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HomeMy WebLinkAbout1959-09-24 Minutes42 77 License) Agreement with Ray Alderman Burgin moved that the Mayor and City Clerk be and they are herebjr authorized to exe cute a • Miller. License Agreement with Ray Miller and Chlora i'liller, husband and wife, concerning fences which are now existing or which may be built on property which the City of Fayetteville purchased from them in the Lake Sequoyah area. The motion was seconded by Aldermen Kent and passed unanimously. Changes in The City Engineer explained and recommended some changes in the sewer construction work in the extreme Sewer Lire Southeast p art of the City. Construction. One was the deferment of a sewer line located near the small stream running parallel to and approximately 800 feet east of the Pump Station Road. The other w*s two blocks of extension or 6 inch sewer laterals in the Fincher Addittonrto serve 8 houses which had been constructed since the original plans were made. �Aldermm Burgin moved to make the changes in the sewer line construction as recommended by the City (Engineer. IThe motion was seconded by Alderman Hatfield and passed unanimously. Water line on IThe City Engineer read a letter from the St. Louis & San Francisco Railroad in which they requested that RR Co. Right of he 8 inch water main from the Clear Creek Filter Plant and which is located on their right of way under Way near County Ian "Easement Agreement" be lowered approximately 6 feet for a distance of approximately 1456 -feet in the Home to be vicinity of the County home, in order to provide proper grade and drainage for a spur track to the lowered ISouthwestern Electric Power Co. and the proposed Ozark -McCord Grocery Co. site. This request is covered in the "Easement Agreement". This from the Dance Construction Co. was opened and read for doing this work to comply with the Dance Const. Co. ,Railroad Company's requirement for the total amount of $912h1.00. to lower) The Tune Construction Co, was asked for a bid price but due to commitment they were unable to make a bid. water line. fladerman Lunsford moved that the proposal of the Danco Construction Co, be accepted and that Mahaffey & McGoodwin, Bonsulting Engineers for the Water Distribution System of the 1958 Water & Sewer Expansion �rogram, be and they are hereby authorized to place this work on a "Change order" to the Contract No. 2 with Danco Construction Co. IThe motion was seconded by Alderman Walker and passed unanimously. There being no further business, Alderman Walker moved to adjourn. The motion was seconded by Alderman Lunsford and passed unanimously, whereupon the Mayor declared the meeting adjourned. APPROVED: 0-i+ le�d _ /n I J . AUJUIN YALU5,4) MAYUR ATTEST: o �/ EORGE J(IDAVa4, CITY CLERK t Special he City Council of Fayetteville, Arkansas, met in gr session on Thursday, Sessiol eptember 24, 1959, at 7:00 P. M: Present: Mayor J. Austin Parish, City Clerk George J. Davis, City Controller Albert J. Jones, City Attorney A. D. McAllister Jr., and Aldermen: Ralph Barnhart, Lynn Smith, Ellis Burgin, Bruce Lunsford, J. E. McClelland, Herbert Hatfield, Dale Kent, and Bryan Walker. bsent: None. The Mayo ��. 'eporte t t t o e t t' to .c_.gqlll1s p �,r Purpose f ent an(fA rary, r 1244 ��c `i �t�e�er o 6mmef�ce, Meetin,, the City Council, nd the Planning Commission to review the different phases of the Master Planning Program as set up by the University of Arkansas Planning Bogrd and that rll members of the Council had been notified by U. S. Mail and by telephone. (Che City Attorney introduced and read a proposed ordinance in its entirety entitled, Bond Ordinance 1'AN ORDINANCE SUBMITTING AT THE GENERAL ELECTION IN THE CITY OF FAYETTEVILLE ON NOVEMBER, No. 12171 3) 19501 THE QUESTION OF ISSUING BONDS FOR THE PURPOSE OF REFUNDING THE OUTSTANDING BONDS for Airport, OF THE CITY'S HOSPITAL AND FIRE FIGHTING APPARATUS ISSUE DATED SEPTEMBER 1, 1947, DEVELOP Library, TNG AND IMPROVING THE MUNICIPAL FLYING FIELD, AND ACQUIRING A SITE FOR AND CONSTRUCTING Hospital �ND EQUIPPING A CITY LIBRARY, UNDER THE PROVISIONS OF AMENDMENT NO. 13 TO THE CONSTITU- Fire. (CION OF THE STATE OF ARKANSAS; PRESCRIBING OTHER MATTERS, RELATING THERETO; AND DECLARING N EMERGENCY". After discussion, Alderman Hatfield moved that the Ordinance be passed. The motion was seconded by Alderman Lunsford and upon roll call the following vote was recorded:"Aye" Barnhart, Smith, Burgin, Lunsford, McClelland, Hatfield, Kent, and Walker. "Nay" None. There being Eight "Ayes" and No "Nays", the Mayor declared the