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HomeMy WebLinkAbout1963-08-23 Minutes (2)Special Session Purpose of the Meeting SECTION Q. All existing ordinances or parts of ordin=ea .of the City of Fayettevi Arkansas, are Jiereby repealedinsofar as they may be inconsistent with the provisions"of t his ordinance and it appearing that this action is nbceasa.ry to relueve vehicular traffic congestion, an emergency is hereby dellared to exist and bhis ordinance shall be in full force and effect from and after its passage and approval. 19 PASSED AND APPROVED this'@fth day of August, 1963. Iy .� :i' CO' There being -no further business, Alderman Heflin moved to adjourn. Thesmotion was seconded by Alderman Watson and passed unanimoubly, whereupon the Mayor declared the meeting adjourned. APPROVED: GUY E. BROWN, MYOR, ,�,All417 The City Council of Fayetteville, Arkansas met in special session on Fridayo August 239 1963 at 12:00 noon at the'Mountain Inn Motor Lodge. Present: Mayor Guy E. Brown, City Clerk George J. Davis, City Controller Albert J. Jones, City Attorney Bass Trumbo, City Engineer W. C. Smith and Aldermen Heflin, Christie, Watson, Wheeler, Thomas, Burgin, Faucette and Short. Absent! None The Mayor reported that the pprroopored yo po purpose of the meeting was to discuar thellcontract for Suburban Water District No. 7 (Elkins) with representatives of the district and that all members of the Council'hadr been notified by U.S. mail and by telephone. A long discussion was held by the representatives for the Elkins Suburban Water District, all members of the Council, the Water Superintendent, W. C. Smith; and the City dontroller, Albert J. Jones; but no further action was taken at this time. d There being no further bunAaess, Alderman Short moved to adjourn, the motion was seconded by Alderman Wheeler and passed unanimously, whereupon the Mayor declared the meeting adjourned. APPROVED: GUY E.. BROWN, MAYOR xc' a• • % � • o-• Regular The City Oouncil of Fayetteville, Arkansas met in regular session on Monday,, August 26, 1963 at 7:30 p.m. Session in the Council Room•in the City Administration Building. Present: Mayor Guy E. Brown, City Clerk George J. Davis, City Attorney Bass Trumbo, City Engineer W. Q. Smith, Fire Chief Burl Skelton, and Aldermen: Heflin, Christie, Watson, Wheeler, Thomas, Burgin, Faucette and Short. Absent6 City Controller Albert J. Jones, and Chief of Police Hollis Spencer. The minutes of the regular meeting on Monday, August•19, 1963 and of the special meeting on Friday, August 23, 1963, copies of which have previously been mailed to each of the.aldermen, were approved as Alderman Burgin moved that the ordinance entitled, "AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON PORTIONS OF WHITHAM,STREET, LINDELL STREET, REAGAN STREET, LAFAYETTE STREET, OZARK STREET AND WILLIAMS STREET LOCATED INITHE C[TY OF FAYETTEVILLE, ARKANSAS.", which was read in its entirety at the last reg- ular meeting of the Council on Monday, August 19, 1963, be passed. The motion was seconded by Alderman Heflin and passed unanimously whereupon the Mayor declared the ordinance pissed. dinance ORDINANCE N0. 1365 1365 AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON PORTIONS OF W HITHAM STREET, LINDELL STREET, REAGAN STREET, LAFAYETTE STREET, OZARK STREET, AND WILLIAMS STRKET LOCATED IN THE CITY OF FATETTEVIUY4 ARKi BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE4� ARKANSAS. SECTION 1. It shall be unlawful for any persons, firm or corp6ration.' to park any vehicle of any kind whatsoever on the following described streets as hereinafter provided: (a) on the west side of Whitham Street from Maple to Cleveland Street'(b) on the west side of Lindell Street, bebireen Maple Street and Cleveland Street;'c(rco on the south side of Reagan Street,' between Arkansas Avenue and Gregg Street (e) on Ozark Street from Fairview Street to Buchannan Street., E SECTION 2.- Any persons violating Section 1 of this Ordinance shall be deemed guilty of a middemeanor, and upon conviction shall be fined to the sum of not less thah $1.06 and not more than $25,OO. SECTION 3* iIt appearing that the above described locations, by reason of heavy traffic, pr presentea serious problem of protecting the public, an 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 26th day of August, 1963. ATTEST.• APPROVED: uOurg , U.LLPY Crffir=uv rows,yoF�a r :. 