HomeMy WebLinkAbout1963-01-14 MinutesThe City Council of Fayetteville, Arkansas, met in regular session on Monday, January 14, 1963, at 7:30 P M.
AN ORDINANCE ACCEPTING TERRITORY ANNEXED TO THE CITY OF FAYETTEVILLE) ARKANSAS, By ORDERS OF THE COUNTY
COURT OF WASHINGTON COUNTY) ARYNASAS, ASSIGNING SAID TERRITORY TO WARDS AND FOR OTHER PURPGSES:
:•1HERE.AS,on the 20th day of September, 1962, Julius Hellums, Elizabeth Hellums, W. H. Falls, Surviving
Spouse of Nettie Falls and Esse 0. Cornett filed their petition to annex certain territory to the City
of Fayetteville, Arkansas, in the County Court of Irlashington County, Arkansas, and thereafter on the
1st day of November, 1962, the County Court entered an order annexing said territory to the City of
Fayetteville, Arkansas; and
WHERE4S, The County Court of Washington County, Arkansas, has entered its order confirming the Proceeding
in the County Court with respect to annexation of the territory hereinafter described,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the following described real estate described in said order of the County Court of
Washington County, Arkansas, entered on the 1st day of November, 1962, be and the same is hereby accepted
annexed to and made a part of the City of Fayetteville, Arkansas, as follows, to -wit: i
A tract of land being a part of the PD[ 1/4 of the SW 1/4 of Fractional Section further being a part
of Evins Farm Subdivision as per plat recorded March 22, 1907, on page 53 of plat book in the office of
the Circuit Clerk and Ex -Officio Recorder for Washington County, Arkansas; and also being a part of the
E 1/2 of the SE 1/4 of Stiction 5; Township 16 North, Range 30 West of the 5th Principal I•;eridian, said
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Present: Mayor Guy E. Brown, City Clerk George J. Davis, City Controller Albert J. Jones, City Attorney
Aviation & Civil Defense Carter Short, Laverne Heflin, Arnold Christie, Ernest Standley
Bass Tpmbo, City Engineer W. C. Smith, Ahief of Police Hollis Spencer, Fire Chief Burl Skelton, and
Police & Fire George Faucette, G. E. Wheeler, Carter Short.
Aldermen: Christie, Wheeler, Thomas, Burgin, Faucette, and Short.
Absent: Alderman Ernest Standley.
Absent at roll call but Fater entering: Alderman Heflin.
Building, Insurance & Ordinance Ellis Burgin, G. E. Wheeler, Ernest Standley, Carter Short.
The minutes of the regular meeting on Monday, December 17, 1962, and of the special session on Friday,
Street & Street Lighting Arnold Christie, Ellis Burgin, G. E. Wheeler.
January 11, 1963, a copy of which had been previously mailed to each of the Aldermen, were approved as
Parks, Shop & Sanitation Laverne Heflin, Ernest Standley, G.C.Thomas, Arnold Christie,
written.
Attorney A. D. McAllister,Jr., appeared before the Council and,at the request of the Council, read a
Alderman Burgin reported that the City Council Planning Committee had studied the request of Mr. Nonnamak
r
Refer the
request
for a review of the City Planning Commission's decision in refusing him a building permit which the
1330
of Nonnamak
r to
Planning Commission felt was in conflict with the City Subdivision Regulations Ordinance.
Planning C
mmission.
The Planning Committee feels there might have been an error in the plat presented to the Planning Commiss.
Alderman Burgin moved that the rule be suspended and that the ordinance be placed on the third and final
ion and they recommended that this be referred back to the Planning Commission for further study.
The motion was seconded by Alderman Thomas and passed unanimously.
Alderman Burgin then moved that the request of Mr. Nonnamaker for a building permit be referred back to
The Mayor then declared the ordinance open for discussion. There being no discussion, the Mayor asked the
the Planning Commission for further study.
question, "Shall the Ordinance pass?"
The motion was seconded by Alderman Thomas and passed unanimously.
Effort. "Nay" None.
The MayBr reported that Dr. George V. Harris had requested a variance to the Zoning Ordinance on property
Refer request
of
located at 542 Gunter St, to be used for a Doctor's office.
ORDINANCE NO. 1330.
Dr. Harris
o
After a long discussion, Alderman Burgin moved to refer the request of Dr. George V. Harris for a variant
Planning ComiLission.
from the Zoning Ordinance for a doctor's office in a building located at 542 Gunter St. to the Planning
Commission with the request for immediate action at their meeting on Tu6sday, January 15, 1963, either
by rezoning or amending the Zoning Ordinance.
The motion was seconded by Alderman Short and passed unanimously.
