HomeMy WebLinkAbout1969-02-03 Minutes365
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 N0. 1647
No. 1647
AN ORDINANCE TO CORRECT THE DESCRIPTION IN THE SECOND PARAGRAPH, DESIGNATED "TRACT NUMBERED 1" OF ORDINA
NUMBERED 1628, `rIHICH WAS PASSED AND APPROVED NOV. 4, 19683 AND WHICH CONTAINED CERTAIN ERRORS IN THE STA
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
graph, designated "Tract Numbered1_1", 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 Hill force and effect from and after its passage, appr
publication.
PASSED AND APPROVED.this 20th day of January, 1969.
APPROVED:
ATTEST: Co G. MELTON, JR:, MAYOR
MARILYN OGRE, CITY CLERK
' The City Manager recommended authorization to advertise for bids on the following equipment: 1 street
Authorize Advertise- sweeper replacement; 2 four-wheel drive, rubber tire, 12 cu. yd, front end loaders; 2 ;ton 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
Mans ger.
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 presentee
in the City Manager's recommendation.
The motion was seconded by Director Dunn and passed unanimously.
Director McFerran 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: // � v Co G. MELTON, JR., MAYOR Joe
MARILY1,VMOORE, CITY 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 me
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 propert:
Ordinance le
%t on
located on Highway 16 East from A-1, Annexed Territory District, to C-1, Neighborhood Commercial District
first reading
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, 1962s AS AMENDED, TO
REZONE CERTAIN REAL ESTATE FROM A-1 ANNEXED TERRITORY DISTRICT TO C-1, NEIGHBORHOOD COMMERCIAL DISTRICT"
be placed on the first reading. q
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 places
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.
i
366
. 1648
The Acting City Manager presented the petition of W. R. Porter, Ola J. Porter and Barbara L. Jones to re-
zone certain property located on South Gregg Avenue from I -1B, Light Industrial District to R-4, Multi -
Family Residential District, which had been approved by the Planning Commission.
The City Attorney introduced, and at the request of the Mayor, read a proposed ordinance in its entirety
entitled "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239, AND REVISED ZONING DISTRICT MAP OF FAYETTE."
VILLE, ARKANSAS, APPROVED MAY 28, 1962, AS AMENDED, TO REZONE CERTAIN REAL ESTATE FROM I -1B, LIGHT IN-
DUSTRIAL DISTRICT TO R-4, MULTI -FAMILY RESIDENTIAL DISTRICT."
Director Starr moved that the rule be suspended and that the Ordinance be placed on the second reading.
The motion was seconded by Director Dunn and passed unanimously.
The Ordinance was then read for the second time.
Director Lancaster moved that the rule he further suspended and that the Ordinance be placed on the third
and final reading.
The motion was seconded by Director Swartz and passed unanimously. The Ordinance was then read for the
third and last time.
The Mayor declared the Ordinance open for discussion. There being none, the Mayor asked the question,
"Shall the Ordinance pass?"
Upon roll call the following vote was recorded: "Aye" Jones, Swartz, Melton, Lancaster, Starr, and Dunn
"Nay" none.
There being six "Ayes" and no "Nays", the Mayor declared the Ordinance passed.
ORDINANCE NO. 1648
AN ORDINANCE AMENDING ZONING ORDINANCE N0, 1239, AND REVISED ZONING DISTRICT MAF OF FAYETTEVILLE, ARK-
ANSAS, APPROVED MAY 28, 1962, AS AMENDED, TO REZONE CERTAIN REAL ESTATE FROM I -1B, LIGHT INDUSTRIAL
DISTRICT TO R-4, MULTI -FAMILY RESIDENTIAL DISTRICT. .
WHEREAS, a public hearing was held before the Planning Commission of the City of Fayetteville,
Arkansas, on January 21, 1969, on the petition of W. R. Porter, Ola J. Porter, and Barbara L. Jones,
requesting that said Planning Commission recommend to the Board of Directors of the City of Fayetteville,
Arkansas, that the Board of Directors enact an ordinance rezoning the following described property pres-
ently zoned I -1B, Light Industrial District to R-4, Multi -Family Residential District, to -wit:
Lots 13, 14, 15, and 16 in Hall and Gollaher's Addition to the City of Fayetteville, Washington
County, Arkansas, as designated upon the recorded plat of said addition, from and since the 25th
day of July A. D. 1923, at 3:00 o'clock P.M.
A part of the SE 1/4 of the SW 1/4 of Section 16, Township 16 North, Range 30 West, described
as follows, to -wit: Beginning at a point 14 poles and 1 link West of the North East corner
of said 40 acre tract, and running thence South 9 poles and 6 links; thence West to the East
line of the right of way of the St. Louis and San Francisco Railway; thence Northerly with
said railway right of way to the North line of said 40 acre tract; thence East to the place
of beginning, being Lot 3 in the County Court Plat of said SE 1/4 SW 1/4 Section 16, Town-
ship 16 North, Range 30 West, in Washington County,Arkansas, from and since the 14th day of
May, 1923, at 9:00 o'clock A.M.
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 gen-
eral circulation in said City, more than 15 days prior to said public hearing, and
WHEREAS, following said public hearing, said Planning Commission certified to the Board of Directors
of the City of Fayetteville, its recommendation that an ordinance be adopted rezoning the above-described
property, presently zohed I -1B, Light Industrial District to R-41 Multi -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 I -IB, Light Industrial
District be, and the same is hereby rezoned to R-4, Multi -Family Residential District.
SECTION 2. That all ordinances or parts of ordinances in conflict herewith are hereby repealed,
and this ordinance shall be in full force and effect from and after its passage, approval and publics.
PASSED AND APPROVED this 3rd day of February, 19AQ-
/�1..
MARILXN •O•CLERK
The Acting Citv Manager presented the petition of Lonnie Gragg and Richard Gragg to rezone certain prop-
erty located on Phillips Drive from R-2, Two Family Residential District to R-3, Multi -Family Residentia
District which had been approved by the Planning Commission.
The City Attorney introduced,and at the request of the Mayor, read a proposed ordinance in its entirety
for the first time entitled, "AN ORDINANCE AMENDING ZONING ORDINANCE N0, 1239, AND REVISED ZONING DISTRI
MAP OF FAYETTEVILLE, ARKANSAS, APPROVED MAY 28, 1962, AS AMENDED, TO REZONE CERTAIN REAL ESTATE FROM R-2
TWO FAMILY RESIDENTIAL DISTRICT TO R-3, MULTI -FAMILY RESIDENTIAL DISTRICT."
Director Starr moved that the rule be suspended and that the Ordinance be placed on the second reading.
Director Swartz seconded the motion, and it passed unanimously.
The Ordinance was then read for the second time.
Director Lancaster moved that the rule be further suspended and that the Ordinance be placed on the thir
and final reading. The motion was seconded by Director Dunn and passed unanimously.
The Ordinance was then read for the third and last time. The Mayor declared the Ordinance open for
discussion. There being no discussion, the Mayor asked the question, "Shall the Ordinance pass?"
Upon roll call the following vote was recorded: "Aye" Jones, Swartz, Melton, Lancaster, Starr, and Dunn
"Nay" none.
,There being six "Ayes" and no "Nays", the Mayor declared the Ordinance passed.
ORDINANCE N0: 1649
nance
1649 AN ORDINANCE AMENDING ZONING ORDINANCE N0, 1239, AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE,
ARKANSAS, APPROVED MAY 28, 1962, AS AMENDED, TO REZONE, CERTAIN REAL ESTATE FROM R-21 TWO FAMILY RESI-
DENTIAL DISTRICT TO R-3, MULTI -FAMILY RESIDENTIAL DISTRICT.
WHEREAS,
a public hearing
was held before
the
Planning Commission of
the City
of Fayetteville,
Arkansas, on
January 21, 1969,
on the petition
of
Lonnie Gragg and Richard
Gragg,
requesting that said
1
36'7
Planning Commission recommend to the Board of Directors of the City of Fayetteville, Arkansas, that the
Board of Directors enact an ordinance rezoning the following described property presently zoned R-2,
Two Family Residential District to R-3, Multi -Family Residential District, to -wit:
Lots 6 and 7 and 60 feet of equal and uniform width off the North side of Lot 5 in Block 2
of Gragg Addition to the City of Fayetteville, 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 gen-
eral circulation in said City, more than 15 days prior to said public hearing, and
WHEREAS, following said public hearing, said Planning Commission certified to the Board of Directors
of the City of Fayetteville, its recommendation that an ordinance be adopted rezoning the above-described
property, presently zoned R-2, Two Family Residential District to R-3, Multi -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 R-2, Two Family Residential
District be, and the same is hereby rezoned to R-3, Multi -Family Residential District.
