HomeMy WebLinkAbout1948-09-20 Minutes■
191
ITbe Clerk presented the August reports of Paul Jameson, as Municipal Judge, J.W.MeGehee
as City Clerk And Collector, .Alderman Hale made a motion that the reports be received is
and filed, seconded by Alderman Uray,.which was .passed unanimously by the Council•
Island to Alderman Gray made a motion that the Mayor be authorised to write a letter
be to the D.X.Station on North College Avenue,.giving them permission to remove the Island
removed in front of their station, this motion.was seconded by alderman Harlan, and was passed
D.X. unanimously by the Council*
Station
Alderman Gray stated that he had had samte.requests to remove the parking
Meters meters from in front of some of the filling statQns, after -discussion, alderman bray
to be made a motion that two be removed from Spyres Station on West Dickson, -and one from
removed each of the following stations: D.X.Station, on North Vollege, pities Sertise on West
from Dickson,and Conoco , at Locust and Dickson, this motion was seconded by Alderman Hale,
sere and was passed unanimously by the Council*
stations
City Attorney Price Dickson stated that he was leaving theszsat morfUgg
City to attend the hearing of the Southwestern Bell Telephone Company at Little Rock, for a
to pay proposedein crease'In rates, and that there were 21 Cities in the State protesting the
part rate increase, and that he thought the Attdrneys representing all of these cities would
expenseprobably select 2 Or 3 Attorneys to represent all of the Cities, and he wanted authority
of to obligate the City for their propoXtionate part of the expense, Alderman Hale made a
Phome motion that the City Attorney be aut';rised to obligate the, City,not to exceed $150.00,
hearing this motion was seconded by Alderman Harlan, and was passed unahimously.by the. Council*
City to 'he Mayor stated that he bad reques.tsfrom the various women's Civic clubs, to
accept know if the Civic clubs should arrange to purchase the land.on East Spring Street,
land iielonging to J.R.Joyee# would the City agree to dccep nd-maintain it as a City Park,
for - after discussion, Alderman Hale made a motion that the` gree to accept and maintain it
park in its natural stats, and to improve it as the City has funds available, this motion war
seconded by Alderman Feathers, and was passed unanimously by the Councils
Alderman Hale made a motion that all the City offices close Friday
at noon for the Washington County Fair, this motion was seconded -by Alderman gray, and
was passed unanimously by the Council*
T#ere being no further business, Alderman Hale moved to adjourn,
t27 8:.0161gek;:;Moriday spptember, 20th, 1948, this motion was seconded by Alderman Gray,
and was ssed unanimousll.by the Counall, arra the Mayor,declared the.Council adjourned
till 8 O Clock, Monday September,.20th, 1948.
Approved
_ • //�/ • mayor
,AttestUqLty Clerk" V
Fayetteville -City Counsll net in adjourned session, Monday, September 20th, 1948.
ilresentt Mayor O.T.Samders, City C1erk.J.W.MeGehee,•City Attorne* Price Dickson, City
Engineer E. T.Erown, Aidermen;.Xale,.r'eathers., Bohe,.Williams, Whitfield,.White and Grae
Absent: Alderman Harlan*
The Mayor stated that this was the date that had been advertised to sell
$800,000 Negotiable Waterworks Revenue Refunding and Construction Bonds said bonds to
bear not to exceed 3%9 and to be sold at not leas than par*
there were two syndleatesof bond buyers present: Vis: T.J.Raney & Sons and
W.R.Stephens,composmng one syndicate. Hi11,Crawford &Langford and E.L.Villareal the other
qr±e; but neither syndicate would make a bid on the bonds as advertised.
•Alderman Whitfield made a motion that the public sale be declared slosed,
and that the sale proceed on open•aution bids on the same terms and conditions as adveria
for the public sale,except, that the ceiling on the interest rate be removed, this motion
was seconded by Alderman Gray, and was passed unanimously by the Council*
The sale then proceeded with the following bids being recorded:
Raney -Stephens Syndicates -3:45•-3:42- 3.40m 3,38- 3'•35
1,Eta1, &Villareal " : 5:44- 3.41- 3.39- 3.36-bLropped oat •
Alderman Whitfield made a motion that the bid of 3.35 be rejected, seconded
Alderman Feathers, which was passed unanimously by the Council's
Alderman Feathers introduced the following Resolution, and moved its
iption, seconded by Alderman Hale, which was passed unanimously by the eouncil'•
Resolution;
Whereas,. W.R.Rogers,filed his petition with the City Clerk of this City,
oIn the 23rd day of August, 1948s for the closing of certain streets and alleys in said
City, and;
Whereas, a hearing must be had on said petition, and notice of suck hearing
given, both as required by.law, now:
Therefore, be it resolved by the City Council of the City of Fayetteville,
(Arkansas, upon the proper motion, duly made and seconded , and passed by said eouncil
that a hearing on said petition be had upon the 11th day of October, 1948, at the -regular
meeting of this Council, and the City Clerk of this City is hereby ordered and directed
to publish notice'of such hearing'as required by law*
Passed and approved September 20th, 1948.9
Approved���__C
Mayor
Attest
wity .ler e-
192 .v
Aderman shay reported -that the ries plans and specification for the shop building on hig]
62, were eeady,nnd Alderman Feathers made a motion that the Street Committee advertise f!
