HomeMy WebLinkAbout1968-08-19 MinutesRegular Meetin,
T.J.Keithl news
Reporter for
N.W.Times; also
present.)
Ordinance
1
Authorized F
Contracts i
James Vizz9
' Arkansas
Commi
1618
th
sion
The Board of Directors of the City of Fayetteville, Arkansgs, met in regular session on Monday,
1968, in the Directors Room in the City Administration Building at 7:30 P. M. CDST.
Present: City Manager Gerald G. Fox, City Clerk George J. Davis, City Attorney Hugh Kincaid, and
Kerlin, McFerran, Melton, Christie, Trumbo, and Dunn.
Absent: Director Sylvia Swartz,
2991
August 1
Dire
The minutes of the regular meeting on Monday, August 5, 1968, a copy of which had previously been mailed
to each of the Directors, were approved as written.
The City Manager presented the petition of Commonwealth R -F Corporation to rezone certain property on
Highway No. 62, West, from A-1 Annexed Territory District to C-2 Thoroughfare Commercial District, which
had been approved by the Planning Commission.
The City Manager then introduced and, at the request of the Mayor, read a proposed ordinance in its
entirety for the first time entitled, nAN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239, AND REVISED
ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED MAY 289 1962,AS AMENDED, TO REZONE CERTAIN REAL
ESTATE FROM A-1 ANNEXED TERRITORY DISTRICT TO C-2 THOROUGHFARE COMMERCIAL DISTRICT"'.
Director Melton moved that the rule be suspended and that the Ordinance be placed on the second reading.
The motion was seconded by Director Kerlin and passed unanimously.
The Ordinance was then read for the second time.
Director Melton then moved that the rule be further suspended and that the Ordinance be 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 declared the Ordinance open for discussion. There being no discussion, the Mayor asked the
question, "Shall the Ordinance pass?" Upon roll Gall the following vote was recorded, "A•ye" Kerlin,
McFerran, Melton, Christie, Trumbo, and Dunn. "Nay" None.
There being Six "Ayes" and No "Nays", the Mayor declared the Ordinance passed.
ORDINANCE N0. 1618
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239, AND REVISED ZONING DISTRICT MAP OF' FAYETTEVILLE,
ARKANSAS, APPROVED MAY 28, 1962, AS AMENDED, TO REZONE CERTAIN REAL ESTATE FROM A-1 ANNEXED TERRITORY
DISTRICT TO C-2 THOROUGHFARE COMMERCIAL DISTRICT.
WHEREAS, a public hearing was held before the Planning Commis"ion'of the City of Fayetteville, Arkansas,
on August 2, 1968, on the petition of Commonwealth R -F Corporation requesting that said Planning Com-
mission 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 Annexed
Territory District to C-2 Thoroughfard Commercial District, to -wit:
A part of the East half of Section 19, Township 16 North Range Thirty (30)'West, Washington
County, Arkansas, described as beginning at a point which is 445.7 feet South of the
Northwest corner of the Southwest Quarter of the Northeast Quarter of Section 19, Township 16
North Range 30 West, along the West line of the East half of said Section; thence North 70
degrees 01 minutes East along the South right of way of U. S. Highwav'No. 62 a distance of
187.0 feet, thence North 69 degrees 01 minutes East, along the South right of'way of U. S.
Highway 62, a distance of 834.7 feet; thence South 5 degrees 34 minutes East 1,110.52 feet;
thence West 119.0 feet; thence South 139.77 feet, thence South 80 degrees 54 minutes 43 seconds
West 957.52 feet; thence North along the West side of the East half of Section Nineteen, (19),
a distance of 1,033.47 feetto the point of beginning, containing 25.83 acres, more or less.
and,
WHEREAS, notice of said public hearing, setting forth the date, time, place and purposes of said hearing
and location of property was published in the Northwest Arkansas Timers, a newspaper of general circulatj
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 a dopted rezoning the
above-described property which is presently zoned A-1 Annexed Territory District to C-2 Thoroughfard
Commercial 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 A-1 Annexed Territory District,
be and the
same
hereby is rezoned to
C-2 Thoroughfare
Commercial
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 aid publication.
PASSED AND APPROVED THIS 4j day of45tts,yi`, 1968
APPROVED:
DON TRUMBO, MAYOR
ATTEST:
GEORGE JDA S, CITY CLERK
The city manager presented a proposed contract of planning between the City and the Arkansas Planning
Commission; also a proposed contract between the City and the Planning Consultant, James A. Vizzier
and recommended the approval of each.
After a brief discussion Director Melton moved to approve the Planning contracts as presented by the
city manager and that the'mavor and the City Clerk be and they are hereby authorized to execute both
contracts.
The motion was seconded by Director McFerran and passed unanimously.
Both Contracts were spread on the minutes and read as follows:
(see next page)
300
mmission
Contract
URBAN PLANNING CONTRACT
BETWEEN THE
CITY OF FAYETTEVILLE, ARKANSAS
AND THE
ARKANSAS PLANNING COMMISSION
Project
No:
Ark
P-91
Contract
No.
Ark
P-911
This Contract, by and between the City of Fayetteville, Arkansas (herein called the "City"), and the
Arkansas Planning Commission (herein called the "Planning Agency")' Witnesseth:
In consideration of the mutual covenants, promises, and representations contained herein, the parties
do agree ms follows:
SECTION 1. Purpose of Contract' -- The purpose of this Contract is to provide for the execution of a
Project by the Planning Agency with Federal and local financial assistance and to state the terms and
conditions upon which the Planning Agency will provide services and the understandings of the parties
as to the manner inohich the project will be undertaken and completed.
SECTION 2. The Project -- The Planning Agency shallassist the City in further development of its com-
prehensive planning program by undertaking studies and preparing plans for public utilities and commun
facilities and in the preparation of a public impvovments program and capital budget. The planning
work to be undertaken for the project is detailed in Section 6.
SECTION 3. Planning Area — The planning area for which planning work shall be undertaken shall inclu
the corporate and a djacent area as indicated on Map A which is attached and hereby incorporated by ref-
erence as a part of this Contract.
SECTION 4. Value of Services -- The value of services to be nr eformed under this Contract by the Planni
Agency for the City is not to exceed $9,000.00.
SECTION 5• Com ensatn to PlanningAgency =- The City shall pay the Planning Agency upon execution of
this Contract the sum oicf 3,071.00 as its portion of cost for the services to be performed under this
Contract, such funds along with other funds shall be applied by the Planning Agency for services of
consultant on a ratio of 1/3 City funds and 2/3 other funds. Any funds not expended in this manner sh
be prorated in refund'to City in like ratio.
