Loading...
HomeMy WebLinkAbout1969-01-20 MinutesDirector Starr moved that the Mayor and City Clerk be, and they are, hereby authorized to execute the subdivider's contract for Ramsey Addition, being more particularly described as follows, to -wit: Authorize Subdivider's A tract of land being a part of the NE 1/4 of the NE 1/4 of Section 10, Township 16 North, Range contract for Ramsey 30 West of the 5th Principal Meridian, more particularly described as follows: ' Addition Beginning 647.75 feet East of the NW corner of foresaid NE 1/4, thence S Oo 30' W, 914.90 feet; thence N 740 31' E, 142.58 feet; thence N 696 57' E, 107.85 feet; thence N Oo 30' E, 840.1 feet; thence West, 238.4 feet to the point of beginning, and containing 4.81 acres, more or less. The motion was seconded by Director Swartz and passed unanimously. City Engineer The City Manager recommended that the City Engineer Claude R. Starr be authorized to co-sign checks and Claude R. Starr city vouchers until a new City Manager is appointed. authorized to Director Swartz moved to accept the recommendation of the City Manager and that the City Engineer Claude co-sign checks R. Starr be, and he is, hereby authorized to'co-sign all checks and city vouchers until.a new City Manag is appointed and assumes his office. The motion was seconded by Director Starr and passed unanimously. The City Manager recommended that the meters in the off street parking lot on East Avenue, directly behi, Change parking Guisinger's Music Shop, be changed from 10 hours for 50 cents to 10 hours for 25 cents. meter combination Director Dunn moved that the combination of the parking meters be -changed as recommended by the City off street to Manager. The Motion was seconded by Director Jones and passed unanimously. There being no further business, Director McFerran moved to adjourn. The motion was seconded by Director Lancaster and passed unanimously, whereupon the Mayor declared the meeting adjourned. APPROVED: ATTEST: C. G. MELTON, JR ./, MAYOR MARILYN ORE, CITY CLERK ' I The Board of Directors of- the City of Fayetteville, Arkansas, met in regular session on Monday, January 20, 1969, in the Directors Room in the City Administration Building at 7:30 P.M. Present: City Manager C. All policies should be approved by the Board of Directors. The City Manager shall be instructed to formulate and distribute policies. The Board further recognizes that, should any Director in private conversation with others, make commitments for the Board of Directors, that Director becomes involved in a serious breach of policy which might disrupt the entire organization. Therefore, members shall refrain from acting as spokesman for the Board except in cases authorized by the Board. ' D -It shall be the policy of the Board of Directors to refrain, as individuals, from discuss- ing management problems with the personnel of the City except in cases where the Board of Directors may deem it necessary to confer with personnel at regular or special meetings of the Board, and then in the presence of the City Manager. E. It shall be distinctly understood that authority for the management of the City shall pass through the City Manager and that he shall be the only official contact between the Board of Directors and employed personnel. The Board of Cirectors shall require full and complete information from the City Manager concerning all matters in connection with the management of the City as set forth in Board policies. Gerald G. Fox, City Clerk Marilyn Moore, City Attorney Richard Wells, and Directors Gerald Jones, Mrs,. Sylvia Swartz, Joe McFerran, Garland Melton, Jr., Ernest Lancaster, Jon Larry Starr, and Dale Dunn. Absent: None. Representatives of the press were also present. The minutes of the regular meeting on Monday, January 6, 1969, a copy of which had previously been mailer to each of the Directors, were approved as written. The City Manager read a proposed resolution in its entirety entitled "A RESOLUTION ESTABLISHING THE POLI, GOVERNING THE- RELATIONSHIP BETWEEN THE BOARD OF DIRECTORS AND THE CITY MANAGER, INCLUDING DELEGATION OF CERTAIN AUTHORITY".which had been discussed at the last regular meeting of the Board of Directors on Monday, January 6, 1969. Director Starr moved that the Resolution as presented by the City Manager be adopted. The motion was seconded by Director Dunn and upon roll call the following vote was recorded: "Aye" Jone Resolution 1-69 Swartz, McFerran, Melton, Lancaster, Starr and Dunn. "Nay"" none. There being seven "Ayes" and no "Nays'";,; the Mayor declared the Resolution adopted. RESOLUTION 1-69 A RESOLUTION ESTABLISHING THE POLICY GOVERNING THE RELATIONSHIP BET`i1EEN THE BOARD OF DIRECTORS AND THE CITY MANAGER, INCLUDING DELEGATION OF CERTAIN AUTHORITY.. WHEREAS, in the interest of efficient and effective operation of City government it is necessary to establish the policy governing the basic relationship between the Board of Directors and the City Manager, including the delegation of authority for decisions, and ' WHEREAS, the Board wishes to re-emphasize its desire to encourage greater public participation in the workings of its City government, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the Board of Directors recognizes, establishes and maintains the following guide- lines in its relationship with the City Manager. A. It is recognized that good management is the most important factor to the success of the City. In exercising its management responsibilities, the Board of Directors reserves its authority to approve policy which represents broad statements of intentions, approve plans and programs, and dele- gate authority of administration to the Manager, except those rights that are by law, conferred upon or reserved to its members. B. The Board of Directors recognizes its responsibility and its need to establish policies, approve plans and programs, and delegate authority to the City Manager to execute and carry out its plan programs and policies. In approving his position description, the Board recognizes that the City Manage requires the authority to hire capable personnel within an approved wage and salary policy including a performance evaluation system or procedure, plan and establish schedules, train, supervise and when nece ssary, terminate or replace employees. C. All policies should be approved by the Board of Directors. The City Manager shall be instructed to formulate and distribute policies. The Board further recognizes that, should any Director in private conversation with others, make commitments for the Board of Directors, that Director becomes involved in a serious breach of policy which might disrupt the entire organization. Therefore, members shall refrain from acting as spokesman for the Board except in cases authorized by the Board. ' D -It shall be the policy of the Board of Directors to refrain, as individuals, from discuss- ing management problems with the personnel of the City except in cases where the Board of Directors may deem it necessary to confer with personnel at regular or special meetings of the Board, and then in the presence of the City Manager. E. It shall be distinctly understood that authority for the management of the City shall pass through the City Manager and that he shall be the only official contact between the Board of Directors and employed personnel. The Board of Cirectors shall require full and complete information from the City Manager concerning all matters in connection with the management of the City as set forth in Board policies. f 356 F. Primarily, the purpose of this policy is to define the relationship that should exist betweeh the Board of Directors, who are elected representatives of the City, and the City Manager. The Board of (Directors recognizes that efficient management of the City can exist only through mutual understanding an complete cooperation between the Board of Directors and the City Manager. The City Manager is expected to produce results and furnish the Board of Directors information in a manner which indicates the existence I an adequate system of control. His performance cannot be of the best unless he is given latitude to ' exercise independent judgment