. bYds.ofor construction of the shop building, said bids to be opened at the Administration
Building at 4 O'Clock, Pog3'p on October 11th, 1948, this motion was seconded by Alderman
&ale,. and was passed unanimously by the Council,*
Aide man.Hale made a motion that the Water Plant be authorised to.. -pay Rose,Dob;
& Hrmse,;theesiM°:of.4100for an approving opinion on the proposed $1n0,000.loan that the Wat,
Plant is plannhiig to negotiates this motion was seconded by:.Alderman Ililliams, and was )a
unanimously by the Council•#
of
With reference to widening Dickson Btreet* Aldlrman,Gray reported that it was
the recommendation -of the Street Committee, that the City make a proposition to the
(_Univers-ity of Arkansas,-; that the City will pay 40% of the cost of Widening the North ass
)iokson Street from Arkansas Avenue to Garland Avenue, if the University will pag 60%0
Alderman Rale made a motion that the recommendation of the dommittee be approved, this
motion was seconded by Alderman Feathers, and was passed unanimously by the Council•
,.. Alderman Williams made a motion that a traffic light be purchased, and plac
at the•intersection of.Garland and Cleveland,, this motion was seconded by Alderman Feath,
and was passed unanimously by the Council..
_Alderman Hale made a motion that.the.•Mayor.and Street Committee be au'
-ised to secure the right-of-way from.Mr Watts and Mr.Fairless.on the South side of Conte:
street for a strip of land between Gregg Avenue and University Avenue said land being
needed to straighten the right-of-way at this point, this motion was seconded by Alder=
Whitfield, and was passed unanimously by the Council*
Alderman Whitfield introduced a "RESOLUTION ADOPTING AND APPROVING THE EXE
CUTION OF THE GRANT AGREEMENT WITH THE ADMINISTRATOR OF EVIL AERONAUTICS] U.S.DEPART-
MENT. OR COM14ERCRO TO OBTAIN FEDERAL AID IN THE DEVFLOPMENT,yAYETTEVILLE MUNICIPAL AIRPOI
and moved its adoption, this motion was seconded by Alderman Hale,and was passed unanim
the Council*
( REBOLUT ION .
iv RFSOTI?TION ADOPTING AND APPROVIN6 THE EXECUTION OF THE GRANT AGREEMENT WITH
THE ADMINISTRATOR.OF. CIVIL AFRONAUTICB, U.S. DEPARIMENT OF COMMERCF, TO OBTAIN FEDERAL A
IN THE DEVELOPMENT OF FAYETTEVILLE MUNICIPAL AIRPORT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVIL)LEE, ARKANSAS:
s ,Neel[
sed
by
SECTION--I.,That the City of Fayetteville. Arkansas, shall enter into a Brant
greement for the purpose of obtaining Federal Aid in the development of the Fayetteville
Municipal Hirport and that such agreement shall be set forth hereinbelow.
SECTION 2. That the Mayor of the bity of Fayetteville, Arkansas, is hereby
authorised and directed.to execute said Grant Agreement in quadruplicate on behalf of the
City of Fayetteville, Arkansas.,. and the City Clerk of the City, of Fayetteville, Arkansas,
La hereby jauthoriaed and directed- to impress the official seal of this City of Fayetteville,
Arkansas, and attest said ezecubionv
SECTION S. That the Grant Agreement referred,toohbreinabove shall be as follows:
DEPARTMEPJT OF COMMERCE
Civil Aeronautics Administration
Washington; D. G.