SECTION 2.- That all ordinances or parts of ordinances in conflict herewith are hereby repealed,
and this ordinance shall be in full force and effect from and after its passage, approval and publicatioi
PASSED AND APPROVED this 3rd day of February, 1969.
APPROVED:
ATTEST: 0_ C. G. MELTON, R., MAYOR
MARIL M00 E, CITY CLERK
The Acting City Manager presented Eoyt Greenw6od's'petition'tito rezone certain property located on
' Storer Avenue from R-2, Two Family Residential District to R-3, Multi�LFamily Residential District which
had been approved by the Planning Commission.
The City Attorney introduced and, at the request of the Mavor, read a proposed ordinance in its entirety
for the first time entitled, "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239, AND REVISED ZONING DISTRIC
MAP OF FAYETTEVILLE, ARKANSAS, APPROVED MAY 28, 19623 AS AMENDED, TO REZONE CERTAIN REAL ESTATE FROM R-22
TWO FAMILY RESIDENTIAL DISTRICT, TO R-3, MULTI -FAMILY RESIDENTIAL DISTRICT."
Director Swartz moved that the rule be suspended and that the Ordinance be placed on the second reading.
The motion was seconded by Director Starr and passed unanimously.
The Ordinance was then read for the second time.
Director Jones 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 Lancaster and passed unanimously.
The Ordinance was then read for the third and last time. The Mayor declared the Ordinance open for dis-
cussion. There being no discussion, the Mayor asked the question, "Shall the Ordinance pass?"
Upon roll call the following vote was recorded: "Aye" Jones, Swartz, Melton, Lancaster, Starr, and
Dunn. "Nay" none.
There being six "Ayes" and no "Nays", the Mayor declared the Ordinance passed.
ORDINANCE NO. 1650
Ordinance No. 1650
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239, AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARK-
ANSAS, APPROVED MAY 28, 1962, AS AMENDED, TO REZONE CERTAIN REAL ESTATE FROM R>21 TWO FAMILY RESIDENTIAL
DISTRICT TO R-3, MULTI -FAMILY RESIDENTIAL DISTRICT.
WHEREAS, a public hearing was held before the Planning Commission of the City of Fayetteville,
Arkansas, on January 21, 1969, on the petition of Hoyt Greenwood, requesting that said Planning Commis-
sion recommend to the Board of Directors of the City of Fayetteville, Arkansas, that the Board of Direc-
tors enact an ordinance rezoning the following described property, presently zoned R-2, Two Family
Residential District to R-3, Multi-Familv Residential District, to -wit:
Lots Numbered 3, 4, and 5 in Block 15 of College 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,
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 gen-
eral 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 Dir
of the City of Fayetteville, its recommendation that an ordinance be adopted rezoning the above -des
property, presently zoned R-2, Two Family Residential District, to R-3, Multi -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 property, which is presently zoned R-2, Two Family Residential
District, be and the same is hereby rezoned to R-3, Multi -Family Residential District.
SECTION 2. That all ordinances or parts of ordinances in conflict herewith are hereby repealed,
and this ordinance shall be in full force and effect from and after its passage, approval and publica
PASSED AND.APPROVED this 3rd day of February, 1969.
APPROVED:
ATTEST: C. G. MELTON, AR., MAYOR
MA LYN GORE, CITY CLERK
The Acting City Manager presented the petitions.of J. R. Hatfield and Catherine Hatfield to rezone cer-
tain property located on the new 71 By-pass from A-1, Annexed Territory District and I-2, Heavy Indust-
rial District to C-2, Thoroughfare Commercial District; and Red Arrow Land Company, Incorporated to re-
zone certain property located on 18th Street and West Custer Lane from R-2, Two Family Residential District
171
No.
to C-2, Thoroughfare Commercial District.
After a long discussion, Director Dunn moved to accept the recommendation of Former City Manager Fox and
postpone action on zoning applications for properties with direct access to the 71 By-pass and direct
the Planning Commission to have a plan ready for public hearing in March which could consider the entire
problem of the By-pass in one ordinance.
The motion was seconded by Director Jones, but before a vote was taken Director Dunn withdrew his motion
with the Consent of Director Jones.
Director Dunn moved to place an ordinance entitled "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239, AND
REVISED ZONING DISTRICT MAF OF FAYETTEVILLE, ARKANSAS, APPROVED MAY 285 1962, AS AMENDED, TO REZONE CER-
TAIN REAL ESTATE FROM R-2, TWO FAMILY RESIDENTIAL DISTRICT TO C-2, THOROUGHFARE COMMERCIAL DISTRICT" on
the first reading.
The motion was seconded by Director Starr and passed unanimously.
The City Attorney read the Ordinance in its entirety for the first time.
Director Starr moved that the rule be suspended and that the Ordinance be placed on second reading. The
motion was seconded by Director Lancaster and passed unanimously.
The Ordinance was then read for the second time.
Director Lancaster moved that the rule be further suspended and that the Ordinance be placed on third
and final reading. The motion was seconded by Director Swartz and passed unanimously.
The Ordinance was then read for the third and last time.
After discussion, the Mayor asked the question, "Shall the Ordinance pass?"
Upon roll call the following vote was recorded: "Aye" Jones, Swartz, Melton, Lancaster, Starr, and Dunr
"Nay" none.
There being six "Ayes" and no "Nays", the Mayor declared the Ordinance passed.
)rdinance
ORDINANCE NO, 1651
10. 1651 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 12395 AND REVISED Z014ING DISTRICT MAP OF FAYETTEVILLE, ARKANSA
APPROVED MAY 28, 1962, AS AMENDED, TO REZONE CERTAIN REAL ESTATE FROM R-21 TWO FAMILY RESIDENTIAL DISTRI(
TO C-21 THOROUGHFARE COMMERCIAL DISTRICT.
WHEREAS, a public hearing was held before the Planning Commission of the City of Fayetteville,
Arkansas, on January 21, 1969, on the petition of Red.Arrow Land Company, requesting that said Planning
Commission recommend to the Board of Directors of the City of Fayetteville, Arkansas, that the Board of
Directors enact an ordinance rezoning the following described property presently zoned R-2, Two Family
Residential District to C-2, Thoroughfare Commercial District, to -wit:
Lots Numbered One (1) and Two (2) of Red Arrow Subdivision No. 2.
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 dal.rs 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-describec
property, presently zoned R-2, Two Family Residential District to C-2, Thoroughfare Commercial District.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS:
SECTION 1. That the above-described property, which is presently zoned R-2, Two Family Residential
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, anc
this ordinance shall be in full force and effect from and after its passage, approval and publication.
PASSED AND APPROVED this 3rd day of February, 1969. /
APPROVED:
ATTEST: /l/�� , �) 6910 . C. G. MELTON, JR., MAYOR
MARILYN M90RE2 CITY CLERK 41
mrred to Director Dunn moved to refer the Hatfield petition and all matters pertaining to changing zoning on the
fining Com. 71 By-pass to the Planning Commission and Planning Consultant with a direct charge to the Planning Con -
field sultant to devote utmost time and energy on a crash basis to developing a plan for the entire area by
Ltion the middle of March.
3y -Pass The motion was seconded by Director Jones and upon roll call the following vote was recorded: "Aye"
Jones, Swartz, Melton, Lancaster, and Dunn.
"Nay" Starr.
There being five "Ayes" and only one "Nay", the Mayor declared the motion passed.
The Acting City Manager presented the Final Plat of Eastgate Addition to the City of Fayetteville.
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 THE FINAL PLAT OF EA.STGATE ADDITION TO THE CITY OF FAY-
ETTEVILLE, ARKANSAS, AND TO ACCEPT AND CONFIRM THE DEDICATION OF THE STREET AND UTILITY EASEMENTS THEREIP
Director Starr moved that the rule be suspended and the Ordinance be placed on second reading.
The motion was seconded by Director Jones and passed unanimously.
The Ordinance was then read for the second time.
Director Starr moved that the rule be further suspended and the Ordinance be placed on the third and
final reading. The motion was seconded by Director Swartz and passed unanimously.
The Ordinance was read for the third and last time. There being no discussion, the Mayor asked the
question, "Shall the Ordinance pass?"
