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HomeMy WebLinkAbout1952-12-08 Minutes (2)10 It 472 re-af- m Res - tion erence Liquor [its t. he Mayor reported that he had a letter from the Alcohol Control Board stattng.that':.thg ad the application of E.R.Strickland for a Liquor Permit which was endoriia by six embers of the City Council, and since they had a RESOLUTION on file requesting that he number of Liquor Permits not be increased from the present number, they would like or the Council to clarify their position on the matter, after discussion , Alderman ichardson made a motion that the Counbil re -affirm the RESOLUTION on file with the avenue Department, this motion was seconded by Alderman Hunt, and on roll call by the lark, the following vote was recorded; Ayes: Richardson, Hunt and Williams. ays:Burge, Pratt, McAllister, Heflin and Kent.. And the Mayor declared the motion lost, s there were 3 Ayes, and 5'pays. There being no further business, Alderman Richardson made a motion to adjourn ill 4:00 O'clock P.M., Monday 15th of December, this motion was seconded by Alderman eflin, and was passed unanimously by -the Council, and the Mayor declared the Council djourned till 4:00 P.M.December 15th. Approved ayor Al The Council of the City of Fayetteville in the County of Washington,State of Arkansas* m edDJOURN- pursuant to adjournment from its"regilar session of December 8th2 1952,at 4 O'C1ock,P.M. meeting on the 15th day of December,1952. The meeting was called to order by the Mayor,and the roll being called, there were; resent: Powell M.Rhea,Mayor,in the chair,and the following named Aldermen: ichardson, Burge, Hunt, Pratt, Williams, McAllister, Heflin and Kent.and City Clerk .W.MeGehee, City Attorney A.D.McAllister, City Engineer John Mahaffey,City Auditor arold Zick and Fire Chief Burl'Skeltone The Mayor stat6.d that consideration should be directed by said Council to the question f the passage ;axid_adoption of an Ordinance to authorize the issuance of additional Water avenue Bonds for the purpose of constrt4cting betterments and improvements to the Municipal ater System of Fayetteville, Aransas. After discussion by said Council,A].derman Pratt introduced in writing an ordinance ntitled6 '"AN ORDINANCE AUTHORIZING THE ISSUANCE OF ADDITIONAL WATER REVENUE BONDS FOR HE PURPOSE OF CONSTRUCTING BETTERMENTS AND IMPROVEMENTS TO THE MUNICIPAL WATERWORKS YSTEM, SETTING UP A FUND FOR THEIR PAYMENT, AND DECLARING AN EMERGENCY", and moved that he same be read in full. The motion being seconded by Alderman Kent, the question was ut by the Mayor on the adoption of said motion, and the roll being called, the following oted: Aye: Richardson, Burge, Hunt, Pratt, Williams, McAllister, Heflin and Kent Nays:None. Whereupon the Mayor declared the motion duly passed and ordered that aid ordinance be read The Mayor'syated that since D.P.Raney was present and was familiar with the ordinance had kindly consented to read the Ordinance. Said Ordinance was then read in full by D.P.Raneye: Alderman Williams then moved that the rule requiring an ordi;,Anceljor::#resolution read in full on three different days be suspended and that said Ordinance be placed its second reading, seconded by Alderman Richardson, and thereafter the Mayor put the stion on the adoption of said motion,and the roll being called, the following voted: Aye: Richardson, Burge, Hunt$ Pratt, Williams, McAllister, Heflin and Kent. Nays:None. Whereupon, the Mayor declared the motion duly passed and said Ordinance laced on its second reading. The Ordinance was then read by D.P.Raney. Alderman Richardson moved that the rules be further suspended and the Ordinance laced on.its third and final reading. This motion was seconded by Alderman Burge, and hereafter the Mayor put the question on the adoption'of said motion,and the roll being alled, the following voted: Aye: Richardson, Burge, Hunt, Pratt, Williams, McAllister, Heflin an&'Kent. Nays:None. Whereupon the Mayor declared the motion duly carried. Said ordinance was read in full by D.P.-Raney, Alderman Pratt moved its adoption,and ter due consider ation,zthereof by said Council, the Mayor put the question upon the adop- on of saod motion, and'upon the passage of said ordinance,and the roll being called,thel llowing voted: Aye: Richardson,Burge,Hunt,Pratt#Williams,MeAllister,Heflin.and Kent, Nays:None. Whereupon the Mayor declared said motion duly adopted and said ordinance ly passed,and signed his approval to said ordinance;same attested by the City Clerk and pressed with the seal of said City. Alderman Burge then moved that said ordinance go into immediate operation and ecome effective without delay because'of the emergency declared in the final section f said ordinance,which section was read in full,seconded by Alderman Pratt. The Mayor put the question on the adoption'of said motion, and the roll being alled,the following voted: Aye: Richardson, Burge, Hunt, Pratt$ Williams, McAllister, Heflin and Kent. Nays:None. Whereupon the Mayor declared said motion duly passed. (copy of Ordinance follows on page 473) 4d COPY OF ORDINANCE N0. 1040 H AN ORDINANCE AU�RIZING THE ISSUANCE OF ADDITIONAL WATER REVENUE BONDS FOR THE RPOSE OF CONSTRUCTIN BETTERMENTS AND MIdPROVEMENTS TO THE MUNICIPAL WATERWORKS SYSTEM, rTING UP A FUND FOR THEIR PAYMENT, AND DECLARING AN EMERGENCY. WHEREAS, the City of Fayetteville,Arkansas,now owns and operates a municipal waterworks system and has determined that it is necessary to build a new filter plant and to lay additional mains in order to extend and improve the water service and has ascer- tained that the estimated cost of the betterments and improvements will be $45020001and Whereas, under the provisions of Ordinance 9432approved October 2921948(hereinaft ermed"Ordinance No.94311),it has issued $827,000 in waterworks revenue refunding and mprovement bonds dated December 101948,for which it has pledged certain revenues to be erived by the City from the operation,of its waterworks;and 'PIE REAS,Subsection 4 of Section 11 of Ordinance No.943 expressly./the City Council o use any surplua,as therein defined,that shall:,exist in the Waterworks Revenue Bond and, as created by said Ordinance.No.943,for the constrAction of betterments and improve ents to the waterworks system, and this disposition of surplus funds is also one of the urposes authorized by Section 8 of Act 131 of the Acts of the General Assembly of the tate of Arkansas for the year.1933, as amended (Section 19-4210, Ark. Stats., 1947); amd WHEREAS, there is at this time, according to the report of the City's auditor, surplus revenue sufficient to pay the principal and interest on bonds issued for this rpose of constructing betterments and improvements to the waterworks system; and WHEREAS, the City has entered into a contract with T.J,Raney & Sons of Little ck,Arkansas, to sell $450,000 in water revenue bonds dated December"1,1952, bearing terest at the rate of 3 3/4% per annum, payable semi-annually, and all due on or before ember 1, 1983, and the purchasers are now ready to take delivery of the bonds as soon the City can legally deliver them andtihhe City needs the proposed betterments and provements to the waterworks system as soon as they can be constructed; now,therefores BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. The City Council does hereby determine that the City Shall construct certain