245 Temp. Alderman Chrifitie reported that he had a request to relocate a trailer house on .South Hill Avenue Bldg. which would be in violation of Ordinance No. 1239, but on a lot where a trailer house had formerly been Permit for located and had all utilities available. The City Building Inspector recommended that Ordinance #1239 House be amended to permit trailer courts and trailer houses in the Industrial Distr#ht within the city Trailer limits of Fayetteville, Arkansas. After a long discussion, Alderman Burgin moved that since a trailer had been located here before and all utilities were available for a trailer on the lot, that the Building Inspector be and he is, hereby authorized to issue a temporary building permit not to exceed 90 days to relocate the trailer as requested. The motion was seconded by Alderman Christie and upon roll call, the following vote was recorded: "Aye", Heflin, Chrsitie, Wheeler, .Watson, Burgin and Faucette. "Nay", Thomas and Short. There being six"Ayes and 21Nays", the Mayor declared the motion passed. Request Alderman Short asked the City Attorney, if in his 6pinion, the City could purchase a motorcycle under for authority contained in Purchasing Ordinance No,1215, without advertising for bids. The City Attorney Purchase replied that he believed they could. JAlderman Short then moved that, under authority contained in Purchasing Ordinance No. 1215, the City r. of Controller be and he is hereby authorized and directed to purchase a new motorcycle fob the Fayetteville *N P3ihoe Department from Gray's Harley-Davidson Sales Service for a hetal sum of $1269.80 including the cycle trade-in of the old motorcycle. The motion was seconded by Alderman Heflin and passed unanimously. Resolution Attorney A.D. McAllister, Jr., appeared before the council and, at the request of the Council, read the for Sub- proposed contract for Fayetteville Suburban Water Improvement District No. 7 of Washington County, Ark - urban ansas, which extends along State Highway 16 to and including She town of Elkins, Arkansas. After a Water long discussion, Alderman Burgin moved to adopt a resolution authorizing the execution of this contract. District The motion was sec6nded by Alderman Chrisite and passed unanimana�y, whereupon the Myor declared the resolution adopted. RESOLUTION N0, 14-63 1443 WHEREAS, Fayetteville Suburban Water Improvement District No, 7 of Washington County, Arkansas, proposes to contitruct the water distribution line or lines with the installation of Valves, fire hydrants and storage facilities to serve the District's area along State Highway #16 between the corporate limits of'the City of Fayetteville and the Town of Elkins, and WHEREAS, the City of Fayetteville, Arkansas, has the necessary equipment and personnel to service and maintain said water distribution system, and t '4 WHEREAS, it is to the muftl interest of the City of Fayetteville. Arkansas, and Fayetteville Suburban Water Improvement District No. 7 of Washington County, Arkansas, that siid project be operated, maintained and controlled under and pursant to the terms of a written contract between the City of Fayetteville. Arkansas, and Fayetteville Suburban Water Improvement District No. 7 of Washington County Arkansas. ' NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILIE, ARKANSAS: 1. That the Mayor, City Clerk, City Water Superintendent and City Attorney be and they are here. authorized to execute a written contract dated August 26, 1963, by and between the City of Fayettevil. ansae, and Fayetteville Suburban Water Improvement District No. 7 of Washington County, Arkansas, IN WITNESS WHEREOF, we have set our hands and seals on thJii 26th day of August, 1963, MAYOR CITY CLEV 61 Contract CONTRACT This contract, made and entered into on the date last undersigned, by and between the City of ayetteville, Arkansas, a municipal corporation, hereinafter called the "City" and Fayetteville Sub- Liban Water Improvement District No. 7 Washington County, Arkansas, hereinafter called the "District"; WITNESSETH: WHEREAS, the District proposed the conhtruction of a water distribution line or lines with the in- tallation of valves, fire hydrants and storage facilities to serve the District's Area as shown on the ttached map (being the District boundaries as established by the County Court of Washington County in proceeding for that purpose) and to connect to the City's water lines at a point on State Highway #16 here the existing city limits join the boundaries of the district.and receive water for the District's istribution system at this point. The total initial cost of said construction by the District, in- luding all expenses necessary and incidental thereto such as engineering, construction and legal costa Hereinafter sometimes referred to as "Project Costs") as evidenced by certifichies to be furnished to he