HomeMy WebLinkAbout1966-08-08 MinutesM
IApproved St
Improvement
D. Install 20,000 lumen mercury vapor lights on existing poles with long mast arms on
Highwas 71 North at:
1. Intersections of Rolling Hills Drive, Millsap Road and Stearnes Road,
2. Four (4) Between Township Road and Rolling Hills Drive spaced about 800
feet apart, Cost of the 20,000 lumen mercury vapor is $3.75 per month
on wooden poles.
E. Install 20,000 lumen mercury vapor lights on existing poles with long mast arms on
Highway 71 South at:
1. Intersections of Bailey Drive and Sunrise Mountain Road.
2. In front of EPC of Arkansas Plant
F. Provide a lighting plan to more adequately light "Clay Yoe Hill" and other developments
to the west and south. Also, a plan for Maplecrest Addition and the additions south of
Ash (part of Whiskey Flats)
G. Install 80000 lumen mercury vapor on Popular and Easy, Birch, Chestnut ant Leverett;
On Leverett at Davis and Bel4ir Drive; on OldWire Road at Broadview: Elmwood and
Overcrest. •
He also recommended that Ozark Reral Electric Cooperative be authorized to proceed with the following
street light improvements.
A. Install 8,000 lumen Mercury vapor lights on Huntsville Road with long mast arms at:
Light 1. Intersections of Happy Hallow Road, Ray Avenue, Jerry Avenue and Buckner Braden
;ram Road.
2. One about 600 feet west of Happy Hallow Road
3. One about 500 feet west of Buckner Braden
B. Install 8,000 lumen mercury vapor lights on Township Road at:
1. Intersection of Austin Drive
2. 500 feet east of Austin Drive
C. Install 4,000 lumen mercury vapor lights on Rolling Hills Drive:
1.
At intersections of
Oaks
Manor Drive and Sheryl Avenue
2.
Between Oaks Manor
Drive
and Sheryl Avenue
Director Mblton moved to approve the street lightiA*g1t4=SvffipnbveFM6m as recommended by the City
6VA . •
motion was seconded by Director McFerran and passed unanimously.
There'being no further business Director Dunn moved to adjourn. The motion was seconded by Director
Christie and passed unanimously, whereupon the Mayor declared the meeting adjourned,•
APPR
ATTEST: I
_ DON T(R 0,
GEORGE IS, CITY CLERK
Special Meeting .
The Board of Directors of the City of Fayetteville, Arkansas met in special.session at its regular
meeting place in Fayetteville, Arkansas at 7:30 o'clock p.m., on the 8th day of August,.1966. The
following were present: Mayor Don Trumbo; City Clerk George J. Davis; and Directors Sylvia Swartz,
Joe McFerran, Garland Melton, and Dale Dunn.
Absent: Directors James T. Kerlineand Arnold Christie.
Purpose of Meeting
OrdinancelNo. 1508
The Mayor stated that consideration should be given to an ordinance providing for the issuance of
Waberworks and Sewer Revenue Bonds, Series .1966, and providing for the financing of the cost of
constructing improvements to the Waterworks and Sewer System of the City, and other related matters.
This was a matter with which the Board of Directors was familiar and after a discussion, Director
Melton introduced an ordinance entitled:"AN ORDINANCE PROVIDING FOR THE ISSUANCE OF WATERWORKS AND
SEWER REVENUE BONDS, SERIES 1966, BY THE CITY OF FAYETTEVILLE, ARKANSAS FOR THE PURPOSE OF FINANCING
THE COST TO THE CITY OF CONSTRUCTING EXTENSIONS, BETTERMENTS AND IMPROVEMENTS TO THE WATERWORKS AND
SEWER SYSTEM OF THE CITY; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE BONDS;
PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY" and the City Clerk read the
ordinance in full.
Director Melton, seconded by Director Swartz moved that the rule requiring the reading of an ordinance
or resolution in full on three different days be suspended and that the ordinance be placed on its
second reading. The Mayor put the question on the adoption of the motion and the roll being called,
the -following voted Aye: Swartz, McFerran, Melton, Trumbo, Bunn, and the following voted May: None.
Thereupon the Mayor declared that At least two-thirds of all members of the Beard having voted in
favor of the motion to suspend the rulA, the motion was carried and the rule suspended. The ordinance
was•then read by the City Clerk.
Director Melton, seconded by Director Swartz, then moved that the rule requiring the reading. of an
ordinance in full on three different days be further suspended and that the ordinance be placed on
' its third reading. The Mayor put the question on the adoption of the motion and the roll being
called the following voted Aye: Swartz, McFerran, Melton, Trumbo, Dunn, and the following voted
Nay: None.
The.Mayor declared that at least two-thirds of all members elected to the Board having voted in
favor of the motion to suspend the rale, the motion was carried and the rule suspended. The ordinance
was then read by the City Clerk.
Director Melton, seconded by Director McFerran, then moved that the ordinance be adopted. The
I
uestion was put by the Mayor on the adoption of the motion and the roll being called, the following
voted Aye: Swartz, McFerran, Melton, Trumbo, Dunn, and the following voted Nay: None,
r 50
lector Melton, seconded by Director Swartz, moved that Section 23, the emergency clause, be adopted,
roll call the following voted Aye: Swartz, McFerran, Melton, Trumbo, Dunn, and the following voted
None.
Mayor thereupon declared the ordinance and the emergency clause adopted and signed the ordinance, '
;h was attested by the City Clerk and impressed with the seal of the City. The ordinance was given
1508.
ORDINANCE N0. 1508
AN ORDINANCE PROVIDING FOR THE ISSUANCE OF WATERWORKS AND SEWER REVENUE BONDS, SERIES 19662 BY THE CITY
OF
FAYETTEVILLE, ARKANSAS. FOR THE PURPOSE OF FINANCING THE COST TO THE CITY OF CONSTRUCTING EXTENSIONS,
finance NO. BETTERMENTS AND IMPROVEMENTS TO'THE WATERWORKS AND SEWER SYSTEM OF THE CITY; PROVIDING FOR THE PAYMENT
508 OF THE PRINCIPAL OF AND I19PERFST ON THE BONDS; PRESCRIBING OTHER MATTERS RELATING THERETO; AND
DECLARING AN EMERGENCY
HEREAS the municipally owned waterworks and sewer facilities of the City of Fayetteville, Arkansas
called "City") are operated as one municipal undertaking and will be herein sometifte referred to
e the "System"; and
HEREAS extensions, betterments and improvements to the System are necessary and the City has had
repared by John E. Mahaffey & Associates, Inc, and L.M. McGoodwin, Consulting Engineers, Fayetteville,
rkansas, preliminary plans and estimates (called "Engineering Reports"), and the Board of Directors
nd officials of the City and the Department have studied the Engineering Reports, conferred with the
onsulting engineers and otherwise imvestigated the extensions, betterments and improvements reflected
herein (herein collectively referred to as the "improvements") and the methods of financimg them,
11 from the standpoint of the best interest of the City, its inhabitants and the users of the System;
HEREAS it has been, and is hereby, determined that the improvements reflected by the Engineering Reports
copies of the Reports being on file in the office of the City Clerk to which reference may be had for
he details of the improvements and the estimates of cost and made a part hereof for all purposes)
hoUd be accomplished, and that there should be issued at this time $4,300,000 in principal amount I f Waterworks and Sewer Revenue Bonds, Series 1966 (herein referred to as the "bonds" or the "bonds
f this issue"); and
REAS the City has outstanding at this time $4,685,000•00 in principal amount of Waterworks and
er Revenue Refunding Bonds dated June 1, 1963 (called "outstnading bonds") issued under and secured
the provisions of Resolution 743, adopted and approved on April 8, 1963,•(called "Resolution 743");
WHEREAS the bonds can be issued on a parity of security with the outstanding bonds provided the
conditions set forth in Section 19 of Resolution 743 have been complied with and the Board of Directors
has determined that those conditions have been complied with and that, therefore, the bonds will be
issued on and will rank on a parity of security with the outstanding bonds.
NOW, THEREFORE, BE IT ORDAINED by the Board of Directors of the City of Fayetteville, Arkansas:
Section 1.. That the improvements be accomplished. In this regard, the appropriate officials of the
City be and'they are hereby authorized to execute all contracts and inbtruments and take all action
necessary to accomplish the construction of the improvements and to carry out the authority conferred
by this Ordinance or to evidence the exercise thereof.
Section 2. That under the authority of the Constitution and laws of the State of Arkansas, including
particularly Act No. 131 of the Acts of Arkansas for the ,year 1933, -as amended,.Act No.. 132 of the Acts
of Arkansas*for the year 1933, as amended, and Act No. 297 of the Acts of Arkansas for the year 1997,
as amended, and the decision of the Supreme Court of the State of Arkansas in Harrison V. Braswell,
209 Ark. 1094, 194 S.W. 2d 12 (1946), City of Fayetteville, Arkansas, Waterworks and Sewer Revenue
Bonds, Series 1966, are hereby authorized and ordered issued in the aggregate principal amount of
$4,300,000.00• The bonds shall be.dated September 1, 1966 and interest thereon shall be payable on '
December 1, 1966 and semiinnually thereafter on June -1 and December 1 of each year. The bonds shall
be initially issued as fully registered bonds (registered as to principal and as to interest) and the
principal and interest shall be payable.at the principal office of Republic National Bank of Dallas,
Dallas, Texas. All of the bonds will bear interest at the rate of 4.10% per annum from date to June 1,
1970 and at the rate of 4-1/2,% per annum thereafter until paid. The bonds shall be nembered and
shall mature as set forth in the following schedule, unless.the principal is prepaid as hereafter
provided, and the bonds shall be in the varying denominations reflected by the schedule (with there
being one bond for each year in the denomination of the entire principal maturity dor bhel,'year)i
YEAR
BOND
NOS.