betterments and improvements to the municipal waterworks systemanamely: to construct a new filter plant and to lay an additional pipeline from the storage lake to the filter pliant in order to protect continuity of the City's water supply. theae'stiihatadcco3 t. of these betterments and imprmvements-including engineering, legal, ffnd other expenses incidental "thereto and interest to six months after the estimated date of completion of the construction, which is June 1;1953 --is $450,000. The betterments and"imp"rovements are sometimes'hereinafber referred to collect- ively as the "Works," and the entire waterworks system;including the betterments and improvements after construction has been complsted,is sometimes referred tonas the "Systel SECTION"2.'The sale of the proposed issue of'bonds to T.J.Raney & Sons of Little Rock,Arkamsas, at a"price of par and accriied interest for bonds bearing interest at the rate -of 3 3/4% per annum"is hereby confirmed and approved, and it is ascertained and aeblared that the pride at -which the"bonds"were sold* is a price allowed by law; that the life of the present waterworks' -system will extend well beyond 1983, the maturity date of the proposed bond issue; and that the maturity of said issue does not extend be- yond the period allowed by statute. SECTION 3. That under the authority of Act'No.131 of 1933,as amended, Waterwork revenue'bends of'the City (hereinafter called' "bonds") be issued in -the total amount of $4506000, the proceeds of the sale of which issue"are necessary to provide sufficient fluids to pay the cost of the"works hereina one described, including engineering, legal and other necessary expenses; that said boas be designated "City of Fayetteville Waterwor: Revenue BAnds of-1952,"be dated as*o,r Dec Ember l; 1952s All to mature on or before Decem- ber 11,1983, but all to be callable for payment rior to maturi-Yy as hereinafter set forth for all the bonds to be in""the denomination of RO000 each, and the bonds to be numbered Z to 450, both inclusive; all to bear'interest'at'the rate of 3 3/4/'per annum, payable demi-annually om June l,and'Deaember l"of'each year begimning June 1, 1953; that the bonds be signed by the Mayor 'and City Clerk and sealed with the corporate seal of the City; and that the interest -upon the bonds be evidenced by coupons thereto attache the cpupons to be signed by said Mayor by his facsimile signature; that the Mayor shall �y the execution of the bonds adopt'as and for his own proper signature his facsimile signatdre appearing on said coupons; that the bonds and coupons be payable in such funds I at the"time of the respective payments are legal' tender for the payment of debts due t: united States of America; at the office of the Peoples National Bank of Little Rock, Arta sass or of the Continental Illinois National Bank & Trust Company of -Chicago, Illinois. The bonds, together with interest thereon, shall be payable solely out of he 1952 Waterworks -Revenue Bond Fund, as set up by this ordinance authorizing said bonds and the bonds'of this issue shall be a valid claim of. the holder thereof only against sue: fluid, whixh-is hereby irrevocably pledged and mortgaged for the equal and ratable payment of the bonds herein authorized and -shall be used for no other purpose than to pay the principal and interest of the bonds,except as hereinafter set out. SECTION 4. That said bonds and coupons be in substantially the following form UNITED STATES OF AMERICA STATE OF ARKANSAS COUNTY OF WASHINGTON CITY OF FAYETTEVILLE 3 3/4% Waterworks Revenue Bond of 1952 No* $1000 KNOW ALL MEN BY THESE PRESENT: That the City of Fayetteville, iil_'the County of Washington, State of Arkansas, for as received hereby promises tp pay; solely from the special fund provided therefor as einafter set forthsto bearer, the sum of., ONE THOUSAND DOLLARS F - 4 7 4. n or before the first day of December, 1983, with interest thereon at the rate of three nd three-fourths per centum --'(3-3/4%) per annum from date ,until paid, payable on June 1, 953, and semi=annually thereafter on the first"day-of June' and Decembr of each'year,upon resentation and surrehder of the annexed coupons"as ghey severally become dueo Both rincipal hereof and interest hereon shall be payable in such funds as at the time of the espective payments are legal tender for the payment of debts due the United States of merica, at the office'of the Peoples National Bank of Little Rock, Arkansas, or of the ontinental Illinois National Bank & Traust Company of Chicago, Illinois. This bond is one of a series -'of bonds -aggregating Four Hundred Fifty Thousand ollars ($450,000), all of like -tenor and effect except as to numbers and provisions for all for -payment before" -maturity; "dated December 19 1952.. -numbered from 1 to 450,both nclusive-,anis issiied'for the purpose -of providing"funds for the payment of the cost of etterments and iinprovements to the waterw6rks•system of the City of Fayetteville, rkansas (hereinafter called the "System")p / This bond and the -series of which"it forms a part are issued pursuant to and in ccordamce with"the provisions'of Aat No.131 of the-Regiular session of the General Assem- ly of the - State of Arkansas for the year 1933, as'amended-by later Acts of said General ssembly, and -do riot don stitute-ari -ind6btedneas-of-said City of Fayetteville within any onstitutional or statutory. limitation.- Said bonds" are payable solely ,from the1952 Watervs rics orks Revenue Bond Fund, as set up by"Ordinance No.1040..ofttheJX ity_df.Fgyetteville, pproned December 15,1952, under authority of which this bond is issued,and in said rdinance the said City of Fayetteville has fixed and has covenanted and agreed to main- ain rates for water services which shall be sufficient at all times to provide for the ayment of the principal of and -interest on the -bonds as the same become due and payable, p provide -for the creation of a seperate depreciation fund for necessary replacements to aid systemp • • - This bond is -expressly made negotiable under said Act No.131 and is issued with he intent that the laws of the State of Arkansas shall govern the construction thereof. All of'the bonds for this issue are callable for redemption and payment pryor o maturity in the order -of their numbering upon terms- of par and accrued interest if alled for payment- from surpluswaterworks revenue,' -on any interest paying date on and fter December l,of the year set opposite their respective numbers, as follows: "BOND NOS`: YEAR .(both inclusive) 1 to 9 .:::..... 1956 ........ ..... ... 10 to 191957 ....................... 20 to 29 " ':: 1958 30 to 40 :::::'" 1959 41 to 51 :::.:..:..::: 1960 52 to 62 1961 63 to 74 ...... 1962 75 to 86 ..:. 1963 ; 87 to 98 1964 99 to'lll .:: :: 1965 112 to 124 " .::.:....:....:.:: 1966 125.to 138 ............ 1967 139 to 152 1968 153 to 167 ......... 1969 168 to 182 ................. 1970 183 to 198 ' .. ...... .. 1971 199 to 215 " 1972 216 to 232 ::"" :.. :::::.::... 1973 233 to 250 :::::.::" :. .... 1974 251 to 269 :......::......:: 1975 270 to 289 1976 290 to 309 :::......... 1977 310 to 330 :::......:..............:: 1978 331 to 352 1979 353 to 375 ... ...... 1980 376 to 399 .:.:::.:::::.::::: 1981 400 to 424 :::.:::................... 1982 425 to 450 ........ 