SECTION 6. Planning Work to be Undertaken -- The planning work below is to be accomplished under
by James A. Vizzier, City Planners, Fayetteville, Arkansas (herein called the "Consultant").
A. Planning Period =- The planning period for the planning work to be accomplished ends in 1975. Pop-
ulation.and economic projections from the Community Renewal Program and projected land use needs
from Project No: Ark P-61 shall be utilized in the preparation of plans and the public improvements
program.
B. Public Utilities - Survey and Analysis
1. Water Supply and Distribution System
a. Collect the drawings and plans for the various part of the water system for mapping, and
analvze the existing water system bhowing sources, treatment facilities, distribution
lines, capacities and service areas.
b. List general standards and criteria for improving and extending water service.
c. List present deficiencies and estimate future demand based on projections for the planning
period.
2. Sanitary Sewerage System
a. Collect the drawings and plans for the various parts of the sewer system for mapping, and
analyze the present system for disposing of sanitary sewerage, treatment facilities,
collection mains, capacities and service areas.
b. List general standards for improving and extending the facilities.
c. List deficiencies in the present system and project future needs for the planning period.
3. Storm Drainage System
a. Study, map and analyze water sheds and sirface drainage in the planning area. Estimate
rund6f and capacity of existing facilities.
b. Develop general standards for improving surface drainage.
c. List deficiencies and estimate future needs for drainage.
C. Community Facilities - Survey a nd Analysis
1. Schools '
a. Survey and analyze Fayetteville School plant to determine the condition of buildings and
facilities.
b. Develop general standards and criteria for improving and expanding the school plant.
c. List present deficiencies and estimate future needs d'dr school facilities for the planning
period.
2. Parks, Playground and Recreation
a. SurvAy and analyze existing public buildings, lands, lakes, services and recreational
facilities.
b. Establish standards for improving and expanding lands and facilities.
c. Estimate the need for replacing, improving, expanding, and constructing these facilities
for the planning period.
D. Public Improvement Program and Capital Budget
1. Make list of each improvement called for on the plans for land use, streets, and community
facilities.
2. Estimate the cost for building, maintaining, operating, replacing or impvoving each facility
called for on the plans and list possible sources for funds.
3. Studv the existing financial structure of the local rublic agencies including revenues, debts,
maintenance costs and operating budgets.
4. Project the expected revenues,debts and obligations of these agencies showing the funds
available for future maintenance, operation, and capital improvements for the first five years
of the planning period.
3011
Arkansas Planning Commission Contract (Continued
Approximate sizes will be proposed for the trunk drainage structures to serve the areas of
new development.
The Plans for water, sewer and surface drainage systems will be consistent with short and
long-range and area -wide plans for water sewer and drainage systems being developed by the
Northwest Arkansas Regional Planning Commission in cooperation with Beaver Water District,
the State Pollution Control Board, the State Board of Health, the Soil Conservation Service
and the Corps of Engineers.
F. Community Facilities Plan
1. Schools
a. Make recommendations for replacing, improving and enlarging the school plant based on pro-
jections of population growth and land use.
2 2. Parks, Playground and Recreation
a. Prepare a plan for public lands and facilities needed during the planning period to be used
as a guide for programming an urban beautification program, neighborhood facilities and
open space requirements.
b. Coordinate the plans for the appropriate planning units with the plans being prepared by
the University of Arkansas for its campus.
c. Prepare an interim report of findings, data, analysis and plans.
G. Public Improvements Program
1. Make a priority list of capital improvements for the planning period ranking improvements
according to need.
2. Prepare a detailed improvements budget for the first 5 years of the planning period.
3. Prepare a report containing basic data, findings and conclusions.
4. Prepare graphs, tables and other graphic aids to explain the program to city officials and the
public.
SECTION 7 - Personnel and Services to be Provided bIT rianning Agency
A. The Planning Agency shall contract with the Consultant to accomplish the planning work to be under-
taken as set forth in Section 6. the consultant shall assign a Planner -in -Charge acceptable to the
Planning Agency and the City, who shall be responsible for accomplishing the planning work to be
undertaken.
B. The Planning Agency shall assign a Supervisory Planner to review the work items to determine
satisfactory fulfillment of the contractual obligations of the Consultant. the Supervisory Planner
shall attend at least one regular meeting of the City Planning Commission each cAlendar quarter at
which the Consultant is represented by its Planner -in -Charge during the project period.
E. Public Utilities Plan
Responsibilities of
the City and the
City Planning
Commission
Arkansas Planning
1. Water Supply and Distribution
System
Commission Contract
a.- Using projections
of population growth and land use, update the
general
plan for
improvement
(Continued)
The City shall furnish at no charge to the Consultant such maps, aerial photographs and other
and expansion of
the water wstem reconciling it with the land use
plan.
information as in possession of the City that willassist with the planning work to be undertaken.
C.
Approximate sizes
will be proposed for the trunk water lines to
serve the
areas of new
purpose and function of planning and of thestatus of the planning work being undertaken.
development.
D.
The City Planning Commission shall review the propsed plans and regulat6ry measures for -the purpose
of suggesting changes thereto. Whenever presented a completed preliminary draft of a plan, regulat
2. Sanitary Sewerage System
measure, report, etc., the City Planning Commission shall within 60 days advise in writing as to
a. Using projections
of population growth and land use, update the
general
plan for
improving
and expanding the
sewerage system reconciling it with the land
use plan.
E.
The City Planning Commission shall have the Board of Directors, City Manager, and City Attorney
Approximate sizes
will be proposed for the sewer lines to serve
the areas
of new
development,
the required public hearings.
3. Storm Drainage System
F.
••
a. Prepare a general
plan for surface drainage improvements based
on plans
for land
use and
traffic.
A.
Reports. he Consultant shall publish a report or reports containing the information, plans and
Approximate sizes will be proposed for the trunk drainage structures to serve the areas of
new development.
The Plans for water, sewer and surface drainage systems will be consistent with short and
long-range and area -wide plans for water sewer and drainage systems being developed by the
Northwest Arkansas Regional Planning Commission in cooperation with Beaver Water District,
the State Pollution Control Board, the State Board of Health, the Soil Conservation Service
and the Corps of Engineers.
F. Community Facilities Plan
1. Schools
a. Make recommendations for replacing, improving and enlarging the school plant based on pro-
jections of population growth and land use.
2 2. Parks, Playground and Recreation
a. Prepare a plan for public lands and facilities needed during the planning period to be used
as a guide for programming an urban beautification program, neighborhood facilities and
open space requirements.
b. Coordinate the plans for the appropriate planning units with the plans being prepared by
the University of Arkansas for its campus.
c. Prepare an interim report of findings, data, analysis and plans.