in.executing policies of the Board of Directors. The Board of Directors acknowledges that obligation and gives the City Manager that latitude of.judgment and discretion, and 'expects faithful performance in carrying out the policies of the Board of Directors. G. The Board of Directors recognizes the responsibility for the employment of a City Manager, and urther the additional responsibility for a systematic appraisal and review of his performance so that growth, development, and effective improvement are encouraged. H. The Board of Directors recognizes the responsibility of the City Manager for: 1. Directing the operations of the City; and 2. Advising and assisting it in its deliberations. In connection with this latter stated responsibility, the Board of Directors expects and requests the the City Manager to furnish it with whatever data, information, and material it may need to properly carry out its functions. SECTION 2. The Board of Directors will be responsible for the systematic appraisal of the performanc of the City Manager. SECTION 3. That the.Board of Directors as the elected representatives of the people, invites all itizens to participate in the workings of their City government, especially.by attendance at City Board .eetings and further encourages all citizens to express their opinions to Board Members on any policy atter at any time. PASSED AND APPROVED this 20th day of January, 1969. J� APPROVED: TTEST: ZzzC. G. MELTON, JR., N.AYO RILYN OGRE, CITY CLERK City Attorney introduced, and at the request of the Mayor, read a proposed ordinance in its entirety itled, "AN ORDINANCE TO ACCEPT AND OJNFIRM DEDICATIONS OF CERTAIN LANDS IN THE CITY OF FAYETTEVILLE, ANSAS." ector McFerran moved that the Ordinance pass. motion was seconded by Director Lancaster and upon roll call the following vote was recorded: "Aye" as, Swartz, McFerran, Melton, Lancaster, Starr, and Dunn. p" None. re being seven "Ayes" and no "Nays", the Mayor declared the Ordinance passed. 1641 1 ORDINANCE NO. 1641 AN ORDINANCE TO ACCEPT AND CONFIRM DEDICATIONS OF CERTAIN LANDS IN THE CITY OF FAYETTEVILLE, ARKANSAS. WHEREAS, there has been duly presented to the Board of Directors of the City of Fayetteville, Arkansa a quitclaim deed, wherein the grantors have granted, conveyed, sold, and quitclaimed to the City of Fay- etteville, Arkansas, and WHEREAS, said quitclaim deed and the lands granted therein are as follows: A Quitclaim Deed, dated September'29th, 1967, executed by Clay B. Yoe and Wanda Lucille Yoe, for the following described lands situated in Washington County, Arkansas: Part of the Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) of Section 10, Township 16 North, Range 30 West, described as follows: Beginning at a point on the North line of said 40 acre tract which is at the intersection of the North line of the Right of Way of State Highway No. 45; and running, thence West 115 feet, more or less, to the East line of the Old Missouri Road; thence in a Southerly direction with the West line of the said road 135 feet, more or less, to the North line of said State Highway No. 45; thence Northeasterly with the North line of said highway 190 feet, more or less, to the beginning point, less and except so much off the North side thereof as is now embraced in a Public Road, formerly known as part of the Fayetteville and Goshen Public Road. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the City of Fayetteville, Arkansas, hereby accepts and confirms the grant and dedication by said Quitclaim Deed of the afore described lands for public use, and hereby declares said lands to be public lands, and assumes the care, control, and jurisdiction of same. SECTION 2. That this Ordinance shall be in full force and effect from and after its passage, approve snd publication. PASSED AND APPROVED this 20th day of January, 1969. APPROVED: kTTEST: _ /� CC. G. MELTON, JR., MAYOR'J`w s MARILYNMOORE, CITY CLERK The City Attorney introduced, and at the request of the Mayor, read a proposed ordinance in its entirety entitled, "AN ORDINANCE TO ACCEPT AND CONFIRM DEDICATIONS OF CERTAIN LANDS IN THE CITY OF FAYETTEVILLE, ARKANSAS:° Director Dunn moved that the Ordinance pass. nee The motion was seconded by Director Starr. and upon roll call the following vote was recorded:'.: "Aye" 1642 Jones, Swartz, McFerran, Melton, Lancaster, Starr, and Dunn. 'Nay" none. There being seven "Ayes" and no "Nays" the Mayor declared the Ordinance passed. ORDINANCE NO. 1642 AN ORDINANCE TO ACCEPT AND CONFIRM DEDICATIONS OF CERTAIN LANDS IN THE CITY OF FAYETTEVILLE, ARKANSAS. WHEREAS, there has been duly presented to the Board of Directors of the City of Fayetteville, 35'71 a Right of Way Grant,iiterein the grantors have granted and conveyed to the City of Fayetteville, Arkansas and Ordinance No. 1642 WHEREAS, said Right of Way Grant and the lands granted therein are as follows: (Cont.) A Right of Way Grant, dated December 6, 1968, from C. T. Pearson, Jr. and Alice A. Pearson, husband and wife, for the following described lands situated in Washington County, Arkansas,•to-wit: A part of Lot Numbered Eight (8), in Block Numbered Ten (10) of Parkers Plat of Valley View Acres, r. an Addition to the City of Fayetteville, Arkansas, more particularly described as follows; to -wit: Beginning at the Southwest Corner of said Lot Numbered Eight (8), and running thence North Ten (10) feet, thence East 177.16 feet to the Center Line of Skull Creek, also the East lot line of Lot Numbered Eight (8), thence South 160 18' West, along the Creek, 10.43 feet, thence West 174.23 feet, to the point of beginning. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the City of Fayetteville, Arkansas, hereby accepts and confirms the grant and dedication by said Right of Way Grant of the afore -described lands for public use, and hereby declares said lands to be public lands, and assumes the care, control, and jurisdiction of same. SECTION 2. That this Ordinance shall be in full force and effect from and after its passage, appro- val, and publication. PASSED AND APPROVED this 20th day of January, 1969. • ' APPROVED: ATTEST: D C. G. MELTON, JR., MAYOR MARILYNMOORE, CITY CI LERK The City Attorney introduced, and at the request of the Mayor, read a proposed ordinance in its entirety ' entitled, "AN ORDINANCE TO ACCEPT AND CONFIRM DEDICATIONS OF CERTAIN LANDS IN THE CITY OF FAYETTEVILLE, ARKANSAS". Director Dunn moved that the Ordinance pass. The motion was seconded by Director Swartz and upon roll call the following vote was recorded: "Aye" Ordinance Jones, Swartz, McFerran, Melton, Lancaster, Starr, and Dunn. No. 1643 "Nay" none. There being seven "Ayes" and no "Nays", the Mayor declared the Ordinance passed. ORDINANCE NO. 1643 AN ORDINANCE TO ACCEPT AND CONFIRM DEDICATIONS OF CERTAIN LANDS IN THE CITY OF FAYETTEVILLE, ARKANSAS. WHEREAS, there has been duly presented to the Board of Directors of the City of Fayetteville, Ark- ansas, four Warranty Deeds, wherein the grantors have granted and conveyed to the City of Fayetteville, Arkansas, and WHEREAS, said Warranty Deeds and the lands granted therein are as follows: 1. A Warranty Deed, dated May 5, 1967, from Jack Edmiston and Helen Edmiston, husband and wife, for the following described lands situated in Washington County, Arkansas, to -wit: Ten feet of equal and uniformed width off'the entire South side of Lots Nine (9) and Ten (10) of Block Ten (10) of Parker's Plat of Valley View Acres, City of Fayetteville, Washington County, Arkansas. 2. A Warranty Deed, dated May 2,'1967, executed by B. C. Snawder and Jessie Snawder, husband and wife, for the following described land situated in Washington County, Arkansas, to -wit: ' Ten (10) feet of equal and uniformed width off the entire North side of that portion of Lot Twenty- five (25)'of Evins Farm Plat, lying West of Scull Creek, all in the City of Fayetteville, Washington County, Arkansas. 3. A Warranty Deed, dated May 5, 1967, executed by Jack Edmiston and Helen Edmiston, husband and wife, and Loris Stanton and Peggy Stanton, husband and wife, for the following described land situated in Washington County, Arkansas, to -wit: Ten (10) feet of equal and uniformed width off the entire South side of Lot Eight (8) of Block Ten (10) in Parker's Plat of Valley View Acres, City of Fayetteville, Washington County, Arkansas. 