PRINCIPAL
AMOUNT
June 1
1979
R- 1
$ 25,000
1980
R- 2
259000
1981
R- 3
25,000
1982
R-,;'.4
25,000
1983
R- 5
25,E
1984
R- 6
25,000
1985
R- 7
25,000
1986
R- 8
259000
1987
R- 9
25,000
1988
R-10
25,000
1989
R-11
25,000
1990
R-12
25,000
1991
R-13
325,000
1992
R-14
345,000
1993
R-15
355,000
1994
R-16
3659000
1995
R-17
385,E
'
1996
R-18
4059000
1997
R-19
4259000
1998
R-20-
445,E
1999
R-21
465,000
2000
R-22
485,000
511
Payments -of interest and prepaydients of principal made in respect of any bond may be made to the
Ordinance No. registered holder thereof or his designated agent, without surrender of the bond, and all such payments
1508 (Cont.) shall fully discharge the obligations of the City in respect of such bond to the extent of the payments -
so made. The Paying Agent is to keep a duplicate record of all payments made, ypon request the registerec
owner of any bond 'shall present the same to the Paying Agent so that proper notation of the payment can
be made on the Payment Record attached to the bond. The City agrees that as soon as reasonably possible
after the receipt by the City of the written request of the registered holder of any bond and upon
receipt by the City of the expenses to be incurred by it or a showing to the City, to the satisfaction
of the City, that expenses will be paid upon request, the City will prepare and execute negotiable
oapon bonds payable to bearer but registerable as to principal only, in the denomination of $1,000 or
$5,000 each, as requested by the registered holder, in substantially the form of caupon bond hereafter in
this Ordinance set forth, in an aggregate principal amount equal.to the unpaid principal amount of the
registered bond, with coupons annexed thereto maturing after the date;to which interest on the fully
registered bond shall have been paid, and the City will cause the coupon bonds to be authenticated by
Republic National Bank of Dallas, Dallas, Texas (herein sometimes called the "Baying Agent!') and deliverer
to the registered h&lder of the fully registered bond upon surrender and cancellation df the registered
bond. The City shall at the time of any such written request for an exchange of a fully registered
bond for coupon bonds deliver to the Paying Agent a Certificate certifying the principal amount thea
unpaid on the fully registered bond and the date to which interest od the Hilly registered bond shall
have been fully paid. Any fully registered bond so surrendered shall be cancelled and delivered to
the City. The Paying Agent shall be fully protected in relying on any certificate or ordinance or resolut
delivered to it under the provisions of th&s Section. The coupon bonds received in exchange shall
contain the designation of the fully registered bond and in addition shall be numbered consecutively
fiom 1 upwards; for example, the designation shall be "R-1-1" etc. There shall be no exchange privilege
from coupon bonds to fully registered bolds.
[Section 3. The bonds shall be executed on behalf of the City by the Mayor and City Clerk and shall have
impressed thereon the seal of the 8ity. The facsimile signature of the Mayor may be used upon compliance
with the provisions of Act No. 69 of the Acts of Arkansas for the year 1959. Interest coupons attached
to the coupon bonds shall be executed by the facsimilt lignature of the Mayor. The Mayor's facsimile
signature shall have the same force and effect as if he had personally signed the bonds or coupons.
The bonds shall be executed by the manual signature of the City Clerk. The principal of and interest
' on the bonds shall be payable solely out of the Bond Fund (hereafter referred to) and shall be a valid
claim of the bondholders only against the Bond Fund and the revenues pledged totthe Bond Fund which
revenues (being net revenues derived ftom the operation of the System) are hereby pledged and mortgaged
for the equal and ratable payment of the principal of and interest on the bonds, and the optstanding
bonds which rank on a parity of security, and the Bond Fund shall be used for no other purpose. The
principal of and interest on the bonds shall not constitute an indebtedness of the City within any
constitutional or statutory limitation.
The fully registered bonds shall be in substantially the following form:
(Form of fully registered bond).
UNITED STATES OF AMERICA
STM OF MMMSC
COUNTY OF WASHINGTON
CITY OF FAYETTEVILLE, ARKANSAS
WATERWORKS AND SEWER REVENUE BOND
SERIES 1966
R-
ALL,,M 1 BY THESE PRESENTS:
$
That the City of Fayetteville, Washington County, Arkansas, a municipality duly existing under the
Constitution and laws of the State -of Arkansas (called "City"), for tUue received, promises to pay
' to Republic National Bank of Dallas, Dallas, Texas or assigns (called "Payee") the principal sum of
DOLLARS
the first day of June, 19:+ in such coin or currency of the United States of America as at the
s of payment shall be legal tender for the payment of debts due the United States of America, and to
interest on the principal amount of this bond from time to time remaining unpaid in like coin or
rency, at the rate of 4.10% per annum from date to June 1, 1970, inclusive,.and at the rate of
/2,% thereafter until paid, payable on December 1, 1966,Sand semi-annually thereafter on June 1
December 1 of each year. Payment of principal and interest shhll be made at the office of Republic
ional Bank'of Dallas, Dallas, Texas (called "Paying Agent"). Payments of principal and interest,
luding prepayments of principal as hereafter provided, shall be by check mailed to the Payee and
menta other than the final payment at maturity shall be made without the necessity of the Payee's
rendering this bond and all payments so made shall fully discharge the obligations of the City to
extent of the payments so made. The Paying Agent shall keep a record of all payments and the Payee
at any time submit this bond to the Paying Agent for completion of the Payment Record ad to all
menta theretofore made. Upon final payment of principal and interest, this bond shall be submitted
the Paying Agent for cancellation and surrender to the City,
s bond is one of an issue of bonds aggregating Four Million Three Hundred Thousand Dallars ($$,300,000;
principal amount, issued initially as fully registered bonds, designated "City of Fayetteville,
ansas Waterworks and Sewer Revenue Bonds, Series 1966", dated September 1, 1966 (called the "bonds").
bonds are being issued for the purpose of financing the cost of constructing extensions, betterments
improvements to the Waterworde and Sewer facilities of the City (which are operated as one system
herein referred to as the "System"), paying necessary expenses incidental thereto and paying the
enses to the City of issuing the bonds.
' [The bonds are issued pursuant to and in full compliance with the Constitution and laws of the State
of Arkansas, particularly Act No. 131 of the Acts of Arkansas for the year 1933, as amended, Act 132
)of the Acts of Arkansas for the year 1933, as amended, Act No. 279 of the Acts of Arkansas.for the year
11937, as amended, the decision of the Supreme Court of the State of Arkansas in Harrison v. Braswell,
209 Ark. 1094. 194 S.W. 2d 12 (1946) and pursuant to Ordinance No. 1508 adopted and approved on the
8th day of August, 1966 (herein called the "authorizing ordinance" The bonds are not general
'obligations of the City, but are special obligations payable solely from net revenues derived from the
'operation of the System. There are presently outstanding an issue of City of Fayetteville Waterworks
and Sewer Revenue Refunding Bonds, dated June 1, 1963 (called "outstanding bonds") issued under
Resolution 7-63 adopted and approved on April 8, 1963 (called "Resolution 7-63'% and the bonds are
f 52
being issued on and shall rank on a parity of security with the outstanding bonds. Provision is made
rdinance for an amount of the net revenues derived from the operation of the System sufficient to pay the
o. 1508 principal of an interest on the bonds and on the outstanding bonds to be set aside in a special fund -
Cont.) for that purpose identified as the "Waterworks and Hewer Revenue Refunding Bond Fund" (created by
Section 5 of Resolution 743) with reference being hereby made to the authorizing ordinance (and to
Resolution 743) for a detailed statement of the nature and extent of the security, the rights and
obligations of the City and the registered vwners and holders of the bonds and the terms and conditions
upon which the bonds are issued, including, without limitation, the covenant of the City to fix and
maintain rates for water and sewer services which shall be sufficient at all times to at least provide
for the payment of the reasonable expenses of operation and maintenance of the System, the payment of
the principal of, interest on and Paying Agent's fees in connection with the bonds and the outstanding
bonds, as the same become due, and to maintain the other Funds at the required levels.
As provided,in the authorizing ordinance, this bond is exchangeable at the expense of the registered
holder, at any time, upon notice to the City and upon surrender of this bond to the City at the office
of the Paying Agent, for negotiable coupon bonds, payable to bearer but registerable as to principal
only, in the denomination of $1,000 or $5,000 each, in an aggregate principal amopnt equal to the
unpaid &kncipal amount of this bond, and in the form of coupon pond provided for in the authorizing
ordinance.
The bonds shall be subject to redemption prior to maturity as follows:
(1) In the case of excess funds from the proceeds of the sale of the bonds in the Construction
Fund after the construction of the improvements has been completed and in the case of surplus revenues
derived from the operation of.the System, as set forth in the authorizing ordinance, the bonds shall
be subject to redemption prior to maturity from funds from those sources, in whole or in part, on
any interest payment date, at a price of.par and accrued interest with the redemption to be in inverse
order of maturity (if less than all of a single maturity, then the principal mount of the fully regis
bond'for that maturity shall be•prepaid in multiples of $1,000, or if there are exchange coupon bonds
for that maturity, ,then the exchange coupon bonds are to be redeemed in inverse numerical order); and
(2) In the case of funds from any other source the bonds shall be subject to redemption prior
to maturity, in whole but.not in part, on any interest payment date between December 1, 1968 and
December 1, 1970, inclusive, at a price of par and accrued interest and on any interest payment date
on or after June 1, 1971 at a price of par and accrued interest plus a premium of one per cent (1$)
of the principal amount being redeemed.
In the case'of registered bonds (fully registered or registered as to principal only) notice of redemptio;
shall be given at least 15 days before the redemption date by mailing to the registered owner of each
bond a notice specifying the redemption date and the number and maturity of the bonds being redeemed
(in the case of a partial prepayment of a maturity the notice shall specify the bond which is being
partially prepaid and the amount of principal being prepaid). In the case of exchange coypon bonds
(payable to bearer or registered as to principal) there shall be published a notice of the redemption
one time in a newspaper published in the City of Little Rock, Arkansas and having a general circulation
throughout the State of Arkansas giving the number and maturity of each exchange coupon bond being
called with the publication being at least 15 days prior to the redemption date. After the redemption
date each bond called for redemption (and in the case of a partial prepayment the amount of the principal
being prepaid) shall cease to bear interest provided funds for the redemption are on deposit with the
Paying Agent at that time.
The fully registered bonds may be assigned, and upon assignment the assignor shall promptly notify
the City at the office of the Paying Agent by registered mail, and the assignee shall surrender the
bond to the Paying Agent either in exchange for a new registered bond for transfer on the -registration
records and verification of the endorsement made on the payment record attached hereto of the portion
of the principal hereof and interest hereon paid or prepaid, and every such assignee shall take this
bond subject to this condition. .
It is hereby certified that all conditions, acts and things required to exist, to have happened and
to have been performed peecedent,to and in the issuance of this bond do exist, have happened and have
been performed in regular form, time and manner; that the indebtedness represented by the bonds
does not exceed any constitutional or statutory limitation; and that sufficient revenues derived from
the operation of the System have been pledged for and will be applied to the payment of the principal
of and interest on the bonds to make those payments as the same become due.
This bond shall not be entitled to any benefit under the authorizing ordinance or be valid or become
obligatory unless it shall have been authenticated by the Paying Agent completing the Certificate
appearing hereon. ,
IN WITNESS WHEREOF, the City of Fayetteville, Arkansas
has caused this
bond to he executed in its
name by its Mayor and City Clerk.(with the facsimile signature of the
Mayor but with
the manual signature
of the City Clerk), thereunto duly authorized, and its
corporate seal
to be affixed,
all as of the
first day of September, 1966.
t
CITY OF
FAYET TEVILLE,
ARKANBAS
ATTEST:
By
(facsimile signature)
Mayor
City Clerk
(SEAL)
CERTIFICATE
This bond is one of the fully registered bonds that is part of an issue of City of Fayetteville, Arkansas
Waterworks and Sewer Revenue Bonds, Series 1966, dated September 1, 1966, aggregating $4,300,000 in
principal amount. 11
REPUBLIC NATIONAL BANK OF DALLAS
DALLAS, TEXAS
By
Authorized Signature
(Form of Assignment)
For value received, the registered owner last listed below sella, conveys, transfers, assigns and
delivers this bond to the assignee last lidted belowP
Registered Owner
Assignee
1
rdinance No.