City by the District is $ , NOW, THEREFORE, the City agrees that in consideration of the construction of said project by the istrict in accordance with the plans and specifications which will have the approval of the City Water uperintendent and the Arkansas State Board of Health, the City will service and maintain said mains and aterals, valves, fire hydrants, and storage facilities if required, furnish water, read,all meters, ollect the bills and pay to the District the amounts at shhedules as herein set forth, and the BiAtvict grees that for and in consideration of said services by the City, the District, acting through its ommissioners, agrees that sadd project will be operated, maintained, and controlled under and pursuant o the terms of this contract and that the City shall have the right toddesignate users who hhall have he right to receive service from said system for the period of the initial bond schedule, or until said onds are paid, whichever date occurs first, provided, however, all property lying within the District nd assessed with benefits accruing from said improvements s$all have the benefits of connecting to said ystem and purchasing water under this agreement. The City and the District further agree to the fol - owing conditions and considerations: 1. That the consideration to be made by the City to The District is an assistance to the District to help defray a limited amount of the District's initial costs for thewrks, from the sale of the water to consumers within the District's boundary only, and because the City has the necessary equip. ment and personnel to service and maintain the system, this will.effect a saving to the District. That it intended that any person or persons involved with the District will profit from the operation 24s � 1 ,04 of the District during its life: That the District is cognizant of the fact that in being allowed the privilege of receiving water from the City, that they are realizing benefits of a large water plant which has been constructed at considerable costs over a long period Cof time. 2. That the City,will, after the completion and•placing of the syttemihn use, pay to the District on a quarterly basis fifty (50) per cent of the water sales to the consumers withi the District boundaries (herein sometimes tilled "Rebates") only until all the initial bonds have been retired or the sum of all paymhnts equals fifty (50) per cent of the intial cots, including intial engineering and intital legal costs as stated herein, whichever dat occurs first, except that no payments shall be paid for water consumed above 300,000 gulon per month for individual consumers. That the term 'hater sales" does not include any "Out- dide City" service charges or meter service charges, on which no payments will be made to the District by the City. That the City shall not be required to make any Rebates to the -District for water sales to consumers outside the District. _ 3. That the City shall be the only party authorized to make service connections to the mains of the District to serve consumers and install meters, and that costs or charges for such service connections shall be the same as the City charges for like service con- nections within the City. 4. That water rates to consumers connected to the mains of the District shall be the same as those for users within the City, and that an additional "Outside City" service charge or meter service charge shall be added to the bill each month for all consumers outside the corporate area of the City. These service charges shall be as established from time to time by the City. 5. That it is agreed and understood by the City and the District, that all consumers con- nected to the District's mains shall, both before and after receiving water service, agree to abide by all Rules and Regulations of the City Water Department as are now in effect or hereafter promulgated. That failure at any time of a user to comply with such rules and regulations shall be suffickaht justification for the City to discontinue water service to such user. The City reserves the right, in the event of acute shortage of water, th limit or discoGtinue water sales and service to the District. Any discontinuance of water ser- vice for these reasons shall not render the City liable for damages of any kind. 6. That the District may, during the period that bonds are outstanding, at their own ex- pense, extend mains within the District boundargeonly, after the initial construction is completed, providing the plans and specifications for therork'are approved by the City Water Superintendent and the State Board of Huth, Mains extended 6utside the District boundary must, in addition to the approvals of the City Water Superintendent and the State Board of Health, have the approval of the City Council. Costs of any added mains after the initially constructed mains shall not be used in the costs for determining the total of monies to be paid the District by the City. All added mains and laterals must be consty rutted throggh the name of the District and shall become a part of the District'e.system, and shall be governed by the terms of this contract, regardless of the source of financing of said exthnsions or improvements. 