HomeMy WebLinkAbout1954-09-20 Minutes•
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(RESOLUTION NO 8-54, continued)
That the City Clerk of the City of Fayetteville,Arkansas,be and he is hereby di-
eted to give notice of such hearing by publication thereof once a week for two consec-
ive weeks in the Northwest Arkansas Times, a newspaper published in Washington County,
kansas,and having,a general circulation in the City of Fayetteville, Arkansas.
3. That the City Clerk of the City of Fayetteville, Arkansas,be and he is hereby
acted to cause an abstactorts certificate as to the record owner of the real estate
tting upon said portion of Gregg Street (now Avenue)sought to be vacated to be atter
said petition prior to the date set for hearing thereon.
PASSED AND APPROVED THIS 7th DAY OF SEPTEMBER. 1954.
Approved ;
Attest ��
; G1?' Ma r
y U.Lerz
The City Attorney introduced "AN ORDINANCE ESTABISHING ONE-WAY STREETS IN THE
ITY OF FAYETTEVILLE,ARKANSAS,AND FOR OTHER PURBOSES.'t
The Ordinance was read;,.rin firll for the first.time, and by agreement was lefjr
n its first reading.
There being no further business, Alderman Richardson moved to adjourn' seconde
Alderman Williams, which was passed unanimously by the Council,and the Mayor declared
Council adjourned,
Attest 0
f'
4
tteville City Council met in regular session Monday, September 20th, 1954.
ante Mayor Roy A Scott, City Clerk J,W.McGehee, City Attorney A.D.McAllister, City
neer W.C.Smith, City Building Inspector Harold Lieberenz,City Auditor Harold Zick,
ce Chief Pearl Watts, Fire Chief Burl Skelton, and Aldermen: Richardson,burge,HUat,
t, Williams, Heflin and Alexander. Absent; Alderman McAllister(who appeared later in
meeting).
Minutes of the regular meeting of September ath, were read and approved.
on The question of the Harry Jackson Rc Wife Plat of.�Jankdoh:+sliPiratdAdditibn.to the City of
Fayetteville that had beeh filed with the City Clerk September 7th, 1954,came up for dist
d cussion, Alderman Richardson made a motion that the matter be tabled, this motion was
seconded by Alderman Williams, and was passed unanimously by the Council.
The City Attorney introduced he following Resolution:
RESOLUTION No. V-54
tion
WHEREAS, it appears thatthe petition of Fayetteville Rndustrial Foundation,Inc.,
o vacate that portion of P6ttigrew Street in the CiVy of Fayetteville, Arkansas,between
cancan Street(now avenue) and Stirmen Street (now avenue); that portion ofDuncan Street
now avenue) between the St.Louis-San Francisco Railroad Right-of-way and a creek runninf
n Northeasterly direction and crossing the Duncan Street (now avenue so as to form the
orth boundary of Lot 1 of Block 7 of Parksdale Addition to the City of Fayetteville,
rkansas;that portion of a twenty -foot alley extending Northward from Pettigrew Street
et ween Lots 39405,69 and 7 and Lot.8 in Block 8 of Parksdale Addition to the City of
'ayetteville, Arkansas; that portion of a twenty -foot alley running along the Southern
oundary of Lots 1 through 14, inclusive,of Block 11 Parksdale Addition 'to -the City of
'ayetteville,Arkansas, between said Lots and the St.Louis-San Francisco Railroad Right-
f-way,was filed with the City Clerk of the City of Fayetteville, Arkansas, on S%ptember
0,1954, and
WHEREAS, said petition has been, duly approved by the City Planning Commission, and
WHEREAS,it appears that this is the next regular meeting of the City Council
:fling of said petition,
NOW,THEREFORE,BE IT RESOLVED;
1.That the 5th day of October,1954,at 6:45 O1C1bck,P.M., be and the same is hereby
ixed as the day set for hearing upon said petition.
2. That the City Clerk of the City of Fayetteville,Arkansas,be and he is hereby dir
d to give notice of such hearing by publication thereof once a week for two (2) consect
ive weeks in the Northwest Arkansas Times, a newspaper published in Washington County,
rkansas,and having a general circulation in the City of Fayetteville, Arkansas.
3. That the City Clerk of the City of Fayetteville, Arkansas,be and he is hereby
cted to cause an abstracter's certificate as to the record owners of the lots abutt
the above described portions of said.streets and alleys to be attached to said pet
prior to the date set for hearing thereon.
Alderman Hunt made a motion that the 'Resolution be adopted, this motion was
Alderman Alexander, and was passed unanimously by the Council.
PASSED AND APPROVED,THIS 20 Day of September, 1954.
Approved
NOW
/ ,or
petition of the Industrial Foundation Inc., asking that cert a a n streets and alleys
arksdale Addition be abandoned and vacated,said petittora be`rmaanied by the app
recommendation of the PLANNING COMMISSION, was p esen a and`��e .
jct-I
66
Mdati
quest
r imp
st
ttorney Clifton Wade presented the request of the Industrial Foundation for some improve,,
ents.that would need tp be made on the site of the proposed Plant,and stated tha-y the
oundation had proposed to pay $5;000, toward this expense. Alderman Hunt made a motion t:
heir request be approved, and the City build the necessary roads,put in the required
ewage Lines,Water Lines and grading as recommended by the Industrial Foundation with the
nderstanding that the Industrial Foundation pay up to $5,000.of the cost of said work
o the City, thisrmotion was seconded by Alderman Pratt and was passed unanimopsly by the
ouncil•
The City4Attorney introduced a Resolution to authorize the Mayor and City Clerk to
xecute a quit claim deed to the Fayetteville Industrial Foundation, Alderman Burge made
motion that the Resolution be adopted, this motion was sedonded by Alderman Alexander
nd was passed unanimously by the Council. Q
} COPY OF RESOLUTION NO.054
WHEREAS, an uncertainty exists as to the exact location of the North boundary Line
Lot Eight (8),in Block Eight (8), Parksdale Addition to the City of Fayetteville,
ansas,and
WHEREAS, it has been generally agreed that the Quarter Section line between the
thwest Quarter (NW;) of the Southwest Quarter (SW4)and the Southwest Quarter (SW4)
the Southwest Quarter (SW -41) of Section Twenty-one (21), Township Sixteen .(16) North
Range Thirty (30) West of the 5th P.M.,is in fact the North boundary of Lot Eight (8),
Block Eight (8), of Parksdale Addition to the City of Fayetteville, Arkansas#e,'.
NOW,THEREFORE, BE IT RESOLVED:
1. That the Mayor and City Clerk be and thay are hereby authorized to execute a
t Claim D��d conveying to the Fayetteville Industrial Foundation,Inc.,all of that
tion of � .. Eight (8) of Parksdale Addition to the City of Fayetteville,Arkansas,
ng south -of the Quarter Section Line between the Northwest Quarter (NW4)"of the South -
t Quarter (SW4)and the Southwest Quarter (SW4$ of the Southwest Quarter (SW,) of Setti
my -One (21), Township Sixteen (16) North, Range Thirty (30) West of the 5th P.M..
PASSED AND APPROVED THIS 20th DAY of
•
/ Approved
Attest
( Alderman McAllister appeared at this time, and his presence was noted by the Cler
The City Attorney introduced "AN ORDINANCE VACATING THAT PORTION OF GREGG ST REE
IW AVENUE) IN THE CITY OF FAYETTEVILLE, ARKANSAS,BEPWEEN SPRING STREET AND MEADOW STREE
THE CITY OF FAYETTEVILLE,ARKANSAS, AND FOR OTHER PURPOSES."
