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HomeMy WebLinkAbout1959-12-21 Minutes446 z TO adv. The City Engineer reported that a new loader -digger was needed by the tater & Sewer for bids Department and that he and the Water & Sewer Committee recommended that the City purchase • &I two new loader -diggers with a trade-in of the old machine. purchase After a brief discussion, Alderman Burgin moved that the City advertise for bids on two 2 digger- new leader -digger machines, with a tradein of one old loader -digger machine, with loaders. specifications to be furnished by the City Ehgineer, and that the Mayor appoint a Committee to make the purchase. The motion was seconded by Alderman Barnhart and passed unanimously. The Mayor then appointed the Water &.,Sewer Committee to make the purchase. Civil The Mayor read a letter from the Civil Defense and Disaster Relief Mobilization stating Defense that Fayetteville had been selected as meeting the requirements for one of the storage Emerg. sites of an Emergency Hospital Unit, Hospitdl They further stated thy would furnish one of these units to the City of Fayetteville Unit if the City was interested and would provide the storage space and a custodian who would serve in a voluntary capacity. After a brief discussion, Alderman Hatfield moved to accept the Emergency Hospital Unit as offered by the Civil Defense Mobilization Office. , The motion was seconded by Alderman Burgin and passed unanimously. There being no further business, Alderman Kent moved to adjourn. The motion was seconde by Alderman Walker and passed unanimously, whereupon the Mayor declared the meeting adjourned. jJ /J APPROVED: //U• HVJllly CA ill J11, TTEST: V/ 0 -DAV S, CITY CLERK f The City Council of Fayetteville, Arkansas, met in regular session on Monday, December 21, Reg. 19592 at 7:30 P. M. Council Present: Mayor J. Austin Parish, City Clerk George J. Davis, City Controller Albert J. Meeting. Jones, City Attorney A.,D: McAllister Jr., City Engineer W. C. Smith, Chief of Police Pearl Watts, Fire Chief Burl Skelton, and Aldermen: Barnhart, Smith, Lunsford, McClelland, Hatfield,and Kent. Absent: Aldermen Ellis Burgin and Bryan Walker. The minutes of the regular session on Monday, December 7, 1959, were read and approved. ZonMr. Emery Gose, Vice Chairman of.the Planning Commission, appeared before the Council and Planing Presented proposed Zoning Plan consisting of a proposed ordinance and maps pertaining Presented thereto, which is a part of the Master Planning Program which has been under study by the Planning Commission. to Council. Alderman Kent moved to accept the Zoning Plan consisting of a proposed ordinance and maps pertaining thereto for study and consideration. I he motion was seconded by Alderman Smith and passed unanimously. The petition of the University of Arkansas to close that part of Dickson Street between Petition Ozark Avenue and Garland Avenue, which had been discuss6d at the last Uouncil Meeting, toclose i Dickson was again brought up for discussion. St, �fter a long discussion, tYe City Attorney read a proposed resolution fixing the date for al public hearing on this petition, authorizing the City Clerk to publish notice of said Between ublic hearing, and directing the City Clerk to cause abstractor's certificate of owner Ozark Ave. ship of land abutting on said Street to be attached to the petition at the public hearing. and Garland Aderman Barnhart moved that the resolution be adopted. Ave. The motion was seconded by Alderman Kent and passed unanimously. RESOLUTION 16-59 Resolution) WHEREAS, it appears that the petition of the Board of Trustees of the University of 16-59 Arkansas, to vacate all that portion of West Dickson Street between the West Boundary Public line of Ozark Avenue and the East Boundary line of Garland Avenue, within the corporate Hearing. limits of the City of Fayetteville, Arkansas, was duly filed with the City Clerk of the City of Fayetteville, Arkansas, on the 7th day of December, 1959; and WHEREAS, it appears that said petition was duly referred to the Planning Commission the City of Fayetteville, Arkansas, and that the Planning Commission has recommended granting of said petition on condition that the proposed substitute street have a ft. right-of-way and that no parking be allowed on said substitute street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, RKANSAS: 1. That the 11th day of January, 1960, be and it is hereby fixed as the day and date or hearing upon said petition. 2. That the City Clerk of the City of Fayetteville, Arkansas, be and he is hereby irected to give notice of such hearing by publication thereof for once a week for two 2) consecutive weeks in the Northwest Arkansas Times, a newspaper published in Washington ounty, Arkansas, and having a general circulation in the City of Fayetteville, Arkansas) 3. That the City Clerk of the City of Fayetteville, Arkansas, be and he is hereby irected to cause an abstractor's certificate of the record owners of the abutting eal estate be attached to said petition prior to date fixed for hearing. PASSED AND APPROVED this 21st day of December, 1959. APPROVED: • .;6 - AUSTIN PARISH, TTEST: v/ GEO DAVIS, CITY CLERK The Mayor reported that this was the day and date set for a public hearing on a petition Public Hear- to close that part of Company Street between Fallin Street and Assembly Drive. • Ing forclosing The City Clerk reported that notice of said public hearing had been published in the part of Northwest Arkansas Times, a newspaper published in the City of Fayetteville, Arkansas, Company Street.'and having a general circulation in the City of Fayetteville, once a week for two consec utive weeks and that an Abstractor's Certificate of the record owners of real estate abutting upon said street had been attached to the petition prior to the date for said public hearing. The Mayor then announced that all persons having objections to the closing of Company Street between Fallin Street and Assembly Drive would be heard at this time. There being no objections, the City Attorney introduced and read a proposed ordinance in its entirety for the first time entitled, "AN ORDINANCE VACATING THAT PORTION OF COMPANY STREET BETWEEN FALLIN STREET AND ASSEMBLY DRIVE IN MT. VIEW ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS". alderman Kent.then moved that the rules be suspended and the ordinance placed on its second reading. Ordinance The motion was seconded by Alderman Hatfield and passed unanimously. No. 1222 The ordinance was than read for the second time. Alderman Smith moved that the rules be further suspended and that the ordinance be place on its third and final reading. The motion was seconded by Alderman McClelland 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 further discus Pion, the Mayor asked the question, "Shall the Ordinance pass"? Upon roll call the following vote was recorded, "Aye" Barnhart, Smith, Lunsford, McClelland, Hatfield, and Kent. "Nay" None. -there-being Six !!Ayes!1 dndcNo•:"Nays', the Mayor declared the ordinance passed. ORDINANCE N0. 