The Mayor announced that the Standing Committees for the year of 1963 were to be as follows with the firs
Standing Committees
named Alderman in each case to be chairman:
for 1963
Committee Aldermen
Auditing & Finance Carter Sort, Ellis Burgin, George Faucette
AN ORDINANCE ACCEPTING TERRITORY ANNEXED TO THE CITY OF FAYETTEVILLE) ARKANSAS, By ORDERS OF THE COUNTY
COURT OF WASHINGTON COUNTY) ARYNASAS, ASSIGNING SAID TERRITORY TO WARDS AND FOR OTHER PURPGSES:
:•1HERE.AS,on the 20th day of September, 1962, Julius Hellums, Elizabeth Hellums, W. H. Falls, Surviving
Spouse of Nettie Falls and Esse 0. Cornett filed their petition to annex certain territory to the City
of Fayetteville, Arkansas, in the County Court of Irlashington County, Arkansas, and thereafter on the
1st day of November, 1962, the County Court entered an order annexing said territory to the City of
Fayetteville, Arkansas; and
WHERE4S, The County Court of Washington County, Arkansas, has entered its order confirming the Proceeding
in the County Court with respect to annexation of the territory hereinafter described,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the following described real estate described in said order of the County Court of
Washington County, Arkansas, entered on the 1st day of November, 1962, be and the same is hereby accepted
annexed to and made a part of the City of Fayetteville, Arkansas, as follows, to -wit: i
A tract of land being a part of the PD[ 1/4 of the SW 1/4 of Fractional Section further being a part
of Evins Farm Subdivision as per plat recorded March 22, 1907, on page 53 of plat book in the office of
the Circuit Clerk and Ex -Officio Recorder for Washington County, Arkansas; and also being a part of the
E 1/2 of the SE 1/4 of Stiction 5; Township 16 North, Range 30 West of the 5th Principal I•;eridian, said
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Planning Ellis Burgin, Arnold Christie, G. E. Wheeler, George Faucette
Aviation & Civil Defense Carter Short, Laverne Heflin, Arnold Christie, Ernest Standley
Police & Fire George Faucette, G. E. Wheeler, Carter Short.
hospital & Library G. C. Thomas, George FAucette, Laverne Heflin.
Building, Insurance & Ordinance Ellis Burgin, G. E. Wheeler, Ernest Standley, Carter Short.
Street & Street Lighting Arnold Christie, Ellis Burgin, G. E. Wheeler.
Water & Sewer G. E. Wheeler, Arnold Christie, E1fisrBurgin, G.C.Thomas, Laverne Hellin
Parks, Shop & Sanitation Laverne Heflin, Ernest Standley, G.C.Thomas, Arnold Christie,
Attorney A. D. McAllister,Jr., appeared before the Council and,at the request of the Council, read a
proposed ordinance which had been left on the first reading at the regular meeting of the Council on
Ordinance
No.
December 17, 1962, entitled, "AN ORDINANCE ACCEPTING TERRITORY ANNEXED TO THE CITY OF FAYETTEVILLE,
1330
ARKANSAS, BY ORDERS OF THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS, ASSIGNING SAID TERRITORY TO WARDS
Accepting
AND FOR OTHER PURPOSES".
Annexation
Alderman Burgin moved that the rule be suspended and that the ordinance be placed on the third and final
reading.
The motion was seconded by Alderman Thomas and passed unanimously.
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" Christie, Wheeler*) Thomas, Burgin, Faucette, and
Effort. "Nay" None.
There being six "Ayes" and no "Nays", the Mayor declared the Ordinance passed.
ORDINANCE NO. 1330.
AN ORDINANCE ACCEPTING TERRITORY ANNEXED TO THE CITY OF FAYETTEVILLE) ARKANSAS, By ORDERS OF THE COUNTY
COURT OF WASHINGTON COUNTY) ARYNASAS, ASSIGNING SAID TERRITORY TO WARDS AND FOR OTHER PURPGSES:
:•1HERE.AS,on the 20th day of September, 1962, Julius Hellums, Elizabeth Hellums, W. H. Falls, Surviving
Spouse of Nettie Falls and Esse 0. Cornett filed their petition to annex certain territory to the City
of Fayetteville, Arkansas, in the County Court of Irlashington County, Arkansas, and thereafter on the
1st day of November, 1962, the County Court entered an order annexing said territory to the City of
Fayetteville, Arkansas; and
WHERE4S, The County Court of Washington County, Arkansas, has entered its order confirming the Proceeding
in the County Court with respect to annexation of the territory hereinafter described,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the following described real estate described in said order of the County Court of
Washington County, Arkansas, entered on the 1st day of November, 1962, be and the same is hereby accepted
annexed to and made a part of the City of Fayetteville, Arkansas, as follows, to -wit: i
A tract of land being a part of the PD[ 1/4 of the SW 1/4 of Fractional Section further being a part
of Evins Farm Subdivision as per plat recorded March 22, 1907, on page 53 of plat book in the office of
the Circuit Clerk and Ex -Officio Recorder for Washington County, Arkansas; and also being a part of the
E 1/2 of the SE 1/4 of Stiction 5; Township 16 North, Range 30 West of the 5th Principal I•;eridian, said
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Ur(inance
No 1331
tract of land being more particularly described as follow: Beginning at a point 104.0' South of the
Northwest Corner of the SW 1/4 of the Fractional Section 4 mentioned above; thence South 1216.0' to the
South line of the NW 1/4 of said SY! 1/4; said line also being the South line of Lot 5, Evins Farm;
thence N 890 39' E, along said quarter -quarter line, 660.0' to the Southeast corner of the SW 1/4 of
the NW 1/4 of the SW 1/4 of above described Section Four, said point also being the South-east Corner
of Lot 5, Evins Farm; thence North, Along quarter -quarter line, 660.0' to the Northeast Corner of the
S',•1 1/4 of the NW 1/4 of the S1K 1/4 of above described Section Four; said point also being the Northeast
Corner of_Lot,5, Evins Farm; and the Southeast Corner of Lot 4, Evins Farm; thence N 0/0 16' W along
quarter -quarter line, 556.0''; thence S 890 39' W, 661.5' to the point of beginning. The tract also
includes the full right of way of State Highway 112 located along the west line of the above described
land. All of the above described lands, containing in the aggregate 19.29 acres, more or less.
