HomeMy WebLinkAbout1953-03-03 Minutes4891
Fjayetteville City Council met in adjourned session, Tuesday, March 3rd, at 1:30 OICLOck,
I.M.'
Present: Mayor Powell M.Rhea, City Clerk J.W.McGehee, City Attorney A.D.McAllister,Jr.
City Engineer John Mahaffey, City -Auditor Harold Zick, and Aldermen: Richardson, Burge,
lratt, Williams, McAllister, andlfieflin. Absent: Aldermen Hunt and Kent.
The Mayor stated that this was the time set for opening the bids £or,the construc-
tion of the CLEAR CREEK PUMPING STATION AND FORCE MAIN, which proceeded, and showed the
Following bids were submitted:
I, Culver & McGuire......,......................5`p2�9;944,25`
'ids for Tune Construction Co. 220,119.93
Pump house Forsgren Bros., Const. Co. 242,527.00
Danco Const, Co.245,632.95
Force Alain Worth James Const. Co. .................... 248,155943
Happle.Const. Co. 249;832.50
lderman Richardson made a motion that the bids be referred to Engineers McGoodwin and
olway to study and check for errors and report back with their recommendation, this mo -
ion was seconded by Alderman Williams, and was passed unanimously by the -Council.
.fter a check of the bids, the Engineers recommended that the low bid of Culver & McGuir
e accepted, provided that a satisfactory a greement could.be reached with them in .the'::
.ifference of the cost of construction which will be necessary in changing the location
f a pump house to City Property near the dam, instead of on the Med Cashion Land, as V;
he,plan when the bids were submitted.
Alderman Pratt made a motion that the Engineers be authorized to negotiate
th the bidders for construction cost for the difference in change of location of the
mp house from the Med Cashion Tract of land to the land owned by the City, and report
ck to the Council with their recommendations, this motion was seconded by Alderman
llias, and was passed unanimously by the Council.
e City Attorney reported that he had RIGHT OF WAY GRANTS or EASEMENTS to construct,
intain,slays remove,relay and operate11
,vatda pipe lines and appurtenances thereto, on,
or, and across and under their property from the following property owners:
L.J.Copenhaver and May Copenhaver, Husband and wife
asements E.P.Pyeatt and Lillian H;Pyeat`t-,,.hizsband.:andawife
for water J.W.Shepherd and Mamie J.Shepherd, husband and wife
ine O.L.Andrews• and Jessie Andrews, husband and wife
Iierbert L.Thomas and Ruby C.Thomas,husband and wife
Loyd R.Riggle and Elizabeth C.Riggle, husband and wife
John-id_:Cgmpton�an3=Minnie—C. Gompton,hizsband-and=w £e
William N.Murphy and Mildred S.Murphy,husband and wife
.I:.C:.Crdere&V.ena P;Crder-and J:CGox—&lOarol=Co-x
erman Williams made a motion that the easements be approved and the City Clerk be
horized to have all the easements recorded, this mition was secionded by Alderman
ge and was passed unanimously by the Council.
The City Attorney introduced "AN ORDINANCE AMENDING'ORDINANCE NO. 1040 OF
CITY OF FAYETTEVILLE,ARKANSAS, PASSED AND APPROVED ON DECEMBER 15,1952."
IThe Ordinance was read in its entirety by the City Attirney,Alderman Pratt
,.,made a motion that the rules be suspended, and the Ordinance placed on its second readi
this motion was seconded by Alderman Richardson, and was passed unanimously by the Coun
The City Attorney then read the Ordinance the second time, And Alderman Rich
rdson made a motion that the rules be further suspended and the Ordinance placed on its
hird and final reading, this motion was seconded by Alderman Pratt, and was passed unan
moudly by the Council.
The City Attorney then read the Ordinance the third and final time.
he Mayor then put the question "Shall the Ordinance pass"?, and on roll call by the
lerk, the following vote was recorded: Ayes: Richardson, Burge, Pratt, Williams, McAlli
er,and Heflin. Nays:None. Absent and not voting: Hunt and Kent. And the Mayor declared
he Ordinance passed, as there were 6 Ayes, and no nays.
Alderman Williams made a motion that the emergency clause be adopted, this
otion was seconded by Alderman Pratt, and onsroll call by the Clerk, the following vote
as recorded: Ayes: Richardson, Burge, Pratt, Williams,McAllister and Heflin. Nays:None.
bsent and not voting : Hunt and Kent. And the Mayor declared the emergency clause adopt
s there were 6 ayes, and no nays.
