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HomeMy WebLinkAbout1968-11-04 Minutes334 tion 5. That it is the intention of this body that the General Neighborhood Renewal Plan will be used to (Cont,) the fullest extent feasible as a guide for the provision of public improvements in the General Neighborho Renewal Area and that the Plan will be considered in formulating codes and other regulatory measures of affecting property in such Area and in undertaking other local governmental activities pertaining to the development, redevelopment, and rehabilitation of the Area. rized 6. That the filing of an application of the Housing Authority of the City of Fayetteville, Arkansas an advance of funds from the United States to enable it to defray the cost of preparing a General hborhood Renewal Plan for the proposed General Neighborhood Renewal Area described above is hereby 7. That Resolutions No. 27-66 of October 17, 1966; No. 3-67 of February 6, 1967; and No. 28-68 of eptember 25, 1968 are hereby in all respects rescinded. PASSED AND APPROVED this 14th day of October, 1968. APPROVED: DON TRUMB , MAYOR act The City Manager read a proposed contract between the City of Fayetteville, Arkansas, and Consulting Engih J. E. J. E. McClelland for professional services in the development of the Fayetteville Industrial District and lland he recommended the approval of the contract. Director Dunn moved to accept the recommendation of the City Manager and approve the Contract with J. E. McClelland, Consulting Engineer, for the development of the Fayetteville Industrial District, and that the Mayor and City Clerk be and they are hereby authorized to execute the Contract. The motion was seconded by Director Swartz and passed unanimously. There being no further business, Director Christie moved to adjourn. The motion was seconded by Director Dunn and passed unanimously, whereupon the Mayor declared the meeting APPROVED: DON TRUMBO, MAYOR Regular The Board of Directors of the City of Fayetteville, Arkansas, met in regular session on Monday, November Meeting. in the Directors Room in the City Administration Building at 7:30 P. M. Present: City Manager Gerald G. Fox, City Clerk George J. Davis, City Attorney Hugh Kincaid, and T.J.Keith, Directors: Swartz, McFerran, Melton, Christie, and Dunn. ewsl Rep. Absent: Director and Mayor Don Trumbo. N.WLTimes Absent at roll call but later entering: Director James Kerlin. als1 present. In the absence of Mayor Don Trumbo, Assistant Mayor Sylvia Swartz acted as Mayor, minutes of the regular meeting on Monday, October 14, 1968, and of the special meeting on Friday, ober 18, 1968, copies of which had previously been mailed to each of the Directors, were approved as tten. The City Manager presented the petition of John A,"Jack" Roberts to rezone certain property located at the Southwest Corner of Leverett Avenue and Eagle Street from R-3, Multi -Family District to C-2 Thoroughfare Commercial District, which had been approved by the Planning Commission. After a brief discussion, the City Manager introduced and, at the request of the Acting Mayor, read a Ordinance proposed ordinance in its entirety for the first time entitled, "AN ORDINANCE AMENDING ZONING ORDINANCE No! 1627 N0, 1239, AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED MAY 28, 1962, AS AMENDED TO REZONE CERTAIN REAL ESTATE FROM R-3, MULTI -FAMILY RESIDENTIAL DISTRICT TO C-23 THOROUGHFARE COMMERCIAL DISTRICT". Director Christie moved that the rule be suspended and that the Ordinance be placed on the second reading. The motion was seconded by Director Swartz and upon roll call the following vote was recorded, "Aye" Swartz, McFerran, Melton, Christie, and Dunn. "Nay" None. There being Five "Ayes" and No "Nays", the Acting Mayor declared the motion passed. The Ordinance was then read for the second time. Director Christie 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 Melton and upon roll call the following vote was recorded, "Aye" Swa: McFerran, Melton, Christie, and Dunn. "Nay" None. There being Five "Ayes" and No "Nays", the Acting Mayor declared the motion passed. The Ordinance was then read for the third and last time. The Acting Mayor then declared the Ordinance open for discussion. There being no discussion, the Acting Me asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded, "Aye" Swartz, McFerran, Melton, Christie, and Dunnj "Nay" None. There being rive "Ayes" and No "Nays", the Acting Mayor declared the Ordinance passed. ORDINANCE NO. 1627 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 