4. A Warranty Deed, dated May 13, 1967, executed by Kenneth E. McKee and Emma G. McKee, husband and wife, for the following described land situated in Washington County, Arkansas, to -wit: Ten (10) feet of equal and uniformed width off the entire South side of Lots Eight (8), Nine (9), Ten (10), Eleven (11), and Twelve (12) of Block Three (3) of Parker's Plat of Valley View Acres Subdivision to the City of Fayetteville, Washington County, Arkansas. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the City of Fayetteville, Arkansas, hereby accepts and confirms the grant and dedication by said Warranty Deeds of the afore -described lands for public use, and hereby declares said land to be public lands, and assumes the care, control, and jurisdiction of same. SECTION 2. That this Ordinance shall be in full force and effect from and -after its passage, appro- val, and publication. PASSED AND APPROVED this 20th day -of January, 1969. //JJ APPROVED: ATTEST: C. G. MELTON, JR., MAYOR MARILYN RE, CITY CLERK 1644 1645 The City Attorney introduced, and at the request of the Mayor, read a proposed ordinance in its entirety entitled, "AN ORDINANCE TO ACCEPT AND CONFIRM DEDICATIONS OF CERTAIN LANDS IN THE CITY OF FAYETTEVILLE, Director Starr moved that the Ordinance pass. The motion was seconded by Director Jones and upon roll call the following vote was recorded: "Ave,, Jones, Swartz, McFerran, Melton, Lancaster, Starr, and Dunn. "Nay" none. There being seven "Ayes" and no "Nays", the Mayor declared the Ordinance passed. ORDINANCE NO. 1644 ORDINANCE TO ACCEPT AND CONFIRM DEDICATIONS OF CERTAIN LANDS IN THE CITY OF FAYEPTEUILLE, ARKANSAS. WHEREAS, there has been duly presented to the Board of Directors of the City of Fayetteville, ansas, a Warranty Deed, wherein the grantors have granted and conveyed to the City of Fayetteville, ansas, and WHEREAS, said Warranty Deed and the lands granted therein are as follows: . A Warranty Deed, dated August 25, 1967, executed by Leo P. Peel and Mildred L. Peel, husband and e, for the following described lands situated in Washington County, Arkansas: A part of the SW 1/4, NW 1/4, NE 1/4, of Section 9, T-16 N, R -30-W, of the 5th P.M., County of Washington, State of Arkansas, and being more particularly described as follows, to -wit: Beginning at a point on the Existing East Right of Way of Gregg Ave., which point isS;00 12' W, 251.00 feet, and S 890 28' E, 63.87 feet, from the NW corner of said 10 acre tract, thence N 60 51' E, 73.00 feet, thence N 100 56' E, 73.00 feet, thence N 150 25' E, 100.25 feet more or less to the point of inter- section of the Existing Right of Way of Spruce Street, thence S 890 28' E, 127.87 feet, thence S 150 25' W, 20.69 feet, thence N 890 28' W, 122.70 feet, thence S 150 25' W, 79.56 feet, thence S 100 56' E 73.00 feet, thence S 60 51' W, 73.00 feet, thence N 890 281 W, 5.03 feet to the point of beginning. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the City of Fayetteville, Arkansas, hereby accepts and confirms the grant and dedication by said Warranty Deed of the afore described lands for public use, and hereby declares said lands to be public lands, and assumes the care, control, and jurisdiction of same. SECTION 2. That this Ordinance shall be in full force and effect from and after its passage, approval, and publication. PASSED AND APPROVED this 20th day of January, 1969. APPROVED: O� ATTEST: _ (CSG. MELTON, JR., MAYOR MARILYN RE, CITY CLERK Director Starr moved that the proposed ordinance entitled "AN ORDINANCE TO ACCEPT AND CONFIRM THE FINAL PLAT OF WINWOOD ESTATES TO THE CITY OF FAYETTEVILLE, ARKANSAS, AND TO ACCEPT AND CONFIRM THE DEDICATION OF THE STREETS AND UTILITY EASEMENTS THEREIN", which had been left on the first reading at the last regu- lar meeting on January 6, 1969, 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 McFerran moved that the rule be suspended and the Ordinance be placed on the third and final reading. The motion was seconded by Director Starr and passed unanimously. The Ordinance was then read for the third and last time. The Mayor declared the Ordinance open for dis- cussion. After a brief discussion,*the Mayor asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye" Jones, Swartz, McFerran, Melton, Lancaster, Starr, and Dunn, "Nay" none. There being seven "Ayes" and no "Nays", the Mayor declared the Ordinance passed. ORDINANCE NO. 1645 AN ORDINANCE TO ACCEPT AND CONFIRM THE FINAL PLAT OF WINWOOD ESTATES TO THE CITY OF FA.YETTEVILLE, AND TO ACCEPT AND CONFIRM THE DEDICATION OF THE STREETS AND UTILITY EASEMENTS THEREIN. WHEREAS, there has been duly presented to the Board of Directors of the City of Fayetteville, Ark- ansas, a plat dated September 25, 1968, known as the Final Plat of Winwood Estates Subdivision to the City of Fayetteville, Arkansas, in which the owner has dedicated for the public use the streets and utilil easements shown upon said plat; WHEREAS, the Planning Commission of the City of Fayetteville, Arkansas, has recommended the accept- ance of said plat; NOW, THEREFORE,.BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the City of Fayetteville, Arkansas, hereby accepts and confirms the Final Plat of Winwood Estates Subdivision to the City of Fayetteville, Arkansas, and accepts and confirms the dedi- cation of the streets and utility easements shown therein, and hereby declares said streets and utility easements to be public streets and utility easements and said Board of Directors hereby assume the care, control, and jurisdiction of same. SECTION 2. That this Ordinance shall be in full force and effect from and.after its passage, app: and publication. PASSED AND APPROVED this 20th day.of January, 1969. APPROVED: 4e / l� C. G. MELTON, JX-, MAYOR 6/ ATTEST: RILYN M90RE, CITY CLERK 1 359 Director Dunn moved that the Mayor and City Clerk be, and they are, hereby authorized to execute the Authorize Subdivider's subdivider's contract for Winwood Estates Subdivision. Contract for knwood The motion was seconded by Director McFerran and passed unanimously. - Estates I The contract reads as follows: Resolution 2-69 C O N T R A C T Comes now Benny a Winborn and Mildred B. Winborn, hereinafter known as the Subdivider, and the of Fayetteville, Arkansas, a Municipal Corporation, hereinafter known as the City, and enter into the following contract, to -wit: WITNESSETH: That for and in consideration of the hereinafter mentioned covenants, promises, and conditions, the City agrees to accept and approve the Final Plat of the following described territory: Winwood Estates, a replat of Winbaugh Estates, more particularly described as follows: A part of the East 1/2 of the Northwest 1/4 of Section 2, Township 16 North, Range 30 West of the Fifth Principal Meridian, Fayetteville, Arkansas, more particularly described as follows: Beginning at the Southwest corner of the East Half of the Fractional Northwest Quarter of said Section 2; thence North 1237.70 feet; thence N 890 55' E, 638.18 Feet; thence South 1276.76 feet; thence N 890 49' W, 683.18 feet to the point of beginning. Prior to and in advance of the installation of the improvements required by Article IV, Paragraphs A through F, of Ordinance No. 1245 as amended by Ordinance No. 1340, with the understanding and agreement by the Subdivider that he will install the required improvements designated in the above-mentioned Ordi- nance on the property!rlocated in the above described territory, within twelve months from the date when the first building permit is issued. Provided further, that within a period of eighteen (18) months from the date of this contract, Sub- divider will improve the right of way, described hereafter in parentheses, to the extent that it will fully comply with the existing specifications for subdivision access streets in Article III, Paragraph G. Appendix C. of the Code of Ordinances of the City of Fayetteville, Arkansas. That said improved right, of way will be made on the following land provided no other access road has been developed to meet mini- mum specifications by that