Section 2. That said above described real estate re and the same is hereby assigned to and made a
part of Ward 4 of Fayetteville, Arkansas,
Section 3. It appearing that residents within said above described territory are in urgent need of
facilities which the City of Favettevilie, Arkansas, is in a position to provide; an emergency is
hereby declared to exist and this ordinance shall be in full force and effect and after its passage
and approval.
PASSED AND APFROVED this '14th day of January , 1963.
ATTEST:
GEORG AVI ,.CITY CLERK
APPROVED:
� kn�
GUY E. P, .0:•IIv, NAYGR
The Building Inspector presented the pettinnof Carl Tome to rezone certain �roperty on North College
Avenue. After a brief discussion Alderman Short introduced a proposed ordnance which was read in its
entirety for the first time by the City Attorney entitled, "AN ORDINANCE APItNDING ZONING ORDI14ANCE NO.
1239 AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED MAY 285 1962, TO REZONE
CERTAIN REAL ESTATE FROM R -1B SINGLE FAXILY RESIDENTIAL DISTRICT TO C-2 THOROUGft 'j"ARE COMiRERCIAL DISTRIC
Alderman Burgin moved that the rule be suspended and that the ordinance be plAced on the second reading
the motion was seconded by Alderman Thomas and passed uhanimously. The ordinance was then read for
the second time. Alderman Burgin then moved that the rule be further suspended and the ordinance placed
on the third and final reading. The motion was seconded by Alderman Thomas and passed unanimously.
The ordinance was read for the third and last time.
The Mayor then declared the ordinance open for discussion. There being no discussion, the mayor asked
a question , "Shall the ordinance passy'"
Upon roll call the following vote was recorded "Aye" Chritre, Wheeler, Thomas, Burgin, Faucette, and
Short. "ivay" NRne.
There being six "Ayes" and no "Nays", the mayor declared the ordinance passed.
ORDINANCE 140. 1331
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239 AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARK.
AFPROVED MAY 28, 1962, TO REZ014E CERTAIN REAL ESTATE FROM R -IB SINGLE FAMILY RESIDENTAIL DISTRICT TO
C-2THOROUGHFARE COINERCIAL DISTRICT.
WHEREAS, a public hearing was held before the Planning Commission of the City of Fayetteville,
Arkansas, on January 3, 1963, on the petition of Carl Tune requesting that said
Planning Commission recommend to the City Council of the City of Fayetteville, Arkansas, that said
City Council enact an ordinance rezoning the west part of the following described - property which is
not already zoned C-2 Thoroughfare Commercial, to -wit: Part of the west half of the northwest fractio:
quarter of Section 3 in Township 16 North, Range 30 West, more particularly described as beginning at
the Southeast corner of said West half of the Northwest ''quarter; thence '.lest 336.2 feet to the West
line of right-of-way of U. W. Highway 71 for a beginning corner; thence West 556.8 feet; thence North
385.44 feet; thence East 417.1 feet; thence South with the West line of the T. N. Wester Tract, 231
feet; thence East 164.34 feet; to the West line of the right-of-way of U. S. Highway 71; thence
Southwest with said West line of U. S. Highway 71 to the place of beginning, containing 4.26 acres
more or less, from R -1B Single Family Residential District to C-2 Thoroughfare Commercial District,
and
WHEREAS, notice of said public hearing, setting forth the date, time, place, and purposes of
hearing, setting forth the date, time, place, and purposes of hearing, and location of property was
published in the Northwest Arkansas rimes, a newspaper of general circulation in said City, more than
15 days prior to said public hearing, and
WHEREAS, following said public hearing, said Planning Commission certified to the City Council
of the City of Fayetteville, Arkansas, its recommendation that an ordinance be adopted rezoning the
west part of the above described property not already zoned C-2 Thoroughfare Commercial District, from
R-lB Single Family Residential to C-2 Thoroughfare Commercial District;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Crdinance No
1331
Continued
nam
SECTION 1. That the West part of the above described property not already zoned C-2 Thoroughfare
Commercial District, which is presently zoned as R -1B Single Family Residential District be, and
the same is hereby rezoned to C-2 Thoroughfare Commercial District.
