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HomeMy WebLinkAbout1967-04-03 Minutes126 The lessor shall at its expense construct a concrete island for the erection of parking meter, with Lessee furnishing parking meter posts, parking meters, signs and striping on the above described real te• The Lessor shall also maintain the concrete island and asphalt surfacing during the term of the The Lessee shall collect all revenues derived by the operation by Lessee of the parking meters on the e described real estate. The monthly revenues so collected shall be divided fifty percent (50%) to th ee and fifty percent (50%) to the Lessor. That Lessee shall have the privilege of renewing this -Lease Agreement for an additional five (5) years at the option of the Lessee upon the same terms and conditions as herein stated upon giving smitten ce to Lessors of Lessee's election to exercise said privilege of renewal on or before the 30th day r to the end of the term of •this. Lease Agreement, . That this Lease Agreement shall be binding upon the parties hereto, their respective successors and WITNESS ?tqF FIOF, the parties hereto set their hands the 22nd day of March, 1967. -COUNTY OF WASHINGTC11 'EST: STATE OF ARKANSAS LESSOR fs/ Ruth E. Roberts /s/ Gene Thrasher RUTH E• ROBERTS, COUierY CLERK GENE THRASHER, COUNTY JUDGE CITY OF FAYETTEVILT.E, ARKANSAS /a/ George J. Davis LESSEE - GEORGE J• DAVIS, CITY CLERK /s/ Don Trumbo DON TRUMTO, MAYS?. '.nater & Sewer Extension The City Manager presented maps showing the basic outline of Water and Sewer extention proposals to exten Proposals into proposed annexed areas. Approved kfber a brief discussion, Director Kerlin moved to approve the basic plans as shown on the map indicating ItIhe program of water and sewer extensions through which the Board of Directors anticipates the City will Plserve the areas shown, including those areas proposed for annexation, as rapidly,as economically feasible The motion was sedonded by Director Melton and passed unanimously. Appoint The City Manager reported that he would be out of the City for a few da*+s and he recommended that the Al Jones Eoard appoint City•Controller Albert J. Jones to act as City Manager during his absence. Acting City Director Kerlin moved that City Controller Albert J. Jones be authorized to act as City Manager during Manger the absence of City Manager Gerald G. Fox. The motion was seconded by Director McFerran and passed unanimously.. ce Hall The City Attorney introduced and at the request of the Mayor, read a proposed ordinance in its entirety; left for.9.the first.time entitled,. "AN ORDINANCE REGULATING DANCE HALLS I:TiERE LIGHT WINES AND BEER ARE SOLD, first FRO'VIDING FOR LICENSING THEREOF, AND IhROSING A TAX, AND FGR OTHER PURFOSES." ding No further action was taken at this time, and the ordinance was left on the first reading. T. IJ. Keith, Rep. of N.W. imes was Dresent also. urainance No. 11534 being no further business, Director McFerran moved that the meeting adjourn. The motion was .ed by Director Christie, -.and passed unanimously, whereupo t e May declared the meeting adjourned AFFROVED: S� e - DON TR , GEORGE J. V , CITY CLERK The Board of Directors bf the City of Fayetteville, Arkansas, met in regular session on Monday, April 3, in the Directors Room in the City Administration Building at 7:30 P. M. Present: City Manager.Gerald G. Fox, City Clerk George J. Davis, City Attorney Hugh Kincaid, and Directo Kerlin, Swartz, McFerran, Melton, Christie, Trumbo, and Dunn. Absent: None. The minutes of the regular meeting on Monday, March 20, 1967, a copy of which had previously been mailed to each of the Directors, were approved as written, The City Manager presented the petition of Helen Edmiston and Jere Block to rezone certain property on Chestnut and Sycamore Streets from I-lA Light Industrial District to R-3 Multi -Family Residential Distri and from R-2 Two -Family Residential District to R-3 Multi -Family Residential District, which had been recmmmended by the Planning Commission. After a brief discussion, the City Attorney introduced and, at the request of the Mayor, read a proposed ordinance in its entirety entitled, "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239, AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED MAY 280 1962, AS AMENDED, TO REZONE CERTAIN REAL ESTATE FROM I -IA LIGHT INDURTRIAL DISTRICT TO R-3 MULTI -FAMILY RESIDENTIAL DISTRICT". Director Christie moved that the Ordinance pass. The motion was seconded by Director Kerlin and upon roll call the following vote was recorded, "Aye" Kerlin, Swartz, McFerran, Melton, Christie, Trumbo, and Dunn. "Nay" None. There being Seven "Ayes" and No "Nays ", the Mayor declared the Ordinance passed. ORDINANCE N0, 1534 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239, AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED.MAY 280 1962, AS AMENDED, TO REZONE CERTAIN REAL ESTATE FROM I-lA LIGHT INDUSTRIAL DISTRICT TO R-3 MULTI -FAMILY RESIDENTIAL DISTRICT• , WHEREAS, a public hearing was held before the Planning Commission of the City of Fayetteville, Arkansas, on March 28, 1962, on tha petition of Jere Block and Helen Edmisto n, requesting that said Planning Commission recommend to the Board of Directors of the City of Fayetteville, Arkansas, that the Board of Directors enact an ordinance rezoning the following described property, presently zoned I-lA Light Industrial District, to R-3 Multi -Family Residential District, to -wit: M in the event this lease is terminated or not renewed, the -Lessee shall have the right to remove any id all parking meters and poles installed on the above described real estate, . That this Lease Agreement shall be binding upon the parties hereto, their respective successors and WITNESS ?tqF FIOF, the parties hereto set their hands the 22nd day of March, 1967. -COUNTY OF WASHINGTC11 'EST: STATE OF ARKANSAS LESSOR fs/ Ruth E. Roberts /s/ Gene Thrasher RUTH E• ROBERTS, COUierY CLERK GENE THRASHER, COUNTY JUDGE CITY OF FAYETTEVILT.E, ARKANSAS /a/ George J. Davis LESSEE - GEORGE J• DAVIS, CITY CLERK /s/ Don Trumbo DON TRUMTO, MAYS?. '.nater & Sewer Extension The City Manager presented maps showing the basic outline of Water and Sewer extention proposals to exten Proposals into proposed annexed areas. Approved kfber a brief discussion, Director Kerlin moved to approve the basic plans as shown on the map indicating ItIhe program of water and sewer extensions through which the Board of Directors anticipates the City will Plserve the areas shown, including those areas proposed for annexation, as rapidly,as economically feasible The motion was sedonded by Director Melton and passed unanimously. Appoint The City Manager reported that he would be out of the City for a few da*+s and he recommended that the Al Jones Eoard appoint City•Controller Albert J. Jones to act as City Manager during his absence. Acting City Director Kerlin moved that City Controller Albert J. Jones be authorized to act as City Manager during Manger the absence of City Manager Gerald G. Fox. The motion was seconded by Director McFerran and passed unanimously.. ce Hall The City Attorney introduced and at the request of the Mayor, read a proposed ordinance in its entirety; left for.9.the first.time entitled,. "AN ORDINANCE REGULATING DANCE HALLS I:TiERE LIGHT WINES AND BEER ARE SOLD, first FRO'VIDING FOR LICENSING THEREOF, AND IhROSING A TAX, AND FGR OTHER PURFOSES." ding No further action was taken at this time, and the ordinance was left on the first reading. T. IJ. Keith, Rep. of N.W. imes was Dresent also. urainance No. 11534 being no further business, Director McFerran moved that the meeting adjourn. The motion was .ed by Director Christie, -.and passed unanimously, whereupo t e May declared the meeting adjourned AFFROVED: S� e - DON TR , GEORGE J. V , CITY CLERK The Board of Directors bf the City of Fayetteville, Arkansas, met in regular session on Monday, April 3, in the Directors Room in the City Administration Building at 7:30 P. M. Present: City Manager.Gerald G. Fox, City Clerk George J. Davis, City Attorney Hugh Kincaid, and Directo Kerlin, Swartz, McFerran, Melton, Christie, Trumbo, and Dunn. Absent: None. The minutes of the regular meeting on Monday, March 20, 1967, a copy of which had previously been mailed to each of the Directors, were approved as written, The City Manager presented the petition of Helen Edmiston and Jere Block to rezone certain property on Chestnut and Sycamore Streets from I-lA Light Industrial