G. Public Improvements Program
1. Make a priority list of capital improvements for the planning period ranking improvements
according to need.
2. Prepare a detailed improvements budget for the first 5 years of the planning period.
3. Prepare a report containing basic data, findings and conclusions.
4. Prepare graphs, tables and other graphic aids to explain the program to city officials and the
public.
SECTION 7 - Personnel and Services to be Provided bIT rianning Agency
A. The Planning Agency shall contract with the Consultant to accomplish the planning work to be under-
taken as set forth in Section 6. the consultant shall assign a Planner -in -Charge acceptable to the
Planning Agency and the City, who shall be responsible for accomplishing the planning work to be
undertaken.
B. The Planning Agency shall assign a Supervisory Planner to review the work items to determine
satisfactory fulfillment of the contractual obligations of the Consultant. the Supervisory Planner
shall attend at least one regular meeting of the City Planning Commission each cAlendar quarter at
which the Consultant is represented by its Planner -in -Charge during the project period.
.SECTION 8.
Responsibilities of
the City and the
City Planning
Commission
A.
The City designates the City Planning Commission as its agent for the purpose of this Contract,
and hereby agrees that the performance required herein of the Planning Agency be rendered to the
City Planning Commission and that this performance shall staisfv the City.
B.
The City shall furnish at no charge to the Consultant such maps, aerial photographs and other
information as in possession of the City that willassist with the planning work to be undertaken.
C.
The City Planning Commission shall advise the City Board of Directors and the general public of the
purpose and function of planning and of thestatus of the planning work being undertaken.
D.
The City Planning Commission shall review the propsed plans and regulat6ry measures for -the purpose
of suggesting changes thereto. Whenever presented a completed preliminary draft of a plan, regulat
measure, report, etc., the City Planning Commission shall within 60 days advise in writing as to
whether the preliminary draft is acceptable. Failure to ddvise within 60 days shall mean that the
item is acceptable and shall be considered as the final item and the Consultant.has no further
performance obligation pertaining to said item.
E.
The City Planning Commission shall have the Board of Directors, City Manager, and City Attorney
review plan documents and implementing measures as to substance and form, -prior to the conduct of
the required public hearings.
F.
The City Planning Commission shall be responsible for the conduct of public hearings on plans and
regulations and their presentation to the City Board of Directors.
SECTION 9. Items to be Provided by Consultant
A.
Reports. he Consultant shall publish a report or reports containing the information, plans and
programs as set forth in Section 6 paragraphs B through G.
B.
The Consultant shall provide the City with the following number of copies of the following items:
Rerorts including Capital
Improvements Program
Work Outline •10 copies
Preliminary Drafts 48 copies
Final drafts 145 copies
C.
Upon completion of the project, the Consultant shall provide the City Planning Commission three
sets of prints of all reproducible maps prepared during the project at original scale which are not
included in published reports at original or reduced scale.
D.
All maps and text documents to which the City is entitled under this Contract shall be delivered
;
to the City Planning Commission unless otherwise directed by the City.
SECTION 10. Project Period -- The project period commences September 1, 1962 and terminates May 29,
1969. 1 1
302
SECTION 11. Termination of Contract by City -- The City may terminate this Contract upon 30 days advar
notice in writing to the Planning Agency. Should this Contract be terminated at the request of the City,
the City shall compensate the Planning Agency for all expenses incurred through performance of this
Contract that are not allowed under the provisions of the urban planning grant made to the Planning
Agency by the Department of Housing and Urban Development. The Planning Agency, after completion of
audit by the Department of Housing and Urban Development will return to the City its prorated share of
the unexpended funds, based upon 1/3 to City and 2/3 to other agencies.
SECTION 12. Space -- 'he City shall provide the Consultant without charge such space as may be necess-
ary to accomplish planning work that cannoth normally be accomplished in the Consultant's own office,
l
SECTION 13. Amendment and Modification of Contract --
A:. This Contract is subject tb amendment only with the joint approval of the City and_Planning Agency.
Be Any modification to Section 6, Planning Work to be Undertaken, must also be approved by the
Department of Housing and Urban Development.
SECTION 14.
War Clause --
In the event of war, of declaration or proclamation of a
national emergency
arising out of a threat of
war or hostilities, the Planning Agency may, upon written
notice to the City,
terminate or
suspend its obligations, in whole or in part, under this Contractas of
such date as may be
set forth in
such notice.
In the event of such termination, the Planning Agency, after completion of
audit by the
Department of
Housing and Urban Development will rettrn to the City its
prorated share of
the unexpended funds.
SECTION 15• Counterparts 6f the Contract -- This Contract may be executed in three counterparts,
each of which shall be deemed to be an original, and such counterparts shall constitute one and the
same instrument.
IN WITNESS WHEREOF,
the
City has caused
this
Contract to be
duly executed
in its behalf;
and, therefore,
the Planning Agency
has
caused the same
to be
duly executed
in its behalf
this 19th day
of August, 1968.
ATTEST:
_..:r:
elt*Tlerk
,488; *
CONTRACT
CITY OF FAYETTEVILLE
By:4C4�&
Mayor
ARKANSAS PLANNING COMKIISSION
By:
Executive Director
THIS AGREEMENT entered into this 19th day of August, 1968, by and between the City of Fgvetteville,
Arkansas, (hereinafter called the "City") and J. A. Vizzier, Planning Consultant, (Hereinafter called
the "Contractor"), WITNESSETH:
WHEREAS, the City desires to engage the Contractor to render certain technical or professional services
in.the preparation of certain planning studies which supplement other planning services to be performed
by the Contractor pursuant to a contract between the Contractor and the Arkansas Planning Commission
in behalf of the City of Fayetteville, Arkansas, in connection with Urban Planning Project No. Ark. P-91;
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. HIRING OF CONTRACTOR. The city does hereby hire and engage the Contractor, and the Contractor
hereby agrees to perform the planning services hereinafter set forth.
2• PLANNING AREA. The planning area for which the planning servies shall be undertaken shall include
the corporate and adjacent areas as indicated on Map A which is attached and hereby incorporated.
by reference as a part of this Contract.
3. SCOPE OF SERVICES. The Contractor shall do, perform and carry out in a satisfactory and.proper
manner the following services.
A. Basic Studies.
1. Planning Unit Study
a. Divide the City and planning area into planning units using data on land use and physical
conditions from field studies along with blight and social conditions mapped under the
Community Renewal Program.
(1).. Hap the existing conditions by planning unit using population data, environmental
conditions, land use, structure data, street inventory and traffic volumes,
(2). Analyze each unti according to standards for land use, 'streets, and community facilitif
and the norms of the Community Renewal Program.