15081(Cont.)
r
I I
1
PAYMENT RECORD
Name of Paying Agent
Principal Interest ..Authorized Official
December 1, 1966
June 1, 1967
December 1, 1967
June 1, 1968
December 1, 1968
June 1, 1969
December"1, 1969
June 1, 1970
December 1, 1970
June 19 1971
December 1, 1971
June 1, 1972
December 1, 1972
June 1, 1973
December 1, 1973
June 1, 1974
December 1, 1974
June 1, 1975
December.1,1975*
June 1, 1976
December 1, 1976
June 1,_ .19.77_-
December 1, 1977
June 1, 1978
December 1, 1978
June 1, 1979
December 1, 1979
June 1, 1980
December 1, 1980
June i, 1981
December 1, 1981
June 1, 1982
December 1, 1982
June 1, 1983
December 1, 1983
June 1, 1984
December 1, 1984
June 1, 1985
December i, 1985 _
June 1, 1986
December.l, 1986
June 1, 1987
December 1,•1987
June 1, 1988
December 1, 1988
June 1, 1989
December 1, 1989
June 1, 1990
December'1, 1990
June 1, 1991
December 1, 1991
June 1, 1992
December 1, 1992
June 1, 1993
December 1, 1993
Jame 1, 1994 _
December 1, 1994
June 1, 1995
December 1, 1995
June 1, 1996
December 1, 1996
June 1, 1997 _
December i; 1997 _
June 1, 1998
December 1, 1998
June 1, 1999
December 1, 1999
June 1, 2000
AN8 ;
WHEREAS the coupon bonds, interest coupons to be attached thereto and the Certificate to be endorsed
thereon are allto be in substantially the following form,wwith necessary variations, omission's and
insertions, to -wit:
53
ff
ce Nb,
(Cont,
Ordinance No.
UNITED STATES OF AMERICA
STATE OF ARKANSAS
COUNTY OF WASHINGTON
CITY OF FAYETTEVILLE, ARKANSAS
WATERWORKS AND HEWER REVENUE BOND
SERIES 1966
No. R- -
KNOW ALL MEN BY THESE PRESENTS:
That the City of Fayetteville, Washington County, -Arkansas, a municipality under the laws of the State
of Arkansas (called "City") for value received, promises to pay to bearer, or it this bond be registered
to the registered owner hereof, on June 1, 19 , the principal sum of k
DOLIARS ($ )
in such coin or currency of the United States of America as at the time of payment shall be legal
tender for the payment of public and private debts, and to pay in like coin or currency interest on
said principal amount from the date hereof until June 1, 1970 at the rate of 4.10$ per annum and there-
after until paid at the rate of 4-1/2% per annum, such interest to be payable on December 1, 1966
and semiannually thereafter on June 1 and December 1 of each year upon presentation and surrender of the
annexed coupons as they severally become due. The principal and interest is payable at the principal
office of Republic National Bank of Dallas, Dallas, Texas (the "Paying Agent").
This bond is part of an issue of bonds aggregating Four Million Three Hundred Thousand Dallare ($4,300,0(
in principal amo nt, designated "City of Fayetteville, Arkansas Waterworks and Sewer Revenue Bonds,
Series 1966", dated September 1, 1966 (called the "bonds"). The bonds were initially issued as fully
registered bonds but this bond is one of several exchange coupon bonds issued in exchange for and in
lieu of a fully registered bond pursuant to the exchange privilege contained in the authoriaing
ordinance (hereafter identified).
The bonds are issued pursuant to and in full compliance with the Constitution and laws of the State
of Arkansas, particularly Act No. 131 of the Acts of Akkansas for the year 1999, as amended, Act No. 132
of the Acts of Arkansas for the year -1933, as amended, Act No. 297 of the Acts of Arkansas for the
year 1937, as amended, the decision of the Supreme Court of the State of Arkansas in Harrison v.
Braswell, 209 Ark, 1094, 194 S.W. 2d 12 (1946) and pursuant to Ordinance No. 1508 'adopted and approved
on the 8th day of August, 1866 (herein called the "authorizing ordinance" . The bonds are not
general obligations of the City, but are special obligations payable solely from net revenues derived
from the operation of the System. There are presently outstanding an issue of City of Fayetteville
Waterworks and Sewer Revenue Refunding Bonds, dated June 1, 1963 (called "outstanding bonds") issued
under Resolution 7-63 admpted and approved on April 8, 1963 (called "Resolution 743"), and the bonds
are being issued on and shall rank on a parity of security with the outstanding bonds. Provision is mad<
for an amount of the net revenues derived from the operation of the System sufficient to pay the
principal of and interest on the bonds and on the outstanding bonds to be set aeide'in a special fund
for that purpose identified as the "Waterworks and Sewer Revenue Refunding Bond Fund" (created by
Section 5 of Resolution 743) with reference being hereby made to the authorizing ordinance (and to
Resolution 743) for a detailed statement Bf the nature and extent of the security, the rights and
obligations of the City and the registered owners and holders of the bonds and the terms and conditions
upon which the bonds are issued, including, withoyt limitation, the covenant of the City to fix and
maintain rates for water and sewer services which shall be sufficient at all times to at least provide
for the payment of the reasonable expenses of operation -and maintenance of the System, the payment
of the principal of, interest on and Paying Agent's fees in connection with the bonds and the outstandinf
bonds, as the same become due, and to maintain the other Funds at the required levels. '
The bonds shall be subject to redemption .prior to maturity as follows:
(10 In the case of excess funds from the proceeds of the sale of the bonds in the Construction
Fund after the construction of the improvements has been completed and in the case ofosurplus revenues
derived from the operation of the System, as set forth in the authorizing ordinance, the bonds shall be
subject to bedemption prior to maturity from funds from those sources, in whole or in part, on any interee
payment date, at a price of par and accrued interest with the redemption to be in inverse order of maturit
(if less than all of a single maturity, then the principal amount of the fully registered bond for that
maturity shall be prepaid in multiples of $1,000, or if there are exchange coupon bonds 'for that maturity,
then the exchange coupon conds are to be redeemed in inverse numerical order); and
(2) In the case of funds from any other source the bonds shall be subject to redemption prior to
maturity, in whole but not in part, on any interest payment date between December 1, 1968 and December 1,
1970, inclusive, at a price of par and accrued interest and on any interest payment date on or after June
1971 at a price of par and accrued interest plus a premium of one per cent (1%) of the principal amount
being redeemed.
In the case of registered bonds (fully registered or registered as to principal only)4notice of redemptior
shall be given at least 15 days before the redemption date by mailing to the registered owner of each
bond a notice specifying the redemption date and the number and maturity of the bonds being redeemed
(in the case of a partial prepayment of a maturity the notice shall specify the bond which is being
partially prepaid and the amount of principal being prepaid). In the case of exo mga.'coupon bonds
(payable to bearer or registered as to principal) there shall be published a notice of the redemption
one time in a newspaper published in the City of Little Rock, Arkansas and having a general circulation
throughout the State of Arkansas giving the number and maturity of each exchange coupon bond being called
with the publication being at least 15 days prior to the redemption date. After the redemption date
each bond called for redemption (and in the case of a partial prepayment the amount of the principal
being prepaid) shall cease to bear interest provided funds for the redemption are on deposit with the
Paying Agent at that time.
This bond may be registered as to principal alone and may be discharged from such registration, in
manner, with the effect and subject to the terms and conditions endorsed hereon and set forth in the
authorizing ordinance. Subject to the provisions for registration endorsed hereon and contained in the
authorizing ordinance, nothing in this bond or the authorizing ordinance shall affect or impair the
negotiability of this bond and this bond shall be deemed a negotiable instrument under the laws of the
State of Arkansas and is issued with the intent that the laws of the State of Arkansas will govern its
construction.
It is hereby certified that all conditions, acts and things required to exist, to have happened and
have been performed precedent to and in the issuance of this bond do exist, have happened and have been
performed in regular form, time and manner; that the indebtedness represented by the bonds does not exce
any constitutional or statutory limitation; and that sufficient revenues derived from the operation of t:
1
Ordinance
1508 (Co
55
Ordinance No. 1508 (Continued)
System have been pledged for and will be applied to the payment of the principal of and interest on the
bonds to make those payments as the same become due.
This bond shall not be entitled to any benefit under the authorizing ordinance or be valid or become
obligatory unless it shall have been authenticated by the Paying Agent completing the Certificate appeari
hereon.
IN WITNESS WHEREOF, the City of Fayetteville, Arkansas has caused this, bond to be executed in its
name by its Mayor and City Clerk (with the facsimile signature of the Mayor but with the manual signature
of the City Clerk), thereunto duly authorized, and its corporate seal to be affixed, all as of the first
dat if geptember, 1966.
CITY OF FAYETTEVILLE, ARKANSAS
ATTEST:
City Clerk
By (facsimile signature)
Mayor
(SEAL)
On each bond shall appear the following:
CERTIFICATE OF AUTHENTICATION
.This is one of the exchange coupon bonds that is part of an issue of City of Fayetteville, Arkansas
Waterworks and Sewer.Revenue Bonds, Series 19660 dated September�l, 1966, aggregating $4,300,000 in
.principal amount.
REPUBLIC NATIONAL BANK OF DALLAS
DALLAS, TEXAS
By Authorized Signature
(Form of Interest Coupon) _
$ No.
June,
,On the first day of December, 19_, the City of Fayetteville, Arkansas, unless the bond to which this
coupon is attached is paid prior thereto, hereby promises to pay to bearer, solely out of the special
;fund specified in the bond to which.thbs coupon is attached,
Dollars _
in such coin or currency as at the time of payment is legal tender for the payment of debts due the
United SASibe of America, being six.(6),months' interest then due on its Waterworks and Sewer Revenue
Bond, Series 19661 dated September 1, 1966, and numbered R- -
` CITY OF FAYETTEVILLE, ARKANSAS
` By (facsimile signature)
Mayor
PROVISIONS FOR REGISTRATION AND RECONVERSION_.
This bond may be registered as to principal alone on books of the City, kept by the Paying Agent as
bond registrar, upon presentation hereof to the bond registrar, which shall make mention of such registr+
inithe registration blank below, and this bond may thereafter be transferred only upon an assignment
duly executed by the registered owner or his attorney or legal representative in such form as shall
be'Ia tisfactory to the bond registrar, such transfer to be made on such books and endorsed hereon by
the bond registrar. Such transfer play be to bearer and thereafter transferability by delivery shall
beIrestored, but this bond shall again be subject to successive registrations and transfers as before.
