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HomeMy WebLinkAbout1968-09-30 MinutesResolution No 28-68 (Contin Regular Me T.J.Keith, N Reporter N.W also present 31"7 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1, That Resolution No. 27-66, of October 17, 1966, as amended by Resolution No. 3-67, of February 6, 1967, be further amended to change the General Neighborhood Renewal Area as is fully descr in Section 1 of Resolution No. 3-67, by deleting the following described lands from the area described in said Section 1: Beginning at the Northeast corner of the Northeast 1/4 of the Southwest 1/4, Section 15, T -17-N, R -30-W, thence South 247.3 feet more or less to the Southeast corner of Lot 1, City Addition, thence West 150 feet more or less, thence North to the Northwest corner of Lot 1, Block 1, Skillerns Sub -division; thence West to the Northeast corner of Lot 10, Block 3, Skillerns Sub -division; thence North to the Northeast corner of Lot 5, Block 1, McIlroy's Addition, thence East to the Northeast corner, Lot 5, Block 4, McIlroy Addition; thence South to the point of beginning, containing 9 acres, more or less. Beginning at the Northeast corner of Lot 7, Block 3, Berl Dodd Addition; thence West to the Northeast corner of Lot 4, Block 3, Berl Dodd Addition; thence North to the Southeast corner of Lot 3, Block 4, Glen Wood Park Addition; thence East 810 feet, more or less, to the West right-of-way of Wood Avenue; thence South along the West right-of-way of Wood Avenue; thence South along the West right-of-way of Wood Avenue 1150 feet, more or less; thence West to the Northwest corner of the Northeast 1/4 of the Southwest 1/4 of the Northwest 1/4, Section 22, T -17-N, R-20=4; thence South to the point of beginning, containing 23 acres, more or less. Beginning at the Southeast corner of Lot 6, Block 7, Berl Dodd Addition, thence South 290 feet more or less, thence West 810 feet more or less; thence North 2640 feet more or less; thence West 800 feet more or less; thence North 150 feet more or less to the South right-of-way of 7th Street; thence East along South right-of-way of Seventh Street 930 feet more or less to the West right-of-way of South College Avenue; thence South along the West right-of-way of College Avenue 2530 feet more or less; thence East to the point of beginning; containing 15 acres, more or less. SECTION 2. That all other provisions of Resolution No. 27-66, as amended by Resolution No. 3-67, shall remain in full force and effect. PASSED AND APPROVED this 25th day of September, 1968, APPROVED: DON TRUMBO, MAYOR There being no further business Director Melton moved to adjourn. The motion was seconded by Director Christie and passed unanimously, where upon the 14avor declared the meeting adjourned. APPROVED: ATTEST: A,4��/ N TRUMB , MAYOR GEORG J. DAVIS, CITY CLERK Board of Directors of the City of Fayetteville, Arkansas, met in regular session on Monday, ember 30, 1968, in the Directors Room in the City Administration Building at 7:30 P.M. CDST. ent: City Manager Gerald G. Fox, City Clerk George J. Davis, City Attorney Hugh Kincaid, and ctors: Kerlin, Swartz, McFerran; Melton, Christie, Trumbo, and Dunn. bsent: None, will be noted that the regular meeting was advanced from the regular meeting date of October 7, 1968, this date under authority contained in Resolution No. 27-689 minutes of the regular meeting on Monday, September 16, 1968, and of the special meeting on esday, September 25, 1968, copies of which had previously been mailed to each of the Directors, approved as written. Ambulance Ordinance The City Manager introduced and, at the request of the Mayor, read a proposed ordinance in its entirety left on second for the first time entitled, "AN ORDINANCE AMENDING CHAPTER 3A OF THE FAYETTEVILLE CODE OF ORDINANCES, reading. TO EXTEND THE PERIOD OF AMBULANCE OPERATOR PERMITS TO FIVE YEARS, TO EXTEND THE PERIOD OF NOTICE OF INTENT TO REVOKE TO 90 DAYS, AND TO ABOLISH THE CITY AMBULANCE SERVICE DEPARTMENT, AND RELATED MATTERS". Director Christie moved that the rule be suspended and that the Ordinance be placed on the'second reading, The motion was seconded by Director Kerlin and upon roll call the following vote was recorded, "Aye" Kerlin, Swartz, McFerran, Melton, Christie, and Dunn. "Nay" Trumbo. There being Six "Ayes" and One"Nay,-;", the Mayor declared the motion passed. The Ordinance was then read for the second time. No further action was taken and the Ordinance was left on the second reading. Ambulance Service The City Manager then read the proposed EXCLUSIVE AMBULANCE SERVICE PERMIT in its entirety. permit, etc. Ifiled Director McFerran then moved to file the proposed Ordinance, the proposed EXCLUSIVE AMBULANCE SERVICE with City Clerk PERMIT, and a proposed resolution entitled, "A RESOLUTION AUTHORIZING THE ISSUANCE OF AN EXCLUSIVE AMBULAP SERVICE PERMIT AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAME IN BEHALF OF THE CITY OF FAYETTEVILLE, ARKANSAS,"with the City Clerk until the next regular meeting on Monday,'October 14, 1968. The motion was seconded by Director Melton and upon roll call'the following vote was recorded, "Aye" Kerlin, Swartz, McFerran, Melton,'Christie, and Dunn. "Nay" Trumbo. There being Six "Ayes" and only one "Nay", the Mayor declared the motion passed. Ordinance The City Manager introduced and, at the request of the Mayor, read a proposed ordinance in its entirety left on I entitled, " AN ORDINANCE AMENDING ZONING ORDINANCE NO. 12390 PASSED AND APPROVED JUNE 13, 19602 AS AMENDEI second reading. TO PERMIT FRATERNITY AND SORORITY HOUSES WITHIN THE R-2, R-3, and R-4 Z014ING DISTRICTS UPON APPLICATION (Sorority & TO THE PLANNING COMMISSION; AND ESTABLISHING STANDARDS AND CONDITIONS THEREFOR:" Fraternity Houses) Director Felton moved that the rule 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. Attorney Lewis Jones and others appeared before the Board of Directors and had a long discussion on the above proposed ordinance, but no further action was taken at this time, and the ordinance was left on the second reading. 318 FID] The City Manager read the proposed Lease Agreement between the City and Noark Commander Aviation, Inc. in its entirety. After a brief discussion Director McFerran moved to approve the Airport Lease Agreement with Noark Com- mander Aviation, Inc., as recommended by the City Manager, and that the Mayor and City Clerk be, and they with are, hereby authorized to execute the contract. The motion was seconded by Director Swartz and passed unanimously. The Lease Agreement was spread on the Minutes and reads as follows: LEASE AGREEMENT This Lease Agreement made and entered into this 30th day of September, 1968, by and between the Cit, of Fayetteville, Arkansas, a municipal corporation acting by and through its Mayor and City Clerk, duly authorized (hereinafter called the Lessor) and Noark Commander Aviation, Inc., acting by and through its President and Secretary duly authorized (Hereinafter called the Lessee). WITNESSETH Lessor does hereby let, lease and demise unto the said Lessee, upon and subject to all the terms, conditions, covenants and provisions herein contained, all of that certain parcel of land, situated wh within the boundaries of the Fayetteville Municipal Airport, in the City of Fayetteville, County of Wa ington, and State of Arkansas, and more particularly described as follows: Beginning at the Northwest corner of the Northeast 1/4 Southwest 1/4 of Section 4, Township 15 North, Range 30 West for