Ordinance passed. {Alderman Lunsford then moved that the emergency clause be,adopted. Phe motion was seconded by Alderman Hatfield and passed unanimously, whereupon the Mayor declared the emergency clause adopted, and,the Ordinance was given the Number 1217. ORDINANCE N0..1217 N ORDINANCE SUBMITTING AT THE GENERAL ELECTION IN THE CITY OF FAYETTEVILLE ON NOVEMBER , 1959; THE QUESTION OF ISSUING BONDS FOR THE PURPOSE OF REFUNDING THE OUTSTANDING BONDS F THE CITY'S HOSPITAL AND FIRE FIGHTING APPARATUS ISSUE DATED SEPTEMBER 11 19471DEVELOP NG AND IMPROVING THE MUNICIPAL FLYING FIELD, AND ACQUIRING A SITE FOR AND CONSTRUCTING ND EQUIPPING A CITY LIBRARY, UNDER THE PROVISIONS OF AMENDMENT N0, 13 TO THE CONSTITUTION F THE STATE OF ARKANSAS; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN MERGENCY. WHEREAS, the City of Fayetteville is a city of the first class; and WHEREAS, the City has outstanding an issue of Hospital and Fire Fighting Apparatus onds dated September 1, 1947; and WHEREAS, the City Council has determined that is would be in the best interests of he City to develop and improve the municigal flying field and to acquire a site for, •construct and equip a city library, and 428 z ORDINANCE NO. 1217 (Continue_d) C17 C WHEREAS, it has been determined that the estimated cost to the City of developing and Improving the municipal flying field will be '$250,000.00 (ittbeing contemplated that an • Ord, agency of the United States Government will participate.in the cost of developing and ro. mproving the flying field, which participation will be over and above the above set forth 1217 cost to the City); the estimated cost to the City of acquiring a site for, constructing End lequipping of a city library will be $225,000.00; and the amount necessary to refund all bbutstanding bonds of the City's said September 1, 1947, issue will be y$75,000.00; which estimates include necessary expenses incidental to.the improvements and to the issuancel: f bonds; and WHEREAS, the refunding of the outstanding bonds of the September 1, 1947, issue will, Pe in the best interests of the City and its inhabitants and will permit the levying of smaller overall tax than would be the case if said bomds were not refunded; NOW, THEREFORE, BE.IT ORDAINED BY THE CITY..COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That there be submitted to the electors.of the City at the general election to be.held on November 3, 1959, the question of issuing,bonds in the following amounts nd for the following specified purposes, to -wit: $250,000.00 for the developing and constructing of a'municipal flying field; $225,000.00 for acquiring a site, constructing and equipping of a city library; $75,000.00 for the purpose of refunding the outstanding bonds of the City's Hospital and Fire.Fighting Apparatus Bond issue dated September 1, 1947, which refunding bonds will be issued only in the event bonds are approved for one or both of the purposes.) above specified (being flying field and library). SECTION 2. That the bonds shall be dated as of the first day of November, 1959, with interest thereon to be payable semi-annually on January 1 and July 1 of each year commencing Uuly 1, 1960, and the bonds shall mature on January l of each year as follows,.but shall e callable for payment prior to maturity on such terms as the City may specify in the notice of the public sale of the bonds: $15,000.00 in each of the years 1963 and 1964 •$16,000.00 in 1965 $17,000.00 in each of the years 1966, 1967, and 1968 $18,000.00 in each of the years 1969 and 1970 $19,000.00 in 1971 $20,000.00 in 1972 $21,000.00 in 1973 $22,000.00 in 1974 $245000,00 in 1975 $25,000.00 in 1976 $261000.00 in 1977 '27,000.00 in 1978 .$29,000.00 in 1979 $30,000.00 in 1980 $31,000.00 in 1981' 33,000.00 in 1982 $34,000.00 in 1983 $37,000.00 in 1984 $391000.00 in 1985 The bonds shall be sold at Public sale and shall bear interest at such rate or rates as re accepted by the City at the sale ($75,000.00 of the bonds, b6ing the amount necessary o refund the outstanding bonds of said September 1,.1947 issue, must bear interest at a trate not to exceed 2/ per annum) and may be sold with the privilege of conversion to an Issue bearing a lower rate or rates of interest. Any conversion shall be in accordance with Ithe Universal Bond Values Tables and upon such terms that the City receive no less and day no more than it would receive and pay if the bonds were not converted. The conversion shall be subjedt to the approval of the City Council and must be upon such terms that the average rate of the converted