fiscal year, complete financial statements of the Works and the City, and the existing Sewer System, covering such fiscal year, certified by the City Auditors. 216 SECTION SIXTEEN. Any purchaser of twentyfive per centum (25%) in aggregate principal amount of the Bonds at the time then outstanding or any holder or holders of t twentyfive per centum (25%) of said amount of outstanding Bonds shall have the right at all reasonable times to inspect the -Works and all records, accounts a -d data of the City relating thereto. . SECTION SEVENTEEN. The City further covenants and agrees that if default is made in payment of any Bond or Coupon or if the City fails to meet any Bond requirement, the holderof such Bond may declare such Bond immediately due and payable, and such Bond shall thereupon he due and payable and in default. SECTION EIGHTEEN. If there be any default in the payment ofeither the interest on or the principal of any of the Bonds, the holder or holders of, any of the Bonds may by proper suit compel the performance of the duties of the officials of the City, as set forth in said 'Act 132 of the regular session of the General Assembly of Arkansas for t: yearl933. If there be default in the payment of the principal of or the interest on the Bonds, any Court having jurisdiction in any proper action may appoint a receiver to administer the Works on behalf of,the City and the holders of the Bond,with power t discharge and collect (or, by mandatory injunction or otherwise,to„ cause to be charge, and collected) rates sufficient to provide for the payment of,the Bonds and interest thereon and for the payment of the operating expenses and to.apply the income and revenues in conformity with said Act and this Ordinance. SECTION NINETEEN. To the end that a record of the pledge of the revenues and the agreement not to mortgage the Works, set out in this Ordinance, may be preserved,the Ity Clerk be and is hereby authorized to file with the Recorder of Washington County, Arkansas,a certified copy of this Ordinance, acknowledged in the form required for deeds and mortgages, with the directions that the same be recorded in the office of said County Recorder as in the case of ddeds and mortgages. SECTION TWENTY. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION TWENTYONE. It is ascertdinednand declared that the lack of a sewage treatment. plant for the needs of Fayetteville, Arkansas,endangers the health and safety of the inhabitants of said City; that by reason of the presentoconditions many oitikens of t. City are out of work, and the construction herein provided would furnish work for,a large number of men and thereby add to the pence and happiness of the City. It is, therefore declared that an emergency exists, that this Ordinance is necessary for the immediate preservation of the public peace, health and safety, and that this Ordinance shall take effect and be in force from and after its passage. A"ttesfti: _DT& Approved :_d, City blerk, Mayor, Reebrded',•int:the Circuit Clerk's Office November 1� 1935. Published #m�the Fayetteville Daily Democrat, November /6'19350 The px,_Qpos.4i,otns._-.o.£,.p-titting viaduct over Frisco Ry. out at Lafayette street or putting crossing at Maple street was discussed. Alderman Carter moved that the Mayor appoint a Committeeoof three to investigate these propositions. Alderman Peal seconded this:^,mo•tionawhich:,bArnied unanimauslyy,and the:.Mayor appointed Aldermen: Gregory,,Bron.son, and Bynum as tEii'Committee. On motion of Alderman Sanders,seconded by Alderman Bynum ,receiving the unanimous voteof the Council, this body was adjourned, Approved: Mayor.