HomeMy WebLinkAbout1958-04-18 Minutes,So /
The City Council of Fayetteville, Arkansas, met in special session on Friday, April 18, 1958, at 7:30 P.
Special Present: Mayor J. Austin Parish „ City Clerk George J. Davis, City Attorney A. D. McAllister Jr., City
Session Engineer W. C. Smith, and Aldermen: Ralph Barnhart, Lynn Smith, Ellis Burgin, Bruce Lunsford, Webb Willi;
Herbert Hatfield, Dale Kent, and Bryan Walker.
Absent: None,
The Mayor announced that the purpose of the meeting was to consider, to hold a public hearing, and take
urposedof appropriate action on an ordinance fixing water and sewer rates, which ordinance had been heretofore int.
tinge:.. duced and read in full the firsttime, nctice of a hearing thereon duly published as required by law, and
the date for the hearing fixed for April 18, 1958, and to consider the adoption of a proposed bond ordi—
nance; also to set a time for a hearing on the bond ordinance.
Thereafter Alderman Lunsford, seconded by "lderman'Talker, moved that the ordinance entitled:
Rate Ord. "AN ORDINANCE FIXING RATES FOR iiATER FURNISHED BY THE WATERWORKS SYSTEM OF THE CITY OF FAYETTEVIL
on second ARKANSAS, AND RATES FOR SERVICES FURNISHED BY THE SEWER SYSTEM OF THE CITY OF FAYETTEVILLE) ARKA
reading. SAS, AND PRESCRIBING OTHER MATTERS RELATING THERETO"
be place on its second reading.
Upon roll call the following vote was recorded: "Aye" Barnhart, Smith, Burgin, Lunsford, Williams, Hatfi
Kent, and Walker.
"Nay" None. There being ei0i "Ayes" and no "Nays", the Mayor declared the motion passed.
The City Attorney then read the ordinance in its entirety for the second time.
Public The Mayor then called upon anyone who desired to present objections or suggestions to the proposed water
Hearing. and sewer rates.
A full and open discussion of the proposed rate ordinance was had.
WHEREAS, the City Council has determined that the System should be improved and extended and has
had prepared by duly qualified consulting engineers preliminary reports and estimates of cost of the need
extensions, betterments and improvements, which reports are on file with the City Clerk and to which
reference may be made by any interested person, and which in general call for the following extensions,
betterments and improvements: Construction of a dam or. the White River, a pumping station, a 20" or large
pipe line from the dam, and additions to the filter plant; extensions, betterments and improvements to th
water distribution system; and extensions, betterments,and improvements to the sewage collection system
and the sewage treatment facilities (which will be hereinafter referred to as the "improvements"), all at
an estimated cost of $4, 150,000, including engineering, legal and otheynecessary expenses incidental to
the construction of the improvements and to the issuance of revenue bonds; and
WHEREAS, the City does not have funds available to undertake and complete the improvements, but can
obtain the same by the issuance of revenue bonds; and
WHEREAS, in connection vrith the financing of the cost of the improvemee•nts, it will be necessary for
the City lk0 refund the outstanding bonds of an issue of Sewer Revenue Bonds dated January 1, 1946, there
being $73,COO in principal amount of said bonds outstanding, an issue of Water Revenue Bonds dated
December 1, 1948, there being $646,000 in principal amount of said bonds outstanding, and an issue of VLA,
Water Revenue Bonds dated December 1, 1952, there being $431,000 in principal amount of said bonds
outstanding; and
WHEREAS, as the initial step in said undertaking, it is necessary for the City to establish rates
to be charged for the services of the System;
NOW, THEREFORE, BE IT ORDAINED By the City Council of the City of Fayetteville, Arkansas:
Section 1. That the -following monthly rates be, and they are hereby, fixed as rates to be charged
for water furnished by the Waterworks System of the City of Fayetteville, Arkansas, whidh rates the
Council finds and declares to be reasonable and necessary minimum rates to be charged:
Following a brief recess, Alderman Smith, seconded by Alderman Lunsford, moved that the rule requiring
the reading of an ordinance in full an three different days be suspended and that the ordinance be placed
Rate Ord,
on its third and final reading.
passed
and
Upon roll call the following vote was recorded: "Aye" Barnhart, Smith, Burgin, Lunsford, Williams,
given
I
Hatfield, Kent, and Walker. "Nay" None, There being eight "Ayes" and no "Nays", the Mayor declared the
No. 11165
motion passed, and the rule suspended. The City Attorney then read the ordinance for the third and last
time.
The Mayor then declared the ordinance open for discussion. There being no further disscussion, the Mayor
as�ed the question, "Shall the Ordinance pass"?
Upon roll call the following vote was recorded, "Aye" Barnhart, Smith, Burgin, Lunsford, Williams, Hatfie
Kent, and talker. "Nay" None. There being eight "Ayes" andnollNays", the Mayor dedlared the ordinance
passed, The tlayor_then.signed_{"the y brdinance,whichywt's attested ti the_ City.!Clerk]andt,impressedc.with-'the
seal of the City. The Ordinance, was given No. 1165,
ORDINANCE NO. 1165
AN ORDINANCE FIXING RATES FOR WATER FURNISHED BY THE WATERWORKS SYSTEM CF THE CITv OF FAYETTEViLLE,
ARKANSAS, AND RATES FOR SERVICES FURNISHED BY THE SvrTER SYSTEM OF' THE CITY OF FA=. ..EVILLE, ARKANSAS AND
Rate Ordinance.
PRESCRIBING OTHER MATTERS RELATING THERETO.
No, 1165
WHEREAS, the Waterworks and Sewer Systems presently serving the City of Fayetteville, Arkansas
(which are and are to be operated gas one systbm and which will be hereinafter referred to as the "System)
are inadequate for the needs of the inhabitants of the City; and
WHEREAS, the City Council has determined that the System should be improved and extended and has
had prepared by duly qualified consulting engineers preliminary reports and estimates of cost of the need
extensions, betterments and improvements, which reports are on file with the City Clerk and to which
reference may be made by any interested person, and which in general call for the following extensions,
betterments and improvements: Construction of a dam or. the White River, a pumping station, a 20" or large
pipe line from the dam, and additions to the filter plant; extensions, betterments and improvements to th
water distribution system; and extensions, betterments,and improvements to the sewage collection system
and the sewage treatment facilities (which will be hereinafter referred to as the "improvements"), all at
an estimated cost of $4, 150,000, including engineering, legal and otheynecessary expenses incidental to
the construction of the improvements and to the issuance of revenue bonds; and
WHEREAS, the City does not have funds available to undertake and complete the improvements, but can
obtain the same by the issuance of revenue bonds; and
WHEREAS, in connection vrith the financing of the cost of the improvemee•nts, it will be necessary for
the City lk0 refund the outstanding bonds of an issue of Sewer Revenue Bonds dated January 1, 1946, there
being $73,COO in principal amount of said bonds outstanding, an issue of Water Revenue Bonds dated
December 1, 1948, there being $646,000 in principal amount of said bonds outstanding, and an issue of VLA,
Water Revenue Bonds dated December 1, 1952, there being $431,000 in principal amount of said bonds
outstanding; and
WHEREAS, as the initial step in said undertaking, it is necessary for the City to establish rates
to be charged for the services of the System;
NOW, THEREFORE, BE IT ORDAINED By the City Council of the City of Fayetteville, Arkansas:
Section 1. That the -following monthly rates be, and they are hereby, fixed as rates to be charged
for water furnished by the Waterworks System of the City of Fayetteville, Arkansas, whidh rates the
Council finds and declares to be reasonable and necessary minimum rates to be charged:
W
Monthly Treated Water Rates-.(ScheduleaA)
The Water•usage of each customer shall he determined each month by meter measurement and the amount
to be paid for water usage b.T each customer shall be computed on the basis of the following schedule of
rates:
For the first 1,000 gallons
of water consumption per month
or portion thereof
For the next 29.,000 gallons. _ .r
of water consumption per month
For the next 270,000 gallons
of water consumption per month
For b�ke-aexi 300,000 gallons
of water consumption per month
$1.65
L0.75 per 1,000 gallons
0.55 per 1y000 gallons
0.25 per 1,000 gallons
In addition to the above, each customer shall pay a monthly meter service charge in accordance with
the following schedule:
Monthly Meter3Service Charge (Schedule B)
Inside City Outside City
Limtso Limits
5/811 Meter
$ None
$ 1.00
3/4" Meter
0.75
1.75
1" Meter
1.50
2.50
1 1/4" Meter
•2.25
3.25
1 1/2" Meter
3.00
4.00
2" ••' Meter
6.00
7.00
2 1/211. Meter
11.00
12.00
3" " Meter
14.00
151500
4" Meter
22.00
23.00
6"'•'Meter
45.`•00
46.00
8" Meter
70.00
71.00
10" Meter
95.00
96.00
The meter service charge shall be applied to both City and privately owned meters.
The City shall operate and maintain all meters.
All bills shall
be computed by adding
the applicable meter service charge to the amount determined
to be due for water
usage under the above
set forth schedule.
The monthly minimum charge shall be $1.65
plus the applicable
meter service charge.
Sales tax shall be
added to the billlsoccomputed.
Monthly Raw-*ater RateR (Schedule C)
Raw watet may be sold from force mains when metered. The rates shall be 25¢ per 1,000 gallons or
fraction thereof. The above set forth monthly meter service charges shall he applicable to raw water
customers and all bills shall be computed by adding the applicable meter service charge to the amount
determined to be due for raw water usage pursuant to the rate charged for raw water herein specified.