The Ordinance was read in its ebtirety, and Alderman Richardson made a motion
Lt the Ordinance pass, this motion was seconded by Alderman Williams, and on roll call
Clerk, the following vote was redorded: Ayes: Richardson, BtLrge,Hunt, Pratt, Williams
Allister, Heflin and Alexander. Nays:None. And the Mayor deckared the Ordinance passed,
there were 8 Ayes, and no Nays•
6ePY OF ORDINANCE N0.1070
AN ORDINANCE VACATING THAT PORPION OF GREGG STREET (NOW AVENUE) IN THE CITY OF
'ILLE,ARKANSAS ,BETWEEN SPRING STREET AND MEADOW STREET IN THE CITY OF FAYETTEVI.
,AND FOR OTHER PURPOSES.
WHEREAS, a petition was duly filed with the City Council of the City of Fayette-
ille, Arkansas,on the 1st day of July, 19549asking the City Council to vacate that port:
f Gregg Street (now Avenue)between Spring Street and Meadow Street.in the City Of Fayet
rkensas, as designated on the plat of the original City of Fayetbeville,Arkansas, as sai
ppears in the office of the•Circuit Clerk and Ex -Officio Recorder for Washington County.
kansas, and
WHEREAS,after due notices as required by law,the City Council has, at.the time ai
lace mentioned in the notice, heard all persons desiring to be heard on the question ani
as ascertained that the portion of the street hereinabove described has heretofore been
edicated to the publicuse as a street; has not been actually used by the public general:
or a period of at least five (5) years subsequent to the filing of the plat; that all p:
he owners of the property abutting on the portion of said street sought to be vacated
ave filed with the Ciby Council their written consent to said abandonment;and that publ:
nterest and welfare will not be adversely affected by the abandonment of said street.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCOL OF THE CITY OF FAYEPTEVILLE*
RKANSAS:
SECTIOn The City of Fayetteville,Arkansass hereby releases,vacates,and abandon
11 its rightg together with the rights of the public generally,in and to that portion o
regg Street (now Avenue) in the Ciyy of Fayetteville, Arkansas,as same is now platted i
he office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas,
eserving unto said City -of Fayetteville,Arkansas,its successors and assigns,an easement
r right-of-way on,over,under and across ghe portion of said street hereby vacated for
he purpose of constructing,installing, laying and relaying,relocating and maintaining a
ublic utilities now located or which may hereafter be located upon said vacated street
y said City or any corporation having a franchise or right-of-way from said City.
Section -2. A copy of the Ordinance duly certified by the City Clerk shall be
the office of the Recorder of the Counby, and recorded in the Deed Records of the
Section 3. This Ordinance shall take effect and be in force from and after its
passage.
PASSED AND APPROVED this 20th day of September, 1954.
Approved:
Attest q� 2ea
City Clem
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- 67
ri
The City B1zilding Inspector presented the a$plication of A.M.Snider for B1dg.Permit
the corner of West & LAFAYETTE, Alderman Alexander made a motion that Building Permit
.1466 be issued to A.M.Snider, this motion_ was seconded by Alderman Burge, and was passed
animously by the Council*
The Bldg Inspector presented the application of TankersleyBros, For a Building
rmit at the corner of Pollard & Prospect, Alderman Burge made.a motion that Permit No 1467
issued to Tankersley Bros,.This motion was econded by Alderman Alexander, and was passed
animously by the Council.
Alderman Alexander reported that the bills had been approved by the Auditing
CUmmfttee, and made a motion that they be allowed as approved., this motion was seconded
Alderman Pratt, and was passed unanimously by the Council.
Alderman Pratt introduced "AN ORDINANCE FIXING THE ASSESSMENTS OF BENEFITS IN
5VER DISTRICT N0. 2 OF THE CITY OF FAYETTEVILLE, ARKANSAS,PROVIDING FOR PAYMENT OF SAID
ESSMENTS AND FMR OTHER PURPOSES: r
The Ordinance was read in its entirety the first time, and Alderman Williams ma
motion that the rules he suspended and the Ordinance placed on its second reading, this
tion was seconded by Alderman Hunt, and was passed unanimously by the Council*
Tie Ordinance was then read the second time, and after discussion, Alderman
lliams made a motion that the rules be further suspended and the Ordinance placed on i
ird reading, this motion was seconded by Alderman McAllister, and was passed unanimous
the Council.
The Or.-linance was then read the third time.
e Mayor then put the question" shall the Ordinance pass"?, and on roll call by the Cle
e following vote was recorded: Ayes: Burge, Hunt,Pratt. Williams, McAllister, Heflin a
exander.Nays:None. Absent and not voting: Richardson, and the Mayor declared the Ordin
assed, as there were 7 Ayes* and no Nays.
Alderman Pratt made a motion that the emergency clause.be adopted, thismotion
conded by Aldrman McAllister, and on roll call by the-Clerk,the follwing vote was rec
es: Burge, Hunt, Pratt, Williams, McAllister, Heflin and Alexander, Nays:None. Absemt
t Voting:"Richardson• And the Mayor declared the emergy clause adopted, as there were
Ayes., and no Nays.
COPY OF ORDINANCE N0. 1071
AN ORDINANCE FIXING THE ASSESSMENTS OF BENEFITS IN SEWER IMPROVEMENT DISTRICT
0,2 ODF THE CITY OF FAYETTEVILLE, ARKANSAS, PROVIDING FOR PAYMENT OF SAID ASSESSMENTS
OR OTHER PURPOSES.
WHEREAS* more than two-thirds in value of the property holders owning propertyv
djoining the locality being affected and situated in Sewer Improvement District No.2 in
he City of Fayetteville,Arkansas, organized for the purpose of constructing a system of
anitary sewers to serve the property in said district to be connected with the sanitary
ewer system of the City of'.FgLyetteville, Arkansas, in such manner and with such materials
s the Commissioners of said district shall deem for the best interest of said district; I
nd that said property owners have petitioned the City Council of the City of Fayetteville,
rkansas,for the construction of such improvement,and that the cost thereof shall be asset e
d upon the real property of said district according to the benefits received; and
WHEREAS said benefits received by each and every block, lot and parcel of re
y situated in said district equals or exceeds the local assessment thereon; and
WHEREAS the estimated ctst of said Improvement to the district is eighteen
thousand dollars ($18,000.00);
NOW,THEREFORE,TT IS ORDAINED BY THE Cl2Y COUNCIL OF THE CITY OF FAYETTEVILLE,
RKANSAS:
Section 1. That said several blocks,lots and parcels .of real property in said
istrict beassesseTaccording to the assessment list for said Improvement Dibstrict as t
ame now remains in the office of the City Clerk and that, five per centum of thehassesme
f each of said blocks,lots and parsels shall be collected by the County Collector of
ashington County, Arkansas, on or before the 21st day of February,19550 and five per ce
f the assessment shall be collected with the first installment of general taxes becomin
us on the third Monday in Febrg[ary, 1956, and annually thereafter with the first instal
.ent of general taxes until the whole of said local assessment shall be paid.
Section 2. This Ordinance shall be in full force and effect from and after it
assage and approval*
PASSED AND APPROVED this 20th day of September, 1954.
