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HomeMy WebLinkAbout1960-06-27 MinutesThe City Council of Fayetteville, Arkansas, met in regular session on Monday, June 27, 960,at 7:30 P.M. resent: Mayor Guy E. Brown, City Clerk George J. Davis, City Controller Albert J. Jo4es ity Attorney A. D. McAllister Jr., City Engineer W. C. Smith, Chief of Police Pearl Wat nd Aldermen: Barnhart, Smith, Lunsford, Hatfield, Kent, and Walker. bsent: Fire Chief Burl Skelton and Aldermen: Burgin and McClelland. Air -Condition he minutes of the regular session on Monday, June*131 1960, and of the special session &Fayetteville, n Monday, June 20, 1960, were read and approved. Petit on to he City Clerk presented a petition from Mrs. Vera Noll Lewis to close that part of close jortion Vinson Street between North Sequoyah Drive and Maple Street. of Vinson St. After a brief discussion, Alderman Kent moved to refer this to the Planning Commission, referr d to hb,::motion was seconded by Alderman Smith and passed unanimously. Plannig ' Commis on, he Watgr Superintendent reported that the owners of the Evelyn Hills Shopping Center ha requested that the City install the water mains to their building now City to install nder construction, water mains Ie presented a plat showing the location of these lines and explained that it was not th to private olicy of the City to construct water mains on private property for private consumption; owned iowevar, in this case, he recommended that the City make the installations as requested buildi gs in lue to the fact that several meters would be involved and a separate charge would be Evelyn Hills aade on each meter and a separate monthly charge on each of the two fire hydrants which Shoppi g t would be necessary to install. Center, on to lderman Smith moved to accept the recommendation of the Water Superintendent and that impro ihe Water Superintendent be authorized to install the water mains and fire hydrants as Elm Street, requested, provided the owners of record will provide the proper easements. the motion was seconded by Alderman Lunsford and passed unanimously. Air -Condition the City Engineer reported that he had an offer from the Arkansas Western Gas Co., &Fayetteville, Arkansas, for a new furnace for heating and air-conditioning for the main heatin loor of the City Administration Building; also they would furnish two used furnaces, Free of charge, for heating the second floor for the City Library for 18 months at a New fu nate. total cost to the City of 7,343.50, exclusive of the plumbing and wiring which the City ould be requested to install. he City Engineer explained this was the actual cost of the furnace and equipment and o profit whatsoever was included. �e recommended that the City accept this offer. Alderman Hatfield moved to accept the recommendation of the City Engineer and that the ty Engineer be and he is hereby authorized to purchase the furnace and equipment from he Arkansas Western Gas Co., Fayetteville, Arkansas, for the sum of $7,343.50, installer that the City Engineer be further authorized to have the necessary plumbing and tnd iring done incidental to.the completion of the heating and air-conditioning project of he City Administration Building. he motion was seconded by Alderman Barnhart and passed unanimously. 1he Petit on to City Clerk read a petition signed by a large number of citizens residing on Elm impro a Street in the Green Acres Addition to the City of Fayetteville in which they requested Elm Street, hat Elm Street be resurfaced with blacktop as the original surfacing was badly damaged hen the sewer lines were constructed in that area. �fter a long discussion, Alderman Walker moved to refer this to the Street and Sewer Committees, Mayor, City Engineer, and Street Foreman for study and recommendation at the %ext regular Council meeting on Monday, July 119 1960. he motion was seconded by Alderman Hatfield and passed unanimously. Bridge on lderman Smith reported that a bridge was badlyNE64th Street between College Avenue and 7th St, Block Avenue which would cost approximately $3000.00 and that the Street Committee had this bridge be constructed and paid from the Street Funds. derman Smith moved to authorize the construction of a bridge on 7th Street between Aoecommended llege Avenue and Block Avenue as recommended by the Street Committee, according to Tans and specifications furnished by the City Engineer, to cost approximately 1$3000.00 and to be paid from the Street Funds. Phe motion was seconded by Alderman Walker and passed unanimously. Chan a Alderman Smith then moved that the"Stop Sign's on South (3rd) Street at Locust Avenue Stopsign a reversed to cause the traffic to stop on Locust Avenue instead of South Street and on oh hat a "Stop" or 'Yield Sign' be placed on South Street at the Intersection of School Street. venue. The motion was seconded by Alderman Lunsford and passed unanimously. Purchase of The Mayor reported that he had purchased an option to purchase some real estate for Lola llis $12,000.00 from a Miss Lola Ellis, said property being located between the City Police property Station and Church Avenue and immediately south of the East -Vest alley running from Block Avenue to Church Avenue, subject