1222 AN ORDINANCE VACATING THAT PORTION OF COMPANY STREET BETWEEN FALLIN STREET AND ASSEMBLY DRIVE IN MT. VIEW ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS. WHEREAS, a petition was duly filed with the City Council of the City of Fayetteville. Arkansas, on the 17th day of November, 1959, asking the City Council to vacate and aband@r all that portion of Company Street between Fallin Street and Assembly Drive in Mt. View Addition to the City of Fayetteville, Arkansas, and . WHEREAS, after due notice as required by law, the City Council has, at the time and place mentioned in the notice, heard all persons desiring to be heard on the question and has ascertained that the portion of the street hereinabove described has heretofore been dedicated to the public use as a street; has not been actually used by the public gener- ally for a period of at least five (5) years subsequent to the filing of the plat; that all of the owners of the property abutting on the portion of said street sought to be vacated have filed with the City Council their written consent to said abandonment; and that public interest and welfare will not be adversely affected by the abandonment; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. The City of Fayetteville, Arkansas, hereby releases, vacates and abandons all its right, together with the rights of the public generally, in and to -all that por- Ition of Company Street between Fallin Street and Assembly Drive in Mt. View Addition to the City of Fayetteville, Arkansas; reserving unto said City of Fayetteville, Arkansas, fits successors and assigns an easement or right of way on, over, under and across the portion of said street hereby vacated for the purpose of constructing, installing, laying and relaying, relocating and maintaining all public utilities now located or which may hereafter be located upon said vacated alley and street by said City or any corporation having a franchise or right of way from said City. Section 2. A copy of the Ordinance, duly certified by the City Clerk shall be filed n the offfoe of the Recorder of the County, and recorded in the Deed records of the ounty. Section 3.This Ordinance shall take effect and be in force from and after its passag approval. PASSED AND APPROVED THIS 21st DAY OF DECEMBER, 1959. f APPROVED: . AUSTIN PA S, MAYOR .ST: �/ GEO DAV S, CITY CLERK Resolution Alderman Kent moved that the following Resolution be adopted, to -wit: 17-59 Re; RESOLUTION 17-59 Planning Aid from WHEREAS, the City of Fayetteville, Arkansas, recognizes the need for proper and U. of Al. orderly growth and the prevention of undesirable physical conditions, and WHEREAS, continuous comprehensive planning for the City of Fayetteville is recogniz as essential for its future growth and development, and WHEREAS, the financial resources of the City of Fayetteville are not adequate to finance in whole the necessary planning services, and WHEREAS, the University of Arkansas, acting as the State Agency for planning assist 'ante, can provide the needed planning services and can apply for financial assistance • from Federal sources, NOW,THEREFORE, BE IT RESOLVED that the City Council of Fayetteville, Arkansas, requests that the University of Arkansas apply for a reservation of Federal planning fun to undertake a planning program which may include the following: II` L 4 u- tion 17-59 Letter in Ref. to Resolution 17-59 roposed sot3ttLtion Defeated 1. Assistance on planning administration in implementing the plans and the zoning subdivision regulations and in coordinating the administration among the various icipal departments. 2. Assistance on review and revision of::fibe:zones, building and other municipal odes to simplify, coordinate and render more effective their administration. 3. Assistance on revision and study of the initial draft of a public improvement rogram and on its implementation. 4. Preparation of a study of annexation problems--econmmic, utilities, public ser - ices, and population and development trends-- with recommendations. 5. Preparation of an application for the certification of a Workable Program. BE IT FURTHER RESOLVED that the City of Fayetteville will make available the sum of 1,200.00 per quarter over a period of two years to be used in part in defraying the cosi f the proposed planning program as determined by the City of Fayetteville and the niversity of Arkansas. ROVED AND ADOPTED THIS 21st day of December, 1959. APPROVED: o . 071 OVdPE r .j I lderman Kent further moved that the letter dated December 21, 1959, fromWilliam S. Bonne o The Honorable Mayor and Members of the City Council be spreadcof record in the minute: nd by reference thereto be read together with and incorporated in the above and oregoing resolution. he motion was seconded by Alderman Smith and upon roll call the following vote was rec- rded: "Aye" Barnhart, Smith, McClelland, Hatfield, and Kent. "Nay" Lunsford. here being five "Ayes" and only One "NAy", the Mayor dec]a red the .Resolution adopted. LETTER IN REFERENCE THERETO UNIVERSITY OF ARKANSAS CITY PLANNING DIVISION FAYETTEVILLE, ARKANSAS December 21, 1959 o The Honorable Mayor And embers of The City Council: The University of Arkansas has been advised that the Urban.Renewal Administration, ousing and Home Finance Agency, will accept applications for urban planning grants eginning December 29, 1959. Inasmuch as the ceiling allocations for planning in states and metropolitan areas reatly exceed the funds available, urban planning grants will be made on a first come asis. It is therefore necessary, if there is to be reasonable assurance of a reservatiot f urban planning grant funds for the City of Fayetteville, that the attached resolution e authorized by the City Council at this time. The resolution constitutes the official support for the application which the niversity files with the Federal agency for a period not exceeding two years: Following the reservation of the Federal funds, the City of Fayetteville may purs no of three possible lines of actions: 1. It may decide not to continue its planning program with Federal assistance and ermit the reserved funds to be used elsewhere. 2. It may undertake during the two-year period an 18 -months program immediately fter funds become available. 3. It may undertake a planning program of shorter duration (not less than nine months) to be initiated approximately six to nine months after the funds have been eceived. It should be understood that some of the planning services listed in the resolution such as building code revision and preparation of a Workable Program) are not eligible or Federal matching assistance. However, the City may desire to.obtain the maximum mount of Federal assistance, in which case it would include'only eligible activities ithin its work program at the time a contract for planning services is executed with the niversity. If the City adopts the suggested resolution, the University of Arkansas will be ppy to include Fayetteville in an application for the reservation of the Federal anning Funds. (s) William S. Bonner William S. Bonner, Head City Planning Division lderman Smith read a proposed resolution urging the Arkansas State Highway Department o continue its study of the proposed improvements to the highway system throughout orthwest Arkansas. . lderman Smith moved that the resolution be adopted. The motion was seconded by Alderman cClelland and upon roll call the following vote was recorded: "Aye" Smith, McClelland, nd Hatfield. "Nay" Barnhart, Lunsford, and Kent. There being three -"Ayes" and three Nays", the Mayor declared the motion defeated for.lack of a majority vote. • • 449 ORDINANCE N0. 1223 ORDINANCE AMENDING SECTION 2 OF ORDINANCE N0, 1167 PASSED AND APPROVED MAY 12, 1958 IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: The Mayor reported that the Council had never given authority to execute a lease Mayor anfl City agreement for the proposed Off -Street Parking Lots on the Northwest Corner of the inter - Clerk author- section of East Avenue.and Meadow Street. ized to+ Alderman Hatfield then moved that the Mayor and City Clerk be and they are hereby execute Lease authorized to execute a lease agreement with Motors Finance Company, Inc., for their lot Agreement for located on the Northwest corner of the intersection of East Avenue and Meadow Street, ParkinglLot (103 North East Avenue where the Gilstrap Lumber Building was located) corner of for a term of twenty five (25) years, beginning March 1, 1960,at an annual rental East Ave. payment of $2,400.00 per year plus the payment of all taxes,with the option to purchase andI (said real estate on or before November 16, 1964, for the sum of $35,000.00. Meadow St. The motion was seconded by Alderman Smith and passed unanimously. ORDINANCE N0. 