Approved ;- 55z
• Attest : it
y cleric
The ORDINANCE ESTABLISHING ONE WAY STREETS WITHIN THE CORPORATE LIMITS OF THE CITY OF
FpYETTEVILLE,WHICH HAD BEEN LEFT ON ITS FIRST READING, was presented, and Alderman huht
made a motion that it be read the second time, this moyion was seconded by. Alderman
•
Williams, and on roll call by the Clerk the following vote was recorded: Ayes: Richardson,..u;
Ord,
Burge, Hunt,Williams, McAllister and Alexander. Nays: Pratt and Heflin. And the Mayor declar-
left
ed�the motion passed, as there were 6 Ayes, and 2 Nays.
on
The Ordinance was then read the second .time and during the time the Ordinance was
2nd
under discussion, Alderman Richardson obtained permission to leave,since he
had a previous
reading
engagement, after the discussion was ended, Alderman Burge made a motion that the rules be
suspended and the Ordinance read the third and final time, this motion was seconded by
Alderman Alexander, and on roll call by the Clerk, the following vote was recorded:
.Ayes: Burge,Hunt Williams, McAllister and Alexander.Nays:Pratt and Heflin. Absent and not
"voting Richardson.And the Mayor declared the motion lost as there were 5 Ayes, and 2 Nays,
and the Ordinance would remain on its second reading.
ri
The City B1zilding Inspector presented the a$plication of A.M.Snider for B1dg.Permit
the corner of West & LAFAYETTE, Alderman Alexander made a motion that Building Permit
.1466 be issued to A.M.Snider, this motion_ was seconded by Alderman Burge, and was passed
animously by the Council*
The Bldg Inspector presented the application of TankersleyBros, For a Building
rmit at the corner of Pollard & Prospect, Alderman Burge made.a motion that Permit No 1467
issued to Tankersley Bros,.This motion was econded by Alderman Alexander, and was passed
animously by the Council.
Alderman Alexander reported that the bills had been approved by the Auditing
CUmmfttee, and made a motion that they be allowed as approved., this motion was seconded
Alderman Pratt, and was passed unanimously by the Council.
Alderman Pratt introduced "AN ORDINANCE FIXING THE ASSESSMENTS OF BENEFITS IN
5VER DISTRICT N0. 2 OF THE CITY OF FAYETTEVILLE, ARKANSAS,PROVIDING FOR PAYMENT OF SAID
ESSMENTS AND FMR OTHER PURPOSES: r
The Ordinance was read in its entirety the first time, and Alderman Williams ma
motion that the rules he suspended and the Ordinance placed on its second reading, this
tion was seconded by Alderman Hunt, and was passed unanimously by the Council*
Tie Ordinance was then read the second time, and after discussion, Alderman
lliams made a motion that the rules be further suspended and the Ordinance placed on i
ird reading, this motion was seconded by Alderman McAllister, and was passed unanimous
the Council.
The Or.-linance was then read the third time.
e Mayor then put the question" shall the Ordinance pass"?, and on roll call by the Cle
e following vote was recorded: Ayes: Burge, Hunt,Pratt. Williams, McAllister, Heflin a
exander.Nays:None. Absent and not voting: Richardson, and the Mayor declared the Ordin
assed, as there were 7 Ayes* and no Nays.
Alderman Pratt made a motion that the emergency clause.be adopted, thismotion
conded by Aldrman McAllister, and on roll call by the-Clerk,the follwing vote was rec
es: Burge, Hunt, Pratt, Williams, McAllister, Heflin and Alexander, Nays:None. Absemt
t Voting:"Richardson• And the Mayor declared the emergy clause adopted, as there were
Ayes., and no Nays.
COPY OF ORDINANCE N0. 1071
AN ORDINANCE FIXING THE ASSESSMENTS OF BENEFITS IN SEWER IMPROVEMENT DISTRICT
0,2 ODF THE CITY OF FAYETTEVILLE, ARKANSAS, PROVIDING FOR PAYMENT OF SAID ASSESSMENTS
OR OTHER PURPOSES.
WHEREAS* more than two-thirds in value of the property holders owning propertyv
djoining the locality being affected and situated in Sewer Improvement District No.2 in
he City of Fayetteville,Arkansas, organized for the purpose of constructing a system of
anitary sewers to serve the property in said district to be connected with the sanitary
ewer system of the City of'.FgLyetteville, Arkansas, in such manner and with such materials
s the Commissioners of said district shall deem for the best interest of said district; I
nd that said property owners have petitioned the City Council of the City of Fayetteville,
rkansas,for the construction of such improvement,and that the cost thereof shall be asset e
d upon the real property of said district according to the benefits received; and
WHEREAS said benefits received by each and every block, lot and parcel of re
y situated in said district equals or exceeds the local assessment thereon; and
WHEREAS the estimated ctst of said Improvement to the district is eighteen
thousand dollars ($18,000.00);
NOW,THEREFORE,TT IS ORDAINED BY THE Cl2Y COUNCIL OF THE CITY OF FAYETTEVILLE,
RKANSAS:
Section 1. That said several blocks,lots and parcels .of real property in said
istrict beassesseTaccording to the assessment list for said Improvement Dibstrict as t
ame now remains in the office of the City Clerk and that, five per centum of thehassesme
f each of said blocks,lots and parsels shall be collected by the County Collector of
ashington County, Arkansas, on or before the 21st day of February,19550 and five per ce
f the assessment shall be collected with the first installment of general taxes becomin
us on the third Monday in Febrg[ary, 1956, and annually thereafter with the first instal
.ent of general taxes until the whole of said local assessment shall be paid.
Section 2. This Ordinance shall be in full force and effect from and after it
assage and approval*
PASSED AND APPROVED this 20th day of September, 1954.
Approved ;- 55z
• Attest : it
y cleric
68. z
City Engineer p esehq Estimate NO,B for Stewart Electric(for work on the filter plant)
Clear Creek Pu 5ng S ation amounting to $926.070 Alderman Burge made a motion that f
estimate be approved, this motion was seconded by Aldeeman Alexander, and was passed
.imously by the Council. •
Alderman Pratt introduced AN ORDINANCE PROVIDING FOR THE CONSTRUCTION OF E7fiPENSIOIs
AND ADDITIONS TO THE MUNICIPAL SEWER SYSTEM OF THR.,CITY OF FAYETTEVILLE, ARKANSAS,AND FOR
THE ISSUANCE OF SEWER REVENUE BONDS TO PAY FOR THE SAME,AND DECLARING AN EMERGENCY.
The -Ordinance was read in its entirety the first time, and Alderman Williams made
a motion.that the rules be suspended and the Ordinance placed on its -second reading,this
mition was seconded by Alderman McAllister, which was passed unanimously by the Council.
. The Ordinance was then read the second time, and after discussion,Alderman Pratt
made a motion that the rules be furter suspended and t4e Ordinance placed on its third and
final reading, this motion was seconded by Alderman Burge, and was passed unanimously by the
council.
The Ordinance was then read the third and final time.
The Mayor put the question "shall the Ordinance pass"?, and on roll call by the Clerk, _.
the follwing vote was recorded: Ayes:Burge, Hunt, Pratt, Williams, McAllister, Heflin and' .w....:.;: .
Alexander. Nays:None. Absent end not voting:Richardson. And the Vayor declared the Ordinance
passed, as there were 7 Ayes,and no Nays.
Alderman Burge made a mention that the emergency clause, be adopted,this motion
seconded by Alderman Pratt, and on roll call by the Clerk, the following vote was
orded: Ayes:Burge, Hunt, Pratt, Williams, McAllister, Heflin and Alexander. Nays:None,
ent and not voting Richardson..And the Mayor declared the emergency clause adopted,
there were 7 Ayes, and no Nays.
COPY OF ORDINANCE NO, 1072
AN ORDINANCE PROVIDING FOR THE CONSTRUCTION OF EXTENSIONS AND ADDITIONS TO THE
MUNICIPAL SEWER SYSTEM OF THE CITY OF FANETTEVILLE, ARKANSAS,AND FOR THE ISSUANCE OF SEWE1
�
VENUE BONDS TO PAY FOR THE SAME,AND DECLARING AN EMERGENCY.