to Council action. The Mayor stated this property was needed by the City for a parking lot for equipment and City employe ea.c:..; ::. After a brief discussion, Alderman Walker moved to exercise the option and purchase the real estate described above from Lola Ellis for the sum of $12,000.00 and that the Mayor and City Clerk be and they are hereby authorized to execute the contract. The motion was seconded by Alderman Hatfield and passed unanimously. The Mayor reported that the FAA, had made a..Grant Offer to the City of $169,510.00 as Grant Offer matching funds for the Municipal Airport (Drake Field) improvements, subject to Council by FAA. approval. After a brief discussion, Alderman Lunsford moved to adoptcatresolution Accepting The Resol tion Grant Offer and Approving and Entering Into Grant Agreement. 11-60, The motion was seconded by Alderman Smith and passed unanimously. RESOLUTION 11-60 ACCEPTING GRANT OFFER ADID APPROVING AND ENTERING INTO GRANT AGREEMENT BE IT RESOLVED by the Mayor and City Council of the City of Fayetteville, Arkansas: 3 J 511! SECTION 1. That the Mayor and City Council of the City of Fayetteville, Arkansas, shall and they do hereby accept a Grant Offer of Federal Funds as made by the Chief, Airports Division, Region II, Federal Aviation Agency, for the purposes therein set out; that said Mayor and City Council do hereby accept all the terms, conditions, and obliga tions therein and thereby imposed and by their acceptance of same do hereby ratify the Project Application, and do hereby acknowledge such instruments as constituting a solemr and binding agreement with the United States Government, for the purpose of obtaining Federal aid in the development of the Fayetteville Municipal Airport and that such agreement shall be set forth hereinbelow. SECTION 2. That the Mayor of the City of Fayetteville, Arkansas, is hereby author- ized and directed to evidence the City's agreement by affixing his signature to such agreement , which is hereby executed in sextuple, and the City Clerk is hereby authoriz and directed to impress the official seal of the City of Fayetteville, Arkansas, thereo and to attest said execution. SECTION 3. That the Grant Agreement referred to hereinabove shall be as follows: FEDERAL AVIATION AGENCY GRANT AGREEMENT Part 1 -Offer Date of Offer Fayetteville Municipal Project No. 9-03-002-6003 Contract No. FA2-1461 20: City of Fayetteville, Arkansas (herein referred to as the "Sponsor' The United States of America(acting through the Federal Aviation Agency; herein referred to as the "FAA") AREAS, the Sponsor has submitted to the FAA a Project Application dated April 27, 196 for a grant of Federal funds for a project for development of the Fayetteville Municipa Airport(herein called the "Airport"), together with plans and specifications for such project, which Project Application, as approved by the FAA is hereby incorporated herei and made a part hereof; and WHEREAS, the FAA has approved a project for development of the Airport(herein called "Project") consisting of the following -described airport development: Acquire land (fee simple title or other property interests satisfactory to the Adminis- trator in and to those portions of Area B as shown on Map Exhibit "A" situated in the NE4 of the NW4 and in the W2 of the NE4, Section 9, T15N, R30W); strengthen existing NIS; construct and light 1200' x 100' extension to NIS runway and construct parallel taxiway extension; perform approach clearing to south approach; construct FSS Building quarters; construct perimeter fence. (The airport development to be accomplished, herei described, is in addition to that contemplated or accomplished under the Grant Agreemen between the Sponsor and the United States for Projects Nos. 9-03-002-701 and 9-03-002-5 all as more particularly described in the property map and plans and specifications incorporated in the said Project Application; NOW THEREFORE, pursuant to and for the purpose of carrying out.the provisions of the Federal Airport ACt, as amended (49 U.S.C. 1101), and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances con- tained in said Project Application, and its acceptance of this Offer as hereinafter pro vided, 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 herei provided, THE FEDERAL AVIATION AGENCY, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States' share of the allowable costs incurred i accomplishing the Project, per centum of all allowable project costs. This Offer is made on and subject to the following terms and conditions: 1. The maximum obligation of the United States payable under this Offer shall be $169,510.00 2. The Sponsor shall: (a) begin accomplishment of the Project within 120 days after acceptance of this Offer or such longer time as may be prescribed by the FAA, with failure to do so constituting just cause for termination of the obligations of the United States hereunder by the FAA; (b) Carry out and complete the Project without undue delay and in accordance with the terms hereof, the Federal Airport Act, and Sections 550.7 and 550.8 of the Regulations of the Federal Aviation Agency (14 CFR 550) in effect as of the date of acceptance of this Offer; which Regulations are hereinafter referred to as the "Regulations". (c) carry out and complete the Project in accordance with the plans and specificat and property map, incorporated herein, as they may be revised or modified with the approval of the FAA, or his duly authorized representative. 3. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under Section 550.4 (a) of the Regualtions. RESOLUTION 11-60 (Continued) 4. Payment of the United States' share of the allowable project costs will be made pursuant to and in accordance with the provisions of Section 550.9 of the Regulations. Final determination as to the allowability of the costs of the pro jject will be made at the time of the final grant payment pursuant to Section 550.9(d) of the Regulations: Provided,that, in the event a semi-final grant payment -is made pursuant to Section 550.9 (c) of the Regulations, final determination as to the allowability of those costs to which such semi-final payment relates will be made at the time of such semi-final payment. 5. The Sponsor shall operate and maintain the Airport as provided in the Project Application incorporated herein. 6. The FAA reserves the right to amend or withdraw this Offer at any time prior to ii acceptance by the Sponsor. 7. This Offer shall expire and the United States shall not be obligated to -nay any part of t1m costs of the Project unless this Offer has been accepted by the Sponsor on or before June 30, 1960, or such subsequent date as may be prescribed in writing by the FAA. 8. 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. 9(a) The Sponsor%hereby covenants and agrees that it will not advertise for bids, award any contract or commence construction for the items of airport development to be accomplished under this project until it has submitted final plans and specifications satisfactory to the Administrator and such plans and.specifieatiom have been approved; and it is further understood that the United States will not make nor be obligated to make any payment for such items of airport development under this Grant Agreement until the Sponsor has submitted such plans and specifi• cations and they have been approved as herein provided. The Sponsor further covenants and agrees that it will submit said final plans and -specifications to t] Administrator on or before 60 days from the date of this Agreement. 9(b) It is understood and agreed that no construction work shall be commenced under this project on Area B, as shown on Exhibit "A", unless and until the Sponsor has demonstrated that it holds fee simple title to those portions of Area B which are situated in the NE -41 of the NW and in the W2 of the NE4, Section 9, T15N2 WW, free and clear of all exceptions, encumbrances, or adverse interests which, in the opinion of the Administrator, would interfere with the use or operation of the airport. 9(c) Notwithstanding any other indications to the contrary in map Exhibit "A" to the Project Application, it is hereby expressly understood and agreed by the parties hereto that that portion of Area B situated in the SE1 of the NWT pf Section 9 in addition to the whole of Area D are excluded from the operation of all Sponsor's Assurances under the said Project Application as well as from inclusion in the Federal share of eligible costs under this project. 9(d) It is hereby understood and agreed by the parties hereto that the United States will not make nor be obligated to make final payment under this Grant Agreement until the Sponsor has furnished evidence satisfactory to the Administrator, that the airport zoning ordinance enacted by the Sponsor has been amended to provide fo) rezoning of the runway approaches in accordance with criteria as established under Technical Standard Order N-18; such rezoning being necessary by reason of the extension of the NIS runway under this project. 9(e) The terms "Administrator of Civil Aeronautics", "Administrator", "Civil Aeronau• tics Administration", "Department of Commerce", and "CAA", wherever they appear 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 Aviatioi Agency ar the Administrator thereof, as the case may be. 9(f) The first sentence of Paragraph 3 of the Sponsor's Assurances contained in 11 Part III of the Project Application shall be considered amended by deleting the words "Section 303 of the Civil Aeronautics Act of 1938, as amended" and substitut. therefor the words "Section 308(a) of the Federal Aviation Act of 1958 (72 Stat. 750)". 9(g) The Sponsor hereby covenants aril agrees that it will acquire within a reasonable time fee simple title to those portions of Area B which are situated in the NE4 of _ NWT and in the W3 of the NE',, Section 9, T15N,. R30W, as shown on Exhibit "A", free and clear of all exceptions, encumbrances, or adverse interests which, in the opinion of the Administrator, would interfere with the use or operation of the airport. The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and said Offer and Acceptance shall comprise a Grant Agreement, as provided by the Federal Airport Act, constituting the obligations and rights of the United States and the Sponsor with respect to the accomplishment of Project and the operation and maintenance of the Airport. Suth Grant Agreement shall b ecome effective upon the Sponsor's