The monthly minimum for raw water, including the applicable meter service charge, shall be $1.50.
Monthly Stand -By Fire Protection Service Charge (Schedule D)
Charges for unmetered service connections for stand-by fire protection shall be equal to the meter
service charge applicable to the stand-by line size.
Nonthky Fire Hydrant Charge (Schedule E)
Charges for fire hydrants pressured by the City distribution system shall be $2.00 per month
Section 2. (a) That inasmuch as the use of the sewer is directly related to the use of water by a
partidular customer served by bothewater and sewer, it is hereby determined that rates for sewer services
are more equitable and economical to the customer and the City when based upon the water consumption of a
particular customer. •
(b) That the following monthly rates he, and they are hereby, fixed as rates to be charged for sewer
services, which rates the Council finds and hereby declares to bernaasonable and necessary minimum rates
to be charged:
All monthly sewer charges shall be based upon'water bills. All customers shall be classified .as ei
(1) domestic or (2) commercial and industrial customers, depending upon whether the water consumption of
the individual customer is used for domestic or commercial or industrial purposes.
(1) In the case of domestic customers, the average monthly water consumption for the preceding m
months of December, January,and February shall be computed seperately for each customer, and a uniform
monthly charge for each customer shall be determined byyapplying the following schedule of rates to said
average monthly water consumption. The sewer service charges for domestic customers shall be computed
annually for a twelve (12) months' period beginning with the billing for the month of the year 1958 when
the rates fixed hereby go into effect as hereinafter provided and beginning with the billing for the
month of April of each year thereafter. In the case of a domestic user for which a uniform monthly char
has been established who shall move to a new location the some uniform monthly charge shall apply at the
nen ocation. In the case of New domestic users, the following schedule of rates shall be applied to
monthly water usage until an average monthly water consumption has been established in the manner above
specified.
•
•
OM
303
(2) In the case of commercial and industrial customers, the monthly sewer charge
shall be determined by applying the following schedule of rates to the monthly water
usage of such customers; except that in the case of a commercial or industrial customer
where an appreciable percentage of total water consumption is so used that it does not
reach the sanitary sewer, then a determination shall be made by the Water and Sewer
Superintendent of the percentage of total water consumption which does reach the ssn-
itary sewer, and the following schedule of rates shall be applied to that percentage
only.
Schedule of Sewer Rates
Class 1. All domestic and commercial and industrial customers which are now being
served by t e existing sewer system or which, if connected,. will be served by the ex-
isting sewer system, shall be billed 50% of the amount that would be paid by applic-
ation of the monthly water rates heretofore set forth in Section 1 of this ordinance
to the water consumption of each customer as above determined (it being understood that
the monthly meter service charges and fire protection service charges shall not be app-
licable).
Class 2. All domestic and commercial and industrial cust®me,:s which will,be ser
by°the extension to be oonstructe'd-to'the* existing' sewer"s1ystem shall be billed 100% -
of th'e amount that would be paid by application of the monthly water rates heretofore
set forth in Section 1 of this ordinance to the water consumption of each customer as
above determined (it being understood that the monthly meter service charges and fire
protection service charges shall not be applicable). 1.
Seperate classes ave b on fx�d �lowin�^reaspn�,��the Con h
found (after complete nves gaon an consi�ra ion o a r inenC us iiica ion
for the classifications made: The customers and the predecessor property owners in
Class 1 have theretofore paid the cost of construction of the existing sewer system,
either by improvement district or otherwise, whereas the customers in Class 2 have
contributed nothing to the cost of the existing system and in addition to receiving
benefits from the use of the existing system will receive the maximum benefits from
the proposed extensions to the system. In view of this, the Council has determined
a higher charge should be mede to the customers to be served exclusively by the pro-
posed extensions.
Section 3. That meters shall be installed at each water connection and all bills
for wa e� r services shall be rendered in the net amount due. Water bills are due and
payable on or before the tenth day of the month immediately following the date of the
last meter realing and/or services rendered. Water bills not paid on or before the due
date shall be considered delinquent and an additional charge of 10% of the total bill
shall be added, and if any bill is not paid within thirty dEys after the bill'shall be
due, service shall be disconnected.
Section 4. That all bills for sewer service shall be rendered monthly. Under the
provisions of Ark. Stats. 19-4113, a lien is fixed upon the land .for any unpaid sewer
charge, even though the use of the sewer system is by a tenant or lessee instead of
the owner. Sewer bills are due and payable on or before the tenth day of the month
immediately following the date of the last water meter reading and/or services rendered.
Sewer bills not paid on or before the due date shall be considered delinquent and an
additional charge of 10% of the total bill shall be added, and if any bill is not paid
within thirty days after the bill shall be due, suit shall be brought to enforce the
lien and collect the amount due together with the expenses of collection and a reason-
able attorney's fee.
Section 5. That in the event Waterworks and Sewer Revenue Bonds to refund the
outstanding Sewer and outstanding Water Revenue Bonds of the City and to construct the
improvements are issued, the City covenants and agrees that the rate -herein established
shall never be reduced, while any Waterworks and Sewer Revenue Bonds are outstanding,
unless there is obtained from an independent certified public accountant a certificate
that the net revenue s -of the System for each of the two preceding fiscal years (net
revenues being defined as gross .revenues less the reasonable expenses of oneration and
maintanance of the System, including all expense items properly attributable to oper-
ation and maintenance under generally accepted accounting practices applicable to muni-
cipal waterworks and sewer systems) were equal to the amount required to be set aside
for a depreciation fund by the.ordinance authorizing the issuance of "Naterworks and
Sevier Revenue Bonds plus at least 150% of the maximum amount that will become due in
any year for principal, interest and service charges on all Waterworks and Sewer Revenue
Bonds then outstanding, together with a written opinion from said independent certified
public accountant that the proposed new rates will produce sufficient net revenue, as
above defined, to make the required deposit into the said depreciation fund and to leave
a balance equal to at least 150% of the maximum amount that will become due in any ,year
for principal, interest and service charges on all Waterworks and Sewer Revenue Bonds
then outstanding.
Section 6. That the
provisions
of this
ordinance are separable and
if a section,
phrase or provision shall
be declared
invalid,
such declaration shall not
affect the
validity of the remainder
of the ordinance.
Section 7. That all ordinances and resolutions and parts thereof in conflict
rewith are hereby repealed to the extent of such conflict.
Section 8. That the rates fixed by this ordinance shall go into effect on the
first day of July, 1958 so that the first bills will be submitted and will be due and
payable between August 1 and August 10, 1958.
Passed: this 18th day of April , 1958.
Approved
304
d Ord.
cussed
�1
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The Mayor then announced that attention should now be given to an ordinance authorizing
the issuance of Waterworks and Sewer Revenue Bonds for the purpose of refunding certain
outstanding Water Revenue Bonds and Sewer Revenue Bonds, and for financing the cost of
constructing extensions, betterments and improvements to the Waterworks and Sewer Syster
Alderman Lunsford moved that the proposed Waterworks and Sewer Revenue Bond Ordinance
be placed on the first reading.
The motion wasseconded by Alderman Burgin and passed unanimously.
The City Attorney then read a proposed ordinance entitled, "AN ORDINANCE AUTHORIZING THE
ISSUANCE OF WATERWORKS AND SEWER REVENUE:BONDS BY THE CITY OF FAYETTEVILLE,' ARKANSAS,
FOR THE PURPOSE OF REFUNDING CERTAIN OUTSTANDING SERVER REVENUE BONDS AND ':NATER REVENUE
BONDS AND FOR THE PURPOSE OF CONSTRUCTING EXTENSIONS, BETTERMENTS AND IMPROVEM,EAITS TO
THE WATERWORKS AND SEWER SYSTEM; MAKING PLEDGES AND COVENANTS TO INSURE THE PAYMENT OF
THE BONDS; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AAT EMERGENCY",
Alderman Burgin moved that the rule requiring the reading of an ordinance in full on
three differnet days be suspended and that the ordinance be placed on its second readi
The motion was seconded by Alderman Smith and passed unanimously, whereupon the Mayor
declared the motion passed and the rule suspended.
The City Attorney then read the ordinance for its second time.
Alderman Williams, seconded by Alderman Lunsford, moved that the rule requireing the
reading of an ordinance in full on three differ.entdays be again suspended and that the
ordinance be placed on its third and final reading.
The Mayor put the question on the adoption of the motion and the following vote was
recorded: "Aye" Barnhart, Smith, Burgin, Lunsford, Williams, Hatfield, Kent, and Walke:
"Nay" None.
The Mayor declared that at least two-thirds of all members elected to the Council havin
voted in favor of the motion to suspend the rule, the motion was carried and the rule
suspended.
The City Attorney then read the ordinance for the third and last time.
ThecMayor;thern declared the ordinance open for duscussion. After a brief discussion,
the Mayor asked the question, "Shall the Ordinance pass"?
Upon roll call the following vote was -recorded, "Aye" Barnhart, Smith, Burgin, Lunsford.;
Williams, Hatfield, Kent, and Walker.
"Nay" None.
There being(e:ight "Ayest° and no "Nays"', the Mayor declared the Ordinance passed
Alderman Williams moved that the emergency clause
The motion wasseconded by Alderman Smith and upon
recorded, "Aye" Barnhart, Smith, Burgin, Lunsford,
Nay" None.
There beino eight "Ayes" and no "Nays", the Mayor
The Mayor signed the ordinance which was attested
the seal of the City. The Ordinance was given No.
be adopted .
roll call the following vote was
Williams, Hatfield, Kent, and Walker,
declared the emergency clause adopted,
by the City Clerk and impressed with
1166.