District to R-3 Multi -Family Residential Distri and from R-2 Two -Family Residential District to R-3 Multi -Family Residential District, which had been recmmmended by the Planning Commission. After a brief discussion, the City Attorney introduced and, at the request of the Mayor, read a proposed ordinance in its entirety entitled, "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239, AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED MAY 280 1962, AS AMENDED, TO REZONE CERTAIN REAL ESTATE FROM I -IA LIGHT INDURTRIAL DISTRICT TO R-3 MULTI -FAMILY RESIDENTIAL DISTRICT". Director Christie moved that the Ordinance pass. The motion was seconded by Director Kerlin and upon roll call the following vote was recorded, "Aye" Kerlin, Swartz, McFerran, Melton, Christie, Trumbo, and Dunn. "Nay" None. There being Seven "Ayes" and No "Nays ", the Mayor declared the Ordinance passed. ORDINANCE N0, 1534 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239, AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED.MAY 280 1962, AS AMENDED, TO REZONE CERTAIN REAL ESTATE FROM I-lA LIGHT INDUSTRIAL DISTRICT TO R-3 MULTI -FAMILY RESIDENTIAL DISTRICT• , WHEREAS, a public hearing was held before the Planning Commission of the City of Fayetteville, Arkansas, on March 28, 1962, on tha petition of Jere Block and Helen Edmisto n, requesting that said Planning Commission recommend to the Board of Directors of the City of Fayetteville, Arkansas, that the Board of Directors enact an ordinance rezoning the following described property, presently zoned I-lA Light Industrial District, to R-3 Multi -Family Residential District, to -wit: M Y; Ord. No. 15}4 The West 48.38 feet of Lots 4 and 9, and all of Lots 5, 6, 7, and 8, all in Block ll of Parker's Plat of Valley View Acres, a Subdivision to the City of Fayetteville, Arkansas, as per plat of said Subdivision on file in the Office of the Circuit Clerk and Ex -Officio Recorder of Washington County Arkansas; and .WHEREAS, notice of said public hearing, setting forth the date, time, place, and purpose of hearing and location of the property was published in the Northwest Arkansas Times, a newspaper of general circulation in said City, more than .15 days prior to said public hearing, and WHEREAS, following said public hearing said Planning Commission certified to the Board•of Directors of the City of Fayetteville, Arkansas, its recommendation that an ordinance be adopted rezoning the abov described property, presently zoned.I-1A Light Industrial District, to R-3 Multi- Family Residential District. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the above described property, presently zoned I -1A Light Industrial District be and the same is rezoned to R-3 Multi -Family Residential District, SECTION 2. That all ordinances or parts of ordinances in conflict herewith are hereby repealed, and this Ordinance shall be in full force and efffet from and after its passage, approval and publication. PASSED AND APPROVED this 3rd day of April, 1967. APPROVED: / _ ATTEST: + DON , J@. GEORGE DAUTA, CITY CLERK The City Manager then read a proposed ordinance in its entirety entitled, "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239, AND REVISED ZONING DISTRICT -MAP OF FAYETTEVILLE, ARKANSAS, APPROVED MAY 280 19629 AS AMENBED, TO REZONE CERTAIN REAL ESTATE FROM R4 TWO FAMILY RESIDENTIAL DISTRICT TO R-3 MULTI -FAMILY RESIDENTIAL DISTRECT." t . Director Christie moved that the ordinance pass. The motion was seconded by Director McFerran, and upon roll call the following tote was recorded, "AYE" Kerlin, Swartz, McFerran, Melton, Christie, Trumbo, and Dunn. "NAY" None. ORD. N0; 1535 There being seven"ayes"and no %ays"the Mayor declared the Ordinance passed. ORDINANCE NO. 1535 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239, AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS2#PPROVED MAY 28, 1962, AS AMENDED, TO REZONE CERTAIN REAL ESTATE FROM R-2 TWO RAMILY RESIDENTIA DISTRICT TO R-3 MULTI -FAMILY RESIDENTIAL DISTRICT. WHEREAS, a public hearing was held before the Planning Commission of the City of Fayetteville, Arkansas, on March 28, 1967, on hhes�etition of Helen Edmiston, requesting that said Planning Commission recommend to the Board of Directors of the City of