Upon roll call the following vote was recorded: "Aye" Jones, Swartz, Melton, Lancaster, Starr, and Dunn.
"Nay" none.
There being six "Ayes" and no "Nays",•the Mayor declared the Ordinance passed.
I
ORDINANCE N0, 1652
1652
AN ORDINANCE TO ACCEPT AND CONFIRM THE FINAL PLAT OF EASTGATE ADDITION TO THE CITY OF FAYETTEVILLE,
ARKANSAS, AND TO ACCEPT AND CONFIRM THE DEDICATION OF THE STREET AND UTILITY EASEMENTS THEREIN.
WHEREAS, there has been duly presented to the Board of Directors of the City of Fayetteville,
Arkansas, a plat dated December, 1968, known as the Final Plat of Eastgate Addition to the City of Fay-
etteville, Arkansas, in which the owner has dedicated for the public use the street and utility easement
shown upon said plat; and
WHEREAS, the Planning Commission of the City of Fayetteville, Arkansas, has recommended the
acceptance of said Plat;
of
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
Eastgate Addition 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 street 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 3rd day of February, 1969. � APPROVED:
ATTEST:
ATTEST:/1/�y N aalO. C. G. MELTON, JR., MAYOR
MAR�LYN RE, CITY CLERK
Arnold Christie The Acting City Manager recommended that Mr. Arnold Christie be an
to fill Mr. Jack Flora's unex-
appointed to I pired term on the Hospital Board. The term expires January 1,-1976.
Hospital Board Director Dunn moved to accept the recommendation and appoint 14r. Arnold Christie to a term on the Hospit
Board expiring January 1, 1976.
The motion was seconded by Director Swartz and upon roll call the following vote was recorded: "Aye"
Jones, Swartz, Melton, Lancaster, Starr, and Dunn.
"Nay" none.
There being six "Ayes" and no "Nays", the Mayor declared the motion passed.
Allan Gilbert) The Acting City Manager recommended that Mr. Allan Gilbert be appointed to fill Former City Manager Fox
appointed to NW Ark term on the Northwest Arkansas Regional Planning Commission until the new City Manager becomes familiar
Regional Planing with the situation.
Commission Director.Lancaster moved to accept the recommendation and appoint Mr. Allan Gilbert to an interim term
on the Northwest Arkansas Regional Planning Commission.
The motion was seconded by Director Swartz and upon roll call the following vote was recorded: "Aye"
' Jones, Swartz, Melton, Lancaster, Starr, and Dunn.
"Nay" none.
There being six "Ayes" and no "Nays", the Mayor declared the motion passed.
The City Attorney introduced, and at the request of the Mayor, read a proposed resolution in its entirety
entitled "A RESOLUTION BY THE CITY BOARD OF DIRECTORS INDICATING OPPOSITION TO THE PASSAGE OF HOUSE BILL
24, HOUSE BILL 147, HOUSE BILL 171, SENATE BILL 136, AND SENATE BILL 138."
Director Dunn moved to adopt the Resolution.
The motion was seconded by Director Jones and upon roll call the following vote was recorded: "Aye" Jone
Swartz, Melton, Lancaster, Starr, and Dunn.
"Nay" none.
There being six "Ayes" and no "Nays", the Mayor declared the Resolution adopted.
Resolution 3-69 1 RESOLUTION N0. 3-69
A RESOLUTION.BY THE CITY BOARD OF DIRECTORS INDICATING OPPOSITION TO THE PASSAGE OF HOUSE BILL 243 HOUSE
BILL 147, HOUSE BILL 171, SENATE BILL 136, AND SENATE BILL 138,
WHEREAS, House Bill 24
has been introduced in the
1969 General
Assembly which would require all
Arkansas Municipalities to
carry Workmen's Compensation
Insurance on
their employees; and
WHEREAS, House Bill 147 has been introduced in the 1969 General Assembly which would require payment
of a minimum wage on construction projects which cost over $20,000.00; and
WHEREAS, House Bill 171 has been introduced in the 1969 General Assembly which would establish
twenty (20) days sick leave per year with accrual up to one hundred.and twenty (120) days sick leave for
Policemen; and
' WHEREAS, Senate Bill 136 has been introduced in the 1969 General Assembly which would take away the
cities' jurisdiction for planning for five (5) miles outside the city limits; and
WHEREAS, Senate Bill 138 has been introduced in the 1969 General Assembly which provides for a
fifty-six (56) hour work week for firemen in cities over fifteen thousand (15,000) population; twenty-
four 024) hours on, forty-eight (48) hours off and cannot reduce salary or hours prescribed by Act.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS:
SECTION 1. That this Board go on record as vigorously opposing the passage of House Bill 24, House
Bill 147, House Bill 171, and Senate Bill 138, because of their great cost to the taxpayers of Arkansas
cities and because of their tendency to further erode local power over purely local matters; and
SECTION 2. That this Board go on record as vigorously opposing the passage of Senate Bill 136 be-
cause that area which is situated five (-5) miles outside a city's corporate limits is just as much a pa
of the city's social, political, and economic life as if it were already within the city'A corporate li.
and should, therefore, remain under the planning jurisdiction of the local governing body; and
SECTION 3. That this Board go on record as opposing any legislation that would take authority away
from the local governing body while not changing the responsibility of providing local public services.
PASSED„APPROVED AND ADOPTED this 3rd day of February, 1969.
_ �, APPROVED: _
ATTEST: I / n 'ry"”, C. G. MELTONf JR., MAYOR
MARI YN OORE, CITY CLERK
' r The City Attorney introduced, and at the request of the Mayor, read a proposed resolution in its entir
entitled "A RESOLUTION BY THE CITY BOARD OF DIRECTORS INDICATING SUPPORT TO THE PASSAGE OF SENATE BILL
49, HOUSE BILL 1512 AND SENATE JOINT RESOLUTION 0.
Director Jones moved to adopt the Resolution.
The motion was seconded by Director Swartz and upon roll call the following vote was recorded: "Aye"
Jones, Swartz, Melton, Lancaster, Starr, and Dunn.
"Nay" none.
There being six "Ayes" and no "Nays", the Mayor declared the Resolution adopted.
0
E]
3'70
RESOLUTION NO.
A RESOLUTION BY THE CITY BOARD OF DIRECTORS INDICATING SUPPORT TO THE PASSAGE OF SENATE BILL 49, HOUSE
BILL 1513 AND SENATE JOINT RESOLUTION 4.
WHEREAS, Senate Bill 49 has been introduced in the 1969 General Assembly which would relieve muni-
cipalities, schools, and counties of tort liability; and
WHEREAS, House Bill 151 has been introduced in the 1969 General Assembly which would authorize citii
of the first and second class to levy an optional 1¢ sales tax after approval by vote of the people and
said tax is to be collected by the State and turned back to the cities where collected; and
WHEREAS, Senate Joint Resolution 4 -has been introduced in the 1969 General Assembly which provides
for an amendment to the Arkansas Constitution which would authorize cities, upon majority vote, to levy
an annual tax not to exceed 5 mills, for improvement of city streets, curbs, gutters and sidewalks, and
authorizes cities to issue bonds -with millage pledged to secure such bonds. Further, Senate Joint Reso-
lution 4 provides that the Arkansas Constitution be ammended to make the 3 -mill county road tax levy
effective until repealed by majority vote.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS:
SECTION 1. That this Board go on record as vigorously supporting the passage of Senate Bill 49,
House Bill 151, and Senate Joint Resolution 4 because of their potential to provide local governments
with needed relief from tort liability and to provide local governments with broader and more flexible
sources of revenue.to support citizen demands for pressing public improvements and programs.
PASSED, APPROVED AND ADOPTED this 3rd day of.February, 1969.
MARItYN 90 . CLERK
APPROVED: 4� _
C. G. TON, JR., MAYOR
The Acting City Manager presented an ordinance authorizing the sale of a $940,000.00 Water and Sewer
Revenue Bond issue to Republic National Bank of Dallas, Texas, which had been approved in December, 1966.
The City Attorney introduced, and at the request of the Mayor, read the proposed ordinance in its entiret
entitled, "AN ORDINANCE PROVIDING FOR THE ISSUANCE OF WATERWORKS AND SEWER REVENUE BONDS, SERIES 1969,
BY THE CITY OF FAYETTEVILLE, ARKANSAS, FOR THE PURPOSE OF FINANCING THE COST TO THE CITY OF CONSTRUCTING
EXTENSIONS, BETTERMENTS AND IMPROVEMENTS TO THE WATERWORKS AND SEWER SYSTEM OF THE CITY; PROVIDING FOR
THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE BONDS; PRESCRIBING OTHER MATTERS RELATING THERETO;
AND DECLARING AN EMERGENCY".