J
ORDINANCE N0. 1166
Bond
rdinance AN ORDINA NCE AUTIiOi3IZING THE ISSUANCE OF WATERWORKS AND SEWER REVENUE
or p BONDS BY THE CITY OF rFAYETTEVILLE, ARKANSAS FOR THE PURPOSE OF REFUNDING
rd. No. CERTAIN OUTSTANDING SEWER REVENUE BONDS AND FOR THE PURPOSE OF CONSTRUCTING
116bEXTENSIONS, BETTERMENTS AND IMPROVEMENTS TO THE WATERWORKS AND SEWER SYSTEM;
�1 MAKING PLEDGES AND COVENANTS TO INSURE THE PAYMENT OF THE BONDS; PRESCRIBING
OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY.
WHEREAS the Waterworks and Sewer Systems presently serving the City of Fayettevil
Arkansas (udhich are and are to be operated as,one system and which will be hereipafter
referred to as the "System") are inadequate for the needs of the inhabitants of the Ci
and
NVHEREAS the City Council has determined that the System should be improved and ex-
tended and has had prepared by duly oualified consulting engineers preliminary reports
and estimates of cost of the needed extensions, betterments and improvements, which re-
ports are on file with the City Clerk and to which reference may be made by any inter-
ested person, and which in general call for the following extensions, betterments and
improvements: Construction of a dam on the White River, a pumping station, 20" or
],arger pipe line from d n ad i io o e fii1 e la • e tens'o b t e
•ments and improvements Lo e e 3.o sewage ea me
ities (which will be hereinafter referred to as the "improvements"), all at an estimate,
cost of $4,150,000, including engineering, legal and other necessary espenses incidenta:
to the construction of the improvements and to the issuance of revenue bonds; and
WHEREAS the City does not have funds available to undertake and complete the imp-
rovements, but can obtain the same by the issuance of revenue bonds; and
WHEREAS in connection with the financing of the cost of the improvements, it will
be necessary for the City to refund the outstanding bonds of an issue of Sewer Revenue
Bonds dated January 1, 1946, there being $73,000 in principal amount of said bonds out-
standing,an.issue of Water Revenue Bonds dated December 1, 19480 there being $646,000
in principal amount of said bonds outstanding, and an issue of Water Revenue Bonds
dated December 1, 1952, there being $$431,000 in principal amount of said bonds outstand
ing;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Fayetteville,
Arkansas:
Section 1. That the necessary steps be taken to refund the outstanding bonds of
the Sewer -nue Bond Issue dated January 10 1946, the outstanding bonds of the
?Nater Revenue Bond Issue dated December 1, 1948, and the outstanding bonds of the
Water Revenue Bond Issue dated December 19 1952, and that the above described improve-
ments to the System be constructed.
Section 2. That the City.Counell hereby finds and declares that the period of
useful ness of the System after the completion of the improvements will be more than
forty (40) •years, erhich is longer than the term of the proposed revenue bonds.
•
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Ordinan
i 11
•
305
No. Section 3. That under the authority of the Constitution and laws of the State of
Arkansas, particularly Act NQ• 131 of the Acts of Arkansas of 1933, as amended, Act No.
132 of the Actsodf Arkansasodf 1933, and Act N4. 297 of the Acts of Arkansas of 1937,
as amended, and the decision of the Supreme Court�of the State of Arkansas in the case
of City of Harrison v. Braswell, 209 Ark. 1094, Waterworks and Sewer Refunding and
C'onstrucTion7evenue Bonds of Ehe City of Fayetteville, Arkansas are hereby authorized
and ordered sold in the total principal amount of $5,300,000, the proceeds of the sale
of vhich are necessary to provide funds to refund the outstanding bonds of the City's
Sewer Revenue Bond Issue dated January 1, 1946, the City's Water Revenue Bond Issue
dated December 1, 1948, and the City's Water Revenue Bond Issue dated December 1, 1952,
and to pay the cost of constructing the improvements, including engineering, legao and
other necessary expenses incidental thereto and to the issuance of the bonds and includ
ing a sum for interest during the construction period. The bonds shall be sold at
public sale, shall be dated June 1, 1958, Ohall bear interest at such rate or rates as
are fixed in the bid accepted at the sale, with the interest on that portion of the
principal amount of said bonds issued for the purpose of refunding the outstanding
January 1,'1946, December 1, 1948 and. December 1, 1952 bonds not to exceed the interest
borne by said outstanding bonds., with the interest to be payable semi-annually on June
1 and December 1 of each year commencing December 1, 1958. The interest shall be evi-
denced by interest coupons and the principal and interest shall be payable in lawful
money of the United States of America upon presentation of the bond or proper coupon
at the office of the Paying Agent designated by the purchaser. The bonds shall be ne-
gotiable coupon bonds payable to bearer and shall mature on December 1 of each year as
follows, but shall be callable for payment prior to maturity as hereinafter set forth:
YEAR AMOUNT
1959 $ 80,000
1960 811000
1961 83,000
1962 862000
1963 89,000
1964 91,000
1965 94,000
1966_ 97,000
1967 1002000
1968 103,000
1969 107,000
1970 111,000
1971 115,000
1972 120,000
1973 126,000
1974 132,000
1975 1382000
1976 144,000
1977 151,000
1978 158,000
1979 1653000
1980 172,000
1981 1809000
1982 188,000
1983 197,000
1984 206,000
1985 216,000
1986 225,000
1987 2362000
1988 247,000
1989 258,000
1990 269,000
1991 2822000
1992 253,000
The Mayor shall prepare or cause to be prepared a notice of public sale of the
bonds and shall publish the same in such newspaper or other publications in and out-
side of the State of Arkansas as shall be determined by him to be in the best interest
of the City. In addition to the usual provisions, the notice shall provide that the
purchaser may name the Trustee and Paying Agent and that all expenses of the issue,
including, but not limited to, the printing of the bonds, the Trustee's fee and the fee
of Bond counsel, will be paid by the City's fiscal agent; that the purchaser shall have
the privilege of converting the bonds to an issue bearing a lower rate or rates of
interest, with the conversion to be in accordance with the Universal Bond Values Tables
and upon such terms that the City receive no less and pay no more than it m uld receive
andpay if the bonds were not converted, and upon such terms that the average rate of th
converted bonds is not more than 3/4 of 1% less than the average ratio set forth in the
cannot be shortened by more than
reservesthe right to reject any
bid of the
purchaser, and
that
the average
maturity
12 months;
and the Mayor
shall
specify that
the City
and all bids.
Section 4. That the terms of the sale of the bonds, the conversion thereof, if
any, and the designation of the Trustee and Paying Agent shall be submitted to the
City Council for approval. The bonds, so far as possible, shall be in the denomination
of $1,000 each, shall be numbered consecutively beginning with No. 1 M d in its reso-
lution.the City Council shall set forth a schedule reflecting the maturity of the
bonds in numerical order on December 1 of each of the years 1959 to 1992, inclusive, wh
ich schedule shall reflect the yearly principal maturities, the semi-annual interest
requirements and the total requirements. Thereafter thebonds of the issue so approved
shall be executed on behalf of the City by the Mayor and(.City Clerk and ch all have im-
pressed thereon the seal of the City. Interest coupons attached to each of said bonds
may have the facsimile signature of the Mayor lithographed"or printed thereon, which
signature shall have the sane force and effect as if he had personally signed each of
said coupons. The bonds, together with interest thereon, shall be payable solely out
of the Waterworks and Sewer Revenue Bond Fund, as hereinafter set forth, and shall be
a valid claim of the holders thereof only against such fund, and the amount of revenues
pledged to such fund, which amount of said revenues is hereby pledged and mortgaged for
the equal and ratable payment of the bonds of this Issue and shall be used for no
other purpose than to pay the principal of and interest on said bonds and the Paying
Agent's fees, except as hereinafter specifically provided. The bonds and interest
x306
.1166 thereon shall not constitute an indebtednesscof the City wtthin any constitutional or
nt, statutory limitation.
Section 5. That the bonds and coupons shall be in substantially the following form
and the Mayor and City Clerk are hereby expressly authorized and directed to make all
recitals contained therein: _
UNITED STATES OF AMERICA
STATE OF ARKANSAS
COUNTY OF WASHINGTON
CITY OF FAYETTEVILLE
f WATERWORKS AND SEINER REFUNDING AND
CONSTRUCTION REVENUE BOND
No.