Be Comprehensive Plan Element.
1. Planning Unit Study
a. Prepare sketch plans for preservation, rehabilitation, development.or redevelopment of
each unti with special attention to areas of intensive use such as the central business
district and the area around the University of Arkansas.
b. Coordinate the plans for the appropriate planning units with the plans being prepared by
the University of Arkansas for its campus.
c. Prepare an interim report of findings, data, analysis and plans.
4. DATA TO BE FURNISHED TO CONTRACTOR. The City shall furnish at no charge to the Contractor such maps;
aerial photographs ans other informationsas in the possession of the City that will assist with the
planning work to be undertaken.
5• TIME OF PERFORMANCE. The services of the Contractor are to commence as soon as practicable after the
execution of this Contract and shall be completed within 270 days from the date of this, Contract.
6. COMPENSATION. The City agrees to pay the Contractor the total sum of $1.00 for the services called
for by this Contract, upon satisfactory completion of same.
7. ITEMS TO BE PROVIDED TO CITY BY CONTRACTOR.
A. Reports. The Contractor shall furnish a report or reports containing the information, plans
and programs ass=t forth in Paragraph 3 (Scone of Services).
Be The Contractor shall provide the City with the following number of copies of the following
items:
Reports
Work Outlines
Preliminary Drafts
Final Drafts
12 conies
50 copies
150 conies
Ll
Planning Contr
James Vizzier
(Continued)
3031
C. All maps and text documents to which the City is entitled under this Contract shall be delivered
to the City Planning Commission unless otherwise directed by the City.
D. All maps and text documents prepared by the Contractor on materials suitable for further repor-
duction shall become the property of and delivered to the City upon completion of the project.
IN WITNESS WHEREOF, the City and the Contractor have executed this agreement in duplicate original as
of the date first herein above written.
CITY OF FAYETTEVILLE, ARKANSAS
a municipal corporation
By b `/ \/e Yl C UC u -,v
DON TRUMBO, MAYOR
CONTRACTOR
By
J. A. VIZZIER
Planning Consultant
The City Manager presented Administrative Memo #117 discussing:Fixed Base Operator Lease For Drake
Memo No. 117 Field, toThiashasciin reference to Administrative Memo #115 , spread on page 294 of Book H, CITY
(Referring to COUNCIL PROCEED(JRE and discussed at the last regular meeting on Monday, August 5, 1968.)
Memo No. 115, Administrative Memo #117 was spread on the minutes and reads as follows.
Page 294)
FIXED BASE OPERATOR - DRAKE FIELD
A the August 4, 1968 meeting of the City Board preliminary discussion was entered into an a proposed
fixed base operator's lease at Drake Field. You will recall that we already have a Fixed Base Operator
license agreement at Drake Field with Ray Ellis d/b/a Fayetteville Flying Service. The proposal out-
lined in Administrative Memo #115 was submitted by Noark Commander Aviation, Inc. for lease of four (4)
acres south and west of the present terminal area. At this meeting, you postponed action and requested
further information.
As far as general aviation activity in Northwest Arkansas and Drake Field is concerned, information is
very scanty. The Regional Planning Commission has recently accepted Burns-Mctlonnell's initial report
on the Regional Airport Study. Included in this report was a section on General Aviation. I am
attaching pertinent pages of this report to the memorandum. You will note projections for General
Aviation to 1990 at the Regional Air^ort and other existing airports on pages V-20, 21, 22 and Figures
4 and 5. We know that General Aviation has been growing at drake Field, and, based on Burns -McDonnell
projections and assumptions, they will continue to grow in spite of a Regional Airport.
I have surveyed some nine cities in Arkansas and Missouri as to fixed base operations at their airports.
You will note some larger cities and sogte sm_albercities thansFayetteville. Results on number of
Fixed Base Operators licensed at various airports are as follows:
City No. of F.B.O. on Airport
Hot Springs, Arkansas .2
E1 Dorado, Arkansas 6
Fort Smith, Arkansas 2-4
Jonesboro, Arkansas 1
Pine Bluff, Arkansas 2
Springfield, Missouri 3
Columbia, Dissouri 2
Joplin, Missouri 2
Little Rock, Arkansas 4
Fayetteville, Arkansas 1
As far as gasoline sales are concerned, our license agreement excludes allsales from the local $0.01
tax to commercial airlines. The general aviation gas sold by Fayetteville Flying Service has remained
somewhat stable during the past few years. We do not yet have any payments in 1968 to reflect whether
there was an increase in gas sales from 1967.
If the Board considers another Fixed Base Operator for Drake Field,.I would recommend a lease agreement
with terms as outlined in Administrative Memo #115. I would further recommend the addition of the
following:
(1) Facilities and/or property could not be subleased during term of agreement without prior approval
of City.
(2) The Fixed Base Operator shall pay the City a minimum payment of $150 per month beginning not later
than six months after execution of agreement, but sooner if facilities occupied and operated prior
to that time. The minimum chafge should be deducted from the total of other payments required.
Such a fixed base operator's agreement could be prepared for your approval on September 3, 1968.
Authorized preparation Director McFerran moved that the City Attorney and City Manager be and they are here by authorized
of Fixed Air Base to prepare both contracts i. e. Fayetteville Flying Service ( Ray Ellis) and for Noaek Commander
Operator Contracts. Aviation Inc.
The motion was seconded by Director Melton and passed unanimously.
1
r —
304
No. 1 1619
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 TO AMEND CHAPTER 10 OF THE FAYETTEVILLE CODE OF ORDINANCES,
ENTITLED "GARBAGE AND TRASH", IN ORDER TO CLARIFY THE ORGANIZATIONAL STRUCTURE OF THE SANITATION DEPARTME
TO CLARIFY AND AMEND DEFINITIONS UNDER SAID CHAPTER; TO CLARIFY PROCEDURES AND REQUIREMENTS CONCERNING TH.
MAINTENANCE AND LOCATION OF GARBAGE CANS AND SPECIFICATIONS THEREFOR; TO PROHIBIT CREATION OF UNSIGHTLY A',
UNSANITARY CONDITIONS; AND TO PROVIDE FOR OTHER RELATED CHANGES TO SAID CHAPTER."
Director Melton moved that the rules be suspended and that the Ordinance 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.
Director Melton then moved that the rules be further suspended and that the Ordinance be placed on the
third 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 declared the Ordinance open for discussion. There being no discussion, the Mayor asked the
question, "Shall the Ordinance pass?"
Upon roll call the following vote was recorded, 'TAye" Kerlin, McFerran, Melton, Christie, Trumbo, and Du
"Nay" None.
There being Six "Ayes" and No "Nays", the Mayor declared the Ordinance passed.
