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HomeMy WebLinkAbout1962-10-03 MinutesIN WITNESS THEREOF, the parties hereto have caused the foregoing Agreement to be executed on the date fix shown above. CITY OF FAYETTEVILLE, ARKANSAS ATTEST: A Municipal Co poration GEOROZ J. VIS, CITY CLERK By L2!(AIl GUY E. -BROWN, MAYOR ATTEST: TIc Cii;; Olerk read a resoluti.,n frc;L the FAYETTEVILLE,PARKING ASSOCIATION, INC. 0 The City Clerk read a resolution from the Planning Commission requesting authority to hold a public to rezone certain property in the Evelyn Hills Shopping Center area. Alderman Burgin moved to adopt a resolution authorizing the Planning Commission to hold the public as requested. The motion was seconded by, Alderman Short and passed unanimously. solution 2 RESOLUTION 15-62 . tion for BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Planning Commission of the City of Fayetteville, Arkansas, be and they are hereby authoriz to hold a public hearing for the purpose of hearing all interested persons ori the petition to rezone Lot 12 of the Evelyn Hills Addition of the City of Fayetteville, Arkansas, from C-2 Thoroughfare Commerc District to R-4 Multi -Family Residential and Dormitory District, PASSED AND APPROVED this 24th day of September, 1962. APPROVED: A ) ATTEST: GUY E. PROWN, GEORGE J1 DAVIS, CITY CLERK The City Clerk reported that he had received a petition, signed by 85 legal voters, requesting a Referendum vote on Fayetteville City Ordinance No. 1314. No actionwas taken at this time. There being no further business, Alderman Faucette moved to adjourn. The motion was sedonded by Alderman Burgin and passed unanimously, whereupon the Mayor declared the meeting adjourned. ATTEST: GEORGE j7, WZS, CITY CLERK APPROVED: City Council of Fayetteville, Arkansas, met in special session on Wednesday, October 3, 1962, at 1:00 M. CST. at regular meeting place. sent: Mayor Guy E. Brown, City Clerk George J. Davis, City Controller Albert J. Jones, and Aldermen: erne Heflin, Arnold Christie, Earnest Standley, Garland E. Wheeler, Grover C. Thomas, Ellis Burgin, rge Faucette, and Carter Short. � Qi44.�.� Qa�u.�+•+�-�+' ent: None. se of rhe, a. reported reported that the purpose of the meeting was to give consideration to a bond issue for a new ing. !_es Building, New Fire Stations, and lhNraCrltSeoN,fnthe City Hospital; Discuss a resolution endorsing passage of proposed Amendment No. 50 to the Constitution of the State of rkansas; nd a report from the Airport Committee, and that all members of the Council had been notified by U. S. it and by telephone. The Mayor stated that consideration should be given to an ordinance submitting at the general electio ce he question of issuing bonds for the purpose of refunding certain outstanding bonds, acquiring a site for nd constructing and equipping a City Police Facilities Building, acquiring sites for and constructing and quipping buildings for the housing of fire fighting apparatus and the purchase of fire fighting apparatus nd constructing and equipping a nursing home at the existing City Hospital. his was.a matter with which the Council was familiar and after a discussion, Alderman Carter Short intrad n ordinance entitled: "AN ORDINANCE SUBMITTING AT THE GENERAL ELECTION IN THE CITY OF FAYETTEVILLE ON OVEMBER 61 1962, THE QUESTION OF ISSUING BONDS FOR THE PURPOSE OF REFUNDING THE OUTSTANDING BONDS OF THE ITY'S GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS DATED NOVEYMER 1, 1959, ACQUIRING A SITE FOR AND FONSTRUCTING AND EQUIPPING A CITY�gjA yAjp':C01iRT$UILDING, ACQUIRING SITES FOR AND CONSTRUCTING AND EQU PUILDINGS FOR THE HOUSING OF FIRE FIGHTING APPARATUS, AND THE PURCHASE OF FIRE FIGHTING APPARATUS AND CON- PTRUCTING AND EQUIPPING Aw,ExTswsJAx 1V THE EXISTING CITY HOSPITAL, UNDER THE PROVISIONS OF AMENDMENT NO X13 TO THE, CONSTITUTION OF THE STATE OF ARKANSAS; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING fN EMERGENCY", ihd the City Clerk read the ordinance in full. {Aderman Ellis Burgin, seconded by Alderman George Faucette, then moved that the rule requiring the readin f an ordinance in full on three different days be suspended and that the ordinance be placed on its secon e Mayor put the