12393 AND REVISED ZONING DISTRICT ivL4P OF FAYETTEVILLE, ARKANSAP APPROVED MAY 28, 1962, AS AMENDED M REZONE CERTAIN REAL ESTATE FROM R-32 MULTI -FAMILY RESIDENTIAL DISTRI TO C-21 THOROUGHFARE COMMERCIAL DISTRICT. WHEREAS, a public hearing was held before the Planning Commission of the City of Fayetteville, Arkan on October 15, 1968, on the petition of John A. "Jack" Roberts requesting that said Planning Commission r ommend to the Board of Directors of the City of Fayetteville, Arkansas, that the Board of Directors enact ordinance rezoning the following described property, presently zoned R-3 Multi -Family Residential Distric to C-2 Thoroughfare Commercial District, to -wit: Lot Numbered One (1) and Two (2) and the North Half (N 1/2) of Lot Numbered Three (3) in Block Sixteen (16) Rose Hill Addition to the City of Fayetteville, Arkansas, as per Plat of said Addition on file in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas. and, 1968, L ;z, RM Ordinance WHEREAS, notice of said public hearing, setting forth the date, time, place and purposes of said No. 1627 hearing and location of the property was published in the Northwest Arkansas Times, a newspaper of gen- '(Continued) eral circulation in said City, more than 15 days prior to said public hearing „ and WHEREAS, following said public hearing, the Planning Commission certified to the Board of Directors of the City of Fayetteville, its recommendation that an ordinance be adopted rezoning the above-described ' property, presently zoned R-3, Multi -Family Residential District, to C-2, Thoroughfare Commercial Distric . NOW, THEREFORE, BE IT ORDAINED BY THE MART) OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION'l. That the above-described property, which is presently zoned R-3, Multi-Famil1• District, be and the same is hereby rezoned to C-2, Thoroughfare Commercial District, SECTION 2. That all ordinances or parts of ordinances in conflict herewith are hereby repealed, this ordinance shall be in full force and effect from and after its passage, approval and publication. PASSED AND APPROVED this 4th day of November, 1968. APPROVED: ATTEST: ASSISTA.'T MAYOR SYLVI S4iARTZ, A G MAYOR GEORGE J DAVIS, CITY CLERK // Director Kerlin entered at this time and was noted by the Clerk. Rezoning Petition of James The City Manager presented the petition of James Fletcher to rezone certain property on Highway 16 East Fletcher tabled. next to the Animal Hospital from A-1 to C-2 which had been approved by the Planning Commission by a five to three vote. After a long discussion Director Melton moved to table this petition until the Land Use Plan is available. The motion was seconded by Director Dunn and upon roll call the following vote was recorded: "Aye" Kerlin, Swartz, McFerran, Melton, and Dunn. "Nay" Christie. There being five "Ayes" and only one "Nay", the Acting Mayor declared the motion passed. ' The City Manager presented the petition of James Lindsey to rezone certain property from A-1 and 0-1 to C-22 R-3 and R -IB, located on North 71 Highway and containing approximately 125 acres, which had been approved by the Planning Commission, The City Manager introduced and, at the request of the Acting Mavor, read a proposed ordinance in its Ordinance No. entirety for the first time entitled, 11 AN ORDINANCE AMENDING ZONING ORDINANCE N0, 1239, AND REVISED 1628 ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED MAY 28, 1962, AS AMENDED, TO REZONE CERTAIN REAL ESTATE FROM 0-1 OPEN LAND DISTRICT AND A-1 ANNEXED TERRITORY DISTRICT TO R -1B SINGLE FAMILY RESIDENTIAL DISTRICT, R-3 ,MULTI -FAMILY RESIDENTIAL DISTRICT AND 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 Melton and passed unanimously. The Ordinance was then read for the second time. Director Melton 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 McFerran and passed unanimously. The Ordinance was then read for, the third and last time. The Acting Mayor then declared the Ordinance open for discussion. There being no discussion the Acting Mayor asked a question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye" Kerlin, Swartz, McFerran, Melton, Christie, and Dunn. "Nay" none. There being six "Ayes" and no "Nays" the Acting Mayor declared the Ordinance passed. ORDINANCE NO. 1628 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 12393 AND REVISED ZONING DISTRICT MAP OF FAYETTE'VILLE, ARKANSAS, APPROVED MAY 28, 1962, AS AMENDED, TO REZONE CERTAIN REAL ESTATE FROM 0-1 OPEN LAND DISTRICT AND A-1 ' ANNEXED TERRITORY DISTRICT TO R -IB SINGLE FAMILY RESIDENTIAL