1223 ORDINANCE AMENDING SECTION 2 OF ORDINANCE N0, 1167 PASSED AND APPROVED MAY 12, 1958 IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: he City Attorney introduced and read a proposed ordinance in its entirety for the first Ordinance time entitled, "AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE NO. 1167 PASSED AND APPROVE: No. 1223 MAAY 12, 1958'*. lAlderman Lunsford moved that the rules be suspended and that the ordinance be placed on Telephone its second reading. Co. I The motion was seconded by Alderman Kent and passed unanimously. Franchise. The ordinance was then read for the second time. Alderman Kent then moved that the rules be further suspended and the ordinance placed on its third and final reading. The motion was seconded by Alderman Lunsford 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, Lunsford, McClelland, Hatfield, and Kent. "Nay" None. There being six "Ayes" and No "Nays", the Mayor declared the Ordinance ,passed. ORDINANCE N0. 1223 ORDINANCE AMENDING SECTION 2 OF ORDINANCE N0, 1167 PASSED AND APPROVED MAY 12, 1958 IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: The City Attorney introduced and read in its entirety for the first time a proposed Franchise ordinance entitled, "AN ORDINANCE WHEREBY OZARKS ELECTRIC COOPERATIVE CORPORATION, AN Agreement with ARKANSAS CORPORATION, AND THE CITY OF FAYETTEVILLE, ARKANSAS, A MUNICIPAL CORPORATION, Ozarks AGREES THAT OZARKS ELECTRIC COOPERATIVE CORPORATION SHALL CONTINUE TO OPERATE ITS ELEC- Electric Coop. TRICAL SYSTEM IN CERTAIN AREAS HERETOFORE ALLOCATED BY THE ARKANSA2 PUBLIC SERVICE COM - Corp. MISSION AND WITHIN THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, ARKANSAS, AS SAID in form of CORPORATE LIMITS ARE NOW LOCATED OR AS MAY HEREAFTER BE LOCATED WITHIN THE AREA ASSIGNE: Ordinance TO OZARKS ELECTRIC COOPERATIVE CORPORATION BY THE ARKANSAS PUBLIC SERVICE COMMISSION; No. 1224. TOGETHER WITH ALL BUSINESS INCIDENTAL TO OR CONNECTED WITH SAID SYSTEM INCLUDING THE ERECTION AND MAINTENANCE OF TS PLANT, CONSTRUCTION AND APPURTENANCES THERETO, ALDNG, ACROSS, ON, OVER, THROUGH, AjOVE AND UNDER PUBLIC STREETS, AVENUES, ALLEYS, PUBLIC GROU AND PLACES WITHIN SAID OPERATING AREAS HERETOFORE ALLOCATED BY THE ARKANSAS PUBLIC SER- VICE COMMISSION WITHIN SAID CORPORATE LIMITS AS SAME ARE NOW LOCATED OR AS MAY HEREAFTE BE LOCATED WITHIN THE AREA ASSIGNED TO OZARKS ELECTRIC COOPERATIVE CORPORATION BY THE ARKANSAS PUBLIC SERVICE COMMISSION;. THAT THE CITY SHALL RECEIVE AN ANNUAL PAYMENT FROM THE OZARKS ELECTRIC COOPERATIVE CORPORATION; AND FOR OTHER PURPOSES". Alderman Kent moved that the rules be suspended and the ordinance placed on its second reading. The motion was seconded by Alderman Lunsford and passed unanimously. The ordinance was then read for the second time.:!.= Alderman Lunsford then moved that the rules be further suspended and the ordinance plat on it third and final reading. The motion was seconded by Alderman Hatfield and passed • The Bm'was then read for the third and last time. animou 1 The Mayor then declared the ordinance open for discussion. There being no discuss on, Mayor asked the question, "Shall the Ordinance pass"? Upon roll call the following vote was recorded: "Aye" Barnhart, Smith, Lunsford, McClelland, Hatfield, and Kent. "Nay" None. There being Six "Ayes" and No "Nays", the Mayor declared the Ordinance passed. Section 1. That Section 2 of Ordinance No. 1167 be and the same is hereby amended to read as follows, to -wit: "SECTION 2." The Telephone Company shall pay to thm City on or before March 1, 1960, for the period January 19 1960, through December 31, 1960, inclusive, and thereafter for like periods on or before each March 1 an amount determined by multiplying the number of telephones within the corporate limits of the city as of the last day of the preceding year by the sum of Ninety -One Cents ($$.91). In the event the Arkansas Public Service Commission grants an increase in the amount of franchise tax which can be levied by firs class cities against Southwestern Bell Telephone Company then the franchise tax paid by Southwestern Bell Telephone Company to the City of Fayetteville shall be proportionately increased and made effective as of the effective date of the order of the Arkansas P.ubli Service Commission authorizing such increase. Section 2. This ordinance shall take effect and be in force from and after its passage, approval, and publication. DATED THIS 21st Day of December, 1959. APPROVED: A/�J AUSTIN SH, AYOR ATTEST • ., GEO . DAVIS, CITY CLERK License Agreement with The City Attorney presented a proposed License Agreement between the City and Mr. & Mrs. Chester I Chester Lbor_ard relative to some real estate located at Lake Sequoyah. Leonard & Wife. Alderman Smith moved that the Mayor and City Clerk be and they are hereby authorized to execute a License Agreement with Chester P. Leonard and Cleo Oneta Leonard, husband and wife, on 97.75 acres, more or less, located at Lake Sequoyah Lakesite, and formerly owned by them, to erect barbed wire fences and mow hay on said real estate, so long as Mr. & Mrs. Leonard own real estate adjoining this property, but said License Agreement is not transfer'bld•,and shall remain in effect only during the lifetime of the Licensees The motion was seconded by Alderman Barnhart and passed unanimously. The City Attorney introduced and read in its entirety for the first time a proposed Franchise ordinance entitled, "AN ORDINANCE WHEREBY OZARKS ELECTRIC COOPERATIVE CORPORATION, AN Agreement with ARKANSAS CORPORATION, AND THE CITY OF FAYETTEVILLE, ARKANSAS, A MUNICIPAL CORPORATION, Ozarks AGREES THAT OZARKS ELECTRIC COOPERATIVE CORPORATION SHALL CONTINUE TO OPERATE ITS ELEC- Electric Coop. TRICAL SYSTEM IN CERTAIN AREAS HERETOFORE ALLOCATED BY THE ARKANSA2 PUBLIC SERVICE COM - Corp. MISSION AND WITHIN THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, ARKANSAS, AS SAID in form of CORPORATE LIMITS ARE NOW LOCATED OR AS MAY HEREAFTER BE LOCATED WITHIN THE AREA ASSIGNE: Ordinance TO OZARKS ELECTRIC COOPERATIVE CORPORATION BY THE ARKANSAS PUBLIC SERVICE COMMISSION; No. 1224. TOGETHER WITH ALL BUSINESS INCIDENTAL TO OR CONNECTED WITH SAID SYSTEM INCLUDING THE ERECTION AND MAINTENANCE OF TS PLANT, CONSTRUCTION AND APPURTENANCES THERETO, ALDNG, ACROSS, ON, OVER, THROUGH, AjOVE AND UNDER PUBLIC STREETS, AVENUES, ALLEYS, PUBLIC GROU AND PLACES WITHIN SAID OPERATING AREAS HERETOFORE ALLOCATED BY THE ARKANSAS PUBLIC SER- VICE COMMISSION WITHIN SAID CORPORATE LIMITS AS SAME ARE NOW LOCATED OR AS MAY HEREAFTE BE LOCATED WITHIN THE AREA ASSIGNED TO OZARKS ELECTRIC COOPERATIVE CORPORATION BY THE ARKANSAS PUBLIC SERVICE COMMISSION;. THAT THE CITY SHALL RECEIVE AN ANNUAL PAYMENT FROM THE OZARKS ELECTRIC COOPERATIVE CORPORATION; AND FOR OTHER PURPOSES". Alderman Kent moved that the rules be suspended and the ordinance placed on its second reading. The motion was seconded by Alderman Lunsford and passed unanimously. The ordinance was then read for the second time.:!.= Alderman Lunsford then moved that the rules be further suspended and the ordinance plat on it third and final reading. The motion was seconded by Alderman Hatfield and passed • The Bm'was then read for the third and last time. animou 1 The Mayor then declared the ordinance open for discussion. There being no discuss on, Mayor asked the question, "Shall the Ordinance pass"? Upon roll call the following vote was recorded: "Aye" Barnhart, Smith, Lunsford, McClelland, Hatfield, and Kent. "Nay" None. There being Six "Ayes" and No "Nays", the Mayor declared the Ordinance passed. M rd. 224 chise ORDINANCE N0, 1224 AN ORDINANCE WHEREBY OZARKS ELECTRIC COOPERATIVE CORPORATION, AN ARKANSAS CORPORATION, ND HE CITY OF FAYETTEVILLE I ARKANSAS. A MUNICIPAL CORPORATION, AGREES THAT OZARKS ELECTRIC OOPERATIVE CORPORATION SHALL CONTINUE TO OPERATE ITS ELECTRICAL SYSTEM IN CERTAIN AREAS ERETOFORE ALLOCATED BY THE ARKANSAS PUBLIC SERVICE COMMISSION AND WITHIN THE CORPORATE IMITS OF THE CITY OF FAYETTEVILLE, ARKANSAS, AS SAID CORPORATE LIMITS ARE NOW LOCATED OR S MAY HEREAFTER BE LOCATED WITHIN THE AREA ASSIGNED TO OZARKS ELECTRIC COOPERATIVE CORP] RATION BY THE ARKANSAS PUBLIC SERVICE COMMISSION; TOGETHER WITH ALL BUSINESS INCIDENTAL!.; 0 OR CONNECTED WITH SAID SYSTEM INCLUDING THE ERECTION AND MAINTENANCE OF ITS PLANT, CON- TRUCTION AND APPURTENANCES THERETO, ALONG, ACROSS, ON, OVER, THROUGH, ABOVE AND UNDER UBLIC STREETS, AVENUES, ALLEYS, PUBLIC GROUNDS AND PLACES WITHIN SAID OPERATING AREAS ERETOFORE ALLOCATED BY THE ARKANSAS PUBLIC SERVICE COMMISSION WITHIN