SEC'TICN 2. That all Ordinances or parts of ordinances in conflict herewith are hereby repealed,
and this ordinance shall be in full force and effect from and after its passage, approval, and
publication.
PASSED AND APPROVED this 14th day of January 1963,
APPROVED:
GUY E. BR N, MAYOR
ATTEST: i
GEORGE J. AV ,V CA-��RK
Alderman Wheeler reported that Gordon Nihoon had requested a road easement from his house at Lake
Sequoyah across City Property to the County road.
Alderman Wheeler moved to grant an easement to Gordon Xhoon for an outlet road from his home to the
Co}
•scr�my }ad across the Cjt« P opt y at Lake Sequoyah, near th boat docks.
,� �--- .�•� �
Alderman Bergin moved that the city enter into a contract erith W. R. Holway & Associates , Consulting
Engineers, Tulsa, Oklahoma to prepare plans and specifications for and take bids for
' �'C�+ n-+' Iac warn d.f.��^$'i'ia'F*�t-Li+Aa� and CSP ,,•••,,•�• .
1=
a. 700 HP Pump at Lake Sequoyah Pump Station.
b. Construction of overhead beams and hoist for quick removal of motors and pumps at Lake Sequoyah
Pump Station.
C, Grouting of opening in rock formation under main section of Lake Sequoyah Dam.
d. Installation of three new chemical feeders at Pit. Sequoyah Filter Plant.
The motion was seconded by Alderman Wheeler and passed unanimously.
Alderman Heflin entered at this time and was noted by the clerk.
Alderman Thomas moved to enter into a contract with consulting Engineer L. M. McGoodwin & Associates tO
i and prepare plans to serve and industrial site in the Southwest part of the City with sewer facilities.
n,, The motion was seconded by Alderman Bergin and passed unanimous/�.
r_ C1,V
The City Attorney read an ordinance which was left on the second reading at the special meeting
on Friday, January 11, 1963.,_:or the third and last time entitled, "AN ORDINANCE AUTHORIZING A CONTRACT
BY AND BETgCtEN THE CITY AND BEAVER, WATER DISTRICT OF BENTCN AND ''WASHINGTON COUNTIES, ARKANSAS IN
SUBSTANTIALLY THE FORM AND iII^1H SUBSTANTIALL%- THE CCNTENT'S SET FORTH IN AND MADE A PART OF THIS
ORDINANCE; AUTHORIZING THE =, CUTI(N AND DELIVERY OF SAID CONTRACT; PRESCRIBING OTHER IvITTERS
RELATING THERETO; AND DECLARING AN E-ERGENCY."
The mayor then declared the ordinance open for discussion.
There being no fuer discussion,the Mayor asked a question, " Shall the ordinance pass'"
Upon roll call the following vote was recorded: "Aye" Hejgin, Chorstie , Wheeler, Thomas, Burgin,
Faucette, Short. "Nay" none. There being seven "Ayes" and no "Nays" the I✓ayor declared the Ordinance
passed.
Alderman Short then moved that the emergency clause be adopted. The motion was seconded by Alderman
Wheeler and passed unanimously.
ORDINANCE NO. 1332
AN ORDINANCE AUTHORIZING A CONTRACT BY AND B iviT01 THE CITY AND BEAVER WATER DISTRICT OF BENTON AND
WASHINGTON COUNTIES) ARKANSAS IN SUBSTANTIALLY THE FORM AND WITH SUBSTANTIALL` THE CONTENTS SET FORTH
Ordinance IN AM MADE A PART OF THIS ORDINANCE; AUTHORIZING THE EXECUTION AND DELIVERY OF SIAD CONTRACT;
No. 1332 PRESCRIBING OTHER BATTERS RELATING THERETO; AND DECLARITWG AN EMERGEi'Cv.
BE IT ORDAINED by the City Council of the City of Fayetteville, Arkansas:
Section 1. That there be, and there is hereby, authorized the execution and delivery of a Contract by
and between the CITY OF FAYETTEVILLE, ARKANSAS (herein called the "City" and BEAVER WATER DISTRICT OF
BENTON AND WASHINCTCN COUNTIES) ARKANSAS, in substantially the form and with substantially the contents
here -after set forth, and the Mayor and City Clerk be, and they are hereby, authorized to execute,
acknowledge and deliver said Contract for and on behalf of the City. The form and contents of the
said Contract, w1rich are hereby approved and which are made a part hereof, shall be substantially as
follows:
CONTRACT
THIS CONTRACT entered into by and between the CIT`' OF FAYETTEVILLE, ARKANSAS (hereinafter called
"City"), acting by and through its Mayor and City Clerk, duly authorized so to act, and PEAVER WATER
:dATER •DISTRICT (hereinafter called "District"), a duly organized and existing regional water distri-
bution district under the laws of Arkansas consisting of Benton and Washington Counties, Arkansas,
acting by and through its Board of Directors, duly authorized so to act,
W I T N E S S E T H:
WHERE A.S the District has entered into a firm contract with the United States Corps of Engineers for
the inclusion of 35,000,000 gallons per day of industrial and domestic water storage in Beaver Dam
Reservoir; and
WIiL4EAS in order to insure its financial ability to discharge its obligations under said contract with
the Corps of Engineers, the District proposes to enter into similar contracts with the Cities of
Springdale, Fayetteville, Rogers and Bentonville, which in the aggregate will call for sufficient
revenues to permit the District to discharge its contractual obligations with the Corps of Engineers;
I
No.
