HomeMy WebLinkAbout1967-12-04 Minutes2151
The motion was seconded by "irector Kerlin and passed unanimously, whereupon the Mayor declared the
meeting adjourned.
APPROVED
L(NGC
DON TRUMBO, MAYOR
AT. _�.,c1/ll.� _a1
Regular Meeting,
The Board of Directors of the City of Fayetteville, Arkansas, met in regular session on Monday,
December 4, 1967, 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
Directors: Kerlin, Swartz, McFerran, Christie, and Trumbo.
T. J. Keith,
Rep.
Absent: Directors Garland Melton,Jr., and Dale Dunn.
N.W.Arkansas
Times
also present.
The minutes of the regular meeting on Monday, November 20, 1967, and of the special session on Thursday,
November 30, 1967, copies of which had previously been mailed to each of the Directors, were approved
as written.
The City Attorney introduced and, at the request of the Mayor, read a proposed ordinance in its entirety
for the first time,.entitled, "AN ORDINANCE TO ACCEPT AND CONFIRM THE DEDICATION OF ALL EASEMENTS IN
Ordinance No.
1577
HARRIS ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS".
Director Christie moved that the rule be suspended and that the Ordinance be placed on the second readin,
The motion was seconded by Director Kerlin and passed unanimously.
The Ordinance was then read for the second time.
The Mayor then declared the Ordinance open for discussion. NEten a brief discussion, Director Christie
moved that the rule be further suspended and the Ordinance placed on the third and final reading.
The motion was seconded by Director kerlin 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" Kerlin, Swartz, McFerran, Christie, and Trumbo.
"Nay" None.
There being Five "Ayes" and No "Naysll>
the Mayor declared the Ordinance passed.
ORDINANCE N0, 1577
ORDINANCE TO ACCEPT AND CONFIRM THE DEDICATION OF ALL EASEMENTS IN HARRIS ADDITION TO THE CITY OF
YETTEVILLE, ARKANSAS.'
WHEREAS, there has been duly presented to the Board of Directors of the City of Fayetteville,
ansas, a plat dated November 30, 1967, known as the Harris Addition to the City of Fayetteville,
which the owners have dedicated for the public use easements as shown upon said plat; and
WHEREAS, the City Planning Commission of the City of Fayetteville, Arkansas, has.recommended the
)tante of said plat.
NOW, THEREFORE, BE IT ORDAINED.BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS:
SECTION 1. That the City of Fayetteville, Arkansas, hereby accepts and confirms the plat and the
.edication of all easements in the Harris Addition to the City of Fayetteville, Arkansas, and hereby
.eclares said easements to be public easements and the Board of Directors hereby assumes care, control,
nd jurisdiction of the same. .
SECTION 2. That this ordinance shall be in full force and effect from and after,its passage, approve
and publication.
' PASSED AND APPROVED this 4th day of December, 1967. l
APPROVED: I
ATTEST: ' }
21w 9y-rN DO TRUMBO, MAYOR
GEORGE(J. DAVIS, CITY CLERK
The City Attorney introduced and, at the request of the Mayok, read a proposed ordinance in its enti
Ordinance No. 1578 for the first time entitled, "AN ORDINANCE AMENDING ZONING ORDINANCE N0, 1239, AND REVISED ZONING DI
MAP OF FAYETTEVILLE, ARKANSAS, APPROVED MAY 28, 19620 TO REZONE CERTAIN REAL ESTATE FROM A-1 ANNEXED
TERRITORY DISTRICT, TO R-3 MULTI -FAMILY RESIDENTIAL DISTRICT".
Director Christie moved that the rule be suspended and the Ordinance placed on the second reading.
The motion was seconded by Director Swartz and passed unanimously.
The Ordinance was then read for the second time.
The Mayor then declared the Ordinance open for discussion. After a brief discussion, Director Swartz
moved that the rule be further suspended and the Ordinance placed on the third and final reading.
The motion was seconded by Director McFerran and passed unanimously.
The Ordinance was then readdfor the third and last time.
The Mayor then asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was
recorded, "Aye" Kerlin, Swartz, McFerran, Christie, and Trumbo. "Nay" None.
There being Five "Ayes" and No "Nays", the Mayor dec3ared the ordinance passed.
ORDINANCE NO. 1578
AN ORDINANCE AMENDING ZONING ORDINANCE N0. 12399%AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS,
APPROVED MAY 28, f88E, TO REZONE CERTAIN REAL ESTATE FROM A-1 ANNEXED TERRITORY 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 Tuesday, November 211 1967, on the petition of B. A. Shamblin, Agent for the owners, and
Hare Associated, Limited, 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 A-1 Anexed Territory District, to R-3 Mulit-Family Sesidential bistrict
to -wit. I
TRACT N1
All of lot number four (4) of University Acres Subdivision According to the plat of said subdivision
i 216
No.