point of beginning, thence South 550 feet, thence East 625 feet, thence North 130 West 567 feet, thence West 487 feet to the point of beginning, containing 7.0 acres more or less, a sketch of which is attached as Exhibit A. TO HAVE AND TO HOLD the same unto the said Lessee for and during a term of twenty (20) years, be- ginning on the first day of September, 1968, and aiding on the 31st day of August, 1988, subject to the terms, conditions and provisions herein contained. This Lease is made upon and subject to the following covenants, agreements, conditions, provisions and terms to be performed by the parties hereto: 1. The Lessee shall pay to Lessor a fixed annual rental in the amount of One Dollar ($1.00) which shall be payable in advance on or before the first day of September of each year during the term of this Lease, and Lessee shall pay to Lessor the percentage rentals and minimums as hereafter provided. Such fixed rental and the percentage rental and minimums hereinafter provided for, shall be payable to the Lessor at its office in the Administration Building, Fayetteville, Arkansas, or at such other palace or places as the Lessor may hereafter designate in writing to the Lessee from time to time during the term of this Lease. Lessee further covenants and agrees to pay each month during the term hereof to the Lessor, as a percentage rent, in addition to the fixed annual rental hereinabove provided for, a sum equal to eight per cent (8%) of all gross revenues derived from aircraft storage, tie downs and aircraft parking fees upon the leased premises. In addition to the payment of the sums hereinabove provided, the Lessee agree: to pay the sum of One Cent ($.O1) per gallon for each gallon of aviation fuel, of any type, sold by the Lessee to third parties and/or used by the Lessee in its own aircraft. Lessor reserves the right to ad- just upward or downward, the amount per gallon to be paid by Lessee from time to time in the future, provided that Lessor shall not exercise said adjustment right as to Lessee unless the same adjustment is made applicable to all fixed base operators operating under lease from Lessor. In addition, the Lessee shall pay each month to the Lessor, four per cent (4%) of total revenues received from operation of a snack bar or restaurant which would be located upon the premises. The,--applicable-rentals-and other fees for in this paragraph, shall commence as soon as the Lessee;Commences any operations, from ____ _ any of the facilities constructed upon the leased premises: The Lessee further agrees to pay to the Lessor eighty per cent (80%) of the total amount of all la ing and take -off fees collected for and in behalf of the Lessor by the Lessee, it being understood that Lessor has the sole right to determine, in each case, whether or not such fees shall be charged and the amount of such fees. The Lessor shall'provide the Lessee with a current list of charges and fees to be levied for landing and take -offs and a definitive statement about when to levy such fees or charges. Accurate and complete records shall be kept of such charges to be submitted with remittance to the City monthly. A minimum rental of One Hundred Fifty Dollars ($150.00) shall he paid each month to the City begin- ning January 1, 1970. As operations commence from facilities to be constructed on leased premises, said One Hundred Fifty Dollars ($150.00) minimum shall be credited against amount actually due each month fro: the eight per cent (8%) gross revenues from aircraft storage, tie downs and aircraft parking, the One Ce ($0.01) per gallon for aviation fuel sold, and the four per cent (4%) from total revenues of snack bar o restaurant operation, but in no case shall the minimum due be less than One Hundred Fifty Dollars'($150. The total rentals and other charges hereinabove provided, other than the fixed annual rental, shall be paid by the Lessee not later than the fifteenth (15th) day of each month during the term of this Leas for business transacted during preceeding month. 2. The Lessee covenants and agrees to keep true and complete records and accounts of the sales and business transacted by the Lessee and to furnish at the time when the percentage rental is paid, a true, for the previous month's business, correct and accurate monthly statement of the total daily sales and the business transacted on the leased premises (showing but not including the amount of sales taxes or similar taxes or impositions), which said statement shall be certified by the Lessee to he correct and complete. In addition, delivery records from the gasoline distributor for the previous month's deliveri shall be submitted to the Lessor. A true and complete record of the take -off and landing fees collected for the previous month shall also be furnished by the Lessee. The Lessor shall have full and free acces during all reasonable hours to the books and records of the Lessee of business transacted in, upon, or from the leased premises, including but not limited to, cash register tapes, sales tickets, invoices, an tax returns or reports. The Lessor shall have the right at all reasonable times to examine or audit such books and records, either in person or through its agents or attorneys. The Lessor shall have, and it is hereby given, the right to examine all sales tax reports filed by the Lessee in the office of the Commissioner of Revenues of the State of*Arkansas. The Lessee shall furnish the Lessor a copy of an annual verified audit not later than March 1 of each year, beginning March 1, 1969. • 3. (a). As an additional consideration for this Lease, Lessee covenants that it will, at its sole expense, construct, or cause to be constructed, on the leased land a hangar building embracing office, shops, storage and other facilities at a cost, exclusive of land, of not less than Forty Thousand Dollar ($40,000.00)^ Lessee covenants that it will commence construction, or cause construction of said 3191 improvements together 6d th improvements as outlined in 3 (b). to be commended no later than January 1, 19693 and will diligently.prosecute said construction of all improvements to completion at the earliest Lease Agree ant possible date and in no event later than June 1, 1969. A restaurant or snack bar may also be constructed (Continued) on leased premises and could include office space in lieu of the office space in hangar building. ' (b). Lessee also covenants that it vd 11 at its sole expense construct all necessary aprons, taxi strips, access roads and parking areas necessary to complement the beforementioned hangar building and restaurant or snack bar. (c). Detailed plans and specifications for said improvements must be submitted to Lessor not less than thirty (30) days prior to commencement of construction. During said thirty (30) day period, Lessor may either approve or disapprove, in whole or in part, the submitted plans and specifications. Federal Aviation Agency approval will also be required in writing. Construction shall not be commenced until Lessor and FAA have approved the submitted plans and specifications in writing, but failure of Lessor to take any action within said thirty (30) day period shall be deemed an approval. Lessee covenants that said improvements will be constructed in exact compliance with the submitted plans and specifications unless Lessor agrees, in writing, to a deviation therefrom. M. Lessee further covenants and agrees that it will promptly pay, or cause to be paid, all sums due or claimed to be due third persons for labor done or materials furnished in connection with construc- tion or installation of said improvements and that it will not allow any liens of any nature to be filed against or to remain on Lessor's property. If a lien is filed, Lessee agrees that within ten (10) days after being notified thereof it will either: (i) Cause said lien to be discharged, or (ii) Notify Lessor that the claim for which the lien was filed is without merit and that it desires to contest the claim. If Lessee elects to contest the lien claim, it covenants and agrees that it will use its best effort to expedite such contest to conclusion, and further covenants and agrees that at the time it gives Lessor the notice of election to contest it will post with Lessor a corporate surety bond, written by a company and in a form satisfactory to Lessor, or other adequate security, satisfactory to Lessor, assuring that neither Lessor nor any person, firm or corporation claiming anv interest in the property through Lessor, will ever suffer any loss or damage by reason of the lien or claim thereof. 