1332
inued
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein set forth, and for
other valuable considerations, the receipt of which is hereby acknowledged, the City and the District
AGREE as follows:
1. The City agrees to pay to the District, solely from revenues derived from the operation of the
City's Waterworks System, the sum of $20,000 per annum for a period of fifty years, with the first
annual payment to commence on the date the United States Corps of Engineers notifies the District in
writing that said 35,000,000 gallons of domestic and industrial water are,tored in the Beaver Dam
Reservoir and are ready for use. -
2. The District will deliver.good title to the City to 11,000,000 gallons per day water storage, and
title to said water storage right s shall continue in the City.
3. In the event an additional 85,000,000 gallons per day of industrial and domestic water are included
and stored in the Beaver Dam Reservoir (That is, in addition to the 35,000,000 gallons per day above
referred to), the City shall have the right to purchase from the District additional gallonage per day
of water storage rights up to the amount of,;�� gallons per day of said additional 85,000,000
gallons per day of water storage for a proportionately increased annual payment,
4. It is understood and agreed that the pledge of waterworks revenues made by the City in this
Contract is and shall be construed to be subordiante and inferior to the pledges of waterworks revenues
to all Waterworks Bonds of the City heretofore issued and outstanding as of the date hereof, subordinate
and inferior to all other contractual obligations of the City in connection with or in any wise pertaini:
to Beaver Water District and the providing of revenues to Beaver Water District for operation, mainten-
ance and depreciation of the District's properties and facilities and for paying the principal of,
interest on andPaving Agent's fees in connection with any bonds of the District, and shall be subordinat
and inferior to any such pledges of waterworks revenues to any Waterworks Bonds that may be issued in
the future by the City and subordiante and inferior to any such contractual obligations of the City in
favor of the District entered into in the future in connection with future expansion and future bond
issues of the District.
5. The City covenants and agrees that it will impose and collect rates for water that frill produce
sufficient revenues, together with any other utility revenues from municipally owned utilities that may
by lawfully used and are actually available, to pay the reasonable expenses of operation, maintenance,
repair and depreciation of the Cit, y's.waterworks, to mike all principal and interest payments and make
all future deposits required in connection with all bonds and contract obligations of the City to which
City waterworks revenues are pledged outstanding at any time during the life of this Contract, and to
make the payments called for in this Contract when due, and that the City will raise .said rates from
time to time when and to the extent necessary to fully provide for all said above set forth purposes.
6. This Contract is executed and delivered and shall be effective in lieu of a Contract between the
City and the District dated February 8, 1960, and it is understood and agreed that by the execution
and delivery of this Contract it shall be construed to have been in full force and effect since
February 8, 1960, and that said February 8, 1960 Contract be, and the same is hereb;r, cancelled and
terminated.
Dated this 16th day of January , 1963.
CITY OF FAYETTEVILLE, ARKANSAS
By
CT Mayor
ATTEST:
vCiW Clerk
(SEAL) I BEAVER WATER DISTRICT
Directors
Section 2. That the Mayor and City Clerk be, and they are hereby, authorized and directed for and on
behalf of the City to do all things, execute all instruments and otherwise take all action necessary
to the realization of the City's rights and to the discharge of the City's obligations under said
Contract.
Section 3. That the provisions of this ordinance are hereby declared to be separable and if any
section, phrase or provision shall, for any reason, be declared to be invalid, such declaration shall
not affect the validity of the remainder of the sections, phrases or provisions.
Section 4. That all ordinances and parts of ordinances in conflict herewith are hereby repealed to the
extent of such conflict.
Section 5. That there is hereby found and declared to be an immediate need for the securingaf an
addeuate water supply for the City in order to insure the adequate protection of the public health,
safety and welfare of the City and its inhabitants, and the execution and delivery of the Contract
193
Ordinance No.
approved
by this ordinance is
essential therefor. It is, therefore, declared that an emergency exists
1332
and this
ordinance being necessary
for the immediate preservation of the public health, safety and
Contract
welfare
shall be in force and
take
effect immediately upon and after its passage.