DISTRICT, R-3 MULTI -FAMILY RESIDENTIAL DISTRICT AND C-2 THOROUGHFARE ODMMERCIAL DISTRICT. WHEREAS, a public hearing was held before the Planning Commission of the City of Fayetteville, Arkansas, on October 15, 1968, on the petition of James E. Lindsey, an individual, The James E. Lindsey Trust, and General Management Corporation, requesting that the Board of Directors enact an ordinance rezoning the property hereinafter designated as Tract Numbered 1 from 0-1 Open Land District and A-1 Annexed Territory District to C-2 Thoroughfare Commercial District; Tract Numbered 2 from A-1 Annexed Territory District to R-3 Multi -Family Residential District; and Tract Numbered 3 from A-1 Annexed Terri- tory District to R -1B Single Family Residential District. Said Tracts are described as follows: 1 TRACT NUMBERED 1: All that part of the North 1,020 feet of the Southeast Quarter of the North East Quarter and the North West Quarter of the South East Quarter lying 'nest of United States Highwav 71; and the East 208.71 feet of the North 1,020 feet of the South East Quarter of the Southwest Quarter, and the East 808.71 feet of the South 693.87 feet of the North East Quarter of the South Wesarter, all in Section 23, Township 17 North, Range 30 West, Washington County, Arkansas. � TRACT NUMBERED 2: Commencing at a point which is 300 feet North and 208.71 feet West of the Southeast corner of the South East Quarter of the Southwest Quarter of Section 23, running thence North to the North Boundary Line of the North East Quarter of the Southwest Quarter of said Section 23, thence West 400 feet, thence South 2,340 feet, thence East 400 feet to the point of..beginning, all in Town- ship 17 North, Range 30 West in Washington County, Arkansas, TRACT NUMBERED 3: The West 711.29 feet of the North 2340 feet of the East Half of the Southwest Quarter of Section 23, Township 17 North, Range 30 West, in Washington County, Arkansas. and, WHEREAS, notice of said public hearing, setting forth the date, time, place and purposes of said hearing and location of the property was published in the Northwest Arkansas Times, a newspaper of general circulation in said City, more than 15 days prior to said public hearing, and WHEREAS, following said public hearing, said Planning Commission certified to the Board of Director of the City of Fayetteville, its recommendation that an ordinance be adopted rezoning the above -describe Tract Numbered 1 from 0-1 Open Land District and A-1 Annexed Territory District to C-2 Thoroughfare Com- 336 1628 mercial District; Tract Numbered 2 from A-1 Annexed Territory District to R-3 Multi -Family Residential District; and Tract Numbered 3 from A-1 Annexed Territory District to R -1B Single Family Residential Di NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the above-described Tract Numbered 1, presently zoned 0-1 Open Land District and A-1 Annexed Territory District, be and the same is hereby rezoned to C-2 Thoroughfare Commercial District That the above-described Tract Numbered 2, presently zoned A-1 Annexed Territory District, be and the same is hereby rezoned to R-3 Multi -Family Residential District. That the above-described Tract Numbered 3, presently zohed A-1 Annexed Territory District, be and the same is hereby rezoned to R -1B Single Famil District, SECTION 2. That all ordinances or parts of ordinances in conflict herewith are hereby repealed, and this ordinance shall be in full force and effect from and after its passage, approval and publication. PASSED AND APPROVED this 4th day of November, 1968. APPROVED ATTEST: I/ ASSI yANNGT MAYOR /gSYLVIA SUARTZ3 ACTING MAYO GEORGE JV DA S, CITY CLERK The City Manager presented the petition of Carl Ferguson to rezone certain property on Rolling Hills nance Drive in Oaks manor Addition from R -IB to P-lA which had been approved by the Planning Commission. 1629 After a brief discussion the City Manager introduced and at the request of the Acting Mayor read a pro- (posed ordinance in its entirety entitled, "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239, AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE) ARKANSAS, APPROVED MAY 282 1962, AS AMENDED, TO REZONE CERTAIN REAL ESTATE FROM R -1B, SINGLE FAM•?ILY RESIDENTIAL DISTRICT, TO P -IA, SPECIAL CHURCH DISTRICT". Director Christie 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. Director Christie then moved that the rule be further suspended and 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 Acting Mayor then declared the Ordinance open for discussion. There being