(Cont.)
in the plat book at page 254 in the office of the Circuit dlerk and..&xs office Recorder of
n County, Arkansas. I`
TRACT #2
The South 787 feet of lot, number six (6) ofUnivetsity Acres Subdivision According to the plat of
said subdivision recorded in the plat book at page 254 in the office of the Circuit Clerk and
Ex -officio Recorder of Washington County, Arkansas.
TRACT #3
All of lot number seven'(7) of University Acres Subdivision According to the plat bf said
subdivision as recorded inthe plat book at page 254 in 'the office of the. Circuit Clerk
and Ex -officio Recorder'of.Washington Bounty, Arkansas, less and except the following
described land: Beginning at the.Northwest corner of said lot seven (7) and running thence
South to 160 feet, thence East 66 feet, thence North to the North line of said lot seven (7)
thence West to the point ofbbeginning.
WHEREAS, notice of said public hearing, setting forth the date, time, place and purposes of said
g And location of property was published in the Northwest Arkansas Times, an Newspaper of general
ation in said city, more than 15 days propr to said public hearing, c
WHEREAS, following said public hearing, said'Planning Commission certified to the Board of Directo
the City of Fayetteville, Arkansas, its recommendation that an ordinance be adopted rezoning the
ve-described property, presently zoned A-1 Anneied Territory bistrict to R-3 Multi -Family Rgsidential
trict. .
NOW, THEREFORE, BE IT ORDIANED BY THE BOARD OF DIRECTORS OFTNRE CITY OF FAYETTEVILLE, ARKANSAS,
SECTION 1. That the above-described property, Which is presently zoned A-1 Annexed Territory
t, be and.the dame 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 effect from and after its passage, approval and publication.
PASSED AND APPROVED this 4th day of December, 1967
APPROVED:L I(AAAJZ"�
I
A ' DON TRU 0, MAYOR
GOERGE J. A S,S, CITY CLERK
The City Attorney introduced and, at the request of the Mayor, read a proposed Ordinance in its entirety
ance entitled, "AN ORDINANCE AMEND1NG ZONING ORDINANCE N0, 1239, AND REVISED ZONING DISTRICT MAP OF FAYETTEVII
1579 ARKANSAS, APPROVED MAY 28, 19629 TO REZONE CERTAIN REAL ESTATE FRffi R-2 TWO FAMILY RESIDENTIAI:;,MSTRICT
TO R-3 MULTI -FAMILY RESIDENTIAL DISTRICT." .'
Director Christie moved that the rule be suspended and that the Ordinance by placed on the second reading
The motion was seconded by Director Kerlin and passed unanimously.
The Ordinance was then read for the second time.
The Mayor then declared the Ordinance open for discussion. After a breif.discussion, Director Christie
moved thet the rule be further suspended and the Ordinance placed on the 3rd and final reading.
The motion was seconded by Director McFerran 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 reco
"Aye" Kerlin, Swartz, McFerran, Christie, and Trumbo.
"Nay" None.
There being five "Ayes" and no "Nays", the Mayor declared the Ordinance Sassed,
ORDINANCE N0, 1579
AN ORDINANCE AMENDING ZONING ORDINANCE N0, 12399 AND REVISED ZONING DISTRICT MAP OF FAYETT MLLE, AR
APPROVED MAY 282.1962,.TO REZONE CERTAIN REAL ESTATE FROM R-2 TWO FAMILY RESIDENTIAL DISTRICT TORR -3
MULTI -FAMILY RESIDENTIAL DISTRICT. .
WHEREAS, a public hearing was held before the Planning dommision of the City of Fayetteville, Arkaa
on Tuesday, November 21, 1967, on the petition of the.
C. Guthrie and Patricia Guthrie, 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 Multi-Familv Residential District, to -wit:
Lots one (1) and two (2) in Block.one (1) and Lots ten (10) and eleven (11) in Block two (2),
Rochier Heights Additional to the City of Fayetteville, Arkansas, as per plat of said addition
on file in the office of the Circuit Clerk and Ex -officio Recorder.of Washington County,
Arkansas; also, that landlof equal and uniform width lying between Lot one (1), Block One (1)
and Lot eleven (11). Block two (2) of Rochier Heights Addition to the City of Favetteville,
formerly being that part of Waunettah Avenue, lying between said Lots.