1983 On and after December 1, 1967,.All of the bonds then outstanding are callable for payment in the order of'their numbering from funds from any sourceonany interest paying date upon terms of par and accrued interest plus's premium of 2of the proncipal amount thereof. In the event the Cilryy decides to -call any bond or bonds for payment prior to maturity, it shall publish'rioti:oe"of the call in some newspaper of general circulation throughout the State of Arkansas and published in the City of Little Rock, Arkansas,once a week for two weeks commencing not -less -thah thirty days prion to the redemption date, giving the mumber and maturity of each bond being called, and each bond so called shall cease to bear interest after the"date fixed for its redemption, provided funds for its payment are on deposit with the paying agent at that time. IT IS HEREBY CERTIFIED RECITED AND DECLARED that all conditions,acts and things equired to exist, -to be performed, and to happen -precedent to and in the issuance of his bond have existed, have been performed and have happened in due time,form and manner s required by law, and that sufficient of the income and revenue which is deemed to be erived from the operation of said System has-been pledged to and will be set aside into aid special fluid -for the payment of the proncipal of and interest on said bonds, and that he amount of this bond,together with all other obligations of said City, does not exceed) ny limit prescribed by the constitution or the statutes of the State of Arkansas. This bond shall not be valid until it shall have heen authenticated by -the certifile;....; ate hereon,duly signed by the Peoples National Bank of Little Rock, Arkansas. IN WITNESS VM REOF, the City of -Fayetteville, Arkansas, by its City Council,has aused this bond t6 -be signed by the -Mayor and City Clerk thereof and sealed with the orporate seal of said City,and has caused the coupons hereto attached'to be -executed by he facsimile signatmre of said Mayor, who by the•bxecution of this bond does adopt as id for his own proper signature his facsimile signature appearing on said coupons, •: 47 and this bond shall be dated as of the first.d$y�of.�DeceinberlO.1952. o CITY OF FAYETTEVILLE, ARKANSAS (Seal) BY Attest: MAYOR " (Form of Coupon) o. $18.75 )June "On the first day of(pecember� 19.., 'the C;ty"of Fayetteville; Washington ounty;Arkansas,unless the bond to which this cupon "app tains is sooner called for pay- ent,-promises to pay to bearer the sum-of"Eighteen and 75/100 Dollars,"solely out of the and -specified in the bond -to which this coupon appertains, at the office of the Peoples ational Bank bf Mittle'.'Rock; Ar}gansas, or of the Continental Illinois National Bank & . rust Company of Chicago, Illinois, in such funds as at the time of payment hereof are egal tender for the payment of debts due the United States of Americas -being the interes hen due on its 3 3/4% Waterworks Revenue Bond of 1952 dated December 1919523 and CITY OF FAYETTEVILLE, ARKANSAS . .. ._ . . By _ All coupons shall'be for six months' Mayor nterest. The Mayor's signature may e lithographed or engraved.) On the back of. said bonds is to appear the following: CERTIFICATE This is one of the 450 bonds aggregating $4502000 described within. ttle Rock, Arkansas 11 THE PEOPLES'NATIONAL BANK OF LITTLE ROCK, ARKANSAS, Trustee By Trust Officer SECTION W. By Ordinance No.943 the City Council - fixed the schedule of rates o -be charged for water, and the City Council now continues said -rates and finds and de-;. lares that said rates will produce a total 'revenue sufficient to pay the total operation nd maintenance expense of the System -and provide for the payment of the bonds herein uthorized to be issued both principal and interest,as they mature,and to create the fund erein provided. Such rates shall not be reduced until all bonds herein authorized and nterest thereon have been paid -in full, and shall when necessary be increased so as to rovide fer the payment each year into the 1952 Water Fund of a sum not less than the mount required to make the payments reiquired for that respective year into the 1952 aterworks Revenue Bond Fund. SECTION 6. 1952 WATER FUND. Section 14 of Ordinance No.943 sets up a Waterwork ystem Operatiori-and-Ma n enance FFaia and provides that if any surplus shall be accumulat n"the Waterworks System Operation -and Maintenance Fund over and above the amount which hall be necessary to defray the cost of maintaining and operating the waterworks system uring the remainder of the then -current fiscal year and the next ensuing fiscal year, uch surplus or excess may be transferred by the Council and paid into the Waterworks evenue Bond Fund; provided, however, that -such Vrransfer or payment into the Waterworks evenue Bond Fund shall be in addition to all other payments required to be made into aid Waterworks Revenue Bond; and Subsection 4 of Section 11 of Ordinance No.943 provides hat if a surplus shall exist in the Waterworks Revenue Bond Fund over and above the amou equired for making all priheip�a and interest payments during the succeeding twelve mont n account of-the"bonds-issued�3 4fA'9nce and thwioutstanding and over and above the reser or contingencies,such surplus shall be applied by the Council only for the purpose of rior payment of. bonds issued under slid ordinance;;or for the construction of betterments nd improvements to the waterworks system, The City hereby agrees to transfer from time o time, as funds are avail able, surplus in the Waterworks System Operation and Maintenane and as set up"by Ordinance No:943 to the Waterworks Revenue Bond Fund as set up by ection 11 of -said Ordinance No.943s and then to transfer all the surplus as defined by ubsect"ion 4 of Section 11 of Ordinance No.943 into a fund which is hereby created and esignated "1952 Water Fund"; and such revenues so'depodited in the 1952 Water Fund are ereby pledged and shall be applied first to the payment of all bonds issued hereunder nd secured hereby and the interest thereon, and then to the Sinking Fund, hereinafter et up. . SECTION 7. 1952 WATEMORKS 'REVENUE BOND FUND. (A) There shall be .paid by the City Treasurer from the 1952 Water Fund into a fund which is hereby created and designat 71952 Waterworks Revenue Bond Fund" (hereinafter termed "Bond Fund"),sums in the amounts and at the times hereinafter stated in subsection (b) for the.purpose of providing funds for the payment of -the principal of and interest on the bonds"as they mature according t the following schedjile and as a reserve for contingencies: On June 1 of the years 1953 to 1983, inclusive .............::. 89437;50 On December l of the years 1953 to 1983,inclusive............. 8;437;50 in December 1,1983 ........ ......... 