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HomeMy WebLinkAbout1947-10-27 Minutes145 ayetteville City Council met in regdlar session,. Monday, Octmber 27, 1947. resent: Mayor G.T.Sanders, City Clerk J.W.McGehee, City Engineer. E.T.Brown, City Attor- ey Price Dickson, Fire Chief Henry George, and alderman; Hale�Adkisson, Harlan, Bohe, illiams, Whitfield, White an d Gray, inutes of the regular meeting of r,e follwing bills were presented editing committee: Octber 13th, were read and approved* after their approval by alderman Bohe, member of the ommunity.Chest $50.00 Arlie Clark reen Chev Co. 108.40 James Baker .T.Samders 82.87 Conley Byrd .V.Dorman 3.00 Albert Gobel rk.W.Gas Co. 2.45 T.C.Hood .H.Hester 25.00 H.E.Swift elbert Hester 22.60 Conley Byrd eroy Baker 25.00 Geo.Mc&inley arl Lower 25.00 W.H.Hester arl W.Wolfe 20.80 Delbert Hester red Martin 33.75 Carl Lower d.Ward 2.60 Leroy Baker igre Gabbard 25.00 S th Baker hester Stephems 25.00 Albert Gobel .E.Boyd 25.00 J.E.Gobel ouis Stone 25.00 Carl B.Wollfe .E.Stone 25.00 Fred Martin reed} Byrd 25.00 H.O.Porter en Yount 25.00 Lige Gabbard erald Watsdg 22.60 Chester Stephens iram Gabbard 22.60 R.E.Boyd om Williams 28.00 Louis STone red Drain 28.00 A.E.Stone $37.28 Green Byrd $25.0Q 37.28 Ben Yount 25.00 25.00 Hiram Gabbard 22.60 25.00 Gerald Watson 22.60 1.50 Tom Williams 28.00 48.85 Fred Drain 28.00 '4.66 Arlie.Clark 28.00 1950 Hames Baker 28.00 25.00 Cities Service 36.20 22.60 NWeArk Times 9.40 25:00 Com Radio Equipment Cc 2.50 25.00 Smith Radio.Shop 132,65 25.00 Rogers.Electric Co. 8.37 25.00 Fay.Spring Shop 5.00 25.00 The Automotive, Ino 30.40 25.00 Hilton Bros Furniture 79.05 33.00 Bohe Grocery 4.47 4.00 Republic Printing Co. 23.98 25.00 J.W.McGehee 1.05 25:00 Harry Cooper Supply Cc 17.64 25.00 Cities Service 31.20 25.00 J.W.McGehee .25 25.00 Rogers Electric Co. 2.00 rman Whitfield made a motion that the bills be allowed as approved, seconded by al Adkisson, which was passed unanimously by the Council. Alderman Whitfield introduced the following Resolutton and moved its adoption, seconded by alderman Gray, and on roll call by the Clerk, was passed unanimously by the Council RESOLUTION: RESOLUTION ADOPTING AND APPROVING THE EXECUTION OF THE SPONSOR'S ASSURANCE AGREEMENT TO BE SUBMITTED TO THE ADMINISTRATION OF CIVIL AERONAUTICS, U. S. DEPARTMENT OF COMMERCE TO OBTAIN FEDERAL AID IN THE DEVELOPMENT OF DRAMFIELD, FAYETTEVILLE MUNICIPAL AIRPORTS .' ' BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE# ARKANSAS; SECTION I. That the City of Fayetteville, Arkansas, shallg.enter into a Sponsor Apsuranae Agreement for the purpose of obtaining Federal aid in the development of the Drake Field, Fayetteville Municipal Airport and that such agreement shall be as set fort hereinbelow. SECTION2. That the Mayor of the City of Fayetteville, Arkansas, is hereby authorized and directed to execute said Sponsor's Assurance Agreement in quadruplicate on behalf of the City of Fayetteville, and the Secretary (City Clerk) is hereby author- ized and directed to impress the official seal of this City of Fayetteville, Arkansas and to attest said execution* SECTION 3. That the Sponsor's Assurance Agreement referred to hereinabove shall be as follows: DEPARTMENT OF COMMERCE n ACA -1642 CIVIL AERONAUTICS ADMINISTRATION (10-46) Federal Airpost Program SPONSOR'S ASSURANCE AGREPXENT SECTION 1. For and in consideration of the execution by the United States f a Grant Agreement obligating the United States to pay a portion of the allowable roject costs of a project for development of the Drake -Field, Fayetteville Municipal irpoat under the provisions of the Federal Airport Act, and the Regulations promulgated hereunder, the City of Fayetteville, Arkansas hereinafter called the "sponsor", for tself, its successors, or assigns does hereby covenant and agree with the United States s follows: a. All terms used in.this Agreement which are defined in the Federal Airpor ct, and the Regulations promulgated thereunder., shall have the meaning.given to them in uch Act and Regulations. b. Insofar as legally possible, the sponsor will maintain a master plan of �be airport, including building areas, approach areas, and landing areas indicating prese Ind. future proposed development commensurate with the airport. and with current approvalof the Administrator; and in establishing additional impDovements, the s)ponsor will conform I o such master plan or approved changes thereto. ' I c.'During the term of this agreement, the airport will be operated con- tin'busly as such and for no other purpose and will at all times be operated for the use end benefit of the public, on -fair and reasonable terms and without unjust discriminati . d. The sponsor will'not hereafter use or permit the use of the.airport ex- clusively'for. air