time. That said improved right of way will be made on the following described land: (An easement for roadway over and across a strip of land fifty (50) feet wide, the center line of which is described as follows: A part of the West Half (W 1/2) of the Fractional Northwest Quarter (Frac. NW 1/4) of Section two (2), Township Sixteen (16),North, Range Thirty (30) West of the 5th P.M., being more particularly described as follows, to -wit: Beginning at a point which is 424.93 feet North of the Southeast corner of the West half (W 1/2) of the Fractional Northwest Quarter (Frl. NW 1/4) of said Section 2 and running thence North 890 33' West 568.50 feet; thence South 470 30' West 238.5 feet; thence South 20 30' West 234.2 feet to the point of beginning.) That within the same period, said street will be subdivided, platted, and dedicated to the City of Fayetteville, Arkansas. No structure may be occupied or utilities connected for occupancy until all improvements have been completed and all lots released from this contract. Provided, the City in its sole discretion shall have the option of releasin, one or more individual lots within said subdivision prior to the time that all improvements are completed) in the entire subdivision, upon a determination by the City that all improvements that it deems necessary for the use and occupancy of said individual lot or lots have been satisfactorily completed; however, until such time as such lot or lots have been released of record by the City, no structure on said lot or lots may be occupied or utilities connected for occupancy. The Subdivider hereby covenants and agrees that if he should fail to comply with the terms of thiA contract, the City may then install the required improvements and charge the cost to the Subdivider, plu interest at a rate of ten (10) per cent per annum, and that this contract then will constitute a lien in favor of the City on the real estate located withih the subdivision, to secure payment of the amount spec by the City in providing the improvements. In such case, the City hereby agrees that it will release said lien on any individual lot in the subdivision upon payment of that lot's proportionate share of the City's cost in making the improvements, plus interest,as aforesaid. This proportionate share per lot shall be determined by the lot's proportionate ad valorem assessment (less building improvements). It is further understood and agreed that any new street must be staked out and the street grade cut or filled to sub -grade elevation for curb, gutter, and pavement, according to the street profile whit has been approved by the City Engineer, before the Building Inspector can issue any permits. WITNESS our hands and seals on this 16th day of January, 1969. CITY OF FAYETTEVILLE, ARKANSAS A MUNICIPP�L CORPORATION BY ar—land Melton, Jr., Payor ATTEST: Marilyn oore, City Clerk /s/ Benny A. Winborn Benny a Winborn, Subdivider /s/ Mildred B. Winborn Mildred B. Winborn, Subdivider The City Manager presented a Community Services Agreement in the form of a resolution between the City of Fayetteville and the Housing Authority of the City of Fayetteville. The City Manager outlined the pro- posed resolution as follows: The Housing Authority is constructing at their three sites community center space for project and neighborhood areas. This space has to be operated by an agency of local government An agreement has been approved by the Housing Authority for the City to operate these community center spaces. The Housing Authority will construct, furnish, maintain and pay utilities. Even with this agree. ment, the City could in turn sublease the space for actual operation. In addition, the City would receive any actual operating costs from payment - in lieu of taxes as paid by the Housing Authority before the division of such. The City Manager recommended that this resolution be adopted.. Director Starr moved that the Resolution as presented by the City Manager be adopted. The motion was seconded by Director Lancaster and upon roll call the following vote was recorded: "Aye" Jones, Swartz, McFerran, Melton, Lancaster, Starr, and Dunn. "Nay" none. There being seven "Ayes" and no "Nays", the Mayor declared the Resolution adopted. 360 RESOLUTION 2-69 COMMUNITY SERVICES AGP.M-MT EETWWEEN THE CITY OF FAYETTEVILLE, ARKANSAS, AND THE HOUSING AUTHORITY OF CITY OF FAYETTEVILLE, ARKANSAS. WHEREAS, the City of Fayetteville, Arkansas, (hereinafter called the "City") and the Housing Author, of the City of Fayetteville, Arkansas, (hereinafter called the "Local Authority") recognize a responsibi] ity to provide for the welfare of the community through the construction of and the operation of communis services centers, and WHEREAS, The Local Authority is presently engaged in planning the construction, with the assistance of the Housing and Urban Development Administration of the United States, of a multi -story apartment building for the Elderly and 80 dwelling units for families, and WHEREAS, the Local Authority proposes to provide additional space and basic furnishings for a com- munity services programs to benefit the residents of the housing units and the surrounding neighborhood, and WHEREAS, the construction and furnishing of such space and the allocation of money by the Housing and Urban Development Administration for such purposes is conditioned upon the City obligating itself to bear such part of the cost of operating such facilities not borne by some other private, Federal or State Agency, the Local Authority being prohibited from bearing any part of such exnense, and WHEREAS, the availability of such space for such use by the citizens of this community would be of great benefit to the City and its citizens; now, THEREFORE, BE IT RESOLVED BY THE CITY OF FAYETTEVILLE, ARKANSAS, AND THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the City of Fayetteville, in consideration of the undertaking by the Local Authorii as above stipulated, agrees and hereby obligates itself to pay, in addition to the utilities consumed in said space unless otherwise provided for, that part of the expense of operating and maintaining the com- munity facilities space to be constructed and furnished by the Local Authority not borne by,any private group or County, federal or State Agency. SECTION 2. That the City further agrees to provide a minimum of Fifty Thousand and One Hundred Thousand Dollars ($50/100,000) Owner -Landlord and Tenant Public Liability Insurance to protect the City and LocalhAuthority against claims for bodily injury or death. . SECTION 3. That the obligation of the City to bear such expenses shall not constitute a general obligation of the City but shall be restricted'to and discharged out of all payments in lieu of taxes paid annually by said Local Authority on its properties situated -in the City; all of said amounts to be paid by said -Local Authority annually to the City, the City to reimburse itself for such expenses so borne by it before transmitting the balance then remaining to the taxing subdivisions authorized to re- ceive payments in lieu of taxes from said Local Authority on said.properties under the provisions of the Housing Authorities Law of the State of Arkansas and in the proportions therein provided or otherwise specified by said Authority. SECTION 4. That the City hereby agrees not to discriminate because of race, creed, color, or nati origin in the operation of the facilities and in the sponsorship and programming of activities and ser- vices to be offered therein. This provision is included pursuant to the regulations of the Department of Housing and Urban Devel-' opment, 24 CFR, Subtitle A, Part 1, Section 1. 