4500000.00 (These amounts are to be proportionately reduced in the event any bonds are called for payment prior to maturityp 476 (b) Ori and after the execution and delivery of the bonds, there shall be paid by the C•ty Treasurer from the`1952cWater Fund into the Bond Fund,beginriing on the firstbusineas day of the month after "such execution and delivery and continuing on the first business day of each month thereafter until -all the b6hds--with'interest issued under -this -ordinance h1ave been paid in full or provisioh made for such payment,_a sum equal to not -less than V11V6 of the next installment -of :interest plizs'$600'and the paying agehtls £ees;provided, however,th'4t, when 3n any fiscal year'no interest of the bonds of this' issue -is in default and the sur/lus amount'in'the Bond Fund- formed by the 'excess monthly payments equals or ex. ceeds $33,000, the amount so -payable each month into said fund shall equal not less than 1 6 of the next installment of -interest and the paying ageht's fees. (a) The obligation to make the payments set out in Subsection (b) hereof shall be cumulative, and if -the revenues herein allocated to the 1952 Water Fund are 'insufficient in any month to make the required payment on the first business day of the following month into the Bond Fund, then the amount of any deficiency in the payment made shall be added to the amount otherwise required to be paid into the Bond Fund on the first business day of the next month; The $33,000 derived from the excess monthly payments shall be held in said Bond Fund'as a reserve for contingencies and used solely as herein provided; provided, -however; that when the moneys held in the Bond Fund, including the reserve for C, shall be aiid remain sufficient to pay the prihcipal-of;and interest on X11 the binds then outstanding -:the -City -shall not be,obiiged to"make any pay- ments'into�the Bond'Fund;_'If for any reason the Citytshall'fail­at"any time to make any of sLuch-payments into- the`Bond'Fund,any sums -then held as a'reserve for contingencies shall be used to --the extent necessary -in the'payment"of the'interest on.the bohds"s but such reserve shall be reimbursed from the 1952 Water Funic out of the first available moneys in said 1952 Water Fund .after making the -payments hereinabove required tb be made. All moneys in the -Bond Fund shall be used solely for the purpose of paying the interest on and the principal of the bonds issued under this ordinance and the paying agent's fees! (d) If a surplus shall exist in the'Bond Fund 'over and above the amount required for making all interest -payments during the current fiscal year on account of the bonds i�,.•__ :. :. _sr issued under this ordtnance-and-then outstanding; and to"make the required monthly paymentp t. '..:e too the reserve for contingencies, such surplus may be used to pay the cost of constructing b�e tterments -and"improvements to'the-system or to call outstanding bonds of this issue for[ payment prior to maturity in accordance with the schedule set out in the face of the bonds; provided, the City shall not be required nor authorized for^.call bonds for partial payment; SECTION Se It shall be the duty of the City Treasurer to withdraw from the Bond Fund at least ten days before the maturity date of any bond or interest coupon issued hereunder, and to deposit with the paying agent,an amount equal to the amount of such tiond or coupon for the sole'purpose of paying the same,together with the paying agent's fee* SECTION 9' The'. -City Council - hereby finds"'and declares that the rovisions made n Section 13 and 14 of said Ordinance No.943 are ample to take -care of 'all forseeable epreciation;""operation and maintenance charges of the waterworks system after the better" ents and impbovements have been constructed. SECTION 10: All moneys remaining in the 1952 Water Fund after making the pay- ents required by Section 7 of this ordinance shall be transferred into a fund hereby reated and designated- "Sinking Fund". T'he-Sinking-Fund -shall, in the discretion of:,the ity Council, be used for any one or 'more of the following purposes: (a) To;reimburse the Emergency Fund,hereinafter provided, in the event that said Emergency Fund becomes reduced below the sum of $25,000. (b) To pay the -cost of construction of betterments and improvements to the system. (c) To call bonds of either this issue or the Deember 191948 issue for payment prior to maturity, according to the respective"terms set out ih the face of the bonds of the. two issues. SECTION 11. EMERGENCY FUND. There shall be established immediately,out of he proceeds of the bond sa e—I , an ^.Emergency Fund" of ,$25,000, to be held by the City 'or the purpose of meeting any emergency,either;in operation or"to prevent a default in nterest, and whenever the Emergency Fund is'reduced to less than $25;000 by reason of he use of some part thereof, the City agrees to restore the full $25,000 in said Emer- ency Fund as rapidly as possible from the Sinking Fund.Mbney.in:the^Emergency'Fund,and n the reserve for contingencies described in Subsetction (c) of -Section 7 of this ordi- .ance may be invested by the City in United States Government Bonds, provided that the onds shall be approved by the paying agent and the original purchaser of the bond issu SECTION 12. Nothing herein shall be construed in such manner as to prevent th ssuance by the City of additional -"revenue bonds on a parity with'bonds of this issue fo he purpose of -making betterments and iinprovements to the system,; provided, however,tha n order to insure the payment of the interest on•and""the principal of the bonds, the ity'shall issue such additional.revenue bonds while any of the bonds of the December 1, 948.issue or this December 13 -1952 -issue remain outstanding only if at the time of the assage of the ordinance authorizing such additional bonds the net revenues (in this aragraph defined as the gross -"revenues of the waterworks system less the cost of depre- iation and of operation and maintenance of the waterworks system as determined by an ndependent certified public accountant) in any two of the three years immediately pre- eding the year in which it is proposed to issue such additional revenue bonds shall equ .6 times the average annual-priheipalrand interest requirements of all the bonds then utstanding and the additional bonds proposed. to be issued.. SECTION 13. Nothing herein shall be construed in such a manner as to impair he obligation of the'City under Ordinance No. 943, approved October 292,1948, securing the ayment of the principal and" interest of the City's water revenue bond issue dated ecember.1,1948. For and in consideration of the acceptance of this issue of bonds by he purchasers thereof, the City -hereby agrees that it will at all times maintain the elative position of the bonds -of this Vis -December 1,1952 issue, and'that iii the ev t should refund the bonds -of the -December 19 1948.1ssue-P the refunding bonds shall be eriak bonds,the last of which shall mature not later than December 1, 1979, and the ave ge annual requirements for principal and interest of the refunding bonds shall not exce he average annual requirements of the December 101948 issue. 474 The City further agrees at all times to maintain rates for water services that will, after making full provieion.for the bonds of December -lo 1948 issue, enable the City to et up and mainbain the funds set out in this ordinance for the December 1,1952 bond issue. SECTION 14. There' -shall be a ststutory mortgage lien upon the pipeline constructed from the proceeds of this bond issue,which shall exist in favor of: the holder of the bonds and each of them and to and in favor of the -holder of the coupons attached to said bonds,) And such pipelintishall remain subject to such statutory mortgage lien until payment in full of the interest on and prihcipal of" -the bonds; -provided, however, that such statutory mortgage lien shall be -interpreted according to the decision of the Supreme Cpurt--of Arkan- sas cited as City of Harrison V. Braswell 209 Ark.