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HomeMy WebLinkAbout1959-06-08 Minutes• D eTReatuient `F 401 Bid's onI Bidder Address Total Amount Sewer) Lift Stations orsgren Bros. Ft. Smith, Arkansas $470,738.00 and Sewage enix & Scisson Co. Tulsa, Oklahoma $485,700.00 TReatm'ent Facilities. �une Construction Co. Fayetteville, Arkansas $439,600.00 Carruthers Const. Co. Pa31i, Kansas $4970800.00 Nutilities Eng. & Const. Co. Oklahoma City, Okla. $491,552.00 We H. Patterson Ft. Smith, Arkansas $479,600.00 There being no further business, Alderman McClelland moved to adjourn. The motion was (seconded by Alderman Kent and passed unanimously, whereupon the Mayor declared the meeting adjourned. APPROVED: ATTEST;E S SH, AOR UITY MIT" t of of 9M- vrainance 1203 accepting and confirming this replat. he City Council of Fayetteville, Arkansas, met in regular session on Monday, June 8,1 t 7:30 P. M. resent: Mayor J. Austin Parish, City Clerk George J. Davis, City Controller Albert J. ones, City Attorney A. D. McAllister Jr., City Engineer W. C. Smith, Chief of Police earl Watts, Fire Chief Burl Skelton, and Aldermen: Barnhart, Smith, Burgin, Lunsford, atfield, Kent, and Walker. bsent: Alderman J. E. McClelland. The minutes of the regular session on Monday; May 25, 1959, adjourned session on Tuesday May 26, 1959, and the special session on Tuesday. May 26, 1959, were read and approved. Mr. Paul Peevy appeared before the Council with a plat which was a replat of a part of Meadow Vale Addition and which had been approved by the Planning Commission of Fayette- ville, Arkansas. After a brief discussion, the City Clerk read a proposed ordinance entitled,"AN ORDINANC TO ACCEPT AND CONFIRM THE DEDICATION OF ALL STREETS, ALLEYS AND EASEMENTS IN A REPLAT (BLOCK 2) OF.A PART OF.MEADOW.VALE SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS". Alderman Kent moved that the rules be suspended and the ordinance placed on the second reading. The motion was seconded by Alderman Burgin and passed unanimously. The ordinance was then read for the second time. Alderman Burgin then moved that the rules be further suspended and that the ordinance be placed on the third and final reading. The motion was seconded by Alderman Kent and passed unanimously. The ordinance was then read for the third and last time. The Mayor then declared the ordinance open for discussion. There being no discussion, The Mayor asked the question, "Shall the Ordinance pass". Upon roll call the following vote was recorded: "Aye" Barnhart, Smith, Burgin, Lunsford, Hatfield, Kent, and Walker. "Nay" None. There being seven "Ayes" and no "Nays", the Mayor declared the ordinance passed. ORDINANCE N0. 1203. ORDINANCE TO ACCEPT AND CONFIRM THE DEDICATION OF ALL STREETS, ALLEYS AND EASEMENTS REPLAT (BLOCK 2) OF A PART OF MEADOW VALE SUBDIVISION TO THE CITY OF FAYETTEVILLE, KANSAS. WHEREAS, there'.is duly filed in the office of the City Clerk of the City of Fayette villa, Arkansas, a replat of Block (2) Two of a part of Meadow Vale Subdivision to the City of Fayetteville, Arkansas, in which plat the streets, alleys and easements shown thereon have been dedicated for public use as streets, alleys, and easements; and WHEREAS, the City Planning Commission of the City of Fayetteville, Arkansas, has recommended the acceptance of said plat. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS': SECTION 1. That the City of Fayetteville, Arkansas, hereby accepts and confirms the dedication of all streets, alleys and easements dedicated in the replat of Block Two (a) of a part of Meadow Vale Subdivision to the City of Fayetteville, Arkansas, and hereby declares said streets, alleys and easements, to public streets, alleys,and easements, and the said City Council hereby assumes the care, control and jurisdiction of the same. SECTION 2. That this ordinance shall take effect and be in force and effect from and after its passage, approval and publication. DATED THIS 8th day of June, 1959. APPROVED: _ . ALUSTIN PARISH,AOR ATTEST: • =J k S , CoiT)l CLERK , 402 attorney Leonard.Greenhaw appeared before -the Council with a petition,signed by the immed Petition p lelropebty owners, requesting