The principal of this bond, if registered, unless registered to bearer, shall be payable only to
orlupon the order'of the registered owner or his legal representative. Notwithstanding the registration
of1this bond as to principal, the coupons shall remain payable to bearer and shall continue to be
transferable by delivery. Payment to the bearer of the coupons shall fully discharge the City in
respect of -the interest therein mentioned whether or not this bond be registered as to principal and
whether or not any such coupons be overdue.
Date of Registration Name of Registered Owner- Signature of Bond Registrar
I
I
I
I
I
ion 5. That it is hereby expressly found and declared that the provisions of Section 19 of
lution 7-63 pertaining to the issuance of parity bonds have been fully met and complied with
that, therefore, the bonds of this issue shall rank on a parity of security with the outstanding
s issued under Resolution 743. In this regard, the required Certificate of the independent
ified public accountant will be filed in the office of the City Clerk prior to the delivery of
bonds of this issue.
Section 6. The City covenants, reaffirms and agrees that all revenues derived from the operation
or ownership of the System shall be kept, separate and apart from other Fuhds of the City. To that
end the following special Funds have heretofdre been caeated and are hereby reaffirmed:
(a) Waterworks and Sewer Fund
' (b) Waterworks and Sewer Revenue Refunding Bond Fund (hereinafter called "Bond Fund")
(c) Waterworks and Sewer Revenue Refunding Bond Reserve Fund (hereinafter called "Reserve Fund")
(d) Waterworks and Sewer Contingency Reserve (hereinafter called "Contingency Fund")
(e) Waterworks and Sewer Repair and Replacement Fund (hereinafter called "Repair and
Replacement Fund")
(f) Waterworks and Sewer Surplus Revenue Fund (hereinafter called "Surplus Revenue Fund")
56
rdinance (Section . The City covenants; reaffirms and agrees that so long as the bonds or outstanding bonds or
o: 1508 interest on either remain outstanding and unpaid, the entire income and revenues derived from the
Cont.) operation or ownership of the System shall be set aside as collected and deposited in the special
Fund known as the "Waterwokks and Sewer Fund" and there shall be disbursed therefrom each month such
Isums as are reasonable and proper for the cost of operation and maihtehance of the System. All
revenues of the System not actually required to pay the costs incurred as permitted by this Section
shall be deposited in the other Funds heretofore created and herein reaffirmed, each of which shall
have priority thereto in the order listed in the preceding Section.
ion 8.• On the first business day of each month, there shall be set aside and deposited into the
Fund not less bhan (a) the amounts required to be paid into such fund by the resolution authoriz ing
outstanding bonds plus (b) the amounts required to pay the principal, interest, and paying agent's
ges on the bonds as the same shall respectively come due, such principal nad interest requirements
& as follows:
YEAR
BOND NOS.
PRINCIPAL
INTEREST
JUNE 1
DECEMPER 1
TOTAL
966
$
$ 44,075.00
$ 44,075.00
967
$ 882150.00
88,150.00
176,300.00
968
88,150.00
88,150.00
176,300.00
969
88,150.00
880150.00
176,300.00
970
882150.00
969750.00
184,900.00
971
96,750.00
96,750.00
193,500.00
972
96,750.00
96,750.00
193000.00
973
96,750.00
96,750,00
1939500.00
974
96,750.00
96,750.00
193,500.00
975
96,750.00
96,750.00
193,500.00
976
969750.00
96,750.00
193,500.00
977
96,750.00
96,750.00
193000.00
978
969750.00
96,750.00
193,500.00
979
R
- 1
25,E
$5,750.00
96,187.50
217,937.50
980
R
- 2
25,000
96,187.50
95,625.00
216,812.50
981
R
- 3
25,000
959625.00
95,062.50
215,687.50
982
R
- 4
25,000
95,062.50
94s500.00
214,562.50
983
R
- 5
25,000
94,500.00
93,937.50
213,437.50
984
R
- 6
25,0OO
939937.50
93075.00
212012.50
985
R
- 7
25,E
93075.00 '
92,812.50
211,187.50
984
R
- 8
25,000
92,812950
92,250.00
210,062.50
987
R
- 9
25,000
92,250.00
91,687.50
208,937.50
988
R
-10
25,000
91,687.50
91,125.00
2072812.50
989
R
-11
25,000
91,125.00
90,562.50
2069687.50
990
R
-12
25,000
90062.50
900000.00
205,562.50
991
R
-13
325,000
900000.00
82,687.50
497,687.50
992
R
-14
345,000
•822687.50
74025.00
502,612.50
993
R
-15
355,E
74,925.00
66,937.50
496,862.50
994
R
-16
365,000
66,937.60
589725.00
490,662.50
995
R
-17
385,000
580725.00
50,062.50
493,787.50
996 .
R
-18
405,000
50,062.50
40,950.00
496,012.50
997
R
-19
425,E
40,950.00
319387.50
497,337.50
998
R
-20
445,E
31087.50
219375.00
4972762.50
999
R
-21
465,000
21075.00
10,912.50
497,287.50
000
R
-22
485,000
10,912.50
495,912.50
greater clarity, not less than the following amounts shall be deposited into the Bond Fund in
tion to those required to be made therein by Resolution 7-63:
(a) On the first business day of September, October and November in the year 1966:' 1/3 of the
rest and Paying Agent's fees scheduled to become due on the bonds on December 1, 1966; on the
t business day of each month beginning December 1, 1966: 1/6 of the next succeeding interest and
ng Agent's fees to become due on the bonds;
(b) On the first business day of each month beginning June 1, 1978: 1/12 of the next maturing
cipal payment and Paying Agent's fees on the bonds.
further payments need be made into the Bond Fund when the amount contained therein and in the
erve Fund is at least equal to the aggregate principal amount of the bonds and outstanding bonds
n outstanding, plus the amount of interest then due or thereafter to become due on all such bonds.
money paid into the Bond Fund shall be held by the City in trust for the holder or holders of the
ds, the outstanding bonds, and the coupons appertaining thereto, and the City shall not have any
eficial interest or right in such money.
money deposited in the Bond Fund shall be used solely for the purpose of paying interest on and
principal of the bonds, the outstanding bonds, together with the Paying Agent's fees, and for no
it ;urpose.
on 9. In accordance with Resolution 7-63, there is now on deposit in the Reserve Fund the sum
t less than $399POO.00• Upon the delivery of the bonds, the City Treasurer is directed to deposit
said Fund the additional surn necessary to bring said sum to $500,000.00.
e Reserve Fund shall be maintained at $500,000.00 and shall be used for no purpose other than to pr
default in the payment of the principal of and interest on the bonds and the outstanding bonds as
e same shall respectively come due. In the event moneys from -the Reserve Fund are -utilized for the
oresaid purpose, the Fund shall be restored to $500,000.00 from the first moneys in the Waterworks
d Sewer Fund available for the purpose.
ction 10. In accordance with Resolution 7-63,.there is now on deposit in the Contingency Fund the
m of'not less than $100,000:00,"which said Contingency Fund shall be maintained at the said figure
d shall be used only to the extent necessary to meet any emergency arising out of or affecting
e continuous operation of the System as a revenue producing undertaking for which there are no other
nds available or for preventing the default in the payment of principal of or interest on the
nds or outstanding bonds, or performing any covenant of the City for which there are no obhbr funds
ailable, and in the event moneys from the said Contingency Fund are expended for the daid purposes,
any of them, the Contingency Fund shall be restored to $100,000.00 from the first funds availabae
the Waterworks and Sewer Fund.
r
Section 11. In accordance with Resolution 743, there is now on deposit in the Repair and Replacement
Ordinance No. Fund the sum of not less than $50,000.00. The money in the said Repair and Replacement Fund shall
1508 (Cont.) be used solely for the purpose of paying the costs of replacements made necessary by the depreciation
and/or obsolescene of the System and in the event moneys from the Repair and Replacement Fund are
' expended for the said purposes, or any or them, the Repair and Replacement Fund shall be restored
to $50,000.00 from the first funds available in the Waterworks and Sewer fund.
Section 12. Any and all deposits required to be made into the Reserve, Contingency, oo the Repair
and Replacement Funds by virtue of the preceding sections shall be made,on the first business day of
each month. If in any month the City shall for any reason fail to gay into the Funds, the amounts
required by Sections 8, 9, 10 and 11, the full amounts stipulated, amounts equivalent to such deficiency
shall be set apart and paid into said Funds from the first available and unallocated revenues of the
System for the following month or months (having the priority of application in which said Funds
are listed in Section 6), and such payments shall be in addition to the -amounts hereinabove Provided
to be otherwise paid into said Funds during such month or months.
Section 13. Any revenues remaining.in the Waterworks and Sewer Fund after the payments required by
Section 7 through 12 hereof shall be set aside and deposited into the Surplus Revenue Fund and may
be used to call bonds and outstanding bonds for redemtpion or for the construction of improvements
and betterments to the Systems, or for any lawful purpose.
Section 14. The provisions of Sections 4, 10 through 20 and 23 of Resolution 7-63 are hereby made
applicable to the ,bonds and shall inure and appertain to the bonds to the same extent and with like
force and effect as if set forth in full except that a financial statement (required by Section 16)
shall also be filed with the Faying Agent. Any reference to "bonds" or "Water and Sewer Revenue
Refunding Bonds" as contained iri said Sections shall mean the outstanding bonds and the bonds of thks
issue. The intended effect of incorporating of said provisions of Resolution 7-63 herein, shall
be to make those provisions fully applicabe to the bonds of this issue and the language of Resolution
7-63 shall be construed and interpreted to accomplish that intended effect. In this regard, however,
it is expressly covenanted:
(1) So long as any of -the outstanding bonds, ar any of the bonds of this issue, or any bonds
' subsequently issued on a parity herewith, are outstanding and unpaid, principal and interest, the City
shall always continuously and efficiently operate the System as a revenue producing undertaking and
shall always charge and maintain in effect (and shall increase the same from time to time if and to
the extent necessary) rates for the services of the System which will produce revenues at least adequate
for the mperation and maintenance expenses of the System, for making the required deposits into the
Bond Fund for the purpose of paying the principal of,,interest on and Paying Agent's fees in connection
with the bonds, and the outstanding bonds, maintaining the Reserve Fund at the required level ($500,00
maintaining the Waterworks and Sewer Contingency Reserve at the required level, maintaining the Waterwor
and Sewer Repair and Replacement Fund at the required level, and discharging all other monetary
and other obligations of the City under Resolution 7-63 and under the authorizing ordinance;
(2) The provisions of Section 19 of Resolution 743 pertaining to the issuance of additional
bonds shall be applicable with the result that the bonds of this issue shall be included with the
outstanding bonds and with any bonds then proposed to be issued insofar as the 133-1/3% coverage
requirement for parity bonds is concerned; and
(3) The investment provisions of Section 23 of Resolution 7-63 are intended to be applicable
to any funds available for investment (except moneys in the Construction Fund created by Section 9
of this ordinance which contains express provisions) and shall be considered part of the particular
fund out of which moneys are invested, with earnings credited to the fund and losses charged against
the fund, except, of course, when earnings in the Reserve Fuhd, the contingency Reserve and the
Repair and Replacement Fund increase the amount in the particular fund in excess of the required
level of the particular fund the excess may be transferred into the Waterworks and Sewer Fund.