Continued
PASSED:
14th day of January,
1963
APPROVED:
Ma• r
ATTEST:
,., �
' �
Lgity tClerk
The City Attorney read a proposed ordinance which was left on the second re ding at the special session
of the Council on Friday, January 11, 1963, for the third and last tilke entitled "Aid ORDINANCE
AUTHORIZING A CONTRACT BY AND BETWEEN THE CITY AND BEAVER WATER DISTRICT OF BENTON AND WASHINGTON
COUNTIES, ARKANSAS IN SUBSTANTIALLY THE FORI4 AND WITH SUBSTANTIALLY THE CONTENTS SET FORTH IN AND
MADE A PART OF THIS ORDINANCE; AUTHORIZING THE EXECUTION AND DELIVERv OF SAID CONTRACT; PRESCRIBING
OTHER MATTERS RELATING THERETO; AND DECLARING AIN ENI?GE74Cy."
The Layer then declared the ordinance open for discussion. There being no discussion, the Mayor asked
the question,"Shall the Ordinances F)ass'l?
Upon roll call the following vote was recorded, "Aye" Heflin, Christie, Wheeler, Thomas, Durgin,
Faucette, and Short, "Nay" none.
There being seven "Ayes" and no "I1ays", the Mayor declared the Ordinance passed.
Alderman Burgin then moved that the emergency clause be adopted.
The motion was seconded by Alderman Short and upon roll call the folloiring vohe was recorded
"Aye" Heflin, Christie, Wheeler, Thomas, Burgin D, Faucette, and Short.
"Nay" none.
There being seven "Ayes" and no "Nays" the I'ayor declared the emergency clause adopted.
ORDINANCE NU16MER 1333
Ordinance No. AN ORDINAI.CE AUTHORIZING A CONTRACT By AND BET.IEEN THE CIT'✓ AND BEAVER ;•LATER DISTRICT CF FENTff AND
1333 WASHIIdGTCId CCUk1IE5, ARKAUSAS IN SUBSTANTIALL' THE FCR'! AND 1.1ITH 5UBSTANTIALLy THE CONTE�75 SET FORTH
IN AND 'FADE A PART OF THIS ORDIANANCE; AUTHOORIZING THE EXECUTION AND DELIVER'✓ OF SAID CCIdTRACT;
PRESCRIBING OTHER NATTERS RELATING THERETO; AND DECLARING AN EMERGEI?C.'.
BE IT ORDAINED by the City Council of the City of Fayetteville, Arkansas:
Sectionil. That there be, and there is hereby, authorized the execution and delivery of a Contract
by and between the CITY OF FAYETTEVILLE, ARKANSAS (herein called the "City") and BEAVER MATER DISTRICT
OF BENTON AND ?%MHINGTON COUNTIES, ARKANSAS, in substantially the form and with substantially the
contents hereafter set forth, and the Player and City Clerk be, and they are hereby, authorized to
execute, acknowledge and deliver said Contract for and on behalf of the City. The form and contents -
of the eaid Contract, which are hereby approved and which are made a part hereof, shall be substantially
as follows:
CONTRACT
THIS CON'T'RACT entered into by and between the CITY OF FAYETTEVILLE, ARKANSAS (hereinafter called
"City") and BEAVER WATER DISTRICT OF BENTON AND WASHINGTCN COUNTIES, ARKANSAS (Hereinafter called
"District");
WI TN:ES5E T H:
WHEREAS the District has heretofore entered into contracts with the Cities of Fayetteville, Rogers,
Springdale and Bentonville with each contract providing that each City shall have title to a specified
.quantity of.the water stored in Beaver Dam Reservoir upon payment of a stipulated yearly sum (reference
herein to "Cities" shall include all of said named Cities); and
WHEREAS the utilisation of the water stored in Deaver Mn Reservoir can be accomplished only after
the acquisition of lands and construction of a number of improvements; and
WHEREAS the improvements can be used by all bf the aforementioned Cities and all of said Cities are
willing to pap stipulated annual sums for the privilege of using the improvements so as to make
adecuabe supplies of water available for the citizens of said Cities necessary for the health, safety
and welfare thereof; and
'WHEREAS it is proposed to proceed immediately to construct an intake structure which will enable all
of said Cities to draw water from Beaver Dam Reservoir, acquire lands for use as a location of said
intake structure, acquire protective shore lands, acquire right of way for raw water lines and controls
from the intake structure to proposed water treatment facilities, acquire lands on which said waber
treatment facilities will be located, and construct roads and sanitary facilities at the location of
said intake structure (herein called "improvements") , estimated to cost, with related expenses and
expenses of financing,.$400,000; and
WHEREAS the District has sold its initial issue of bonds designated "Water Revenue Improvement Bonds,
Series A", in the unconverted principal amount of $4000,000 which have been converted by the purchasers
to an issue of $411,000 in principal amount dated December 1, 1962 and maturing on December 1 in each
of the ,years 1963 to 1992, inclusive, which bonds are being authorized by a Resolution of the Board
of Directors of the District and which will be secured by a Deed of Trust executed as of the first
day of December, 1962 by and between the District and First National Bank, I Fayetteville, Arkansas,
as Trustee for the holders of the bonds, which Deed of Trust will he recorded in the offices of the
Circuit Clerks and Ex Officio Recorders of Benton and Washington Counties, Arkansas, and to which
referencd may be made for a detailed statement of the terms and conditions upon which the District's
bonds will be issued, held and paid (the Deed of Trust will secure all bonds issued by the District
with the initial issue being the $411,000 issue referred to above), and it is understood that whenever
reference is herein made to the "Trustee" or "Trustee for the bondholders", the reference shall be to
First National Bank, Fayetteville, Arkansas; and
WHEREAS the City has made studies which reflect that an additional water supply must be obtained in
order to satisfy the immediate and future needs of the customers of its waterworks system, and that a
water supply in an amount sufficient to satisfy the needs of the City for the foreseeable future can
be economically and feasibly obtained only from Beaver Dam Reservoir;
NOW, THEREFORE, in consideration of the mutual benefits to be derived by the parties, and for other
good and valuable consideration, the receipt of which is hereby acknowledged, the City and the
District agree as follows:
�� (1) The'City shall have the right to use the water made available by the construction of the above
described improvements in accordance with reasonable rules and regulations to be established from time
to time by the District.