Me
WHEREAS, notice of said public hearing, setting forth the date, time, plach and purposes of said
hearing and location of 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 rez
the the above=described property, presently zoned R-2 Two Family Residential District to R-3 Multi -F
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,'which is presently zoned R-2 Two Family Resindential
district, be and the same is hereby rezoned to R-3 Multi -Family Residential District.
1
Ordinance
Rezoning
7I
L
Ordinance
21
SECTION 2. That all ordinances or parts of ordinances in conflict herewith are hereby repealed,
and this ordiance shall be in full force and effect from and after its passage, approval and publication
PASSED AND APPROVED this 4th day of December, 1967
APPROVE
ATTEST: DON TRUMBO, MAYOR
GEOR E%J. DPXISV
CIT`YCCLLE`R`K�
1580 The City Manager introduced and, at the request of the Mayor, read a proposed ordinance its entirety
for the first time entitled, "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239, AND REVISED ZONING
DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED MAY 280 1962, TO REZONE CERTAIN REAL ESTATE FROM
A-1 ANNEXED TERRITORY DISTRICT TO R -IA, SINGLE FAMILY RESIDENTIAL DISTRICT."
Director McRerran moved that the aule be suspended and the Ordinance placed on the second reading.
The motion was seconded by Director Swartz and passed unanimously.
The Ordinance was then read for the second time.
The Mayor then declared the Ordinance open for dikussion. After a brief discussion, Director Swartz
moved that the rule be further suspended and the Ordinance placed on the third and final reading.
The motion was seconded by Director Kerlin and passed unanimously.
The Ordinance was then read fbr the third and last time.
The Mayor then asked the questimn, "Shall the Ordinance pass?" Upon roll call the following vote was
recorded, "Aye" Kerlin, Swartz, McFerran, Christie, and VAUMBO. "Nay" None.
There being five "Ayes" and No "Naps", the Mayor declardd the Ordinance passed.
ORDINANCE N0, 1580
AN ORDINANCE AMENDING ZONING ORDINANC' N0, 1239, AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE,
ARKANSAS, APPROVED MAY 28, 19621 TO REZONE CERTAIN REAL ESTATE FROM A-11 ANNEXED TERRITORY DISTRICT TO
R-tA,.SINGLE FAMILY RESIDENTIAL DISTRICT.
WHEREAS, a public hearing was held before the Planning Commission of the City of Fayetteville,
Arkansas on Tuesday, November 21, 1967, on the petition of Whickerbill, Incooporated, requesting
that said Planning Commission recommend to the Board of Directors of the Citv of Fayetteville, Arkansas,
that the Board of Directors enact an Ordinance rezoning the following described property, presently
zoned A=1 Anexed Territory District to R -IA Single Family Residential District, to -wit:
A parcel of land lying in the South # of the Northwest Quarter (NW 1/4), Southwest Quarter (SW 1/4)
of the Northeast Quarter VNE 1/4), Northwest hall of the Southeast Quarter (SE 1/4) of
Section Twelve (12), Township 16 North, Range 30 Nest, being more particularly described
as follows: Beginning at a point S 89 026, E 1000.02 feet from the Northwest corner,
Southwest Quarter (SW 1/4), Northwest Quarter (NW 1/4), Section Twelve (12), Township 16
North, Range 30 West, thence S 89 261 E 1640 feet; thence S•0 9' W 480 -feet; thence
N 89 26, W 450 feet; thence N 0 9' E 1290 feet; thence N 89 261 W 1640 feet; thence n
0 9' E 1330 feet totthe point of beginning.
and
WHEREAS, notice ofsaaid public hearing, setting forth the date, time,place and purposes of said
hearing and location of 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 recommeddation that an ordinance be adopted
rezoning the above-described.property, presently zoned A-1, Annexed Territory District to R4A,
Single Family Residential District.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, AEKANSAS:
SECTION
1.
That
the
above-described property,
which
is presently zoned A-1 Annexed
Territory
District, be
and
the
same
is hereby rezoned to R -IA
Single
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 effect from and after its passage, approval and
publication.
PASSED AND APPROVED this 4th day of December. •1967.
APPROVED:
ATTEST% DON TRUMBO, MAYOR IJP
GEORGE J. D'VIS; CITY CLERK
1581 The City Manager introduced and, at the request of the Mayor, read a proposed ordinance in its
entirety for the first time entitled, "AN ORDINANCE AMENDING CHAPTEf 4, ENTITLED "ANIMALS AND FOWL,"
OF THE FAYETTEVILLE CODE OF ORDINANCES."
Director Swartz moved that the rule be suspended and the Ordinance placed on the second reading.
The motfffin'wasseconded by Director McFerran and passed unanimously.
The -Ordinance gaa"then read for the seconded time.