question on the adoption of the motion and the roll being called, the following voted ye" Heflin, Christie, Standley, Wheeler, Thomas, Burgin, Faucette, and Short. ay" None. Thereupon the Mayor declared that at least two-thirds of all members elected to the Council having favor of the motion to suspend the rule, the motion was carried and the rule suspended. The ordinance en read a second time by the City Clerk. M Alderman Ellis Burgin, seconded by Alderman Carter Short, then moved that the rule requiring the readin f an ordinance in full on three different days be further suspended and that the ordinance be placed on ins hird reading. The Mayor put the question on the adoption of the motion and the roll being called, the ollowing voted."Aye!': Heflin, Christie, Standley, Wheeler, Thomas, Burgin, Faucette, and Short. Nay" None. Thereupon the Mayor declared that at least two-thirds of all members elected to the Council having voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended. The ordinance was then read for the third and last time by the City Clerk. Y rman Laverne Heflin, seconded by Alderman Garland Wheeler, moved that the ordinance be adopted. question was put by the Mayor on the adoption of the motion and the roll call being called, the owing voted "Aye" Heflin, Christie, Standley, Wheeler, Thomas, Burgin, Faucette, and Short. d1 None . derman Heflin, seconded by Alderman Earnest Standley, moved that Section 9, the emergency clause, be opted, and on roll call the following voted "Aye" Heflin, Christie, Standley; Wheeler, Thomas, Burgin, ucette, and Short. ay" None. e Mayor thereupon declared the ordinance and the emergency clause adopted and signed the ordinance, wh s attested by the City Clerk and impressed with the seal of the City, and the ordinance was given . 1321. ORDINANCE N0, 1321 No. ORDINANCE SUBMITTING AT THE GENERAL ELECTION IN THE CITY OF FAYETTEVILLE ON NOVEMBER 6, 1962, THE STION OF ISSUING BONDS FOR THE PURPOSE OF REFUNDING THE OUTSTANDING BONDS OF THE CITY'S GENERAL OBLIG N REFUNDING AND IMPROVEMENT BONDS DATED NOVEMBER 1, 1959, ACQUIRING A SITE FOR AND CONSTRUCTING AND IPPING A CITY JAIL AND COURT BUILDING, ACQUIRING SITES FOR AND CONSTRUCTING AND EQUIPPING BUILDINGS F HOUSING OF FIRE FIGHTING APPARATUS, AND THE PURCHASE OF FIRE FIGHTING APPARATUS AND CONSTRUCTING AND IPPING AN EXTENSION TO THE EXISTING CITY HOSPITAL, UNDER THE PROVISIONS OF AMENDMENT NO, 13 TO THE STITUTION OF THE STATE OF ARKANSAS; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN RGENCY. WHEREAS, the City of Fayetteville is a city of the first class; and WHEREAS the City has outstanding an issue of General Obligation Refunding and Improvement Bonds ted November 1, 1959; and WHEREAS, the City Council has determined that it would be in the best interests of the City to uire a site for and construct and equip a City Jail and Court Building at an estimated cost of $225,000 00; acquire sites for and construct and equip buildings for the housing of fire fighting apparatus, and to chase fire fighting apparatus, at an estimated cost to the City of $300,000.00; to construct and equip extension to the existing City Hospital at an estimated cost to the City of $100,000.00(it being templated that an agency of the United States Government will participate in the cost of constructing equipping the said extension); and to refund said outstanding bonds at an estimated cost to the City $465,000.00; which estimates include necessary expenses incidental to the improvements, to the refundin to the issuance of bonds; 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 6, 1962, the question of issuing bonds in the following amounts and for the following specified purposes, to -wit: $225,000.00 for the acquisition of a site for and the construction and equipment of a City Jail and Court Building. $300,000.00 for the acquisition of sites for and the construction and equipment of buildings for the housing of fire fighting apparatus, and the purchase of fire fighting apparatus. $100,000.00 for the construction and equipment of an extension to the existing City Hospital. $465,000.00 for the purpose'of refunding the outstanding bonds of the City's General Obligation efunding and Improvement