Fayetteville, Arkansas, that the Board of Directors enact an ordinance rezoning the following described property, presently zoned R-2 Two Family Residential District, to R-3 K)alti-Family Residential Oistrict, to -wit: All of Lots One (1), Nine (9), and Ten (10) in Block numbered Ten (10) of Parker's Plat of Valley View Acres, a subdivision to the City. of Fayetteville, Arkansas, as per plat of said Subdivision oD file in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas, and being all that part of Block Ten (10) lying East of the creek, containing three (3) acres, more or less; and WHEREAS, notice of said public hearing, setting forth the date, time,4place and purpose of hearing, ' and location of the property was published in the Northwest Arkansas Tiies, a newspaper of general circulation in 'said City, more than 15 days prior to said public hearing, and WHEREAS, following said public hearing said Planning Commission certifidd to the Board of Directors of the City of Fayetteville, Arkansas, its recommendation that an ordinance be adopted rezoning the above described property, presently zoded R4 two ?amily Residential District, to R-3idulti-Family Residential District. �i ' NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF TH FAYETTEVILLE, ARKANSAS, SECTION 1. That the above dexcribed property, presently zoned R-2 two family residential district, be and the same is hereby rezoned to R-3 multi -family residential district. SECTION 2. That all ordinances or parts of ordinances in conflict herewith are hereby repealed, and this Ordinance shall be in full force and efffct from and after its passage, approval and publics PASSED AND APPROVED this 3rd day of April, 1967. (� APPROVED: ATTEST: A DON TRUMBO, MAYOR FORGE J41 DARrIS, CITY CLERK Dance Rall Ord. The City Manager read a proposed ordinance entitled, "AN ORDINANCE REGULATING DANCE HALLS WHERE LIGHT left on second WINES AND BEER ARE SOLD, PROVIDING FOR.LICENSING THEREOF-, AND IMPOSING A TAX, AND FOR OTHER PURPOSES," reading. which was left on the first reading at the last regular meeting of the Board of Directors on Monday, March 20, 1967. No further action wa_s. taken at this time and the ordinance was left on second reading. Authorized the City Manager reported that the recertification.of our Workable Program for Community Improvement publication of (necessary to qualify for many federal programs) is'due in June. One of the items specified for change notice to adopt before our recertification request was to "adopt the latest editions of nationally recognized model ElectriclCode building, plumbing, electrical, housing and fire prevention codes." We have the latest housing and & Fikri Irevention. plumbing codes alkeady in effect. We are in the process of recommending that you adopt the 1965 edition of the National Electric Code and Arkansas State Fire Prevention Code replacing earlier editions. Notices of such intent to adopt must be published pridr to adoption. I am asking.your authority to publish notices to adopt the 1965 etitions of the National Electric Code and Arkansas State Fire Prevention Code at our April 27 meeting. The revised Building Code will be recommended at a later date. Notice li Cawji Director Melton moved that the.City Clerk be and he is hereby authorized and -directed to cause the following.legal notice to be published in the Northwest Arkansas Times,'one time only, - as follows: LEGAL NOTICE Notice is hereby given that the Board of Directors of the City of Fayetteville, Arkansas, has under consideration the enactment of ordinances amending the Fayetteville Code of Ordinances to adopt by reference the provisions of the following technical codes, regulations -and standards: 1. "State of Arkansas, Fire Prevention Code, Regulations Governing Fire Hazards and Fire Prevention", 1965 Edition; and'Act 31 of 1965, Acts'of Arkansas, known as the Liquefied Petroleum Gas Board Act. 2'. "National Electrical Code, NFPA No. 70", 1965 Edition, as issued by the National Fire Protection Assoeiation. Three (3) copies of each of the foregoing codes, standards and regulations are on file in the office of the City Clerk at the City of Fayetteville, Arkansas, and are open to public examination. The motion was seconded by Director Swartz and passed unanimously. The City Attorney read a proposed resolution in its entirety entitled,'"A RESOLUTION AUTHORIZING THE CITY MANAGER TO DESIGNATE THE HOUSING OHRICER OF THE CITY OF FAYETTEVILLE, ARKANSAS, AND FOR REIATED PURPOSES:' . Director Melton moved that the resolution be adopted. toward payment of notes foi The motion was seconded by Director Kerlin and passed unanimously. RESOLUTION N0. 