The Mayor then declared the Ordinance open for discussion. After a brief discussion, Director McFerran
moved that the rule be further suspended and the Ordinance placed on the third and final reading.
The motion was seconded by Director Swartz and passed unanimously.
The•Ordinance�was then read for the third and last.time.
The Mayor thenasked the question, "Shall the Ordinance pass?" Upon roll call the following vote was
recorded, "Aye" Kerlin, Swartz, McFerran, Christie, and Trumbo. "Nay" None.
There being five•"Ayes" and No "Nava", the Mayor declared the Ordinance passed.
ORDINANCE N0. 1581
AN ORDINANCE AMENP,ING CHAPTER 4, ENTITLED "ANIMALS AND FOWL", OF THE FAYETTEVILLE CODE OF ORDINANCES:
WHEREAS, it is deemed advisable -to change the designation of "Humane Officer" to "Animal Control
Officer" and to clarify the manner of appointment of such officer; to change the designation "City Dog
Pound" to "Animal Shelter", and to provide for an increase in the charges for taking up and maintaining
dogs in the Animal 6helter.
Ordinance
Not 1581
(Cont.)
ase Deed
t of
ing Hills
Add'n.
N.W.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS:
SECTION 1. That Section 4-1 of the Fayetteville Code of Ordinances by amended to read as follows:
Sec. 4-1 Animal Control Officer -Generally.
There is hereby created the office of Animal Control Officer. The Animal Control Officer
shall be nominated by the manager, subject to confirmation and approval by the Board
of Directors. The Animal Control Officer this chapter and he shall also perform such
duties that may be delegated tb him by the manager or the Board of Directors.
SECTION 2. That Section4-22 of the Fayetteville (ode of Ordinances is hereby amended to read
as follows:
Sec. 4-22. Impoundment - Generally
It is hereby made the daty4fo-_the.Animal 6ontrol Officer to take into custody any dog
found running at large within the corporate limits of the City in violation of the
terms and provisions of this Article and any dogs habitually displaying vicious
or destructive propensities, and to place the same in the facility hereby designated
as'the "City of Fayetteville Animal Shelter".
SECTION 3. That Sections 4-23, and 4-24 of the Fayetteville Code of Ordinances are hereby amended
by delbting the words "Pound" and "Dog Pound" wherever they appear insaid sections and substituting
therefor the words."Animal Shelter"; and further amended by deleting the'words "Humane Officer"
wherever they appear in said sections and substituting therefor the words "Animal bontrol Officer".
SECTION 4. That Section 4-24 of the.Fayetteville Codd of Ordinances is further amended by
changing the clause "upon payment of the dosts of such taking up, which is ascertained to be fifty cents
(50) for each day such dog has been in the dog pound" to read "upon the payment of the costs of such
taking up, which is ascertained to be one dollar ($1.00) for each day such dog has been in the dog pound:
SECTION 5. That this ordinance shall be in full force and effect from and after its passage,
approval and publication.
PASSED AND APPROVED this 4th day of December, 1967
.
APPROVED:
ATTEST: G92 . 2J DON TRU 0, MAYOR
GEORGE J. DWVISl CITY CLERK
Director Kerlin moved the the City Clerk be and he is hereby .authorized to execute a RELEASE DEED
for Lot one (1). Block'two k2), in Rolling Hills Addition to the City of Fayetteville, Arkansas, as
Per plat of said Addition recorded in the Office of the Circuit Clerk and Ex -officio Recorder of
Wabhington County, Arkansas.
The motion was seconded by Director Swartz and passed unanimously.
Director
Kerlin mored to Reappoint the following
men for a
full 3 year term to the Northwest Arkansas
Regional
Planning Commission as members from the
City of
Fayetteville:
City Manager Gerald G. Fox
Dr. James W. Green, Jr.
Dr. C. Garland Melton, Jr.
The motionwas seconded by Director Swartz and passed unanimously. -
City Ranger presented Administrative Memo #85 recortmiinding a REGIONAL AIRPORT AGREEMENT which was
ad on the minutes and reads as follows:
Administrative Memo #85 November 29, 1967
REGIONAL AIRPORT AGREEMENT '
A final draft of the
proposed Regional airport Agreement has been submitted to Washington and Bentcnn
Counties and the Cities of Fayetteville, Springdale, Bentonville, Siloam Springs, and Rogers for excution
This draft includes all changes which we requested to be made in October and some further changes made
by the 'ity Attorney in working with City Attorneys from other cities and with the Attorney General's
Office: `.''r. Kincaid has reviewed the draft with the Attorney General's office and believes that it is in
a form which will be acceptable to them.