1 et seq. (see also Department Interim Order II, 31 F. R. 815) issued under title VI of the said Civil Rights Act of 1964, and the requirements of the said Depart i ment pursuant to said regulations; and the obligation of the City to comply therewith inures to the bene't of the United States, the said Department, and the Local Authority, any of which shall be entitled to invoke any remedies available by law to redress and breach thereof or to compel compliance therewith by the City. SECTION 5. That the obligation hereby assumed by the City shall become effective upon the of and the furnishing of the facilities hereinabove provided for. SECTION 6. In the event the City shall fail, neglect or refuse to perform its obligations and breach the conditions herein provided to the extent that the tenants of the Housing Development shall be deprived of the use, benefit and enjoyment of the services and facilities which it has agreed to furnish and operate, the City agrees that the Local Authority may operate the facilities and deduct the amount of expenses it does incur from payments in lieu of taxes due, or to become due to the City under the Cooperative Agree- ment between the City and the Local Authority. SECTION 7. That the Local Authority agrees and hereby obligates itself to provide adequate ph ys facilities within its prescribed limitations to carry out all programs and projects to be planned and arranged for by the City as the sponsoring agency and to provide repair and maintenance of such facil not to exceed normal wear and tear. SECTION 8. That the Local Authority agrees to provide basic furnishings and equipment, including but not limited to range, refrigerator, other cooking equipment in a kitchen equipped with built-in cabinets, counters, and storage space as well as a sufficient number of tables and chairs for the proper utilization of such space for such purpose. SECTION 9. This Agreement shall remain in full force and effect for the duration of the Agreement between the City and the Local Authority. 'IN WITNESS WHEREOF, the City of Fayetteville, Arkansas, and the Housing Authority of the City of Fayetteville, Arkansas, do hereby respectively sign this contract and cause their seals to be affixed and attested this 20th day of January, 1969. THE CITY OF FAYETTEVILLE,-ARKANSAS By / ATTEST: MAYOR CIT CLERK HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS By /s/ Carl Whillock ATTEST: /s/ Ora Belle Rollow CHAIRMAN SECRETARY h A 361 COMPANY ITEM QUANTITY PRICE ARKANSAS PRINTING AND DUPLICATING Check Notices 2,500 sets $45.75 SOUTHWEST PRINTING Envelopes 20 boxes The City Manager presented the final plat of Country Club Estates Subdivision to the City of Fayetteville Ordinance 4,000 The City Attorney introduced, and at the request of the Mayor, read a proposed ordinance in its entirety Ndi1646 2,500 entitled, "AN ORDINANCE TO ACCEPT AND CONFIRM THE FINAL PLAT OF COUNTRY CLUB ESTATES SUBDIVISION TO THE Stationary - Letterheads 42500 CITY OF FAYETTEVILLE, ARKANSAS, AND TO ACCEPT AND CONFIRM THE DEDICATION OF THE STREET AND UTILITY EASE- Canary Legal Pads 144 pads MENTS THEREIN". Columnar Pad -ruled 6 boxes Director Dunn moved that the Ordinance pass. Copy Paper 3 reams The motion was seconded by Director Swartz and upon roll call the following vote was recorded: "Aye" Document Manuscript Covers 1 box Jones, Swartz, McFerran, Melton, Lancaster, Starr, and Dunn. File Labels 20 boxes "Nay" none. File Folders -letter size 20 boxes There being seven "Ayes" and no "Nays", the Mayor declared the Ordinance passed. File Folders -legal size 5 boxes ORDINANCE NO. 1646 Pens -Bic 100 pens AN ORDINANCE TO ACCEPT AND CONFIRM THE FINAL PLAT OF COUNTRY CLUB ESTATES SUBDIVISION TO THE CITY OF Pens -Felt 100 pens FAYETTEVILLE, ARKANSAS, AND TO ACCEPT AND OONFIRM THE DEDICATION OF THE STREET AND UTILITY EASEMENTS Pen Refills 20 dozen THEREIN. Pencils -red 4 dozen WHEREAS, there has been duly presented to the Board of Directors of the City of Fayetteville, Ark- Pencils -colored 1 dozen ansas, a plat dated October 1, 1968, known as the final plat of Country Club Estates Subdivision to the Pencils -#2 50 dozen City of Fayetteville, Arkansas, in which the owner has dedicated for the public use the streets and util- a :ara _.'ilia ro ity easements shown upon said plat; and Scratch Pad 5x8 4 dozen WHEREAS, the Planning Commission of the City of Fayetteville, Arkansas, has recommended the accept- Scratch Pad 8 1/2x11 144 pads ance of said plat; Stationary -plain 8 reams NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the City of Fayetteville, Arkansas, hereby accepts and confirms the Final Plat of Country Club Estates Subdivision to the City, of Fayetteville, Arkansas, and accepts and confirms the dedication of the street and utility easements shown therein, and hereby declares said street and utility easements to be public streets and utility easements and said Board of Directors hereby assume the care, control, and jurisdiction of same. ' SECTION 2. That this Ordinance shall be in full force and effect from and after its passage, approval, and publication. PASSED AND APPROVED this 20th day of January, 1969. APPROVED: ATTEST:✓/J//�/ C. G. MELTON, JR., MAYOR ./l,, AiX) / / /�, MA.RILYN;MOORE, CITY CLERK Director Lancaster moved that the Mayor and City Clerk be, and they are,hereby authorized to execute the Subdivider's Contract for Country Club Estates Subdivision to the City of Fayetteville, Arkansas. Authorize Su divider's The motion was seconded b Director Jones and Y passed unanimously. Contract for Country Club Estates The City Manager reported that bids had been received and tabulated for the purchase of office supplies for the next 12 months, and he recommended that the purchases be made from the low bidder on each item. Tabulated Bids Office Supplies for Director McFerran moved to accept the recommendation of the City Manager and authorize the purchase of office supplies for the next 12 months from the low bidder according to the tabulated bids. The motion was se w nded by Director Swartz and passed unanimously: BID TABULATION ON OFFICE SUPPLIES COMPANY ITEM QUANTITY PRICE ARKANSAS PRINTING AND DUPLICATING Check Notices 2,500 sets $45.75 SOUTHWEST PRINTING Envelopes 20 boxes 79.90 Location of Accident Card 4,000 29.75 Record of Arrest Card 2,500 19.90 Stationary - Letterheads 42500 45.80 Canary Legal Pads 144 pads .26 Columnar Pad -ruled 6 boxes 2.75 Copy Paper 3 reams 15.90/M Document Manuscript Covers 1 box 1.75 File Labels 20 boxes .69 File Folders -letter size 20 boxes 2.49 File Folders -legal size 5 boxes 2.69 Pens -Bic 100 pens .18 Pens -Felt 100 pens .34 Pen Refills 20 dozen 3.89 Pencils -red 4 dozen 1.39 Pencils -colored 1 dozen 1.39 Pencils -#2 50 dozen .46 a :ara _.'ilia ro Scratch Pad 5x8 4 dozen 1.32 Scratch Pad 8 1/2x11 144 pads .32 Stationary -plain 8 reams 2.89 McROY AND McNAIR FAME News 450 copies per month til 12-69 49.40pplus Inventor of Prisoner's Possessions 1,000 19.10 Accounting Pads 1 box .99 Adding Machine Tape 2 9/32" 150 rolls .1361 Adding Machine Tape 3" 100 rolls .2547 Calendar Refills 1970 44 .82 Canary Letter Pads 40 pads .20 Carbon Paper 10 boxes 3.95 Coin Envelopes 10 boxes 2.89 Columnar Pad -11 column 6 pads 1.03 Columnar Pad-Bocrum & Pease 4 pads 1:03 Copy Paper -Copy on side 12 reams 1.93 Copy Paper -legal 1 ream 2.31 Scotch Tape Refills 48 rolls .54 362 COMPANY ITEM QUANTITY M & M Correction Tape 4 boxes Eraser, typewriter 12 Fingertip Moistener -tacky finger 8 boxes Index Cards 3x5 ruled 100 Index Cards 4x6 plain. 