4. (a). It is agreed that all buildings, structures and improvements (and all furniture, fixtures and equipment affixed to the realty or to said buildings, structures and improvements) erected, construct, or placed upon the land,r;shall become the property of the Lessor upon the termination of this Lease and will be surrendered to it at that time, provided that Lessee has not theretofore removed same as permittee in paragraph 4 (b) of this Agreement. Lessee agrees, during the term of this Lease, at its expense. to keep all such buildings, structures and improvements in a good state of repair, both inside, outside, and roof, and to deliver them to Lessor at the termination of this Lease in as good condition as new, reasonable wear and tear excepted. It is further agreed that the Lessor shall at all times during the term hereof have the right, either in person or by their attorney or agent to enter upon the leased premises, and any buildings, structures or improve• ments thereon, for the purpose of inspecting the same at any reasonable time. (b). Prior to expiration of this Agreement, Lessee shall have the right to remove all such buildings, structures, and improvements, except aprons, taxi strips, access roads and ,parking areas, from the leased premise prior to termination of this lease, but in doing so, this Lease shall be immediately surrendered and forfeited. All land shall be left in condition acceptable to the Lessor. The surrender- ing or forfeiting of this Lease by the removal of improvements shall not waive the right of the Lessor to collect any delinquent rentals or other fees then due from the Lessee. 5. None of the property leased nor the buildings nor structures nor improvements constructed upon the leased property shall be subleased without prior written consent of the Lessor. 6. Lessee shall operate as a Fixed Base Operator. It will so equip its facility as to be capable o. ' catering to and servicing aircraft in the general aviation, business -corporate and commercial (other than public air carriers) fields. As a Fixed Base Operator, Lessee shall be permitted to : (a) perform air- craft demonstrations and instruction, (b) make repairs to aircraft (including radio), (c) operate an air- craft charter service in aircraft having a gross landing weight of not more than 12,500 pounds (it being understood and agreed that the operation for hire of any aircraft having a gross landing weight of 12,500 pounds or more will require payment of the landing fee as fixed from time to time by Lessor), (d) sell aircraft and parts therefore, (e) service aircraft, including the selling of aviation fuel and petroleum products, (f) operate a restaurant or snack bar, (g) to install, maintain, use and operate radio communi- cation, meteorological and aerial navigation equipment after obtaining proper federal, state and local licenses, (h) to construct and operate advertising signs directly related to other allowed operations, (i) the right to engage in and operate a rent -a -car service, if license obtained from Licensor. In gen- eral, the Licensee shall have the right to use, in common with others authorized to do so, the landing field, runways, taxiways, sewage and water facilities, landing lights, beacon light, signals, radio aids, and all other conveniences for flying, .landing and take -offs of aircraft. Lessee shall not carry on any activity or operation nor construct any facilities not specifically, or by necessary implication, set forth hereinabove, except with the written permission of Lessor. 7. It is understood that Lessee,.its customers and invitees shall have preferred aircraft parking at all times during the term of this Lease on any ramps and parking facilities constructed by Lessee on the leased premises. It is distinctly understood, however, that at all times throughout the term of this Lease, they may be used by Lessor without charge and its designees if not needed by Lessee. 8. (a) If the buildings, structures or improvements to be erected or placed on the premises by Lessee shall be wholly or partially destroyed by fire, explosion, act of God, or any other casualty, whether similar or dissimilar to those named, and if such whole or partial destruction materially affects the operation of Lessor's business, either party mac terminate this Lease by giving thirty (30) days written notice of termination to the other unless the Lessee, within ten (10) days of such destruction, notifies the Lessor that it elects at its expense to repair and restore said premises to their condition before the happening of such casualty. W. If Lessee elects to repair and restore, this Lease shall continue and remain in full force and effect and Lessee shall be bound to proceed to repair and restore said premises to their former con- dition as speedily as is reasonably possible. All provisions of paragranh 3 hereof shall apply to said repairs and restoration. The rental hereinabove stipulated to be paid by Lessee, or such proportion thereof as may in the circumstances be just, shall by said Lessor be remitted and abated during such time as building or structures shall remain unfit for occupancy. Should Lessee elect to repair and restore an( then fail to restore said premises to their former condition within 120 days from the happening of the casualty, this Lease may be terminated by Lessor by the giving of ten (10) days written notice to Lessee. 320 Lease 9. Lessee shall, at its sole expense, carry insurance protecting against loss by fire or any other i Agreement casualty ordinarily included in a fire and extended coverage policy. Such insurance shall be written by (Co tinued) a company which is authorized to do such a business in Arkansas and which is acceptable to Lessor; shall with state, federal or municipal be for the full insurable value of the buildings and improvements located on the leased premises; at a that creates a nuisance, or that minimum 80% co-insurance; shall specify that any loss shall be payable to Lessee and to Lessor, as their premises, or which in any way is interests may appear; and a copy of the policy shall be furnished to Lessor. transportation operations. 