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HomeMy WebLinkAbout1965-06-24 MinutesC) 84 We agree to pay the expense in the issuance of the bonds as follows: (a) Printing of the bonds (b) (c) Fee charged by the bond approving attorney (d) Newspaper cost of the printing of the ordinance the issuance of the bonds and the Notice of Sale. 5. They are to mature over a schedule of from 1 to 15 years, both inclusive. The bonds shall be callab numerical order out of surplus construction funds on any interest -paving date at par and accrued int Bonds will be callable from surplus revenues at par and secured interest onaany interest paying date after a reserve fund amounting to one year's principal and interest has been established. The bonds will be callable from funds derived from any source on and after five years from date of assuance. 6. The City of Fayetteville, proposes to issue approximately $200,000.00 in Saintation Improvement Rev - nue Bonds and we guarantee to find a buyer for these bonds at a price of 100 cents on the dollar'face value and accrued interest for bonds bearing interest attbhe rate of 3.50%. The purchaser shall have the right to convert the bonds to bonds bearing lower rates of interest so long as the City receives no less and pays on more than if the bonds had not been converted. Conversion is to be subject to the approval of the trustee and the bond approving attorney. 7• In consideration of our guaranteeing to sucure for you a buyer who will pay you 100 cents on the doll• ar and accrued interest for ,your prorosed issue and to pay the expenses named above, you agree to pay us for our services all the premium that may be received at thessale up to 2% of the face value of the authorized issue before conversion. Any premium in excess of 2% is to be retained by the City. If for any reason the bonds are not issued, the City of F yetteville, will be under on obligation to Pay us a fee for any expenses we may have incurred. The bonds are to be delivered within 666 days, thereafter at the buyer's option. This agreement is made subject to the buyer receiving the unqualified legal approving opinion os Smith, Williams, Friday and Bowen, Attorneys, Little *Dock, Arkansas as to the legality of this issue. ACCEPTED THIS THE 14th DAY OF April, 1965. CITY OF FAYETTEVILLE, ARKANSAS . Mayor City Clerk Respectfully submitted, T. J. RANEY A SONS BY John F. Gorman +roceed IThe reorjganization of the Sanitation Department again came up for discussion and after a long discussion ith IAlderma Short moved to Proceed with complete adoption of Sanitation Reorganization as submitted by Sanitati-Alderman Thomas at the Regular Meeting of the Council on March 29th, 1965 n (The motion was seconded by Alderman Watson and passed unanimously. program. II ,There being no further business Alderman Watson moved to adjourn. The motion was seconded by Alderman Th I homas and passed unanimously, where upon the mayor declared the meeting ad ourned. APPROVED i GUY E"'BROWN, MAYOR TTEST: ALBERT J. OVIACTINC CLERK The City Council of Fryetteville, Arkansas met in Regular Session on Monday April 26th, 1965 at 74,30 P.11* in the Council Room of the City Administration Building. Present: Mayor Guy.E. Brown, City Clerk George J. Davis, City Attorney Hugh Kincaid, City Controler Alb J. Jones, City Engineer W. C. Smity Chief,of.Police Hollis Spencer, Fire Chief Burl Skelton, and Aldermen Heflin, Christie, Watson, Thomas, Faucette, and Short. Absent: Aldermen Wheeler, and Burgin. The minutes of the Regular Meeting on Monday April 12Jh, 1965 and of the Special Meeting on Wednesday, April 14th, 1965, a copy of which had.previously been mailed to each of the Alderman, were approved as WI! en, he City Planner presented the Petition from -Fred and Imma Shaffer for rezoning of property located on . S. Highway 71 South south of Cato Springs Road from R-2 Two -Family ResidentiallDj3trict to C-2 Th- roughfare Commercial District, which had been approved by the Planning Commission, iter a brief discussion the City Attorney introduced, and at the request of the Council, read a proposed rdinance in its entirety for the first time entitled, "AN ORDINANCE AMENDING ZONING ORDINANCE N0. 