bonds is not more than 3/4 of 1/ less than the average rate set forth in the bid of the purchaser and the average maturity cannot be shortened by more than 12 months. The $75,000.00 of refunding bonds will be issued only in the event the Issuance of bonds is approved for the developing and improving of the municipal flying field or the acquiring a site for, constructing and equipping of a city library, or both of said (purposed. If bonds are approved for both of said purposes, the said improvement bonds an the refunding bonds will be combined into a single issue with the maturity dates and amouoits (set forth above. In the event bonds are approved for only one of said purposes, the Improvement bonds for said purpose and the refunding bonds will be issued with the same aturity dates but for proportionately less amounts. • SECTION 3. That the question shall be placed on the ballot for the election in substantially the following form: 429 Vote on each measure by placing an "X" in square opposite the • measure either for or against: For an issue of bonds in the amount of $250,000.00 for the purpose of paying the cost to the City of developing and improving the municipal flying field (it being contemplated that an agency of the United States Government will participate in the cost thereof which participation will be over and above the cost to the City) ... -------...... --------------...................... � Against an issue of bonds in the amount of $250,000.00 for the purpose of paying the cost to the City of developing and improving the municipal flying field(it being contemplated that an agency of the.United States Government will participate in the cost thereof which participation Ordinance No. will be over and above the cost to the City)----------------------------� 1217 For an issue on bonds in an amount of not to exceed $225,000.00 for the purpose of acquiring a site for, constructing and equipping acity library --------------------- ------------------------------------ Against an issue on bonds in an amount of not to exceed $225,000.00 for the purpose of acquiring a site for, constructing and equipping acity library ------------------------------------------------------- If the bonds for both purposes are approved by the electors, they will be combined into one issue to gether with refunding bonds in the amount of $75,000.00 to refund the outstanding bonds of the City's Hospital and Fire Fighting Apparatus Bond issue dated September 1, 19479 which combined issue of bonds will mature serially on January 1 in each of the years 1963 to 1985, inclusive, and the City Council will levy a continuing annual tax of 32 mills for the purpose of paying the principal of and interest on the bonds. In the event bonds are approved for only one of said purposes, the improvement bonds for said purpose and the refunding bonds will be issued with the same maturity dates but for proportionately less amounts. In the event only bonds for developing and improving the flying field are approved, the City Council will levy a continuing annual tax of 2.2 mills, and in the event only bonds for acquiring a site for, constructing and equipping a city library are approved, the City Council will levy a continuing annual tax of 1.8 mills. The bonds that are issued will bear interest at a rate acceptable to the City and may bre sold with the privilege of conversion to a rate or rates of interest lower than the rate accepted by the City at the public sale of the bonds. The bonds shall be callable for payment prior to maturity upon the terms specified in the notice of the public sale of the bonds. SECTION 4. That the election shall be held and conducted.and the vote canvassed and the results declared under the law and in the manner now provided for municipal elections, so far as the same is applicable, and the Mayor of the City of Fayette- ille is hereby authorized and directed to give notice of such election by an advertise- ent published weekly once a week for four times in a newspaper published in the City f Fayetteville, Arkansas, and having a bona fide circulation therein, the last publica- ion to be not less than ten days prior to the date of the election, and only qualified oters of the City of Fayetteville, Arkansas, shall have the right to vote at said lection on said question. SECTION 5. That the results of said election shall be proclaimed by the Mayor and is proclamation shall be published one time in a newspaper published in the City of Fayetteville, Arkansas, and having a bona fide circulation therein, which proclamation shall advise that