500 Manila Envelopes 9jx12j 10 boxes Manila Envelopes lljxl4j 10 boxes Masking Tape 1" 50 rolls Masking Tape 3/4" 38 rolls Paper Clips #1 100 boxes Rubber Bands size 18 10 boxes Scratch Pad white 4x6 plain 70 dozen Spiral.Notebook 24 notebooks Staples #400 50 boxes Typewriter Correction Fluid 30 bottles Vertical Folder 4 boxes OFFICE SERVICES, INC. Auto Storage 500 Complaint Cards 1,000 Daily Report 1,000 Memo Pads 51x81 36 pads Parking Ticket Letter & Envelope 7,500 PRICE 1.01 per 2.55 .42 :17 25 4.67 6.13 1.18 .84 1.01 2.29 .90 .50 .74 •85 6.38 4.50 8.25 7.55 16.87 21.33/M ACME TYPEWRITER Mimeograph Paper Gestetner 8 x11 4 cases 1.90/RM. Mimeograph Paper " 8Jx14 2 cases 2.15/Rm. Stencils -legal 50 boxes 3.78 Stencil Correction Fluid 12 bottles .68 The City Manager outlined his recommendation for the purchase of police cars, Administrative Memo #129, which was spread on the minutes and reads as follows: ADMINISTRATIVE MEMO, -','#129 The City has an opportunity to purchase its police cars this ,year under a contract for a large fleet pur- lated chase. The total cost of each unit would be $2,055.25 without trade. We would propose to purchase six on (6) new units and then sell at auction four (4) 1968 Chevrolets and one 1967 Ford with an estimated avers, ce return from each car of $1,000, or $5,000 total from the auction. We budgeted for 1969, the replacement of four (4) vehicles at an estimated cost of $6,000 and the additia of one vehicle to the nolice.fleet at a cost of $2,200, making a total available of $8,200 for five polio cars. These vehicleswere non-airconditioned and met specifications as found below. We are now proposing to purchase one additional car than originally anticipated, all airconditioned, higher specifications at a net cost of less than $7,400 ($12,331.50 less $5,000 sale of trades) to the City. To compare costs to our most recent purchase of police cars will give you a better view of the "good Deal in this proposed purchase. In 1968 we purchased five Chevrolets to replace four 1967 Fords and one 1966 Ford. The gross bid on these units was $12,000 with a trade-in allowance of $5,175 for a net cost of $6,825. To have added air conditioning to these five units would have cost an additional $280 for each unit or $1,040 more to the net cost. The net cost to replace five vehicles with air conditioned units in 1968 would, therefore, have been $7,865. As was mentioned above, under this fleet purchase arrange- ment we are proposing to purchase six units, 1969 models, air conditioned, with five replacements at a net cost of less than $7,400. Following is a comparison of some of the specifications for the 1968 Chevrolet models purchased in 1968 and the 1969 Plymouth models proposed to be purchased: Model Cu. In. Displace. Horsepower Steering Transmission Aircondition Cylinders Police Equipment Seats 1968 Chevrolet Biscayne 327 250 Standard Automatic, 3 fd. No 8 Heavy Duty Foam -Vinyl 1969 Plymouth Fury„II 383 290' Power Automatic, 3 fd. Yes 8 Heavy Duty Foam -Vinyl I would recommend that the Board authorize the purchase of six 1969 Plymouth police cars uhder this fleet purchase arrangement according to above specifications at a perunit cost of $2,055.25 and further, that the Board authorize sale at auction of four 1968 Chevrolets and one 1967 Ford police car upon receipt of the new units. There would be over a $500 per unit saving by purchasing in the manner proposed with the equipment as indicated. Director Dunn moved to accept the recommendation of the City Manager and purchase six police cars at the rchase of price of $2,055.25 per unit and the specifications as outlined in Memo #129. lice Cars The motion was seconded by Director Swartz and upon roll call the following vote was recorded: "Aye” 1969 Jones, Swartz, McFerran, Melton, Lancaster, and Dunn. "Nay" Starr. There being six "Ayes" and only one "Nay '.1 Mayor declared the motion passed. The City Manager reported that late last year the City employed a surveyor to stake out Lake Sequoyah of property prior to fencing such property on the West side of the lake. In this process, it was discovered that a home owned by Herbert A. Lewis was actually constructed on city owned property. This situation Se- occurred through a misunderstanding as to where the exact boundary line of the city's property was locate h The home has been located there for several ,years and was only brought to attention by the recent survey. rt A. The City Manager recommended that the City Attorney be authorized to prepare a deed to be executed by the Mayor and City Clerk for a tract approximately 1,500 square feet in size to cover only land upon which home is located to be deeded to Herbert A. Lewis for the sum_ of $200 along with a temporary easement for gravel road. Director Starr moved that the City Attorney be authorized to prepare a deed and the Mayor and City Clerk to execute it for a tract approximately 1,500 square feet in size to cover only land upon which home is located to be deeded to Herbert A. Lewis for the sum of $200 plus a charge of $6 per year for the ten years, along with a temporary easement for gravel road. The motion was seconded by Director Jones and upon roll call the following vote was recorded: "Aye" Jone Swartz, McFerran, Melton, Lancaster, Starr, and Dunn. "Nay" none. There being seven "Ayes" and no "Nays", the Mayor declared the motion passed. 3631 Appointments) The City Manager reported that the terms of David Lashley, Mrs. Frank Broyles, Dr. Rodney Ryan, and Mrs. Parks and Recreation Newell Shaw on the Parks and Recreation Advisory Board expired on January 1, 1969. The City Manager Advisory Boajd recommended the following appointments for terms to expire on Januaryll, 1971: David Lashley, Mrs. Fran Broyles, Dr. Rodney Ryan, and Miss Margaret Wooten. Director Jones moved to accept the City Manager's recommendation and appoint David Lashley, Mrs. Frank ' Broyles, Dr. Rodney Ryan, and Miss Margaret Wooten to terms on the Parks and Recreation Advisory Board expiring on January 1, 1971. Director Starr seconded the motion and it passed unanimously. Appointments) The City Manager recommended that Joe McFerran be appointed to fill his term on the Northwest Arkansas Northwest Arkansas % TOTAL Regional Airport Authority expiring in March 1972 until the new city manager is qualified to hold the Regional Airport office. Authority 3.3% Director Dunn moved that Director Joe McFerran be appointed to fill the unexpired term of the City Manag ' on the Northwest Arkansas Regional Airport Authority. 425002000 4.3% Director Swartz seconded the motion and upon roll call the following vote was recorded: "Aye" Jones, Swartz, Melton, Lancaster, Starr, and Dunn. 72500,000 7.1% "Nay" none. Abstained: McFerran There being six "Ayes" and no "Nays", the Mayor declared the motion passed. NW Arkansas 16.2% The City Manager outlined his recommendation for Regional Airport Financing Agreement in Administrative Regional Airport Memo #132 which reads as follows: Financing Agreement 28.5% 92975 ADMINISTRATIVE MEMO #132 19,500,000 18.6% On March 12, 1968 the City Board of Directors approved and executed the Northwest Arkansas Regional Air- port Agreement. Article VI of this agreement provides that the final plan for financing the improvement 2000 000 22.0% and deficit costs of operation and maintenance would have to be approved by the signatory parties at a later date. The Regional Airport Authority has approved a Financing Agreement which is now being presen 105,000,000 100. to the signatory parties for approval. In summary, the Financing Agreement would bind the city as follows: 1. Construction Of the $5 million estimated cost of the project, $2.5 million would be raised by bon ' issues in the two counties. The remaining $2.5 million is anticipated to be received from federal grant sources. A two mill county -wide bond issue under Amendment 49 (Industrial Development) would be held in Benton and Washington Counties except in those areas in the two counties which are within the city limit of Springdale where a one mill bond issue under Amendment 49 would be held. Also within the city limits of Springdale a one mill bond issue under Amendment 13 would be held. This procedure has to be followed because Springdale is already levying four mills under Amendment 49 and a maximum of five mills is allow Therefore, all properties within the two country area would be taxed an additional two mills for airport construction. If all bonds are approved, bonds would only be sold when federal funds are approved. Als, if one issue fails to carry, no bonds would be issued. When bonds are issued or sold, proceeds would be turned over to Regional Airport Authority. 