ORDINANCE NO. 1619
AN ORDINANCE TO AMEND CHAPTER 10 OF THE FAYETTEVILLE CODE OF ORDINANCES, ENTITLED "GARBAGE AND TRASH", IN
ORDER TO CLARIFY THE ORGANIZATIONAL STRUCTURE OF THE SANITATION DEPARTMENT; TO CLARIFY AND AMEND DEFINITI
UNDER SAID CHAPTER; TO CLARIFY PROCEDURES AND REQUIREMENTS CONCERNING THE MAINTENANCE AND LOCATION OF
GARBAGE CANS AND SPECIFICATIONS THEREFOR; TO PROHIBIT CREATION OF UNSIGHTLY AND UNSANITARY CONDITIONS;
AND TO PROVIDE FOR OTHER RELATED CHANGES TO SAID CHAPTER.
WHEREAS, the garbage and trash or sanitation ordinance of the City of Fayetteville, Arkansas, now appearii
as Chapter 10 of the organizational structure of the Sanitation Department; to clarify and amend definitio
under said Ordinance; to specify procedures and requirements concerning the maintenance and location of
garbage cans and specifications therefor; to prohibit creation and maintenance of unsightly and unsanitar
conditions; and to provide for other related changes.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS:
SECTION 1. That Section 10-1 of Chapter 10 of the Fayetteville Code of Ordinances is hereby amended.,to
read as follows;
Sec. 10-1. DEFINITIONS.
The following words and terms, when used in this Chapter, shall have the meanings respectively
ascribed to them by this Section, unless the context clearly indicaths otherwise:
(a) COMMERCIAL SERVICE. "Commercial Service" means the collection and removal of garbage and trash
from all commercial, public or private institutions, fraternity or sorority houses, rooming houses,
boarding houses, business establishments, office buildings, and any or all other buildings or portioi
thereof, occupied and/or used for any other purpose not stated herein.
(b) GARBAGE. "Garbage" includes all waste accumulations of animal, fruit or vegetable matter that
attend the preparation, use, cooking, dealing in or storage of meat, fowl, fish, fruits or vegetable;
tin cans, or other containers originally used for foodstuffs. The term "garbage" shall not include
mineral wastes.or. manufacturing or processing wastes.
(c) GARBAGE CAN. "Garbage Can" means a water -tight receptacle or container of substantial metal•'•
construction or plastic, having a capacity of not less than 10 nor more than 32 gallons, with a tigh-
fitting lid or cover, with not less than one handle on the lid or cover, and two handles on the
receptable or container by which same may be conveniently lifted or moved. Cans in excess of 32
gallons capacity will not be serviced.
(d) GARBAGE DISPOSAL AREA. "Garbage Disposal Area" means a place or places designated by the City
of Fayetteville for the purpose of disposing of refuse, including incinerator and other dumping area
(e) LODAL TYPE CONTAINER. "Lodal Type Container" shall mean a Lodal container or similar container
designated for mechanical pickup and removal or contents by Sanitation Department trucks.
(f) PERSON OR PERSONS. "Person or Persons" means any individual. -firm or corporation.
(g) PREMISES. "Premises" means any flat, dwelling, rooming house, apartment house, hospital, schoo.
hotel, club, restaurant, boarding house, eating place, shop, church, place of business, manufacturin;
establishment, court house, jail, city hall, post office or other building.
(h) RESIDENTIAL SERVICE. "Residential Service" means the collection and removal of garbage and
trash from all one -family residences, two-family residences or duplexes, trailer houses, apartments
and apartment houses. Each unit or multiple housing units shall be considered as a separate single
family dwelling unit..
(i) SANITATION DEPARTMENT. "Sanitation Department" means the Sanitation Department of the City
of Fayetteville, Arkansas.
(j) SANITATION SERVICE. "Sanitation Service" shall mean the collection, removal, and disposal of
waste, refuse, garbage, trash and rubbish; the insecticidal fogging and/or spraying performed by
the City of Fayetteville, Arkansas; animal control and such other functions contained herein that ar
necessary for the preservation of health, safety, and welfare of the community.
(k) TRASH. "Trash" includes all non-putrescible solid wastes, consisting of both combustible and
non-combustible wastes such as paper, cardboard, glass, crockery, excelsior, cloth and similar
materials. The term "Trash" shall not include mineral waster or manufacturing or processing wastes.
SECTION 2. That the second paragraph of Section 10-2 of the Fayetteville Code of Ordinances should be
amended to read as follows:
The Sanitation Department shall be under the direction of the Sanitation Superintendent who in turn is
subject to the general direction of the City Manager.
SECTION 3. That Section 10-3 of the Fayetteville Code of Ordinances should be amended to read as follows
Sec. 10-3. Receptacles Generally - For Garbage and Trash.
(a) Required. Each owner, occupant, tenant or lessee using or occupying any house, building, struct
or position thereof, for residence, commercial, public or private institution, fraternity and/or
sorority house, business establishment, office or for any other purpose, shall provide and maintain
garbage can and/or Lodal type containers of sufficient number and size to contain the garbage and/or
trash that will accumulate on the premises. In the case of multiple dwellings or multiple occupancy
this duly shall be upon the owner of the premises. Said receptacles shall be covered at all times
except when refuse when refuse is being placed in or removed from them.
„
11
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Ordinance No! 1619
(Continued)
1
(b) Maintenance of Cans. It sahll be the duty of such person to replace unserviceable cans and to
keep them clean at all times. Notice of unserviceable or unsanitary condition of cans willbbe served
upon such person by the Superintendent of the Sanitation Department or his authorized representative
at which time such person shall take prompt action to correct the existing conditions.
(c) Removal from Dwellings. Only garbage and trash as defined by this Ordinance will be removed frau
the rear of dwellings and the rear of dwellings is not to be construed as being the rear of the lot.
Provided, however, the owner or occupant may elect to place his garbage can in front of his dwelling
or just inside of his garage door. In the event the owner or occupant elects to _place his can inside
his garage door, the City of Fayetteville, Arkansas, assumes no liability for the lost items placed
upon or near the can, and the owner oil occupant assumes the risk of loss of such items.
(d) Location of Commercial and Apartment Cans or Containers. The placement and location or garbage
cans or Lodal type containers for commercial service and for apartments and apartment buildings shall
be negotiated between the user and the Superintendent of Sanitation. the City of Fayetteville,
Arkansas, assumes no liability for the loss of items placed on or near the cans or containers, and
the owner and/or occupant assumes the risk of loss of such items.
(e) Garbage or Litter Not Blaced in Containers. The Sanitation Department shall not be reuired to
remove garbage or other litter not placed in garbage cans or Loadal type containers or placed on top
or or around such receptacles.