WHEREAS, the City Council of the City of Fayetteville,Arkansas,hereinafter some-
times called the "Council" has determined to assist in the construction of additions and
extensions to the Sanitary sewer system now serving the City in order to.provide sewage
facilities for properties not presently.served,and
WHEREAS, the Council has caused plans to be prepared by Yoe and Mahaffey,con-
sulting engineers,which show that the estimated cros.t of the proposed additions and exten-
sions to the City is Eij3hteen Thousand Dollars (318,000,00), which the City can secure
from the -issuance and sale of sewer revenue bonds in that amount; and
WHEREAS, under the provisions of Section 10 of Ordinance No.892 of the City of.
Fayetteville,passed and approved on March 4,1946, under which ordinance the City of Fay-
etteville issued its " City of Fayetteville,Arkansas, Sewer Revenue Bonds" of 1946;
the City of Fayetteville reserved the right to issue additional bonds to be payabj:.e from
the revenues of the system to finance or pay the cost of construction of further extension&,
betterments• and additions to the system provided only -that the. gross revenues derived from
the system for the fiscal year then next preceding shall have been sufficient to provide
for all costs of operation, repair and maintenance of the system -.and leave a balance equal
to at least 120 per centum of the aggregate of (a) the principle and interest payment for
such year on total bonds outstanding, and the fiscal agency's charge therefor;
(b) One yeares interests on the total issue of such additional bonds proposed to be issued;
(c) An amount of principal of such additional bonds for one year computed by dividing thel
total amount of such mssue by the number of years to the final maturity date of such bonds,
Id
WHEREAS,under the terms of Setion 6 of Ordinance No.B92 the fiscal year is estab-
lished as the calender year and the last preceding fiscal year immediately preceding the
issue proposed to be issued under this ordinance is the year 19539 and
WHEREAS, the City has had ail audit prepared by Scarbrough and Myers,en independent
firm of Certified Public Accountants whose principal place of business is Fayetteville.
Arkansas, which audit is now on file in the office of the City Clerk of the City of Fayette-
ville, Arkansas,from which it appears that the requirements.for the issuance of additional
bonds ujder Section 10 of said ordinance No.892 has been fully met and complied with and
that the City of Fayetteville is duly authorized to issue the bonds herein contemplated, Id
WHEREAS, the Council by Ordinance No.1046 passed and approved mn March 23, 19530)
fixed minimum rates to be charged fmr the services to be rendered by the additions and
extensions to the system, and
WHEREAS,siid plans have been duly filed with the City Clerk of the City of Fay-
etteville,and copy of the same has been referrdd to the Planning Board of the City of
Fayetteville, and report of the Planning Board has been filed with the City Clerk of the
City -of Fayetteville finl3ing that the plans for the extensions and additions hereinafter
more fully described are in conformity with the general sewer plan for the City of Fayette:
ville,Arkansas.
l
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE9ARKANSAS*
Section 1. The City Council does hereby approve the plans for additions and exten-
sons prepared by Yoe and MaHaffey and now on file with the Ciyy Clerk and does hereby detler-
mine to assist in the construction of said additions and extensions as therin described.
(IThe additions and extensions, together with the Municipal Sewer System as now constructed,
is sometimes hereinafter referred to as the "System").
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69.
SECTION 2. A brief and general description of the proposed improvement is::'
laying of sewer mains to be connected to the System of the City of Fayetteville for
purpose of servicing the.area bounded by.West Maple Street on'.,the North,Razorback
on the East,West Center Street ori the South, and the West City boundary on the West.
Section 3. The Seer Committee as now or inay.hereafter be constituted, is hereby
Lorized,ordered and directed to sell the b&nds hereinafter authorized under such terms
the City shall receive par and acerled interest to the date of delivery of said bond
the purchaser shall be required to pay the costs of.printing the bonds and for the
coving opinion of ah attorney of their own selection. Said sewer committee shall also
control and jurisdiction of the construction of the improvement hereinab&ve mention
after its constructlon,it shall be a part of the Municipal Sewer System under the
.gement of said Committee and Sewer Improvement District No.2.
Section 4. The Council hereby finds that the price of par and accrued interest
the date of delivery of said bonds, the purchaser being required to pay for the priht
the bonds and the approving opimion,is a fair price and one allowed bylaw,and the Sew
mittee as hereinabove set f&rth is authorized and directed to consumate said sale.
Section -5. That under UM authority of the General Statutes of the State of
rkansas,and particularly Act No.132 of the Acts of the General Assembly of the State ff
rkansas for the year 1933 as amended( sometimes hereinafter referred to as " Act 132 as
mended7!sewer revenue bonds of the City be issued in the total amount of Eighteen Thous
ollars ($189000.00),the proceeds of the sale of which shall be used to provide funds tp
ajr one-Ealf'of the cost of the new improvement including engineering,legal,interest dur
onstruction and for six months after completion of construabion, and other necessary
xpenses; that said bonds be designated "City of Fayetteville, Arkansas 3% Sewer Revenue
onds of 195409 to be dated as of October 1, 1954,numbered from 1 to 650 both inclusive
sometimes hereinafter referred to as"bonds") to be in denominations of $100.00 each,
xcept bonds numbered 3,6,9,12,15,19,23,27,32,37,42,47,52, which are in denominations
f 500.00each, and bonds numbered 53,54,56,58,60,63 and 652which shall be in denominati
f 1000.00 each to be callable as hereinafeter set forth,and to mature in numerical ord
n the first day of October in eacgh of the: following years and in the following amounts
o -wit:
YEAR
1956
1957
1958
1959
1960
1961
1962
1963
1964
1965
1966
1967
1968
1969
1970
1971
1972
1973
1974
BOND NOS.4OUNT
e
19 22--a �-
0 . 0
69.
SECTION 2. A brief and general description of the proposed improvement is::'
laying of sewer mains to be connected to the System of the City of Fayetteville for
purpose of servicing the.area bounded by.West Maple Street on'.,the North,Razorback
on the East,West Center Street ori the South, and the West City boundary on the West.
Section 3. The Seer Committee as now or inay.hereafter be constituted, is hereby
Lorized,ordered and directed to sell the b&nds hereinafter authorized under such terms
the City shall receive par and acerled interest to the date of delivery of said bond
the purchaser shall be required to pay the costs of.printing the bonds and for the
coving opinion of ah attorney of their own selection. Said sewer committee shall also
control and jurisdiction of the construction of the improvement hereinab&ve mention
after its constructlon,it shall be a part of the Municipal Sewer System under the
.gement of said Committee and Sewer Improvement District No.2.
Section 4. The Council hereby finds that the price of par and accrued interest
the date of delivery of said bonds, the purchaser being required to pay for the priht
the bonds and the approving opimion,is a fair price and one allowed bylaw,and the Sew
mittee as hereinabove set f&rth is authorized and directed to consumate said sale.