Bond Issue dated November 1, 1959, which refunding bonds will be issued only in he event bonds are approved for one or all of the purposes above specified. Section 2. That the bonds shall be dated as of the lst day of December, 1962, with interest thereon o be payable semiannually on January 1 and July 1 of each year commencing July 1, 1963, and the bonds hall mature on January 1 of each year as follows, but shall be callable for payment prior to maturity on uch terms as the City may specify in the Notice of public sale of the bonds: YEAR AMOUNT YEAR AMOUNT 1966 $14,000.00 1981 $41,000.00 1967 15,000,00 1982 43,000.00 1968 173000.00 1983 45,000.00 1969 18,000.00 1984 47,000.00 1970 20,000.00 1985 50,000.00 1971 22,000.00 1986 52,000.00 1972 253000.00 1987 54,000.00 1973 273000.00 1988 56,000.00 1974 293000.00 1989 581000.00 1975 313000.00 1990 59,000.00 1976 33,000.00 1991 61,000.00 1977 34,000.00 1992 63,000.00 1978 35,000.00 1993 655000.00 1979 37,000.00 1980 39,000.00 rhe bonds shall be sold at public sale and shall bear interest at such rate or rates as are accepted by th City at the sale and may be sold with the privilege of conversion to an issue bearing a lower rate or rate i�f interest, Any conversion must be upon such terms that the City receives no less and pays no more than t would receive and pay if the bonds were not converted. The conversion shall be subject to the approval f the City Council, the City's fiscal agent and the Paying Agent for the bonds. The $465,000.00 of Refunding Bonds will be issued only in the event the issuance of bonds is approved for one or more of the P poses set forth in Section 1 of this ordinance. If bonds are approved for all of said purposes, the ovement Bonds and the Refunding Bonds will be combined into a single issue with the maturity dates and nts set forth above. In the event bonds are approved for less than all of said purposes, the Improve - t Bonds for the purposes approved and the Refunding Bonds will be issued with the same maturity dates b �or proportionately less amounts. 170 Section 3. The questions shall be placed on the ballot for the election in substantially the form: Vote on measure by placing an 11%11 in the square opposite the measure either for or against: For an issue of bonds in the amount of $225,000.00 for the acquisition of a site for and the ion and equipment of a City Jail and Court Building ------ -------------- Against an issue of bonds in the amount of $225,000.00 for the acquisition of a site for and the construction and equipment of a City Jail and Court Building --------------------------- For an issue of bonds in the amount of $300,000.00 for the acquisition of sites for and the construction and equipment of buildings for the housing of fire fighting apparatus, and the purchase of fire fighting apparatus------------------------------------------------------ FN Against an issue of bonds in the amount of $300,000.00 for the acquisition of sites for and the construction and equipment of buildings for the housing of fire fighting apparatus and the purchase of fire fighting apparatus ---............ -------........ -------------...... u For an issue of bonds in the amount of $100,000.00 for the construction and equipment of an extension to the existing City Hospital(it being contemplated that a grant -will be obtained from an agency or agencies of the United States Government to defray a portion of the cost of such construction and equipment) ----------------------------------------- Against an issue of bonds in the amount of $100,000.00 for the construction and equipment of an extension to the existing City Hospital(it being contemplated that a grant will be obtained from an agency or agencies of the United States Government to defray a portion of the cost of such construction and equipment) ----------------------------------------------------- If bonds for one or more of the above set forth purposes are approved by the electors, they will be combined into one issue together with refunding bonds in the amount of $465,000.00 to refund the outstanding bonds of the City's Refunding and Improvement Bond Issue dated November 1, 1959, which combined issue of bonds will mature serially on January 