ORDINANCE NO. 1043
AN ORDINANCE AD.IENDING ORDINANCE N0.1040 OF THE CITY OF FAYETTEVILLE, ARKANSAS,
ASSED AND APPROVED ON DECEMBER 152 1952.
WHEREAS, Section 4 of the ordinance authorizing the issuance of additional
ater revenue bonds set out the bond form,which included the terms under which the bonds
ould be called for payment prior to maturity,.since the passage of said ordinance the
uyers of the bond issue have agreed to liberalize the terms of the call by granting the
ity. additional rights to call the bonds for payment prior to maturity, and it will be
ecessary to amend said Section 4 in order to make the additional privilege available
o the City, now, therefore,
BE IT ORDAINED by the City Council of the City of Fayettevilla,Arkansas:
SECTION 1. That Section 4 of Ordinance No.1040 of the City of Fayetteville,
assed and approved on December 152 1952, be and the same is hereby amended to read as
ows: _
Section 4. That said bonds and icoupons be in substantially the
ollowinR form:
490
4
( ORDINANCE N0.1043 CONTINUED)
UNITED STATES OF AMERICA
STATE.OF ARKANSAS
COUNTY OF WASHINGTON
CITY OF FAYETTEVILIR -
3 3/4% Waterworks Revenue Bond of 1952
No.
RM
KNOW ALL MEN BY THESE PRESENTS:
That the City of Fayetteville, in the County of Washington, State of
ansas$for value received herebypromises to pay, solely.from the special fund p
refor as hereinafter set forth, to bearer, the sum of
ONE THOUSAND DOLLARS
on or before the first day of December, 1983s with interest thereon at the rate of three
and three-fourths per centum (3 3/4%) per annum from date until paid, payable on June 1,
1953, and semi-annually thereafter on the first day of June and December of each year,
upon presentation and surrender of the annexed coupons as they severally become due.
Both principal hereof and interest hereon shall be payable in such funds as at the time
of the respective payments are legal tender for the payment of debts due the United
States of America, at the office::of the Peoples National Bank of Little Rock,Arkansas,
or the ContinentaH llinois National Bank & Trust Company of Chicago,Illinois.
This bond is one of a series of bonds aggregating Four Hundred Fifty Thousand
Dollars (.$450,000), all of like tenor and effect except as to numbers and provisions fo
call for payment before maturity, dated December 1, 1952, numbered from 1 to 450, both
inclusive,and issued for the purpose of providing funds for the payment of the cost of
betterments and improvements to the waterworks system of the City of Fayetteville,
Arkansas (hereinafter called the "System").
This bond and the series of which It forms a part are issued pursuant to and
accordance with the provisions of Act No.131 of the regular session of the General Assei
bly of the State of Arkansas for the year 1933, as amended by later Acts of said Genera',
Assembly, and do not constitute.an indebtedness of said City of Fayetteville within any
constitutional or statutory limitation. Said bonds are payable solely from the 1952
Waterworks Revenue Bond Fund, asset -up by Ordinance No.1040 of the City of Fayettevill
approved December 152 1952, under authority of which this bond is issued, and in said
ordinance the said City of Fayetteville has fixed and has covenanted and agreed to main
tain'rates for water services which shall be sufficient at all times to provide for the
payment of the principal of and interest on the bonds as the same become due and paya-
ble, to provide for the creation of a seperate depreciation fund•for necessary replace-
ments to said System, and to provide for the payment of the reasonable expenses of oper
tion and maintenance of said System.
This bond is expressly made negotiable under said Act No.131 and is issued
with the intent that the laws of the State of Arkansas shall govern the construction
thereof.
All of the bonds of this issue are callable for redemption and payment prior
to maturity in the order of their numbering upon terms of par and accrued interest if
called for payment from surplus waterworks revenue, on any interest paying date on and
after December 1 of the year Set opposite their respective numbers, as.follows:
BOND
NOS.
YEAR
(both inclusive)
1
to
9
1956
10
tto
119
1957
20
to
29 60.0111....
1958
30
to
40
1959
41
to
51
1960
52
to
62 6,6910161.116
1961
63
to
74
1962
75
to
86
1963
87
to
98
1964
99
to
111 ..............
1965
112
to
124
1966
125
to
138
1967
139
to
152
1968
153
to
167
1969
168
to
182 .00000.90.000.1970
183
to
196
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
All of the bonds outstanding upon the respective dates hereinafter set out are callable
for payment in the order of their numbering from funds from any source on any interest
paying date during the respective periods upon terms of par and accrued interest plus
the respective premium of the face.amount of each bond then being called, as hereinafte
set out, to -wit:
I
1.