10. Lessee shall have the right from time to time during the term of this Lease to make such chang alterations, additions, improvements or installations on the demised premises as will, in its judgment, better adapt the same to the purposes of its business, provided the approval of the Lessor is first obta in writing. All such additional improvements, if erected, shall be constructed, operated, and maintaine -strictly in accordance with the general terms and conditions of this Lease Agreement and governed by all provisions applicable to the original improvements and including prior FAA approval. 11. All machinery, equipment, and trade fixtures installed upon the leased premises by the Lessee and not affixed to the realty or improvements in such a manner as to damage either by removal shall rema the property of the Lessee. On the termination, surrender or forfeiture of this Lease, the Lessee shall have the right to remove such machinery, equipment and trade fixtures if all rent due to that time has been paid. All other fixtures, furniture, machinery, equipment, buildings, structures and improvements, including site improvements as specified in Section 3 (a) and (b), shall remain the property of the Less Lessee shall restore the premises to their former condition following removal thereof. The Lessor shall have, and is hereby given, a lien upon all equipment and fixtures of the Lessee which may at any time be placed in or upon the leased premises during the term of this Lease as security for the payment of rent becoming due hereunder, and performance of other terms and conditions of this Lease Agreement. All furn ture, machinery, equipment, and trade fixtures shall be removed no later than thirty (30) days after the expiration or termination of this lease. 12. (a). The Lessee agrees to indemnify and keep, hold and save harmless the Lessor against any claims, expense, loss or liability suffered or sustained as the result of any breach by the Lessee, Less servants, agents, employees, customers, visitors or licensees of any covenant or condition of this Lease or as a result of the Lessee's use or occupancy of the demised premises, or the carelessness, negligence or improper conduct of the Lessee, Lessee's agents, servants, employees, customers, visitors or licensee or any other operations of Lessee in; upon, or from Drake Field: (b). In this regard, the Lessee shall provide and keep in effect the following insurance in good and solvent insurance companies authorized to do business in the State of Arkansas: (i) Appropriate Workmen's Compensation Insurance; . (ii) General liability (to include contractual liability and product liability) with limits of not less than $100,000.00 for injury and/or death of one person, $300,000.00 for injuries and/or death in any one accident, and $100,000.00 for property damage in any one accident. (iii) Hangar Keeper's General Liability with limits of $150,000.00 for damages to or loss of any one aircraft and $500,000.00 for all loss or damage in any occurrence. The Lessee hereby agrees to file copies of all such insurance policies or certificates with the Lessor. Nothing contained herein shall be construed as a limitation of Lessee's Liability as set forth in Section 12 (a). 13. Lessee covenants and agrees that it will not do or permit anything to be done upon or about th leased premises that in any way interferes with the rights of tenants, owners or occupants or adjoining property, or that conflicts with state, federal or municipal laws, or the regulations of any department, board or bureau thereof, or that creates a nuisance, or that is dangerous to the life or limb or safety of persons on or about the premises, or which in any way is not directli• connected with airport or air transportation operations. 14. Cancellation by Lessor - In the event that Lessee is adjudicated bankrupt or that a court shal take jurisdiction of Lessee and his assets pursuant to proceedings brought under the provisions of any Federal Reorganizations Act, or that a receiver of Lessee's assets shall be appointed, or that Lessee shall be divested of his estate herein by other operation of law, or that Lessee shall fail to perform, keep and observe any of the terms, covenants or conditions herein contained on the part of Lessee to be performed, the Lessor may give the Lessee written notice to correct such condition�sor cure such default and, if any such condition or default shall continue for thirty (30) days after the receipt of such noti by the Lessee, the Lessor me v, after the lapse of said thirty (30) days period and prior to correction o curing of such condition or default, terminate this lease by a thirty (30) day written notice; the term hereby denised shall thereupon cease and expire at the end of such thirty (30) days in the same manner and to the same effect as if it were the expiration of the original term, but the acceptance of rental b Lessor of any period or periods after a default of any of the terms, covenants and conditions herein con tained to be performed, kept and observed by Lessee, shall not be deemed a waiver of any right on the part of Lessor to cancel this lease for failure by Lessee so to perform, keep or observe any of the term covenants, or conditions hereof to be performed, kept or observed. No waiver of default by Lessor of an of the terms, covenants or conditions hereof to be performed, kept and observed by Lessee shall be con- strued to be or act as a waiver of any subsequent default of any of the terms, covenants, and conditions herein contained to be performed, kept and observed by Lessee. 15. The Lessee shall have no right to assign or sublet this Lease or any part of the leased without the prior written consent of the Lessor thereto. 16. The Lessee hereby covenants and agrees that upon the termination of this Lease by the exoirat of its terms or upon any earlier termination for any reason whatsoever, Lessee will peacefully and quie deliver possession of the leased premises to the Lessor. In the event it becomes necessary for the Les to institute any action at law to recover possession at the time of any such termination, the Lessee ag that it will pay all costs and expenses of such action, including a reasonable attorney's fee. 's 17. Lessor agrees to provide Lessee with ample means of ingress to and egress from the leased premises during the term hereof, and further agrees that no improvements or installations will be erected in the vicinity of the leased premises in such manner as to jeopardize or to interfere with the reasonably in- tended use of the leased premises. 18. The Lessee covenants and agrees to observe and obey all rules and regulations which are now in effect or which may hereafter be promulgatey, either by the Lessor or by the Federal Aviation Agency, or by any other federal, state or municipal agency or authority having jurisdiction over the operation of the Fayetteville Municipal Airport. . 19. Notices to Lessor provided for herein shall be sufficiently sent by certified mail, postage prepaid, addressed to City of Fayetteville, Attention Mayor, City Administration Building, Fayetteville, Arkansas, and notice to Lessee shall be sufficient if sent by certified mail, postage prepaid, addressed J 3211 Lease Agreement to Noark Commander Aviation, Inc., Drake Field, Fayetteville, Arkansas. (Continued) Noark, Inc. 20. It is further expressly understood and agreed by and between the parties hereto that in the event any covenant, condition or provision herein contained is held to be invalid Tannv court of•compe- tent jurisdiction, the invalidity of any such covenant, condition or provision shall in no way affect any other covenant, condition or provision herein contained; provided, however, that the invalidity of such ' covenant, condition or provision does not materially prejudice either Lessor or Lessee in their respective rights and obligations contained in the valid covenants, conditions or provisions in this Lease. 