the closing of certain streets in the Evelyn Hills Addition to os to the Cit of'Fa etteville Arkansas, certain after a brief iAlderman Smith introduced streets � discussion, roucea proposed resolution fixing the time place, and date of a public hearing on said petit&on and authorizing the City Clerk to inlEvelyn publish notice of said hearing and to cause an abstractor's certificate of ownership to Hills be attached to petition at said public hearing. addition Aderman Smith moved that the resolution be adopted. The motion was seconded by Alderman presented Hatfield and passed unanimously, whereupon the Mayor declared the resolution adopted. by Leonard Greenhaw. -RESOLUTION 9-59 Resolution WHEREAS, it appears that the petition of John D. Askew, Nona Askew, Carl R. Ferguson relatingJayne Ferguson, T. I. Abshier and Grace E'. Abshier, to vacate and abandon all that portio thereto. of Willow Avenue between Abshier Drive and Woodcrest Drive and all that portion of Wood - crest Drive between U. S. highway No. 71 and Hillcrest (originally platted as Walnut) Avenue, as designated on the plat of Evelyn Hills Addition to the City of Fayetteville, Arkansas, was duly filed with the bity Clerk of the City of Fayetteville, Arkansas, on the 8th day of June, 1959, and WHEREAS, it appears that this is the next regular meeting of the City Council follow the AfilLing�of said petition, .N NOW, THEREFORE, BE IT RESOLVED: 1. That the 22nd day of June, 1959, at 7:30 P. M. in the Council Room of the City Administration Building, be and the same is hereby fixed as the time and place for the hearing upon said petition. 2. That the City Clerk of the City of Fayetteville, Arkansas, be and he is hereby directed to give notice of such hearing to all interested persons by publication thereof once a week for two consecutive weeks in the Northwest Arkansas Times, a newspaper pub- lished in Washington County, Arkansas, and having a circulation in the City of Fayettevil krkansas. 3. That the City Clerk of the City of Fayetteville, Arkansas, be and he is hereby directed to cause an abstractor's certificate as to the record owners of the lots and unplatted property abutting upon said portions of said streets sought to be vacated, to be attached to said petition prior to the date set for the hearing thereon. Dated this 8th Day of June, 1959. APPROVED: _ TTEST: J.4 A , MAY G 0 DAV S, CITY CLERK Rep lat The City Clerk presented a plat which was a replat of a part of the Hammond Subdivisionp of part and which had been approved by the Planning Commission of Fayetteville, oflHammond After a brief discussion, the Clerk read a proposed ordinance in its entirety entitled, Addition. "AN ORDINANCE TO ACCEPT AND CONFIRM THE DEDICATION OF ALL STREETS, ALLEYS AND EASEMENTS IN A REPLAT OF LOTS 59 60 71 82 IN BLOCK 1, AND LOTS 52 6, BLOCK 2'OF HAMMOND ADDITION T THE CITY OF FAYETTEVILLE, ARKANSAS". Alderman Burgin moved that the rules be suspended and that the ordinance be placed on its second -reading. The motion was seconded by Alderman Walker and passed unanimously. The ordinance was then read for the second time. Alderman Kent moved that the rules be further suspended and the ordinance placed on the third and final reading. The motion was seconded by Alderman Burgin and passed unanimously. The ordinance was then read for the third and, last time. The Mayor then declared the ordinance open for discussion. 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, Hatfield, Kent, and Walker. "Nay" None. There being seven "Ayes" and_no '!Nays", the Mayor declared the ordinance passed., ORDINANCE N0. 1204 Ord. AN ORDINANCE TO ACCEPT AND CONFIRM THE DEDICATION OF ALL STREETS, ALLEYS AND EASEMENTS I. 1204 A REPLAT OF LOTS 52 62 70 8, IN BLOCK l,. AND LOTS 5, 6, BLOCK 2 OF HAMMOND ADDITION TO { THE CITY OF FAYETTEVILLE, ARKANSAS. WHEREAS, there is duly filed in the office of the City Clerk of the City of Fayette ville, Arkansas', a replat of Lots 5062 7, and 8 in Block 1 and Lots 5 and 6 in Block 2' of Hammond Addition to the City of Fayetteville, Arkansas, being a part of the Southeast Quarter of the Northeast Quarter of Section 9, Township 16, North of Range 30 West of th 5th Principal Meridian, in which replat the streets, alleys and easements shown thereon have been dedicated for public use as streets, alleys, and easements; and WHEREAS', the City Planning Commission of the City of Fayetteville, Arkansas, has recommended the acceptance of said plat, NOW, THEREFORE,. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the City of Fayetteville, Arkansas, hereby accepts and confirms the dedication of all streets, alleys and easements dedicated in the replat of Lots 51 6, 7, and 8 in Bleck 1 and Lots 5 and 6 in Block 2 of Hammond Addition to the City of Fayette- ville, Arkansas, and hereby declares said streets, alleys, and easements, to be public streets, alleys, and easements, and the said City Council hereby assumes the care, control and jurisdiction of the same. SECTION 2. That this ordinance shall take effect and be in force and effect from an after its passage, approval and publication. DATED TH8th day of June, 1959. APPROVED: All Lng Le, a F • • • 403 (Phe Mayor reported that the Federal Aviation Agency.y had approved the Municipal Airport 'Resoljution Development Pro{Ject and made a grant offer of 90,000.00 to the City of Fayetteville, 10-59 Arkansas, for the development of the Fayetteville Municipal Airport. accepting lAlderman Hatfield introduced and read a proposed resolution "ACCEPTING GRANT OFFER Federal AND APPROVING AND ENTERING INTO GRANT AGREEMENT". grant Alderman Hatfield moved that the resolution be adopted. Offer. The motion was seconded by Alderman Burgin and upon roll call the following vote was (recorded, "Aye" Barnhart, Smith, Burgin, Lunsford, Hatfield, Kent, and Walker. "Nay" None. There being seven "Ayes" and no "Nays", the Mayor declared the Resolution adopted. RESOLUTION 10-59 UTION ACCEPTING GRANT OFFER AND APPROVING AND ENTERING INTO GRANT AGREEMENT. IT RESOLVED by the Mayor and City Council of the City of Fayetteville, Arkansas: SECTION 1. That the Mayor and City Council of the pity of Fayetteville, Arkansas, hall and they do hereby accept a Grant Offer of Federal funds as made by the Adminis- rator of the Federal Aviation Agency under date of May 12, 1959, for the purposes herein set out; that said Mayor and City Council do hereby accept all the terms, condi- ions, and obligations therein and thereby imposed and by their acceptance of same do ereby ratify the Project Application, and do hereby acknowledge such instruments as onstituting a solemn and binding agreement with the United States Government, for the urpose of obtaining Federal aid in the development of the Fayetteville Municipal Airpor nd that such agreement shall be set forth hereinbelow. SECTION 2. That the Mayor of the City of Fayetteville, Arkansas, is hereby author - zed and directed to evidence the City's agreement by affixing his signature to such greement, which is hereby executed in sextuple, and the City Clerk is hereby authorized nd directed to impress the official seal of the City of Fayetteville, Arkansas, thereon nd to attest said execution. SECTION 3. That the Grant Agreement referred to hereinabove shall be as follows: DEPARTMENT OF COMMERCE CIVIL AERONAUTICS ADMINISTRATION Washington 25 CONTRACT N0, FA2=389 GRANT AGREEMENT Part I - Offer Date of Offer May 12, 1959 Fayetteville Municipal Airport Project No. 9-o3-002-596& T0: City of Fayetteville, Arkansas (herein referred to as the "Sponsor") FROM: The United States of America (acting through the Administrator of the Federal Aviation Agency, herein referred to as the "Administrator") WHEREAS, the Sponsor has submitted to the Administrator a Project Application dated Sept ember 25, 1958 for a grant of Federal funds for a project for development of the Fayette ville Municipal Airport (herein called the "Airport"), together with plans and specifi- cations for such project, which Project Application, as approved by the Administrator, i hereby incorporated herein and made a part hereof; and WHEREAS, the Administrator has approved a project for development of the Airport (herein called the "Project") consisting of the following described airport development; Acouire land (Tracts B, C, D, and E on Exhibit "A"); construct terminal apron, parallel taxiway to N/S runway, hanger apron and connecting taxiway, entrance road, auto parking area, terminal building, sidewalks and utilities; perform approach clearing at each end of NIS runway; install security fence; perform turfing incidental to grading. (The airport development to be accomplished, herein described, is in addition to that contem- plated or accomplished under the Grant Agreement between the Sponsor and the United Stat for Project No. 9-03-002-701) all as more particularly described in the property map and plans and specifications in- corporated in the said Project Application; NOVI THEREFORE, pursuant to and for the purposes of carrying out the provisions of the Federal Airport Act (60 Stat. 170; Pub, Law 377, 79th Congress), and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application, and its acc&ptance of this Offer, as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and the operation and maintenance of the Airport, as herein provided, THE ADMINISTRATOR, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States' share of costs incurred in accomplishing the project, 50 per centum of all allowable project costs subject to the following terms and conditions; 1. The maximum obligation of the United States payable under this Offer shall be $90, 000.00. 2. The Sponsor shall (a) begin accomplishment of the Project within a reasonable time after acceptance of this Offer, and (b) carry out and complete the Project in accordance with the terms of th2s Offer, and the Federal Airport Act and the Regulations promulgated thereunder by the Administrator in effect on the date of this Offer, which Act and Regulations ar incorporated herein and made a part hereof, and (c) carry out and complete the Project in accordance with the plans and specifiagt_ ions and property map incorporated herein as they may be revised or modified with the approval of the Administrator or his duly authorized representatives. 3. The Sponsor shall operate and maintain the Airport as provided in the Project Appli- cation incorporated herein. 4. The maximum amounts of building space which the Sponsor shall be obligated to furnish civil agencies of the United States for the purposes and on the terms and conditions stated in Paragraph 9 of Part III of the Project Application, shall be as set forth in the attached schedule of maximum space requirements which is incorporated herein and made a part hereof. R 404 Any misrepresentation or omission of a'material fact by the Sponsor concerning the Project or the Sponsor's authority or ability to carry out the obligations assumed bir the Sponsor in accepting this Offer shall terminate .the obligation of the United States, • and it is understood and agreed by the Sponsor in accepting this Offer that if a mat erial fact has been misrepresented or omitted by the Sponsor, the Administrator on behalf of the United States may recover all grant payments made. The Administrator reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor. This Offer'shall expire and the United States shall not be obligated to pay any of the allowable costs of the Project unless this Offer has been accepted by the Sponsor within 60 days from the above date of Offer or such longer time as may be prescribed by the Administrator in writing. .(a) The terms"Administrator of Civil Aeronautics", "Administrator ", "Civil Aeronau- tics Administration", "Department of Commerce" and "CAA", wherever they appear in this Agreement, in the Project Application, the plans and specifications, or in any other documents constituting a part of this agreement, shall be deemed to mean the Federal Aviation Agency,or the Administrator thereof, as the case may be. .(b) The first sentence of Paragraph 3 of the Sponsor's assurances contained in PartIIl of the Project Application shall be c nsidered amended by deleting the words "Secy tion"303 of the civil Aeronautics Act of 1938, as amended" and substituting there for the words "Section 308 (a) of the Federal Aviation Act of 1958 (72 Stat. 750)111 _ .