Director Dunn, seconded by Director Lancaster, moved that the rule requiring the reading of an ordinance
or resolution in full on three different days be suspended and that the ordinance be placed on its seconc
reading. The Mayor put the question on the adoption of the motion and the roll being called, the follow-
ing voted "Aye" Jones, Swartz, Melton, Lancaster, Starr, and Dunn, and the following voted "Nay" none.
Thereupon the Mayor declared that at least two-thirds of all members of the Board having voted in favor
of the motion to susperd the rule, the motion was carried and the rule suspended. The ordinance was
then read by the City Attorney.
Director
Dunn, seconded,
by Director Swartz, then
moved that the rule requiring the reading of an ord-
inance in
full on three
different days be further
suspended and that the ordinance be placed on its thir<
reading.
The Mayor put
the question on the adoption of the motion and the roll being called the follow-
ing voted
"Aye" Jones, Swartz,
Melton, Lancaster,
Starr, and Dunn, and the following voted "Nay" none.
The Mayor declared that at least two-thirds of all members elected to the Board having voted in favor of
the motion to suspend the rule, the motion was carried and the rule suspended. The ordinance was then
read by the City Attorney.
The Mayor then declared the ordinance open for discussion. There being no discussion, the Mayor asked
the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye" Jones,
Swartz, Melton, Lancaster, Starr, and Dunn.
"Nay" none.
There being six "Ayes" and no "Nays", the Mayor declared the Ordinance passed.
Director Swartz moved that the Emergency Clause be adopted.
The motion was seconded by Director Lancaster and upon roll call the following vote was recorded: "Aye"
Jones, Swartz, Melton, Lancaster, Starr, and Dunn.
"Nay" none.
There being six "Ayes" and no "Nays", the Mayor declared the Emergency Clause adopted.
Director Jones moved that a public hearing on this Ordinance be held at the next regular meeting of the
Board of Directors on Monday, February 17, 1969, and that the City Clerk be, and she is, hereby authorize
to cause a notice of said public hearing to be published in the NW Arkansas Times, a daily newspaper
having a general circulation in the City of Fayetteville not less than 10 days prior to the date set for
the public hearing.
The motion was seconded by Director Swartz and upon roll call the following vote was recorded: "Aye"
Jones, Swartz, Melton, Lancaster, Starr, and Dunn.
"Nay" none.
There being six "Ayes" and no "Nays", the Mayor declared the motion passed.
II vruinanccORDINANCE N0. 1653
No.11653
AN ORDINANCE PROVIDING FOR THE ISSUANCE OF WATERWORKS AND SEWER REVENUE BONDS, SERIES 1969, BY THE CITY
OF FAYETTEVILLE, ARKANSAS, FOR THE PURPOSE OF FINANCING THE COST TO THE CITY OF CONSTRUCTING EXTENSIONS,
BETTERMENTS AND IMPROVEMENTS TO THE WATERVrRKS AND SEWER SYSTEM OF THE CITY; PROVIDING FOR THE PAYMENT
OF THE PRINCIPAL OF AND INTEREST ON THE BONDS; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLAR-
ING AN EMERGENCY,
WHEREAS the municipally owned waterworks and sewer facilities of the City of Fayetteville, Arkans
(the "City") are operated as one municipal undertaking and will be herein sometimes referred to as the
"System"; and
3 711
WHEREAS extensions, betterments and improvements to the System are necessary and the City has had
prepared by John E. Mahaffey & Associates, Inc. and L. M. McGoodwin, Consulting Engineers, Fayetteville,
Arkansas preliminary plans and estimates (the "Engineering Reports"), and the Board of Directors and
Ordinance No officials of the City and the Waterworks and Sewer Department have studied the Engineering Reports, con -
1653 (Cont.) ferred with the consulting engineers and otherwise investigated the extensions, betterments and improve-
ments reflected therein (collectively referred to as the "improvements") and the methods of financing
them, all from the standpoint of the best interest of the City, its inhabitants and the users of the
System; and
WHEREAS it has been, and is hereby, determined that the improvements reflected by the Engineering
Reports (copies of the Reports being on file in the office of the City Clerk and to which reference may
be had for the details of the improvements and the estimates of cost) should be accomplished, and that
there should be issued at this time $940,000 in principal amount of Waterworks and Sewer Revenue Bonds,
Series 1969 (the "bonds" or the "bonds of this issue"); and
WHEREAS the City has outstanding at this time $4,420,000 in principal amount of Waterworks and
Sewer Revenue Refunding Bonds dated June 1, 1963 issued under and secured by the provisions of Resolut
7-63, adopted and approved on April 8, 1963 (Resolution -7-63") and $4,300,000 in principal amount of
Waterworks and Sewer Revenue Bonds, Series 1966, dated September 1, 1966, issued under and secured by
the provisions of Ordinance No. 1508, adopted and approved August 8, 1966 ("Ordinance No. 150811) (both
outstanding issues being collectively referred to as the "Outstanding bonds"); and
WHEREAS the bonds can be issued on a parity of security with the Outstanding bonds provided the
conditions set forth in Section 19 of Resolution 7-63 (and Section 14 (2) of Ordinance No. 1508) have
been complied with and the Board of Directors has determined that those conditions have been complied
with and that, therefore, the bonds will be issued on and will rank on a parity of security with the
Outstanding bonds.
NOW, THEREFORE, BE IT ORDAINED by the Board of Directors of the City of Fayetteville, Arkansas:
Section L. That the improvements be accomplished. In this regard, the appropriate officials of
the City be and they are hereby authorized to execute all contracts and instruments and take all action
' necessary to accomplish the construction of the improvements and to carry out the authority conferred by
this Ordinance and to evidence the exercise thereof.
Section 2. That under the authority of the Constitution and laws of the State of Arkansas, includ-
ing particularly Act No. 131 of the Acts of Arkansas for the year 1933, as amended, Adt No. 132 of the
Acts of Arkansas for the ,year 1933, as amended, and Act No. 297 of the Acts of Arkansas for the year
1937, as amended, and the decision of the Supreme Court of the State of Arkansas in narrison v. Braswell
209 Ark. 1094, 194 S. W.2d 12 (1946), City of Fayetteville, Arkansas, Waterworks and Sewer Revenue Bonds
Series 1969, are hereby authorized and ordered issued in the aggregate principal amount of. $940,000,
The bonds shall be dated February 1, 1969 and interest thereon shall be payable on August 1, 1969 and
semiannually thereafter on February 1 and August 1 of each year. The kends shall be initially issued
as fully registered bonds (registered as to principal and as to interest) and the principal and interest
shall be payable at the principal office of Republic National Bank of Dallas, Dallas, Texas. The bonds
will bear interest at the rate of 5 1/2$ per annum for the first six months (due August 1, 1969), at the
rate of 5 3/4% per annum for the next six months (due February 1, 1970), and at the rate of 6% per annum
thereafter until paid. The bonds shall be numbered and shall mature as set forth in the following sched
ule, unless the principal is prepaid as hereafter provided, and the bonds shall be in the varying de-
nominations reflected by the schedule (with there being one bond for each year in the denomination of
the entire principal maturity for the ,year):
YEAR BOND NOS. PRINCIPAL AMOUNT
(August 1)
1970 R-1 $ 25,000
1971 R-2 16,000
1972 R-3 17,000
1973 R-4 18,000
1974 R-5 191000
' 1975 R-6 21,000
1976 R-7 18,000
1977 R-8 20,000 -
1978 R-9 23,000
1979 R-10 21000
1980 R-11 1,000
1981 R-12 5,000
1982 R-13 49000
1983 R-14 81000
1984 R-15 81000
1985 R-16 91000
1986 R-17 91000
1987 R-18 153000
1988 R-19 17,000
1989 R-20 1%000
1990 R-21 229000
1991 R-22 21,000
1992 R-23 183000
1993 R-24 24,000
1994 R-25 32,000
1995 R-26 315000
1996 R-27 303000
1997 R-28 31,000
1998 R-29 323000
1999 R-30 35,000
2000 R-31 38,000
2001 R-32 352,000
' Payments of interest and prepayments of principal made in respect of any bond may be made to the register
holder thereof or his designated agent, without surrender of the bond, and all such payments shall fully
discharge the obligations of the City in respect of such bond to the extent of the payments so made. The
Paving Agent is to keep a duplicate record of all payments made, and upon request the registered holder
of any bond shall present the same to the Paying Agent so that proper notation of the payment can be made
on the Payment Record attached to the bond. The City agrees that as soon as reasonably possible after th
receipt by the City of the written request of the registered holder of any bond and upon receipt by the
City of the expenses to be incurred by it or a showing to the City, to the satisfaction of the City, that
expenses will be paid upon request, the City will prepare and execute negotiable coupon bonds, payable to
bearer but registrable as to principal only or as to principal and interest, in the denomination of $1,00
or $5,000 each, as requested by the registered holder, in substantially the form of coupon bond hereafter
3'72
Section 3. The bonds shall be executed on behalf of the City by the Mayor and City Clerk and shall
have impressed thereon the seal of the City. The facsimile signature of the Mayor may be used upon com-
pliance with the provisions of Act No. 69 of the Acts of Arkansas for the year 1959. Interest coupons
attached to the coupon bonds shall be executed by the facsimile signature of the Mayor. The Mayor's
facsimile signature shall have the same force and effect.as if he had personally signed the bonds or
coupons. The bonds shall be executed by the manual signature of the City Clerk. The principal of and
interest on the bonds shall be payable solely out of the Bond Fund (hereafter referred to) and shall be
a valid claim of the bondholders only against the Bond Fund and the revenues pledged to the Bond Fund
which revenues (being net revenues derived from the operation of the System) are hereby pledged and
mortgaged for the equal and ratable payment of the principal of and interest on the bonds, and the Out-
standing bonds which rank on a parity of security, and the Bond Fund shall be used for no other purpose.