21. It is distinctly understood and agreed that no representation, promise, warranty or agreement has been made between the parties hereto or their agents, except such as is herein expressed, and this Lease constitutes the entire agreement between the parties and supersedes all prior leases, covenants, agreements, understandings and negotiations between the parties respecting the leased premises. 22. The term "Lessor" as used herein, expressly or by reference, shall include the successors or assigns of the Lessor, and the term "Lessee" whenever used herein, expressly or by reference, shall in- clude the heirs, personal representatives, successors, and shall include assigns and sub -tenants of the Lessee, if the consent of the Lessor be given to an assignment or a sub -letting. 23. Lessee agrees during the term of the lease and any renewal hereof to maintain and operate the fixed base operation with adequate and efficient personnel and to operate aircraft in accordance with Federal Aviation Agency requirements for the operation of the type of equipment employed by Lessee. 24. The Lessor shall not be liable to Lessee for any damage or act of negligence of any co -tenant or any occupant adjoining the premises hereby.let. 25. If this Lease is in full force and effect and Lessee is not in default in any manner, then shall have, and is hereby given, the option to renew this lease for•an additional period of five (5) beginning at the expiration of the original term at the rent and at such terms and conditions as are upon by the parties at the time of exercise of the option. This option must be exercised, if at all, by notice in writing given to Lessor by Lessee not less ' than six (6) months prior to the end of the original term of the lease. IN "WITNESS, the Lessor and Lessee have by their signatures on the 30th day of September, 1968, approved these terms and conditions. ATTEST* CITY OF9ATT:;E, ARKANSAS CITY CLERK MAYOR Approved Le Agreement wi Ray Ellis. Lease Agree (Ray Ellis) 1 ATTEST: SECRETARY NOARK COMMANDER`:AVIATION, INC. PRESIDENT The City Manager then read a proposed Airport Lease Agreement between the City of Fayetteville, Arkansas, and Ray Ellis, Inc. Director Melton moved to approve the Airport Lease Agreement with Ray Ellis, Inc., as recommended by thb City Manager and that the Mayor and City Clerk be, and they are hereby, authorized to execute the Contrac The motion was seconded by Director Kerlin and passed unanimously. The Lease Agreement was spread on the minutes and reads as follows: LEASE AGREEMENT (RAY ELLIS) This Lease Agreement made and entered into this 30th day of September, 1968, by and between the Ci of Fayetteville, Arkansas, a municipal corporation acting by and through its Mayor and City Clerk duly authorized (hereinafter called the Lessor) and Ray Ellis, Inc. acting b.• and through its President and Secretary duly authorized (hereinafter called the Lessee). WITNESSETH Lessor does hereby let, lease and demise unto the said Lessee, upon and subject to all the terms, conditions, covenants and provisions herein contained, all of that certain narcel of land, situated wh within the boundaries of the Fayetteville Municipal Airport, in the City of Fayetteville, County of Washington, and State of Arkansas, and more particularly described as follows: beginning at the Northwest corner of the Northeast 1/4 Southwest 1/4 of Section 4, Township 15 North, Range 30 West, thence South 550 feet to a point of beginning, thence South 561 feet, thence East 790 feet, thence North 13' West 584 feet, thence West 625 feet to the point of beginning, containing 9.0 acres more or less, a sketch of which is attached•as Exhibit A. TO HAVE AND TO HOLD the same unto the said Lessee for and during a term of twenty (20) years, begin- ning on the first day of September, 1968, and ending on the 31st day of August, 1988, subject to the term conditions and provisions herein contained. This Lease is made upon and subject to the following covenants, agreements, conditions, provisions and terms to be performed by the parties hereto: , 1. The Lessee shall pay to Lessor a fixed annual rental in the amount of One Dollar ($1.00) which shall be payable in advance on or before the first day of September of each year during the term of this Lease, and shall pay to Lessor the percentage rentals and minimums as hereafter provided. Such fixed rental and the percentage rental and minimums, hereinafter provided for, shall be payable to the Lessor at its office in the Administration Building, Fayetteville, Arkansas, or at such other place or places as the Lessor may hereafter designate in writing to the Lessee from time to time during the term of this Lease. Lessee further covenants and agrees to pay each month during the term hereof to the Lessor, as a percentage rent, in addition to the fixed annual rental hereinabove provided for a sum equal to eight per cent (8%) of all gross revenues derived from aircraft storage, tie downs and aircraft parking fees upon the leased premises. A minimum rental of Eighty Dollars ($80.00) shall be paid each month to the City beginning January, 1970, or whenever new ($80.00) minimum shall facilities are opened for operation, whichever is sooner. be credited from amount actually due each month from the Said eight Eighty Dollars per cent (8%) gros ,, X322. revenues from aircraft storage, tie downs and aircraft parking, but in no case shall the minimum due be less than Eighty Dollars ($80.00). Ellis` The total rentals and other charges hereinabove provided, other than the fixed annual rental, shall be raid by the Lessee not later than the fifteenth (15th) day of each month during the term of this Lease for business transacted during the preceeding month. 2. The Lessee covenants and agrees to keep true and complete records and accounts of the sales and business transacted by the Lessee and to furnish at the time when the percentage rental is paid a true, correct and accurate monthly statement of the total daily sales and the business transacted on the leased premises (showing but not including the amount of sales taxes or similar taxes or impositions) for the previous months business which said statement shall be certified by the Lessee to be correct and complete The Lessor shall have full and free access during all reasonable hours to the books and records of the Lessee of business transacted in, upon, or from the leased premises, including but not limited to, cash register tapes, sales tickets, invoices, and tax returns or reports. The Lessor shall have the right at all reasonable times to examine or audit such books and records, either in person or through its agents or attorneys. The Lessor shall have, and it is hereby give, the right to examine all sales tax reports filed by the Lessee in the office of the Commissioner of Revenues of the State of Arkansas. The Lessee shall furnish the Lessor a copy of an annual verified audit not lat than March 1 of each year for operations on the leased premises. 