2. Operation and Maintenance The Regional Airport Authority would be obligated to prepare and present to the signatory bodies an annual budget of revenues and expenditures by November 1 of each ,year for the following calendar year. This budget would have to be an roved by the signatory bodieseeach ,year. If such budget shows a deficit between revenues and expenditures, each signatory body (city) would be rea- sponsible for a portion of this deficit as its latest assessed valuation bears to the total two county assessed valuation. The two counties would be responsible for a portion as its assessed valuation (excluding the assessed valuation of the signatory cities) bears to the total two county assessments. Engineer's estimates indicate that there would probably be about a $35,000 annual operating -maintenance deficit each year, at least for the first few years of operation. It is believed that money can be earned from investing the proceeds of the bond issue until such funds are needed for construction. De- pending upon construction schedule, such earnings could equal from $50,000 to $100,000. This money coul be designated for use in an operations deficit. If these funds are not available, a breakdown of city responsibilities for a $35,000 annual deficit based upon assessed valuation would be as follows: Director McFerran moved to accept the City Manager's recommendation outlined in Memo #132 and that the Mayor and City Clerk be, and they are, hereby authorized to execute the Agreement for Financing the Northwest Arkansas Regional Airport. The motion was seconded by Director Starr and upon roll call the following vote was recorded: "Aye" Jones, Swartz, McFerran, Melton, Lancaster, Starr, and Dunn. "Nay" none. There being seven "Ayes" and no "Nays", the Mayor declared the motion passed. SECOND AMENDMENT TO NORTHWEST ARKANSAS REGIONAL AIRPORT AGREEMENT((FINANCING AGREEMENT) WHEREAS, the parties signatory hereto have heretofore entered into the Northwest Arkansas Regional Airport Agreement, dated March 12, 1968, and have further entered into a First Amendment to said Agree- ment, dated April 9, 1968, and WHEREAS, Article VI of aforesaid Agreement, as -amended, provides that the final plan for financing the construction of the improvements contemplated by the Agreement shall be in the form of a supplements agreement which must be presented to the parties signatory hereto for approval and when approved shall become an addendum to said agreement, and WHEREAS, Article V -B and Article VI of said Agreement provide that the proportions in which the signatory parties are financially interested in the operations of the authority for budgetary purposes shall also be set forth,in said supplemental agreement on financing, and WHEREAS, the estimated cost of planning, developing, acquiring and constructing the Northwest Ark- ansas Regional Airport, together with terminal building and related facilities is $5,000,000.00; and, it is anticipated that $2,500,000.00 of said costs will be paid from grants to be received by the North- west Arkansas Regional Airport Authority from the Federal Government, leaving a balance of funds to be supplied locally in the amount of 2.5 million dollars. CITY ASSESSED VALUE % TOTAL ANNUAL COST Bentonville $ 3,500,000 3.3% $1,155 ' Siloam Springs 425002000 4.3% 1,505 Rogers 72500,000 7.1% 2,485 Springdale 17,0002000 16.2% 5,670 Fayetteville 3020002000 28.5% 92975 Benton County 19,500,000 18.6% 6,510 Washington County 2000 000 22.0% 7,700 105,000,000 100. $35,000 Director McFerran moved to accept the City Manager's recommendation outlined in Memo #132 and that the Mayor and City Clerk be, and they are, hereby authorized to execute the Agreement for Financing the Northwest Arkansas Regional Airport. The motion was seconded by Director Starr and upon roll call the following vote was recorded: "Aye" Jones, Swartz, McFerran, Melton, Lancaster, Starr, and Dunn. "Nay" none. There being seven "Ayes" and no "Nays", the Mayor declared the motion passed. SECOND AMENDMENT TO NORTHWEST ARKANSAS REGIONAL AIRPORT AGREEMENT((FINANCING AGREEMENT) WHEREAS, the parties signatory hereto have heretofore entered into the Northwest Arkansas Regional Airport Agreement, dated March 12, 1968, and have further entered into a First Amendment to said Agree- ment, dated April 9, 1968, and WHEREAS, Article VI of aforesaid Agreement, as -amended, provides that the final plan for financing the construction of the improvements contemplated by the Agreement shall be in the form of a supplements agreement which must be presented to the parties signatory hereto for approval and when approved shall become an addendum to said agreement, and WHEREAS, Article V -B and Article VI of said Agreement provide that the proportions in which the signatory parties are financially interested in the operations of the authority for budgetary purposes shall also be set forth,in said supplemental agreement on financing, and WHEREAS, the estimated cost of planning, developing, acquiring and constructing the Northwest Ark- ansas Regional Airport, together with terminal building and related facilities is $5,000,000.00; and, it is anticipated that $2,500,000.00 of said costs will be paid from grants to be received by the North- west Arkansas Regional Airport Authority from the Federal Government, leaving a balance of funds to be supplied locally in the amount of 2.5 million dollars. 364 I WHEREAS,_the financing plan hereinafter set forth has been developed by the Northwest Arkansas Regional Airport Authority in order to provide the local share of said costs in the amouht of 2.5 million dollars, Ark and said Authority has recommended that the signatory parties approve same. ional ancing I NOW, THEREFORE, IT IS HEREBY AGREED BY AND•BETWEEN THE PARTIES SIGNATORY HERF,Tb THAT THE NORTHWEST eement RKANSAS REGIONAL AIRPORT AGREEMENT BE FURTHER AMENDED BY ADDING ARTICLE IX THERETO TO READ AS FOLLOWS: ' Cont.) A. Operations and Maintenance. The proportions in which the parties signatory hereto are financially interested in the operations of the Authority shall be determined annually at budget fixing time on the basis of the assessed valuation of real and personal property within each of the political subdivisions signatory hereto. The proportions that each of the signatory cities are financially interested in operations of the Authority shall be the proportion that the assessed valuation of each of the signatory cities bears to the total assessed valuation of Benton and Washington Counties. The proportions that the Counties of Benton and Washington are financially interested in the operations of the Authority shall be the proportion that the assessed valuation of each (exclusive of the assessed valuation of the signatory cities within each county) bears to the total assessed valuation of Benton and Washington Counties. The assessed valual tion of real and personal property shall be determined annually at the time the annual budget of the Authority is submitted to the signatory parties by reference to the most recent County assessment as reflected by the records of the County Assessors of Benton and Washington Counties. The fiscal year of the Authority shall be on a calendar year basis beginning January 1, and ending December 31 of each year. The proposed annual budget of the Authority shall be submitted for the approval of the signatory parties by November 1 of each year prior to commencement of the new fiscal year for which the budget -is proposed. B. Plannin¢. Development. Acquisition and Construction. The local share of the costs in the sum of 2.5 million dollars for planning, development, acquisition and construction of the Northwest Arkansas Regional Airport, including terminal building and related facilities, shall be provided by a 2.5 million dollar bond issue to be amortized over approximately 30 years by two mill ad valorem tax in the Counties of Benton and Washington. The bond issue shall be in the following form: 1. A two mill county -wide bond issue in Benton County, except in that portion of Benton County situated within the corporate limits of the City of Springdale where it will be one mill, to be authorized by the qualified electors of Benton County under the provisions of Amendment 49 to the Constitution of Arkansas, pursuant to a county -wide election to be called by the County Judge of Benton County for said purpose. ' 2. A two mill county -wide bond issue in Washington County, except in Springdale where it will be one mill, to be authorized by the qualified electors of Washington County under the provisions of Amendment 49 to the Constitution of Arkansas, pursuant to a county -wide election to be called by the County Judge of Washington County for said purpose. S. 3. A one mill city-wide bond issue in the City of Springdale to be authorized by the qualified electors of the City of Springdale