Section -5. That under UM authority of the General Statutes of the State of
rkansas,and particularly Act No.132 of the Acts of the General Assembly of the State ff
rkansas for the year 1933 as amended( sometimes hereinafter referred to as " Act 132 as
mended7!sewer revenue bonds of the City be issued in the total amount of Eighteen Thous
ollars ($189000.00),the proceeds of the sale of which shall be used to provide funds tp
ajr one-Ealf'of the cost of the new improvement including engineering,legal,interest dur
onstruction and for six months after completion of construabion, and other necessary
xpenses; that said bonds be designated "City of Fayetteville, Arkansas 3% Sewer Revenue
onds of 195409 to be dated as of October 1, 1954,numbered from 1 to 650 both inclusive
sometimes hereinafter referred to as"bonds") to be in denominations of $100.00 each,
xcept bonds numbered 3,6,9,12,15,19,23,27,32,37,42,47,52, which are in denominations
f 500.00each, and bonds numbered 53,54,56,58,60,63 and 652which shall be in denominati
f 1000.00 each to be callable as hereinafeter set forth,and to mature in numerical ord
n the first day of October in eacgh of the: following years and in the following amounts
o -wit:
YEAR
1956
1957
1958
1959
1960
1961
1962
1963
1964
1965
1966
1967
1968
1969
1970
1971
1972
1973
1974
BOND NOS.4OUNT
19 22--a �-
0 . 0
4,5,and 6
700«00
7,8,and 9
700.00
10,110 and 12
700.00
13,14 and 15
700.00
16 to 19 inclusive
800.00
20 to 23 inclusive
800.00
24 to 27 "
800.00
28 to 32 "
900.00
33 to 37 "
900.00
38 to 42 "
900.00
43 to 47 "
900.00
48 to 52 "
900.00
53 't.:
1, 000.00
54
19000.00
55 and 56
1,100000
57 and 58
1,.100.00
59 and 60
10100.00
61,62 and 63
10200.00
64 and 65
1,100.00
aid bonds shall bear interest at the rate of 3% per annum,interest payable semi-annual
eginning on April 1, 1955, and semi-annihally thereafter on the first of October and Ap
f each year; the bonds shall be signed by the Mayor and City Clerk and sealed with the
orporate seal of the City; the interest on the bonds shall be evidenced by coupons the
ttached and the coupons shall be signed by said Mayor, by.'.hiA:;fdosiihilet:signattre and t
ayor shall by thiocet6cution.of the bonds to which said coupons are attached,adopt as a
or his own propsr::signature his facsimile signature appearing on said coupons.
The bonds and coupons shall be payable in lawful money of theUnited States of
America at the office of McIlroy Bank,Fayetteville, Arkansas. The bonds, together with
interest thereon shall be payable solely out of sewer revenue revenue bond fund of 1954
as hereinafter defined and shall be a valid claim of the ho;der thereof only against su
fund and the amount of the revenues pledged to said fund,which amounts of said revenue
is hereby pledged and mortgaged for the equal and ratable payment of the bonds and inte
thereon,and shall be used for no other purpose except as hereinafter set out.
That said bonds shall bein substantially the following form:
UNITED STATES OF AMERICA
STATE OF ARKANSAS
COUNTY OF WASHINGTON
CITY OF FAYETTEVILLE
3% Sewer Revenue Bonds of 1954
No.
KNOW ALL MEN BY THESE PRESENTS%
That the City of Fayetteville, in theCounty of Washington,State of Arkansas,for
value received hereby promises to pay,solely from rhe special fund provided therefor as
hereinafter set forth} to bearer,the sum of Dollars
on the first day of October, 19 with interest thereon at the rate of thre'6 per centu
3% per annum from date until pa30 payable on April 1, 1955, and semi-annually thereaft
on the first day of October and April of each year,upon presentation and surrender of t
annexed coupons as they severally become due. Both principal and interest hereon shall
payable in lawful money of the United Staten of America, at the office of McIlroy Bank
of Fayetteville, Ar}¢ansas.
t
70
is bond is one of a series of bonds aggregating Eighteen Thousand Dollars ($180000.00)
1 of like tenor and effect except as to number,denomination,and maturity,dated as of
tober 1,1954*numbered from 1 to 65, both inclusive,and issued for the purpose of exten
g and improving the Fayetteville Municipal sewer system(hereinafter called the "System
This bond and the series of which it forms a part are issued pursuant to and in
ccordance with the provisions of the laws and Constitution of the State of Arkansas,and
articularly Act No.132 of the Acts of the General Assembly of the State of Arkansas for
he year 1933s as amended,and do not constitute an indebtedness of the City of Fayettevil
ithin any constitutional•or statutory limitation.
Said bonds are payable solely from a fixed amount of the revenues from the System
hich amount shall be sufficient to pay the principsll of and interest on the bonds as the
ame become due and payable. Said amount has been duly set aside and pledged as a special
and for that purpose and identified as the "Sewer Revenue Bond Fund of 1954" created by
rdinance No. 1072 duly adopted by the City Council of the City of Fayetteville on Septem
er'20,1954, under which this bond is authorized to be issued, and the said City of Fay-
tteville has f0ed and has covenanted and agreed to maintain rates for Sewer services
hich shall be sufficient at all times to provide for the creatioh of a separate deprecia
ion fund for necessary replacements to said System, to prmvide for the payment of the
easonable expenses of operation and maintenance of said System, and to provide for the
ayment of the principal.of and interest on these bonds as the same become due and paya-
le and of the outstanding balance of Sewer Revenue Bonds issued by the City under dates
f March 4,19462 and May 1219530
This bond is expressly made negotiable by the StatItes under which it is issued,
nd is issued with the intent that the laws of the State of Arkansas shall govern the
onstruction thereof.
The bonds of this issue shall be callable for payment prior to maturity in Inver
umerical'order at par and accrued interest on any interest paying. date with funds from
ny source. In the event a call is made, the City shall publish notice of such call for
edemption once a week for- two weeks in the Notrthwest.Arkansas Times, a newspaper publish
n the City of Fayeetville,Arkansas, giving -the number and maturity of each bond being
alled, the first publication to be at least fifteen days prior to the date fixed for
ademption,and after the date fixed for redemption, each bond so called shall cease to
ear interest,provided funds for 4ts payment.are on deposit with the paying agent at that
ime.
IT IS HEREBY CERTIFIED,RECITED AND DECLARED that all acts,conditions and things re-
uired to exist,happen and be performed pursuant to and in the issuance of this bond have
xisted, happened and been performed in due times form and manner,as required by law,and
hat sufficient of the income and revenue which is deemed to be derived from the operatic
f said System has bash pledged to and will be set aside into said special fund for the
ayment of the prihcipal of and interest on said bonds.
This bond shall not be valid until it shall have been authenticated by the certifi
ate hereon,duly signed by the McIlroy Bank of Fayetteville, Arkansas.
IN WITNESS WHEREOF the City of Fayetteville, Arkansas,by its City Council,has
aused this bond to 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 signature of said Mayor,all as of the first day of October, 1954.
ATTEST: CITY OF FAYETTEVILLE,ARKANSAS
By
C y C er Mayor
(Seal) (Form -of Coupon)
No.
On the first day of (April)•(October), 19 , the City of Fayetteville,
Washington County, Arkansas, unless the bond to whi=his coupon is attached is -sooner
called for payment, promises to bearer the sum of Dollars, solely out
the;fund specified in the bond to which this coupon apper a ns,
I the office of the McIlroy Bank of Fayettevmlle, Arkansas, in lawful money of the Uni
States of America,being interest then due on its 3% Sewer Revenue Bond of 1954 dated
October 1, 1954s and numbered
CITY OF FAYETTEVILLE,ARKANSAS
i�
Mayor .
All coupons shall.be for six months. interest. The Mayor's signature may be li
engraved).
On the back of said bonds is to appear the following:
CERTIFICATE
This is one of the 65 bonds aggrgating $18,000.00 described within.
Fayetteville, Arkansas
1954
MCILROY
TrIstee
By
BANK OF FAYETTEVILLE,ARKANSAS,
c
Pi
!„
7.
71:
Section 6. The rates for the sewer service fixed by Ordinance No.1046 of the City of
Fayetteville shall never be reduced until all the bonds of this issue and all coupons
• thereto attached have been paid in full and shall,when necessary, be increased in an amou
sufficient to provide for the maintenance of the funds hereinafter described.