(f) Capacity of Cans - Hazards. No garbage can shall be filled to contain more than fifty (50) pounc
ans shall be so located and maintained as to not created a fire hazard, provide harborage for
rodents or breeding of insects.
ION 4. That Section 10-4 of the Fayetteville Code of Ordinances shall be amended to read as follows:
Section 10-4. Access to Garbage and Trash Containers.
It shall be incumbent upon the tenants, lessees, occupants, or owners of the premises where garbage o:
trash is generated to provide a safe and vonvenient entrance to and through the premises for the purp
of collection same. And, all vicious animals shall either be confined, or garbage and trash containe:
placed at a point where collectors may service same without attack from said animals. Where commercL
collections are made from alleys and access ways, said approaches shall be maintained in such manner
as not to be a hazard to Sanitation Department personnel or equipment. Failure toncomply with the
provisions of the Section after notification by the Sanitation Department will result in discontinuan
of service until such condition is corrected.
ION 5. That Section 10-5 of the Fayetteville Code of Ordinances should be amended to read as follows:
Sec. 10-5. Public Nuisance, Notification, Abatement.
(a) It shall be unlawful for the owners, occupants, tenants, or lessees of any dwelling or place of
business to allow garbage, trash or litter to accumulate on his premises, or to place or cause to be
placed paper, cardboard or other litter in such a manner that it will be blown onto the street or on
another's property, or in such other manner as to cause unsightly or unsanitary conditions in the City
of Fayetteville, Arkansas.
(b) The Sanitation Superintendent or the Health Department Sanitarian or their authorized representa-
tives shall have the duty of notifying the owner, occupant, tenant, or lessee of a dwelling or place
or business where one or more of the conditions described in paragraph (a)•of this Section is found
to exist.
(c) It shall be the duty of the owner, occupant, tenant or lessee of such premises to correct said
condition or conditions within thirty (30) days from date of receipt of such notice.
(d) If the owner, occupant, tenant, or lessee fails to obey such notice and continues to maintain
said prohibited condition or conditions, such person shall be deemed in violation of this Ordinance
and shall be subject to the penal provisions contained in this Ordinance.
(e) The provisions of this Sectionsare supplementary to, and do not amend or repeal the provisions
of Sections 11-1 through 11-3 of this Code.
ION 6. That Section 10-6 of the Fayetteville Code of Ordinances shall be amended to read as follows:
Sec. 10-6. Dumping and Garbage Disposal Areas.
Dumping within any area within the City of Fayetteville, Arkansas, except in garbage disposal areas
as defined by Section 19=1 of this Code is prohibited.
'ION 7. That Section 10-9 of the Fayetteville Code of Ordinances shall be amended to read as follows:
Sec. 10-9. Brush and Limb Service.
Brush and limb service is provided on a call basis to residential service customers, not to commercia:
service customers, and is not to be construed as a service to remove odd furniture, old stoves,
refrigerators or building debris, etc., as defined in Section 10-10 of this Code. The removal of
such items is the responsibility of the owner, occupant, tenant-oi;bess6e. The brush and limb
service to residential service customers shall be scheduled as other work permits.
ION 8. That Section 10-11 of the Fayetteville Code of Ordinances shall be amended to read as follows:
Sec. 10-11. Collection and Removal of Mineral, Manufacturing, and Processing Wastes.
Mineral wastes, manufacturing or processing wastes to include sawdust and like residue, shall not be
considered garbage or trash as defined or outlined in this Code. The service of collecting, removing,
and disposing of mineral waste, manufacturing or processing waste to include sawdust and like residue
shall not be rendered by the City of Fayetteville, Arkansas, Sanitation Department, unless a written
contract between the owner, occupant, tenant or lessee desiring the service and the City has been
negotiated.
ION 9. That Section 10-f4 of the Fayetteville Code of Ordinances shall read as follows:
Sec. 10-14. Bulk Hauling.
Failure to comply with the provisions of Sec. 10-3 of this Code, resulting in special or additional
garbage or trash service will result in additional changes tot he user at the rate•snecified in A
Article II of this Chapter.
ION 10. That Section 10-15 of the Fayetteville Code of Ordinances shall be amended by substituting
the words "City Manager" for the word "mayor" appearing in said Section.
ION 11. That Section 10-17 of the Fayetteville Code of Ordinances shall be amended to read as follows
Sec. 10-17. Burning of Garbage and Trash.
It shall be deemed a violation of this Code for any person to burn trash or garbage -except in incin-
erators that have been approved by the Health, Sanitation and Fire Departments of the City of
Fayetteville, Arkansas.
306
No
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iston
first read
if le & Gun
lutia, Etc.
pinion of
Attornev
SECTION 12. That Section 10-18 shall be added to the Fayetteville Code of Ordinances to*read as follows:
Sec. 10-18. Penalties.
Any person violating the provisions of this Chapter shall be guilty of a misdemeanor and upon
conviction therefor shall be punished by a fine of not less than $10 and not more than $100, or
by imprisonment for not more than 30 days, or both such fine and imprisonment.
SECTION 13. That Section 10-32 of the Fayetteville Code of Ordinances is hereby amended to read as follc
Sec. 10-32. Adjustment of Rates - Exemptions.
Appeal for adjustment of rates for charges prescribed by this Article may be directed in writing
'to the Sanitation Superintendent and the City Manager. Appeal from their decision shall be directly
to the City Board of Directors, and shall be in writing and filed with the City Clerk within 30
days of the date written notice of the decision of the Sanitation Superintendent and the City
Manager is given. 'Exemptions from sanitation charges may be granted by the City Board of Directors
upon written request only, for a just cause.
SECTION 14. That Section 10-33 of the Fayetteville Code of Ordinances shall be amended to read as folloi
Sec. 10-33. Billing; When Payable.
The billing for services hereby provided shall be in advance and shall be included in the bill
rendered monthly to each user of City water, or such services may be billed by any other practicable
means of collection, and it shall be the duty of each owner, occupant, tenant or lessee to pay for
the services provided for on or before the tenth day of'each month. At the same time and in the
same manner provided for the payment of water bill.
SECTION 16. That Sections 10-35, 10-47, 10-48, 10-49, and 10-51 of the Fayetteville Code of Ordinances
are hereby repealed in their entirety.
SECTION 16. That Section 10-50 of the Fayetteville Code of Ordinances is hereby amended to read as
follows:
Sec. 10-50. Using City Disposal Grounds.