647 A RESOL@TION AUTHORIZING THE CITY MANAGER TO DESIGNATE THE HOUSING OFFICER OF THE CITY OF FAYETTEVILLE, ARKANSAS, AND FOR RELATED PURPOSES. WHEREAS, by Section 2 of Resolttion 1845 of December 6, 1965, Mr. Bill Parette, Sanitarian, was designated by the City Council as Housing Officer under the provisions of the Housing Ordinance (Code of Ordinance Section 12-1, et sec.), and - WHEREAS, it is now the desire of the Board of Directors to provide for the designation of a full'. time city employee .to serve as Housing Officer, and to authorize the. City Manager to designate the employee to serve in such capacity. I It NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That Section 2 of Resolttion 1845 of December 6, 19659 is hereby rescinded. SECTION 2. That the City Manager is hereby authorized to designate from among the regular full time employees of the City of Fayettevillq an employee to serve as Housing Officer under the provisions of the Housing Ordinance (section 12-1, at seg. of the Fayetteville Code of Ordinances)p and the City Manager is further authorized to ch:;nge such designation from time to time as he deems appropriate in order to insure the effective administration of said ordinance. SECTION 3. That the employee so designated shall be vested with the full authority and responsibility provided in the Housing Ordinance for the Housing Officer. PASSED AND APPROVED this .3rd day of Arpil, 1967. IP �� , ", ,pPr y.• APPROVED: DON TRUMBOs MAYOR 14 1 0 City Manager read. Administrative Memo #49 in regard to oft-streetin parking lot development which was ad in the Minutes and reads as follows: Lot I ' OFF19STREET PARKING IAT DEVELOPMENT t this time the City has in existence a total of seven (7) off-street parkt#g lots containing three undred and seventy-five (375) parking meters. Six (6) of the seven (7) lots are being jointly under- ritten by the City of Fayetteville, and the Fayetteville Parking Association, Inc. (Downtown Fayette nlimited). the seventh is operated under lease with Washington County and the American Legion. The ity actually Gown four (4) lots of the six.(6) being jointly underwritten, while two are under lease, ne with an option to purchase and the other without such option. lots were purchased and constructed by money borrowed from the two banks to.be repaid over a ten year od. Parking meters are purchased by the city for the lots. On six of the seven lots, therefore, the pays interest and principal for notes on construction and either lease payments or interest and cipal on notes for the purchase of the lots. 'As of 'January'1, 1967, note principal totalling $132,25+ note interest of $24,053.32, for a grand total of $156,312.02 was outstanding. As a sidelight, on e lots purchased by the City, the Merchants' Association has the option to purchase from the City at market price less any amount already paid by the association, between March 1 and June 1, 1973. If option is not exercised, the City would own the property outright after that date.. In the underwriting agreements, the city has pledged all revenue from the lots toward payment of notes foi construction and purchase or leases. If such amount is not sufficient to meet the required payments,. the merchants association has pledged to pay the difference. For the past.two years, such payments look as follows: YEAR PARKING METER RECEIPTS MERCHANTS DONATIONS TOTAL RECEIPTS 1965 $13,669.64 $20017.08 $34086.72 1966 179581.28 15,759.09 339340.37 1967" (est.) 18,500.00 14,275.00 320775.00 The Merchants Association has now acquired lease to two (26 other downtown lots for off-street parking purposes (Green Lot on Meadow and Christy Lot on Rock). Botft lots have been cleared and are ready for construction. Layouts indicate that 122 spaces can be providedon the Green Lot and 23 spaces on the Christy Lot. The Green Lot leases for $5,000 and the Christy Lot for $1,800 annually. There is an option to putdhase the Green Lot after ben years for $95,000 and the Christy Lot after two years for $35,000. Demolition and construction costs on the two lots will run $17,000 and the first year's 470 1 J 129 lease (already in effect) about $6,000. (Therefore, $23,000 will have to be borrowed to fully develop the two lots: In addition, $8,000 will be spent for parking meters from surplus off-streed parking funds sum of $23,000 borrowed at 4 3/4$ for ten years would initially require $275 per month for principal an �✓ terest requirements. Leases on the tw (2) lots would add another $570 per month making a total Q/ (requirement of approximately $845 per month. The merchants association has firm pledges to underwrite up to $660 per month of the total due. narking meter revenues (depending upon meter time and coin combination) should bring in about $400. Both meter revenues and merchants pledges should be.more than sufficient to cover requirements. �I would therefore recommend that the City Board authorize the Mayor and City Clerk to execute under - Approve Under- writing agreements with the Merchants' Association to be similar to the ones already in existence; writing Agreement Further, that the Board authorize construction work on the two lots to begin immediately according to for off-street plans and specifications prepared by the pity Engineer. parking lot. Director Melton moved to -accept the recommendation of the City Manager and that the Mayor and City Clerk be and they are hereby authorized to execute the Underwriting Agreembnt. The_motion_was seconded by Director Swartz and passed unanimously. The City Manager presented a proposed agreement between the City of Fayetteville and the Fayetteville Humane Society for the construction of Animal Shelter Facilities which had been discussed at the last (meeting of the Board of Directors. am'^ lAfter a brief discussion, Director Kerlin moved to approve the proposed agreement with the Fayetteville l `Humane Society and that the Mayor and City Clerk be and they are hereby authorized to execute the Agreement; also that .the Animal Shelter be constructed at a cost to the City not to exceed $6,000.00, which shall be appropriated from the Capital Improvement Fund. (The motion was seconded by Director Swartz and passed unanimously. A copy of the Agreement was spread on the minutes and reads as follows: AGREEMENT Animal Shelter Provided the City of Fayetteville authorizes expenditure of five thousand dollars ($5,000) for the Agreement building of Animal Shelter facilities with t smooth, concrete floor sloped to -give adequate drainage, and provides the services of at least one full time animal control officer during months when all dogs are, forbidden to run at large. The Fayetteville Humane Society agrees to contribute a sum not to exceed four thousand -dollars ($4,000.00) to the City of Fayetteville to be used for the specific purpose of ,constructing office space, as provided for in the original -plans for construction of a pound facility at the present proposed site and two additional kennel runs to the facility now planned, making a total of twelve (12) kennel runs available for use when the shelter is completed. In consideration of the aforementioned donation to the City of Fayetteville from the Humane Society, the City of Fayetteville agrees to the following rights and privileges of Fayetteville Humane Society: Fayetteville Humane Society shall have the right to occupy and use the office facilities of said animal shelter free of charge, as long as this agreement remains in force, for purposes of donducting humane activities and investigation of cases of cruelty to animals, as provided for under Arkansas tate Law 78-101, cooperating with the City of Fayetteville by shaong these premises with the animal control officer during performance of animal control duties. This office space shall be provided with a telephone at the expense of the City of Fayetteville for the mutual use of the animal control ffiodfisad Ahd the Fayetteville Humane Society. Be The City of Fayetteville further agrees that Fayetteville Humane Society shall have the use of two (2) kennel runs within the animal shelter free of charge