The principal of and interest on the bonds shall not constitute an indebtedness of the City within any
constitutional or statutory limitation.
Section 4. The fully registered bonds shall be in substantially the following form:
(Form of a fully registered bond)
UNITED STATES OF AMERICA
STATE OF ARKANSAS
COUNTY OF WASHINGTON
CITY OF FAYETTEVILLE, ARKANSAS
WATERWORKS AND SEAgM REVENUE BOND
SERIES 1969
No. R -
KNOW ALL MEN BY THESE PRESENTS:
That the City of Fayetteville, Washington County, Arkansas, a municipality duly existing under the
Constitution and laws of the State of Arkansas (the "City"), for value received, promises to pay to
Republic National Bank of Dallas, Dallas, Texas or assigns (the "Payee") the principal sum of
DOLLARS
on the first day of August, 19 in such coin or currency of the United States of American as at the tim
of payment shall be legal tender for the payment of debts due the United States of America, and to pay
interest on the principal amount of this bond from time to time remaining unpaid in like coin or currenq
at the ratecof 5 1/2% per annum for the first six months (due August 1, 1969), at the rate of 5 3/4% per
annum for the second six months (due February 1, 1970), and at the rate of 6% per annum thereafter (com-
mencing with the interest payment due August 1, 1970) until paid, payable semiannually on February 1 and
August 1 of each ,year. Payment of principal and interest shall be made at the office of Republic Nation
Bank of Dallas, Dallas, Texas (the "Paving Agent"). Payments of principal and interest, including pre-
payments of principal as hereafter provided, shall be by check mailed to the Payee and payments other
than the final payment at maturity shall be made without the necessity of the Payee surrendering this
bond and all payments so made shall fully discharge the obligations of the City to the extent of the
payments so made. The Paving Agent shall keep a record of all payments and the Payee may at any time
submit this bond to the Paying Agent for completion of the Payment Record as to all payments theretofore
made. Upon final payment of principal and interest, this bond shall be submitted to the Paying Agent
for cancellation and surrender to the City.
This bond is one of an issue of bonds aggregating Nine Hundred Forty Thousand Dollars ($940,000) in
principal amount, issued initially as fully registered bonds, designated "City of Fayetteville, Arkansas
Waterworks and Sewer Revenue Bonds, Series 196911, dated February 1 1969 (the "bonds"). The bonds are
being issued for the purpose of financing the cost of constructing extensions, betterments and improve-
ments to the Waterworks and Sewer facilities of the City (which are operated as one system and herein
referred to as the "System") and paying necessary expenses incidental thereto.
The bonds are issued pursuant to and in full compliance with the Constitution and laws of the State
of Arkansas, particularly Act No. 131 of the Acts of Arkansas for the year 1933, as amended, Act No. 132
of the Acts of Arkansas for the year 1933, as amended, Act No. 297 of the Acts of Arkansas for the year
1937, as amended, the decision of the Supreme Court of the State of Arkansas in Harrison v. Braswell,
209 Ark. 1094, 194 S.W. 2d 12 (1946) and pursuant to Ordinance No. adopted and approved on
the day of February, 1969 (the "Authorizing Ordinance"). The bonds are not general obligation
of the City, but are special obligations payable solely from net revenues derived from the operation of
the System. There is presently outstanding an issue of City of Fayetteville Waterworks and Sewer Revenu
Refunding Bonds, dated June 1, 1963 issued under Resolution 7-63 adopted and approved April 8, 1963
("Resolution 7-63"), and an issue of City of Fayetteville Waterworks and Sewer Revenue Bonds, Series 196
dated September 1, 1966, issued under Ordinance No. 1508 adopted and approved on August 8, 1966 ("Ord-
inance No. 150811) (both outstanding issues being collectively referred to as the "Outstanding bonds"),
and the bonds are being issued on and shall rank on a parity of security with the Outstanding bonds.
Provision is made for an amount of the net revenues derived from the operation of the System sufficient
to pay the principal of and interest on the bonds and on the Outstanding bonds to be set aside in a
special fund for that purpose identified as the "Waterworks and Sewer Revenue Refunding Bond Fund"
(created by Section 5 of Resolution 7-63) with reference being hereby made to the authorizing ordinance
(and to Resolution 7-63 and Ordinance No. 1508) for a detailed statement of the nature and extent of the
security, the rights and obligations of the City and the registered holders of the bonds and the terms
and conditions upon which the bonds are issued, including, without limitation, the covenant of the City
to fix and maintain rates for water and sewer services which shall be sufficient at all times to at leas
provide for the payment of the reasonable expenses of operation and maintenance of the System, the pay-
ment of the principal of, interest on and Paving Agent's fees in connection with the bonds and the Out-
standing bonds, as the same become due, and to maintain the other Funds at the required levels.
in this Ordinance set forth, in the aggregate principal amount equal to the unpaid principal amount of
Or
'Hance
the registered bond, with coupons annexed thereto maturing after the date to which interest on the fully
No.
1653
registered bond shall have been paid. The City will cause such coupon b nds to be authenticated by
(Cont.)
Republic National Bank of Dallas, Dallas, Texas (the "Paying Agent") and delivered to the registered
holder of the fully registered bond upon surrender and cancellation of the fully registered bond. The
City shall at the time of any such written request for an exchange of a fully registered bond for coupon
bonds deliver to the Paving Agent a Certificate certifying the principal amount then unpaid on the fully
registered bond and the date to which interest on the fully registered bond shall have been fully paid.
Any fully registered bond so surrendered shall be cancelled and delivered to the City. The Paying Agent
shall be fully protected in relying on any certificate or ordinance or resolution delivered to it under
the provisions of this Section. The coupon bonds received in exchange shall contain the designation of
the fully registered bond and in addition shall be numbered consecutively from 1 upwards; for example,
the designation shall be "R-1-111, etc. There shall be no exchange privilege from coupon bonds to fully
registered bonds.
Section 3. The bonds shall be executed on behalf of the City by the Mayor and City Clerk and shall
have impressed thereon the seal of the City. The facsimile signature of the Mayor may be used upon com-
pliance with the provisions of Act No. 69 of the Acts of Arkansas for the year 1959. Interest coupons
attached to the coupon bonds shall be executed by the facsimile signature of the Mayor. The Mayor's
facsimile signature shall have the same force and effect.as if he had personally signed the bonds or
coupons. The bonds shall be executed by the manual signature of the City Clerk. The principal of and
interest on the bonds shall be payable solely out of the Bond Fund (hereafter referred to) and shall be
a valid claim of the bondholders only against the Bond Fund and the revenues pledged to the Bond Fund
which revenues (being net revenues derived from the operation of the System) are hereby pledged and
mortgaged for the equal and ratable payment of the principal of and interest on the bonds, and the Out-
standing bonds which rank on a parity of security, and the Bond Fund shall be used for no other purpose.