3. (a). As an additional consideration for this Lease, Lessee covenants that it will, at its sole expense, construct, or cause to be constructed, on the leased land, T -hangars at a cost, exclusive of lane of not less than Forty Thousand Dollars ($40,000.00). Lessee covenants that it will commence constructioi of $$20,000 of T -hangars together with improvements as outlined in 3 (b) no later than September 1, 1969, and will diligently prosecute said construction to completion of the earliest possible -date and in no eves later than January 1, 1970. The remaining $20,000 in T -hangar construction shall be completed by January 1, 1973, together with necessary site improvements called for in 3 (c). (b). Lessee also covenants that it will at its sole expense construct all necessary aprons, taxi strips, access roads and parking areas necessary to complement the beforementioned T -hangar build (c). Detailed plans and specifications for said improvements must be submitted to Lessor not less than thirty (30) days prior to commencement of construction. During said thirty (30) day period, Lessor may either approve or disapprove, in whole or in part, the submitted plans and specifications. Federal Aviation Agency approval will also be required in writing. Construction shall not be commenced until Lessor and FAA have approved the submitted plans and specifications in writing but failure of Lasso to take any action within said thirty (30) day period shall be deemed an approval. Lessee covenants that said improvements will be constructed in exact compliance with the submitted plans and specifications un- less Lessor agrees, in writing, to a deviation therefrom. (d). Lessee further covenants and agrees that it will promptly pay, or cause to be paid, all sums due or claimed to be due third persons for labor done or materials furnished in connection with con- struction or installation of said improvements and that it will not allow any liens of any nature to be filed against or to remain on Lessor's property. If a lien is filed, Lessee agrees that within ten (10) days after being notified thereof it will either: (i) Cause said lien to be discharged, or (ii) Notify Lessor that the claim for which the tien was filed is without merit and that it desires to contest the claim. If Lessee elects to contest the lien claim, it covenants and agrees that it will use its best efforts to expedite such contest to conclusion, and further covenants and agrees that at the time it gives Lessor the notice of election to contest it will post with Lessor a corporate surety bond, written by a company and in a form satisfactory to Lessor, or other adequate security, satisfactory to Lessor, assuring that neither Lessor nor any person, firm or corporation claiming any interest in the property through Lessor, will ever suffer any loss or damage by reason of the lien or claim thereof. 4. (a). It is agreed that all buildings, structures and improvements (and all furniture, fixtures and equipment affixed to the realty or to said buildings, structures and improvements) erected, construct or placed upon the land, shall become the property of the Lessor upon the termination of this Lease and will be surrendered to it at that time, provided that Lessee has not theretofore removed same as permitte in paragraph 4 (b) of this Agreement. Lessee agrees, during the term of this Lease, at its expense to keep all such buildings, structures and improvements in a good state of repair, both inside, outside, and roof, and to deliver them to Lessor at the, termination of this Lease in as good condition as new, reasonable wear and tear excepted. It is further agreed that the Lessor shall at all times during the term hereof have the right, either in person or by their attorney or agent to enter upon the leased premises, and any buildings, structures, or improv ments thereon for the purpose of inspecting the same at any reasonable time. (b). Prior to expiration of this Agreement, Lessee shall have the right to remove all such bu ings, structures, and improvements, except aprons, taxi strips, access roads and parking areas, from the leased premise prior to termination of this lease, but in doing so this lease shall be immediately surre dered and -forfeited. All land shall be left in condition acceptable to the Lessor. The surrendering or forfeiting of this lease by the removal of improvements shall not waive the right of the Lessor to colle any delinquent rentals or other fees then due from the Lessee. 5• None of the property leased nor the buildings nor structures nor improvements constructed upon the leased property shall be subleased without prior written consent of the Lessor. 6. It is understood that Lessee, its customers and invitees shall have preferred aircraft parking at all times during the term of this Lease on any ramps and parking facilities constructed by Lessee on the leased premises. It is distinctly understood, however, that at all times throughout the term of this Lease, they may be used by Lessor without charge and its designees if not needed by Lessee. 7. (a). If the buildings, structures or improvements to be erected or placed on the premises by Lessee shall be wholly or partially destroyed by fire, explosion, act of God, or any other casualty, whet similar or dissimilar to those named, and if such whole or partial destruction materially affects the operation of Lessor's business, either party may terminate this Lease by giving thirty (30) days written notice of termination to the other, unless the Lessee, within ten (10) days of such destruction, notifies the Lessor that it elects at its expense to repair and restore said premises to their condition before th happening of such casualty. r 1 J !M (b). If Lessee elects to renair and restore, this Lease shall continue and remain in full force Lease Agreement and effect and Lessee shall be Lound to proceed to repair and restore said premises to their former con= (Ray Ellis t dition as speedily as is reasonably possible. All provisions of paragraph 3 hereof shall apply to said Continued) repairs and restoration. The rental hereinabove stipulated.to he paid by Lessee, or such proportion ther as may in the circumstances be just, shall by said Lessor be remitted and abated during such time as said buildings or structures shall remain unfit for occupancy. Should Lessee elect to repair and restore and ' then fail to restore said premises to their former condition within 120 days from the happening of the casualty, this Lease may be terminated by Lessor by the giving of ten days written notice to Lessee. 8. Lessee shall, at its sole expense, carry insurance protecting against loss by fire or any other casualty ordinarily included in a fire and extended coverage policy. Such insurance shall be written by a company which is authorized to do such a business in Arkansas and which is acceptable to Lessor; shall be for the full insurable value of the buildings and improvements located on the leased premises at a minimum 80% co-insurance; shall specify that any loss shall be payable to Lessee and to Lessor, as their interests may appear; and a copy of the policy shall be furnished to Lessor, 9• Lessee shall have the right from time to time during the term of this Lease to make such changee alterations, additions, improvements or installations on the demised premises as will, in its judgment, better adapt the same to the purposes of its business, provided the approval of the Lessor is first ob- tained in writing. All such additional improvements, if erected, shall be constructed, operated and maintained strictly in accordance with the general terms and conditions of this lease agreement and gover by all provisions applicable to the original improvements and including prior FAA approval. 