for use in holding'for placement animals which come into their custodyl Animals are defined as being dogs or cats only. C. Whoever is employed by the City of Fayetteville and is charged with the responsibility of maintaining the shelter facilities shall properly clean and sanitize all runs within the shelter, in accordance .with standards established by the Board of Directors of the City of Fayetteville, including runs used ' by the Humane Society, and shall provide animal food and water for all animals housed in the shelter, including those under the custody of the Humane Society, D. The City of Fayetteville agrees to release into the custody of Fayetteville Humane Society all animals impounded but not redeemed by owners id thin (5) days, whereupon the Fayetteville Humane Society shall determine whether the animal shall be kept to be dffered for adoption or humanely destroyed. City of Fayetteville agrees to humanely destroy and dispose of animals judged unfit for adoption. Fayetteville Humane Society shall be free to solicit donation at the shelter from the public for adoptions of animals or for the purpose of carrying on other humane work. Fayetteville Humane Society agrees to keep accurate and adequate records of animals impounded within the animal shelter by the City of Fayetteville when such information to be contained in records is provided, as well as those animals held under Humane Society custody for the purpose of providing the public with information and better opportunity to redeem lost an, or impounded pets. Fayettevil Humane Society agrees to keep accurate and adequate records of all impoundment fees, boarding fees, license fees and vaccination costs collected or received by it under the provisions of this agreemen Fayetteville Humane Society agrees to collect impoundment fees now established or adopted in the future by ordinance of the City, including the license fee for any unlicensed dog and the cost of vaccinating any unvaccinated dog, when the animal control officer is not on duty, for animals redeems by owners within five (5) days after impoundment. Animals shall not be freed to owners or others until they are vaccinated and licensed and a boarding fee, cost of vaccination and license fee paid. All such fees and costs collected by the Fayetteville Humane Society shall be turned over to the City at least monthly. ' H. All animals which are held in custody at the animal shelter whether they were impounded by the Humane Officer or.brought by the Humane Society, held beyond the five (5) day holding period shall be charged a boarding fee as from time to time_established.by the City, and presently established at 500 per day. If any owner is found for the animal, he shall pay the boarding fee from the time of impoundment as well as the license few for any unlicensed dog and the cost of vaccination for any unvaccinated dog. If such animals are finally destroyed, the Humane Society shall pay the boarding fee for all days over five (5) day holding period together with any vaccination cost incurred. Any such fees and costs shall be turned over to the City at least monthly. I. Fayetteville Humane Society may hire such employees as may be needed to carry out their work and such employees may also use the office facilities of the animal shelter free of charge. All such employee mh$lAlbe bonded to the extent required by the City. ter I , ement J. In the event the aforementioned animal shelter is removed to another location, or major alterations are made, the City of Fayetteville agrees to provide the Fayetteville Humane Society with comparable facilities as outlined in this agreement, -in any new or remodeled animal shelter at no cost to the Fayetteville Humane Society, if such movement to another Aocation or major alteration is prior to January 1, 1977. The Fayetteville.Humane Society shall have the privilege, at their expense and upon approval of the City, of adding more kennel runs or other facilities if the need arises at any time in the future. L. Standards for shelter maintenance, sanitation, euthanasia, etc., shall be according to good practice. M. Fayetteville Humane Society may terminate this agreement at any time after giving the City of Fayetteville thirty (30) days notice; if such