Any preson contacting to collect or haul garbage or trash within the limits of the City shall
deposit everyting collected or hauled (except that for part of the garbage intended for livestock
feed) on the City's disposal grounds, where and as directed by the Sanitation Superintendent or
his authorized representative, and during such time as the grounds are normally open and available
for use. '
SECTION 17. That if for any reason any clause, sentence, section, subsection or provision of this
Ordinance or the application thereof to any person or circumstance is held invalid or inoperative,
the remainder of the Ordinance and application thereof to other persons and circumstances shAll not
be effected thereby.
SECTION 18. That this Ordinance shall be in full force and effect from and after its passage, approval
and publication.
PASSED AND APPROVED this 19th day of August, 1968.
APPROVED:
PO -VL 4�A
DON TRUMBO, MAYOR
ATTEST:
A
0.0 • f e�
The City Manager introduced and, at the request of the mayor, read a proposed ordinance in its
entireity for the first time entitled, "AN ORDINANCE AMENDING SECTION 13-7 OF THE FAYETTEVILLE CODE OF
ORDINANCES TO PERMIT FIRING OF RIFLES AND PISTOLS WITHIN THE CITY LIMITS BY ORGANIZED RIFLE OR PISTOL
CLUBS WHERE RANGE APPROVED BY POLICE CHIEF, CERTIFIED INSTRUCTOR IS PRESENT AND SUCH ACTIVITY IS OTHER=
WISE IN CONFORMANCE WITH ZONING LAWS AND DOES NOT CONSTITUTE A DISTURBANCE OF THE PEACE; AND TO REQUIRE
MAINTENANCE OF PUBLIC LIABILITY INSURANCE, AND RELATED MATTERS".
No further action was taken at this time and the ordinance was left on the first reading.
The City Attorney reported that he had received an opinion from the Attorney General of the state of
Arkansas in regard to a Referendum Petition on Ordinance 1603, vacating a portion of alley in Putman's
Addition to the city of Fayetteville, Arkansas, which was requested by the Board of Directors at its
regular meeting on July 1, 1968.
The opingon of the Attorney General was spread on the minutes and reads as follows:
Mr. Hugh R. Kincaid
City Attorney
Fayetteville, Arkansas 72701
Dear Mr. Kincaid:
I am in receipt of your letter dated July 3, 1968, wherein you state the following:
The Board of Directors of the City of Fayetteville, Arkansas have authorized me.to request a ruling
from your office pertaining to Amemdment 7 to the Constitution of Arkansas, and implementing statute
Ark. Stat. Ann. 19-717 (1967 C$m. Supp.). The following situation exists.
On May 20, 1968, after public notice and a public hearing, the Board of Directors adopted Ordinance
No. 1603, vacating a portion of an alley in Putman's Addition of the City of Fayetteville. This
action was thken pursuant to the provisions of Ark. Stat, Ann. 19-3825, et seq. Thereafter, within the
31 day period prescribed by local ordinance, a petition was filed with the City Clerk requesting
a referendum on Ordinance 1603. Two questions have developed as a result:
1
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Opinion of
General.
i
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of Attorney General
1. Is Ordinance No. 1603 of the type subject to referendum under the provisions of Amendment
7 to the Constitution of Arkansas?
2. How many signatures are qequired for the referendum petition?
Amendment 7 of the Constitution of Arkansas provides that 15% of the legal voters of any
municipality may order the referendum and states that the number of signatures required upon any
petition shall be computed upon the total votes cast for the office of mayor in the last preceeding
general election. Fayetteville has a city manager form of government and accordingly does not
elect a mayor at the general election. Under the managerform the mayor is chosen from among
the elected members of the Board of Directors. Ark. Stats. Ann. Section 19-717 (1967 Cum. Supp.)
provides that in cities organized under the manager form the number of signatures required upon a
referendum petition shall be computed upon the highest vote'cast at the last preceeding general
election for any position on the Board of Directors.
In the last preceeding general election the incumbent Directors ran unopposed, and under the
provisions of Ark. Stats, Ann. Sec. 3-1021, the ballots were not tabulated. Moreover, the ballots
are no longer available. There were no other municipal rades in the general election, but there
was a proposal on the ballot to annex a large area to the City which was submitted to the City
electorate by the Board of Directors. The vote tabulation on this question is available and, as
well, the vote tabulations for the office of Govenor and other contested state and county offices.
Earlier in the same year (1966) there was a special election at which the Board od Directors were
initially elected following reorganization to a manager form government; the vote tabulation for
the special election is available.
idment 7 of the Arkansas Constitution provides in part:
. . . The initiative and referendum powers of the people are hereby further reserved to the local
voters of each municipality and county as to all local, special and municipal legislation of every
character . . . (Emphasis ours)
The Supreme Court in Scroggins v. Kerr, 217 Ark. 137, 228 S.W. 2d 995 (1950) stated that not all
ordinances enacted by city councils come under the head of "municipal legislation," and that Amendment 7
reserves'to the voters no power of referendum under the quasi-judicial or administrative acts of city
councils. The Court further stated:
The crucial test fdr determining what is legislative and what is administrative is whether the
ordinance is one enacting a new law, or one executing a law already enacted which authorizes the very
act provided for by a later resolution or ordinance, then there is no right to have a referendum
on the new measure. It is not a new law, but only a procudural device for administering an old law.
the test quoted in ScroRAins v. Kerr, supra, that if the interest owned by the municipality
the $300 quoted above then it was subject to referendum.
the facts submitted, it is the opinion of this office that Ordinance 1603 is subject to referendum
the provisions of Amendment 7 to the Constitution of Arkansas.
reaching soy decision I 'did take note of Ark. Stat. Ann. § 17-1205 et seq. (Supp: 1967).
wever, these sections have never been subjected to judicial construction with respect to Amendment 2.
would call your attention to Cochran v. Black, 240 Ark. 393, 400 S.W.2d 280 (1966) where the Supreme
urt stated:
We are firmly committed to a liberal construction of constitutional Amendment No. 7, bearing in
mind the purpose of its adoption and the bbjectite sought to accomplish. This amendment provides a
necessary and potent protection against ill-advised, oppressive or improvident legislative functions,
and actions of the electors thereunder, in attempting to obtain relief, should not he thwarted by
strict or technical construction. We are neither authorized nor remotely inclined to disturb the
proper application of this wholesome constitutional reservation of power to the people.
I have been unable to find any statute or case bearing upon the second question that you pose. With this
in mind, my conclusion will be advisory in nature only. Assuming that it is impossible to strictly compl;
with Ark. Stat. Ann. § 19-717 (Supp. 1967), i.e., by determining the number of signatures required compute
upon the highest vote cast at the last preceding General Election for any position on the Board of
Direcbors of a municipality, then the persons initiating the petitions must assure themselves that the
number of signatures obtained would be equal to or exceed 15% of the highest vote cast in the 1966
General Election for any position on the Board of Directors in the City of Fayetteville. Therefore, with
the facts as they have been presented in your letter of inquiry, I would recommend two possible approaches
(1) Compute the 15% upon the total number of votes cast in the Govenor ss race in Fayetteville in
the 1966 General Election.