KNOW ALL MEN BY THESE PRESENTS:
That the City of Fayetteville, County of Washington, and State of Arkansas, ack-
nowledges itself to owe and for value 'received hereby promises to pay to bearer solely
from the special fund provided as hereinafter set forth the principal sum of
DOLLARS
in lawful money of the United States of 7Ferica on the first day of December, 19 ,
and to pay solely from said special fund interest hereon at the rate of
per cent ( %) per annum, from date, semi-annually on the first days of June and
December, commencing December 1, 1958, upon presentation and surrender of the annexed
coupons as they severally become due. Both principal and interest of this revenue
bond are made payable at
This bond is one of a series of ( )
revenue bonds, aggregating TF— ),
dated June 1, 1958, numbered from one 1 to —T—T
inclusive, all of like tenor and effect, except as to number, denominat on, rate of
interest and maturity, and are issued for the purpose of refunding the outstanding
Sewer Revenue Bonds of an issue of the City dated January 1, 1946, Water Revenue Bonds
of an issue of the City dated December 1, 1948, Water Revenue Bonds of an issue of the
City dated December 11 1952, and for the purpose of providing for the payment of the
cost of constructing extensions, betterments and improvements to the Watervo rks and
Sewer Systems (which are and are to be operated as one system and which will be here-
inafter referred to as the "System"),
This bond and the series of vdzich it forms a part are issued pursuant to and in
full compliance with the.Constitution and laws of the State of Arkansas, particularly
Act.No. 131 of the Acts of Arkansas of 1933, as amended, Act No. 132 of the Acts of
Arkansas of 1933, Act No. 297 of the Acts of Arkansas of 1937, as amended, and the de-
cision of the Supreme Court of the .State of Arkansas in City of Harrison v. Braswell,
209 Ark. 1094, and pursuant to an ordinance of the City Council oi'7F`siT'y o aye teville
Arkansas duly adopted and approved, and do not constitute an indebtedness of the City .
of Fayetteville, Withineanys.con'stitutiornaltor statutory'limitati'on. -Said'bonds-''aremnot.
general-'obligationsr.ofithe City of Fayetteville, but are special obligations payable
solely from an amount of the revenues derived from the operation of the System, which
amount has-been:duly,.setAide and:pledged as..A special fund�for that purpose and id-
entified as the Waterworks and Sewer Revenue Bond Fund, created by Ordinance No.
of the City of Fayetteville, Arkansas duly passed on the day of , 19580
under which this bond is authorized to be issued. The City of Fayettevi le as fixed
and has covenanted and agreed to maintain rates for water and sewer services rich shall
be sufficient at all times to provide for the proper and reasonable expenses of operat-
ion and maintenance of the System, for the payment of the principal of and interest on
the bonds as they mature, and the Paying Agent's fees, and to make adequate provision
for the depreciation of the System.
There is a statutory mortgage lien upon the Waterworks, which shall exist in favor
of the holders of the bonds, and each of them, and in favor of the holdersof the coupon
attached to the bonds, and the Waterworks shall remain subject to such statutory Mort-
gage lien until payment in full of the interest on and principal of the bonds, provided
however, that such statutory mortgage lien shall be interpreted according to the decis-
ion of the Supreme Court of the State of Arkansas in City of Harrison v. Braswell, supr
This bond is expressly made negotiable under the laws of the State of Arkansas andl
is issued with the intent that the laws of the State of Arkansas shall govern the Const-
ruction thereof.
The bonds of this issue shall be callable for payment prior to maturity in inverse
numerical order at par and accrued interest on an y interest paying paying date from
the proceeds of the sale of the bonds not required for the completion of the improve-
ments and from surplus.revenues derived from the operation of the System. After June 1,
1963, the bonds shall be callable for payment prior to maturity in inverse numerical
order on any interest paying date with funds from any source at the principal amount_
of the bonds to be redeemed, together with accrued interest thereon to the date of re-
demption, plus a premium of 22 7o if redeemed on or rior to June 1, 19642 2% if red-
,pey�nd tt}�§y�f 'N*, f% yfr' r u here, 1965, 12/ if redeemed thereafter and on or
d
� pr r rie 1, , a if re e Med hereafter and on or prior to June 1, 1968, and
no premium if redeemed thereafter. Notice of the call for redemption shall be pub-
lished once a week for two weeks before the date for such redemption in a newspaper
published in the City of Little Rock, Arkansas and having a general circulation through-
out the State of Arkansas, giving the number and maturity of each bond being called,
the first publication to be at least fifteen (15) days prior to the redemption date,
and after the date fixed for redemption, each bond so called shall cease to bear inter-
est, provided funds for its payment are on deposit with the Paying Agent at that time. •
This bond shall not be valid until it shall have been authenticated by the certi-
ficate hereon duly signed by
It is hereby certified, recited and declared that all acts, conditions and things
required to exist, happen and be performed, precedent to and in the issuance of this
bond, have existed, have happened and have been performed in due time, form and manner,
307
as required by law; that the indebtedness represented by this.bond and the issue of
• Ordina ce which it forms a part does not exceed any constitutional or statutory limitation; and
No. 1166 that sufficient of the income and revenue which is deemed to be derived from the op -
(Conti.) eration of the 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.
IN WITNESS WHEREOF, the City of Fayetteville, Arkansas, by its City Council, has
caused this bond to be signed by the Mayor and City Clerk thereof and sealed with the
corporate seal of said City, and has caused the coupons hereto attached to be executed
by the facsimile signature of said Mayor, all as of the first day of June, 1958.
(/'City Clerk
(SEAL)
(Form of Coupon)
No.
June
On the first'day of December, 19 , the City
Arkansas, unless the bond to which this coupon is
promises to pay to bearer, solely out of the funds
coupon is attached
CITY /OFF.. FAAYYETTTE//VILLE, ARKANSAS
BY iF! / Y . O /mss_ _ , e7
a
of Fayetteville, Washington County,
attached is paid prior thereto, hereb
specified in the bond to which this
DOLLARS
in lawful money of the United States of America at the office of
, being six (6) months' interest then due on its
Waterworks and Sewer Refunding and Construction Revenue Bond, dated June 1, 1958, and
numbered
CITY OF FAYET.TEVILLE, ARKANSAS
Lan
On each bond shall appear the following
CERTIFICATE
hereby certifies
that this
is one of a series
of bonds described herein aggregating
, numbered
from 1 to
, inclusive, all of like tenor and
effect except as
to number,
denomination, rate
of interest and maturity.
By
1958
Section 6. (a) That the City has heretofore fixed rates to be charged for the ser-
vices o77TTeFTystem by Ordinance No. 1165 passed and approved on the lath day of April,
1958, to which reference is hereby made �`or the said rates and other provisions of said
ordinance pertaining thereto, which schedule of rates and provisions are hereby confirm
ed and continued.
(b) That in the event Waterworks and Sewer Revenue Bonds to refund the outstandin
Sewer and outstanding Water Revenue Bonds of the City and to construct the improvements
are issued, the City covenants and agrees that the rates establisheed by said Ordinance
No. 1165 shall never be reduced, while any Watervo rks and Sewer Revenue Bonds are out-
standing, unless there is obtained from an independent certified public accountant a
certificate that the net revenues of the System for each of the two preceding fiscal
years (net revenues being defined as gross revenues less the reasonable expenses of op-
eration and maintenance of the System, including all expense items properly attribut-
able to operation and maintenance under generally accepted accounting practices appli-
cable to municipal waterworks and sewer systems) were equal to the amount required to
be set aside for a depreciation fund by the ordinance authorizing the issuance of Water
works and Sewer Revenue Bonds plus at least 150% of the maximum amount that will become
due in any year for principal, interest and service charges on all Water vo rks and Sewe
Revenue Bonds then outstanding, together vd th a written opinion from said indenendent
certified public accountant that the proposed new rates will produce sufficient net
revenue, as above defined, to make the required deposit into the said depreciation fund
and to leave a balance equal to at least 150% of the maximum amount that will become
due in any year for principal, interest and service charges on all Waterworks and Sewer
Revenue Bonds then outstanding, And, the City covenants and agrees that said rates she
when necessary, from time to time be increased in an amount sufficient to provide total
revenues for the hereinabove set forth requirements and to maintain all funds provided
for herein.
Section 7. That none of the facilities or services afforded by the System shall b
• furnisT7e'T w'=out a charge being made therefor. In the event that the City or and dep-
artment, atrency or instrumentality thereof shall avail itself of the facilities and ser
vices afforded by the System, the reasonable value of the services or facilities so
U
3.08 -
Mrd. afforded shall be charged against the City or such department, agency or instrumentalit'
:). 1166 and shall be paid for as the charges therefor accrue. The revenue so received shall be
�
(Cont.) deemed to be revenue derived from the operation of the System and shall be used and Seel •
ounted for in the same manner as any other revenue derived from the operation of the sa'd
System, provided, 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.
Section S. That the City Treasurer shall be custodian of the gross revenues der-
eved from the operation of the System and shall give bond for the faithful discharge of
his duties as such custodian. The amount of the bond shall be $25,000.00 and shall be
approved by the Trustee. From and after the delivery of any bonds issued under the pro
visions of this ordinance the System shall be continuously operated as a revenue prod-
ucing undertaking. All moneys received by the Treasurer shall be deposited by him in
such depository or depositories for the City as may be lawfully designated from time to
time by the City Council, subiect, however, to the giving of security as now or as here
after may be required by law, and provided that such depository or depositories shall
hold membership in the Federal Deposit Insurance Corporation. All deposits shall be in
the name of the City and shall be so designated as to indicate the particular fund to
which the revenues belong. Any deposit in excess of the amount secured by.the Federal
Deposit Insurance Corporation shall be secured by bond .or other direct or fully guarant
eed obligations of the United States.
Section 9. Waterworks and Sewer Fund. All revenues derived from the operation of
the System,nclud ng the herein authorized extensions, betterments and improvements
after their completion, shall be paid into a special fund, which is hereby created and
designated "Waterworks and Sewer Fund". Such revenues so deposited in the Waterworks
and Sewer Fund are hereby pledged and shall be applied to the payment of the reasonable
and necessary expenses of operation and maintenance.of the System, to the payment of th
principal of and interest on the bonds of this issue, and to the providing of an adequa
depreciation fund, and such other funds as are hereinafter set forth.