Phe Regional Airport Streering Committee has reviewed the Agreement on November 22 and approved the
draft for submission to the Cities and �'ounties. One substantive change was made from the draft submitted
for their consideration and the draft approved. At the end of paragraph A of Article V. the following
sentence was eliminated from the final draft attached. "While it is anticipated that long range plans
for development of "auxiliary service and facilities" by the Authority may include establishment and
operation of and industrial park in conjunction with the regional airport, it is espressl•y made a conditi<
of this Agreement that prior to the creation or operation.ofnan industrial park, the Authority shall
secure the approval in writing of all parties signatory.hereto."
t was apparently felt that this would in practice eliminate industrial development as a function of the
irport Authority because of the unwieldiness of seeking approval of all seven signatories. Several
embers of.the steering Committee believed that this was an undue restriction on the Authority's activities
f it were responsible to make the most economic use of its properties. I still have reservations as to
he elimination of this section. The authority's primary responsibility and the reason for its creation
s to develop and operate a regional airport.aifpit is to undertake other functions not directly related
o the regionalaAirport operations, it most probably should have to seek this authority from the signatoty
arties. I would therefore suggest that this working might appropriately be reinsefted in the agreement,
ther than with.this reservation, I would recommend approval of the Agreement.
After a long discussion, during which the majority of the Board Members aggeed to accept the recommeddat
of the City Manager as expressed in Memo No.85, The City Manager read a proposed resolution approving
the REGIONAL AIRPORT AGREEMENT, as amended.
Director McFerran moved that the Resolution be adopted approving the Agreement with the Amendment recoma
by the City Manager in Memo No.85 dated November 29, 1967.
The motion was seconded Kerlin and passed unanimously, (Roll call vote as follows: "Ape" Kerlin, Swartz,
McFerran, Christie, and Trumbo. "Nay" None.) Whereupon'the Mayor declared the Resolution adopted.
219
RESOLUTION N0, 19-67
Resolution No. 1947
WHEREAS, there has been duly presented to the Board of Directors of the City of Fayetteville,
Arkansas, an Agreement between the cities of Fayetteville, Springdale, Rogers, Siloam Springs and
' Bentonville, and the counties of Benton And Washing#on, providing for the creation and establishment of
the Northwest Arkansas negional Airport "uthority, a body corporate, under and by virtue of the Autho-
rity'contained in Act 430, 1067 Acts of Arkansas, and,
WHEREAS, the primary purpose of said authority is to construct, own, maintain, and operate a
regonal airport to serve the air transportation needs of the cities and coujties signatory to said
Agreement, and
Regional Ai
Agreement
WHEREAS, after due consideration of sald.Areement, it has been determined by the Board of Directors
of the City of F#yetteville, Arkansas „ that the air transportation facilities to be provided pursuant
to said Agreement are essential to the economic and industrial gadwth of the !ity of F"yetteville,
Arkansas, and to Northwest Arkansas, and necessary for the well being of its citizens in meeting
their_ transportation needs; that inlight of the costs attendant upon providing adequate air transportati
facilities, joint cooperationwftbh the cities and counties signatory to said Agreement pursuant to
Act 430, supra, is the most econimic and feasible means of providing said facilities; and further,
that it is wise, expediant and necessary that said Authority be created in order to providd said
facilities. .
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS:
SECTION 1. That said Agreement providing for the creation and establishment of the Northwest Arkans
Regional Airport Authority, a corporate entity, (a copy of whichAgreement is annexed to this resolution)
is hereby authorized and directed to execute said Agreement in behalf of the City of Fayetteville,
Arkansas.
SECTION 2. That upon approval of said Agreement by the governing bodies of other signatory
parties to said Agreement the duly aprointed members of the Authorits are bereby authorized to proceed
with the organization of said Authority in accordance with the terms of said Agreement.
PASSED AND APPROVED THIS 4th day of December, 196¢.
PPR
1.44 .l.
A copy 6f the Agreement was spread on the minutes and reads as follows:
The parties signatory hereto do hereby create the NORTHWEST ARKANSAS REGIONAL AIRPORT AUTHORITY and
constitute it a body corporate for the purposes and under the terms herein stated, by authority of
the Arkansas General Assembly of 1967.
ARTICLE 1.
The parties to this agreement are the cities of Fayetteville, Springdale, Rogers, Siloam Springs,
and Bemtonville, and the counties of Benton and Washington, and they agree to join cooperatively in
establishing and providing for the operation of the Northwest Arkansas Regional Airport Authority
(herein called "the Authority").
ARTICLE 11,
DURATION
The duration of the Authority shall be perpetual.
ARTICLE 111.