(2) Compute the 15% upon the total number of votes cast in the special election in 1966 at which the
Board of Directors were initially elected. .
It would be best to follow whichever approach that would assure a total number of votes that would qqual
or exceed the highest vote cast at the -last preceding General Election for any position on the Board of
Directors of Fayetteville.
The Supreme Court in Townsend v. McDonald, 184 Ark. 273, 429S.W. 2d 410 (1931) states:
Substance is more important than form in the application•of our initiative and referendum laws.
Substantial compliance with the statues governing referendum petitions is,all that is necessary.
Under the facts submitted, a strict compliance with Ark. Stat. Ann. § 19-717 is impossible and I am of t
opinion that the purpose of such an amendment would be effectuated following one of the approaches
outlined here in above.
I trust this sufficiently answers your inquiry. If you should have any further questions, please do
not hesitate to call on us.
Very truly yours,
JOE PURCELL
Attorney General
JERRY D. PINSON
Assistant Attorney General
1:
C1Clerk'S
Report on
Previous:
_Elections.
Ci
on
ficate of
Clerk on
c
tion
The City Clerk
reported that
6,073 votes were cast in the Govenors'race
at the general election of 1966
in the City of
Fayetteville,
Arkansas and that 3,145 votes were cast in
the City of Fayetteville,
Arkansas for Board of Directors at the special election in 1966.
The City Clerk read his certificate on the number of signatures on the referendum petition, said
certificate being spread on the wAftutes as follows:
CERTIFICATE'
I, George J. Davis, City Clerk of the City of Fayetteville, Arkansas hereby certify that the petition
for referendum on Ordinance No. 1603 of May 20, 1968, filed in my office, contains on its face 455
signatures; that based on the number of signatures of legal voters required by Arkansas law on such
a petition in order to call a referendum on such an ordinance (as indicated by the advisory opinion
of the Attornev General, dated August 2, 1968, i.e.,)15%of the total number of votes cast in the
Govenor's race in Fayetteville in the 1966 General Election, or 154% of the total number of votes cast
for the Board member receiving the most votes in the special'election of 'the iHI£IAL Board of Directors
in 1966) that said petition on its face contains an insufficient number of signatures to constitute
a sufficient petition for referendum.
Further, I certify that I have examined said signatures and of the 455 signatures appearing on said
petition only 399 of said signatures can be certified as valid legal signatures for such a petition.
r
Director McFerran moved that a public hearing on the referendum petition to bidinance No. 1603 be
held in the Director's room in the City Administration Building at the regular meeting of the Board
of Directors on Monday, September 76, 1968 and•that the'City Clerk be and he is hereby authorized
and directed to cause a notice of the public hearing to be published in the Northwest Arkansas Times,
a daily newspaper printed in Washington County Arkansas, and having a general circulation in the city
of Fayetteville Arkansas, one time, not less than five days prior to the time set for the public
hearing.
The motion was seconded by Director Kerlin and passed unanimously.
Release DEED Director Kerlin moved that the Mayor and City Clerk be and they are hereby authorized to execute a
part of RELEASE DEED for the following described property, to -wit:
Tomleyn Lot 4 Tomleyn Valley Addition to the City of Fayetteville, Arkansas.
Valley Add'n. The motion was seconded by Director Melton and passed unanimously.
Rel lase Deed Director Melton moved that the City Clerk be and he is hereby authorized to execute a RELEASE DEED
part of for the following described property, to -with:
Rolling Hills Lot I, Block I in Rolling Hills Addition to the City of Fayetteville, Arkansas, as per plat of said
Addition. Addition on file in the office of the Circuit Clerk and Ex -Officio of Washington County, Arkansas.
The motion was seconded by Director McFerran and passed unanimously.
Changing date
of next regu- Director Kerlin moved that, since the date for the next regular meeting comes on Labor Day, the next
lar meeting regular meeting be held on Tuesday, September 3, 1968.
to Sept. 3, The motion was seconded by Director McFerran and passed unanimously.
1968
There being no further business, Director McFerran moved to adjourn.
The motion was seconded by Director Kerlin, and passed unanimously, whereupon the Mayor declared the
meeting adjourned.
APPROVED:
001�t
ATTEST: - DON TRUMBO, MAYOR
GEORGE J AV ., CITY CLERK
The Board of Directors of the City of Fayetteville, Arkansas, met in regular session on Tuesday, Septembe
Regular in the Directors Room in the City Administration Building at 7:30 P. M. CDST.
Meeting. Present: City Manager Gerald G. Fox, City Clerk George J. Davis,.A95istant City Attorney David Horne,
and Directors: Swartz, McFerran, Melton, Christie, Trumbo, and Dunn.
T.leith, Absent: City Attorney Hugh Kincaid.
N.W!Times Absent at roll call but later entering: Director James T. Kerlin.
News Rep.
also' present. The minutes of the regular meeting on Monday, August 19, 1968, a copy of which had previously been mailed
to each of the Directors, were approved as written.
The City.Manager read a proposed•ordinance,.which had been left on the first reading at the last regular
meeting of the Board of Directors, for the second time entitled, "AN ORDINANCE AMENDING SECTION 13-7 OF
THE FAYETTEVILLE,CODE OF ORDINANCES TO PERMIT FIRING OF RIFLES AND PISTOLS WITHIN THE CQTY LIMITS BY ORGA
RIFLE OR PISTOL CLUBS WHERE RANGE APPROVED BY 'POLICE CHIEF, CERTIFIED INSTRUCTOR IS PRESENT AND SUCH ACTI
Ordinance IS OTHERWISE IN CONFORMANCE WITH.ZONING LAWS AND DOES NOT CONSTITUTE A DISTURBANCE OF THE PEACE; AND TO
No! 1620 REQUIRE MAINTENANCE OF PUBLIC LIABILITY INSURANCE, AND RELATED MATTERS".
Director Christie moved that the rule be suspended and that the Ordinance be placed on the third and fins.
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 declared the Ordinance open for discussion. There being no discussion, the Mayor asked the
question, "Shall the Ordinance pass?"
Upon roll call the following vote was recorded, "Aye" Swartz, McFerran, Melton, Christie, Trumbo, and Dun
"Nay" None.
There being Six "Ayes" and No "Nays", the Mayor declared the Ordinance passed.
(See next page).
3,1968,
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