acceptance of this Offer and shall remain in full force and effect throughout the useful life of the facilities developed under the Project but in any event not to exceed twenty years from the date of said acceptance. UNITED STATES OF AMERICA FEDERAL AVIATION AGENCY By (s) George E. Garanflo ( i e Chief, Airports Division Region II _ � ✓ T ✓tel'• ... f: R 11 ION 11-60 (C Part II -Acceptance he City of Fayetteville, Arkansas, does hereby ratify and adopt all statements, repre- entations, warranties, covenants, and agreements contained in the Project Application nd incorporated materials referred to in the foregoing Offer and does hereby accept said ffer and by such acceptance agrees to all of .the terms and conditions thereof. xecuted this 27th day of June, 1960 CITY OF FAYETTEVILLE, ARKANSAS (Seal) Name ofon r �.'' i ttest : �� By Oi('1. l_Mu Title: Cit" Clerk Title Mayor ATE OF SPONSOR'S ATTORNEY I, A. D. McAllister Jr., acting as Attorney for the City of Fayetteville, Arkansas, (herein referred to as the it do hereby certify: That I have examined the foregoing Grant Agreement and the proceedings taken by said ponsor relating thereto, and find that the Acceptance thereof by said Sponsor has been my authorized and that the execution thereof•is in all respects due and proper and in ccordance with the laws of the State of Arkansas, and further that, in my opinion, sai rant Agreement constitutes a legal and binding obligation of the Sponsor in accordance ith the terms thereof, ated at Fayetteville, Arkansas,�th s 29th day of June, 1960. By Title: Special.Attorneys ASSED AND APPROVED by a majority vote of the City Council of the City of Fayetteville, .rkansas, and approved by me this 27th day of June, 1960. APPROVED: /A/1 .TTEST : \ UY - hVe 13HOWNs MAYOR GEO . DAVIS, ovily.`CLERK 'here being nogfurther business, Alderman Kent moved to adjourn. The motion was seconded iy Alderman Hatfield and passed unanimously, whereupon the Mayor declared the meeting .djourned. • APPROVED: TTEST: GEU(Wkj�Xs VAVIU, CITY CLERK 3. The proposal by the City to furnish concrete curb and gutter for $1.00 per proper foot with no thought being given to first establishing a design standard and at least minimum plans and specifications to insure installations of good quality. Also objected to is the proposed use of a steel wheel, self -powered roller, belonging to the City, fo compacting fills prior to installation of curb and gutter. Such a machine is not design for, and will be abused by such usage, in addition to the fact that compaction in deep fills can never be obtained with it. 4. The use of City forces and equipment to surface private driveways and parking lot This places a Municipal Government in direct competition with private enterprise, and i objected to on this basis. 41 The City Council of Fayetteville, Arkansas, met in regular session on Monday, July 11, Regular 1960, at 7:30 P.M. Meeting. 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 Wat and Aldermen: Barnhart, Smith, Burgin, Lunsford, McClelland, Hatfield, and Kent. Absent: Fire Chief Burl Skelton and Alderman Bryan Walker. The minutes of the regular meeting on Monday, June 27, 1960, were read and approved. Discussion A long discussion was had concerning the repairing of the streets which had been cut and on l torn up by the Sewer Contractors (Forsgren Brothers) during the construction of the sewe Street lines in the City. fair. Forsgren Bros. had included the cost of repairing the streets in their contract and to repair them in such a manner as'to leave them in as good shape as before being cut or broken for the sewer lines. The Mayor reported that Forsgren Bros. had agreed to pay the City the amount allowed in their contract which was $3.70 and $4.00 per cubic yard for the repair work and that the City could do the necessary repair work with this money. No action was taken at this time but Alderman McClelland reported that he wished to go o Objections record as being opposed to the action being taken by the City on repairing city streets of and the City's Street Program (both of which are being done without City Council approvs Alderman as follows: / McClelland 1. Taking over the repair of street cuts made.by the sewer contractor, which may, in on Street effect, release the contractor from maintaining streets for one year as required by thei pr gram contract. 2. The paving of any and all City Streets for 60¢ per property foot without first establishing "Truck prohibited°areas. 3. The proposal by the City to furnish concrete curb and gutter for $1.00 per proper foot with no thought being given to first establishing a design standard and at least minimum plans and specifications to insure installations of good quality. Also objected to is the proposed use of a steel wheel, self -powered roller, belonging to the City, fo compacting fills prior to installation of curb and gutter. Such a machine is not design for, and will be abused by such usage, in addition to the fact that compaction in deep fills can never be obtained with it. 4. The use of City forces and equipment to surface private driveways and parking lot This places a Municipal Government in direct competition with private enterprise, and i objected to on this basis. 41