under the provisions of Amendment 13 to the Constitution of Arkansas, pursuant to a city-wide election to be called by the Mayor and City Council of the City of Springdale for said purpose. Said bond elections shall be called on a date mutually agreeable to the signatory parties and Northwest Arkansas Regional Airport Authority. Said elections shall be called with the understanding that the bonds authorized by said elections will not be issued or sold unless adequate funds are received in the form of said Federal grants or from other sources in amounts sufficient to complete the project. The ,the shall be called with the further understanding that the bonds authorized will not be issued or sold unless all three of the bond issues are approved by the voters. Upon approval of all three issues by the voters, the bonds shall be issued and sold by the political subdivisions calling said elections and the proceeds of the bond sales shall then be paid over to the Northwest Arkansas Regional Airport Authority for use in planning, development, acquisition and construc- tion of the airport, terminal building and related facilities. It is understood and agreed that the financial advisor for said bond issues shall be T. J. Ramey and Sons of Little Rock, Arkansas, pursuant to an agreement dated , 1968, between said firm, the Northwest Arkansas Regional Airport Authority, the City of Springdale and the Counties of Benton and Washington. ' IT IS FURTHER AGREED that all other provisions of the Northwest Arkansas Regional Airport Agreement, as amended, shall remain the same. LIN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed in their spective behalf, this 20th day of January, 1969. ATTEST: CITY OF FAYETTEVILLE, ARKANSAS ✓ //tet si /i i Zin�li BY: ff— CITY CLERK MAYOR ATTEST: CITY OF SPRINGDALE, ARKANSAS I BY: CITY CLERK MAYOR ATTEST: CITY OF ROGERS, ARKANSAS I BY: CITY CLERK MAYOR ATTEST: CITY OF SILOAM SPRINGS, ARKANSAS BY: CITY CLERK MAYOR ATTEST: CITY OF BENTONVILLE, ARKANSAS I BY: ICITY CLERK MAYOR COUNTY OF BENM N COUNTY OF WASHINGTON BY: BY: COUNTY)JUDGE COUNTY JUDGE kable gram for Director Dunn moved to approve the City Manager's submission of Workable Program for Community Improvement Recertification Application to the Department of Housing and Urban Development. , mmity IThe motion was seconded by Director Lancaster and passed unanimously. rovement ertifica- The City Manager reported that an ordinance was needed to correct a legal description in Ordinance No. 1628, n which was passed and approved November 4, 1968. The City Attorney introduced, and at the request of the Mayor,.read a proposed ordinance in its entirety ins entitled entitled "AN ORDINANCE TO CORRECT THE DESCRIPTION IN THE SECOND PARAGRAPH, DESIGNATED "TRACT NUMBERED 1" 6 OF ORDINANCE NUMBERED 1.628, WHICH WAS PASSED AND APPROVED NOV. 4, 1968, AND 4•iHICH CONTAINED CERTAIN ERRORS IIN THE STATED PARAGRAPH." 3651 Director Jones moved that, the Ordinance pass. The motion was seconded by Director Swartz and upon roll call the following vote was recorded: "Ave" Jones, Swartz, McFerran, Melton, Lancaster, Starr, and Dunn. "Nay" none. There being seven "Ayes" and no "Nays", the Mayor declared the Ordinance passed. ' Ordinance ORDINANCE NO. 1647 No. 1647 AN ORDINANCE TO CORRECT THE DESCRIPTION IN THE SECOND PARAGRAPH, DESIGNATED "TRACT NUMBERED 1" OF ORD NUMBERED 1628, WHICH WAS PASSED AND APPROVED NOV. 4, 1968, AND WHICH CONTAINED CERTAIN ERRORS IN THE PARAGRAPH. WHEREAS, at the regular Board meeting on November 4, 1968, the Board of Directors of the City of Fayetteville passed and approved Ordinance No. 1628, and the 2nd paragraph, designated "Tract Numbered 1" contained errors of description in the first line of said paragraph, said first line reading as follows: "All that part of the North 1,020 feet of the South East Quarter of the North East...." NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS. SECTION 1. That the City of Fayetteville, Arkansas, hereby corrects the description in the second paragraph, designated "Tract Numberedll", line 1 of said paragraph, to read as follows: "All that part of the North 1,020 feet of the Southwest Quarter of the Southeast....." SECTION 2. That this Ordinance shall be in full force and effect from and after its passage, approve and publication. PASSED AND APPROVED.this 20th day of January, 1969. APPROVED: ATTEST: C. G. MELTON, JR., MAYO MA IR LYN OGRE, CITY CLERK The City Manager recommended authorization to advertise for bids on the following equient: 1 street Tton Authorize Advertise- sweeper replacement; 2 four-wheel drive, rubber tire, 1i cu. yd, front end loaders; 2 pick-up truck: ment for Bids 1 for Street Department and 1 for Water Department replacements; 1 3/4 ton pick-up truck for Water Dept. replacement; 2 6 yd. dump trucks for Street Department replacements. Bids are to open February 20_, 1969, at 9 a.m. Director Lancaster moved to authorize advertisement for bids on the equipment as presented by the City Manager. The motion was seconded by Director McFerran and passed unanimously. Authorize improvements The City Manager recommended that the Director of Parks and Recreation be authorized to begin improvement: on park site N. at the 20 acre park site north of the Veteran's Hospital grounds as per the 1969 budget appropriations. Veteran's Hospital Director Swartz moved to authorize the Director of Parks and Recreation to begin improvements as presenter in the City Manager's recommendation. The motion was seconded by Director Dunn and passed unanimously. Director MdFerran moved that Mr. Albert J. Jones, Controller of the City of Fayetteville, be appointed Appointed Acting City Manager until a new City Manager was hired. Albert Jones The motion was seconded by Director Lancaster but before a vote was taken Director Dunn moved to amend Acting City the motion made by Director McFerran by adding that Mr. Jones be paid at the rate of $15,000 per year Manager during this period. Director Swartz seconded the amendment and it passed unanimously. A vote was taken on the original motion and it passed unanimously. There being no further business, Director Dunn moved to adjourn. The motion was seconded by Director ' Swartz and passed unanimously, whereupon the Mayor declared the meeting adjourned. APPROVED: ATTEST: C. G. MELTON, JR., MAYOR MARIL OGRE, CITYY CLERK (� The Board of Directors of the City of Fayetteville, Arkansas, met in regular session on Monday, February 3, 1969, in the Directors Room in the City Administration Building at 7:30 P.M. Present: Acting City Manager Albert J. Jones, City Clerk Marilyn Moore, City Attorney Richard Wells, and Directors Jones, Swartz, Melton, Lancaster, Starr, and Dunn. Absent: Director McFerran. Representatives of the press were'also present. The minutes of the regular meeting on Monday, January 20, 1969, a copy of which had previously been maile to each of the Directors, were approved as written. The Acting City Manager presented the petition of James F. and Billye Fletcher to rezone certain property Ordinance left on located on Highway 16 East from A-1, Annexed Territory District, to C-1, Neighborhood Commercial District first readin which had been approved by the Planning Commission. (Fletcher) Director Starr moved that the proposed ordinance entitled "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239, AND'REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED MAY 28, 1962, AS AMENDED, TO REZONE CERTAIN REAL ESTATE FROM A-1 ANNEY_ED TERRITORY DISTRICT TO C-1, NEIGHBORHOOD COMI4ERCIAL DISTRICT" be placed on the first reading. The City Attorney read the proposed ordinance in its entirety for the first time. After a long discussion, Director Starr moved that the rule be suspended and that the Ordinance be placed on the second reading. ' The motion was seconded by Director Lancaster and upon roll call the following vote was recorded: "Aye" Swartz, Melton, Lancaster, and Starr. "Nay" Jones and Dunn. There being only four "Ayes" and two "Nays", the motion to suspend the rule requiring an Ordinance to be read on three separate nights was defeated due to the lack of a two-thirds majority vote, and the Ord- inance was left on the first reading.