491
(ORDINANCE N0.1043 CONTINUED)
On December 1,1959, to and including June 1, 1962, at a premium of 4 3/4%;
On December.191962, to and including June'121967v at a premium of 3 1/2%; and
On and.- after.,.Pebember�1,.1967.,.; !Lt .'.a "premium of 2 1/2/.
In the event.the City decides to call:any bond or bonds for payment',prior to maturit
it shall publish notice of the call in some newspaper' of general circulation throughout
the State of Arkansas and published in the City og Little Rock, Arkansas, once a week fos
two weeks commencing not less than thirty days prQor to the redemption date, giving the
number and maturity of each bond being called, and each bond so called shall cease to bes
interest after the date fixed for its redemption, provided funds for its payment are on
eposit with the paying agent at that time.
IT IS HEREBY CERPIFIED,RECITED AND DECLARED that all conditions,acts and things
required to exist,to be performed,and to happen precedent to and in the issuance of this
bond have existed,have been performed and have happened in due time, form and manner as
required by law,and that sufficient of the income and revenue which is deemed to be de-
rived from the operation of said System has been pledged to and will be set aside into
said special fund for the payment of the principal of and interest on said bonds,and that
the amount of this bond,together with all other obligations of said City,does not exceed
an
y 1`imit prescribed by the Constitution or the statutes of the State of Arkansas.
This bond shall not be valid until it shall have been authenticated by the
erti icate hereon,duly signed by the Peoples National Bank of Little Rock,Arkansas.
IN WITNESS WHEREOF, the City of Fayetteville, Arkansas,by its City Couhcil,
has caused this bond to be signed by the Mayor and City Clerk thereof and sealed with the
corp rate seal of said City,and has caused the coupons hereto attached to.be executed -.-by
the facsimile signature of said Mayor, who by th execVtion of this bond does adopt as
I 7 f7/for =
and for his own proper signature his facsimiles �cai��ig on said coupons, and this bond
I
hall be dated as of the first day of December, 1952.
(Seal) CITY OF FAYETTEVILLE,ARKANSAS
By
Attest: Mayor
City Clerk
Form of Coupon)
No. $18.75
June
On the first day of December, 19 , .the City of Fayetteville,Washington
Pounty Arkansas, unless the bond to which this coupon appertains is sooner called for
payment,promises to pay to bearer the sum of Eighteen and 75/100 Dollars, solely out of
the fund specified in the bond.to which this coupon appertains, at the office of the
Peoples National Bank of Little Rock, Arkansas, or the Continental Illinois National
Bank & Trust Company of Chicago, Illinois,in such funds as aow� at the time of payment
hereof are legal tender for the payment of debts due the United States of America,being
interest then due on its 3 3/4o Waterworks Revenue Bond of 1952 dated December 1,1952,
numbered .=
CITY OF FAYETTEVILLE, ARKANSAS
By
Mayor
(All coupons shall be for
six months' interest. The
Mayor's signature may be
lithographed or engraved.)
On the back of said bonds is to appear the following:
CERPIFICATE
This is one of the 450 bonds aggregating ,450,000 described within.
THE PEOPLES NATIONAL BANK
OF LITTLE ROCK,ARKANSAS, Trustee
By
Trust Officer
Little Rock, Arkansas
SECTION 2. That Subsection (1).of Section 16 of said Ordinance No.1040:.be and the
ame is hereby amended to read as follows:
SECTION 16 (1). The bonds authorized hereby shall be callable for p
efore maturity according to the terms set out in the bond form as amended.
SECTION
3. All ordinances or
parts
of ordinances
in conflict herewith are hereby
led;and
this ordinance shall
be in
full force and
effect from and after its passage
SECTION 4. That the City Council hereby finds and declares that there is an immedi-
te and urgent need for additional capacity for both the supply and purification of wate
n order to safeguard the lives, health and property of the citizens of the City of
ayetteville,Arkansas; therefore, an emergency exists and this ordinance, being necessar
or the immediate preservation of.the public peace,health and safety, shall take effect
nd:be in force from and after its passage.
Passed: March 3, 1 53. --
Attest: 91 f
�aty er
APPROVED'
:;;?j
PHayor
,1
49?
to of
Carl Tune
he City Engineer presented the applicatmon of Chas*.L.Sweetner for a building permit at
316 South School to take the place of TEMPORARY PERMIT No.911, which had been authorize
anuary 26th,1953, since�he had decided to construct a permariant bmilding that will comp
ith the zoning regulations, Alderman Burge made a motion that Building Permit No.957 be
slued to Chas.L.Swedtner, this motion was seconded by Alderman'Richardson, and was pass
nanimously by the Council.