no discussion, the Acting Mayor asked a question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye" Kerlin, Swartz, McFerran, Melton, Christie, and Unn. "Nay" none. here being six "Ayes" and no "Nays" the Acting Mayor declared the Ordinance passed. ORDINANCE N0, 1629 ORDINANCE AMENDING ZONING ORDINANCE NO. 1239, AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARK. ROVED iiAY 28, 1962) AS AMENDED, TO REZONE CERTAIN REAL ESTATE FROM R -1B, SINGLE FAMILY RESIDENTIAL TRICT, TO P -IA, SPECIAL CHURCH DISTRICT. WHEREAS, a public hearing was held before the Planning Commission of the City of Fayetteville, Ark- s, on October 15, 1968, on the petition of Carl R. Ferguson, requesting that said Planning Commission mmend to the Board of Directors of the City of Fayetteville, Arkansas, that the Board of Directors t an ordinance rezoning the following described property, presently zoned R -1B Single Family Resi- ial District to P-lA, Special Church District, to -wit: Lots Numbered 4, 5, 6 and part of Lot 7 in Block Numbered 5 in Oaks Manor Subdivision to the City of Fayetteville, Washington County, Arkansas. ,., WHEREAS, notice of said public hearing, setting forth the date, time, place and purposes of said wring and location of the property was published in the Northwest Arkansas Times, a newspaper of genera rculation 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 the City of Fayetteville, its recommendation t}at an ordinance be adopted rezoning the above-described )perty, presently zoned R -1B, Single Family Residential District, to P-lA, Special Church District. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the above-described property, which is presently zoned R -1B, Single Family Resident strict, be and the same is hereby rezoned to P-lA, Special Church District. SECTION 2. That all ordinances or parts of ordinances in conflict herewith are hereby repealed, and his ordinance shall be in full force and effect from and after its passage, approval -and publication. PASSED AND APPROVED this 4th day of November, 1968. APPROVED: TTEST: ,� e ASSI ANT MAYOR SYLVIA SW.kRTZj ACTING MA GEORGE J DA , CITY CLERK The City Manager presented the petition of Frank Giles to rezone certain property in Giles Addition on lorene Street from A-1 to R-2 which had been approved by the Planning Commission, nance fter a brief discussion the City Manager introduced,and at the request of the Acting Mayor, read a pro - 1630 osed ordinance in its entirety for the first time entitled, "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 112399 AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED MAY 282 19622 AS AMENDED, TO REZONE CERTAIN REAL ESTATE FROM A-1, ANNEXED TERRITORY DISTRICT TO R-21 TWO FA14ILY RESIDENTIAL DISTRICT". Director Melton moved that the rule be suspended and that the Ordinance be placed on the second reading. (Phe motion was seconded by Director Dunn and passed unanimously. he 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 (McFerran and passed unanimously. The Ordinance was then read for the third and last time. The Acting Mayor then declared the Ordinance open for discussion. There being no discussion, the Acting ayor asked a question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye" Kerlin, Swartz, McFerran, Melton, Christie, and DL "Nay" none. There being six "Ayes" and no "Nays" the Acting Mayor declared the Ordinance passed. i 3371 ORDINANCE NO, 1630 Ordinance AN ORDINANCE AMENDING ZONING ORDINANCE NO, 1239, AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSA No. 1630 APPROVED MAY 28, 1962, AS Af•RiDED, TO REZONE CERTAIN REAL ESTATE FROM A-1, ANNEXED TERRITORY DISTRICT TO (Continued) R-21 TWO FAMILY RESIDENTIAL DISTRICT. ' WHEREAS, a public hearing was held before the Planning Commission of the City of Fayetteville, Ark- ansas, on October 15, 1968, on the petition of Frank D. Giles, requesting that said Planning Commission recommend to the Board of Directors of the Cite of Fayetteville, Arkansas, that the Board of Directors enact an ordinance rezoning the following described property, presently zoned A-1 Annexed Territory Distr to R-2, Two Family Residential District, to -wit: Beginning at a point 35 feet West and 20 feet South of the Northeast corner of the Northeast Quarter (NE 1/4) of the Northwest Quarter (N14 1/4) of Section 7, Township 16 North, Range 30 West, thence South 186 feet, thence West 160 feet, thence North 186 feet, thence East 160 feet to the point of beginning. WHEREAS, notice of said public hearing, setting forth the date, time, place