SAID CORPORATE LIMITS S SAME ARE NOW LOCATED OR AS MAY HEREAFTER BE LOCATED WITHIN THE AREA ASSIGNED TO OZARKS LECTRIC COOPERATIVE CORPORATION BY THE ARKANSAS PUBLIC SERVICE COMMISSION; THAT THE CITY HALL RECEIVE AN ANNUAL PAYMENT FROM THE OZARKS ELECTRIC COOPERATIVE CORPORATION; AND FOR THER PURPOSES. u,r�n HEREAS, the City desires to enact and impose Ozarks Electric Cooperative Corporation franchise tax which shall be in lieu of all other licenses, charges, fees or special taxes they than the usual general or special ad valorem taxes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, RKANSAS: Section 1. That the Ozarks Electric Cooperative Corporation, its successors and assigns, hall con nue to operate its electrical power system and all business incidental to or onnected with the conducting of business system engaged in the sale of electrical power nd energy within the city limits of the City of Fayetteville, Arkansas, as heretofore allo- ated to Ozarks Electric Cooperative Corporation by the Arkansas Public Service Commission. he plant construction and appurtenances used in or incident to the giving of electrical) ower service and to the maintenance of an electrical power service business shall remain s now, constructed, subject to such changes as may be considered necessary by the City in' he exercise of its inherent power and by the Ozarks Electric Cooperative Corporation inI he conduct of its business and by the Arkansas Public Service Commission in its regulatory ower of public utilities. The said Ozarks Electric Cooperative Corporation shall continue o exercise its right to place, remove, construct and reconstruct, extend and maintain its aid plant and appurtenances thereto, along, over, across, on, through, above and under 11 the public streets, alleys, avenues and the public grounds and places in certain areas eretofore allocated by the Arkansas Public Service Commission and within the corporate imits of the City of Fayetteville, Arkansas, as said corporate limits are now located or as ay hereafter be located within the area assigned to Ozarks Electric Cooperative Corporacion v the Arkansas Public Service Commission. Section 2. That the Ozarks Electric Cooperative Corporation agrees to pay to the City or the period commencing January 12 1960, and ending December 31, 1960,.a sum equal to two or cent (2%) of its gross sales of electrical power to domestic and commercial consumers ithin the territory served by the Ozarks Electric Cooperative Corporation within the cor- orate limits of the City of Fayetteville, Arkansas, as now located or as may be hereafter ocated, said sum to be pa -,id in equal quarterly -annual payments. The Ozarks Cooperative orporation shall have thirty (30) days from the end of each quarter to compute and make he payments provided for herein. That said payment shall be continued from year to year ollowing December 31, 1976, unless the City or the Ozarks Electric Cooperative Corporation hall terminate this agreement at the end of any year after giving sixty (60) days advance otice of intention to so terminate. Section 3. The annual payment herein required shall be in lieu of all other licenses, rges, fees or impositions (other than the usual general or special ad valorem taxes) ch may be imposed by the City under authority conferred by law. Section 4. The Ozarks Electric Cooperative Corporation on the request of any person hall remove Zr raise or lower its wires temporarily to permit the moving of houses or o tructures. The expense of such temporary removal, raising or lowering of wires shall be aid by'othe party or parties requesting the same, and the Ozarks Electric Cooperative Co oration shall be given not less than'forty-eight hours advance notice to arrange for su emporary wire changes. Section 5. Permission is hereby granted to the Ozarks Electric Cooperative Corpora o trim trees upon and overhanging streets, alleys, sidewalks and public places of said ity so as to prevent the branches of such trees from coming in contact with the wires ables of the Ozarks Electric Cooperative Corporation, all the said trimming to be done nder the supervision and direction of any City Official to whom said duties have been r may be delegated. Section 6. Nothing in this Ordinance contained shall be construed to require or permit ny electric light or power wire attachments by the City or for the City. If light or power ttachments are desired by the City or for the City, then a separate non -contingent agree' - ant shall be a pre -requisite to such attachments. Section 7.Nothing herein contained shall be construed as giving to the Ozarks Electric ooperaFiverporation any exclusive privileges, nor shall it affect any prior or existing ights of the Ozarks Electric Cooperative Corporation to maintain an electrical power _ ystem within the City. Section B. This ordinance shall take effect and be in force from and after its passage, mal and publication. DATED THIS 21st day of December, 1959. ` APPROVED: 1TTEST: ryn !J —' GEORG J.SAVI�s CITY CLERK • • ulnanca • No j 1225 Stanblrry Addition. S 1 451 lderman Smith presented a plat which was a replat of a part of Green Acres Subdivision o the City of Fayetteville, Arkansas. .fter a brief discussion, Alderman Smith intrmduced and read in its entirety for the first ime a proposed ordinance entitled, "AN ORDINANCE TO ACCEPT AND CONFIRM THE DEDICATION OF LL STREETS, ALLEYS, AND EASEMENTS IN REPLAT OF LOTS 18 AND 19 OF GREEN ACRES SUBDIVISION F THE CITY OF FAYETTEVILLE, ARKANSAS"da lde nnan Kent moved that the rules be susipended and the ordinance placed on its second eading. The motion was seconded by Alderman Smith and passed unanimously. he ordinance was then read for the second time. lderman Kent then moved that the rules be further suspended and the ordinance placed on is third and final reading. he motion was seconded by Alderman Lunsford and passed unanimously. he ordinance was then read for the third and last time. he Mayor then declared the ordinance open for discussion. There being no discussion, he Mayor asked the question, "Shall the Ordinance pass"P pon roll call the following. vote was recorded: "Aye" Barnhart, Smith, Lunsford, .cClelland, Hatfield, and Kent. "Nay" None. here being six "Ayes" and Ifo "Nays", the Mayor declared the Ordinance passed. ORDINANCE N0. 1225 N ORDINANCE TO ACCEPT AND CONFIRM THE DEDICATION OF ALL STREETS, ALLEYS, AND EASEMENTS N REPLAT OF LOTS 18 AND 19 OF GREEN ACRES SUBDIVISION OF THE CITY OF FAYETTEVILLE, RKANSAS. WHEREAS, there has been duly presented to the City Council of the City of Fayette- ille, Arkansas, a plat dated October,1959, known as a Replat of Lots 18 and 19 of Green Cres Subdivision of the City of Fayetteville, Arkansas, by which the owners of the latted real estate have dedicated for the public use the streets, alleys, and easements hown upon said plat; and WHEREAS, the City Planning Commission of the City of Fayetteville, Arkansas, has ommended the acceptance of said plat. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NSAS: Section 1. That the City of Fayetteville, Arkansas, hereby accepts and confirms the edication of all streets, alleys, and easements, dedicated in"Replat of Lots 18 and 19 f Green Acres Subdivision of the City of Fayetteville, Arkansa, and hereby declares aid streets, alleys and easements, to be public streets, alleys and easements; and the aid 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 after its passage, approval and publication. DATED THIS 21st day of December, 1959. APP ROVEID : MAYORJ.—AUSTIN PARISITv Proposed Alderman Smith introduced and read a proposed ordinance inrits anti ret�p, f gg.n�i g Ordinance Itime entitled, "AN ORDINANCE AMENDING SECTION 3 OF ORDINANCE N0. 