(c) It is understood that the Sponsor will not commence any construction work on any of the airport property, as shown on map Exhibit "A" under this Grant Agreement, , until the Sponsorhas submitted evidence satisfactory to the Administrator that it is the owner in fee simple -of the airport property, as shown on map Exhibit "A" attached to the Project Applications, subject to no liens, encumbrances, reser- vations, or exceptions which, in the opinion of the Administrator, would create an undue risk of interference with accomplishment of the project and operation of t'e the airport. .(d) It is agreed between the parties hereto that the property interests which the sponsor shall acquire in Tracts B, C, D and E on exhibit "A" shall consist of fee simple title satisfactory to the Regional Administrator to Tracts B and C and avi- gation easements for clear zone purposes satisfactory to the Regional Administra- tor in Tracts D and E on Exhibit "A"; and it is further agreed that the United States shall not make, nook be obligated to make, and grant payment for the ac- quisition of such property interests in said Tracts until the sponsor has submit- ted evidence satisfactory to the Regional Administrator that it has acquired such " property interests. he Sponsor's acetptance of this Uffer and ratification and adoption of the Project App- ication incorporated herein shall be evidenced by execution of this instrument by the ponsor, as hereinafter provided, and said Offer and accOptance shall comprise a Grant greement, as provided by the Federal Airport Act, constituting the obligation and rights f the United States and the Sponsor with respect -to the accomplishment of the Project a1ld he operation and maintenance of the Airport. Such GrantlAgrsefent dhall becomece'ffecfive >on•-the;Spon"sow's;'•acceptano6-1of ithis-'offe'ri add tsifall' remain `in' iu11' fbrde„anti �ef.fcet "ct iroughout th&lxisei'ul life of..:theY fac-ili^tia *dev.ehopedi unfler_ the'Pro'j'ebt but” in-2�any event >t..to exceed twenty years' Ffrom ttlf6" date of'cs'ai'd`acb`ep Anc`e:- "" ' `" '� UNITED STATES OF AMERICA THE ADMINISTRATOR OF FEDERALEAVIATTONSAGENCY By - - Regional Administrator, Region II_ - !,Part II- Acceptarelee he city of Fayetteville, Arkansas does heby ratify and adopt all statements, repre- sentations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept said Offer and by such accQptance agrees to all of the terms and conditions thereof. Executed this day of 19 CITY OF F.AYETTEVILLE, ARKANSAS Name of ponsor By (SEAL) Attest: Title itle• l ERTIFICATE OF SPONSOR'S ATTORNEY 19 , acting as Attorney for City of Fayetteville, Ark. do hereby certify: That I have examined the foregoing Grant Agreement and the proceedings taken by said City of Fayetteville, Ark.relating thereto, and find that the Acceptance thereof by said IC it7 of Fayetteville, Ark, had been duly authorized and that the execution thereof is in all iji a proper and l accordance with the laws of the State of Arkansas ,and further tha , y opinion, said Grant Agreement consti,tutes`aa legal and binding obligation of the City of gayetteville, Ark. f.Yi abedrd'ance' viii 'the''terms'�thernnf, ad at this dr day of 19 Title MAXIMUM RENT FREE SPACE REQUIRML-'NTS Fayetteville Municipal Airport Fayetteville, Arkansas Project No. 0-03-002-02 Air Traffic Communications Station • Operations Room 328 sq. ft. Operations Storage 63 v r, Operations Uhief's Office Equipment and Service Room • ATFO Chief ATFO Storaa'e Engine Generator Hoom Total 116 sq. ft. 266 " it 112 " it 76 " It 217"" it 117JSq. Ft. SCHEDULE "A" PASSED AND APPROVED by a majority vote the Ci ille, Arkansas, and approved by me this_..! for day of Sanitation. TEST: si A 405 it of the City of Fa,yette- A� . 