79 That the City shall in no way be obligated to enlarge, replace, move,'relocate, lower, or adjust any of the mains or appurtenances thereto conttructed by the District, should they require or should they become overloaded or deterioated nor is the City obligated in any way to make any future new main or lateral extensions within the District's boundary, ex- cept that any maind or laterals within the District, owned by. -the City at the time of forFs- mation of the District, and which remain and become a part of"the District's system for serving consumers, which shall become deteriorated or overloaded, the City will replace and/ or enlarge these mains at a total cumulative cost of not to exceed $25,000.00 and one-half of the cost for the replacement and/or eblargement shall be borne by 'the District, in the form of a credit toward the tool reimbursements of the intial costs -,of the District's system By the City. Decisions as to the time of replacement and amount of enlargement of the mains and laterals shall rest solely with the City Water Superintendent. 8. The Diabrict will issue bonds callable in inverse numerical order from surplus tax collections, from rebates from the City and from surplus construction bonds on any interest paying date, and from finds from any source on and after January 1, 1968. Taxes upon assess, benefits of the District sufficient to pay pririiepal, interest and Paying Agent's fees on the bonds as they mature will be levied and collected at all times, and the entire bond issue will be retired as soon as montes are available therefore, an#abHeeest&odhbsdabdsaeg gikdlbesrefitetaassamenpaid to the District by the City, from•s aid tax collections and from all rebated from the City, which rebates are fully and unconditionally pledked to call bonds Por'payment prior to maturity on the next interest paying date, and mill be used solely for said purpose except as provided elsewhere in this contract. It is understood and agreed.tha+ this contract shall apply only to the intil<al issue of bonds by the District at the time of its formation. ' i 9. That the Commissioners of the District will have a0annual audit made by an independent Certified Public Accountant of the District's finances and a copy furnished to the City. Quarterly water siAes reimbursements from the City -to the District will be withheld in the event the District fails to furnish the 18ity a copy of the annual audits within thirty days after date due. The accounts of the District shall be open,and avaiiable to any authorized agent of thb City AccountinggDepartment upon request of the'City. 10. In the event any of the District's area is incorporated in the City, the City will have the r fight to extend mains and laterals from the District's area for the purpose of serving incorporated City areas, costs oS such mains and/or laterals shall be at City expense. No fee or payment shall be paid to the District by the City for such extensions to their mains and/or laterags. Any consumers connected to these mains and/or laterals, which are within the District's area, shall be reggrded as a District consumer.and the City will refund to the District on their water sales. No refunds for water sales outside the District area will be made to the District by the City. 11. Should another suburban water district desire to join the mains of the District for their water supply, permission for such proposed districts must be granted by both the City and the District to do so. In the event both the City and the District grant this permissi the District shall not charge the proposed district more than $1,000.00 per inch inside diameter of_the proposed connection as a one-time payment. i7f= +t I '1« 24 Q Contract minutes of the Regular 12. The City will furnish water from fire hydrants in the District for fighting fires and emergencies Cont'd. I only, and that only qualified fire department or City Water Department personnel shall operate the fire hydrants on such occasions. This provision in no way obligated the City Fire Department to ans- wer fire calls or combat fires in the District's area. The City shall charge the District the es- tablished monthly fire hydrant service charge on all fire hydrants on the District's mains not within the corporate limits of the City, which charge may be subtracted frfim the rebates to the District on a quarterly basis. 