1 in each of the years 1966 to 1993, inclusi In the event bonds are approved for less than all of said purposes, the improvement bonds for the purposes approved and the refunding bonds will be issued with the same maturity dates but for pfoportionately less amounts. The City Council will levy and there will be collected a continuing annual tax in an amount sufficient to insure the payment of the.principal of and interest on the bon that are issued. The bonds that are issued will bear interest at the rate accepted by the City at the public sale of the bonds and may be sold with the privilege of conversion to a rate or rates of intere lower than the rate accepted by the City. The bonds shall be callable for payment prior to maturity u 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 decl under the law and in the manner now provided for municipal election, so far as the same is applicable, the Mayor of the City of Fayetteville,is hereby authorized and directed to give notice of such election an advertisement published weekly once a week for four times in a newspaper published in the City of Fayetteville, Arkansas, and having a bona fide circulation therein, the last publication to be not less than ten days prior to the date o£tthe blection, and only qualified voters of the City of,Fayetteville, Arkansas, shall have the right to vote at said election on said question. Section 5. That the results of said election shall be proclaimed by the Mayor and his 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 thirty days after thedate 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 State 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 Board of Election (Commissioners so that the necessary election officials and supplies may 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 a City Jail and Court Building, City Fire Stations and Fire fighting apparatus, and an extension to the existing City Hospital, in order to promote and protect the health, safety and welfare of the City and its inhabitants, and that said improvements can be accomplished only by the issuance of bonds. 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 October 3, 1962. ATTEST: GEORGE J0 DA , CITY CLERK �I!GUY ROWN 11 across property. Purchase of Authorize s. tial attorneys to fide Interventio & Interpleader Suit. 0 to borrow $18,500.00 MM Special Attorney A. D. McAllister, Jr., appeared before the Council and reported that the First National Bank of Fayetteville had filed suit against James A. Ulrich and C. R. Cannady d/b/a Cannady Construction Company, Monett, Missouri, who had a contract with the City of Fayetteville, Arkansas, for construction at the Municipal Airport, and that it would be necessary for the City to file an Intervention and Interpleader Suit in connection with this lawsuit. He further reported that a "Clear Zone Easement" across some property lying immediately north of the Airport was necessary and that it could be purchased from the Fayetteville Chamber of Commerce for the sum of $6000:00. After a lengthy discussion, Alderman Wheeler moved to authorize the payment of $6,000.00 to the Fayetteville Chamber of Commerce in exchange for a Clear Zone Easement, satisfactory to the Federal A4iation Agency, over the real estate owned by the Fayetteville Chamber of Commerce and located at the north end of the airport runway. The motion was seconded by Alderman Heflin and passed unanimously. Alderman Short then moved to authorize the Special Attorneys,47ade & McAllister, to file an Intervention and Interpleader Suit in the Circuit Court of Washington County, Arkansas, in the case of First National Bank of Fayetteville, Arkansas, VS James A. Ulrich and C. R. Cannady d/b/a/ Cannady Construction Company, Monett, Missouri, and to take such other legal action as in the opinion of said attorneys may be appropriate to conclude the Fayetteville Airport Project No. 9-03-002-02. The motion was seconded by Alderman Wheeler and payyssed unanimously, Alderman Th6mas then moved that the Ity— ` a2 � be andKfhef i -As hereby authorized to borrow the •SUM of $18,500.00 to pay the obligations of the Airport Projedt No, 9-03-002=02. The motion was seconded by Alderman Short and passed