Section 15. That the bonds shall be subject to redemption prior to maturity as set forth in the bond
forma appearing in Section 4 hereof. In this regard it is expressly understood that the redemption
of the outstanding bonds and the redemption of the bonds of this issue is entirely separate so that
there need be no proportionate or pro rata redemption of the bonds of both issues and that the
bonds of either issue may be redeemed, in accordance with the applicable redemption provisions pertainin
' to the particular issue, in whole or in part without any redemption of any of the bonds of the other
issue.
Section 16. That when the bonds have been executed and the seal of the City impressed as herein
provided, they shall ,&e delivered to the Paying Agent, which shall authenticate them and deliver
them to the order of Republic National Bamk of Dallas, Dallas, Texas upon receipt by the Paying Agent,
.on behalf,of the City, of the sum of Four Millior Three Rundred Thousand Dollars ($4,300,000) plus
accrued interest from September 1, 1966 to the date of delivery of the bonds (called "total sale
proceeds"). The Paying Agent shall disburse the total sale proceeds as follows:
(a) The amount of the accrued interest shall be deposited into the Bond Fund;
(b) The amount necessary to increase the Reserve Fund to the level of $500,000.00 shall be
deposited into the Reserve Fund (in this regard Republic National Bank of Dallas, Dallas, Texas
is hereby designated as an eligible depository for all or any portion of the Reserve Fund with this
designation being made pursuant to the provisions of Section 4 of Resolution 7-63); and
(c) The balance of the total sale proceeds shall be paid into a special fund of the City
which is hereby created and designated "Water and Sewer Construction Fund" (sometimes called "Constructi
Fund"). The Construction Fund shall be maintained ina.depository or depositories, designated from
time to .time by the Board of Directors of the dity, that is a member of the Federal Deposit Insurance
Corporation (Republic National Bank of Dallas, Dallas, Texas is hereby designated as one of the derosito
which shall be eligible for the deposit of all or any portion of moneys in the Construction Fund).
The moneys in the Construction Fund is excess of the amount insured by the Federil Deposit Insurance
Corporation, unless invested as hereafter specified, shall be continuously secured by bonds or other
direct or fully guaranteed obligations of the United States of America, or bonds issued by the City,
including this Series. The moneys in the Construction Fund shall be disbursed for the payment of the
cost of accomplishing the improvements, paying necessary expenses and making necessary expenditures
incidental thereto, paying engineering fees, paying legal fees, and paying the expenses of the City
incurred in the authorization andissuance of the bonds. Each disbursement shall be by check or
warrant signed by the City Treasurer and the Manager of the System which shall reflect in respect
of each payment:
(1) The name of the person, firm or corporation to whom payment is due;
(2) The amount to be paid; and
(3) The purpose by general classification for which the obligation to be paid was incurred.
When the improvements have been completed and all authorized expenditures from the C;'onstruction
Fund have been made, if there be any remaining balance in the Construction Fund, the City Treasurer
and the Manager of the System shall file a Certificate with the depository of the Construction Fund,
with a copy of the Certificate to be filed in the office of the City Treasurer, stating that the
improvements have been accomplished and that all authorized expenditures have been made and specifying
the disposition to be made of the remaining balance in the Construction Fund. In this regard, any
remaining balance may be used for redeeming bonds or may be transferred to the Bond Fund. Upon
58
o. 1508
Cont.)
of the Certificate the depository of the';Construction Fund shall transfer or disburse the
g balande as directed in the Certificate:
eys in the Construction Fund may be invested and reinvested, as directed by the City Treasurer
t4anager of the System, in direct obligations of, or obligations the principal of and interest on
ch are unconditionally guaranteed by, the United States of America, or in Certificate of Deposit
the raying Agent which shall mature not later than the dates that the moneys in the Construction
.d will be needed for the accomplishment of the improvements, as shall be determined by the City
its sole discretion. Investments shall be deemed at all times a part of thedonstruction Fund and
earnings shall be credited to the @onstructi&n Fund and any losses shall be charged to the
struction Fund.
:tion 1 . Title to any exchange coupon bond (references in this Section 17 to "bond" shall mean
:hange coupon bonds), unless such bond is registered in the manner herein provided, and to any interest
:pon shall pass by delivery.in the same manner as a negotiable instrument payable to bearer. The
:y shall cause books for the registration and for the transfer of the bonds as provided in this
linance to be kept by the Paying Agent as Bond Registrar. At the option of the bearer, any bond
be registered as to principal alone on such books, upon presentation thereof to the Bond Registrar,
.ch shall make notation of such registration thereon. Any bond registered as to principal may
rreafter be transferred only upon an assignment duly executed.by the registered owner or his attorney
legal representative in such form as shall be satisfactory to the Bond Registrar, such transfer
be maje on such books and endorsed on the bond by.the Bond Registrar. Such transfer may be to
.rer and thereafter transferability by delivery shall be restored, subject, however, to 'successibe
;istrations and transfers as before. The principal of any bond registered as to principal alone,
.ess registered to bearer, shall be payable only to or upon the order of the registered owner or
legal representative, but the coupons appertaining to any bond registered as to principal shall
lain payable to bearer notwithstanding such registration. No charge shall be made to any bond
.der for the privilege of gegistrati.on and transfer hhriingb9va.grAM&edr, but any bond holder
Iuesting any such registration or transfer shall pay any tax or other governmental charge required
be paid with respect thereto, if any be applicable under governing laws to the particular registration
transfer. As to any bond registered as to principal, the person in whose name the same shall be
;istered shall be deemed and gegarded as the absolute owner thereof for all purposes, and payment
or on account of the principal of any bond shall be made only to or upon the order of the registered
er thereof, or his legal representative, and neither the Citbr, the Paying Agent nor the Bond Registrar
ll be affected by any notice to the contrary, but such registration may be changed as herein provided.
such payments shall be valid and effectual to satidfy and discharge the liability upon such bond
the extent of the sum or sums so paid. The City, the Bond Registrar and the Paying Agent may deed
I treat the bearer of any bond which shall not at the time be registered as to principal, and the
rer of any coupon appertaining to any bond, whether such bond be registered as to principal or not,
the absolute owner of such bond or coupon, as the case may be, whether such bond or coupon shall
overdue or not, for the purpose of receiving payment thereof and for all other purposes whatsoever,
neither the City, the Bond Registrar -nor the Paying Agent shall be affected by any notice to the
ion 18. That this ordinance shall not create any right of any kind, and no right of any kind
r arise hereunder pursuant to it until the bonds authorized by this ordinance shall be issued
delivered.
on 19, That if any provision of this ordinance shall for any reason be held illegal or invalid,
holdings shall not affect the validity of the remainder of the provisions of the.ordinance.
on 20. The City agrees to pay the following Paying Agent's fees:
717�A semiannual fee of $50.00 for the payment of principal and interest of all fully registered
bonds;
(2) A fee of 12-1/2 cents per coupon and $1.25 per bond for the payment of principal and interest
of $5,000 denomination exchange coupon bonds; and
(3) For services as registrar as to principal only (effective upon submitting of initial bond
for registration):
(i) A minimum annual charge of $25.00 for the registration of not to exceed 25 bonds in
any one year and
(ii) 50 cents for each additional bond registered or discharged from registration in any
one year. .
tion 21. That the Mayor is hereby directed to publish for one insertion in The Northwest Arkansas
as which is hereby found and declared to be a newspaper published in Fayetteville, Arkansas, and
general circulation therein, this ordinance, to which shall be attached a notice signed by him in
stantially the following form:
NOTICE
ce is hereby given that the Board of Directors of the City of Fayetteville, Arkansas, has adopted
ordinance hereinafter set out; that the City contemplates the issuance of the Waterworks and
r Revenue Bonds described in the ordinance; that any person interested may appear before the
d ba the 22nd day of August, 1966, at 7:30 o'clock p.m., at the usual meeting place of the Board
• in Fayetteville, Arkansas -and present protests. At such hearing all objections and suggestions
• be heard, and the Board will take such action as is deemed proper in the premises.
this 8th day of August, 1966.
'Rayor
Section 22. That all ordinances, resolutions and parts thereof in conflict herewith are hereby repealed
to the extent of such conflict.
Section 23. That it is hereby ascertained and declared that the waterworks and sewer facilities of the
City are inadequate for the present and for the foreseeable future and that by reason of such inadequacy
the lives, property and welfare of the City are in jeopardy. The hazard can be alleviated by the constr
of the improvements but the bonds must be issued in order to obtain necessary funds for accomplishing
the improvements. It is, therefore, declared that an emergency exists, and this ordinance being necessa
for the immediate preservation of the public peace, health and safety, shall take effect and be in force
from and after its passage.
August 8, 1966.
AFPRO D:
Mayor
1
we
Director Melton moved that the Mobile Home Parks Ordinance, which was left on the second reading at the
Ordinance No. 1509 last regular meeting of the BoarK of Directors, be placed on the third and final reading.
The motion was secondgd by Director Dunn and passed unanimously.
The Ordinance was them read for the'third and last time.
The Mayor then asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was -
recorded, "Aye" Swart, McFerran, Melton, Trumbo, and Dunn. "Nay" None.
There being five Ayres Aides N6 "Nays", the Mayor declared the Ordinance passed.'
Director Melton then moved that the emergency clause be adopted.
The.motion was seconded by Director Swartz and upon roll call the following vote was recorded,
"Aye" Swartz, McFerran, Melton, Trumbo, and Dunn. "Nay" None.
There being five "Ayes" and no "Nays", the Mayor declared the Emergency Clause adopted.
ORDINANCE N0. 1509
AN ORDINANCE DEFINING AND REGULATING MOBILE HOME PARKS; ESTABLISHING MINIMUM STANDARDS GOVERNING THE
CONSTRUCTION AND MAINTENANCE OF MOBILE HOME PARKS; ESTABLISHING MINIMUM STANDARDS GOVERNING THE PROVIDED
UTILITIES AND FACILITIES, AND OTHER PHYSICLL THINGS AND CONDITIONS TO MAKE MOBILE HOME PARKS SAFE,
SANITARY, AND FIT FOR HUMAN HABITATION; FIXING THE RESPONSIBILITIES AUTHORIZING INSPECTION OF MOBILE
HOME PARKS; AND FIXING PENALTIES FOR VIOLATIONS, AS AMENDED.
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS:
SECTIIfQN 1. DEFINITIONS.
For the purposes of this Ordinance, the following words and phrases shall have the meaning ascribed
to them in this Section:
Enforcement Officer means the Chief Building Inspector of the City of Fayetteville, Arkansas.
Health Officer means the legally designated health authority of the City of Fayetteville or his
authorized representative.
Building Permit means a written permit issued by the enforcement officer permitting, construction,
erection, alteration, remodeling or repair of a mobile home park.
Operator's Permit -means a written permit issued bl; the enforcement officer permitting the mobile
home park to operate under this ordinance and regulations promulgated -thereunder.