1111E TAB HIIQ�� left on SWAY STREETS, TRAFFIC AND PEDESTRIAN CONTROL LIGHTS AND PARALLEL PARK I G; PROVIDING FOR first reading. ENFORCEMENT; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS AND FOR OTHER PURPOSES,, {No further action was taken at this time and the Ordinance was left on its first reading Change Order Alderman McClelland moved that Change Order No. 2, Dated December 15, 1959, as presented for I by Marion L. Crt, Consulting Engineer, for the Lift Stations and Sewage Treatment Lift Stations. lant (Schedule I) be approved and that the Mayor be and he is hereby authorized to sign the required copies of the Change Order. The motion was seconded by Alderman Hatfield and upon roll call the following vote was recorded, "Aye" Barnhart, Smith, McClelland, Hatfield, and Kent. "Nay" None. Not voting: Lunsford. There being five "Ayes" and No "Nays" with one not voting, the ayor declared the motion passed. Chemellel Alderman Kent moved that the Water and Sewer Committee be and they are hereby authoriz Cottage to b)e to advertise and sell the Chemelle Cottage at Lake Sequoyah to the highest bidder. sold. I The motion was seconded by Alderman Smith and passed unanimously. The Mayor reported that the Planning Commission had requested that the Major Street Plan Planning The referred back to the Planning Commission for review with the State Highway Commission Commission to with reference to Highway improvements in this locality. study I (Alderman Barnhart moved to refer the Major Street Plan back to the Planning Commission Major Street so they can work on it in January, in a new study, in the light of developments in the Plan with I Arkansas State Highway Department planning. State Hiway The motion was seconded by Alderman Lunsford and upon roll call the following vote was Dept. recorded: "Aye" Barnhart, Lunsford, McClelland, Hatfield, and Kent. "Nay" None.A;*xWrAg&�'J There being five "Ayes" and No "Nays" with one not voting, the Mayor declared the motion passed, Alderman Hatfield than moved to adopt the resolutionepb rtaining to the alxove motion. The motion was seconded by Alderman Lunsford and passed unanimously, whereupon the Mayor 'Resolution declared the Resolution adopted. 48-59 1452 )RESOLUTION 18-59 WHEREAS, the Arkansas State Highway Department has undertaken a study of proposed ivements to the highway system through Northwest Arkansas, and partieularj:y with lance to U. S. Highway 71; and WHEREAS, the City Council of the City of Fayetteville, Arkansas, recognizes the eed for improvements in the highway system throughout Northwest Arkansas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, RKANSAS: 1. That the Arkansas State Highway Department be urged to continue its study of thel roposed improvements to the highway system throughout Northwest Arkansas, and particularly ith reference to U. S. Highway 71, and that a decision be reached at the earliest racticable date concerning such proposed improvements. 2. That the Planning Division of the State Highway Department be requested to const he Master Street Plan adopted by the City of Fayetteville in conjunction with its study f`said proposed improvements. 3. That a copy of this resolution be forwarded to F. R. Oliver, Director, State ighway Department, and to Armil Taylor, member of the State Highway Commission represen ng Northwest Arkansas. PASSED AND APPROVED this 21st day of December, 1959. APPROVED: // �' /, P Attys The Mayor reported that it was urgent that the City clear title to all city property at authorized the Municipal Airport. tolclear 'fter a brief discussion, Alderman Smith moved that the firm of Wade & McAllister, title toAttorneys-at-Law, special attorneys for the City in connection with the airport project Airport be and the same is hereby authorized and directed to file proceedings in the Chancery Land. Zourt of Washington County, Arkansas, to quiet title in the City of Fayetteville, Arkans to all real estate owned by the City of Fayetteville, Arkansas, included within the Boundaries of the municipal airport, subject however to easements owned by Arkansas Watern Gas Company and the easements owned by Gustave Salle and C. L. Selle acboss the NW3 of the NE4 of Section 4, Township 15North., Range 30 West of the 5#h principal meridian. The motion was seconded by Alderman McOlelland and passed unanimously. its third and final reading. Alderman Hatfield read a proposed Lease Agreement between the City of Fayetteville and Airport the Central Airlines relative to the Municipal Lirport. Lease Alderman Hatfield moved to approve the Airport Lease Agreement with the Central Airlines with and that the Mayor and City City Clerk be and they are hereby authorized to execute same Central The motion was seconded by Alderman Smith and passed unanimously. 111103 The City Controller read a proposed ordinance in its entirety for the first time entitled, "AN ORDINANCE AUTHORIZING THE ISSUANCE OF BONDS FOR THE PURPOSE OF REFUNDING T: end OUTSTANDING BONDS OF THE CITY'S HOSPITAL AND FIRE FIGHTING APPARATUS BONDS DATED dinance SEPTEMBER 1, 1947; DEVELOPING AND IMPROVING THE MUNICIPAL FLYING FIELD, ACQUIRING A SITE 1226. FOR, CONSTRUCTING AND EQUIPPING A CITY LIBRARY; LEVYING A TAX SUFFICIENT TO PAY TEE . PRINCIPAL AND INTEREST ON THE BONDS; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY". Alderman Lunsford moved that the rules be suspended and the ordinance placed on its second reading. The motion was seconded by Alderman Kent and passed unanimously. �1he ordinance was than read for the second time. Alderman Smith then moved that the rules be further suspended and the ordinance placed o its third and final reading. The motion was seconded by Alderman Lunsford and passed unanimously. The ordinance was then read for the third and last time. The Mayor than declared the I rdinance 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, Lunsford, McClelland, Hatfield, and Kent. "Nay" None. There being six "Ayes" and No "Nays", the Mayor declared the Ordinance passed. Alderman Kent then moved that the emergency clause be adopted. The motion was seconded b' {lderman Smith and upon roll call the following vote was recorded, "Aye" Barnhart, Smith Lunsford, McClelland, Hatfield, and Kent. There being Six "Ayes" and No "Nays", the Mayor declared the emergency clause adopted. ORDINANCE N0. 1226 AN ORDINANCE AUTHORIZING THE ISSUANCE OF BONDS FOR THE PURPOSE OF REFUNDING THE OUTSTAND BONDS OF THE CITY'S HOSPITAL AND FIRE FIGHTING APPARATUS BONDS DATED SEPTEMBER 1, 1947; DEVELOPING AND IMPROVING THE MUNICIPAL FLYING FIELD; ACQUIRING A SITE FOR, CONSTRUCTING AND EQUIPPING A CITY LIBRARY; LEVYING A TAX SUFFICIENT TO PAY THE PRINCIPAL AND INTEREST ON THE BONDS; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY. WHEREAS, the City of Fayetteville is a city of the first class; and ' WHEREAS, by Ordinance No. 1217 there was submitted to the electors of the City the following questions: The issuance of $2509000. of bonds for the purpose of developing and improving the municipal flying field; f The issuance of $225,000. of bonds for the purpose of acquiring the site, constructing and equipping a city library; The issuance of refunding bonds in the amount of $75,000. for the purpose of refunding outstanding bonds of the City's Hospital and Fire Fighting Apparatus Bonds Dated, 1 tember 1, 1947, which refunding bonds will be issued only in the event of the approval the election of bonds for either or both of the above purposes; and L • • X1 I 453 1963 WHEREAS, pursuant to the appropriate provision in said Ordinance 1217 and in the ballot - 20 the bonds have been combined into a single issue of $550,000. and said bonds were 1964 21 offered for sale, after due advertisement as required by law, on the 27th day of 40 209000.00 November, 1959, and at said sale the best bid was par and accrued interest for bonds with 41 Ordinance a net interest cost of 3.735 per cent per annum, which bid was submitted by Dabbs 21,000.00 No. 1226 Sullivan Company and E. L. Villareal & Company of Little Rock, Arkansas; and - (Continued) 21,000.00 1967 83 WHEREAS, the purchasers have prepared a schedule of said $550,000. in bonds with the 103 21,000.00 bonds maturing in the years 1963 to 1980, inclusive, bearing interest at the rate of 104 5 4 per annum; the bonds maturing in 1981 bearing interest at the rate of 3 3/4% per 21,000.00 1969 annum; the bonds maturing in 1982 bearing interest at the rate of 32,% per annum and - 145 the bonds maturing in 1984 and 1985 bearing interest at the rate of 2% per annum, and 1970 IL46 upon examination the Council has determined that with a premium to the City of $825.55 166 21,000.00 the net interest cost of the schedule so prepared is 3.735 per cent per annum; and 167 - WHEREAS pursuant to the authorization in the Notice of Sale the purchaser has elected 21,000.00 1972 to convert the $550,000 of 2%, 32%, 3 3/4°% and 424% bonds to an issue of $5789000 of - 208 2%, 32a%o 3 3/4% and 4% bonds, hereinafter described in detail, and the Council has deter- 1973 209 ined that said conversion is proper and within the provisions of the Notice of Sale and '•_;. 