Section 10. Waterworks and Sewer Operation and Maintenance Fund. There shall be
paid by the Treasurer from the !`aterworks and Sewer Fund into a fund which is hereby
created and designated "i'Psterworks and Sewer Operation and Maintenance Fund", beginning
on the first business day of the month immediately following the month„in which the bon
are delivered and continuing on the first business day of each month thereafter'while
any of the bonds of this issue shall be outstanding, an amount sufficient to pay the
reasonable and necessary monthly expenses of operation, repair and maintenance of the
System for such month and from which disbursements shall be made only for those purpose
Fixed annual charges such as insurance premiums and the cost of major repair and main-
tenance expenses may be computed and set up on an annual basis and one -twelfth (1/12)
of the amount thereof may be paid into the Waterworks and Sewer Operation and Mainten-
ance Fund each month.
If in any month for any reason there shall be a failure to transfer and pay the
required amount into said fund, the amount of any deficiency shall be added to the am-
ount otherwise required to be transferred and paid into .said fund in the next succeeding
month. If in any fiscal year a surplus shall be accumulated in the Waterworks and Sawa
Operation and Maintenance Fund over and above the amount which shall be necessary to
defray the reasonable and necessary cost of operation, repair and maintenance of the
System during the remainder of the then current fiscal year and the next ensuing fiscal
year, such surplus may be transferred and deposited in the Watervo rks and Sewer Revenue
Bond Fund (hereinafter created) or to the Waterworks and Sewer Depreciation Fund
(hereinafter created) as the City may designate; provided, however, that any such tran-
sfer into the Waterworks and Sewer Revenue Bond Fund shall be in addition to all other
payments required to be made into said fund.
Section 11. Waterworks and Sewer Revenue Bond Fund.
(a) After ma ing he monthly deposit in the Waterworks and Sewer Operation and
Maintenance Fund, the Treasurer shall transfer and pay from the Waterworks and Sewer
Fund into a special fund, which is hereby created and designated "Waterworks and Sever
Revenue Bond Fund” the sums in the amounts and at the times hereinafter stated in sub-
section (b) for the purpose of providing funds for the payment of the principal of and
interest on the bonds herein authorized and the Paying Agent's fees, as they mature acc-
ording to a schedule to be set up and approved by the City Council after the terms of
the sale of the bonds and the convers on thereof, i.# any, have been approved by the
City Council, and as a reserve for Conti"gencies.
(b) That there shall be paid by the Treasurer from the Waterworks and Sewer Fund
into the Waterworks and Sewer Revenue Bond Fund, beginning on the first business day of
the month immediately following the month in which the bonds are delivered, and contin-
uing on the first business day of each month thereafter until all outstanding bonds of
this issue with interest thereon have been paid in full, or provision made for such
payment, a sum,equal to one-fifth (1/5) of the next installment of interest and one-
tenth (1/10) of the next installment of principal, and an amount sufficient to pro-
vide for the Paying Agent's fees, on all othstanding bonds; provided, however, that when
there shall have been accumulated in said Waterworks and -Sewer Revenue Bond Fund a
reserve for contingencies in the amount of $300,000, so long as said reserve for contin�
gencies is maintaincd'in that amount the monthly payments maybe reduced to one-sixth
(1/6) of the next installment of interest and one -twelfth (1/12) of the next installment
of principal, and an amount sufficient to provide for the Paying Agent's fees, on all
outstanding bonds.
(c) If the revenues of the Waterworks and Sewer System are insufficient to make
the required payment on the first business day of the following month into the Waterwor
and Sewer Revenue Bond Fund, then the amount of any such deficiency in the payment made
shall be added to the amount otherwise required to be paid into the Waterworks and Sewe
Revenue Bond Fund on the first business day of the next month.
(d) If for any reason the Treasurer shall fail at any time to make any of the re-
quired payments into the Waterworks and Sewer Revenue Bond Fund, any sums then held as' •
a reserve for contingencies shall be used to the extent necessary in the payment of the
principal of and interest on the bonds, but such reserve shall be reimbursed from the
Waterworks and Sewer Fund before any of the moneys in the Waterworks and Sewer Fund shall
be used for any other purpose except for making the payments hereinabove required to bel
made into the Waterworks and Sewer Operation and Maintenance Fund and into the Waterworks
and Sewer Revenue Bond Fund. Said reserve for contingencies shall be used solely as
herein provided.
309'
ordinance
No. 1166
(e) When the moneys held in the Watervo rks and Sewer Revenue Bond Fund, including
(Conti.)
the reserve for contingencies, shall be and remain sufficient to pay the principal of
•
and interest on all the bonds then outstanding, and the Paying Agents fees, the
Treasurer shall not be obliged to make any further payments into the said Waterworks
and Sewer Revenue Bond Fund.
(f) All moneys in the Waterworks and Sewer Revenue Bond Fund shall be used solely
for the purpose of paying the principal of and interest on the bonds of this issue and
the Paying Agents fees, except as herein specifically provided. If a surplus shall
exist in the Waterworks and Sewer Revenue Bond Fund over and above the amount required
for making all principal and interest payments durin[r the succeeding twelve (12) months
on all outstanding bonds and the Paying Agent's fees:and over and above the reserve for
contingencies, such surplus may be applied only to the payment of the principal of and
interest on any bonds that may be called for redemption prior to maturity or for the
construction of extensions, betterments and improvements to the System.
(g) It shall be the duty if the Treasurer to withdraw from the Watervo rks and
Sewer Revenue Bond Fund at least ten (10) 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 bond or coupon for the sole purpose of paying the same, together
with the Paving Agents fee, and no withdrawal of funds from said Waterworks and Sewer
Revenue Bond Fund shall be made for any other purpose except as otherwise authorized in
this ordinance. Such deposit shall be at the sole risk of the City and shall not oper-
ate as a payment of the bonds or coupons until so applied.
(h) The bonds of this issue shall be specifically secured by a pledge of all the
revenues required to be placed into the Watervo rks and Sewer Revenue Bond Fund. Said
pledge in favor of the bonds is hereby irrevocably made according to the terms of this
ordinance, and the City and its officers and employees shall execute, perform and carry
out the terms thereof in strict conformity with the provisions of this ordinance.
Section 12. Waterwo rks and Sewer Depreciation Fund. After making the required
payments into the Waterworks and Sewer Operation and Maintenance Fund and the Waterworks
and Sewer Revenue Bond Fund, there shall be paid by the Treasurer from. the 'Natervorks
and Sewer Fund into a fund, which is hereby created and designated "Watervo rks and
Sewer Depreciation Fund", on the first business day of the month immediately following
the month in vhiich the bonds are delivered and continuing on the first business day of
each month thereafter while any of the bonds of this issue are outstanding, 30 of the
revenues of the Waterworks and Sewer System ivrich remain after the required payment into
the Waterworks and Sewer Operation and Maintenance Fund has been made. The moneys in
the Waterworks and Sewer Depreciation Fund shall be used solely for the purpose of payir
the cost of replacements made necessary by the depreciation of the Waterworks and Sewer
System.
If In any fiscal year a surplus shall be accumulated in the Waterworks and Sevier
Depreciation Fund over and above the amount necessary to defray the cost of the probab
replacements during the then current fiscal year, and the next ensuing fiscal year, su
surplus may be transferred and paid into the Waterworks and Sewer Revenue Bond Fund;
provided however, that such payments into the Waterworks and Sevier Revenue Bond Fund
shall be in addition to all other payments hereinbefore required to be made into the
said Waterworks and Sewer Revenue Bond Fund,
Section 13. That any surplus in the Watervo rks and Sewer Fund after making full
proviioTsn for the other funds herein provided shall be used as follows:
(a) There shall be paid from the Waterworks and Sewer Fund into a special account
which is hereby created and designated "Waterworks and Sewer Emergency Account", beginn-
ing on the first• business day of'Nthe month immediately following -the month in which the
bonds are delivered and continuing on the first business day of each -month thereafter ,
the sum of $1,250.00, which deposits shall continue until the principal amount in the
said Emergency Account shall equal $15O,00O.00. If in any month for any reason there
shall be a failure to transfer.and pay the required amount into said Emergency Account,
the amount of the deficiency shall be added to the amount otherwise required to be
.transferred and paid into said Emergency Account in the next succeeding month. Moneys
in the Emergency Account shall be used to the extent necessary to meet any emergency
arising out of or affecting the continuous operation of the System as a revenue producii
undertaking for which there are no other funds available or for the preventing of a de-
fault in the payment of principal and interest or performing any covenant of the City
herein contained for which there are no other funds available. However, in the event
of any such use, the said Emergency Account shall be reimbursed from the Watervo rks and
Sewer Fund from the first moneys therein available therefor. The said Emergency Account
shall be maintained in at'least the amount of 41150,000.00 while any bonds of this issue
.are outstanding. Any surplus in excess of the 0150,000.O0 may be transferred to the
Waterworks and Sewer Revenue Bond Fund,.but any such transfer shall be in addition to
all other payments required to be made into said Waterworks and Sewer Revenue Bond Fund,
(b) After complying fully with the provisions of sub -paragraph (a) of this Sectiol
13, the remaining revenues may only be used, at the option of the City," -'or calling bon(
for payment prior to maturity in accordance with the provisions herein set forth for ca:
and payment prior to maturity or for making extensions, betterments and improvements to
the System. ,
Section 14. That payments from all funds except the Waterworks and Sewer Operaltioi
and MaintY enance Fund shall be made by check or ry'oucher signed ty the Treasurer and the
Mayor, and xa yments from the Waterworks and Sewer Operation and Maintenance Fund shall
be made by check or voucher signed ty the Treasurer and the Waterworks and Sewer
Superintendent. The checks or vouchers shall be drawn on the depository with which the
moneys in the particular fund shall have been deposited and each such check or voucher
shall briefly specify the purpose of the expenditure.