13. When it becomes possible for the District to retire all bonds as set forth in paragraph 8 hereof, the District shall do so, and any monies remaining in the bond and interest fundt' from whatever source received, shall be distributed according to law to those parties who contributed the same, in pro- portion to their contribution. This includes the City payments, either as annual assessments against the City's properties or refunds for water sales, 14. Before the'City will make a service connection to the mains or laterals of the District, the District will furnish the City a written authorization signed •by one or more of the Commissioners of the Bistrict for all consumers idthin the District's area. For consumers making connections to the District's mains or laterals outside the District's area, the District will furnish a copy of the contract with each such party to the City, which will be contrued as an authorization for the con- nection to be rade. Each meter is considered a separate service connection whether on the same ser- vice Une or not. No authorization or contract is required for connections to mains or laterals cons- tructed outside the District's area by the City -in accordance'with Paragraph 10 above. 15. Failure b8 the District to comply with any or all the provisions of this Contract shall be suf- ficient justification for the City to stop all reimbursements to the'District and to refuse to make any additional service connections to the District's mains or'laterals. 16. When the Project Costs as defines hereinabove are paid in full and the bonds are fully retired, all right, title and interest to the water improvements of the District shall be conveyed to the City, and the Commissioners of the District hereby cotenant, for themsZives and their successors, to ex- ecute any further deeds, conveyances or other instruments which may be required to effect such trans' fer of title. 17. Any assessments levied against city owned propertied within the District and paid by the City shall be deducted in the form of a credit from the total rebates paid by the City to the District based on the intitial cost of the District's system as herein provided. IN WITNESS WHEREOF, the parties hereto have signed the names of the partied to this Contract by ap- propriate action of the City Council of the City of Fayetteville, Arkansas, and the Board of Commis issioners of Fayetteville,Suburbhn Water Improvement District No. 79.of Washington County, Arkansas, on the 26th day of August, 1963. 2► W / kip CIWr CEERK/ CITY i E. SUPERINTENDTFiT ATTEST: ATTEST: V tia, SECRETARY CITY OF FAYETTEVILLE, ARKANSAS 'A MuniciW1Cporation By MA OR FAYETTEVILLE SUBURBAN WATER IMPROVEMENT DISTRICT N0. 7 Washington County, Arkansas B9 CHAIRMAN OF THE BOARD There being no further business, Alderman Heflin moved to adjourn. The motion was seconded by Alderman Watson and passed unanimously, whereupon the Mayor declared the meeting adjourned. APPROVED: W�yj.G1/� l' MAYOR GUY Ea BROWN ATTEST: (a1eE�-�C��sS•O`�✓'�'�� CITY CLERKeGEORGE J. DAVIS The City Council met in regular session'on Monday September 9, 1963 at 7:30 p.m. in the Council Room of the City Administration"Building. Present: Mayor Guy E, Brown, City Clerk George:J. Davis, City Controller Albert J. Jones, City Att- orney•Bass Trumbox}Acting Chief of Police Elmo Ritchie, and Aldermen:.Heflin, Christte, Watson, Wheeler, Thomas,BBrmgin, Faucette, and Short. Absents Fire Chief Burl Skelton and City Engineer W.C. Smith. The minutes of the Regular meeting on August 26, 1963, a copy of which had been previously mailed to each of the Aldermen, were approved as written. • The Building Inspector presented the petition of S & H Inc., to rezone the east part of their property on Hiway 71 and Township Road, the City Clerk read T.C. resolutions 15-63 whereby the Planning Com- mission recommended the approval of the petition. After a brief discussion, the City Attorney introduced and at the request of the Council, read in its entirety, a proposed ordinance entitled "AN ORDINANCE AMENDING ZONING ORDINANCE N0.1239 AND ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED MAY 282 1962 Ab REZONE CERTAIN REAL ESTATE FROM R -1A SINGLE FAMILY RESIDENTIAL DISTRICT TO C-2 THOROUGHFARE COMMERCIAL DISTRICT'"