1239, ND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS APPROVED MAY 282 1962s TO REZONE CERTAIN REAL STATE FROM R-2 TWOZFAMILY RESIDENTIAL.DISTRICT TO'C-2 THOROUGHFARE COMMERCIAL DISTRICT!. ldennan Thomas moved that the rule be suspended and the Ordinance placed on the second reading. he motion was seconded by Alderman Heflin and passed unanimously. he Ordinance was then read for the second time. lderman Thomas then moved that the rule be further suspended and the Ordinance placed on the third and inal reading, he motion was seconded by A.derman Heflin and passed Onanimously. he Ordinance for the third and last time. he Mayor thin declared the Ordinance open for discussion. There being no -discussions the Maydr asked the uestion, "Shall the Ordinance pass?" Upon roll call the following tote was recorded,"AYE" Heflin, Christ atson, Thomas, Faucette, and Short. "NAY" none, here being six "AYES" and no °NAYS°, the Mayor declared the Ordinance passed. ORDINANCE N0. 1442 AN ORDINANCE AMENDING ZONING ORDINANCE N0. 12392 AND REVISED ZONING DISTRICT MAF OF FAYETTEVILLE, A' PPROVED RAY.28, 1962, TO REZONE CERTAIN REAL ESTATE FROM R-2 TWO-FAMILY RESIDENTIAL DISTRICT TO C-2 HOROUGHFARE COMMERCIAL DISTRICT. 's fee le to in inverse , st. The , 385) WHEREAS, a ptblmc Bearing was (geld before toe planning @omission of the City of F„yetteville, Ark - r ansas on April 13, 1965, on the petition of Fred G. and Emma 1. Shaffer, requesting that said Planning Commission recommend to the City Council of i+ayetteville, Arkansas that the City Council enact an ordinal rezoning the following described property which is presently zoned R-2 Two -Family Residential District, to -wits A part of the Northwest Quarter of the Northeast Quarter of Section 28, Townghip 16 North, Range 30 West, described as follows: B ginning at t point which is South 17 38' West 160.9 feet from a point which is one rod Sguth and 12 rods East of the Northwest corner of said 40 acre tract, and running $hence South 16 281 West 91.25 feet; thence South 770 01 East 238.7 feet, more of less, to the right-of-way of U. S. Highway No. 71; thence Ngrth 140 00 East with the West line of said highway right-of-way, 91.25 feet; thence North 77 01 West 232.4 deet to the place of beginning, from R-2 Two- Family Residential District toC-2 thoroughfare Commercial District, and ii1EMS, notice of said public hearing, setting forth the date, ti8m, place and purposes of hearing, location of property was qublished in th Northwest Arkansas Titls, a newspaper of general circulation said City, more that 15 days prior to said public hearing, and WHEREAS, following said public hearing, said Planning Commission certified to the City Council of of Fayetteville, Arkansas its recommendatioh that an'ordinance be adopted rezoning the above deac rty which is presently zoned R-2 Two Family Residential District to C4 Thoroughfare Commercial ict; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITYCOF FAYETTEVILLE, ARKANSAS: SECTION 1. That the above described property which is presently zoned R-2 Two -Family Residential ict be and the same is Zereby rezoned to C-2 Thoroughfare Commercial District, ` SECTION 2. That all ordinances or parts of ordinances in conflict herewith are hereby repealed, this Ordinanceshall be in full force and effect from tha after tis passage, approval and pbulica PASSED AND APPROVED this 26th day of April, 1965. . E,vBROWN, MA.�. TTEST: GEORGE J , CITY CLERK City Attorney read a proposed resolution in its entirity entitled"A RESOLUTION OF THE CITY COUNCIL OF CITY OF FAYETTEVILLE, AKANSAS; AUTHORIZING THE PREPARATION OF A CO1R",UNITY RENEWAL PROGRAM FOR THE CIT! FAYETTEVIILLE, ARKANSAS, AND THE FILING OF AN APPLICATION FOR FEDERAL GRANT TO ASSIST IN FINANCING ITS PARATICN." erman Thomas moved that the resolution be adopted. The motion was seconded by Alderman Shortand upon .1 call the following Vote was recorded,"AYE" Heflin, Christie, Watson, Thomas, Faucette, and Short, Y" none. re being six 1AYES" and no "NAYS" the Mayoxfdeclared the resolution adopted. 