unanimously. Aldermen Burgin and Faucette were excused at this time. Authorize ublica- Alderman Thomas moved to authorize the City Clerk to cause notice to be published of a public hearing tion of notie for to be held on Wednesday, October 10, 1962, ori a petition for a referendum vote on Ordinance No. 1314. public hearing The motion was seconded by Alderman Standley and upon rollcall the following vote was recorded, "Aye" for referendum vote Heflin, Standley, Wheeler, Thomas, and Short. "Nay" Christie. on Ordinanbe There being five Uyes" and only one "Nay", the Mayor declared the motion passed. No. 131 . There being no further business, Alderman Short moved to adjourn. The motion was seconded by Alderman Wheeler and passed unanimously, whereupon the Mayor declared the meeting adjourned. ATTEST: APPROVED: GEORG J. PDAVIS, CITY CLERK GUY E. BROWN, MAYOR The City Council of Fayetteville, Arkansas, met in regular session on Wednesday, October 10, 1962, at 7:30 P. M. Present: Mayor Guy E. Brown, City Clerk George J. Davis, City Controller Albert J. Jones, City Attorney Bass Trumbo, City Engineer W. C. Smith, Chief of Police Hollis Spencer, and Aldermen: Heflin, Christie, Standley, Wheeler, Thomas, Burgin, Faucette, and Short. Absent: Fire Chief Burl Skelton. The minutes of the regular meeting on Monday September 24, 1962, and of the special session on Wednesday, October 3, 1962, copies of which had previously been mailed to each of the Aldermen, were approved as written. The Mayor reported that this was the date, time, and place set for a public hearing on a petition signed Public he ring on by 85 legal voters within the corporate limits of the City of Fayetteville requesting a Special Election a referendim referring Fayetteville City Ordinance No. 1314, Passed and Approved August 27, 1962, to the legal voters petition. of the City of Fayetteville for a vote of approval or rejection.by for Ordin nce The City Clerk reported that he had examined the petition and that it appears to be in the proper form No. 1314, and manner required by law and to contain a sufficient number of signatures to refer Ordinance No. 1314 to a vote of the people. The City Clerk further reported that in the last Mayors General Election there were 123 votes cast in the City and that only 15% of that number was required for a referendum petition. He certified 85 legal signers on this petition. Attorney E. J. Ball, representing the Evelyn Hills Shopping Center, Inc., appeared before the Council and stated that, in his opinion, Ordinance No. 1314 was an Administrative Act of the Council and not a Legislative Act, therefore was not subject to a referendum vote. After a long discussion, the Mayor requested the City Attorney and Alderman Ellis Burgin to callethee Attorney General of the State of Arkansas for his opinion as to whether the Ordinance was Legislative or Administrative before setting a date for a special election. The City Clerk read a resolution from the City Planning Commission requesting authority to hold a public hearing to rezone the Wiggins Memorial Church property. Alderman Short moved to adopt a resolution granting authority to the City Planning Commission as requester The motion was seconded by Alderman Thomas and passed unanimously. Resolution 16-62 RESOLUTION 16T62 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITYYOF FAYETTEVILLE, ARKANSAS: That the City Planning Commission of the City of Fayetteville, Arkansas is hereby authorized to hold a public hearing to study the rezoning of Wiggins Memorial Church Property on West Sixth Street from R-2 Two -Family Residential District to P-lA Special Church District. PASSED AND APPROVED this 10th day of October., 1962. ATTEST: ) APPROVED: GEORGE VIS, CITY CLERK GUY E. BROWN, MAYOR The City Clerk read a resolution from the City Planning Commission requesting the Council to consider Planning of employing outside help for City Planning. Committee to After a brief discussi6n, Alderman Short moved to refer this to the Planning Committee for study as to study question of the feasibility of such planning and an estimate of the planning cost. profess1 1 The motion was seconded by Alderman Christie and passed unanimously. assistant in City Planning.