• Section 15. That the City hereby agreesithat all payments on the bonds and intere;
shall be made only through the Paying Agent. All bonds paid or purchased either at or
before maturity shall be cancelled when such payment or purchase is made, together with
310
1166
t.)
all unmatured coupons appertaining thereto, and held by the Treasurer and shall not be
reissued.. All unpaid interest coupons maturing'on or prior to the date of such payment
or purchase shall continue to be payable to the respective bearers thereof.
Section 16. That the 'System shall be operated on a fiscal year basis beginning
the first day of January and ending the thirty-first day of December.
Section 17. That the bonds authorized hereby and issued hereunder shall be call-
able for payment prior to.maturity in accordance with the terms set out in the bond
form.
Section 18. That as long as any of the bonds authorized hereby are outstanding,
the C ty�l not issue or attempt to issue any bonds claimed to be entitled to a
priority of lien on the revenues of the System over the lien securing the bonds of this
issue, including the herein authorized and any and all future extensions, betterments
and improvements.
Nothing in this ordinance shall be construed to prevent the issuance by the.City
of Fayetteville of additional bonds to finance or pay the cost of constructing any futu3
extensions, betterments or improvements to the System; provided, however, the City shall
not authorize or issue any such additional bonds ranking on a parity vi th the outstand-
ing bonds of this issue, unless and until there shall have been procured and filed with
the Trustee a statement by an independent certified public accountant not in the regular
employ of the City reciting the opinion based upon necessary investigation that net
revenues (in this paragraph defined as the gross revenues of the System less the require
depreciation tables and the operation and maintenance expenses as determined by the
independent certified public accountant) in any two of the three fiscal years immediate]
preceding the fiscal year in which it is proposed to issue such additional bonds shall
equal 150% of the maximum amount that will become due in any year thereafter for princ-
ipal, interest and service charges on the bonds then outstanding and the bonds then pro-
posed to be issued.
Section 19. That it is covenanted and agreed by the City with the holder or hold-
ers of the bonds, or any'of them, that it will faithfully, and punctually perform all
duties with reference to the System required by the Constitution and laws of the State
of Arkansas, including making and collecting of reasonable and sufficient rates lawfull:
established for services rendered by the System, segregating the revenues of the System
and applying them to the respective funds herein created.
0
y
P�Section 20. That the City will keep proper books of accounts and records (separate
from all other records and accounts) in which complete and correct entries shall be mad,
of all transactions relating to the operation of the System, and such books shall be
available for inspection by the holder of any of the bonds at reasonable times and under
reasonable circumstances. The City agrees to have these records audited by an indepen-
dent certified publ!6 accountant at least once each year, and a copy of the audit shall
be delivered to the Trustee and to the original purchaser of the bonds and made avail-
able to interested bondholders. In the event the City fails or refuses to make the audit,
the Trustee, or any holder of the bonds may have the audit made, and the cost thereof
shall be charged against the Waterworks and Sewer Operation and Maintenance Fund.
Section 21. That the City covenants and agrees that it will maintain the System
in good condition and operate the same in an efficient manner and at reasonable cost.
While any Revenue Bonds are outstanding, the City agrees that it will insure and at all
times keep insured, in the amount,of the actual value thereof, in a responsible insuranc
company or companies authorized and qualified under the laws of the State of Arkansas
to assume the risk thereof, all properties of the System against loss or damage thereto
from fire, lightning, tornado, winds, riot, strike, civil commotion, malicious damage,
explosion, and against loss or damage from any other causes customarily insured against
by private companies engaged in a similar type of business. The insurance policies are
to be taken with companiesapproved by the Trustee, are to carry a clause making them
payable to the Trustee as its interest may appear, and are either to be placed in the
custody of the Trustee or satisfactory evidence of said insurance shall be filed with
the Trustee. In the 'event of loss, the proceeds of such insurance shall be applied
sole ly toward the reconstruction, replacement or repair of the System, and in such event
the City will, with reasonable promptness, cause to be commenced and completed the re-
construction, replacement and repair work. If such proceeds are -more than sufficient
for such purposes, the balance remaining shall be deposited to the credit of the Water-
works and Sewer Fund and if such proceeds shall be insufficient for such purposes the
deficiency shall be supplied, first, from moneys in the Waterworks and Sewer Depreciatic
Fund, and second, frcm moneys in the Waterworks and Sewer Operation and Maintenance Func
and third, from available moneys in the Watervo rks and Sewer Fund, and fourth, from
moneys in the Waterworks and Sewer Emergency Account. Nothing herein shall be constru-
,,£ed as requiring the City to expend any funds for operation and maintenance of the
System or for premiums on its insurance which are derived from sources other than the
operation of the System, but nothing heroin shall be construed as preventing the City
from doing so.
Section 22. That so long as any of the bonds are outstanding, the City covenants
and agrees that it will not mortgage, pledge, or otherwise encumber the System or any
part thereof, including any and all betterments and improvements thereto or any revenue;
therefrom, except as herein provided, and will not sell, lease, or otherwise dispose
of any substantial portion of the same. To the end that a record of the pledge of the
revenues and of the agreement not to mortgage the System may be preserved, the City Cle:
is hereby authorized and directed to file with the Recorder of Washington County,
Arkansas -a copy of this ordinance duly certified, with instructions that the same be
recorded in the office of said County Recorder as in the case of deeds and mortgages.
Section 23. That the owner or owners of all improved prooerty lying within the
area that will be served by the Sewer System, after the proposed improvements and ex-
tensions have been made, are hereby directed and required to connect all toilet and
waste v✓ater facilities of such improved property with said Sewer System as soon -,as
t'he!"i6r.vice.Ss available; and the owners of property that is improved after the com-
pletion of the improvements and extensions to the said Sewer System shall immediately
connect the toilet and waste water facilities of such property with the Sewer System,
Section 24. That the City shall send or cause to be sent .a written notice to any
ownerofd proved property that can be served by the Sewer System but is not connected
to make such connection within thirty (30) days from the date of said notice. If,
E
z
x
•
•
t
P
•Ord.
No, 1Tg6
(Continued)
311:
after said notice, the property owner fails to make such connection the City agrees to
institute appropriate action in court of competent jurisdiction to compel such connect-
ion. Furthermore, any property owner who fails or refuses to connect his improved prop•
erty with the Sewer System after being notified to do so shall be guilty of a misdemeanc
and upon conviction shall be fined in any sum not less than Two Dollars (22.00) and not
more than Ten Dollars ($10.00), .and each day's failure or refusal,_after the expiration
of the time fixed in the notice to make the connection 'shall be a separate offense;
provided; however, that the provisions of this sentence shall be effective to make such
failure a misdemeanor only in the event the City Health Officer, or other duly desig-
nated.individual or board, hal found and determined that such failure on the nart of
any particular property owner constitutes a hazard to the public health and safety of
the inhabitants of the City.
Section 25. That there shall be a statutory mortgage lien upon.the Waterworks,
whichsha1 exist in favor of the holders of the bonds, and each of them, and in
favor of the holders of the coupons attached to the bonds, and the Waterworks shall
remain subject to such statutory mortgage.lien until payment in full of the interest on
and principal.of the bonds, provided, however, that such statutory mortgage lien shall
be interpreted according to the decision of the Supreme Court of the State of Arkansas
in City of Harrison v.'Braswell, supra.
Section 26. (a)• That the City covenants and agrees that the holders of the
Waterwor s and Sewer Revenue Bonds shall have the protection of the provisions of Sec-
tion 13 of Act 132 of the Acts of Arkansas of 1933 (Ark. Stats. 19-4113), and that the
City will diligently proceed to enforce the lien of unpaid sewer charges against the
premises.served by the System and to collect the amount due together with the penalty
and expenses authorized by said Act 132. And, if the City shall fail to.proceed within
thirty (30) days after written request shall have been filed by the Trustee, the Trustee
may, and upon the written request of the holders of not less than ten per cent (10
iri principal amount of the Waterworks and Sewer Revenue Bonds then outstanding shall,
proceed to enforce said lien in accordance with and pursuant to the authorization of
said Act 132.
(b) That if there bf any default in the payment of the principal of or interest
on any Waterworks and Sewer Revenue Bond, or if the City defaults in any Waterworks and
Sewer Revenue Bond Fund requirement or in the performance of any of the other covenants
contained and set forth in this ordinance, the Trustee may, and upon the written request
of the holders of not less than ten per cent (10%) in principal amount of Waterworks
and Sewer Revenue Bonds then outstanding shall, by proper.suit compel the performance
of the duties of the officials of the City as set forth in Act 131 of the Acts of
Arkansas of 1933, as amended, Act 132 of the Acts of Arkansas of 1933 and Act 297 of the
Acts of Arkansas.of 1937, as amended. And, in the case of aidefault in the payment
of the principal of and interest on any of the outstanding Waterworks and Sewer Revenue
Bonds, or if the City fails to complete any other obligation which it herein assumes,
and such default shall continue for thirty (30) days thereafter, the Trustee may, and
upon the written request of holders of not less than ten per cent (10%) in principal
amount of the Waterworks and. Sewer Revenue Bonds then outstanding shall, apply in a
proper action to a court of competent jurisdiction for the appointment of a receiver to
administer the System on behalf of the City and the bondholders with power to charge
and collect (or by mandatory injunction or otherwise to cause to be charged and collecte
rates sufficient to provide for the payment of the expenses of operation, repair and
maintenance and to pay any bonds and interest outstanding and to apply the revenue in
conformity with the provisions of said Act 131 of 1933, as amended, Act 132 of 1933, an(
Act 297. of 1937, as amended,.and with this ordinance: When all defaults in principal
and interest payments have been cured, the custody and operation.of the System shall
revert to the City.