(2) The City will pay to the District, solely from revenues derived from the operation of the City's
waterworks system, the sum of $9250 per annum for a period of ten ,years from the date of this Contract
and the sum of $7776 per annum for a period of twenty ,years thereafter, making a total period of
thirty years over which payments are to be made hereunder. The said annual pavnents are to be paid
as follows:
(a) The sum of $4625 shall be paid on or before Yay 15 of each year until Yay 15, 1973, and the sum
of $3888 shall be paid on May 15, 1973, and on or before May 15 of each year thereafter;
(b) The sum of $4625 shall be paid on or before November 15 of each year until November 15, 1973, and
the sum of $3888 shall be paid on November 15, 1973, and on or before November 15 of each ,year thereaft
(c) The first payment shall be due on N:ay 15, 1963 and the last paynent shall be made on November 15,
1992:.
The pavnents provided for above may be modified only with the prior written approval of the Trustee for
the holders of the bonds of the District issued to finance the improvements obtained after the
presentation of evidence satisfactory to the Trustee, in the Trustee's sole discretion, that the
District will have revenues after such modification that are at least sufficient to operate, maintain
and repair the District's facilities, insure the prompt payment of the principal of, interest on and
Paying Agent's fees in connection with all of the District's outstanding bonds as the same become
due and payable, establish and maintain reserves for contingencies and make adequate provision for
depreciation. Such payments shall be made without regard to whether the other dities specified above
have fulfilled their obligation to make pa'7-ments pursuant to similar contracts. The City hereby
pledges a sufficient amount of its waterworks revenues to satisfy promptly its obligation to make
payments pursuant to similar contracts. The City hereby pledges a sufficient amount of its waterworks
revenues to satisfy prompltly its obligations hereunder. Such payments cAlled for by this Contract sha
be certainly payable on the dates specified without notice or demand, and without abatement or set off,
and regardless of any contingencies whatsoever, and notwithstanding any circumstances or occurences
that may now exist or that may hereafter arise or take place.
(3) It is contemplated that the District will construct additional improvements from time to time for
the purpose of better accomplishing the utilization of the water stored in Peaver D,m Reservoir. It
is contemplated that bonds will ce issued to finance said construction, and it is understood and agreed
that the District and all or part of the Cities will enter into contracts prior to the issuance of
additional bonds in order to provide increased revenues sufficient, together with other available
revenues, to pay said additional bonds, with interest, as they mature.
(4) It is understood that the City has now and may in the future have outstanding bonds and contracts
to which waterworks revenues are pledged and will be used. The City covenants and agrees that it will
impose and collect rates for water that will produce sufficient revenues to make the payments called for
in this Contract when due and, together with any other utility revenues from muncipally owned utilities
that may be lawfully used and are actually available, to apy the reasonable expenses of operation,
maintenance, repair and depreciation of the City's waterworks, and to make all principal and interest
payments and make all fund deposits required in connection with all bonds and contract obligations
of the City to which City waterworks revenues are pledged outstanding at any time during the life of
this Contract, and that.the City will raise said rates from time to time when and to the extent recessar
to fully provide for all said above set forth purposes.
(5) The City covenants and agrees that it will always operate its waterworks as a revenue producing
undertaking and that it will not dispose of said waterworks as long as its obligation to make payments
under this Contract exists.
(6) The City and the District agree that the holders of the bonds issued to finance the improvements
shall be third party beneficiaries of this Contract, and that the Trustee for the holders of said
bonds shall have the right to enforce the terms of this Contract.
(7) It is covenanted and agreed that so long as any bonds of the District issued to finance the
improvements shall be outstanding, this Contract cannot be cancelled, terminated, amended, supplemented
of modified without the written consent of the Trustee for the holders of the District's said bonds.