There being no further business, Alderman Williams moved to adjourn, seconded by
rman McAllister, which was passed unanimously by the Co all, and the Mayor declared
Council adjourned.
Approve
AttestMayor
��rrk ,
ayetteville City Council met in regular session Monday, March 9th, 1953.
Present: Mayor Powell M.Rhea, City Clerk J.W;" McGehee, City Attorney A.D.McAllister, Ci
Engineer John Mahaffey,City Auditor Harold Zick, Fire Chief Burl Skelton and Aldermen:
Richardson, Burge, Hunt, Pratt, Williams, McA111.ister, Heflin and Kent.
es of the regular meeting of February 23rd and the adjourned meeting of March 3rd,
read and approved.
Carl Tune,head of the Tune Constryction Co.,said that he would like. to make a
statement before the vote was taken on accepting the bid for the construction ofra: Pump
Statioii:.afnd', force maino"that since since his bid was only $175.00 higher than the low
bid, and that he was a local man, a number of people seemed to think the contract shovll,
have been awarded to him; he wanted to make it clear that he was convinced<'.thtLv,th-"'Iuw
bidder should get the contract without regard to sending the work out of town': He said
that if he were bidding against an Oklahoma firm on an Oklahoma Project he would expect
the low bid to get the contract'; Alderman Williams made a motion that Carl Tune be give:
a "VOTE OF THANKS" for his attitude, this motion was seconded by Alderman Pratt, and wa
passed unanimously by the Council.
Alderman Williams made a motion that the contract for construction of a pump stat
Accept and force main in connection with the 1952 Water Revenue Bond issue at a cost, of $219,9
bifid of shall be awarded to the lowest bidder, the Culver & &IcGuire Construction Company of Tul
Culver & Oklahoma, that the Mayor and City Clerk be and thlCy are hereby authorized to execute so
McGuire contract in behalf of the City of Fayetteville; that the Mayor and City Clerk are furth
authorized to execute Change Order # 1 simultaneously with the execution of said con-
tract with Culver and McGuire. This motion was seconded by Alderman Burge, and on roll
call by the Clerk, the following vette was recorded: Ayes: Richardson, Burge, Hunt, Prat
Williams, McAllister and Kent. Nays: Heflin. And the Mayor declared the motion passed,
as there were 7 Ayes, and IoNayp.,1.
The City Attorney introduced"A RESOLUTION PROVIDING FOR THE APBLICAT_IONJOF:.T.HE P,
CEEDS DERIVED FROM THE SALE OF WATER REVENUE BONDS TOTALING $250,000.00 OUT OF THE C
OF FAYETTEVILLE'S $4500000.00 AUTHORIZED WATER REVENUE BOND ISSUE, DATED DECEMBER 152
19529 FOR THE PURPOSES FOR WHICH SAID BONDS WERE AUTHORIZED TO BE ISSUED."
Alderman Williams made a motion that the Resolution be adopted, this motion was
seconded by Alderman Pratt, and on roll call by the Clerk, the following vote was rec
Ayes: Richardson, Burge, Hmnt, Pratt, Williams, McAllister and Kent. Nays:Heflin. And
the Mayor declared the Resolution adopted; as them were 7 Ayes, and 1 Nay.
Alderman Williams made a motion that the emergency clause be adopted. This motion
Alderman Heflin,said before the vote was taken on acceptkrhg the bid, that
he wan
was seconded by Alderman Pratt, and on roll call by the Clerk, the following vote was
lotion
to make a motion that no bids be let
on any part of the expansion project until
plans a
lost for
specifications for the whole project
could be feceived and studied , so that the
City w
know it had enough money in the bond
issue to pay for the whole project. But the
motion
alsecond
-died foe want of a second.