(c) No holder of any of the outstanding Waterworks and Sewer Revenue Bonds shall
have any right to institute.any suit, action, mandamus or other proceeding in equity or
in law for the protection or enforcement of any right under this ordinance or under sail
Act 131 of 1933, as amended, Act 132 of 1933, and Act 297 of 1937, as amended, unless
such holder previously shall have given to the Trustee written notice of the default on
account of which such suit, action or proceeding is to be taken, and unless the holders
of not less than ten per cent (10%) in principal amount of the Waterworks and Sewer
Revenue Bonds then outstanding shall have made written request of the Trustee after the
right to exercise such powers or right of action, as the case may be, shall have accrues
and shall have afforded the Trustee a reasonable opportunity either to proceed to exer-
cise the powers herein granted or granted by said Act 131 of 1933, as amended, Act 132
of 1933, and Act,297 of 1937, as amended, or by the laws of the State of Arkansas, or
to institute such action, suit or proceeding in its name, and unless, also, there shall
have been offered to the Trustee reasonable security and indemnity against the costs,
expenses and liabilities to be incurred therein or thereby and the Trustee shall have
refused or neglected to comply with such request within a reasonable time, and such
notification, request and offer of indemnity are hereby declared in every such case, at
the option of the Trustee, to be conditions precedent to the execution of the powers ans
trusts of this ordinance or to any other remedy hereunder. It is understood and intende
that no one or more holders of the bonds hereby secured shall have any right in any
manner whatever by his or their action to affect, disturb or prejudice the security of
this ordinance, or to enforce any right hereunder except in the manner herein provided,
that all proceedings at law or in equity shall be instituted, had and maintained in the
manner herein provided and for the benefit of all holders of the outstanding bonds and
coupons, and that any individual rights of action or other right given to one or more
of such holders by law are restricted by this ordinance to the rights and remedies here-
in provided.
' (d) That all rights of action under this ordinance or under any of the bonds sec-
ured hereby, enforcible by the Trustee, may be enforced by it without the possession of
any of the bonds or coupons appertaining thereto, and any such suit, action or proceedi
instituted by the Trustee shall be brought in its name for the benefit of all the holde
of such bonds and coupons, subject 'to the provisions of this ordinance.
• (e) That no remedy conferred upon or reserved to the Trustee. or to the holders of
the bonds is intended to be exclusive of any other remedy or remedies, and each and eve.
such remedy shall be cumulative and shall be in addition to every other remedy given
hereunder.
1312
(g) That the Trustee may, and upon the written request of the holders of not less
than ten per cent (10%) in principal amount of Waterworks and Sewer Revenue Bonds then
outstanding shall, waive any default which shall have been remedied before the entry
of final judgment or decree in any suit, action or proceeding instituted under the pro-
visions of thus ordinance or before the completion of the enforcement of any other rem-
edy, but no such waiver shall extend to or affect any other existing or any subsequent
default or defaults or impair any rights or remedies consequent thereon.
Section 27. That the Trustee shall only be responsible for the exercise of good
faith and reasonable prudence in the execution of its trust, The recitals in this or-
dinance and in the face of the bonds are the recitals of the City and not of the Trustee
The Trustee shall not be required to take any action as Trustee unless it shall have
been requested to do so in writing by the holders of not less than ten per cent (10%) in
principal amount of the Waterworks and Sewer Revenue Bonds then outstanding and shall
have been offered reasonable security and indemnity against the costs, expenses and
liabilities to be incurred therein or thereby. The Trustee may resign at any time by
ten (10) days' notice in writing to the City and the majority in value of the holders
of the outstanding Waterworks and Sewer Revenue Bonds,at any time, with or without cause
may remove the Trustee. In the event of a vacancy in the office of Trustee, either by
resignation or by removal, the majority in value of the holders of the outstanding
Waterworks and Sewer Revenue Bonds may appoint a new Trustee, such appointment to be
evidenced by a written instrument or instruments filed with the City Clerk. If the maj-
ority in value of the holders of the outstanding Watervo rks and Sewer Revenue Bonds
shall fail to fill a vacancy within thirty (30) days after the'same shall occur, then th
City shall forthwith designate a new Trustee by a written instrument filed in the office
of the City Clerk. The original Trustee and any successor Trustee shall file a written
acceptance and agreement to execute the trust imposed upon it or them by this ordinance,
but only upon the terms and conditions set forth in this ordinance and subject to the.
provisions of this ordinance, to all of which the respective holders of the bonds agree,
Such written acceptance shall be filed with the City Clerk and a copy thereof shall be
placed in the bond transcript. Any successor Trustee shall have all the powers herein
granted to the original Trustee.
Section 28. That when the bonds herein authorized to be issued have been executed
by the Mayor and City Clerk and the seal of the City impressed, as herein provided, the'
shall be delivered to the Trustee, which shall authenticate them and deliver them to th
purchaser upon delivery to the Trustee of the outstanding bonds of the January 1, 1946
issue, the December 1, 1948 issue and the December 1, 1952 issue with all unmatured cou•
pons attached thereto, or' the making of an escrow deposit with the Trustee sufficient t(
pay the principal and interest and all other charges necessary to fully pay and discharl
said outstanding bonds with 'interest at the next interest paying date and said outstand�
ing bonds are duly called for payment prior to maturity at their said next interest pay:
date, and the payment of the balance of the purchase price and accrued interest from
June 1, 1958.
A sum suffici.enttopay the first six (6) months' interest shall be remitted to
the Treasurer for deposit in the Waterworks and. Sewer Revenue Bond Fund and the balance
shall be remitted to the Treasurer and deposited in trust with a bank that is a member
of the Federal' Deposit Insurance Corporation, said deposit to be secured by bonds or
other direct or fully guaranteed obligations of the United States of America, or by a
corporate surety bond satisfactory to the Trustee, and said deposit shall be disbursed
solely in payment of the cost of constructing the extensions, betterments and improve-
ments of the System, including engineering, legal and other necessary expenses incident
thereto, but only on warrants, checks or vouchers -signed by the Treasurer and one other
person designated by the City briefly specifying the nature of the disbursement or ex-
penditure, and -accompanied by a certificate signed by the engineer for such constructio
that an obligation in a stated amount has been incurred and to whom such obligation is
owed, except that no such certificate shall be required before payment of engineering
fees, legal fees and the expenses of issuing the bonds.
When the construction of the herein authorized extensions, betterments and improve-
ments to the System -has been completed, this fact shall be evidenced by the filing with
the Trustee and with the depository in which the construction fund is deposited of a cer
ti£icate signed by the City Treasurer and by the engineer in charge of the construction.
Upon receipt bf the above described certificate, the depository with which the construct
ion fund is denosited shall pay or transfer any remaining balance pursuant to the writte
direction or check signed by the Treasurer and the one other person designated by the
City for signing checks on the construction fund, and any euch remaining balance may be
used for the calling of the bonds of this issue for payment prior to maturity or may
be transferred to the Waterworks and Sewer Revenue Bond Fund.
Section 29. (a) That moneys held for the credit of the Construction Fund shall,
as nearly as may be practicable, be continuously invested and reinvested by the City in
direct obligations of or obligations, the principal of and interest on which, are uncon-
ditionally guaranteed by, the United States Government, which shall mature, or which
shall be subject to redemption by the holder thereof at the option of such holder not
later than six (6) months after the date of such investment.
(b) Moneys held for the credit of the reserve for contingencies in the Waterworks
and Sewer Revenue Bond Fund and moneys in the Waterworks and Sewer Emergency Account
shall be continuously invested and reinvested by the City in direct obligations of, or
obligations, the.principal of and interest on which, are unconditionally guaranteed by,
the United States Government, which shall mature, or which shall be subject to redemptic
by the holder thereof, at the option of such holder, not later than twelve (12) years
after the date of such investment.
(c) Moneys
Ord.
(f) That no delay.or omission of the Trustee or of any holders of the bonds to
No.1166
any other
exercise any right or power accrued upon any default ahall impair any such right or pow<
(Cont.)
option of the
or shall be construed to be a waiver of any such -default or an acquiescence therein; an(
be invested and
reinvested
every power and remedy given by this ordinance to the Trustee and to the holders of the
the City
in direct
bonds, respectively, may be exercised from time to time and as often as may be deemed
of, or
obligations,
expedient.
(g) That the Trustee may, and upon the written request of the holders of not less
than ten per cent (10%) in principal amount of Waterworks and Sewer Revenue Bonds then
outstanding shall, waive any default which shall have been remedied before the entry
of final judgment or decree in any suit, action or proceeding instituted under the pro-
visions of thus ordinance or before the completion of the enforcement of any other rem-
edy, but no such waiver shall extend to or affect any other existing or any subsequent
default or defaults or impair any rights or remedies consequent thereon.