and purposes of said earing and location of the property was published in the Northwest Arkansas Times, a newspaper of ge irculation in said city, more than 15 days prior to said public hearing, and WHEREAS, following said public hearing, the Planning Commission certified to the Board of Directors the City of Fayetteville, its recommendation that an ordinance be adopted rezoning the above-described perty, presently zoned A-1, Annexed Territory District, to R-2, Two Family Residential District, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE) ARKANSAS: SECTION 1. That the above-described property, which is presently zoned A-1, Annexed Territory District, be and the same is hereby rezoned to R-2, Two Family Residential District. ' SECTION 2. That all ordinances or parts of ordinances in conflict herewith are hereby repealed, and this ordinance shall be in full force and effect from and after its passage, approval and publication. PASSED AND APPROVED this 4th day of November, 1968. APPROVED: ASSISTA, MAYOR SYLVIA SWARTZ, ACTIN MAYOR The City Manager introduced and read a proposed ordinance in its entirety for the first time entitled, Ordinance "AN ORDINANCE ACCEPTING TERRITORY ANNEXED TO THE CITY OF FAYETTEVILLE, ARKANSAS; ASSIGNING SAID TERRI= No, 1631 TORY TO WARDS, AND FOR OTHER PURPOSES!', Director Dunn 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 sedond time. Director Christie 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 Acting Mayor then declared the Ordinance open for discussion. There being no discussion, the Acting Mayor asked a question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye" Kerlin, Swartz, McFerran, Melton, Christie, and Dunn. "Nay" none. There being six "Ayes" and no "Nays" the Acting Mayor declared the Ordinance passed. ORDINANCE NO. 1631 AN ORDINANCE ACCEPTING TERRITORY ANIIEXED TO THE CITY OF FAYETTEVILLE,.kARKANSAS; ASSIGNING SAID TERRITORY TO WARDS, AND FOR OTHER PURPOSES. Yr•HEREAS, the County Court of Washington County, Arkansas, did on Sentember 23, 1968, make an order annexing the following described territory to the Cite of Fayetteville, Arkansas, to -wit: TRACT A The Northwest Quarter (N"W 1/4) of the Northeast Quarter (NE 1/4) of Section twenty-five (25), Township Sixteen (16) North, Range Thirt„v-one (31) West, containing forty (40) acres, more or less. TRACT B Part of the Northeast Quarter (NE 1/4) of the Northwest Quarter (NW.1/4) of Section 25, Township 16 North, Range 31 West, described as follows: Beginning at the Northeast (NE) corner of the Northeast (NE) Quarter (1/4) ofothe Northwest Quarter (NW 1/4) of Section 25, Township 16 North, Range 31 West, running South Six Hundred Eleven feet (611), thence West Two Hundred Forty-five (245) feet, thence North Six Hundred Eleven (611) feet to the Section line; thence East Two Hundreed Forty-five (245) feet to the point of beginning, containing 3.43 acres, more or less. and, WHEREAS, the County Clerk of Washington County, Arkansas, has forwarded a transcript of said pro- ceedings to -the Board of Directors of the City of Fayetteville, Arkansas, and WHEREAS, more than thirty days have elapsed since the date of said order and no proceeding has been instituted in the Circuit Court to prevent said annexation and no notice thereof has been given as requi by law. ' NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the Annexation of the above-described territory to the corporate limits of the Cit of Fayetteville, Arkansas, be and the same is hereby accepted, and all of said territory is hereby assig to and made a part of Ward 1 of the City of Fayetteville, Arkansas, SECTION 2. This Ordinance shall be in full force and effect immediately upon passage, approval, and publication. PASSED AND APPROVED this 4th day of November, 1968., APPROVED: kJ/a�va� o ASSI�iT MAYOR S -LVIA� SIHARTZ, AC64G MAYORI AYOR S -LVIA� SIHARTZ, AC dG MAYOR ATTEST:- _ -- , 338 lution The City Manager read a proposed resolution on Municipal Financing Legislation. 34-68 Director Christie moved that the Resolution be adopted. The motion was seconded by Director McFerran and passed unanimously, whereupon the Acting Mayor declared the Resolution adopted. RESOLUTION N0. 