- 10942 194 SW (2d).12, and that said statutory lien shall no a asserted or enforced so'as to result in a foreclosure or sale of any of the prbperties 'constituting the -municipal waterworks system, but said statutory mortgage lien'shall be"recogized and enforced only for the purpose of preventing the sale' att��; pted mortgage,lease, or disposal in any other manner, of an integral.part of said Sy9tem. SECTION 15. After the bonds herein authorized to be issued have been executed by the Mayor and City -Clerk as hereiri'provided,they sha11 be delivered by the Mayor to the Peoples -National Bank of Little Rock, Arkansas, which shall authenticate and deliver them to the purchasers upon the payment in cash of $450,000 and accrued -interest to the date of delivery. The proceeds of the bond sale shall be distributed as}follows: (a) The accrued interest shall be deposited in the 1952 Waterworks Revenue Bond Fund. (b) The sum of $25,000 shall be deposited in the Emergency Fund as created by Section 11 of this ordinance. (c) The -balance -of the proceeds from the sale of the bonds shall be placed ato a fund hereby created and designated "1952 Construction Fund It (hereinafter called Construction Fund"). Said fund -shall be used for the payment of the cost .of construction f the Works -and all engineering,legal and other expenses necessary or incidental to such onstruction. Said"fluid-may be deposited in one or'more banks, each of which shall be a ember of the Federal D-ejosit Insurance Corporation, but each depository shall be require o give security for that part of the deposit which exceeds the amount guaranteed by the DIC, said'security to be either's surety bond executed byya corporation authorized to do usiness in Arkahsas,or the escrow deposit of bonds issued by the United States of Americ Payments out of the Construction Fund,except for the fees of engineers and attor eys and'6xpenses in connection with the bond issue,shall be made only upon Engineer's stimates. In the event " that- *any funds remain in the Construction Fund afteir the completi f the Works,such balance shall be immediately transferred to the Bond Fund. SECTION 16. For -and in consideration of the purchase and acceptance of the bonds autorized by this ordinance and to facilitate their payment,with interest,the City agrees to the following -terms: (a) -None of the facilities or services afforded by the System shall be furnished without a -reasonable charge being made therefor: In the event that the City or any depart went,agency,or'instrumentality thereof shall avail itself of the facilities or services I by the System the reasonable value of the services and facilities so afforded shall be charged against the City or such department, agency,or instrumentality,and shall tie paid for as the charges therefor accrue, The revenues so derived from the City shall tie deemed to be revenues derived from the operation of the System; provide d, however, that nothing herein shall be construed as requiring the City or any department, agency, or instrumentality thereof to avail itself of the facilities or services afforded by the System. - (b) The -City will -maintain the System'in good condition and 6perate the same In an efficient manner and at a reasonable cost.So long as any of the -bonds are outstanding the City agrees -to maintain fire, lightning and tornado insurance on the System in an amount which normally would be carried by a private company engaged -in a similar type of business: These insurance policies are to be taken with companies approved by the Trustee, are to carry a clause making them payable to the Trustee as its interest may appear, are to be kept continuously in forces and either the original policies of insurance shall be placed in the"custody of the Trustee or the Trustee shall be furnished evidence satisfac- i6ry to it that the policies have been issued and carry the loss payable to the Trustee clause. In the event of loss, the proceeds of such insurance are to be applied solely t'_. toward the reconstruction, replaceryent,or repair of the System. In suchaevent the City will, with reasonable promptness, cause to be commenced and -completed the reconstruction, replacement and repairs, Nothing herein shall be construed as requiring the City to expend any funds for premiums on its insurance on the System Which are derived from sources other than the operation of the System. (c) The City Teasurer shall be the custodian od the revenues derived from the System, and shall give -bond -as such custodian. Such bond shall be in an amount not less than $30,000 and shall be.,approved by the Trustee. (d)'All revenues froin*the System shall be deposited in such depository or deposi- tories as may -tie lawfully designated from time to time,subject, however, to the giving of security by each such depository as -now or as hereafter may be required,and provided each such depository shall hold membership in the Federal Deposit* Insurance Corporation. All deposits shall be made in the name of the City and be so designated as to indicate th particular fund to which the revenues belong. Payments from each fund"set out in this ordinance shall be made by check or voucher signed by two duly designated persons and drawn on the depository in which the moneys in said fund shall have been deposited, and each check or voucher shall briefly specify the purpose of the expenditure. (e) The bonds, together with interest thereon,are not general obligations of the City nor do they constiltute an indebtedness of the City within the meaning'of any consti- tutional or statutory provision or limitation, but shall be payable solely out of the Bond Fund and shall be a valid claim of the'holders thereof only.against said Fund,and th amount of the revenues pledged to said Fund,which Fund is'hereby`pledged for the equal an datable payment of the bonds issued by authority of this -ordinance and shall be used for �o other purpose than to gay the -principal and interest of the bonds as the same mature, except as provided in this or.linance. (f) The System shall be operated upon a fiscal year basis, beginning January 1 of each year and ending and including the following December 31. _ r4 8 (g) It is covenanted and agreed by the City with the holder or holders of the bonds, or any of them; that it will faithfully and -punctually -perform all duties with -reference io the. System required by the Constitution and Statutes of the State of Arkansas, includi tihe making and collecting of reasonable and sufficient rate's lawgully established for services rendered.by to -a System and app ying the revenues therefrom to the respective fund Aerein created. (h) So long as any of-th bonds are outstanding, the City will not mortgage, pled' r otherwise encumber the System -or any part thereof or ahy' revenues therefrom,fxcept as erein provided, and will not"sell-,lease, or otherwise di§pose-of any substantial portioi f the same. The obligations of the Cityesetout in this ordinance,the pledge' of revenue: nd the City's agreement not to mortgage,pledges or otherwise encumber the System, shall ado a matter of public record by -having a certified cmpy of this ordinance recorded as f ortg'age in the office of the Circuit Clerk and ex -officio Recorder of Washington Count rkansas. (i) The City will keep proper books of fecords and accounts (sep er ate from all othe ecords and accounts) in which complete