Housing Board means the Housing Board established by Ordinance 1436 (Secs. 12-11 et seg, Fayetteville
Code of Ordinances) of the City of Fayetteville, Arkansas.
Mobile
Home Park
means any plot
of ground
of at least
one.acre in size upon which two or more mobile
homes,
occupied
for dwelling or
sleeping
purposes, are
located.
City Planning Commission means that comission created for the City of Fayetteville by the provisions
of Ordinance No. 9—� amended (Secs,. 241, et seq, Fayetteville Code of Ordinances).
Mobile Home means a vehicular portable structure, built on a chassis and designed to be used without
a permanent foundation as a dwelling or for'sleeping purposes.
Dependent Mobile Home means a mobile home'which does not have a flush toilet and a bath or shower.
Independent Mobile Hom2 means a mobile home which has a flush toilet and a bath or shower.
Mobile Home Space means a plot of ground within a mobile home park designated for the accommodation
of one mobile home.
Person means any individual, firm, partnership, corporation, company, or association.
Service Building means a building housing toilet and bathing facilities for men and women with laundry
facilities and such other facilities as may be required by this Ordinance.
SECTION 2. PERMITS
E.1 It shall be unlawful for any person to operate any mobile home park within the limits of Fayett
Arkansas, unless he holds a valid operator's permit issued by the enforcement officer in the name of
such person for the specific mobile home park. All applications for permits shall be made to the
enforcement officer, who shall issue a permit, to be valid for one year, then renewable annually,
upon compliance by the applicant with provisions of this Ordinance and of any regulations adopted
pursuant thereto, and of any other applicable legal requirements. No permit shall be transferable.
Every person holding such a permit shall give notice in writing to the enforcement officer within
twenty-four hours after having sold, transferred, given away, or otherwise disposed of such operator's
right to the control of the mobile home park for which such permit was issued, and any such permit
shall then and there expire and immediately be null and void. Such notice shall include the name
and address of the person succeeding to the control of such mobile hotAe park. No successor to the right
to operate said mobile home park may commence operations until he has been issued a valid permit
as herein required.
2.2
(a) Applications for operator's permits shall be in writing, sIgned by the applicant,
and accompanied by an affidavit of the applicant as to the truth of the statements and facts set
forth in the application and shall contain the following:
(1) The name and address of the applicant.
(2) The interest of the applicant in and the location of the mobile home park.
(b) Applications for building permits for mobile home parka shall be in writing, signed
' by the applicant, and accompanied by 9n affidavit of the applicant as to the truth of the statements
and facts set forth in the application, and shall contain the following:
(1) A complete plan of the mobile home park, containing the Megal description, showing
compliance with all applicable provisions of this Ordinance and regulations promulgated thereun
(2) Such further information as may be requested by the enforcement officer to enable
him to determine that the proposed mobile home park will comply with legal requirements.
(3) No changer or additions may be matte in the plat plan or construction of a mobile
home park except upon,a new application which shall be subject to the same terms and conditions
of the original application.
(c) Applications for renewals of operator's permits shall be made in writing by the holder
of the permit and shall contain the following:
(1) Any change in the information submitted since the time the original permit was issued or
Mobile the latest renewal granted.
Home
Ordinance (2) Such other information as,the enforcement officer may require.
No. 1509 ,
(Cont.) (d) No mobile home. park may be operated within the City Limits of Fayetteville, Arkansas, unless
an operator's permit shall be issued and in effect at all times during said operation. Building
permits shall be required as prodided under the Building Code.
2.3 Any person whose application.for a permit.under this Ordinance has been denied mgy request and
shall be granted a hearing on the matter before the Housing Board under the procedure provided by
Section 4 of this Ordinance.
2.4 A complete plan, for the purpose of obtaining a building and construction permit to be issued by
the enforcement officer shall show:
(a) The area and dimensions of the tract of land.
(b) The number, location, and size of all mobile home spaces.
(c) The location and width of roadways and walkways.
(d) The location of service buildings and any other proposed structures.
(e) The location of water and sewer lines. Written approval, signed by the superintendent of the
Fayetteville Water and Sewer Departmzlt, shall be required for all proposed water and sewer main
extensions.
(f) Plans and specifications of all buildings and other improvements conbtructed or to be constructed
within the mobile home park pursuant to such application.
Prior to issuance of a building permit, the complete plan shall first be approved by the Planning
Commission. ,
2.5 Wheneven, upon inspection of any mobile home Park, the enforcement officer finds that conditions
of practices exist which are in violation of any provision of this Ordinance, or of any regulations
adopted pursuant thereto, the enforcement officer shall give notice in writing in accordance with
Section 4.1 to the person to whom the applicable permit or permits were issued. Said notice shall
state that unless such conditions or practices are corrected within a reasonable period of time
specified in the notice by the enforcement officer, the permit will be suspended. At the end of the
specified period, the enforcement officer shall reinspect such mobile home park, and if such conditions
or practices have not been corrected, he shall suspend the applicable permit or permits and give notice
in writing of such suspension to the person to whom the permit is issued. Upon receipt of notice of
suspension, regardless of whether the building permit or an operator's permit may be involved, the
operator of such mobile home park shall cease operation of such park except as provided in Section 4.2.
2.6 Any person whose permit has been suspended, or who has received notice from the enforcement officer
that his permit will be suspended unless certain conditions or practices at the mobile home park are
corrected, may request and shall.be granted a hearing on the matter before the Housing Board under
the procedure provided by Section 4 of this Ordinance; PROVIDED, that when no petition for such
hearing shall have been filed within ten days following the day on which notice of suspension was
served, such permit shall be deemed to have been automatically revoked at the expiration of such ten—
day period.
SECTION go INSPECTION OF MOBILE HOME PARKS
3.1 The health officer is hereby authorized and directed to determine the condition of mobile home
parks loc4ted within,the City of Fayetteville, im order that he may perform his duty of safeguarding
the health and safeti. of occupants of mobile home parks and of the general public.
3.2 The health officer shall have the power to enter at reasonable times upon any mobile home park for ,
the purpose of inspecting and investigating conditions relating to the enforcement of this Ordinance
or of regulations promulgated thereunder.
3.3 The health offices and/or enforcement officer shall have the power to inspect the register contdning
a record of all mobile homes and occupants using the mobile home park.
3.4 It shall be the duty of the owners or occupants of mobile home parks, and mobile homes contained
therein, or of the person in charge thereof, to give the health officer and/or enforcement officer
free access to such premises at reasonable times for the purpose of inspection.
30. It shall be the duty of every occupant of a mobile home park to give the owner thereof or his
agent or employee access r6ghts to any part of such mobile home park or its premises at reasonable
times for the purpose of making such repairs or alterations as are necessary to effect eompliance with
this Ordinance, or with any lawful regulations adopted thereunder, or with any lawful order issued
pursuant to the provisions of this Ordinance.
3.6. ,The health offic*r shall report- any violations- of this.Crdinance to the enforcement officer, who
shall immediately take or institute appropriate action to correct said violation and enfored•the
provisions hereof. •
SECTION 4. NOTICES, HEARINGS, AND ORDERS.
4.1 whenever the enforcement
officer determines that there are
reasonable grounds to believe that
there has
been a violation of
any provision of this Ordinance,
or of any regulation adopted pursuant
thereto,
he shall give notice
of such alleged violation to the
owner of the park and to the person to
whom the
operator's permit was
issued, as hereinafter provided:
Such Notices
shall:
,
(a)
Be in writing.
(b)
Include a statement
of the re asons for its issuance.
(c)
Allow a reasonable time for the performance of any cat
it requires.
(d)
Be served upon the owner and the operator,
611
(PROVIDED: That such notice or order shall be deemed to have been properly served upon such owner or
.Mobile Home operator when a copy thereof has been sent by certified mail to their last known addresses, or when
Ordinance No. ' hey have been served with such notice by any other method authorized or required by the lams of the
1509 (Cont.) State of Arkansas.
(e) Contain an outling of remedial action, which, if taken, will effect compliance with the
I
I provisions of this Ordinance and with regulationd adopted pursuant thereto.
.2 Any person affected by any notice which has been issued in connection -with the enforcement of
ny provision of this Ordinance, or of any regulation adopted pursuant thereto, may request and shall
e granted a hearing on the matter before the Housing Board. Erovided,• that such person shall file
n the office of the secretary of the Housing Board a written petition requesting such hearing and
etting forth a brief statement of the grounds therefor withingten days after the notice was -served.
he filing of the,request for a hearing shall operate as a stay of -the notice and of the suspension
xcept in the case of an order issued under Section 4.5. Upon receipt of such petition, the Chairman
f the Housing Board shall set a time and place for such hearing, and -shall give the petitioner written
otice thereof. At such hearing, the petitioner shall.be given an opportunity to be heard, and to
how why such notice should be modified or withdrawn. The hearing shall be commenced not later Shan
en days after the day on which the petition was filed. PROVIDED, that upon application of the
etitioner, the Chairman of the Housing Board may postpone the date of the hearing for a reasonable
ime beyond such ten-day period when in his judgment the petitioner has submitted good and sufficient
easons for the postponement.
After such hearing, the Housing Board shall make findings as to compliance with the provisions
this drdinance and regulations issued thereunder and shall issue an order in writing sustaining,
ifying or withdrawing the notice which shall be served as provided in Section 4.1 (d). Upon a
lure to comply with any order sustaining or modifying a notice, the applicable permit pertaining
the mobile home park affected by the order shall be revoked by order of the Housing Board.
4.4 The proceedings at such a hearing, including the findings and decision of the Housing Board
together with a copy of every notice and order related thereto. shall be entered as a matter of public
record in the office of the City Clerk. Nny person aggrieved by the decision of the Housing Board
may seek relkef therefrom before the Board of Appeal, existing under the Building Code, and thereafter
in any court of competent jurisdiction, as provided by the laws of this state. As in the case of the
Housing Board, the proceedings before the Board of Appeals shall be entered as a matter of public
record in the office of the City Clerk..'A transcript of these proceedings need not be prepared unless
jurisdictional review of the decision is sought as provided by this Section.
.5 Whenever the health officer finds that an emergency exists which requires immediate action to
rotect the public health, he may, without notice or hearing request the enforecment officer to issue
a order reciting the existence of such an emergency and requiring that such action be taken as he
ay deem necessary to meet the emergency including the suspension of the permit. Notwithstanding
ay other provisions of this Ordinance, such order shall be effective immediately. Any person to whom
uch an order is directed shall comply therewith immediately, but upon petition to the Housing Board
hall be afforded a hearing as soon as possible.,.The provisions of Sections 4.3 and 4.4 shall be
pplicable to such hearing and the order issued thereafter.
ECTION 5. ADOPTION OF REGULATIONS BY THE ENFORCEMENT OFFICER.
.1 The enforcement officer is hereby authorized to promulgate written.regulations as may be necessary
or the proper enforcement of the provisions of this ordinance. ,.Such regulations shall be submitted
o the City Board of Directors for approval and shall have the same force and effect as the provisions
f this ordinance.