The principal of and interest on the bonds shall not constitute an indebtedness of the City within any
constitutional or statutory limitation.
Section 4. The fully registered bonds shall be in substantially the following form:
(Form of a fully registered bond)
UNITED STATES OF AMERICA
STATE OF ARKANSAS
COUNTY OF WASHINGTON
CITY OF FAYETTEVILLE, ARKANSAS
WATERWORKS AND SEAgM REVENUE BOND
SERIES 1969
No. R -
KNOW ALL MEN BY THESE PRESENTS:
That the City of Fayetteville, Washington County, Arkansas, a municipality duly existing under the
Constitution and laws of the State of Arkansas (the "City"), for value received, promises to pay to
Republic National Bank of Dallas, Dallas, Texas or assigns (the "Payee") the principal sum of
DOLLARS
on the first day of August, 19 in such coin or currency of the United States of American as at the tim
of payment shall be legal tender for the payment of debts due the United States of America, and to pay
interest on the principal amount of this bond from time to time remaining unpaid in like coin or currenq
at the ratecof 5 1/2% per annum for the first six months (due August 1, 1969), at the rate of 5 3/4% per
annum for the second six months (due February 1, 1970), and at the rate of 6% per annum thereafter (com-
mencing with the interest payment due August 1, 1970) until paid, payable semiannually on February 1 and
August 1 of each ,year. Payment of principal and interest shall be made at the office of Republic Nation
Bank of Dallas, Dallas, Texas (the "Paving Agent"). Payments of principal and interest, including pre-
payments of principal as hereafter provided, shall be by check mailed to the Payee and payments other
than the final payment at maturity shall be made without the necessity of the Payee surrendering this
bond and all payments so made shall fully discharge the obligations of the City to the extent of the
payments so made. The Paving Agent shall keep a record of all payments and the Payee may at any time
submit this bond to the Paying Agent for completion of the Payment Record as to all payments theretofore
made. Upon final payment of principal and interest, this bond shall be submitted to the Paying Agent
for cancellation and surrender to the City.
This bond is one of an issue of bonds aggregating Nine Hundred Forty Thousand Dollars ($940,000) in
principal amount, issued initially as fully registered bonds, designated "City of Fayetteville, Arkansas
Waterworks and Sewer Revenue Bonds, Series 196911, dated February 1 1969 (the "bonds"). The bonds are
being issued for the purpose of financing the cost of constructing extensions, betterments and improve-
ments to the Waterworks and Sewer facilities of the City (which are operated as one system and herein
referred to as the "System") and paying necessary expenses incidental thereto.
The bonds are issued pursuant to and in full compliance with the Constitution and laws of the State
of Arkansas, particularly Act No. 131 of the Acts of Arkansas for the year 1933, as amended, Act No. 132
of the Acts of Arkansas for the year 1933, as amended, Act No. 297 of the Acts of Arkansas for the year
1937, as amended, the decision of the Supreme Court of the State of Arkansas in Harrison v. Braswell,
209 Ark. 1094, 194 S.W. 2d 12 (1946) and pursuant to Ordinance No. adopted and approved on
the day of February, 1969 (the "Authorizing Ordinance"). The bonds are not general obligation
of the City, but are special obligations payable solely from net revenues derived from the operation of
the System. There is presently outstanding an issue of City of Fayetteville Waterworks and Sewer Revenu
Refunding Bonds, dated June 1, 1963 issued under Resolution 7-63 adopted and approved April 8, 1963
("Resolution 7-63"), and an issue of City of Fayetteville Waterworks and Sewer Revenue Bonds, Series 196
dated September 1, 1966, issued under Ordinance No. 1508 adopted and approved on August 8, 1966 ("Ord-
inance No. 150811) (both outstanding issues being collectively referred to as the "Outstanding bonds"),
and the bonds are being issued on and shall rank on a parity of security with the Outstanding bonds.
Provision is made for an amount of the net revenues derived from the operation of the System sufficient
to pay the principal of and interest on the bonds and on the Outstanding bonds to be set aside in a
special fund for that purpose identified as the "Waterworks and Sewer Revenue Refunding Bond Fund"
(created by Section 5 of Resolution 7-63) with reference being hereby made to the authorizing ordinance
(and to Resolution 7-63 and Ordinance No. 1508) for a detailed statement of the nature and extent of the
security, the rights and obligations of the City and the registered holders of the bonds and the terms
and conditions upon which the bonds are issued, including, without limitation, the covenant of the City
to fix and maintain rates for water and sewer services which shall be sufficient at all times to at leas
provide for the payment of the reasonable expenses of operation and maintenance of the System, the pay-
ment of the principal of, interest on and Paving Agent's fees in connection with the bonds and the Out-
standing bonds, as the same become due, and to maintain the other Funds at the required levels.
3'73
As provided in the authorizing ordinance, this bond is exchangeable at the expense of the registere
Ordinance holder, at anv time, upon notice to the City and upon surrencer of this Fond to the City at the office
No. 1653 of the Paying Agent, for negotiable coupon bonds, payable to bearer but registerable as to principal only
(Cont.) or as to principal and interest, in the denomination of $1,000 or $5,000 each, in the aggregate principal
amount eoual to the unpaid principal amount of this bond, and in the form of coupon bond provided for'in
the authorizing ordinance.
The bonds shall be subject to redemption prior to maturity as follows:
(1) In the case of excess funds from the proceeds of the sale of the bonds in the Construction
Fund after the construction of the improvements has been completed and in the case of.surplus revenues
derived from the operation of the System, as set forth in the authorizing ordinance, the bonds shall be
subject to redemption prior to maturity from funds from those sources, in whole or in part, on any inter-
est payment date, at a price of par and accrued interest with the redemption to be in inverse order of
maturity (if less than all of a single maturity, then the principal amount of the fully registered bond
for that maturity shall be prepaid in multiples of $1,000, or if there are exchange coupon bonds for that
maturity, then the exchange coupon bonds are to be redeemed in inverse numberical order); and
(2) In the case of funds from any source the bonds shall be subject to redemption prior to matur-
ity, in whole but not in part, on any interest payment date at a price of par and accrued interest.
In the case of registered bonds (fully registered or exchange Fonds registered as to principal onlN
or registered as to principal and interest) notice of redeption shall be given at least;15 days before
the redemption date by mailing to the registered holder of each bond a notice specifying the redemption
date and the number and maturity of the bonds being redeemed (in the case of a partial prepayment of a
maturity the notice shall specify the bond which is being partially prepaid and the amount of principal
being prepaid). In the case of exchange bonds (payable to bearer or registered as to principal only)
there shall be published a notice of redemption one time in a newspaper published in the City of Little
Rock, Arkansas, and having a general circulation throughout the State of Arkansas giving the number and
maturity of each exchange coupon bond being called with the publication being at least 15 days prior to
the redemption date. After the redemption date each bond called for redemption (and in the case of a
partial prepayment the amount of the principal being precaid) shall cease to bear interest provided fund;
for the redemption are on deposit with the Paying Agent at that time.
' The fully registered bonds may be assigned, and upon assignment the assignor shall promptly notify
Paying the City at the office of the Ping Agent by registered mail, and the assignee shall surrender the bond
to the Paving Agent for transfer on the registration records and verification of the endorsement made on
the payment record attached hereto of the portion of the principal hereof and interest hereon paid or
prepaid, and every such assignee shall take this bond subject to this condition.
It is hereby certified that all conditions, acts and things required to exist, to have happened
and to have been performed precedent to and in the issuance of this bond do exist, have happened and
have been performed in regular form, time and manner; that the indebtedness represented by the bonds doe:
not exceed any constitutional or statutory limitation; and that sufficient revenues derived from the
operation of the system have been pledged for and will be applied to the payment of the principal of and
interest on the bonds to make those payments as the same become due.
This bond shall not be entitled to any benefit under the authorizing ordinance or be valid or be-
come obligatory unless it shall have been authenticated by the Paving Agent completing the Certificate
appearing hereon.
IN WITNESS WHEREOF, the City of Fayetteville, Arkansas has caused this bond to be executed in its
name by its Mayor and City Clerk (with the facsimile signature of the Mayor but with .the manual signature
of the City Clerk), thereunto duly authorized, and its corporate seal to be affixed, all as of the first
day of February, 1969.