34-68 'n''rIEREAS, recognizing the increased.need for local governments to be able to respond to the public demands for adequate municipal.services, and WHEREAS, recognizing the fact that under our present laws the abilities of municipal governments to respond to these requests for increased services are severely limited, and WHEREAS, recognizing that the six states bordering Arkansas have all allowed their municipalities certain broad based taxing powers which are optional and dependent upon a favorable vote of the resident of the municipalities; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That this city inform the Arkansas General Assembly that the cities of Arkansas are facing a financ. crisis and request the General Assembly to authorize municipalities optional broad based taxing powers and recognize by statute that the citizens of our cities have the good judgment to determine for themsel whether or not they wish to impose local taxes for local purposes. PASSED AND APPROVED this 4th day of November, 1968. �% /f APPROVED /y�/L ��tNye ATTEST:ASSI ANT MAYOR SYLVIA SSARTZ, ACTING MAYOR GEORGE�D IS�, CITY CLERK The City !Manager recommended certain amendments to Fixed Base Operators Lease Agreements which were ndments September 30, 1968. Airport Director Melton moved to accept the recommendation of the City Manager and approve the Amendments to .se Base Operators Lease Agreements. . eement The motion was seconded by Director Kerlin and passed unanimously. The Amendments to the Lease Agreements were spread on the minutes and reads as follows: FIRST AMENDMENT LEASE AGREEMENT WHEREAS, a Lease Agreement was executed between the City of Fayetteville, Arkansas, a municipal corporation, (herein called Lessor) and NoArk Commander Aviation, Inc. (herein called Lessee) on Septemb 30, 1968; and WHEREAS, The Federal Aviation Agency has recuested that certain additions be made to this lease, WITNESSETH THAT the following additions and changes be made a part of the September 30, 1968 Lease Agreement between the City of Fayetteville, Arkansas and NoArk Commander Aviation, Inc. 26. The Lessee agrees: (a) to furnish good, prompt and efficient service adequate to meet all the demands for its service at the airport. (b) to furnish said service on a fair, equal and non -discriminating basis to all users thereof. (c) to charge fair, reasonable and non -discriminating prices for each unit of sale or service. Provided that the Lessee may be allowed to make reasonable and non -discriminating discounts, rebate or other similar types of price reductions to volume purchases. 27. It is mutually agreed and understood that nothing contained herein shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 (a) of the Federal Aviation Act of 1958. 28. During time of war or national emergency, the Lessor shall have the right to lease the leased premi$es or any part thereof to the United States government for military or naval use, and, if any such lease is executed, the provisions of this lease insofar as they are inconsistent with the provisions of the lease to the government, shall be suspended. In Witness, the Lessor and Lessee have by their signatures approved these terms and conditions this 4th day of November, 1968. CITY OF FAYETTEVILLE, ARKANSAS - - ATTEST: ASt4ST� MAYOR AYLVIA SWARTZJ ACTING MAYOR GEORGE J.cDAVIS, CITY CLERK ATTEST: SECRETARY FIRST AMENDMENT NOARK COMMANDER AVIATION, INC. PRESIDENT LEASE AGREEMENT WHEREAS, a Lease Agreement was executed between the City of Fayetteville, Arkansas, a municipal corporation, (herein called Lessor) and Ray Ellis, Inc. (herein called Lessee) on September 30, 1968; and WHEREAS, the Federal Aviation Agency has requested that certain additions be made to this lease, WITNESSETH THAT the following additions and changes be made a part of the September 30, 1968 Lease Agreement between the City of Fayettevill, Arkansas and Ray Ellis, Inc.: 3391 Amendments to 26. The Lessee agrees: Lease Agreement (a) to furnish good, prompt and efficient service adequate to meet all the demands for its service at the airport. (b) to furnish said service on a fair, equal and non -discriminating basis to all users thereof. (c) to charge fair, reasonable and non -discriminating prices for each unit of sale or service. Pro- vided that the Lessee may be allowed to make reasonable and non -discriminating discounts, rebates or other similar types of price reductions to volume purchases. 