the results as proclaimed shall be conclusive unless attacked in the courts within thirtj¢ days after the date of such proclamation. SECTION 6. That the Mayor is authorized to advertise, according to the terms of Amendment No. 13 to the Constitution of the Stiate of Arkansas, the public sale of the proposed bond issue. SECTION 7. That a copy of this ordinance shall be given to the Washington County oard of Election Commissioners so that the necessary election officials and supplies ay be provided. SECTION 8. That all ordinances and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. SECTION 9. That it is hereby ascertained and declared that there is an immediate and urgent need for the developing and improving of the municipal flying field and the acquiring of a site for, constructing and equipping of a city library, in order to pro- tect and promote the health, safety and welfare of the City and its inhabitants, and that said improvements can be accomplished only by the issuance of bonds. • J i x-30' , Ordinance No. 1217 (Continued). M�l ATTEST: ...,.,_�., . �..�.,.., ...��.,.. GES A Si CITY CLERK. AW Di;cussior. The Mayor, Members of the City Planning Commission, and others discussbd the 'various Mas er 1hased of the Master Planning Program but no action was taken at this time. Planning: Program he purpose of the meeting having been accomplished, the Mayor dec]a red the meeting adjourned. APPROVED: J. AUSTIN PARISH, MAYOR ¢TTEST, GEO DAVIS, CITY CLERK The City Council of Fayetteville, Arkansas, met in regular session on Monday, September 26, 11959, at 7:30 P. M. Present: Mayor J. Austin Parish, City Clerk George J. Davis, City Controller Albert J. Jones, City Attorney A-. D. McAllister Jr., City Engineer W. C. Smith, Chief of Police Pearl Watt1s, IFire Chief Burl Skelton, and Aldermen: Barnhart, Smith, Burgin, Lunsford, McClelland, - 4atfield, Kent, and Walker. Absent: None. The minutes of the regular session on Monday, September 14, 1959, and of the special session on Thursday, September 24, 1959, were read and approved.. Off-StreetlMr. Forrest Palmer appeared before the d'ouncAl in regard to the construction of an Off - Parking Street Parking Loon the 'Southeast corner of the intersection of Gregg Avenue and Dickson Loot on Street which the City had previously agreed to lease on or before January 1, 1960. Dickson Ire Palmer reported that since an emergency exists, the merchants in the West Dickson St. St. area believed immediate action should be taken and that they had a bid to raze the two puildings on thais property and to do the blacktopping for the sum of $5600.00. 7e further reported that the merchants would arrange a loan to the City of $5600.00,; payable in six months from date of contract, provided the City would open this parking To lot immediately. orrow Rfter a long discussion, Alderman Lunsford moved to accept the loan of $5600.00 as offers 65600.00 by the merchants and that the City open the parking lot immediately; also that $5000.00 or this be transferred from the General Fund to the Off -Street Parking Fund to pay the cost of _ lot. asphalting and installing parking meters on the Lickson Street Parking Lot, and that the appropriation in the General Fund Budget for the installation of an4'elevator in the City l$dministration Building is hereby released in the sum of $5000.00'to provide for the transfer to the Off -Street Parking Fund. The motion was seconded by Alderman Smith and upon roll call the following vote was recorded: "Aye" Smith, Burgin, Lunsford, McClelland, Hatfield, Kent, and Walker. "May" Barrihart. There being seven "Ayes" and only one "Nay", the Mayor declared the motion passed. Shoffner ttorney James Blair and Keith Shoffner appeared before the Council in regard to the pur- Property chase by the City of the Shoffner property at the Lake Sequoyah Lake Site. • d1scussed. 'r. Blair reported that he believed the Shoffner Family would accept an offer of $50,000.00 for their property provided, the City would permit them to retain a tract of approximately 18 acres and that;; the Shoffner Family would agree to a "Flood Easement" or "Indemnity , 4reement"to hold the City harmless from the flood damage to property retained by the S offners• provided this would meet with the approval of the Arkansas State Board of Health � C 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 be in force and • take effect immediately from and after its passage. PASSED: SEPTEMBER 24, 1959 APPROVED: TTEST: Qgu4c ��� J. AUS I PARI MAYOR GEOFW J AVIS, CITY CLERK Resolu- Alderman Smith read a proposed resolution