1 0I RESOLUTION NO. 6065 �y�•1 A RESOLUTION OF THE CITY C011NCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS, AUTHORIZIN G THE PREPARATION OF A ICOW.MTY RENEWAL PROGRAM FOR THE CITY OF FAYETTEVILLE, ARKANSAS, AND THE FILING OF AN APPLICATION FOR FEDERAL GRANT TO ASSIST IN FINANCING ITS PREPARATION. WHEREAS, under Title I of the Housing Act of 1949, as amended, the Housing and Home Finance Admini- ion is authorized to make grants for the preparation or completion of Community Renewal Program; and WHEREAS, it is desirable and in the public interest that the City of Fayetteville, Arkansas, prepare Communitv Renewal Program for the City of Fayetteville,.situated in the County of Washington and State Arkansas; and WHEREAS, IT IS RECOGNIZED THAT THE FEDERAL CONTRACT FOR A GRANT TO ASSIST IN THE PREPARATION ON THE ommunity Renewal Program will require, among other things, (1) preparation by the City of Fayetteville, he Community Renewal Program with all practicable despatch; (2) cohformance of the Community Renewal 'rogram with the general plan of the locality asa whole; (3) provision of the locality's share of the ost of preparation of the Community Renewal Program; and (4) other local obligations and responsibil- ties in connection with the preparation of the ommunity Renewal Program. NOW,.THEREFORE, BE IT RESOLVED By THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the preparation of the Community Renewal Program referred to above by the City of teville, Arkansas, is hereby authorized, SECTION 2. That the financial assistance under Title I of the Housing Act of 1949• as ammended, re- ed to above, is required to enable the City of Fayetteville, to finance the preparation of the unity Renewal Program, SECTION 3. That it is fully cognizant of the obligations and responsibilities that are imposed by a ral contract for a grant to assist in the preparation of a Community Renewal Program, and that it is sense of this body that such obligations can and will be fulfilled, Section 4. That the filing of an application by the City of Fayetteville, for a grant under Title of the Housing Act of 1949, as -amended, inan amount not to exceed $329000.00 to assist in financing e preparation of a Community Ronewal.Program dor the locality is hereby authorized and approved. PASSED AND APPROVED THIS 26th day of April, 1965. i TTEST: GEORGE V D9VIS11 CITY CLERK GUY W G5 �1/ e City Attorney then read a proposed resolution entitled ° A RESOL(PPION AMENDING RESOLUTICN NO. 10-61, SEPTmm 11, 1961, AND THE SKETCHES ATTACHED THERETO." ter a long discussion Alderman Short moved that Sub. Paragraph 3 -D -d be deleted as well as the referen this in 3 -D -b and that the Resolution be adopted as amended to became effective with next preliminary at which has not been Before the Planning Commission, e motion was seconded b7y Alderman Thomas and passed unanimously, whereupon the Mayor declared the sobution adopted. RESOLUTION N0. 745 RESOLUTION AMENDING RESOLUTION NO, 10419 OF SEPTEMBER 11, 1961; AND THE SKETCHES 2VACHED THERETO. WHEREAS, on September 11, 1961 the City Council of the City ofF$¢yetteville, Arkansas acting pursuant Ordinance No. 1262 of May 8, 1961 adopted Resolution No. 1041, govering the standards for street Ing, storm sewers, culverts and bridges, sidewalds and dveways w tiithin the jurisdiction of the City Fayetteville, Arkansas, and WHEREAS, it is now deemed to be in the best interest of the City of Fayetteville, to ammend said elution; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That Section 1, paragraph 2 be amended by adding the following sentence at the end of graph; "All work must be approved by the engineer." SECTION 2. That Section 1, paragraph 3D be amended to read as follows: D. Grades. (a) Grades on all streets shall be kept below 10 per cent except that minor streets may be built on gradesuup to 15 per cent of destances less than 300 feet. (b) All streets shall have permanent type pavement and, shall have curb and butter. (c) Concrete paving shall be used on all grades exceeding 10 per cent. SECTION 3. That Section 1, paragraph G should be amended to read as follows: (a) Surface must be of permanent type consistent with requirements found elsewhere herein, or as approved by the engineer. (1) Permanent paving; This surface may consist of,an approved "hot -mix" asphaltic concrete of the following thicknesses: Residential - 20 compacted thickness Collectors A and B - fi° compacted thickness Thoroughfare - 2P compacted thickness Or, 611 portland cement concrete may be used, in which case the requirements as set forth in paragraph F (Base) above will be unnecessary. 