notice is given and the agreement terminated, Fayettevi Humane Society shall have no claim or recourse to money donated by them to the City of Fayetteville,4 for the purpose of assisting in the building of an animal shelter. The City of Fayetteville may terminate this agreement at any time after giving the Humane Society 30 days notice; if such notice is given the Humane Society shall be Pefdmded a of pf money equal to $4,00 donated less reasonable depreciation of the animal shelter which depreciation shall be computed straight line at 10% per year. If this agreement is terminated, the Fayetteville Humane Society shall have the right to remove any detached equipment which they have placed at the shelter. i 0 . SECRETARY Executed on this, the 4th day of April, 1967. CITY :EYETT ILLEj ARKANSAS MAYOR FAYETTEVILLE HUMANE SOCIETY, INC. PRESIDENT Approve The City Manager reported that two bide'had been received for the leasing of approximately 30 acres of lease for land aL Sewer Plant for Cultivation and Growing of Crops under certain conditions* crop cult-' One bid was by Herman Jones for $151.50 per year and the other was by,Lawrence Shelton for $100.00 per 3^ ivation. Director Klerk Melton moved to accept the bid bf Herman Jones for $151.50 per year and that the Mayor and City be and they are hereby authorized to execute the contract. lution Mr. Rip Lindsey, representing the Trans -Video of Arkansas, appeared before the Board of Directors and 747 presented a proposed resolution which, at the request of the Mayor, he read in its entirety. After a brief discussion, Director Dunn moved that the resolution be adopted. The motion was seconded by Director Melton and passed unanimously, whereupon the Mayor declared the Resolution adopted. RESOLUTION N0. 747 _ BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS, that the Federal Communications Commission's Memorandum Poinion and Order of March 21, 19671 (F.C.C. Mimeo 67-328)denying the Petition for Waiver of Trans -Video of Arkansas of the non-ddplication rules and ordering that Trans - Video of Arkansas "black out" programs from Tulsa, Oklahoma television -stations which duplicate the programs of Station MA : TV, Fort Smith, Arkansas,vis contrary to the best interest of the residents and citizens.of Fayetteville, Arkansas: THAT Station KFSA - TV, F6RT Smith, Arkansas, is not considered to be a local television station with respect to Fayetteville in that said station does not broadcast any local programs, local news or advert- isements for Fayetteville; that they do not cooperate in any way with our local civic clubs, chamber or commerce, -citizens associations or other civic, religious or cultural,organization to stimulate the economic or cultural growth of our community to a greater extent than any of the stations to be blacked out under this order. THAT the signal of Station KFSA - TV, Fort Smith, Arkansas, is substantially inferior in most areas of Fayetteville and that without the community antenna television system said signal could not be mceived by most residents of Fayetteville in acceptable viewing quality; that if Trane-Video,of Akkansas is forced by this order to substantially depreciate the value of the service it provides,to the citizens of Fayetteville, it may suffer serious loss of revenue and would in turn reflect a lose of revenue to the City of Fayetteville. THAT the Commission's Order requiring the Fayetteville community antenna television system to "black out" long established television stations in the area is therefore considered to be unreasonable and arbitrary therefore the Federal Communications Commission is hereby requested to stay the effectiveness of its order requiring compliance with Section 74.1103 of the Commission's Rules and to reconsider and grant the Petition for Reconsideration of said Memorandum Opinion and Order filed by Trans -Video of Arkansas. PASSED AND APPROVED this 3rd day of April, 1967. a• • f� ��• Mi r ar• APPROVED: GL/ (/��Gti✓" a � . DON TRUMBO, MAYOR There being no further business, Director McFerran moved to adjourn. The motion was seconded by Director Dunn and passed unanimously, wher n th Mayor declared the meeting adjourned. ATTEST: APPROVED: (y a r __ DON TRUMBO, MAYOR GEORGE J3 DXnS, CITY CLERK , 1