GRANT AGREEMENT
Part I - Offer
J -
Date of Offer: September 15, 1948
Fayetteville Municipal Airport
Project No. 9-03-n02-7nl
TO: The City of Fayetteville,,Arkansas (herein referred to as the "Sponsor")
_FROM: The United States of America (acting through the Administrator of Civil Aeronautics,
herein referred to•as-the."Administrator")
WHEREAS, The Sponsor has submitted to the Administrator a Project Application dated April 27,1948,
fora grant of Federal Hinds for a project for the development of the Fayetteville Municipal Air -
port (herein called the "Airport"), -and a'Sponsor's Assurance Agreement adopted by the Sponsor
under date of October 27, 1947, relating to the operation and maintenance of said Airport!, to-
gether with plans and specifications for such project, which Project Application.and Sponsor's
assurance Agreement are hereby specifically incorporated herein and made a part hereof; snd
VIfiEREAS: The.Administrator has approved a project -for development of the Airport 'herein called
the "Project") consisting of the following described airport development:
Land acquisition; clearing and grubbing; grading
;,and drainage of NIS landing striV and ad acent
areas; paving :of NIS runway (100 x 3ran0 );
turfing; fh rnishdnE and installation of elevated
runway marker•lighting system on it/S runway,
obstruction lights on hill to the North and
segmented circle marker system,
all as more particularly described in the plans and specifications approved by the Admin-
istrator or his duly designated representative, which plans and specifications are incorpiorated
r
Herein and made a part heeof;
I
OW, THEREFORE, pursuant -to -and for the purposes.of carrying out the provisions of the F
irport Act (60 Stat. 170; Pub. Law 377, 79th Congress), and in consideration of (a) the
doption and ratification of the representations and assurances contained in said Projec
nd Sp o sorts Assurance Agreement, and its acceptance of this Offer, as hereinafter prov
t
al
nsor's
plication
, and (b)
the benefits to accrue to the United States and the public from the accomplishment of
the Project and the operation and maintenance of the Airport, as herein provided,
THE ADMINISTRATUR, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to
pay, as the United States' shares of costs incurred in accomplishing the Project, 25
percentum•of the allowable land acquisition costs and. 50 percentum of all other allows.
project costs, subject tothefollowing terms and conditions;,
1. The maximum obligation of the United States payable under this Offer shall
be $63,087.00.
(c) It is mutually understood and agreed that the United States will not
make final payment of the allowable costs of this project until the
Sponsor has submitted satisfactory evidence that the airport approach
areas, as defined in Office of Airports Drawing No: 672, dated Sep-
tember 19 1946, have been protected byethe adoption of a zoning
ordinance and regulations or by securing avigation easements or other-
wise, prohibiting the creation, establishment, erection or construction
in such areas of airport -hazards to the extent -provided for in such
Drawing or approved by the Administrator as suff2cient•in,the case of
this particular airport. It is further mutually understood and agreed
that if the approach areas shall have.been protected by the acquisition
of avigation easements or bther interests in land, the assumption of
this obligation shall not operate to bar inclusion of such acquisition
in a subsequent project.-
The
roject.The Sponsor's acceptance of this Offer and ratification and adoption of the Project
Application and Sponsor's Assurance Agreement incorporat6d herein shall be evidenced
by execution of this instrument by the Sponsor, as hereinafter provided, and said
Offer and acceptance shall comprise a Grant Agreement, as provided by the Federal
Airport Act, constituting the obligations and.rights of the United States and the
Sponsor with respect to the accomplishment of the Project and the operation and
maintenance of,the Airport. Such Grant Agreement shall become effective upon the
Sponsor's acceptance of this Offer and shall remain in full force and effect thro,7ghout
the useful life of the facilities developed under the Project but in any event not to
exceed twenty years.from the date of said acceptance.
,UNITED STATES OF AMERICA
THE ADMINISTRATOR OF CIVIL AERONAUTICS
By /a/ L. C. Elliott
2. The Sponsor shall:
(a) begin accomplishment of the-Project'within a reasonable time after
acceptance of this Offer, and '
(b) carry out and complete the'Project in accordance with the terms of
this Offer and the Federal.Airpor.t Act and the Regulations promul-
gated thereunder by the Administrator in effect on the date of this
Offer, which Act and Regulations are incorporated herein and made a
part hereof, and
(c) Carry out and complete the Project in accordance with the plans and
specifications incorporated herein as they may be -revised or modified
with the approval of the Administrator or his duly authorized
representatives.
3. The Sponsor shall operates: and maintain the Airport as provided in the
Sponsor's Assurance Agreement incorporated herein.
4. Any misrepresentation or omission of a material fact by the -Sponsor
concerning the Project or the Sponsor's authority or ability;rto carry out
the obligations assumed by the Sponsor in accepting this Offer shall
terminate the obligation of the United States, and it is understood and
agreed by the Sponsor in•accepting this Offer that if a material fact has
been misrepresented or omitted by the Sponsor; the Administrator on behalf
of the United States may recover all grant payments 4made.