and correct entries shall be made of any transac- ions relating to the System, The City agrees to have these records audited by an inde- endent certified public accountant at least once each year,and it shall furnish the ruatee a copy of this audit,, In'" the event that the City fails or refuses to make the edit, the Trustee may have the audit made., the cost thereof to be charged to the cost o] peration. (j) _ If there be, any default in the p ayment - of either the principal of or the inte st on any of the bonus; the holder or holders of any of the bonds may enforce any mort- age lien granted'by statute'and may by proper suit compel the performance of the duties f the officials of the City as set forth in the statutes authorizing the bonds.. f there be default in the payment of the principal o£ or interest on the bonds or -i the City shall fail -to keep any other obligation which it -herein assumes,and such default hall continue' -for thirty days thereafter, any court having-juri"sdiotion in any proper, ction,which may be'instituted either by'the Trustee on behalf of all the bond holders, r by the holder of a bond in-default;may appoint a receiver to administer the System n behalf'of the City,"with power to charge and collect rates sufficient to provide for he expenses of the'receivership, the'payment of the bonds -and interest tliereon, and for he payment of the operatimg expenses, and to apply the income and revenues in conformity rith said stautes-and this ordinance providing for the issuance of said bonds, but when L11 defaults are cured,the receivership shall be ended and the management and control o] he System restored to the City. (k) The City further covenants and agrees that if default is made in the'paymeni f any bond or coupon; or if the City fails to meet any sinking fund requirements, the. Lolder of such bond may declare that bond immediately due and payable and in default, an( ither the Trustee on behalf of all the bondholders or any bondholder for himself may_ nstitute suit to enforce the pledge lieri herein granted. The failure to exercise this ption upon any default shall not be a waiver of the right to exercise it upon any subse• uent default. (L) The bonds`authorized hereby shall be callable for payment before maturity ac to the terms set out in the bond form. (m) The charge s:<for paying bonds and interest coupons shall be 1/8 of 1% on ncipal and 1/4 -of to on interest; provided,the minimum -fee for any semi-annual payme: 11 be one dollar; No withdrawal from the Bond Fund shall be made for any pthrpose er than the payment'of bonds and interest, and the monthly deposits in the Bond Fund with the Trustee shall be at the sole risk -of the City and shall not operate as a pa t of the bonds or coupons until so applied. (n) The City hereby agrees to -make all payments on bonds and interest only thro' e designated paying agent. All bonds paid or purchased, either at or'before maturity, all be canceled when such payment or purchase is made, together with all unmatured upons appertaining -thereto, shall'be returned to the City, and shall riot be reissued. 1 unpaid interest coupons maturing on or prior to the date -of such payment or purchase all continue to be payable to the respective bearers thereof. (o) It is hereby declared that the provisions of this ordinance are seperable,and if any provision of this ordinance shall for any reason be held -illegal or invalid, it shall not affect the validity of the remainder of the ordinance. (p) It is hereby declared that the provisions of this ordinance constitute a con- tract by and between the City and the holders of the bonds and interest coupons issued Dy authority hereof; and'after the bonds have been issued and paid for,the terms of said provisions shall not be changed except with the written consent of the holders of all bonds and coupons then outstanding. (q) Whenever reference is`made in this ordinance to a Trustee, it shall refer to_ ,The Peo les National Bank of' -Little Rock, Arkansas. Nei - rhe Trustee shall be response eon y for wilful misconduct in the execution of thi trust. The recitals of.fact::herein contained, and contained in the bonds, except the rec tals in the Trustee's certificate, are'stagments of the City and shall not be'construed as being made by the Triustee. The Trustee shall not be required to effect insurance against fire or damage to mortgaged property, nor to advance any money to pay insurance thoiniums;nor to:>pay,- any charges or special'assessments against said property, nor to se that -t his..pledge oof revenueois-properly:recordedvand Ikept in force as a pledge, nor shal it be -required to take notice or be deemed to 'have had 'notice of any default of the City in the failure to perform any of the conditiohs of this ordinance, unless said Trustee shall have been specifically notified in -writing of said default; nor shall it be requir to take any action hereunder until it shall have been indemnified-tb its satisfaction by the holders of the bonds herein mentioned, or some of them, against loss or damage on account thereof. The Trustee is. authorized in its discretion to release any real or,per sonal property no longer used -in the operation of the -System. The holder or holders of a majority in value of--the-bonds-at aiiy time outstanding may at their option remove the Trust-ee and appoint a successor -trustee, by an instrument duly ackfliowledged and filed fo record in the office of the Circuit Clerk and ex -officio 'Recorder of Washington County. The Trustee may resign at -any time upon ten days' -written notice -to the City Clerk. The successor shall -have all the rights and powers of the originally appointed Trustee. , C O! ti V _.J. 491 (3ection 16 -continued) • (r) The"City will not issue any water revenue bonds that will have a lien on its water revenues prior to,the'-lien of the December 1,""1952 bond issue, and it will not issue I water revenue'bonds on a'parity with -or having a -prior lien on its water revenues to the December 1, 1948 bond -issue -,-but this shall not prohibit the issuance of bonds reflnid- ing the December1,1948 bonds under the conditions set out ih Section 13 of this ordinance (s) T,he bonds of the"Deoember 1,1952 issue shall have a lien on not only the revenues of the present system but also on the revenues of all future extensions and improvements. (t)�The City will not -grant a franchise for a competing water system and will not itself install such a system. NOTICE Notice is hereby given that the City Council of the City of Fayetteville, Arkanse leas adopted the ordinance hereinafter set -but ,"and -that the City contemplates the issuan of the bonds described in said ordinance=sand that -'any person interested- may appear before the City'Council-on the 5th'day of January;19530'"at 7:30"01C16ok P:b4:, at -the usual place of meeting in the City .H" .. and present protests.' At such hearing,' all objections and Tuggestions will be -heard and the City Council will take such action as it shall deem I. -- roper . -roper in the premises. GIVEN by order of the City Council this 15th day of December,1952. l C y Clerk SECTION 18. -The City Council -hereby finds and declares that there is an immed e and urgent need for additional capacity for -both the supply and purification of wate order to safeguard the lives, -health and property of the -citizens -of the City of Fay- teville, Arkansas; therefore,"an emergency exists and this ordiriance,being necessary r the immediate preservation of the public Ileace, health•and safety, shall take effect d be in force €rdmoand:,'after its passage. - PASSED: December 152 1952. ATTEST: 9Y pity Clerk, v dl ,1 e (u) The annual audit to be made under subsection (I) hereof shall include the The accountant's finding as to the number of gallons through the following: master meter and the number'of gallons billed to the consumers,and (T)' A sta`,.8ment in detail of the income and expenditures of the System for such fiscal year. __ - - . ..I " " • (2) A balance sheet as of the end of such fiscal year. and the number of gallons used in the fire"hydrants;in order that (3) The accountant's comment regarding the manner in which the City has an"'estimate may be made of the amount of water that is lost by carried -•out the requirements of this ordinance-, and the accountant' recommendation for any change or improvement in the operation of th System. 