Section 7. By the terms of Ordinance No.8920 the City created a Sewer Revenue Bond
Fund and in Section 10 of said Ordinance No.8923 the City authorized the.issuance of addi
gional bonds to finance the cost of constructing additional extensions and improvements
yo the System if gross revenues for the preceding fiscal year shall have been sufficient
to provide all costs of operation, maintenance and•repair of the System and leave a ba-lan
equal to 120 per centum of principal and interest payments for such year, on all bonds
then outstanding and the fiscal agency's charges therefor; one year's interest on the tot
issue of such additional bonds than proposed to be issued; and one year's average maturit
of the principal amount of the proposed issue and that the annual audit for the year,1953
of the operation of the sewer system shows a net profit more thansufficieht to meet these
requirements,and the City has the authority to set up from said het profit a bond fund fc
this issue.
Section 8. Sewer Revenue Bond Fund of 1954. (a) The balance- of the income and
revenue of the System after making the required payments into said sewer operation and
maintenance fund as created by said Ordinance No.892, ar hereby declared to be the net
revenues and income from said System. There is hereby c�ted and so long as any of the
tionds hereby authorized are outstanding,there shall be maintained a special fund to be
known as the "Sewer Revenue Bond Fund of 1954" (Sometimes. hereinafter referred to as the
"Sinking Fund`! ),into which there shall be set aside from said income and revenues such
portion thereof as will be sufficient to pay the interest on said bonds as the same beton
due and to pay the necessary fiscal agency charges for paying bonds and interest and to
,., pay the principal of said bonds at or before maturity as herein provided, and to create a
4 margin for safety.
In order to provide for payment of principal and interest and margin for safety
there shall be paid into said sinking fund each month one -fifth of the next semi-annual
interest requirements and one-tenth of the next principal requirement until there shall
te'accumulated in said fund an amount equal to currant principal and interest requirement
and fiscal agency fees and an amount in reserve'equal to one year's principal and interes
and fiscal agency charges,at which time payments into said sinking fund shall be reduced
to one-sixth of the next -semi-annual interest payment and one -twelfth of the next princip
payment, provided however.that no further payments need be made intbosaid sinking fund
After and so long as such amount of the bonds shall have been retired that the amount the
held in said sinking fund, including the reserve, is equal t6'tZe entire amount of the
interest and principal that will have accrued and become due at the time of the retiremer
it maturity of all the bonds then remaining outstanding.
The undertaking to transfer and pay'the prescribed amounts from said.net profi
derived from the operation of the System into said sinking fund shall be cumulative so th
in the event the net income and revenues during any month are not adequate to make the
required transfer in payment or if for any other reason there shall be a failure to make
such transfer in payment, the amount of deficiency shall be made up from the tfirst avail-
able net income and revenues thereafter received and the same shall be in addition to
Y
amounts otherwise provided to be transferred and to be paid into said sinking fund.
(b) Said sinking fund shall be used solely and only and is hereby pledged for th
p
UUur ose of paying the interest -on and accomplishing the retirement of the bonds herein
arized. Withdrawals and remittances to the place�or places .of payment of the principal
and interest shall be made in ample time to meet the payments of such principal and inter
which are as.follows:
Pricipal Interest
Year October 1 April 1 -October 1 Total
1955 $700.00 $270.00 $270.00 $1,240.00
1956 700.00 259.50 259.50 19219.00
1957 700.00 249.00 249.00 1.198.00
1958 700.00 238.50 238.50 1,177.00
1959 700.00 228.00- 228.00 1,156.00
1960 800.00 217.50 217.50 1,235.00.
1961 800.00 205:50 205.50 1,211.00
1962 800.00 193.50 193.50 1,187.OU
1963 900.00 181.50 181.50 1,263.00
1964 900.00 168.00 168.90 1,236.00
1965 900.00 154.50 154.50 1,209.00
1966 900.00 141.00 141.00 1,182.00
1967 900.00- 127.50 127.50 1,155.00
1968 1,000.00 114.00 114.00 19228.00
1969 10000.00 99.00' 99.00 10198.00
1970 12100.00 84.00 84.00 1,268.00
1971 1,100,.00 67.50 .67.50 1,235.OU
1972 12100.00 51.00 51.00 10202.00
1973 1,200.00 34.50 34.50 1,269.00-
1974 1.10100000 16.50 '16.50 1,13300'
It sha-ll�be the duty of the Treasurer to deposit in'the Sewer Revenue --Bond Fund of
1954 in the depository for the revenues of said System on the first daycdf each month
after the issuance of the bonds herein -authorized the respective sums set out above,which
are required to be withdrawn from the said net profits and to be.paid into the sinking fu
Reseryes.in.th6sdinkinJ3 fund in excess of current principal and interest requirements are
hereby designated as the "Reserve Fund.'! Withdrawals and disbursements may be made from
said reserve fund to meet the payments of interest or principal to whatever extent funds
in sinking funds are insufficient for that purpose,or meeting special or unforeseen emer-
gencies or repair or replacement work which could not have been anticipated or which is
essential for the continued operation of the system and for the payment of which there ar
no other funds available. Provided, however, that if withdrawals are made on said reserve
fund that payments into the Sewer Revenue Bond Fund shall be equal to one=fifth of the ne
• interest payment and one-tenth of the next principal payment, until said reserve fund is
again equal to one year's principal and interest payment in advance at which time payment
shall be reduced to one-sixth of the next interest requirements and one -twelfth of the ne
principal requirements.
Section 9. Nothing in this Ordinance is intended to or shall be construed to impair)
in any manner or degree the contract of the City with the holders of its Sewer Revenue
Bonds of 1946.
t
72 z
Section'10. Nothing in this Ordinance shall be construed to prevent the issuance by the
Ciity of additional bonds payable from the revenues of the system to finance or pay the colt •
of constructing any further.exte'nsions, betterments or additions to the system provided,
however,that the City shall not authorize or issue any such additional bonds so long as
any of the non -redeemable 4% sewer revenue bonds dated November 1,1935 or any of the bonds
issued under the terms of Ordinance '892, or any of the Sewer Revenue Bonds of 1953 are
outstanding,unless the gross revenues 'derived from the system .for the fiscal year then nexlt
prededing shall have been sufficient to provide for all costs of operation, repair and maine_.._.,._
tinance of the system and leave a balance equal to at least 120% of the aggregate of
(a) the principal and interest payment for such year on total bonds then out-
standing and the fiscal.ageney's charges therefor.
(b) One year's interest on the total issue of said additional bonds proposed
to be"' issued, and
(e) An amount of principal for such additional bonds for one year computed by
dividing the total amount of such issue by the number of years to the final maturity date
of such bonds.
Section 11. The bonds in the principal amount of'$l8,000.00 shall be delivered to
the purchaser upom payment by such purchaser in cash of the face amount of said bonds
together with accrued interest on said bonds to the date of delivery and satisfactory
Proof of the payment of the cost of printing said blinds and the opinion of the approiting"
attorney. The money received for accrued interest shall be paid into the Sewer Revenue
Bond Fund of 1954 and the balance shall be deposited in a special fund to be known as
Construction Fund Account in a bank in the City of Fayetteville carrying federal deposit
insurance, which bank shall give adequate security for said deposit. Funds in the Construe-
tion,Fund'Account shall be used soleljr for the purpose of paying part of the cost of the
improvements and extensions according to the plans thereof,which are now on file, togethe
with.'the necessary engineering, legal,and other expenses incideltal to such construction,
and except for.legal and erigimeering-costs and administrative expenses, shall be paid out
.,,
only on`engirieering.estimates and the depository shall be notified of this requirement.
Section 129 For and in consideration of the purchase and acceptance of the bonds
authorized 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 department,ageney,
or instrumentality thereof shall avail'itself of the facilities or services afforded by the
System, the reasonable valine of the services and facilities so afforded shall be charged
against the City or such.department,agency, or instrumentality, and shall be paid for as,
the charges therefor accrue. The revenues so received from the City shall be deemed to be
revenues derived from the operation of the System; provided,-however,that nothing herein
shall be construed as requiring the City or any depart3;ent, ageney,or &nstrumentality there-
of to avail itself of the facilities or derviees afforded by the System.