(8) The pledge of waterworks revenues made by the City to its obligations hereunder is understood, and
shall be construed to be, subordinate and inferior to the pledges of waterworks revenues to all
Waterworks Bonds of the City heretofore issued and outstanding as of the date hereof, but is prior
and superior to the Contractual obligation of the City to the District under the Contract between the
two dated October 2 3 1961. The City covenants and agrees that it will not authorize or issue, or
attempt to authorize or issue, any bonds or obligations on a parity with any of the City's outstanding
bonds; even though parity obligations may have been expressly authorized at the time of issuance of said
outstanding bonds; that it will not authorize or issue or incur, or attempt to authorize or issue or
incur, any bonds or obligations of any nature having or claimed to have a priority of lien, pledge or
claim in favor of the City's contractual obligations under this Contract and will not authorize or
issue or incur, or attempt to authorize, issue or incur, any bonds or obligations ranking on a parity
of lien, pledge and claim with the contractual obligations under this Contract except only that the
following may rank on a parity: (1) Any contractual obligations under additional, amendatory or
supplemental contracts between the City and the District executed in connection with the issuance
by the District of bonds to finance additional improvements, referred to in Paragraph (3) of
this Contract; and (2) bonds or obligations issued or incurred by the City for extensions, better-
ments and improvements to the City's waterworks system if, at the date of issuance of such bonds or
incurrence of such obligations, the waterworks revenues of the City for the preceding twelve (12)
I
f1 195
.months, as increased by any additional revenues to be received from waterworks extensions, betterments
and improvements being constructed out of the proceeds of the bonds then being issued, or obligations
then being incurred as then certified by an independent professional engineer, shall have,been sufficien
in amountto provide for the maximum future principal and interest requirements and all contractual
obligations on then outstanding bonds and contracts that will become due in any one year, including,
without limitation, this Contract, and the maximum principal and interest requirements and contractual
obligations that will become due in any one year on the bonds then proposed to be issued or obligations
then proposed to be incurred and leave a balance which, together witj the amount of any other utility
revenues from municipally owned utilities that may be lawfully used and are actually available for the
next succeeding twelve (12) month period as then determined, will be sufficient to provide for the
annual operation and maintenance and depreciation expenses after the completion of said waterworks
extensions, betterments and improvements to be constructed out of the proceeds of said bonds or
obligations.
Nothing herein shall be construed as prohibiting the city from issuing bonds or incurring obligations
Ordinance No. having alien, pledge and claim on waterworks revenues subordinate to lien, pledge and claim thercn
1333 in favor of the contractual obligations under this Contract.
(9) It is further covenanted and agreed by the District to furnish the City an annual audit report of
the District's operation, prepared by an independent certified Public Accountant, and that said annual
audit report shall be furnished to the City so long as this contractual agreement is in effect.
IN WITNESS I-MEREOF, the City has caused this Contract to be signed in its name and on its behalf by
its Mayor and its corporate seal to be herewith affixed and attested by its City and the District has
caused this Contract to be signed in its name and on its behalf by its Chairman, and its seal to be
hereunto affixed and attested by its secretary, all as of the 16th day of January , 1963.
CITY OF FAYETTEVILLE, ARKANSAS
BY
i vor
ATTEST:
Ci Cl rk
BEAVER WATER DISTRICT,
BY
Chairman
ATTEST:
Secretary
Section 2. That the Mayor and City Clerk be, and they are hereby, authorized and directed for and on
behalf of the City to do all things, execute all instruments and otherwise take all action necessary
to the realization of the City's rights and to the discharge of the City's obligations under said
Contract.
Section 3. That the provisions of this ordinance are hereby declared to be separable and if any
section, phrase or provision shall, for any reason, be declared to be invalid, such declaration shall
not affect the validity of the remainder of the sections, phrases or provisions.
Section 4. That all ordinances and parts of ordinances in conflict herewith are hereby repealed to
the extent of such conflict.
Section 5• That there is hereby found and declared to be an immediate need.for.the securing of an
adequate water supply for the City in order to insure the adequate protection of the public heAith
safety and welfare of the City and its inhabitants, and the execution and delivery of the Contract
approved by this ordinance is essential therefor. It is, therefore, declared that an emergency exists
and this ordinance being necessary for the immediate preservation of the public health, safety and
welfare shall be in force and take effect immediately upon and after its passage.
PASSED: 14th dqy of January, 1963
APPROVED:
Yayor6tuy E. Brown
ATTEST: '
Georg J. is, City Clerk
Alderman Short moved that when the bond money is received forthe Police, Fire, and Hospital building
_ program that the City Controller be authorized and is hereby directed to:
(1) Open one construction find to cover all three projects.
' (2) Set up separate accoi:nting records for each project.
(3) Invest and continuously- reinvest the money deposited in the Construction fund And the general
obligation bond fund.
(4) Allocate the interest received from the investments as authorized by -the Cit.r Council.
The motion was seconded by Alderman Thomas and passed unanimously.
There being no
fur her business, Alderman Short moved
to adjourn. The motion was
seconded by
Alderman Heflin
and passed unanimously, whereupon the
Mayor declared the meeting
adjourned.
ATTEST
GEORGE Cl. D.6CITY CLERK
APPROVE .
&J
G Y V. BRO-1Z
MAvOR