1959. n Legal fees k'brilef discussion was held concerning the.legal fees to be paid on the Municipal Airpor discussed for Improvement project. n Municipal Airport Alderman Walker then moved to refer this to the Aviation and Airport Committee for study Project. and report. The motion was seconded by Aldermai Smith and passed unanimously. Alderman Kent reported that the Finance Committee had approved the bills and he moved they be allowed as approved. The motion was seconded by Alderman Lunsford and passed unanimously. TV Privilege Alderman Kent reported that the Finance Committee had met with a representative: of the tax I Trgns-Video Corporation and discussed the privilege tax to be paid by the TV under their discussed. existing franchise. The City Attorney read a proposed resolution fixing the amount of privilege tax to be paid by Trans -Video Corporation under its existing franchise.Al rman Lunsford moved to The motion was seconded by Alderman Kent but before a vote was taken, do t the r ut Alderman Barnhart moved to amend the resolution in effect that the rate n the contract could'be renegotiated after 5 years by either party, giving 30 days notice to the oppos- ite party of their intention to renegotiate. The motion was seconded by Alderman Walker. A long discussion was had concerning both the motions and before a vote was taken, both Aldermen Lunsford and Barnhart withdrew their motions with the consent of their seconds. Purchase of Alderman Barnhart reported that the Sanitation Committee had recommended the purchase of additional another Pak-Mor(complete unit) to be used by the Sanitation Department.Also the hiring Pak -Mor of another crew (3 men) to operate this unit. for After a lengthy discussion, Alderman Burgin moved that the Mayor and Sanitation Committe Sanitation. be authorized to purchase a new Sanitation Unit for the Sanitation Department. Dept. The motion was seconded by Alderman Barnhart and upon roll call the following vote was E recorded: "Aye" Barnhart, Smith, Burgin, Lunsford, Hatfield, and Walker. "Nay" Kent. There being six "Ayes" and only one "Nay", the Mayor declared the motion passed. Ord. concern- The City Attorney introduced and read a proposed ordinance entitled,"AN ORDINANCE ing Act.I No.28 ESTABLISHING A PROCEDURE FOR PURCHASING, SALE OR EXCHANGE OF PROPERTY IN COMPLIANCE WITH left on first ACT N0, 28 OF 1959, AND FOR OTHER PURPOSES". reading. A long discussion was held but no further action was; taken and the ordinance was left on the first reading. Attorney James Blair appeared before the Council in regard to the purchase of the James Blair Shoffner realeestate at the new lakesite and shown on the Lake Plat as S'-1. appearedlbefore He stated that the trial in the condemnation proceedings of this land had been postponed Council by the Court for 90 days and he believed the owners of this property would be willing to Be I accept less money provided they could retain approximately 18 acressla Shoffner roperty The City Attorney stated that it might be best to consider all real l estate at ,the new damRa for which no settlement has been reached to date. A long discussion was had but no action was taken. gondemnation Mr. Edd Connell appeared before the Council in regard to a sewer easement across some otas3ntol property owned by Marion Vaughn. t After a brief discussion, Alderman Bur.Ain moved that condemnation proceedings be eaaemeni�tl+l s for instigated in order to obtain necessary easements for sewer lines when the onsulting sewer.lines Engineers, City Engineer, City Attorney, and Mayor find that sucha necessity exists. w1jen necessary.Th mot3'on 77N�va� a+ec� gnd d y Alderman Lunsford and passed unanimous., ,�•�°'�'`�%/ ��a' `°"'•"°'• /%/9.s"'9. ` l -•y,, 11Z ._Edd Connell than presented some options for small tracts `of real estate needed in Condemnation the Airport Improvement Projedt. suits to be After a brief discussion, Alderman Hatfield moved that the City Attorney be and he is filed for hereby authorized to file condemnation proceedings in the Circuit Court of Washington n.ecessaxy County,Arkansas for the purchase of land necessary to complete the Airport Improvement ,Airport land. Project. The motion was seconded by Alderman Smith and upon roll call the following vote was recorded: "Aye" Barnhart, Smith, Burin, Lunsfordt Hatfield, and Kent. "Nay" Walker. There being six "Ayes" and only one Nay", the Mayor declared the motion passed. There being no further business, Alderman Barnhart moved to adjourn. The motion was seconded by Alderman Walker and passed unanimously, whereupon the Mayor declared the meeting adjourned. APPROVED: / -• "f ATTEST:Js AD6'XiN GEb ' J.vDAVIS, CITY CLERK