0- (4) A-list'of the insurance policies in force at the end of the fiscal (7) The City will furnish upon request a copy of the annual audit to an year; 6etting-out as to -each policy the amount of the policy, the risks*covered;the name of the insurer, and the expiration date of the policy. request. (5) The number -of customers -connected to the System at the date of the SECTION 17. The City Clerk is hereby directed to publish one time in the NOIU H- audit, classified as resdidential,commercial, industrial,and others. NOTICE Notice is hereby given that the City Council of the City of Fayetteville, Arkanse leas adopted the ordinance hereinafter set -but ,"and -that the City contemplates the issuan of the bonds described in said ordinance=sand that -'any person interested- may appear before the City'Council-on the 5th'day of January;19530'"at 7:30"01C16ok P:b4:, at -the usual place of meeting in the City .H" .. and present protests.' At such hearing,' all objections and Tuggestions will be -heard and the City Council will take such action as it shall deem I. -- roper . -roper in the premises. GIVEN by order of the City Council this 15th day of December,1952. l C y Clerk SECTION 18. -The City Council -hereby finds and declares that there is an immed e and urgent need for additional capacity for -both the supply and purification of wate order to safeguard the lives, -health and property of the -citizens -of the City of Fay- teville, Arkansas; therefore,"an emergency exists and this ordiriance,being necessary r the immediate preservation of the public Ileace, health•and safety, shall take effect d be in force €rdmoand:,'after its passage. - PASSED: December 152 1952. ATTEST: 9Y pity Clerk, v dl ,1 e (6) The accountant's finding as to the number of gallons through the master meter and the number'of gallons billed to the consumers,and his estimate of the -number of gallons used in flushing the System and the number of gallons used in the fire"hydrants;in order that an"'estimate may be made of the amount of water that is lost by leakages (7) The City will furnish upon request a copy of the annual audit to an holder of 50% or more of the bonds outstanding at the time of the request. SECTION 17. The City Clerk is hereby directed to publish one time in the NOIU H- iVEST"ARKANSAS'TIMES; which -'is hereby found and declared -to be 'a n4paper published and he ing-a bona fide circulation in the -City of Fayetteville, Arkansas, this ordinance, preced by e notice in substantially the following terms: NOTICE Notice is hereby given that the City Council of the City of Fayetteville, Arkanse leas adopted the ordinance hereinafter set -but ,"and -that the City contemplates the issuan of the bonds described in said ordinance=sand that -'any person interested- may appear before the City'Council-on the 5th'day of January;19530'"at 7:30"01C16ok P:b4:, at -the usual place of meeting in the City .H" .. and present protests.' At such hearing,' all objections and Tuggestions will be -heard and the City Council will take such action as it shall deem I. -- roper . -roper in the premises. GIVEN by order of the City Council this 15th day of December,1952. l C y Clerk SECTION 18. -The City Council -hereby finds and declares that there is an immed e and urgent need for additional capacity for -both the supply and purification of wate order to safeguard the lives, -health and property of the -citizens -of the City of Fay- teville, Arkansas; therefore,"an emergency exists and this ordiriance,being necessary r the immediate preservation of the public Ileace, health•and safety, shall take effect d be in force €rdmoand:,'after its passage. - PASSED: December 152 1952. ATTEST: 9Y pity Clerk, v dl ,1 e 480 tlinisteri, Alliance n protests more `Liquor icense this time the proposal of W.R.Holway and associa$es, and Sullivan & presented by L.M.MeGoodwin , which was in the following form: To the Honorable Mayor and City Council City of Fayetteville, Arkansas Gentlemen: t has been a pleasure'for-Mr Holway-and me' -to prepare -your Water Supply Report presentee o your honorable body. Due to the shortness of tite­between nowand' dry'summer onths, there should tie no-delay.iri preparing_ plans and specifications. Tha awarding of he contract for the construcbion of the works should should be made as "soon as poosible f water is to be made available during the driest period of the summer and fall of 19534 eretofore, it has beem our pleasure to have such a fine relationship with the Mayor and ity Council$ our work'has been performed on the basis of a verbal agreement. A continu tion of this policy would be entirely satisfactory with the engineers (Mr.Holway and my owever, S believe it would be wise to':have the engineer's duties and responsibilities c larified. It is with this thought in mind that I herein outline the duties of the engineer nd standard fees -charged for engineering services. It is apparent that it will be some time before the City will have cash on hand o construct the works outlined in"the report. however, in order that -there be no -delay, t is imperative that the engine ers-proc eed" with -field surveys and plans -at the earliest ,ractical date. -We are' in a -position "toproceed' with' this work immediately, In fact,upo -our authorization,we have already started surveys preparitory to drawing of the plans. If for some reach beyond the control of the Council, monies are not received 'or the construction of the project, we will charge the`City only for actual out -of -pock and direct overhead expense for -the work -performed.