27. It is mutually agreed and understood that nothing contained herein shall be construed to grant oi-, authorize the granting of an exclusive right within the meaning of Section 308 (a) of the Federal Aviation Act of 1958. During time of war or national emergency, the Lessor shall have the right to lease the leased premi or any part thereof to the United States government for military or naval use, and, if any such lea is executed, the provisions of this lease insofar as they.are inconsistent with the provisions of t lease to the government, shall be suspended. Witness, the Lessor and Lessee have by their signatures approved these terms and conditions this 4th of November, 1968, s CITY OF FAYETTEVILLE, ARKANSAS _ D RAY ELLIS, INC. SECRETARY PRESIDENT ' There being no further business Director Melton moved to adjourn. The motion was seconded by Director Kerlin and passed unanimously, whereupon the Acting Mayor declared the meeting adjourned. APDROVED: ��' ` >Z6. za �L ATTEST: ASSIST MAYOR SYLVIA SWARTZ, AC .dG MAYOR GEORGE J. AVI,eCITY CLERK Regular Meeti g The Beard of Directors of the City of Fayetteville, Arkansas, met in regular session on Monday, November 18, 1968, in the Directors Room in the City Administration Building at 7:30 P. M. T. J. Keith, News Rep. Present: Acting City Manager Albert J. Jones, City Clerk George J. Davis, City Attorney Hugh Kincaid, iv'. W. Times, also and Directors: James T. Kerlin, Sylvia Swartz, Garland Melton, Jr., and Don Trumbo. present Absent at roll call but later entering: Director Arnold Christie. Absent: City Manager Gerald G. Fox, and Directors: Joe McFerran and Dale Dunn. It was noted that Director Joe McFerran was in the hospital due to injuries received in a car accident and all present expressed their sympathies and wishes for a speedy recovery. Assistant Mayor Sylvia Swartz presided at the meeting although Mayor Don Trumbo was present. .\ 3 The minutes of the regular meeting on Monday, November 4, 1968, a copy of which had previously been mailed to each of the Directors, were approved as written, Acting City Manager, Albert J. Jones, presented Aministrative Memo #124, a portion of which was spread on the minutes, and reads as follows: 'Appointed Dr. Chas. Commission Appointments Oxford NW Arkansas Dr. James Green has requested that he be relieved of his position on the Northwest Arkansas Regional Regional Pla ing Planning Co..rmission. Dr. Green's term expires on December 31, 1970, and his nosition was originally Commission conceived as being held by a representative of the University. I would recommend that Dr. Charles Oxford be appointed to fill the unexpired term of Dr. Green to expire on Deccnber 31, 1968. Dr. Mullins concurs in this appointment. Further, the Board should officially recognize,,. the work of Dr. Green on the Comm- ission and instruct the City Manager to indicate such to Dr. Green. Director Melton moved to accent the recommendation of the City Manager and appoint Dr. Charles Oxford to the Northwest Arkansas Regional Planning Commission vice Dr. James Green, his term of office expiringp on December 31, 1968, and that the City Manager be instructed to write a letter of appreciation to Dr. G The motion was seconded by Director Kerlin and passed unanimously. In Administrative Memo #124 the following recommendation was made: Part IV Date for public hearing Referendum Petition Ordinance 1625 Referendum Petition Petitions requesting a referendum on Ordinance 1625 were presented to the City Clerk on November 4. Che ing of signatures will be completed shortl„v. Ordinance 588 requires a hearing on sufficiency of petitic to he published at least five days prior to the hearing date. It is recommended that the Board hold suc public hearing on December 2, 1968, irstrucing the City Clerk to publish a notice at least five days pri to the hearing date. Ordinance 1625 concerns rezoning of property at the corner of Cleveland and Hall S Director Kerlin moved to accent the recommendation of the City Manager and hold a public hearing on the Referendum Petition on Ordinance #1625, passed and approved October 14, 1968, on Monday, December 2, 196E at a regular meeting of the Board of Directors at 7:30 p.m., and that the City Clerk, be and he is, herel authorized and directed to cause a notice of said public hearing to be published in the Northwest Arkansa ' Times, a daily newspaper, published in Washington County, Arkansas, and having a general circulation in the City of Fayetteville, Arkansas, not less than five days prior to the date set for the public hearing. The motion was seconded by Director Melton and passed unanimously. The City Attorney read a proposed resolution in its entirety entitled, i,A RESOLUTION AUTHORIZING AND Resolution No. 35-68 DIRECTING THE CONDEvITATION OF EASEMENTS IN CERTAIN LANDS IN WASHINGTON COUNTY, ARKANSAS, FOR USE IN CONSTRUCTION, OPERATION ANP MAINTENANCE OF AN 18 -INCH FORCED SE<tR MAIN AND 12 -INCH GRAVITY SEWER MIN, IN, WPC -ARK 216, AND APPURTENANCES THERETO".