carrier oper=ations; unless there are other'public airport facilities in the area adequate to serve other types of users; it will not.grant, exercise, or permit the exercise of any exclusive right for use of the airport by one air carrier operator, or for rental of aircraft to the public, for conducting charter flights, or for operating a flying.school, and that, after the date of this agreement, it will not grant or authorize the grant of exclusive right at the airport for selling aircraft, aircraft parts or equipment, or for repairing aircraft and engines, or for carrying on other airport services or fixed'base operations of an aeronautical nature. Nothing contained herein shall be construed to waive or .abrogate the requirements of"section 3n3 of the Civil Aeronautics Act of '1938. In the interest'of safety, the Administrator may waive in writing compliance with any or all the provisions of this sub -section. e. Except as provided in d. above, the sponsor will peiinit all qualified operators, on reasonable terms and without unjust discrimination, to use the airport for anv aeronautical business or operation up to the capacity of the airport. f. The sponsor will'not hereafter grant to'any one an exclusive right to sell aviation gasoline or oil. g. During the term df this agreement the sponsor will continously maintain in good and serviceable condition and repair the entire airport and all buildings and other iriuprovements, facilities,'and equipment, other than facilities or equipment owned or controlled by the United States; provided; however., 'in meeting this requirement the airport is not expected to be operated and maintained for aeronautical uses'during tem- porary periods when climatic.or.�flood conditions interfere substantially with operation nd maintenance during such periods: Essential facilities; including night lighting systems, when installed, will be operated in such a manner as to assure their availability to all users of the airport* ht h. The sponsor will'replace and repair all'buildings, structures, and faci.liries 7 developed under the�projact if such are destroyed -or damaged, replacing or restoring them to a condition comparable to that preceding the destruction or damage. i. If the land or improvements thereon, acquired or developed under the pro are sold, condemned, or otherwise disposed of, wholly or in part, the United States wil be reimbursed in proportion to its original investment in the property s.o disposed of, not exceeding its original share in the portions so disposed of, except that if the pro Are used by the sponsor for airport purposes within two vears or if a transfer is made pursuant to this agreement to another pixblic agency or agencies for operation as an air there shall be no reimbursement to the United States. j. Insofar as is within its powers and reasonably possible the sponsor will prevent the use of any land either within or outside the boundaries of the airport, incllu the construction, erection, alteration, or growth of an- y structure or other object thereo which would be a hazard to the landing, taking -off, and maneuvering by aircraft at the ai port, or otherwise limits its usefulness as an airport. With respect to land outside ti boundaries.of the airport; the�sp.onsbr;.will remove or cause to be removed any growth, structure, orother objuct thereon which would be a hazard to the landing, taking -off, or maneuvering aircraft at the airport, or when such is not feasible, it will mark or light, such growth, structure, or other objuct. The airport approach standards to be followed in this connection shall be those established by the Admintstrator in Office of Airports Drawing No. 672 dated September 1, 1946 unless otherwise authorized by'the Administratol. Insofar as legally possible, the Sponsor will adept and enforce zoning ordinances and regulations to safeguard aircraft flight operations within the airport hazard areas as defined in the above mentioned drawing, prohibit irrg.the creation, establishment, erection and construction of hazards to air navigation; or insofar as reasonably possible, will acquire such easements or other interests in lands and air space as ma*. be necessary to perform the covenants of this paragraph. k. All facilities of the airport developed with Federal aid and all those usable for the landing and taking -off of aircraft will be available to the United State at all times without charge for use by military and naval aircraft in common with other aircraft, except, if the use by military and -.naval aircraft shall be substantial, a reasonable share, proportional to such use, of the cost of operating and maintaining facilities so used, may be charged. 