SECTION 6. LOCATION, SPACE, AND GENERAL LAYOUT.
6.1 The mobile home park shall be located on a sell -drained site, and shall be so located that its
drainage will not endanger any water supply. All such mobile home parks shall be in areas free from
marshes, swamp&, or other potential breeding places for insects or rodents.
6.2 The area of the mobile home park shall be at least on (1) acre in size and shall be large enough
to accommodate:
(a) The designated number of mobile home spaces.
(b) Necessary streets and roadways.
(c) Parking areas for motor vehicles.
Each independent mobile home space shill contain a minimum of 3,000 square feet, and shall be at
t 40 feet wide. Each dependent mobile home space shall conta&n not less than 1,000 square feet
shall be at least 25 feet wide. Width of spaces shall be measured perpendicular to the center
of the mobile.home space as the center point of said center line.
very mobile home space shall abut on a driveway or other clear area with unobstructed access to a
ublic street.. Such spaces shall be defined. Mobile homes shall be parked in such spaces so that
here will be a minimum of 20 feet between independent mobile homes and 15 feet between dependent
obile homes, and so that no mobile home will -be less than 10 feet.from the exterior.boundary•of the
obile Dome park.
.4 Mobile home spaces in mobile home parks in existence on the effective date of this ordinance,
hich have a width or area less than the minimum prescribed above, may continue in operation, but
he mobile home park in which such spaces are located may not expand operations unless the expanded
ortion of the mobile home park is done in compliance with the provisions of this ordinance.
655 Mobile home parks in existence on the effective date of this ordinance and operating in compliance
with the provisions of Ordinance No. 1115 of September 24, 2956, but not otherwise in conformity with
the provisions.of this ordinance, may continue to so operate, subject however to the requirements of
this ordinance as contained in Sections 2.1, 2.2 (Q), (c) and (d), 2.39 2.59 2.6, 3.1 - 3.69 4.1 - 4.5,
5.1, 6.4, 6.5, 6.101 10.1 - 10.4, 11.1 - 11.5, 12.21 14.1 - 14.3, 15.1 - 15.49 16.1, 16.2, 17.1, 18.11
19.1 - 19.3, and further subject to the zoning, health, safety, plumbing, electrical and fire -prevention
laws, ordinances and regulations of the City of Fayetteville and State of Arkansas,,
Mj
Ordinande
No. 1509
(Comt.)
6.6 It shall be unlawful to locate a mobile home within a mobile home park less than 25 feet from any
public street or highway, or so that any part of shch mobile home will obstruct any roadway or walkway
im a mobile home park.
6.7 It shall be unlawful to allow:
(a) Any mobile home to be occupied in a mobile home park unless the mobile home is situated on
a mobile home space, or .
(b) An independent mobile home to be located on a dependent mobile home space.
6.8 Access roads shall be provided to each mobile home space.. Each access road shall providd for
continuous forward movement, including the use of aul-de-sacs (turn arounds), shall connect with a
street or highway, shall be hard surfaced with at least a double seal coat and shall have a minimum
width of 25 feet for two-way and 15 feet for one-way travel.
6.9 Off street
parking areas
shall be provided
for the parking of motor
vehicles.
Such areas shall
accommodate at
least a number
of vehicles equal
to the number of mobile
home spaces
provided.
6.10 In dependent mobile home parks or parks used primarily by transient mobile homes, a clearly
lighted, adequately advertised public telephone shall be installed and constantly maintained in each
mobile home park at a point as near the center of said park as practicable. Such telephone may require
the use of a coin, on the same basis as other public telephones, in order to operate same; however,
the telephone must be so situated that it will be immediately available to any occupant of the mobile
home park at any hour of the night or day and under any weather conditions. The telephone number
of the Police and Fire Departments oikythe City of Fayetteville must be printed clearly and in legible
letters in such a position as to make them instantly and conveniently visable to any person operating
said telephone.
SECTION 7. SERVICE BUIDDINCS.
R.1 (a) Every mobile home park serving dependent mobile homes shall be provided with at least one
settvice building adequately equipped with flush -type toilet fixtures of a type approved by the Arkansas
State Board of Health, and other sanitary facilities as required in this ordinance. No service building
shall contain less than one toilet for females, one toilet for males, one lavatory and shower.
(b) All sanitary facilities required to be provided by Section 7.1 to 7.4 inclusive shall be
located in a service building.
7.2 (a) Every mobile home park that accommodated dependent mobile homes shall provide not less than
the following facilities:
(1) For not more than 10 dependent mobile homes:
Two water closets, one lavatory and one shower for females; one water closet, one urinal,
one lavatory and one shower for males.
(2) For more than 10 dependent mobile homes, the following additional fixtures shall be
provided:
One lavatory and one shower for each sex for every additional 10 depandent mobile homes
or fraction thereof; one water closet for females for every additional 10 dependent mobile
homes or fraction thereof; one water closet for males for every additional 15 dependent
mobile homes or fraction thereof; provided that urinals may be substituted for not more than
one-third of the additional water closets required under this paragraph.
(b) Dependent mobile home spaces shall be not.more than 200 feet from a service building.
(c) Toilet and bathing facilities for female persons must be in a separate room from the room
housing such facilities for male persons.
7.3 Service buildings shall:
(a) Be located 15 feet or more from any mobile home space and where dependent mobile homes are
accommodated not more than 200 feet from a dependent mobile home space.
(b) Be of permanent construction, and be adequately lighted at all times.
(c) Be of moisture -resistant material, to permit frequent washing and cleaning.
(d)
Have adequate
heating facilities
to maintain a temperature of 7&F. during cold weather, and
to supply
adequate hot
water during time of
peak loads.
(e) Have all rooms well ventilated, with all.openings effectively screened..
(f) Provide separate compartments with adequate locking devices for each shower and water closet
a sound resistant wall to separate male and female toilet facilities.
7.4 If provided, laundry facilities shall be provided in the ratio of one laundry unit to every 30
mobile home spaces and shall be in a separate sound -proof room of a service building or in a separate
CTION 8. WATER SUPPLY,
8.1 As accessible, adequate, safe, and potable water supply shall be provided for each mobile home park,
capable of furnishing a minimum of 150 gallons per day to each mobile home space. Where a public
supply of water is available,.connection shall be made thereto and its supply shall be used exclusively.
8.2 The water system of the mobile home park shall be comeected by pipes to all buildings and all mobi-le
home spaces.,
1
63
8.3 All water piping shall be constructed and maintained in accordance with State and local law; the
Mobile Home Ord. water piping system shall not be connected with nonppotable or questionable water supplies and shall be
1509 (Cont.) protected against the hazards of backflow or back -siphonage.
' 8.4 Where drinking fountains are provided for public use, they shall be of a type approved by the State
Board of Health and in locations approved by the enforcement officer.
8.5 Individual water -service connections which are provided for direct use by mobile homes shall be so
constructed that they will not be damaged by the parking of such mobile homes.
GCTION Q. SEWAGE DISPOSAL.
.1 All plumbing in the mobile home park shall comply with state and local plumbing laws and regulations
.2 Each independent mobile home space shall be provided with at least a 4 -inch sewer connection. The
ewer connection shall be provided with suitable fittings, so that a watertight connection can be made
etween the mobile home drain and the sewer connection: Such individual mobile home connections shall
e so constructed that they can be closed when not linked to a mobile home and shall be capped so as to
revent any escape of odors. ,
Sewer lines shall be constructed in accordance with plans approved in writing by the Superintendent
the Fayetteville,Water and Sewer Department or his authorized agent. All sewer lines shall be
quately vented, and shill be laid with sufficient earth cover to prevent breakage from traffic.
10. REFUSE DISPOSAL.
10.1 The
storage, collection, and disposal
of refuse in the
mobile home park
shall
be so managed as to
create no
health hazards, rodent harborage,
insect -breeding
areas, accident or
fire
hazards'or air
10.2 All refuse shall be stored in flytight, watertight, rodent -proof containers, which shall be located
not more than 150 feet from any mobile home space. Containers shall he provided in sufficient number and
capacity to properly store all refuse.
10.3 Racks or holders.shall be provided for all refuse containers. Such container racks or holders
shall be so designed as to prevent containers from being tipped, to minimize spillage and container
deterioration, and to facilitate cleaning around them.
10.4 All
refuse shall be collected at least
twice weekly. Where
suitable collection service is not
available
from municipal or private ageneses,
the mobile home park
operator shall provide this service.
All Defuse
shall be collected and transported
in covered vehicles
or covered containers.
.11. INSECT.AND RODENT CONTROL,
11.1 Insect and rodent control measures to safeguard public health as required by the health officer
shall be applied in the mobile home park.
11.2 Effective larvicidal solutions may be required by the health officer for fly or mosquito breeding
areas which cannot be controlled by other, more permanent measures.
11.3 The health officer may require the mobile home park operator to take suitable measures to control
other insects and obnoxious weeds.
11.4 Accumulations of debris which may provide harborage for rodents shall not be permitted in the
mobile home park.
11.5 When'rats or other objectionable rodents are known to be in a mobile home park, the operator of
such park shall take definite action, as directed by the health officer, to exterminate them.
SECTION 12. ELECTRICITY:. EXTERIOR LIGHTING.
An electrical'outlet supplying at least 115 volts shall be provided for each mobile home space. The
installation shall comply with all applicable State and local electrical codes and ordinances. Such
electrical outlets shall be grounded and weatherproof. No power supply line to the mobile home space
shall be permitted to lee on the ground or be suspended less than ben (10) feet above the ground. No
power'supply line in a mobile home park shall be suspended less than fifteen (15) feet over any driveway.
12.2 Public streets, driveways, and walkways shall be lighted at night with a minimum illumination of
at least 0.6 foot candles.
13. FUEL.
13.1 All piping from outside fuel storage tanks or cylinders to mobile homes shall be rigid iron pipe
or AGA or UL labeled flexible tubing, permanently installed, and securely fastened in place, in such a
manner as -to exclude it from the possibility of damage by physical contact. All fuel storage tanks or
cylinders shall be securely fastened in place and shall not be located inside -or beneath the mobile
home or less than 5 feet from any mobile home exit, and shall be located and secured in such a manner
as to not be susceptible to damage by physical contact.
14. FIRE PROTECTION.
114.1 The mobile home park area'shall be subject to the rales and regulations of the fire prevention
authority of the City of Fayetteville, Arkansas.
14.2 Mobile home park areas shall be kept free of litter, rubbish and other flammable materials.
' 14.3 Portable fire extinguishers of a type approved by the fire prevention authority shall be kept
in service buildings and shall be maintained in good operating condition.
M
e Home
ante No.
(Cont.)
SECTION 15. ALTERATIONS AND ADDITIONS: RESTRICTIONS OF ANIMALS AND PETS,
15.1 Bll plumbing and electrical alterations or repairs in the mobile home park shall be make in
accordance with applicable local regulations.