21,000.00 that by virtue of which the City will pay no more and receive no less than it would pay 230 -".251 and receive if the bonds were not converted; 22,000.00 1975 NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Fayetteville, Ark- - 274 ansas: 1976 275 Section 1. That the above described refunding and improvements approved by the 296 249000.00 electors at said special election be made and constructed. 299 - Section 2. That under the authority of the Constitution and laws of the State of 25,000.00 1978 Arkansas, including particularly Amendment No. 13 to the Constitution of the State of -349 Arkansas and Act 103 of the Acts of the General Assembly of the State of Arkandas for 1979 350 the year 1045, the City of Fayetteville General Obligation Refunding and Improvement 376 27,000.00 Bonds are hereby authorized and ordered issued in the total principal amount of 377 - 578,0009 the proceeds of the sale of which are necessary to provide sufficient funds for 292000.00 1981 refunding the City's outstanding bonds dated September 1, 1947, developing and - 435 improving the municipal flying field, and acquiring a site for, constructing and equipping 1982 436 a city library, including necessary expenses incidental thereto and to the issuance of 468 33•1000.00 the bonds, and including an amount sufficient to pay interest on the bonds until tax 469 - collections are available. The bonds shall be numbered consecutively from 1 to 578, 34,000.00 1984 inclusive, and all bonds shall be in the denomination of $1,000, each. - 540 The bonds shall be dated November 19 1959. Bonds Nos. 1 to 166, inclusive, which mature 1985 541 in the years 1963 to 19700 inclusive, shall bear interest at the rate of 32% per annum; 578 389000.00 Bonds Nos. 167 to 229, inclusive, which mature in the years 1971 to 1973, inclusiae, shall bear interest at the rate of 3'3/4% per annum; Bonds Nos. 230 to 376, inclusive, which mature in the years 1974 to 1979, inclusive shall bear interest at the rate of 4% per annum; Bonds Nos. 377 to 502, inclusive, which mature in the years 1980 to 1983, inclusive, -shall bear interest at the rate of 32°% per annum; and Bonds Nos. 503 to 578, inclusive, which mature in the years 1984 and 1985 shall bear interest at the rate of 2% per annum. Interest shall be payable semi-annually on January 1 and July 1 of each year commencing July 1, 1960. 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 First National Bank, Fort Smith, Arkansas. The bonds shall mature on January 1 of each year as follows, but are callable as hereinafter set forth: YEAR BOND NOS. AMOUNT 1963 1 - 20 $209000.00 1964 21 - 40 209000.00 1965 41 - 61 21,000.00 1966 62 - 82 21,000.00 1967 83 - 103 21,000.00 1968 104 5 124 21,000.00 1969 125 - 145 21,000.00 1970 IL46 - 166 21,000.00 1971 167 - 187 21,000.00 1972 188 - 208 219000.00 1973 209 - 229 21,000.00 1974 230 -".251 22,000.00 1975 252 - 274 23,000.00 1976 275 - 296 249000.00 1977 299 - 323 25,000.00 1978 324 -349 26,000.00 1979 350 - 376 27,000.00 1980 377 - 405 292000.00 1981 406 - 435 30,000.00 1982 436 - 468 33•1000.00 1983 469 - 502 34,000.00 1984 503 - 540 38,000.00 1985 541 - 578 389000.00 Section 3. That the bomds shall be executed on behalf of the City by the Mayor and City Tl�erkand shall have impressed thereon the seal of the City. Interest coupons attached to each of the bonds may have the facsimile signature of the Mayor of the City lithographed or printed thereon, which signature shall have the same force and effect as if he had personally signed each of said coupons. Section 4. That the bonds and coupons shall be in substantially the following form: 454 UNITED STATES OF AMERICA STATE OF ARKANSAS rd. No. COUNTY OF WASHINGTON 226 CITY OF FAYETTEVILLE Cont.) _� GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BOND N0. KNOW-ALL MEN BY THESE PRESENTS: That the City of Fayetteville in the County of Washington and State of Arkans acknowledges itself to owe and for value received promises to pay to bearer the sum of ONE THOUSAND DOLLARS in lawful money of the United States of America on the first day of January, 19 and to pay interest hereon at the rate of ( %) per annum from date, semi-annually on January 1 and July 1 of each year, commencing July 1, 1960, upon presentation and surrender of the annexed coupons as they severally become due. Both principal and interest of this bond are hereby made payable at the First National Bank, Fort Smith, Arkansas. This is one of a series of five hundred seventy-eight (578) bonds, aggregating Five Hundred Seventy Eight Thousand Dollars ($57B4O00.00) dated November 1, 1959, and numbered from one (1) to five hundred seventy-eight (578), inclusive, all of like tenor and effect except as to number, rate of interest and maturity, and the bonds are issued for the purpose of refunding the City's outstanding bonds dated September 1, 1947, dev- eloping and improving the municipal flying field, and acquiring a site for, constructin and equipping a city library. This bond and the series of which it forms a part are issued pursuant to and in fu compliance with the Constitution and laws of the State of Arkansas, particularly Amendm No. 13 to the Constitution of the State of Arkansas, Act 103 of the Acts of the General Assembly of the State of Arkansas for 1945 and pursuant to ordinances of the City Counc of said City and an election duly held at which the majority of the legal voters of sai City voting on the question voted in favor of the issuance of the bonds. This bond and the series of which it forms a part are general obligations of the City of Fayetteville Arkansas, payable from the proceeds of a three and one-half (32) mills special tax levied by the City Council under the authority of Amendment No. 13 to the Constitution of the State of Arkansas, and the City of FAyetteville hereby pledges its full faith, credit and taxing powers including the said three and one-half (35) mill special tax, for the payment of this bond and the series of which it forms a part. The City has agreed that all revenues derived from said tax in excess of the amoun necessary to insure the prompt payment of the principal of and interest on the bonds as they mature, and the Paying Agent's fees, must be used to call the bonds of this issue for payment prior to maturity at the times and in the manner provided herein for call and payment prior to maturity. The bonds' of this issue will be callable for payment prior to maturity in inverse numerical order at par and accrued interest from surplus tax collections on any interest paying date. They will be callable in inverse numerical order at par and accrued interest with funds from any source on any interest paying date on or.after January 1, 1965. Notice of the call for redemption shall be published once a week for two (2) weeks in a newspaper published in the City of Little Rock, Arkansas, and having a general circulation throughout 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 interest, provided funds for its payment are on deposit with the Paying Agent at that time. IT -IS HEREBY CERTIFIED, RECITED AND DECLARED that all acts, conditions and things required to exist, happen and be performed, under the Constitution and laws of the Stat of Arkansas, particularly Amendment No. 13 to the Constutution of the State of Arkansas and Act 103 of the Acts of the General Assembly of the State of Arkansas for 1945, prec dent to -and in the issuance of this bond have existed, have happened and have been per- formed in due time, form and manner as required by law, that the indebtedness represent by this bond and the issue of which it forms a part does not exceed any constitutional statutory limitation; and that a tax suffficient to pay the bonds: and interest thereon h been duly levied in accordance with said Amendment No. 13 to the Constitution of the State of Arkansas and made payable annually until all of the bonds and interest thereon have been fully paid and discharged. This bond shall not be valid until it shall have been authenticated by the certifi Cate hereon duly signed by the Merchants National Bank, Fort Smith, Arkansas. IN WITNESS WHEREOF, the City of Fayetteville, Arkansas has executed this bond by t: hands of its Mayor and City Clerk and attested it with its corporate seal and has cause the coupons hereto attached to be authenticated by the facsimile signature of its Mayor all as of the first day of November, 1959. ATTEST: City Clerk (SEAL) CITY OF FAYETTEVILLE, ARKANSAS By Mayor 10i • • • • 4511 (Form of Coupon) ,,v. 4P Ordinance January No. 1226 On the first day of July , 19.