ORGANIZATION
CONSTITUTION. The Authority shall consist of twelve members appointed by the governing bodies
of the several parties as follows:
City
of
Fayetteville
3
Menbers
City
of
Springdale
2
Members
Benton County 2 Members
Washington County 2 Members
City of Bentonville 1 Member
City
of
Rogers
1
Menber
City
of
Siloam Springs
1
Member
TERMS: The terms of the members shall be six (6) years; provided, however, that the initial
members of the Authority shall draw lots to provide for staggered terms as follows;
MEMBERS
6 years 4
F220
4 year 4
2 year 4
REMOVAL: A member of the Authority once qualified shall not be removed during this appointment
except for cause by the governint body which.appointed him and after a hearing beofre said governing
body. Ir
QUALIFICATIONS: An appointee shall be a resident, qualified elector and real estate owner of the
jurisdiction whose governing body appointed him. An appointee shall be eligible for reappointment to
succeed himself.
PAY AND EXPENSES: The members of the Authority shall receive no salary as members or as
officers, but shall be entitled to reimbursement of travel and bther out-of-pocket expenses incurred
on behalf of the Authority and authorized by the Authority.
ARTICLE IV
OFFICERS, MEETINGS AND RULES
OFFICERS: At its organizational meeting and at the first regular meeting of each fiscal year,
the Authority shall elect one of its members as Chairman, one as Vice -Chairman, one as Secretary,
and one as Treasurer. The offices of Secretary and Treasurer may be held by one person at the
discretion of the Authority. "hese officers shall compose the Executive Committee of The Authority,
MEETINGS: The Authority shall meet not less than quarterly at datea,times, and places to be
established by the Authority. All meetings may be open to the public as provided by State law.
Meetings may be called by the Secretary at the direction of the Chairman, or at the direction of
a majority of the Authority.
RULES: Seven (7) members shall constitute a quorum and no vacancy in the membership of the
Authority shall restrict the rights of a quorum to exercise all the rights and privileges or the
duties of the Authority. The Authority may create such committees as it deems necessary for the
proper exercise of its functions. The luthoritysshall adopt rules for the transaction of business,
and shall keep a complete record of its activities and business, which shall be a public record.
No member of the Authority or any officer, employee or agent of the Authority shall have a personal
interest in any business of the Authority or in any contract with the Authority, or in any property or
other assets in which the Authorityis interested. No person shall be employed by the Authority who
is related to a member or officer of the Authority by blood or marriage within the fourth degree. For
purposes of this provision, an# corporation or other business in which a person has a substantial
interest shall be prohibited fromddoing business with the Authority if the Owner of the substantial
interest would have been so prohibited.
ARTICLE V.
PURPOSES, POWERS AND DUTIES
A. The purpose of the Authority shall be to construct, own, maintajn, and operate a regional
airport, and such auxiliary services and facilities as may be deemed disirable from time to time by
Board of Directors of the Authority. "Auxiliary services and facilities" shall mean any service of'
facility necessary or desirable for the take -off, landing, parking, and storing of aircraft; the
transportation by air of persons and things; the repair and maintenance of aircraft; the loading,
unloading handling and storing of goods, commodities, cargo, and other property; the ground
transportation to, on and from the airport or airports of the Authority; the promotion of air,saftev;
the development of the industrial potential and service to the economic interests of the trade area
to be served by the Authority; and to insure participation of this Authority in natural programs of
air transportation. Such services and facilities may be located on the property of the Authority of
by arrangement at any other location. While it is anticipated that long range plans for development of
"auxiliary ser4ices and facilities" by the Abthority may include establishment and operation of and
industrial park in conjunction with the regional airport, it is expressly made a condition of this
Agreement that prior to the creation or operation of an industrial park, the Authority shall secure the
approval in writing of all parties signatory hereto.
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B. The Board of Directors of the Authority shallppeppaee annually and submit to the governing
bodies of the signatory parties, for their approval, a budget showing the estimated revenues whigh
' the Authority may reasonably expect to receive for such year, and its estimated expenses for all
p purposes for such period. After approval of such budget by the signatories to this Agreement, the
0 Authority shall be limited in its expenditures for such ,year to the estimated expenses shown
therein, and the participating signatory parties shall not be committed to the Authority beyond the
appropriations actually made by the signatory parties, If, as',ief-ledtedrirn theitbudget approval by
the signatory parties, the estimated expenditures exceed the estimated revenue from the operation of
the Authority for such year, the governing bodies of the signatories shall appropriate in the
proportions in which they are financially interested in the operationsodf the Authority the funds neces
to supply the deficiency refledted by said budget. The proportions in which they are financially
interested shall be determined by a separate financing agreement to be presented to the parties
signatory hereto for approval and when same, has been.approved it shall become an dddendum to this
Agreement. If the actual revenue received shall be less than the estimated revenue as approved bytthe
budget, the governing bodies of the participating signatories may appropriate in the same manner the
funds necessary to supply the deficency• The %thority may expend any and all funds received from the
' signatory parties and any and all revenues derived. from the airport or derived from revenue producing
operations of the Authority for the expenditures approved by the budget. The budget shallbe submitted
} each year to the governing bodies of the signatories at such time as will allow the budget to be
considered as a part of the normal budgeting process of the signatory parties; and, this procedure
shall be followed each ,year even though no appropriations are requested from the signatory parties.