1. The sponsor will furnish to any civil agency of the United States, with charge (except for light, heat, janitor service, and similar facilities and services at the rAasonable cost thereof), such space in airport buildings as may be reasonably adeq for use in connection with any airport air traffic control activities, weather-reportin activities and communications activities related to airport air traffic control, which necessary to the safe and efficient operation of the airport and which such agency may necessary to establish and maintain at the airport. M. The sponsor will maintain a current system of airport accounts, and rec using a system of its own choice, sufficient to provide annual statements of income and pense, balance sheet and affiliated fiscal reporting. It shall, uppn•,re�Lsonable reques furnish the Administrator with annual or special financial and opernt 'ons reports. Sue reports maybe submitted to the Administrator on forms furnished by him, or may be subm in such other manner as the sponsor elects, provided the essential data is furnished. airport and all airport accounts and records will be available for inspectt on at any ti' upon reasonable request, by the'reginnal Superintendent of Airports or his authorized representativess to ding n, r - P Lit ate re eem rds , ex- , tted he e, 1.71 n. The sponsor will not enter into any transaction which would operate to deprive it of any of the rights ?nd powers necessary to perform any or all of the covenants made herein, unless by.such transaction the obligation to perform all such covenants is assumed by another public agency eligible under the Regulations issued pursuant to the Federal Airport Act, to assume'such obligations and having the power, authority, and financial, resources to carry out all such obligations. If the management and operation of the.airport is relinquished wholly* or in part, the sponsor agrees that it will reserve sufficient powers and authority to insure that the the airport will be operated and maintained in accordance with the Act and the Regulations. o. The sponsor will furnish to the Administrator through the District Airport Engineer within ten days after their execution or adoption, three copies of all deeds, leases, operation or management agreements, laws,,, ordinances, rule's and regulations, or other instruments affecting the aeronautical use of the airport. All leases, oper- ation or management agreements or other instruments affecting the aeronautical use of the airport shall contain a provision that such documents shall be subordinate and subject to the provisions of this agreement. p. The sponsor will acquire prior to the commencement of construction the following property interests as shown on the outline survey attached hereto as Exhibit "A" (Map attached.) The sponsor will acquire prior to the following property interests as shown on Exhibit "A". (Map Attached SECTION 2. In order to satisfy the Administrator that the sponsor is qualified to sponsor the project under the requirements established by the Act and the Regulations, and to induce the United States to enter into a,Grant Agreement with re- spect to the project, the sponsor does hereby warrant and represent to the Unfitted States as follows: a,. That it holds the following property interests as shown on Exhibit "A". (Map attached.) b. That it'has sufficient funds available for that portion of the project costs which is not to be paid by the United States; c. That i.t'has the power and a>>thority, of itself or through an agent, to receive a grant of Federal funds under the Act; d. That it has the power and authority to make these assurances and to per- form all the covenants and agreements contained herein; ' . e. That it is legally and financially able to operate and maintain the air- port and to perform all the covenants contained herein; f. Tbatthere is no pending litigation or other legal proceeding, and no material or relevant fact, which might adversely affect the prosecution of the project, the operation of the airport, or the performance of any of the covenants contained in Sections 1 and 2 hereof, which has not been brought to the attention of the Administrate SECTION 3. This Agreement shall become effective immediately except that Section 1 hereof shall not be effective until the execution.of the Grant Agreement. This Agreement shall remain in full force and effect during the•useful life of the facilities developed under the project but in any event.not to exceed twenty years from the date of the execution of the Grant Agreement. SECTION 4. If any provision of this agreement or any application thereof sha•11 be held invalid, such invalidity shall not affect any provision or application., of this Agreement which can be given effect without the invalid provision or ap- plication. SECTION 5. This document constitutes the (sponsor's) assurance as