pertaining to the rerouting of certain State tion Fighways within the corporate limits of the City of Fayetteville, Arkansas. Rerouting Alderman Smith then moved that the resolution be adopted. of The motion was seconded by Alderman Lunsford and passed unm imously, whereupon the Mayor Hiways. leclared the Resolution adopted. RESOLUTION 13-59 RESOLVED,&that the City Council of the City of Fayetteville, Arkansas, respectfully equest and urge the Arkansas State Highway Commission to give first priority to the rerouting of State Highway No. 16 through the corporate limits of the City of Fayetteville, yArkansas as set forth in the City's ??aster Street P1an,rand,:that second priority;be given to the rerouting of State Highway No. 112 through the corporate limits of the City of Fayetteville, Arkansas, as set forth in the Cit's Master Street Plan along the following route, to -wit: Highway No. 112 to approach from the North to Sycamore -Street; thence east on Sycamore Street to intersect State and Federal Highway No. 71 just north of the Facility. leterans BE IT FURTHER RESOLVED, that a copy of this resolution be sent to State Senator Clifton Wade, Representatives Charles Stewart and David Burleson and Clarence Davis, Thairman of the Highway Committee of the Fayetteville Chamber of Commerce. APPROVED: // � _ // �) ATTEST: ...,.,_�., . �..�.,.., ...��.,.. GES A Si CITY CLERK. AW Di;cussior. The Mayor, Members of the City Planning Commission, and others discussbd the 'various Mas er 1hased of the Master Planning Program but no action was taken at this time. Planning: Program he purpose of the meeting having been accomplished, the Mayor dec]a red the meeting adjourned. APPROVED: J. AUSTIN PARISH, MAYOR ¢TTEST, GEO DAVIS, CITY CLERK The City Council of Fayetteville, Arkansas, met in regular session on Monday, September 26, 11959, at 7:30 P. M. Present: Mayor J. Austin Parish, City Clerk George J. Davis, City Controller Albert J. Jones, City Attorney A-. D. McAllister Jr., City Engineer W. C. Smith, Chief of Police Pearl Watt1s, IFire Chief Burl Skelton, and Aldermen: Barnhart, Smith, Burgin, Lunsford, McClelland, - 4atfield, Kent, and Walker. Absent: None. The minutes of the regular session on Monday, September 14, 1959, and of the special session on Thursday, September 24, 1959, were read and approved.. Off-StreetlMr. Forrest Palmer appeared before the d'ouncAl in regard to the construction of an Off - Parking Street Parking Loon the 'Southeast corner of the intersection of Gregg Avenue and Dickson Loot on Street which the City had previously agreed to lease on or before January 1, 1960. Dickson Ire Palmer reported that since an emergency exists, the merchants in the West Dickson St. St. area believed immediate action should be taken and that they had a bid to raze the two puildings on thais property and to do the blacktopping for the sum of $5600.00. 7e further reported that the merchants would arrange a loan to the City of $5600.00,; payable in six months from date of contract, provided the City would open this parking To lot immediately. orrow Rfter a long discussion, Alderman Lunsford moved to accept the loan of $5600.00 as offers 65600.00 by the merchants and that the City open the parking lot immediately; also that $5000.00 or this be transferred from the General Fund to the Off -Street Parking Fund to pay the cost of _ lot. asphalting and installing parking meters on the Lickson Street Parking Lot, and that the appropriation in the General Fund Budget for the installation of an4'elevator in the City l$dministration Building is hereby released in the sum of $5000.00'to provide for the transfer to the Off -Street Parking Fund. The motion was seconded by Alderman Smith and upon roll call the following vote was recorded: "Aye" Smith, Burgin, Lunsford, McClelland, Hatfield, Kent, and Walker. "May" Barrihart. There being seven "Ayes" and only one "Nay", the Mayor declared the motion passed. Shoffner ttorney James Blair and Keith Shoffner appeared before the Council in regard to the pur- Property chase by the City of the Shoffner property at the Lake Sequoyah Lake Site. • d1scussed. 'r. Blair reported that he believed the Shoffner Family would accept an offer of $50,000.00 for their property provided, the City would permit them to retain a tract of approximately 18 acres and that;; the Shoffner Family would agree to a "Flood Easement" or "Indemnity , 4reement"to hold the City harmless from the flood damage to property retained by the S offners• provided this would meet with the approval of the Arkansas State Board of Health � C