= , the City of Fayetteville, Washington County, Arkansas, unless the bond to which this coupon is attached is paid prior thereto (Continued) hereby promises to pay to bearer DOLLARS in lawful money of the United States of America at the office of First National Bank, Fort Smith, Arkansas, being six (6) months' interest then due on its General Obligation Refunding and Improvement Bond, dated November 1, 1959, and numbered CITY OF FAYETTEVILLE, ARKANSAS M (the first coupon will be for eight (8) months' interest) On each bond shall appear the following CERTIFICATE This is to certify that this is one of the five hundred seventy eight (578) bonds the issue mentioned and described within. 41 - Smith, Arkansas 19 THE MERCHANTS NATIONAL BANK FORT SMITH, ARKANSAS Los Section 5. That in order to pay the bonds as they mature, with interest thereon, there is hereby levied upon all taxable real and personal property within the City of Fayetteville, Arkansas, a continuing special tax of three and one-half (32) Mills on eac dollar of assessed valuation to be collected with the taxes collected in the year 1960 and continuing through the year 1985 and as long thereafter as may be necessary to pay the principal of and interest on the bonds authorized by this ordinance, being a sum sufficient to pay the principal of and interest on the bonds as they mature, with more than five per cent (5%) added for unforeseen contingencies; and the City Clerk is directed to transmit a copy of this ordinance to the County Clerk of Washington County, krkansas to the and that said tax may be extended on the tax books of the County and collected annually along with the other taxes until the bonds and interest thereon are paid in full. The City covenants and agrees that all of the revenues from the said Three and one-half (32) mill tax shall be placed in a separate fund which is hereby created an designated "1959 General Obligation Refunding and Improvement Bond Fund", and shall be used solely for the payment of the principal of and interest on the bonds of this issue, and the Paying Agent's fees, as set forth in this ordinance. The amount of said deposit in excess of that insured by the Federal Deposit Insurance Corporation must be continu- ously secured bt[ bonds or other direct or fully guaranteed obligations of the United States of America. The City covenants that all revenues derived from saidspecial tax in excess of the amount necessary to insure the prompt payment of theprincipal of and interest on the bonds as they mature, and the Paying Agent's fees, must be used to call the bonds of this issue for payment prior to maturity at the times and in the manner provided herein for call and payment prior to maturity. Section 6. That for the prompt payment of the bonds of this issue with interest, e C 3EyT yetteville, Arkansas hereby pledges its full faith, credit and taxing wer, including the tax levied in Section 5. Section 7. That in order to pay the principal of and interest on sgid bonds as they tures there are hereby appropriated out of the proceeds of the tax herein levied, and such proceeds be not sufficient, then out of the general revenues of the City, the llowing sums: INTEREST V40" 1960 1961 1962 1963 1964 1965 1966 1967 1968 1969 1970 1971 1972 1973 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 0 1 - 20 20,000.00 21 - 40 20,000.00 41 - 61 21,000.00 62 - 82 21,000.00 83 -103 21,000.00 104 - 124 21,000.00 125 - 145 21,000.00 146 - 166 21,000.00 167 - 187 21,000.00 188 - 208 21,000.00 209 - 229 2j,000.00 230 - 251 22,000.00 252 - 274 232000.00 275 - 298 249000.00 299 - 323 25,000.00 324 - 349 26,000.00 350 - 376 272000.00 377 - 405 299000.00 406 - 435 30,000.00 436 - 468 33,000.00 469 - 502 342000.00 503 - 540 38,000.00 541 - 578 382000.00 42 IN 9,991.25 9,991.25 9,816.25 9,466.25 )9,107.50 8,740.00 8,372.50 8,005.00 7,637.50 7,270.00 6,889.37 6,495.62 6,101.87 5,685.00 5,235.00 4,765.00 4,275.00 3,765.00 3,235.00 2,711.25 2,195.00 1,643.75 1,057.50 570.00 380.00 $13,321.66 9,991.25 9,991.25 9,816.25 9,466.25 9,107.50 8,740.00 8,372.50 8,005.00 7,637.50 7,270.00 6,889.38 6,495.63 6,101.88 5,685.00 5,235.00 4,765.00 4,275.00 3,765.00 3,235.00 2,711.25 2,195.00 1,643.75 1,057.50 570.00 TOTAL $13;321.66 19,982.50 19,982.50 39,632.50 38,932.50 39,215.00 38,480.00 37,745.00 37,010.00 36,275.00 35,540.00 34,778.75 33,991.25 33,203.75 33,370.00 33,470.00 33,530.00 33,550.00 33,530.00 33,470.00 34,422.50 34,390.00 36,287.50 36,115.00 39,140.00 38,380.00 456 Ord. Nol Section 8. That the bonds of 1226 in accordance with the terms set (Cont.) I Ordinance. Ordinance No. 1226 (Conti this issue shall be callable for payment prior to ma out in the face of the bond form in Section 4 of this Section 9. That the Treasurer of the City of Fayetteville, Arkansas is hereby order and directed to place on deposit with First National Bank, Fort Smith, Arkansas, the Paying Agent, at least five (5) days before the maturity date of any bond or interest coupon issued hereunder, an amount from the funds herein.appropriated equal to the amount of such bonds or coupons, for the sole purpose of paying the same, together with the customary Paying Agent's fee. Such deposit shall be at the risk of the City and shall not operate as a payment of the bonds or coupons until so applied. This instruction to the Treasurer is irrevocable and may be enforced by mandamus. Section 10. That First National Bank, Fort Smith, Arkansas, is designated as Payi gent 'TE offers of a majority in value of the outstanding bonds at any time may by nstrument duly executed and recorded in the office of the City Clerk appoint a new aying Agent, who shall have all of the powers of the Paying Agent originally named, a he Paying Agent herein named may resign at any time upon ten (10) days' notice in riting mailed to the City Clerk. In the event of a vacancy in the office of Paying Ag nd the failure of the holders of a majority in value of the outstanding bonds to take he necessary action to appoint a new Paying Agent within thirty (30) days after such acancy occurs, the City shall forthwith designate a new Paying Agent. Section ll.That if default is made and continues for thirty (30) days in the payme f any n Brest coupon, the holder of the bond to which it is attached may declare the ame imm6diately due and payable, and the failure of the holder to exercise this option pon any default shall not be a waiver of his right to exercise the option upon any ubsequent default. Section 12. That when the bonds herein authorized to be executed have been executed y the Mayor and City Clerk and the seal of the City impressed as herein provided, they hall be delivered to the Merchants National Bank, Fort Smith, Arkansas, which shall uthenticate them and deliver them to Dabbs Sullivan Company and E. L. Villareal & Compa ittle Rock, Arkansas, or order, upon payment in cash of the purchase price plus accrued nterest. The accrued interest plus such amount of the proceeds of the sale of the bonds s shall be sufficient to pay the interest on the bonds until proceeds of the special to re available shall be deposited in the "1959 General Obligation Refunding