02) Further requirements: 91) Profile, cross sections and proper drainage provisions. (See sub -paragraphs 3B and 30. ('2) Bank -run gravel compacted to 90%'deesity (unless portland cement concrete pavement is used). (3) Curbs and gutters, minimum 24" width, laid to proper grade at proper distance back - to -back. (See attached sketch). SECTION S. That S,ction 1, paragraph 3H should be deleted in its entirety. SECTION 5. That the said Resolution should be further amended by deleting sketched 1 and 2 annexed eto, and substituting therefore sketches 1 and 2 annexed hereto. PASSED AND APPROVED this day of 19659 APPROIMD: GUY ET 13ROWNo MAYOR man Short moved that the Audit ROPi•t for the year 1964 be accepted and filed. motion was seconded by Alderman Fa Bette and passed unanimously erman Short introduced and read a proposed ordinance in its entirbty for the first time entitled,"AN INANCE FIRING RATES FOR SANITATION SERVICES FURNISHED BY THE SANITATION SYSEEM OF THE CITY OF FAYETTET LE, ARKANSAS, AND PRESCRIBINO. OTHER MATTERS PERTAINING TPERETO°, erman Short moved that the rule be suspended and the ordingnce placed on the second reading. motion was seconded by Alderman Thomas and upon roll call the following vote was recorded. 'AYE" lin, Christie, Watson, Thomas, Faucette and Short. "NAY" none. There being six "AYES" and no "NAYS" Mayor declared the mosion passed. Ordinance was then read for the second time. Mayor then declared the Ordinance open for discussion. er a brief discussion Alderman Thomas moved that the rule be Suabhadeduspended and the Ordinance place the third and final reading. motion was seconded by Alderman Heflin and u;on roll call the following vote was recorded, "AYE" Hefl istie, Watson, Thomas, Faucette, and Short. "NAY" none. There being six "AYES" and no "NAYS" the Mayo lared the rosion passed. Ordinance was then read for the third and last time. Mayor then asked the question"Shall the Ordinance pass?" upon roll call the following vote was re- ded "AYE" Heflin, Christie, Watson,jhomas, Faucette, and Short. "NAY" none. There being six "AYES" no 11NA'1f5" the Mayor declared the Ordirnance passed. C 93 finance ORDINANCE. N09 1443 1443 AN ORDINANCE FIXING RATES FOR SANITATION SERVICES FURNISHED BY THE SANITATION SYSTEM. OF THE CITY OF IFAYETTEVILLE, ARKANSAS, AND PRESCRIBING OTHER MATTERS PERTAINING THERETO. WHEREAS, the garbage and rubbish collection, hauling and disposal service persently serving the City of Fayetteville, Arkansas, (which will be hereinafter referred to as the "Sanitation Systeme) is in- adequate for the needs of the inhabitants of the City; and WHEREAS, the City Council has determined that the Sanitation System should be improved and extended and has accepted a special report and estimates of costs of the needed itAprovements and txtensions, which report is on file with the City Clerk and to which reference may be made by any interested person, and which in general calls for the following improvements. Purchase of trucks, containers and other equip- ment necessary for the collection of garbage and rubbish, construction of aniincinerator for the disposal of garbage and rubbish, purchase of equipment for leaf pick-up and disposal, purchase of equipment for insecticidal fogging for the control of Plies and other insects, construction of an animal shelter, purchase of trucks, vehicles and other equipment for ineessary for the supervision of the Sanitation System(which will be hereinafter referred to as the "improvements"), all at an estimated cost of $ $200,000.00, including legal and other necessary expenses incidental to the purchase and construction of the improvements and to the issuance of revenue bonds; and WHEREAS, the City does not have funds available to undertake and complete the improvements, but can obtain the same by the issuance of revenue bonds; and WHEREAS, as the initial step in said undertaking, it tt necessary for the City bb establish rates to be charged for the