The Authority shall also file annually with the signatory parties a copy of the annual audit report.
C. The Authority, acting through its duly constituted. Board of Directors, in addition to other
powers and duties elsewhere conferred and imposed, shall have the following powers and duties, to -wit:
1. T3 sue and be sued; to adopt a seal and alter the same atwidll; to have perpetual
succession; and to make and exducte contracts and other instruments and documents
necessary or convenient to the exercise of its powers; but nothing herein shall
be construed as a waiver of governmental imminity from suit in tort.
2. Toemploy an airport manager and such other employees, agents, and technical experts
' as the Board may deem necessary and to fic compensation, duties and qualifications
of same.
3. TopjAan, establish, develop, construct, enlarge, improve„ maintain, equip, operate
and regulate its airport ea airports and auxiliary services and facilities, and
to establish minimum building codes and regulations and to protect andppolice the
airport or airports of. the Authority, in cooperation with theyddilly constituted law
l enforcement agencies and officers having jurisdiction intthe area where the facility
or facilities of the.Authority are located.
4. Tb accept gifts, grants and loans from any individuals (s), group (s), firm (s), of
corporations �s),•thb State of Arkansas, or any political subdivision thereof, or
from the United States or any of its agencies.
55. To purchase, lease and sell real or personal property, supplies, goods and materials, and
to furnish and supply services and utilities as and:incident to the operation of its properties.
6. To ,construct, install, maintain and operate facilities for air navigation,.air safety,
' servicing ofaaitragHtpaand`.forrthe accommodation°ofecargo;,,freighty *mal�,andeoEher.�iproperty, and for
the comfort of air travelers, and to pruchase and sell equipment and supplies incidental to the
operation of its airport facilities,.
7. To determine rates and charges for the use of its airports and other facilities,
8. To enforce all rules, regulations and statutes relating to its airport, including airport
zoning regulations, and in this connection the Authority is hereby empowered and authorized to exercise
the powers and privileges of the signatory parties under Act 116 of 194,1, and the Board of Dir etcr§
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of the Authority is hereby designated by the signatory parties as the zoning board for. the purposes and
powers under said Act.
9. Toexercise within its air trade area such powers and authority with respect to airport and air ,
navigation facilities of the'Authority as may be conferred by law now or hereafter from time to time
upon the governing bodies of the signatories of this agreement'. and in this connection to have the
power to exercise on behalf of the signatories the right of eminent domain under Act 39 of 1949 and
Act 688 of 1963.
10. ToeBggage directly or through its agents or employees, intthe operation forprofit, of
concessions in connection with the airport or other facilities, including the sale of airplanes and
aircraft fuel, or to grant such privileges and concessions to others.
11. To comply with the provisions oftthe laws of the United States and any rules and regulations
made thereunder fortthe expenditure of federal money incoonnection with airport, landing fields, and
air navigation facilities, and to accept, receive, and receipt for federal money granted or loaned the
Authority or granted or loaned any of the parties signatory to this agreement for airport purposes.
12. To enter into contracts, leases and other arrangements with any petsons granting the privilege
of using the airport of any portion thereof or space therein for commercial purposes; conferring the
privileges of supplying goods, commodities, things, services or facilities at such airport or making ,
available services to.be furnished by the Authority or its agents at such airport; to levy and collect
a tax on aviation fuel so&d ataan airport or airports of the Authority as is provided in Act 159 of 1965.
13. To borrow money and to issue bonds, notes, certificates or other evidence of indebtedness of
the Authority, and give any security therefor which it may deeip necessary and advisable incoonnection
with carrying out its purposes as hereinabove mentioned; to contract with anypperson, firm, corporation
or public agency for the planning, supervision, financing and construction of all structures or improve-
ments which in the judgmant of the Board of.Directors are useful, desirable or covenient in efficiently
operating the airport and auxiliary services thereto. .