(b) The City will maintain the System in good condition and operate the same in an c.._III
efficient manner and at a reasonable cost.
(c) The City Treasurer shall be the custodian of the revenues derived from the Sys-
tem and his present bond shall.be so endorsed. l
(d) All revenues fromt.the System shall be deposited in such depository or deposit-
ries as may be lawfully designated from time to time,subject, however,to the giving of se -1
curity by each such depository as now oCas hereafter may be required,and provided each..:
such depository shall hold membership in the%Pederal Deposit Insurance Corporation.
A11 deposits shall be made in the name of the City and be so designated as to indicate the
'particular fund to'which the: revenues belong. Paymernts from each fund set out in this ordi-
nance shall be made by cheok2or vouched signed by two duly designated persons and drawn on
-the depository in Which the monies in said fund shall have been deposited, and each such
.check or voucher shall briefly specify the purpose of the expenditure.
(e) The•bonds, together with the interest-threon, are nett general obligations of
•the City nor do they constitute an indebtedness of the City within the meaning of any con-
-st�itutional 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 the
•amount of the revenues pledged to said fund,whieh fund is hereby pledged for the equal and
-ratable payment of'the bonds'issued by authority of this Ordinance and shall be used for no
•other purpose than'to pay the principal and interest"of the bonds as the same mature, except
-as provided in this ordinanoe.
(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.
(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 ref-
erence to the System required by the Constitution and statutes of the State of Arkansas,
including the making and collecting of reasonable and sufficient rates lawfully established
for services rendered by the System and applying the revenues therefrom to the respective
funds herein created.
(h) So l&ng as any of the bondsare outstanding, the City will not mortgage,pledge,
or otherwise encumber the System or any part thereof or any revenues therefrom, except as
herein provided,and will not sell,lease, or"otherwise dispose of any substantial portion of,
the same. The obligation of the City set out in this ordinance,the pledge of revenues,and
the City's agreement not to mortgage, pledge, or otherwise encumber the System, shall be made
a matter of public record by having a certified copy of this ordinance recorded as a mort-
gage in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County,
Arkansas, I
(i),The City will keep proper Books of records and accounts(seperate from all oth- •
erlrecords and accounts) in which complete and correct entries shall be made of any trans-
actions relating to the System. The City agrees to have these records audited by an inde-
penden� certified public accountant at least once each yeartand it shall furnish the Trustee
a copy of this audit. In the event that the City fails or refuses to ma4e the audit, the
Trustee may have the audit made,the cost thereof to be charged to the cost of operation.
•
Letter
from
Board of
U I of A
restees
•
7.3:
(j) If there be any default in the payment of either the principal of or the interest
any of the bonds, the holder or holders of any of the bonds may enforce any mortgage lie,
nted by statute and may by proper suit compel the performance of the duties of the
icials of the City, as set forth in the statttes authorizung the bonds.
If there be any default in the payment of the principal of or interest on the bonds
if the City shall fail to keep any other obligation which it herein assumes,and such
ault shall continue for thirty days thereafter, any court having jurisdiction in any
per -actions which may be instituted either by the Trustee on behalf of all the bond-
ders, or by theholder of a bond in default,may appoint a receiver to administer the
tem on behalf of the City, with power to charge and collect rates sufficient to provide
the expenses of the receivership, the payment of the. bonds and interest thereon, and
the payment of the operating expenses, and to apply the income and revenues in conform -
with said statutes and this ordinance providing for the iss-gance of said bmnds,but when
defaults are cured, the receivership shall be ended and the management and control of
I
System restored to the City.
(k) The City further covenants and agrees that if default is made in the payment o.
any brand or coupon, or if the City fails to meet any sinkimg fund requirements,the holder
of such bond may declare that bond immediately due and payable and in default and either
the Trustee on behalf of all the bondholders or any bondholder for himself may institute
•suit to enforce the pledge lien herein granted. The failure to exercise this option upon
any default shall not be a waiver of the right to exercise it upon any subsequent default
(L) The bonds authorized hereby shall be callable for payment before maturity
cording to the terms set out in the bond form*
(m) Mcllroy Bank of Fayettevole,Arkansas, is deslgnated AS THE PAYING AGENT and
all receive for their services 25� for each $100.00 in coupons paid and 122¢ for each
00.00 in bonds paid, provided that the paying agent+s fee shall not be less )Than $1.00.
(n) The City hereby agrees to make all payments on bonds and interest only throu
he designated paying agent. All bonds paid or purchased,. either at or before maturity
shall be cancelled when such payment or purchase is made,together with all unmatured
oupons appertaining thereto, shall be returned to the City, and shall not be reissued.
11 unpaid interest coupons maturing on or prior to the date of such payment or purchase
hall continue to be payable to the respective beareas thereof.
(o) It is hereby declared that the provisions of this ordinance are separable,
nd if any provision of this ordinance shall for any reason be held illegal or invalid,
t shall not affect the validity of the remainder of the ordinance..
(p) It is hereby declared that the provisions of this ordinance constitute a cons
ract by and between the City and the holders of the Bonds andinterestcoupons issued b;
athority hereof; and after the blinds have been issued and paid for, the terms of said p+
isions shall not be changed except with the written consent of the holders of all bonds
ad cpupons then outstanding.
(q) Whenever reference is made in this ordinance to a Trustee, it shall refer to i
cIlroy Bank of Fayetteville, Arkansas. The said Trustee shall be responsible only for
he wilful misconduct in the execution of this trust. The recitals of fact herein contai+
ad contained inthe bonds, except the recitals in the Trustee+s Certificate, are statemel
f the City and shall not be construed as being made by the Trustee.
The Trustee shall not be required to effect insurance against fire or damage to
ortgaged property, nor to advance any money to pay insurance premiums, nor to pay any
barges or special assessments against said property, nor to see that pledge of revenue
s properlyrrecorded and kept in force as a pledge, nor shall it be required to take not:
r be deemed`to have had notice of any default of the City in the failure to perform any
f the condition of this ordinance, unless said Trustee shall have been specifically not:
ied in writing of said default; nor shall it.be required to take any action hereunder
ntil it shall have been indemnified to its satisfaction by the hailders of the bonds herr
entioned, or some of them against loss or damage on account thereof. The Trustee is aut:
zed in its discretion to release any real or personal property no longer used in the op
ion of the System. The holder or holders of a majority in value of the bonds at any tim
utstanding may at their option remove the Trustee and appoint a sileaessor trustee, by a
nstrument duly acknowledged and filed for record in the office of the Circuit Clerk and
x -officio Recorder of Washington County. The Trustee may resign at any time upon ten d
ritten notice to the City Clerk. The successor trustee shall have all the rights and
owers of the originally appointed trustee.
Section 13. It is hereby ascertained and declared that the urgent need for
itional sewer lines endangers the health and safety of the inhabitants of the City of
etteville, and therefore an emergency exists and this ordinance, being necessary for
immediate preervation of the public peaee,health and safety,shall take effect and be
force from and after its passage.
PASSED and APPROVED on the 20th day of September,1954.
ATTEST:�/�ry�
ffity cierx-
CITY OF +s
BY 4Q=eZ>e
jor
At this time the Mayor read a letter from the Board of Trustees of the University of
Lrkansas,Vhich letter was in answer to a request from the Council that the Board make
mown its stand,ffri(nypn a proposed change in zoning regulations in an area just West of
tazorback Stadium. The Statement of the Board was as follows:
+' THE- BOARD of -Trustees calls attention to the fact that residential developme
North, East and South of the Campushas reacbd a high degree of concentration, if there i
to be further development of concentrated housing facilities in the vicinity of the
University such development must take place chiefly to the West of the Campus.