services of the Sanitation System; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITv OF FAYETTEVII,LE, ARKANSAS: SECTION 1. That the following rates be, and they are hereby fAxed as rates to be charged for sani- tation services furnished by the Sanitation System of the City of F yetteville, Arkansas, which rates the Council finds and declares to be resonable and necessary minimum rates to be changed: Servi The monthly residential rates shall be $1.50 per month for each single family dwelling unit, limited to two garabage cans not to exceed thirty-two (32) gallons capacity each. Sanitation services shall be the collection, hauling and disposal of garbage not less than two times each week, the collection, hauling and disposal of rubbish, leaves, grass and shrubbery trimmings once each week, and other services provided b the sanitation system of the City of F,yetteville, Arkansas. Schedule B The monthly commercial rate shall be $3.00 per month for each mommercial establishment I using one can not to exceed thirty-two gallon cppacity. Any commercial establishment using more that one thirty- two gallon capacity can shall be charged $3.00 per 'month for each can and each can shall not exceed thirty-two gallon capacity. In the event that commercial establishments require bulk puck -up service of cartons, crates, baskets or of any rubbish not placed in thirty-two gallon capacity cans, such commercial establishments the rate for bulk pick-up service shall be $0.25 per minute required per pick-up, Commercial sanitation services shall be the collection, hauling and disposal of garbage and rubbish and other services provided by the sanitation system of the City of Fayetteville, Arkansas, once.each day except bundays and authorized holidays for City employees in all business areas. Lodal Type Container Service Rates Schedule C The rate for any person using Lodal Type Containers for the Collection of garbage and uul�bish shall be as indicated below per service for the emptying of same. Container Size Charge per Service 1 cubic yard $ .75 2 cubic yard 1,50 3 cubic yard 2,25 4 cubic yard 3,00 cubic yard 4.50 6 cubic yard 6.00• Dumping and or Incinerator Rates Schedule D Passenger vbhicle fP. 471 For each truck load, or part of a load, for trucks with a gross vehiple weight of: 0 pounds to 6,000 pounds $ .35 6,001 pounds through 12,00 .50 12,001 pounds and above 1.50 Semi -trailers, tractor units 2.00 Compactor type trucks 3.00 SECTION 2. The billing for services hereby provided for shall be included in the bill rendered hly to each user of City water, or such services may be billed by any other practicable means or ection, and it shall be the duty of each owner, occupant, tenant or leassee to pay for the services ided for on or before the tenth day of each month at the same time and in the same manner Drovided payment of water bills. SECTION 3. In the event that the billing for services provided for herein are not paid on or before tenth day of the month when due, a penalty of ten per cent (10$) is hereby levied. Such penalty 1 become a part of and be collected with the regular billing for services hereto fore levied. W: SECTION 4. That in the eventlthat Sanitation Revenue Bonds ofthe City to purchase and construct th a are issued, the City covenants and agrees that the rates herein established shall never"tie reduced, tation revenue Bonds are outstanding, unless there is obtained from an independent certified publdc'a ificate that the net revenues of the System for each of the two preceding fiscal years (net revenues ned as gross revenues less the reasonable expenses of operation and maintenance of the System, includ: expense items properly attributable to operation and maintenance under generally accepted accounting tices applicable to operation and maintenance under generally accepted accouhting practices applicabl, municipal sanitation service systems) were equal to the mount required to be set aside for a replacem by the ordinance authorizing the issuance of Sanitation revenue Bonds plus at least 150% of the max - amount that will become due in any year for principal, interest and service charges on all Sanitatioi tnue Bonds then outstanding, together with a wkitten