and Improveme and Fund" (heretofore created). The balance of the proceeds of the bonds shall be deposited in trust in a special ccount designated "Refunding and Improvement Fund" and used for no other purpose than aking the improvements authorized hereby and refunding the bonds hereby authorized to b efunded, paying necessary expenses incidental thereto and paying the expenses of issuin he bonds. The City expressly reserves the right to pay into the "Refunding and Improve- ent Fund" out of the first available proceeds of the special tax not required for meeti and principal and interest payments an amount equal to the amount of the proceeds of th onds used to pay interest before the proceeds of the special tax were available. Any nexpended balance remaining in the fund after the completion of said refunding and mprovements may be used to call the bonds of this issue for payment prior to maturity, ut, if not so used, shall be deposited in the "1959 General Obligation Refunding and mprovement Bond Fund". Section 13. That the terms of this ordinance shall constitute a contract between th City of�ayetteville, Arkansas and the holder or holders of the bonds and no variation o change in the undertakings herein set forth shall be made while any of these bonds are outstanding except as hereinafter set forth in this Section 139 and the holder of any bonds may at any time for and on his own behalf or for and on behalf of all bondholders enforce the obligations of the City by a proper suit for that purpose. Subjedt to the terms and provisions contained in this section and not otherwise, th holders of not less than seventy-five per cent (75%) in aggregate principal amount of th bonds then outstanding shall have the right, from time to time, anything contained in this ordinance to the contrary notwithstanding, to consent to and approve the adoption b the City of such ordinance supplemental hereto as shall be necessary or desirable for th purpose of modifying, altering, amending, adding to or rescinding, in any particular, an of the terms or provisions contained in this ordinance or in any supplemental ordinance; provided, however, that nothing herein contained shall permit or be construed as permit- ting (a) an extension of the maturity of the principal of or the interest on any bond issued hereunder, or (b) a reduction in the principal amount of any bond or the rate of interest therein, or (c) the creation of a lien upon or a pledge of revenues other than the lien and pledge created by this ordinance, or (d) a privilege of priority of any bon or bonds over any other bond or bonds, or (e) a reduction in the aggregate principal amo of the bonds required for consent to such supplemental ordinance. Section 14: That the provisions of this ordinance are separable and in the event that any section or part hereof shall be held to be invalid, such invalidity shall not affect the remainder of this ordinance. Section 15. That all ordinances and resolutions and parts thereof in conflict her with are hereby repealed to the extent of such conflict. Section 16. That this ordinance shall not create any right of any characteg and no right of any character shall arise under or pursuant to it until the bonds authorized by this ordinance shall be issued and delivered. Section 17. That it is hereby ascertained and declared that the above described refund ng and mprovements authorized hereby are immediately needed for the preservatioi of the public peace, health, safety and welfare. Said improvements and refunding cannot be carried out without the issuance of these bonds, and, therefore, it is declared that an emergency exists and this ordinance being necessary for the preservation of the public peace, health, safety and welfare shall be in force and take effect immediately upon and after its passage. PASSED THIS 21st day of December, 1959. 1 APPROVED: J�j' / ` ATTEST: :re�1�� � � , GE� AVIS, CITY CLERK C z x •ity • ;d R F, 9 457 Alderman Kent reported that this would be the last regular meeting for Mayor Parish • Coend and he moved to commend Mayor Parish for his splendid cooperation, sincerity, and Mair devotion to duty during his tenure of office for the past two years as Mayor of the Parish. City of Fayetteville, Arkansas. The motion was seconded by Alderman Smith and passed unanimously. There being no further business, Alderman Smith moved to adjourn. The motion was seconded by Alderman Lunsford and passed unanimously, whereupon the Mayor declared the meeting adjourned. APPROVED: J. AUSTIN PARISH, MAYOR ATTEST: 1GEORGICIJ61VAViS2 CITY CLERK First Council Meeting The City Council of Fayetteville, Arkansas, met in regular session on Monday, January ll, during the 11960, at 7:30 P. M. year 1960 Present: Mayor Guy E. Brown, 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 Watts, Fire Chief Burl Skelton, and,Aldermen: Barnhart, Smith, Burgin, Lunsford, Hatfield, Kent, and Walker. Absent: Alderman Ed McClelland. The minutes of the regular meeting on Monday, December 212 1959, were read and approved. Ordinance No. Alderman Smith moved to place the proposed ordinance,which had been left on its first 1227 reading at the last regular Council meeting on December 21, 1959, and entitled, " AN "One Way ORDINANCE A14ENDING SECTION 3 OF ORDINANCE N0. 11119 AS AMENDED BY ORDINANCE N0. 11809 Streets" ESTABLISHING ONE-WAY STREETS, TRAFFIC AND PEDESTRIAN CONTROL LIGHTS AND PARALLEL PARKING; PROVIDING FOR ENFORCEMENT; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS AND FOR OTHER PURPOSEb", on its second reading. The motion was seconded by Alderman Kent and passed unanimously. The ordinance was then read for the second time. Alderman Smith then moved that the rules be suspended and that the ordinance be placed on its third and final reading. The ipotion was seconded by Alderman Walker and passed unanimously, The ordinance was than read for the third and last time. The Mayor then dedlared the ordinance open for discussion. There being no further 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 NO, 1227 AN ORDINANCE AMENDING SECTION 3 OF ORDINANCE N0, 11119 AS AMENDED BY ORDINANCE NO. 1160, ESTABLISHING ONE-WAY STREETS, TRAFFIC AND PEDESTRIAN CONTROL LIGHTS AND PARALLEL PARKING; PROVIDING FOR ENFORCEMENT; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONSI AND FOR OTHER PURPOSES, • Plat Holland Additio Approve IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That Section 3 of Ordinance No. 1111, as amended by Ordinance No. 1180, sed and approved July 23, 1956, as amended by Ordinance No. 1180, passed'an d approved tember 24, 1958, be and the same is hereby amended to read as follows, to -wit: "SECTION 3". In accordance with Sections 1 and 2 above and when properly sign=post fic shall move,only in the direction indicated upon the following parts of streets: Description of Part of Street Center Street from College Avenue to Church Avenue Mountain Street from Church Avenue to College Avenue East Avenue from Mountain Street to Dickson Street Block Avenue from Dickson Street to Rock Street Oakland Avenue from Maple Street to Douglas Street Lindell Avenue from Douglas Street to Maple.Street Direction of Tr„ffic Mov West East North South North South Section 2. All existing ordinances or parts of ordinances of the City of Fayetteville, Arkansas, are hereby repealed insofar as they may be inconsistent with the provisions of this ordinance, and it appearing that this action is necessary to relieve vehicular traffic congestion in the vicinity of the public square and emergency is hereby declared to exist and this ordinance shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED THIS 11th day of January, 1960. ATTEST: APPROVED: ror Attorney J. R. Crocker appeared before the Council with a plat for a subdivision to be known as the HOLLAND ADDITION, which had been discussed at the last regular Council meeting and had also been approved by the Fayetteville Planning Commission. After a brief discussion, Alderman Lunsford moved to accept the plat for the Holland Addition to the City of Fayetteville, Arkansas. The motion was seconded by Alderman Smith and passed unanimously.