10. All machinery, equipment, and trade fixtures installed upon the leased premises by the Lessee ar not affixed to the realty or improvements in such a manner as to damage either by removal shall remain the property of the Lessee. On the termination, surrender or forfeiture of this Lease, the Lessee shall have the right to remove such machinery, equipment and trade fixtures if all rent due to that time has be paid. All other fixtures, furniture, machinery, equipment, buildings, structures and.improvements, in- cluding site improvements as specified in Section 3 (a) and (b), shall remain the property of the Lessor. Lessee shall restore the premises to their former condition following removal thereof. The Lessor shall have, and is hereby given, a lien upon all equipment and fixtures, furniture, machinery, and equipment of the Lessee which may at any time he placed in or upon the leased premises during the term of this Lease ' as security for the payment of rent becoming due hereunder, and performance of other terms and condition: of this lease agreement. All furniture, machinery, equipment and trade fixtures shall be removed no late than thirty (30) days after the expiration or termination of this lease. 11. (a). The Lessee agrees to indemnify and keep, hold and save harmless the Lessor against any claims, expense, loss or liability suffered or sustained as the result of any breach by the Lessee, Lessee's servants, agents, employees, customers, visitors, or licensees of any covenant or condition of this Lease, or as a result of the Lessee's use or occupancy of the demised premises, or the carelessness, negligence) or improper conduct of the Lessee, Lessee's agents, servants, employees, customers, visitors, or licensees, or all other operations of Lessee in, upon and from Drake Field. (b). In this regard, the Lessee shall provide and keep in effect the following insurance in good and solvent insurance companies authorized to do business in the State of Arkansas: (i) Appropriate Workmen's Compensation Insurance; (ii). ,General liability (to include contractual liability and product liability) with limits of not less than $100,000.00 for injury and/or death of one person, $300,000.00 for injuries and/or death in any one accident, and $100,000.00 for property damage in any one accident. (iii) Hangar Keeper's General Liability with limits of $150,000.00 for damages to or loss of any one aircraft and $500,000.00 for all loss or damage in anv occurrence. (iv) The provisions of paragraph 11 (a), (b), including requirements for insurance under (b) (i), (b) (ii), (b) (iii) shall also apply to all operations of Lessee pursuant to provisions of a license agreement dated September A. 1960, between Ray Ellis and the City of Fayetteville. The Lessee hereby agrees to file copies of all such insurance policies or certificates with the Les: Nothing contained herein shall be construed as a limitation of Lessee's liability as set forth in Sectior 11 (a). 12. Lessee covenants and agrees that it will not do or permit anything 'to be done upon or about the leased premises that in anv way interferes with the rights of tenants, owners or occupants of adjoining property, or that conflicts with state, federal or municipal laws, or the rezulations of any denartment, board or bureau thereof, or that creates a nuisance, or that is dangerous to the life or limb or safety of persons on or about the premises, or which in any wap is not directly connected with airport or air transportation operations. 13. Cancellation by Lessor - In the event that Lessee is adjudicated bankrupt or that a court shall take jurisdiction of Lessee and his assets pursuant to proceedings brought under the provisions of any Federal Reorganizations Act, or that a receiver of Lessee's assets shall be appointed, or that Lessee shall be divested of his estate herein by other operation of law, or that Lessee shall fail to perform, keep and observe any of the terms, covenants or conditions herein contained on the part of Lessee to be performed, the Lessor may give the Lessee written notice to correct such dondition or cure such default and, if any such condition or default shall continue for thirty (30) days after the receipt of such noti( by the Lessee, the Lessor may, after the lapse of said thirty (30) days period and prior to correction or curing of such condition or default, terminate this lease by a thirty (30) day written notice; the tee hereby.demised shall thereupon cease,and expire,at the end of such thirtv,(30) days in the same manner and to.the same effect as if it were.the expiration of the original term, but the acceptance of rental by Lessor of any period or periods after a default of any of the terms, covenants and conditions herein contained to be performed, kept and observed by.Lessee, shall not be deemed a waiver of any right on the part of Lessor to cancel this lease for failure.by Lessee so to perform, keep or observe any of the term! covenants, or conditions hereof to be performed, kept or observed. No waiver of default by Lessor of am of the.terms, covenants or conditions hereof to.be performed, kept and observed by Lessee shall be con- strued.to be or act as a waiver of any subseeuent default of any of the terms, covenants and conditions herein contained to be performed, kept and observed by Lessee. 14• The tessee shall have no.�right to assign or sublet this Lease or any part of the leased premise! without the prior written consent of.the Lessor thereto. 15. The Lessee hereby covenants.and agrees.that upon the termination of this Lease by the expir of its term or upon any earlier termination for any reason whatsoever, Lessee will peacefully and qu deliver possession of the leased premises to the Lessor. In the event it becomes necessary for the to institute any action at law to recover possession at the time of any such termination, the Lessee that it will pay all costs and expenses of such action, including a reasonable attorney's fee. A H 324 Ellis, :inued ) on Lng) 16. Lessor agrees to provide Lessee with ample means of ingress to and egress from the leased premi'ees during the term hereof, and further agrees that no improvements or installations will be erected in the vicinity of the leased premises in such manner as to jeopardize or to interfere with the reasonably in- tended use of the leased premises. 17. The Lessee covenants and agrees to observe and obey all rules and regulations which are now in effect or which may hereafter be promulgated, either by the Lessor or by the Federal Aviation Agency, or by any other federal, state or municipal agency or authority having jurisdiction over the operation of t Fayetteville Municipal Airport, 18. Notices to Lessor provided for herein shall be sufficiently sent by certified mail, postage pr paid, addressed to City of Fayetteville, Attention Mayor, City Administration Building, Fayetteville, Arkansas, and notice to Lessee shall be sufficient if sent by certified mail, postage prepaid, addressed to Ray Ellis, Inc., Drake Field, Fayetteville, Arkansas, 19. It is further expressly understood and agreed by and between the parties hereto that in the ev any covenant, condition or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of any such covenant, condition or provision shall in no way affect any ott covenant, condition or provision herein contained; provided, however, that the invalidity of such covens condition or provision does not materially prejudice either Lessor or Lessee in their respective rights and obligations contained in the valid covenants, conditions or provisions in this Lease. 