A RESOLUTION PROVIDIHG FOR THE APPLICATION OF THE PROCEEDS DERIVED FROM THE SALE
solution
OF WATER REVENUE BONDS TOTALING $250,000.00 OUT OF THE CITY OF FAYE11TEVILLEIS $45020000
0
oviding
AUTHORIZED WATER REVENUE BOND ISSUE, DATED DECEMBER 1521952, FOR THE PURPOSES FOR WZICH
Alderman Williams made a motion that the contract for construction of a pump stat
Accept and force main in connection with the 1952 Water Revenue Bond issue at a cost, of $219,9
bifid of shall be awarded to the lowest bidder, the Culver & &IcGuire Construction Company of Tul
Culver & Oklahoma, that the Mayor and City Clerk be and thlCy are hereby authorized to execute so
McGuire contract in behalf of the City of Fayetteville; that the Mayor and City Clerk are furth
authorized to execute Change Order # 1 simultaneously with the execution of said con-
tract with Culver and McGuire. This motion was seconded by Alderman Burge, and on roll
call by the Clerk, the following vette was recorded: Ayes: Richardson, Burge, Hunt, Prat
Williams, McAllister and Kent. Nays: Heflin. And the Mayor declared the motion passed,
as there were 7 Ayes, and IoNayp.,1.
The City Attorney introduced"A RESOLUTION PROVIDING FOR THE APBLICAT_IONJOF:.T.HE P,
CEEDS DERIVED FROM THE SALE OF WATER REVENUE BONDS TOTALING $250,000.00 OUT OF THE C
OF FAYETTEVILLE'S $4500000.00 AUTHORIZED WATER REVENUE BOND ISSUE, DATED DECEMBER 152
19529 FOR THE PURPOSES FOR WHICH SAID BONDS WERE AUTHORIZED TO BE ISSUED."
Alderman Williams made a motion that the Resolution be adopted, this motion was
seconded by Alderman Pratt, and on roll call by the Clerk, the following vote was rec
Ayes: Richardson, Burge, Hmnt, Pratt, Williams, McAllister and Kent. Nays:Heflin. And
the Mayor declared the Resolution adopted; as them were 7 Ayes, and 1 Nay.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
1. That pursuant to Ordinance No.1040 adopted December 15,1952, by the Civy
0ouncil of the City of Fayetteville, Arkansas, and approved by the legal voters of said
City at a special referendum election held on the 20th day of January, 1953, it is
hereby declared that Bonds No. 1 to 250, inclusive, in the aggregate principal amount
of $250,000.00, shall be issues-soldand delivered as provided in Ordinance 1040 for
the purpose of paying for the cost of constructing the aforesaid betterments and improve-
ments to the waterworks system together with costs of all engineering, legal, and other
expenses necessary or incidental to such construction.
,25
Alderman Williams made a motion that the emergency clause be adopted. This motion
was seconded by Alderman Pratt, and on roll call by the Clerk, the following vote was
recorded: Ayes: Richardson, Burge, Hunt, Pratt, Williams, McAllister and Kent. Nays:
Heflin. And the Mayor declared the emergency clause adopted, as there were 7 Ayes, and
1 nay.
COPY OF RESOLUTION N0. 5-53
A RESOLUTION PROVIDIHG FOR THE APPLICATION OF THE PROCEEDS DERIVED FROM THE SALE
solution
OF WATER REVENUE BONDS TOTALING $250,000.00 OUT OF THE CITY OF FAYE11TEVILLEIS $45020000
0
oviding
AUTHORIZED WATER REVENUE BOND ISSUE, DATED DECEMBER 1521952, FOR THE PURPOSES FOR WZICH
appli-
SAID BONDS WERE AUTHORIZED TO BE ISSUED.
tion of
WHEREAS, the City Council of the City of Fayetteville, Arkansas by Ordinance
nd
No.1040, adopted on the 15th day of December, 1952, and approved by legal voteds of the
ney
City of Fayetteville at a special referendum election held on the 20th day of January,
1953, authorized the issuance of $450,000. in water revenue blinds for the purpose of
constructing betterments and improvements to the municipal waterworks system, and
WFEREAS, it is desirable to specify and direct the application of the proceeds
derived from the sale of $250,000.00 of said bonds dated December 17),1952 for the purpose
of constructing a pump station near the present dam site at Lake Fayetteville and laying
a force main from the present filter plant located on Mt Sequoyah to Lake Fayettevilleol
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
1. That pursuant to Ordinance No.1040 adopted December 15,1952, by the Civy
0ouncil of the City of Fayetteville, Arkansas, and approved by the legal voters of said
City at a special referendum election held on the 20th day of January, 1953, it is
hereby declared that Bonds No. 1 to 250, inclusive, in the aggregate principal amount
of $250,000.00, shall be issues-soldand delivered as provided in Ordinance 1040 for
the purpose of paying for the cost of constructing the aforesaid betterments and improve-
ments to the waterworks system together with costs of all engineering, legal, and other
expenses necessary or incidental to such construction.
,25