No obligation incurred by the Authority pursuant to this agreement shall give an#vright against any
signatory to this agreement or against any member of the governing body of the parties signatory
hereto, or against any member of the Board of Directors of the Authority. The rights of orditors oftbhe
Authority shall be solely against the Authority as a corporate body and shall be satisfied only out of
property held by it -in its corporate capacity. '
14. To constitute the Board or any committee thereof as improvemnnt.district commissioners.
15. To promilgate, adopt and enforce appropriate height regulations based upon FHA requirements to
prevent hazards and obstructions which may interfere with thetlhanding or take off of aircraft within
the authority and contiguous areas within the jurisdiction of the signatories.
16. To receive foom any parties signatory any airport, landing field, or other facilities, and
thereafter to operate andmaintain same upon such terms, conditions, and consideration as may be mutually
agreed upon between such parties signatory andthhe Authority, and in connection therewith to assume obli
gations of such parties signatory in connection with such airport, landing field or.other facility to
third parties as may be mutually agreed upon by the parties�sizgnatory and the Authority. Provided, that
prior to receipt by the Authority from any party signatory hereto ofadpy such airport, landing field,
or bbher facilities, and prior to the Authority's entry into any agreement withreapect thereto, the
Authority shall submit such agreement 1'to.zall_'parties signatory hereto for approval.
17. To ecercise all other powers or duties not expressly provided herein, but .permitted by the laws
of the State ofArkansas, and necessary or desirable to accomplich the purposes of the Authority. '
18. To employ an attorney to represent the Authority.
ARTICLE VI.:
FINANCING
The cost of planning andasgquiring, establishing, developing, constructing,enlarging, improving,
or equipping an airport or airports or facilities on the site thereof, including buildings and other
facilities incidental to the operation thereof, and the acquisition or elimination of airport
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may be funded in any manner not inconsistent with the Arkansas Constitution and in accordance with
laws'eaactea thereunder, including bht not limited to the essuance ofbbonds, borrowing money,
allocations of bther available funds from the minicipalities and counties signatory hereto, formation of•
a two county improvement district, one or more minicipal improvement district,emcdmpassing the two
county areq,00r such other improvement district or districts as may now or hereafter be authorized by 1
revenueefdenived from the operationoof airport and facilities, revenue from leases and contracts
granting privileges of use of the airport and facilities, revenue from the contract conferring the
privilege of supplying goods, commodities, service or facilities at the airport, revenue from aviation
gasoline taxes, gifts and grants. Financing of operations andmaintenance shall be fvom revenue from
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any and all of the foregoing sources except bond issues. The final plan for financing the construction
of the improvements contemplated by this agreement shall be in the form of a supplemental agreement
which most be presented to the parties signatory bereto for approval and when same shall have been
approved by all parties hereto shall become an addendum to this agreement. The proportions inwkhich
the parties signatory hereto are financially interested in the operations of the authority shall also
set forth in said supplemental -agreement.
ARTICLE :VII.
AMENDMENT
This agreement may be modified or amended in the same manner as this agreement was adopted.
ARTICLE VIII.
TERMINATION
TKIS agreement shall continue in full force and effect; and, from and after the initial financial
commitment of the Authority for construction of the Airport, this agreement may not be terminated by
any party until the expiration of the period of -such financial commitment. Any party desiring to
terminate this agreement after aforesaid period may withdraw, providing thatsaid party shall continue
to be obligated to pay its proportionate share of any long-term debt, -specifically authorized by the
parties to this agreement and incurred btr, the Authority prior thereto. .
If the Authority shall be dissolved or forany reason the Authority shall cease to function, the
properties and assbts of the Authority shabi be liquidated anddistributed to the minicipalities and
counties signatory hereto in direct proportion to the funds contributed tontA9=Authority_by:.aaid�r-
minicipalities and counties.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in their
respective behalffs as of the 4th day of December, 1967.
ATTESJ�7�
George J. Davis, City Clerk
CITY OF FAYETTTEVuwv�
ILLE,, ARKANSAS
By: y
Don Trumbo, Mayor
The City Manager reported that the lease on the Parking lot located immediately West of the City
Administration Building had expired and that the owner, Mrs. Silverman, had requested the sum of
$750.00 per ,yeaf for a 5 year less instead of $300.00 as in former years. He recommended the lot be
leased again as a parking lot for the City Employes.
Director McF.erran moved that the City Manager be and he is hereby authorized to execute a Lease
Agreement for the Parking Lot owner by Mrs. Silverman and located immediately West of the City
Administration Building for a term of 5 year at $750.00 per year.
The motion was seconded by Director Swartz and passed unanimously.
There being no further business, Lirector McFerran moved to adjourn.
The=otion was seconded by Director Kerlin and passed unanimously, whereupon the Mayor declared the
meeting adjoundd.
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APPROVED
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