required under Sections 9 and 11 of the Act and shall be referred to as the "Sponsor's Assurance Agreement." City of Fayetteville, Arkansas Sponsor By / Mayor Attest: City Clerk Increase Alderman Bohe reported that the Sanitation Department employees were asking for lin pay an increase in pay, after discussion, it was decided that if an increase were allowed to be in one department; it would have to include all departments, alderma8 Hale made a motion 2onsid- that the matter be referred to a committee to be appointed by the Mayor, this motion was Bred seconded by alderman Whitfield, and was passed unanimously by the Council* The Mayor appointed the FINANCE COMMITTEE, Viz: Whitfield, Bohe and Hale. Alderman Hale reported that he had an -estimate of approximately $650 to inst Estimate a fire escape for the Administration Building# and it was suggested that the Building for committee contact the Masonic lodges on the 3rd floor to seetwhat part of the cost they Fire will be willing to pay* escape l 0 [48 Browns The Mayor reported that Guy Brown was intending to build some garages with apartments use abovethe garages, in Block 4, Original Town* and wanted permission to.use asbestos sidin restos in place of brick veneers after discussions alderman Adkisson made a motion that he be ing permitted to use the asbestos siding,provided that he use fire proof lath, also* this motion was seconded by alderman Whitfield, andconwrollaaall.byathe__Clerks.the following vote was recorded; Ayes: Hale, Adkisson, Harlan, Bohes °4illiamss Whitfield and Gray. White. A d t ay de 1 re t mots sseds as there were L Ayes, ander Nayl.. Alderman Bohe introduced an Ordinance entiti,ecl " AN ORDINBNCE EXTENDING THE FIRST FIRE ZONE OF THE CITY OF FAYETTEVILLEs ARKANSAS, FOR, OTHER PURPOSES." The Ordinance was read in full by the Clerk, alderman Whitfield made a moti that the rules be suspended and the ordinance placed on its second reading, this motion was seconded -by alderman White, and was passed unanimously by the Council. The Clerk then read the ordinance the Second time, after discussion, it was N _� ided to leave it on its second reading. Alderman Whitfield introduced the following resolution,alderman tion ,seconded by alderman Hale, which was passed unanimously by the Council* \oATRESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. Toat engineering aid legal services required to be performed by the Civil Aeronautics Administration in connection with the present airport improvement project hich is to be sponsored by the City of Fayetteville with.funds of the City of Fayetteville o be matched by funds allocated through the Civil Aeronautics Administration, are not ithin the scope of the.duties of the City Engineer and City Attorney. Section 2e The airport committee is hereby authorized to employ an engineer(s) nd an attorney(s) of their own choosing to perform the engineering and legal services squired by the Civil.Aeronauties Administration in the prosecution of the application of he City of Fayetteville and 'the construction of such improvements to the Fayetteville unicipal Airport as may agreed upon by the Airport committee of the City of Vayetteville nd the Civil Aeronautics Administration, and to pay for such services such sums as may eet with the approval of the airport committee and the Civil Aeronautics Administration o be considered as a part of the costs of improvement; and if the regulations of the ivil Aeronautics Administration require the Mayor and the City Clerk to execute contracts ith the engineer(s) and attorney(s)s that they be and are hereby authorized and directed o execute such contracts. Adopted this 27th day of Octobers.1947.1 Approved Mayor Attest _ y Clerk. Alderman Bohe introduced ,the�follo�.lh RESOLUTION, alderman Whitfield moved its adoption seconded by alderman White, which was passed unanimously by the Council'. RESOLUTION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLEs ARKANSAS: Section 1. That the airport committee of the City Council of the City of Fayettevilles. Arkansas bes and they are hereby authorized to dispose of so much of the ,real estate now owned by the City of Fayetteville, Arkansas as is not..needed for constru tion and improvements to the Fayetteville Municipal Airport. Section 2. The Mayor and City Clerk of the City of Fayetteville, Arkansas are hereby authorized to execute a deed to so much of the lands of the Fayetteville Muni ipal Airport as the airport committee of the City Council shall direct. Adopted this 27th day of October, 1947, Attest Approved : , � Mayor C/ (aeric There being no further business, alderman Hale moved to adjournsseconded by lderman Whitfield , which was passed unanimously by the Councils and the Mayor declared he Council adjourned, Attest DRIVu Approved �M14 T . 4adop-