- This- will eliminate any delays in )reperation of the plans and specifications with a minimum of obligation on the part of ,he City_ If the project is oonstruoted,we" will- complete the general and detailed plena, ipecifications'and detailed estimate'of cost; -prepare the forms for construction proposs idvertisements, construction contract anis bond's; all of which are subject to your appro il. We will assist -in the awarding of'the-contractqand-furnish general -supervision of -t fork of the contractor, -including line and grade surveys as the construction progresses. Is will assist"in correct--int-erpretatiori-of-the - plans and specifications, and safeguard ;he City against defects- ehd`d&ficiencies on the ,part of'the-oontractor; but the enginee lo not guarantee the performance of the work by the contractor. We will'furnish at -our expense a competent resident engineer who shall be on duty hen construction- work of a perms int nature is in actual progress. We will furnish thr ets of -reports, plans- and-'specifioations, and furnish additional copies at net cost of eproduction, to the City and contractor. We will furnish and perform -the supervision of work -of inspection bureaus and labor stories in the inspection and -tests of'inaterials entering into the construction of the project; the costs'of sucli tests and inspection -by laboratories to be paid for" by the Ci We will furnish and perform the -supervision of sub -soil tests and borings as may be,regL the cost of such tests and borings to be paid for by the City. In other words; we"Will-do all things necessary to provide complete engineering services for the proposed -pro jeat; The standard engine bring-fe6s-for work on projects of this size is 6°� of the entire cost of construction. This does not include the cost of'land, right-of-way, bond costs or other items of overhead not directly charged to the cost of construction. When plana;'specifications and estimate of crost are prepared and approved by t State Board of Health and the City Council,3.6% of the estimated construction cost of the project would be due the engineers for -"this work,with the remainder of the enginer fee to be paid in proportion to payments made for the construction of the work. The engineering work as herein-oiutlined will -be dorie by-the"engineering organi- zations of W.R.Holway and Associ'ates,Consulting Engineeirs,Tulsa,Oklahoma and Sullivan and McGoodwin,Consiilting Engineers, Fayetteville,. Arkansas, in accordance with standard engineering practice. The approval of this letter, by the City Council will constitute a satisfactor: agreement between the engineers and your honorable body. I Approved: Mayor Attest: City Clerk Respectfully submitted, W.R.Holway and Ass&ciates Sullivan and McGoodwin By: Approved: _ (s W.R.Ho v�ray Alderman Pratt made a motion that,the-proposal of the Engineers be approved,"this mot: was seconded by Alderman Williams, and was passed unanimously by the Council. 1 14 members of the Ministerial Alliance at this time appeared before the Cou to express their convictions"regarding the issuance of more license to sell liquor in 'ity of Fayetteville,'the consensus, as"-expressed"by the spokesman, -Rev, D.L.Dykes,was ;hat the Alliance feels eight liquor dealers in Fayetteville are enough, and that the )ouncil should go on record as opposing the issuance of -more licenses by the Alcoholic 3everages unit in Little Rocky After.a lengthy discussion, no action was taken by the :ouncil. elf) . =_ud y:;.:r s, 0 . 3 481 this -time Alderman Pratt was .given permission by the Mayor to leave the Council meet The City Engineer presented the application of Ray Adams"for a blilding permit on th School Avenue, -Alderman Kent -made a motion that Permit -No. 893 be issued to Ray A s motion was seconded by Alderman Burge and was passed unanimously by the Council. I Bonus of Alderman Burge made a motion that all City Employees be given a $10 bonus Check $iO for Christmas, this motioh was seconded by Alderman Williams, and was passed unanimously by all 'City the Council. employees The City Attorney introduced"AN ORDINANCE EXTENDING THE FIRST FIRE ZONE IN THE C OF FAYETTEVILLE, ARKANSAS AND FOR OTHER PURPOSES". The-Ordin-ance was read-ih its -entirety by the City Attorney, Alderman Richardson ade a motion -that -this- rules be siispendeds� and the Ordinance" placed on its second reading his motion was seconded by Alderman Kent, and was passed unanimously -by the Council. The Ordinance was'then read the second time by the City Attorney, and after dis- ussion; AldermanRichardson-made a motion-that'the rules be further suspended and the rdinance placed on its third'"and final reading; this motion was seconded by Aldermam urge and was passed unanimously by the Council. The City Attorney then read the Ordinance - the -third and final time. he Mayor then put the question "SYiall the Ordinance Pass"?,, and on rollcall by the Clerk he following vote"was redorded': Ayes: Richardson, Burge,'Hunt, WilluamsgMcAllister, eflin and Kent,'Nays :None, Absent and nett votingC Pratt. And the Mayor declared the rdinance passed, as there were 7 Aves, and no nays. Alderman Richardson made a motion that -the emergency clause be adopted, this M?, - ion was seconded by -Alderman Burges -and on roll call by the Clerk, the fd)llowing vote was ecorded: Ayes. -Richardson ,Burge, Hunt;' Williams, McAllister, Heflin -and Kent. Nays.None; bsent and' "not voting: Pratt. And the Mayor declared the emergency clause adopted, as thele ere 7 Ayes, and no nays. COPY OF ORDINANCE N0. 1-0-4-1 AN ORDINANCE E)CTENDING THE FIRST FIRE ZONE'IN THE CITY.OF FAYETTEVILLE,ARKANSP. AND FOR OTHER PURPOSES WHEREAS, United -'States Highway No.71 By-pass through the City of Fayetteville, Arkansas, is one of the most heavily trauelled thoroughfares in the 'City; and WHEREAS,.it-is_anticipated that new businesses and establishments will be erected.along said thoroughfare, NOV1,THEREFORE BE 1T -RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYET TEVILLE, ARKANSAS: SECTION 1: That the -First Fire Zone of the City of Fayetteville, Arkansas is hereby extenn so es to include the real estate bounded as follows: Beginning -at the present fireczone limits, at a point on the North line of East Rock Street which is 200 -feet east of -East line of South College Avenue thence south along the east side of analley 200 -'feet east,of the east line of South College Avenue to the center line extended of. East South Street, thence west along the center line extended of East South Street to the"center line of South East Avenue, thence south along the cent line of'South-"East-Avenue-to the -center line'of west Fourth Street (formerly west First Street), thence West along the center line of west Fourth Street -to the center line of �outh Block Avenue, thence south along center line of South Block Avenueto the center lin of west Fifth Street, thence -West along the -center line -of -west Fifth Street extended to tihe intersection of the present" first -fire zone limits at a'point 150 feet east of the I ast line of South School Avenue;theneb north along the present fire limits para1381 and 150_ feet east of the -east'-line of South School Avenue to the north line of west Rock Stre �t the present fire limits, thence East *ith the present fire limits along the North lin of 'Rock Street to the point of beginning. SECTION 2. -It. appearing that -there are numerous proposals for the construction f business buildings in the above' described area and that public convenience and necessi equire that this'ordinanoe be effectively immediately and that such business buildings hould be cohstructed in accordance -with building; -.regulations applicable to the First Fir one in order to'protect"public health; peace and safety; an 'emergency is hereby declared o exist and'this Ordinance shall be ih full force and effect from and after its passage nd approval. PASSED and APPROVED this 15th day of December, 1952. Approved. Attest: mor y er k There being no fubther business, Alderman Heflin moved to adjourn, seconded by Alderman Kent, which was passed unanimously by the Council, and aMayor Glared the Council adjourned. Approved : Mayor Attest city Cler