"The Board, therefore, feels that rezoning of the west side of Razorbac7s Road
for multiple housing is probably inevitable. The Board ha's no reason to opl:fge the preser
proposal to rezone".
After the reading of the letter, Alderman Burge suggested that the matter of rezc
be taken up at the next meeting of the Council,and that the Paper give it some publicit;
so that any one who was opposed to the rezoning would have notice that the matter would
be up for hearing at that time.
3
74
LiE
be
on
I Le
atter (Alderman Burge made a motion that the Mayor write a letter o& appxediation to Harold Zic
td for his work during the time he has served as CITY AUDIT OR, and that each member of the C
arold sign the letter, this motion was seconded by Alderman McAllister, and was passed unanimou
ick by the Councils
There being no further business, Alderman Alexander made a motion to adjourn,
chd;:aincb `tiie,�U.S NAVYeBAND. was schiEfdiil`@dito;:he here ori'tfie ;nightcof;1 11 be"r.:.4th,.caPi&
he next .regulsr,meeting of the Council be postponed till 6:45 P.M.Tueaday, October 5th.0
his motion was seconded by Alderman Heflin, and was passed unanimously by the Council,
nd the Mayor declared the meeting adjourned, and stated that the next meeting would be
Ictober 5th., at 6:45 P.M. .
Attest:
y G.Lerx Approved :
yor
ayetteville City Council met in regular session, Tuesday at 6:45 P.M.,Oetober 5, 1954.
,resent: Mayor Roy A.Scott,City Clerk J.W.McGehee, City Attorney A.D.MeAllister,City
hgineer W.C.Smith, City Auditor Albert Jones. City Building Inspector Harold Lieberenz,
jolice Chief Pearl Watts, Fire Chief Burl Skelton, and Aldermen: Richardson,Burge, Hunt,
ratt,Williams, McAllister, Heflin and Alexander..
IInutes of the regular meeting of September 20th,were read and approved.
jway the "ONE WAY STREET" Ordinance, which had been up for consideration for sometime, and had
jet �" een_lefjc on its second reading -September 20th,was brought up for consideratiLon, and afte
; on ,�.�a lengthy discussion was had, and•a number of proposals submitted, among which was one
.read- Q ao establish traffic lights at all corners of the square in.lieu of the ONE WAY STREET
its to a Ordinance, Alderman Hunt, Chairman o the Street Committee, made a motion that the Street
)laced ol Pedestri
Car tttrafficee eonuallrfoed ti es of thetSquare,y thihe STOP s�motionsweas secondedto rby Alderman efliu
jquare and was passed unan sly b the o ail o 1and that the Mayor and••"City Clerk be authori
u$ixii' atoat oar .? execute the necessary contract in connection
The question o easing the "Mrs.A.M.Byrnes property"West of the West side of
the square, which had been under consideration for some time, came up again for consider-
ation, and Clifton Wade, Attorney for Mrs.Byrnes presented a proposition of LEASE and FUR
CHASE of the property, the important features of whichwere as follows:
1. A 10 -year lease at $500.00 per monthminimum throughout,but subject to an arbitri
tied increase -if requested- for its last 5 years.
sal
2s A $3,000.00 bonus, payable upon signing of the lease,for demolition rights and
salvage on all the property's buildings except the somecalled Red -Ball and Swift buildings
located on the southeast and northwest corners of the property.
3. Assumption by the City of premium payments on all existing insurance policies
on the buidings now on the property,subject to cancellation of policies on any buildings
demolished by the City# Ors at the Cityfs option, replacement of existing policies with
others of equal protection, Also, by insurance or otherwise,the City -to assume all responq
sibility for public liability and property damage claims arising out of its tenancy and
its sub -tenants' businesses.
4. A purcgase option that the City could exercise atz"the end of the 10 -year lease,
outright purchase of the -entire property for a sum of $709000.00(see later qualifying
arks). This option might contain a clause permitting toe City to definitely commit it -
f to the purchase at an earlier date,and through pos Of bond or other device thereby
ain the right to demolish the two exception buildings prior to termination of the
veer lease if it wished to do so.
5. The City to assume full responsibility for either honoring all existing buildin
leases or effecting'caneellation of them,to preclude any claims against the property owne
'� for alleged,damages. '� st%rc�` �' 4, y es. * &e st dy0 teo.:a.43 "!./-,<y o er< a Ltose
/ / s ��i.y• ��" t,C-Y.�a/y&a=~"��iG.-.C�bc e+.i �FwiseNL`e excu+'te�a•tl lee`set�'�^C
✓,,,�i.c.`� Alderman Hunt made a motion that thegMayor and City Clerk -along with the Off Stre
Parking Committee be authorized to enter into this " Lease with option to purchase Agree-
ment on the Byrhes Property ", as outlined in Proposal, this motion was seconded by Alder
I
an Williams, and was passed unanimously by the Councils
IThe City Building Inspector presented the application of Tune Construction for
a permit at 15 N.East Ave., Alderman Pratt made a motion that Permit No.1471 be issued tc
Tune Construction Co., this motion was seconded by Alderman AleSander and was passed unan
imously by the Councils
The City Bldg Inspector presented the application of Arkansas Fuel Oil Corpora-
tion for a permit on Highway 62, West, Alderman Burge made a motion that Permit No.1479
tie issued to Arkansas Fuel Oil Corp., this motion was seconded by Alderman Alexander, and
I
as passed unanimously by the Council.
Alderman Richardson reportedctthat the bills had been approved by the auditing
ommittee, and made a motion that they be allow64 as approved,this motion was seconded
yy Alderman Pratt and was passed unanimously by the Councils (at this time Alderman Rich,
>btained permission to leave the Council)
The City Attorney intr&duced " AN ORDINANCE VACATING THAT PORTION OF FETTIGRE
TREET IN THE CITY OF FAYETTEVILLE,ARKAY.AkS,BETVIEEN DUNCAN STREET (NOW AVENUE) AND STIRU
TREET (NOW AVENUE);THAT'TPONION:7OF_'DUNCAN--ST TGNOW.:PITE�i,..)TWEEN THE ST.LOUIS AND SAD'
RANCISCO RAILROAD RIGHT OF WAY,AND A CREEK RUNNING IN A NORTHEASTERLY DIRECTION AND CROS
NG DUNCAN STREET (NOW AVENUE) SO AS TO FORM THE NORTHERN BOUNDARY OF LOT ONE OF BLOCK
EVEN OF PARKSDALE ADDITION TO THE CITY OF FAYETTEVILLE,ARKANSAS; THAT PORTION OF A TWEN)
'OOT ALLEY EXTENDING NORTHWARD FROM PETTIGREW STREET BETWEEN LOTS THREE,FOUR,FIVE,SIX,
EVEN,INCLUSIVE, AND LOT EIGHT IN BLOCK EIGHT OF PARKSDALE ADDITION TO THE -CITY OF FAY-
TTEVNLLE,ARKANSAS; THAT PORTION OF A TWENTY -FOOT ALLEY RUNNING ALONG THE SOUTHERN BOUNDI
F LOTS ONE THROUGH FOUMEEN,INCLUSIVE ,OF BLOCS ELEVEN OF PARKSDALE ADDITION TO THE CITY
iF FAYETTEVILLE 9 ARKANSAS# BETWEEN SAID LOTS AND THE ST,LOUIS SAN FRANC ISCORAILROAD RIGHT
,F WAY,AND FOR OTHER PURPOSES"s
T he Ordinance wa read in its entirety by the City Attorney, Alderman Burge made
c motion that the rules 'A:suspended and the Ordinance Placed yn it second reading this
Dtion was seconded by Alderman Alexander, and was passed unan mousy by the Councils
ily
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