Section 27. That the Trustee shall only be responsible for the exercise of good
faith and reasonable prudence in the execution of its trust, The recitals in this or-
dinance and in the face of the bonds are the recitals of the City and not of the Trustee
The Trustee shall not be required to take any action as Trustee unless it shall have
been requested to do so in writing by the holders of not less than ten per cent (10%) in
principal amount of the Waterworks and Sewer Revenue Bonds then outstanding and shall
have been offered reasonable security and indemnity against the costs, expenses and
liabilities to be incurred therein or thereby. The Trustee may resign at any time by
ten (10) days' notice in writing to the City and the majority in value of the holders
of the outstanding Waterworks and Sewer Revenue Bonds,at any time, with or without cause
may remove the Trustee. In the event of a vacancy in the office of Trustee, either by
resignation or by removal, the majority in value of the holders of the outstanding
Waterworks and Sewer Revenue Bonds may appoint a new Trustee, such appointment to be
evidenced by a written instrument or instruments filed with the City Clerk. If the maj-
ority in value of the holders of the outstanding Watervo rks and Sewer Revenue Bonds
shall fail to fill a vacancy within thirty (30) days after the'same shall occur, then th
City shall forthwith designate a new Trustee by a written instrument filed in the office
of the City Clerk. The original Trustee and any successor Trustee shall file a written
acceptance and agreement to execute the trust imposed upon it or them by this ordinance,
but only upon the terms and conditions set forth in this ordinance and subject to the.
provisions of this ordinance, to all of which the respective holders of the bonds agree,
Such written acceptance shall be filed with the City Clerk and a copy thereof shall be
placed in the bond transcript. Any successor Trustee shall have all the powers herein
granted to the original Trustee.
Section 28. That when the bonds herein authorized to be issued have been executed
by the Mayor and City Clerk and the seal of the City impressed, as herein provided, the'
shall be delivered to the Trustee, which shall authenticate them and deliver them to th
purchaser upon delivery to the Trustee of the outstanding bonds of the January 1, 1946
issue, the December 1, 1948 issue and the December 1, 1952 issue with all unmatured cou•
pons attached thereto, or' the making of an escrow deposit with the Trustee sufficient t(
pay the principal and interest and all other charges necessary to fully pay and discharl
said outstanding bonds with 'interest at the next interest paying date and said outstand�
ing bonds are duly called for payment prior to maturity at their said next interest pay:
date, and the payment of the balance of the purchase price and accrued interest from
June 1, 1958.
A sum suffici.enttopay the first six (6) months' interest shall be remitted to
the Treasurer for deposit in the Waterworks and. Sewer Revenue Bond Fund and the balance
shall be remitted to the Treasurer and deposited in trust with a bank that is a member
of the Federal' Deposit Insurance Corporation, said deposit to be secured by bonds or
other direct or fully guaranteed obligations of the United States of America, or by a
corporate surety bond satisfactory to the Trustee, and said deposit shall be disbursed
solely in payment of the cost of constructing the extensions, betterments and improve-
ments of the System, including engineering, legal and other necessary expenses incident
thereto, but only on warrants, checks or vouchers -signed by the Treasurer and one other
person designated by the City briefly specifying the nature of the disbursement or ex-
penditure, and -accompanied by a certificate signed by the engineer for such constructio
that an obligation in a stated amount has been incurred and to whom such obligation is
owed, except that no such certificate shall be required before payment of engineering
fees, legal fees and the expenses of issuing the bonds.
When the construction of the herein authorized extensions, betterments and improve-
ments to the System -has been completed, this fact shall be evidenced by the filing with
the Trustee and with the depository in which the construction fund is deposited of a cer
ti£icate signed by the City Treasurer and by the engineer in charge of the construction.
Upon receipt bf the above described certificate, the depository with which the construct
ion fund is denosited shall pay or transfer any remaining balance pursuant to the writte
direction or check signed by the Treasurer and the one other person designated by the
City for signing checks on the construction fund, and any euch remaining balance may be
used for the calling of the bonds of this issue for payment prior to maturity or may
be transferred to the Waterworks and Sewer Revenue Bond Fund.
Section 29. (a) That moneys held for the credit of the Construction Fund shall,
as nearly as may be practicable, be continuously invested and reinvested by the City in
direct obligations of or obligations, the principal of and interest on which, are uncon-
ditionally guaranteed by, the United States Government, which shall mature, or which
shall be subject to redemption by the holder thereof at the option of such holder not
later than six (6) months after the date of such investment.
(b) Moneys held for the credit of the reserve for contingencies in the Waterworks
and Sewer Revenue Bond Fund and moneys in the Waterworks and Sewer Emergency Account
shall be continuously invested and reinvested by the City in direct obligations of, or
obligations, the.principal of and interest on which, are unconditionally guaranteed by,
the United States Government, which shall mature, or which shall be subject to redemptic
by the holder thereof, at the option of such holder, not later than twelve (12) years
after the date of such investment.
(c) Moneys
held for
the
credit of
any other
Fund may,
at the
option of the
City,
be invested and
reinvested
by
the City
in direct
obligations
of, or
obligations,
the
•
•
•
313
nrincipal of and interest on which, are unconditionally guaranteed by; the Unites State
Ordin ce Government; which shall mature, or VAhich shall be subject to redemption by the holder
No. 1166 thereof, at the option of such holder, not later than the date or dates when the moneys
Continued. held for the credit of the particular fund will be required for the purposes intended.
(d) Obligations so purchased as an investment of moneys in any such fund shall.
be placed in the custody of the City Treasurer and shall be deemed at all times to be
a part of such fund and the interest accruing thereon and any profit realized from such
investment shall be credited to such fund, and any loss resulting from such investment
shall be charged to such fund.
Meeting f
public he
on Bond
Ordinance
n
�J
Specia
Session
called
immediate
followin
other sp
meeting.
Section 30. That in the event the office of Mayor, City Clerk, City Treasurer
or City�ouncil shall be abolished, or any two or more of such offices shall be merged
or consolidated, or in the event the duties of a particular office shall be transferred
to another office -)r officer, or in the event of a vacancy in .-.ny such office by reason
of death, resignation, removal from office or otherwise, or in the event any such offic
shall become incapable of.performing the duties of his office by reason of sickness,
absence from the City or otherwise., all powers conferred and all obligations and duties
imposed upon such office or officer shall be performed by the office or officer succeed
ing to the principal functions thereof, or by the office or officer upon whom such powe
obligations and duties shall be imposed by law.
Section 31. That the Mayor is hereby directed to publish for one insertion in
The Nor lei w��rkansas im, which is hereby found and declared to be a newspaper
published in aye tev llTe,esArkansas and of general circulation therein, this ordinance,
to which shall be attached a notice signed by him in substantially the following form:
N 0 T I C E
Notice is hereby given that the City Council of the City of Fayetteville,
Arkansas had adopted the ordinance hereinafter set out; that the City
contemplates the issuance of the Waterworks and Sewer Refunding and Con-
struction Revenue Bonds described in the ordinance; that any person inter-
ested may appear before the;Council on the 1st day of May, 1958 at 7:30
o'clock p.m. at the usual meeting place of the Council held in Cites_
Administra ion Building and present protests. At such hearing all objections
and suggestions will be heard, and the Council will take such action as is
deemed proper in the premises.
Dated this 21 day of April , 1958.
Section 32. That this ordinance shall not create
right ocean nd shall arise hereunder pursuant to it
this ordinance shall be issued and delivered.
Mayor
any right of any kind and no'.
until the bonds authorized by
Section 33. That the provisions of this ordinance are hereby declared to be
separable and if any provision shall for any reason be held illegal or invalid, it
not affect the validity of the ramainder of the ordinance.
Section 34. That all ordinances and resolutions and parts thereof in conflict
herewitirf are hereby repealed to the extent of such conflict.
Section 35. That it is hereby ascertained and declared that the Waterworks and
Sewer System serving the City of Fayetteville, Arkansas is vh olly inadequate for the
needs of the City and the inhabitants thereof, thus endangering the life, health and
safety of the inhabitants and their property, and that the extensions, betterments and
improvements required to alleviate said hazards can be obtained only by the issuance
of the revenue bonds authorized hereby. It is, therefore, declared that an emergency
exists and this ordinance being necessary for the immediate preservation of the public
peace, health and safety shall take effect and be in force from and after Its passage.
Passed: the 18th day of April , 1958.
APPROVED:
. AUSYIN PARISH,'MAYOR
ATTEST: L�S�
GEOR DAVIS, CITY CLERK
r Alderman Burgin moved that the Council meet at 7:30 o'clock P.M: on the lst day of May,
ring 1958, at its usual meeting place, for a public hearing on said Ordinance No. 1566, and
that the Mayor give the required statutory notice.
The motion was seconded by Alderman Lunsford and upon roll call the following vote was
recorded: "Aye" Smith, Burgin, Lunsford, Williams, Hatfield, Kent, and Walker.
"Nay" Barnhart. There being seven "Ayes" and only one "Nay", the Mayor declared the
motion passed.
The purpose of this meeting having been accomplished, Alderman Smith moved to adjourn.
The motion was seconded by Alderman Williams and passed unanimously, whereupon the
Mayor declared the meeting adjourned. ^ /�
APPROVED:
PARISH,
The Mayor called the City Council of Fayetteville, Arkansas, into special session
immediately following the adjourning of the special session at which a public hearing
ial on the Water and Sewer Rate Ordinanpe as heli �nddl�rion,l8, 1958, to consider matter cd'
closing certain streets and alleys.in 1estwoo
, eEe5ENT: AlAJ O/? s'Rusriv PliRiS/f, e./rJ4CA eRK GeeRee T•Oyd%S, di7J.9TTyh{O.Mr.
irJ' 4-N6, Wee. SMi rH." J} c pEi�'iNEN,' BliRNNHiQT .TMirA; 8G�/P6iN, Ll�NSF�RD n/i# CiAMs/
F,
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