opinion from said independent certified public untant that the proposed new rates will produce su fficient net revenues, as above defined, to make required deposit into the daid replacement fund and to leave a balance equal to at least 150$ of maximum amount that will become due in any year for principal, interest and service charges on all tation Revenue Bonds then outstanding. SECTION 5. That the provisions of this ordinance are separable and, if a section, phrase or ero- sions shall be declared invalid, such declaration shall not affect the validity of the remainder of e ordinanc8. SECTION 6. That all ordinances and resolutions and parts thereof in conflict herewith are hereby led to the extent of such conflict. SECTION 7. That the rates fixed by this ordinance shall go into effect on the first day of July, 965 so that the first bills will be submitted and will be due and payable between July 1, and Jul# 10, 965. , PASSED THIS 26th day of April, 1965. a thorize Tye City Planner presented a proposed Sub Dividers Contract between The City and Guy E. Brown, which had b been a approved by the Planning Commission. eiders IiAeraa brief disucssion Alderman Christie moved.that the City Clerk be and he is hereby authorized to ntract execute the Sub Dividers Contract with Guy E. Brown, F E. The motion was seconded by Alderman Short and Passed Unanimously. sem_ I Adv. Alderman Christie reported that the Street department was in need of some new equipment which was ex - r �plained by Street Superentendent Junior Parker. After a lengthy discussion Alderman Christie moved ds that the City Engineer and Street Superintendent be authorized to perpare plans and specifications for . Equip, a new Asphalt Spreader and annew roller and that the Mayor be authorized to advertize for bids. The motion was seconded by Alderman Faucette and Passed unanimously. Adv., ',Alderman Christie reported that a new Vocational School was being planned for construction near the City. bids Limits to the South West of the City and that the School District had offered to pay the sum of $5000.00 toward the cost of providing sewer mains to this area. er After a brief discussion Alderman Christie moved That when the Fayetteville School Listrict agrees in, ip. writing to pay $5000.00 toward the cost of probiding sewer mains to the area of the proposed Industrial 'School.School and Junior High School on Sangand the Old Farmington Road, the City advertise for bids to do this I at a total estimated cost for the project of 25,000.00. The motion was seconded by Alderman Faucette and passed unanimously. it Line Representitives of the Central Arilines appeared before the eouncil in regard to a new contract with the ontract 8ity for the facialities at the Municipal Air Port. iscussed. A long discussion was had but no other action was taken at this time, e being.no further business, Alderman Heflin moved to adjourn, motion was seconded by Alderman 8herbeanddpdsbed unanimously,whereupon the Mayor declared the APPR0VED: 2" GUY M BR0VM, MAYOR GEORGE J DA , CITY CLERK City Council of Fayetteville, An.ansas met th Special Session on Thursday April 29, 1965 at 12:oo no the Mountain Inn Motor Lodge. sent Mayor Guy E. Brown, City Controler Albert J. J,,nes, City Attorney Hugh Kincaid, City Engineer W. th, and Alderman Hefldn,Chriatie, Watson, Thomas Burgin Faucette and Short. Absen.t: Wheeler, Alderma City Clerk George Davis. t9ayor , Mayor reported that the purpose of the meeting was to discuss a location for a Radio Tower for the orola Company and that all Aldermen had been noitfied by U. S. Mail and by telephone,but Alderman eler was sick and unable to attend but had waved notice of the meeting . WAIVER OF NOTICE OF SPECLALtMEETING OF FAYETTEVILLE, CITY COUNCIL eomes now the undersigned, being a duly elected, qualified, and acting member of the City eouncil of City bf Fayetteville, Arkansas, and specifically waives notice of a special meeting of the Fayettevil Council to be held in the "ity Council )doom of the ''ity Administration Building, Fayetteville, Ark - a, at 12:00 o8clock noon, on Thursday, April 29, 1965. Dated this 29th day of April, 1965, Alderman Ward 2 Nriong discull_don improve- hile any ountant a