15.2
Skirting of mobile homes is
permissible,
but areas
enclosed by such
skirting shall be maintained
so as
not to provide a harborage
for rodents,
or create a
fire hazard.
15.4
15.3
No permanent additions shall be built
onto or become
a part of any mobile home unless they are in
accordance with building permits issued by the
enforcement
officer and meet all set back requirements.
AN APPROVED VACUUM BREAKER IS SUPPLIED.
15.4
No owner or person in charge of a dog,
cat, or other
pet animal shall.permit it to run at large,
or to
commit any nuisance within the limits
of any mobile
home park. '
SECTION 16. REGISTRATION OF OCCUPANTS: REPORTING OF COMMUNICABLE DISEASES.
16.1 Every mobile home park operator shall maintain a register containing a record of all mobile homes
and occupanf;s using the mobile home park. Such register shall be available to any authorized person
inspecting the park, and shall be preserved for a period of two (2) years. Such register shall contain;
(1) the names and addresses of all mobile home occupants stopping in the park; (2) the make, model,
and license number of the motor vehicle and mobile home except in independent mobile home parks;
(3) the State, territory, or county issuing the mobile home license; (4) the dates of arrival and
departure of each mobile home, and (5) whether or not each mobile home is a dependent of independent
mobile home. In the event of a transfer of operating rights and control, such register must be
delivered to and retained for the said period by the successor operator.
16.2 The operator shall notify the local health officer immediately of any suspected communicable or
contagious disease within a mobile home park. In the case of diseases diagnosed by a physician as
quarantinable, the departure of a mobile home or its occupants, or the removal therefrom of clothing or
other articles which have been exposed to infection, without approval of the health officer is prohibited
SECTION 17. SUPERVISION.
17.1 The person to whom an operator's fbermit for a mobile home park is issued shall at all times
operate the park in compliance with this Ordinance and the regulations issued thereunder, and shall
provide adequate supervision to maintain the park, its facilities and equipnemt in good repair and in
a cleannand sanitary condition at all times.
SECTION 18. PENALTIES.
18.1 Any person who violates any provision of this Ordinance, or any provision of any regulation
adopted by the enforcement officdr pursuant to authority granted by this Ordinance, shall upon conviction
be punished by a fine of not less than $5.00 nor more than $25.00, and each day's failure b£ compliance
with any such provision shall constitute a separate violation.
SECTION 19. CONFLICT OF ORDINANCES: EFFECT OF PARTIAL INVALIDITY: EMERGENCY CLAUSE.
19.1 In any case where a provision of this Ordinance is found to be in conflict wigh a provision of any
zoning, building, fire, safety, or health ordinance or code of this City of Fayetteville existion on
the effective date of this Ordinance, the provision which establishes the higher standard for the
promotion and protection of the health and safety of the people shall prevail. In any case'where a
provision of this Ordinance is found by a court of competent jurisdiction to be in conflict with a
provision of any other ordinance or code of the City of Fayetteville existing on the effective date of
this Ordinance which establishes a lower standard for the promotion and protection of the hdalth and
safety of the people, the provisions of this Ordinance shall be deemed to prevail, and such other
ordinances or codes are hereby declared to be found in conflict with this Ordinance.
19.2 If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance should be
declared invalid for any reason whatsoever by a court of competent jurisdiction, such decision shall
not affect the remaining portions of this Ordinance which shall remain in full force and effect; and
to this end the provisions of this Ordinance are hereby declared to be severable.
19.3 It is ascerhained by the Board of Directors and declared that the safety and health of the
citizens of the City of Fayetteville are'jeopardized by the lack of an orderly procedure for construction
maintenance and operation of mobile home parks within the City of Fayetteville, Arkansas. tt is,
therefore, declared that an emergency exists; that this Ordinance is necessary for the immediate
preservation of the public.peace, health and safety, and that this Ordinance shall take effect and be
in force from and after its passage and approval.
PASSED AND APPROVED THIS 8th DAY OF August, 1966.
a
Vlk
I M
r•
Director Melton moved that the proposed ordinance entitled "AN ORDINANCE AMENDING SECTION 15-25
RAYETTEVILLE CODE OF ORDINANCES, TO PROVIDE FOR THE USE OF CERTAIN PLASTIC WATER PIPING IN SAWN
SPRINKLER SYSTEMS WHERE AN APPROVED VACUUM BREAKER IS SUPPLIED." be placed on the second reading.
The motion was seconded by Director McFerran and passed unanimously. The ordinance was then read for
the second time. The Mayor then declared the ordinance open for discussion. There being no discussion,
Director Melton mobed that the rule be suspended and that the ordinance be placed on the third and
final reading. The motion was seconded by Director Dunn and passed unanimously.
The ordinance was then read for the third and last time. The Mayor then asked the question "'Shall the
ordinance pass?" Upon roll call, the following vote Was recorded: "Aye", Swartz, McFerran, Melton,
Trumbo and Dunn, and "Nay", None. There being five "Aye" votes and no "Nays", the Mayor declared the
ordinance passed.
ORDINANCE N0, 1510
AN ORDINANCE
AMENDING SECTION
15-25, FAYETTEVILLE
CODE OF ORDINANCES, TO PROVIDE FOR THE USE OF CERTAIN
PLASTIC WATER
PIPING IN LAFN
SPRINKLER SYSTEMS WHERE
AN APPROVED VACUUM BREAKER IS SUPPLIED.
LA
�I
f�
65
WHEREAS, Fayetteville Code of Ordinances, Section 15-1, adopts by reference the Arkansas State Plumbing
Code, and Section 15-25 of the Code of Ordinances amends Section 10.1.5 of the adopted State Plumbing
Ordinance No. Code to provide among other things that plastic water piping is prohibited, and
1510 (Cont.)
' WHEREAS, it now appears that certain plastic water piping may be safely used in lawn sprinkler systems
where approved macuum breakers are supplied.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS:
SECTION 1. That Section'15-25 of the Fayetteville Code of Ordinances, amending Section 10.1.5 of
the Arkansas State Plumbing Code, adopted by Section 15-t of theCode of Ordinances, be and the same is
hereby amended to read as follows:
Paragraph 10.1 *5 of Chapter 10 of the Arkansas State Plumbing Code referred to above (Section t5-1)
be amended to read as follows:
Section 10.1.5. WATER SERVICE PIPE (Materials). Cold water service piping shall be of cast iron,
type '!K" or "L" copper tubing or galvanized pipe, except when such service is under concrete; then
such pipe shall be cast iron pipe, type "K" copper tubing or extra heavy lead pipe, and comply with
Section 3.3.2 and 4.4.7.
The use of plastic water piping is prohibited, except in lawn sprinkler systems. When plastic water
piping and/or any other approved piping material is used in lawn sprinkler systems, the.following
requirements shall be met: •
4. All plastic
water piping.must be approved by the
testing laboratory of
the
National Sanitation
Foundation for use in
potable water systems.and bear the
NSF stamp of approval
for
use in such systems.
b. An approved vacuum breaker shall be installed and shall be in conformity with the provisions
of Section 10.6.4 of the Arkansas State Plumbing Code. The vacuum breaker shall be installed in a
location so that it will be protected against freezing, tampering and damage. Such location shall
be approved by the plumbing inspector.
SECTION 2. All ordinances and 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 8th day of August, 1966.
APPR ED.
ATTEST•
DON TRI 01 MA
GEORGE, . EfMS, CITY CLERK
Ambulance Director Melton moved that the proposed ordinance entitled "AN ORDINANCE DECLARING THE BUSINESS OF
Ordinance TRANSPORTING PERSONS WITHIN ;THE CITY OF FAYETTEVILLE BY MOTOR AMBULANCE FOR COMPENSATIODI TO BE A
left on NECESSARY PUBLIC SERVICE UTILITY SUBJECT TO REGULATION BY THE CITY; PROVIDING FOR THE LICENSING OF
econd reading AMBULANCE SERVICE OPERATORS AND DRIVERS; PROVIDING FOR REGULATIONS ON OPERATING AMBULANCES:
PROVIDING FOR APPROVAL OF RATE SCHEDULES; PROVIDING PENALTIES FOR VIOLATIONS; AND FOR OTHER PURPOSES.'
.be placed on the second reading.
The motion was seconded by Director McFerran and passed unanimously. The ordinance was then read
for the second time.
Due to the City Attorney being out of town, no further action was taken at this time and the ordinance
was left on second reading. .
There being no further business, Director Melton moved to adjourn.
The motion was seconded by Director Dunn and passes unanimously, whereupon the Mayor declared the
meeting adjourned.
APPRO
AMD3R TRUMBO, MAYOR
GEORGE 64 DA093 CITY CLERK
The Board of Directors of the City of Fayetteville, Arkansas, met in regular session on Monday, August
Regular meeting. 1966, at 8!:30 P. M. in the Directors Room in the City Administration Building.
Present: City Manager Gerald G. Box, City Clerk George J. Davis, City Attorney Hugh Kincaid, and Direc
Kerlin, Swartz, McFerran, Melton, Christie, and Dunn.
Absent: Mayor Don Trumbo.
Mrector Swartz
acted as Mayor. In the absence of Mayor Trumbo, Assistant Mayor Sylvia Swartz acted as Mayor.
The minutes of the regular meeting on Monday, August 1, 1966, and of the special meeting on Monday,
August 8, 1966, copies of which had previously been mailed to each of the Directors, were approved as
written. -
Director Dunn moved that the proposed Ambulance Ordinance entitled, "AN ORDINANCE DECLARING THE BUSINESS
Ordinance No. TRANSPORTING PERSONS WITHIN THE CITY OF FAYETTEVILLE BY MOTOR AMBULANCE FOR COMPENSATION TO BE A NECESSA.
1511 PUBLIC SERVICE UTILITY SUBJECT TO REGULATION BY THE CITY; PROVIDING FOR THE LICENSING OF AMBULANCE SERVI
OPERATORS AND DRIVERS; PROVIDING FOR REGULATIONS ON OPERATING AMBULANCES; PROVIDING FOR APPROVAL OF RATE
SCHEDULES; PROVIDING PENALTIES FOR VIOLATIONS; AND FOR OTHER PURPOSES , AS AMENDF.D;•ahich had been left
its second reading at the special meeting -on Monday; August 8, 1966, be placed on the third and final
reading.
The motion was seconded by Director Melton and passed unanimously.
' The Ordinance was then•read in its entirety for the third and last time.
The Acting Mayor then asked the question, "Shall the Ordinance pass?" Upon roll call the following vote
wgs recorded, "Aye" Kerlin, Swartz, McFerran, Melton, Christie, and Dunn. "Nay" None.
There being six "Ayes" and No !Nays", the Acting -Mayor declared the Ordinance passed.
Director Kerlin then moved that the emergency clause be adopted.
The motion was seconded by Director Melton and upon roll call the following vote was recorded, "Aye" Ker
Swartz, McFerran, Melton, Christie, and Dunn. "Nay" None.
There being Six "Ayes" and No "Nays", the•Acting-Mayor declared the emergency clause adopted.