5. The Administrator reserves the right to amend or withdraw this Offer at
any time prior to its acceptance by the Sponsor.
6. This Offer shall expire and the United States skall 'not be obligated to
pay any of the allowable costs of.the Project unless this Offer has been
accepted by"the Sponsor within 60 days from the above date of Offer or
such longer time as may be prescribed by the,Administrator in writing.
7. ('a) It is hereby understood and -agreed by the parties hereto that the United
States will not make, nor be obligated to make, any payment under this
Grant Agreement until the Sponsor has submitted satisfactory evidence
to the Administrator that -the rights and interests of the Fayetteville
Flying Service, or its assignees or successors in interest, in and to
the airport premises have been extinguished or the Agreement under which
such rights and interests are being exercised or have been conveyed, has
been amended to the extent deemed necessary by the Administrator, to
enable the Sponsor to comply with the provisions of .this Agreement and
of the Act.
(b) The Sponsor hereby covenants and agrees that prior to•final payment
under this Grant Offer it will acquire an easement over and across
the land delineated on Exhibit °B which has been attached to the
Sponsor's Assurance Agreement. 4,
(c) It is mutually understood and agreed that the United States will not
make final payment of the allowable costs of this project until the
Sponsor has submitted satisfactory evidence that the airport approach
areas, as defined in Office of Airports Drawing No: 672, dated Sep-
tember 19 1946, have been protected byethe adoption of a zoning
ordinance and regulations or by securing avigation easements or other-
wise, prohibiting the creation, establishment, erection or construction
in such areas of airport -hazards to the extent -provided for in such
Drawing or approved by the Administrator as suff2cient•in,the case of
this particular airport. It is further mutually understood and agreed
that if the approach areas shall have.been protected by the acquisition
of avigation easements or bther interests in land, the assumption of
this obligation shall not operate to bar inclusion of such acquisition
in a subsequent project.-
The
roject.The Sponsor's acceptance of this Offer and ratification and adoption of the Project
Application and Sponsor's Assurance Agreement incorporat6d herein shall be evidenced
by execution of this instrument by the Sponsor, as hereinafter provided, and said
Offer and acceptance shall comprise a Grant Agreement, as provided by the Federal
Airport Act, constituting the obligations and.rights of the United States and the
Sponsor with respect to the accomplishment of the Project and the operation and
maintenance of,the Airport. Such Grant Agreement shall become effective upon the
Sponsor's acceptance of this Offer and shall remain in full force and effect thro,7ghout
the useful life of the facilities developed under the Project but in any event not to
exceed twenty years.from the date of said acceptance.
,UNITED STATES OF AMERICA
THE ADMINISTRATOR OF CIVIL AERONAUTICS
By /a/ L. C. Elliott
194
Part II - Acceptance
he City of Fayetteville, Arkansas, does hereby ratify and adopt all statements" repre-
entations, warranties, covenants, -and agreements contained in•-.the.Project Application,
ponsor'a Assurance Agreement, and incorporated materials referred to in -the foregoing
ffer and does hereby accept said Offer and by such acceptance agrees to all of the ter]
nd conditons thereof*
xecuted this Y -day of ,�'G-.lbw s 19OF
-
CITY OF FAYFTTEVILLE, ARKANSAS
SEAL)
ttest
itle
i
ERTIr'ICATE CF= SPONSOR' -S ATTORNEY
By
Title
- , acting as Attorney for the City of Fayetteville,
r ansas, do hereby cer l
hat I have examined the foregoing Grant Agreement and the proceedings taked-by said
ity of Fayetteville. -Arkansas, relating thereto; and find that the acceptance thereof
y said City of Fayetteville,- Arkansas, has been duly.authoziUed and that the
xecution thereof is in•all'respects due and proper and` in accordance with the laps
f the State of Arkansas; and further that, in my opinion, said Grant Agreement
onstitutes a legal and.binding obligation.of the -City of Fayetteville, Arkansas, in
ccordance with the terms thereof.
Dated at
this _day of 1g"
OPTED:' �Q • 02 d, �9I�
r.A T. l ..
TTEST..
City. C e•r
Title
APPROVED BY: GYs tliC (tea
Mayor
There being no further business,Alderman Hale moved to adjourn,aeconded by
lderman Gray, which was passed unanimously by the Couaoil, and hhe Mayor declared the
ounoil adjourned•
Approved .
.mayor
Attest (
�/
0