20. It is distinctly understood and agreed that no representation, promise, warranty or agreement has been made between the parties hereto or their agents, except such as is herein expressed, and this Lease constitutes the entire agreement between the parties and supersedes all prior leases, covenants, agreements, understandings and negotiations between the parties respecting the leased premises. 21. The term "Lessor" as used herein, expressly or by reference, shall include the.successors or assigns of the Lessor, and the term "Lessee" whenever used herein, expressly or by reference, shall in- clude the heirs, personal representatives, successors, and shall include assigns and sub -tenants of the Lessee, if the consent of the Lessor be given to an assignment or a sub -letting. 22. The Lessor shall not be liable to Lessee for any damage or act of negligence of any co -tenant or any occupant adjoining the premises hereby let. 23. If this Lease is in full force and effect and Lessee is not in default in any manner, then L shall have, and is hereby given, the option to renew this lease for an additional period of five (5) y beginning at the expiration of the original term at the tent and at such terms and conditions as are a, upon by the parties at the time of exercise of the option. This option must be exercised, if at all, by notice in writing given to Lessor by Lessee not less than six (6) months prior to the end of the original term of the Lease. IN WITNESS, the Lessor and Lessee have by their signatures on the day of , 1968 these terms and conditions. ATTEST: ATTEST: RAY ELLIS, INCORPORATED I SECRETARY PRESIDENT The City Manager introduced and, at the request of the Mayor, read a proposed ordinance in its entirety entitled, " AN ORDINANCE AMENDING 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 R -1B SINGLE FAMILY RESIDENTIAL 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 Christie and passed unanimously. The Ordinance was then read for the second time. No further action was taken at this time and the Ordinance was left on the second reading, se of The City Manager reported that bids had been received and tabulated for street signs and posts, and he signs recommended that all be purchased from the low bidder which was the bid of Sargent Sowell at a total S. cost to the City of $833.00. Director Dunn moved that the City Manager be authorized to purchase.the street signs and posts from Sargent Sowell for $833.00 as recommended. The motion was seconded by Director McFerran and passed unanimously. on BID TABULATION signs Signs and Posts September 30, 1968 s. Traffic Miro VePed Vulcan Sargent Line Item Supplies Flex Co. Traffic Signs Sowell Award 25 No Parking 8 A.M. to 6 P.M. 3.35 1.60 1.82 2.00 45.50 25 No Parking This Side 3.35 1.60 1.65 2.00 41.25 25 No Parking Any Time 3.35 1.60 1.65 2.00 41.25 15 No Parking in Driveway 3.35 1.60 1:65 2.00 24.75 15 No Parking in Alley 3.35 1.60 1.65 2.00 24.75 10 No Right Turn 5.70 3.80 4.95 4.75 47.50 25 Speed Limit 25 5.70 3.80 4.95 4.75 118.75 10 Stop Ahead 7.85 6.00 5.41 6.25 54.10 10 Street Closed 7.85 5.00 5.41 6.25 54.10 5 Fresh Oil 5.05 3.60 3.91 4.50 19.55 10 Dangerous Intersection 7.85 5.00 5.41 6.25 54.10 10 Fayetteville City Limits 4.50 4.76 5.16 5.95 45.00 50 Channel Iron Posts 10 ft. 2.99 4.90 3.15 2.51 4.25 125.50 50 Channel Iron Posts 12 ft. 3.50 5.75 3.88 3.01 4.85 150.50 Delivery 45 da 2-3 wk 3-4 wk 15 da Terms net net net net all or Award of all nothing 20% discount $878.10 $833.00 $846.60 , 1 Resolution No. 29-68 (Tax L ' 1968 < Appoint Al Jones, Act City Manage week of Oct. 1 No 3251 The City Manager read a proposed resolution in its entirety entitled "A RESOLUTION LEVYING A TAX ON THE REAL AND PERSONAL PROPERTY 'WITHIN THE CITY OF FAYETTEVILLE, ARKANSAS, FOR THE YEAR 19683 FIXING THE RATE THEREFOR, AND CERTIFYING SAME TO THE COUNTY CLERK OF WASHINGTON COUNTY, ARKANSAS". Director McFerran moved that the Resolution be adopted. for The motion was seconded by Director Swartz and passed unanimously, whereupon the Mayor declared the Resolution adopted. R/) RESOLUTION NO, 29-68 loeqL�'La� A RESOLUTION LEVYING A TAX ON THE REAL AND PERSONAL PROPERTY WITHIN THE CITY OF FAYETTEVILLE, ARKANSAS, FOR THE YEAR 1968, FIXING THE RATE THEREFOR, AND CERTIFYING SAME TO THE COUNTY CLERK OF WASHINGTON COUNTY ARKANSAS. WHEREAS, in order to provide adequate revenues for continued operation of government, for payments under general obligation bonds, for maintenance of policemen and firemen pension funds, fire protection, park maintenance and capital improvements, it is necessary for the Board of Directors of the City of Fayetteville, Arkansas, to levy a tax for the year 1968 on the real and personal property within the City of Fayetteville, Arkansas, and WHEREAS, on or before the time fixed by law for levying county taxes, the Board of Directors of the City of Fayetteville, Arkansas, is authorized by Ark. Stats. Ann. Section 19-4501 (1947) to make out and certify to the County Clerk the rate of taxation levied by the City on the real and personal property within the city. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That a tax is hereby levied upon the real and personal property within the City of Fayetteville, Arkansas, for the year 1968, to be collected in 1969, for the following purposes and rate: Purpose Lev. General Government 5.0 mills General Obligation Bond Fund 4.0 mills Policemen's Pension Fund 1.0 mills Firemen's Pension Fund 1.0 mills Fire Protection 3.7 mills Park Maintenance .3 mills Capital Improvements 1.0 mills Total 71,0 �Mills SECTION 2. That the tax so levied and the rate provided therefor are hereby certified to the County Clerk of Washington County, Arkansas, to be placed in the tax book by the County Clerk and collected in the same manner that State and County taxes are collected. . SECTION 3. That the City Clerk is hereby authorized and directed to file certified copies of the within resolution in the offices of the County Clerk, and the County Assessor and the County Collector in and for Washington County, Arkansas. PASSED AND APPROVED THIS 30th day of September, 1968. APPROVED MAYOR DON TRUMBO The City Manager reported that he could be out of the City during the week of October 7 to 11, inclusive, and he recommended that the City Controller A1bertJ. Jones be appointed to act as City Manager during his absence.. Director Melton moved that the City Controller Albert J. Jones be authorized to act as City Manager during the absence of the City Manager October 7 to 11, inclusive. The motion was seconded by Director Kerlin and passed unanimously. Mr. A. 0. White appeared before the Directors with reference to Ordinance No. 1603, which authorized the on vacating and abandoning of a portion of an alley in Putman's Addition to the City of Fayetteville, Arkans He stated that some of the property owners on the other end of the alley were not notified about the pe- tition to vacate the portion of the alley and he objected to the type of buildings proposed to be built on this alley. After a long discussion Director Dunn moved to reconsider Ordinance No. 1603.. The motion was defeated for lack of a second. There being no other business, Director McFerran moved to adjourn. The motion was seconded by Director Kerlin and passed unanimously, whereupon the Mayor declared the meeting adjourned. APPROVED: ATTEST�DON TRU 0, MAYO GEORGE JC/D.4 S, CITY CLERK is.