CITY OF FAYETTEVILLE, ARKANSAS
By (facsimile siPnature)
MAYOR
ATTEST:
' CITY CLER
(SEAL)
CERTIFICATE
This bond is one of the fully registered bonds that is a part of an issue of City of Fayetteville,
Arkansas Waterworks and Sewer Revenue Bonds, Series 1969, dated February 1, 1969, aggregating $940,000
in principal amount.
REPUBLIC NATIONAL BANK OF DALLAS
DALLAS, TEXAS
BY
Authorized Signature
(Form of Assignment)
For value received, the registered owner last listed below sells, conveys, transfers, assigns and
delivers this bond to the assignee last listed below:
Registered Owner Assignee
PAYMENT RECORD
Principal
Principal Balance Interest
Due Date Payment Due Payment Date Paid Name of Paying Agent Authorized Official
and Title
August 1, 1969
February 1, 1970
August 1, 1970
' February 1, 1971
August 1, 1971
February 1, 1972
August 1, 1972
February 1, 1973
August 1, 1973
February 1, 1974
August 1, 1974
February 1, 1975
August 1, 1975
February 1, 1976
August 1, 1976
1653
t.)
PAYMENT RECORD (Cont.
Due Date Principal Principal
Payment Balance Interest F'
Due Payment
February 1, 1977 _
August 1, 1977
February 1, 1978
August 1, 1978
February 1, 1979
August 1, 1979
February 1, 1980
August 1, 1980
February 10 1981
August 1, 1981
February 1, 1982
August 1, 1982
February 1, 1983
August 1, 1983
February 1, 1984
August 1, 1984
February 1, 1985
August 1, 1985
February 1, 1986
August 1, 1986
February 1, 1987
August 1, 1987
February 1, 1988
August 1, 1988
February 1, 1989
August 1, 1989
February 1, 1990
August 1, 1990
February 1, 1991
August 1, 1991
February 1, 1992
August 1, 1992
February 1, 1993
August 1, 1993
February 1, 1994
August 1, 1994
February 1, 1995
August 1, 1995
February 1, 1996
August 10 1996
February 1, 1997
August 1, 1997
February 1, 1998 ,
August 1, 1998
February 1, 1999
August 1, 1999
February 1, 2000
August 1, 2000
February 1, 2001
August 1, 2001
and
Name of Paying Agent Authorized Official
Date Paid and Title
WHEREAS the coupon bonds, interest coupons to be attached thereto and the Certificate to be en
thereon are all to be in substantially the following form, with necessary variations, omissions and
insertions, to -wit:
UNITED STATES OF AMERICA
STATE OF ARKANSAS
COUNTY OF WASHINGTON
CITY OF FAYETTEVILLE, ARKANSAS
WATERWORKS AND SEWER REVENUE BOND
SERIES 1969
No. R -
KNOW ALL MEN BY THESE PRESENTS:
That the City of Fayetteville, Washington County, Arkansas, a municipality under the laws of the
State of Arkansas (the "City") for value received, promises to pay to bearer, or if this bond be regist-
ered to the registered holder hereof, on August 1, 19 , the principal sum of
DOLLARS
in such coin or currency of the United States of America as at the time of payment shall be legal tender
for the payment of public and private debts, and to pay in like coin or currency interest on the principm
amount at the rate of 5 1/2% per annum for the first six months (due August 1, 1969), at the rate of
5 3/4% per annum for the second six months (due February 1, 1970), and at the rate of 6% per annum there-
after (commencing with the interest payment due August 1, 1970) until paid, payable semiannually on
February 1 and August 1 of each year. The principal and interest is payable at the principal office of
Republic National Bank of Dallas, Dallas, Texas (the "Paying Agent").
This bond is part of an issue of bonds aggregating Nine Hundred Forty Thousand Dollars ($940,000)
in principal amount, designated "City of Fayetteville, Arkansas Waterworks and Sewer Revenue Bonds, Ser.
196911, dated February 1, 1969 (the "bonds"). The bonds were initially issued as fully registered bonds
but this bond is one of several exchange coupon bonds issued in exchange for and in lieu of a fully
registered bond pursuant to the exchange privilege containted in the authorizing ordinance (hereinafter
identified).
The bonds are issued pursuant to and in full compliance with the Constitution and laws of the Stat
of Arkansas, particularly Act No. 131 of the Acts of Arkansas for the ,year 1933, as amended, Act No. 13
of the Acts of Arkansas for the year 1933, as amended, Act No. 297 of the Acts of Arkansas for the year
1937, as amended, the decision of the supreme Court of the State of Arkansas in Harrison v. Braswell,
209 Ark, 10943 194 S. W. 2d. 12 (1946) and pursuant to Ordinance No. adopted and approved on
the day of February, 1969 (the "authorizing ordinance"). The bonds are not general obliga-
tions of the City, but are special obligations payable solely from net revenues derived from the operat
1
3 751
of the System. There is presently outstanding an issue of City of Fayetteville Waterworks and Sewer
Ordinance No Revenue Refunding Bonds, dated June 1, 1963 issued under Resolution 7-63 adopted and approved on April 8,-
1653
;1653 1963 ("Resolution 7-63"), and an issue of City of Fayetteville Waterworks and Sewer Revenue Bonds, Series
(Cont.) 1966, dated September 1, 1966, issued under Ordinance No. 1508 adopted and approved on August 8, 1966
("Ordinance No. 150811) (both outstanding issues being collectively referred to as the "Outstanding Bonds"),
and the bonds are being issued on and shall rank on a parity of security with the Outstanding bonds.
Provision is made for an amount of the net revenues derived from the operation of the System sufficient
to pay the principal of and interest on the bonds and on the Outstanding bonds to be set aside in a spec-
ial fund for that purpose identified as the "Waterworks and Sewer Revenue Refunding Bond Fund" (created
by Section 5 of Resolution 7-63) yn•th reference being hereby made to the authorizing ordinance (and to
Resolution 7-63 and Ordinance No 1508) for a detailed statement of the nature and extent of the security,
the rights and obligations of the City and the registered holders of the bonds and the terms and conditions
upon which the bonds are issued, including, without limitation,the covenant of the City to fix and main-
tain rates for water and sewer services which shall be sufficient at all times to at least provide for
the payment of the reasonable expenses of operation and maintenance of the System, the payment of the
principal of, interest on and Paying Agent's fees in connection with the bonds and the Outstanding bonds,
as the same become due, and to maintain the other Funds at the required levels.
The bonds shall be subject to redeption prior to maturity as follows:
(1) In the case of excess funds from the proceeds of the same of the bonds in the Construction Fund
after the construction of the improvements has been completed and in the case of surplus revenues derived
from the operation of the System, as set forth in the authorizing ordinance, the Fonds shall be subject
to redemption prior to maturity from funds from those sources, in whole or in part; on any interest pay-
ment date, at a price of par and accrued interest with the redemption to be in inverse order of maturity
(if less than all of.a single maturity, then the principal amount of the fully registered bond for that
maturity shall be prepaid in multiples of $1,000, or is there are exchange coupon bonds for that maturity
then the exchange coupon bonds are to be redeemed in inverse numerical order); and
(2) In the case of funds from any other source the bonds shall be subject to redemption prior to
maturity, in whole but not in part, on any interest payment date at a price of par and accrued interest.
In the case of registered bonds (fully registered or exchange bonds registered as to principal only
' or registered as to principal and interest) notice of redemption shall be given at least 15 days before
the redemption date by mailing to the registered holder of each bond a notice specifying the redemption
date and the number and maturity of the bonds being redeemed (in the case of a partial prepayment of a
maturity the notice shall specify the bond which is being partially prepaid and the amount of princial
being prepaid). In the case of exchange bonds (payable to bearer or registered as to principal only)
there shall be published a notice of the redemption one time in a newspaper published in the City of Litt'.
Rock, Arkansas and having a general circulation throughout the State of Arkansas giving the number and
maturity of each exchange coupon bond being called with the publication being at least 15 days prior to
the redemption date. After the redemption date each bond called for redemption (and in the case of a
partial prepayment the amount of the principal being prepaid) shall cease to bear interest provided funds
for the redemption are on deposit with the Paving Agent at that time.
11
I i
This bond may be registered as to principal alone or as to principal and interest and may be dis-
charged from such registration, in the manner, with the effect and subject to the terms and conditions
endorsed hereon and set forth in the authorizing ordinance. Subject to the provisions for registration
endorsed hereon and contained in the authorizing ordinance, nothing in this bond or the authorizing
ordinance shall affect or impair the negotiability of this bond and this bond shall be deemed a nego-
tiable instrument under the laws of the State of Arkansas and is issued with the intent that the laws of
the State of Arkansas will govern its construction.
It is hereby certified that all conditions, acts and things required to exist, to have happened and
to have been performed precedent to and in the issuance of this bond do exist, have happened and have
been performed in regular form, time and manner; that the indebtedness represented by the bonds does not
exceed any constitutional or statutory limitation; and that sufficient revenues derived from the opera-
tion of the System have been pledged for and will be applied to the payment of the principal of and
interest on the bonds to make those payments as the same become due.
This bond shall not be entitled to any benefit under the authorizing ordinance or be valid or become
obligatory unless it shall have been authenticated by the Paying Agent completing the Certificate appear-
ing hereon.
IN WITNESS 'MiEREOF, the City of Fayetteville, Arkansas has caused this bond to be executed in its
name by its Mayor and City Clerk (with the facsimile signature of the Mayor but with the manual signature
of the City Clerk), thereunto duly authorized, and its corporate seal to be affixed, all as of the first
day of February , 1969. .
CITY OF FAYETTEVILLE, ARKANSAS
BY (facsimile signature)
MAYOR
ATTEST: (manual signature)
CITY CLERK
(SEAL)
On each bond shall appear the following:
CERTIFICATE OF AUTHENTICATION
This is one of the exchange coupon bonds that is a part of an issue of City of Fayetteville, Arkan
Waterworks and Sewer Revenue Bonds, Series 1969, dated February 1, 1969, aggregating $940,000 in princi
amount.
99
REPUBLIC NATIONAL BANK OF DALLAS
DALLAS, TEXAS
BY
Authorized Signature
(Form of Interest Counon)
No.
February,
On the first day of August,- 19 , the City of Fayetteville, Arkansas, unless the bond to which
this coupon is attached is paid prior thereto, hereby promises to pay to bearer, solely out of the specia
fund specified in the bond to which this coupon is attached,
DOLLARS
in such coin or currency as at the time of payment is legal tender for the payment of debts due the
United States of America, being six (6) months' interest then due on its Waterworks and Sewer Revenue Bor
Series 1969, dated February 1, 1969, and numbered R- .
CITY OF FAYETTEVILLE, ARKANSAS
BY (facsimile signature)
Mayor
3'76
1653
t.)
PROVISIONS FOR REGISTRATION AND RECONVERSION
This bond may be registered as to principal alone on books of the City, kept by the Trustee under
the within mentioned Indenture as bond registrar, upon presentation hereof to the bond registrar, which
shall make mention of such registration in the registration blank below, and this bond may thereafter be
transferred only upon an assignment duly executed by the registered owner or his attorney or legal rep-
resentative in such form as shall be satisfactory to the bond registrar, such transfer to be made on suct
books and endorsed hereon by the bond registrar. Such transfer may be to bearer, and thereafter trans-
ferability by delivery shall be restored, but this bond shall again be subject to successive registra-
tions and transfers as before. The principal of this bond, if registered, unless registered to bearer,
shall be payable only to or upon the order of the registered owner or his legal representative. Interest
accruing on this bond will be paid only on presentation and surrender of the attached interest coupons
as they respectively become due, and notwithstanding the registration of this bond as to principal, the
appurtenant interest coupons shall remain payable to bearer and shall continue to be transferable by
delivery; provided, that if upon registration of this bond, or at any time thereafter while this bond is
registered in the name of the owner, the unmatured'ooupons attached evidencing interest to be thereafter
paid hereon shall be surrendered to said bond registrar, a statement to that effect will be endorsed her(
on by the bond registrar and thereafter interest evidenced by such surrendered coupons will be paid by
check or draft of the bond registrar at the times provided herein to the registered owner of this bond
by mail to the address shown on the registration books. This bond when so converted into a bond register
as to both principal and interest may be reconverted into a coupon bond at the written request of the
registered owner and upon presentation at the office of said bond registrar. Upon such reconversion the
coupons representing the interest to become due thereafter to the date of maturity will again be attache(
to this bond and a statement will be endorsed hereon by the bond registrar in the registration blank
below whether it is then registered as to principal or payable to bearer.
Manner of Signature of
Date of Registration Name of Registered Owner Registration Bond Registrar
Section 5. That it is hereby expressly found and declared that the provisions of Section 19 of
Resolution 7-63 (and Section 14 (2) of Ordinance No. 1508) pertaining to the issuance of parity bonds
have been fully met and complied with and that, therefore, the bonds of this issue shall rank on a parit
of security with the Outstanding bonds. In this regard, the required Certificate of the independent
certified public accountant shall be filed in the office of the City Clerk prior to the delivery of the
bonds of this issue.
Section 6. The Citv covenants, reaffirms and agrees that all revenues derived from the operation (
ownership of the System shall be kept separate and apart from other Funds.of the City. To that end the
following special Funds have heretofore been created and are hereby reaffirmed:
a)
Waterworks
and
Sewer
Fund
b)
Waterworks
and
Sewer
Revenue Refunding Bond
Fund (the "Bond Fund")
c)
Waterworks
and
Sewer
Revenue Refunding Bond
Reserve Fund (the "Revenue Fund")
d)
Waterworks
and
Sewer
Contingency Reserve (the
"Contingency Fund")
e)
f)
Waterworks
Waterworks
and
and
Sewer
Sewer
Repair and Replacement
Surplus Revenue Fund
Fund (the "Repair and Replacement Fund")
(the "Surplus Revenue Fund")
Section 7. The City covenants, reaffirms and agrees that so long as the bonds or Outstanding bonds
or interest on either remain outstanding and unpaid, the entire income and revenues derived from the op-
eration or ownership of the System shall be set aside as collected and deposited in the special Fund
known as the "Waterworks and Sewer Fund" and there shall be disbursed therefrom each month such sums as
are reasonable and proper for the costs of operation and maintenance of the System. All revenues of the
Svstem not actually required to pay the costs incurred as permitted by this Section shall be deposited
in the other Funds heretofore created and herein reaffirmed, each of which shall have priority thereto i
the order listed in the preceding Section.
Section 8. On the first business da*r of each month, there shall be set aside and deposited into th
Bond Fund not less than (a) the amounts required to be mid into such fund by Resolution 7-63 and Ord-
inance No. 1508 (for the Outstanding bonds)plus (b) the amounts required for the payment of the princip
and interest on the bonds as the same become due in accordance with the following schedule, and to pay
the Paying Agent's charges:
INTEREST
YEAR BOND NOS, PRINCIPAL FEBRUARYII AUGUST 1 TOTAL
(Aug. 1)
1969 $25,850 $ 25,850
1970 R-1 $ 25,000 $27,025 28,200 80,225
1971 R-2 16,000 27,450 27,450 70,900
1972 R-3 17,000 26,970 26,970 709940
1973 R-4 18,000 262460 26,460 70,920
1974 R-5 191000 252920 252920 70,840
1975 R-6 21,000 253350 25,350 71,700
1976 R-7 18,000 24,720 24,720 67,440
1977 R48 20,000 24,180 24,180 68,360
1978 R-9 232000 23,580 23,580 70,160
1979 R-10 21000 22,890 22,890 47,780
1980 R-11 1,000 22,830 22,830 46,660
1981 R-12 5,000 222800 22,800 50,000
1982 R-13 :4,000 221650 222650 49000
1983 R-14 8,000 22,530 22,530 53,060
1984 R-15 8,000 22,290 22,290 522580
1985 R-16 291000 22,050 22,050 53,100
1986 R-17 91000 21,780 21,780 52,560
1987 R_'18 15,000 21,510 21,510 58,020
1988 R-19 17,000 21,060 21,060 59,120
1989 R-20 193000 20,550 203550 60,100
1990 R-21 22,000 19,980 19,980 61,960
1991 R-22 21,000 19,320 199320 591640
1992 R-23 18,000 189690 18,690 55080
1993 R-24 24,000 18,150 182150 60,300
1994 R-25 32,000 179430 17,430 66,860
1995 R-26 31,000 162470 16,470 63,940
1996 R-27 30,000 15,540 15,540 61,080
1997 R-28 31,000 14,640 14,640 60,280
1998 R-29 322000 131 10 13, 10 5q zp
1999 R-30 35,000 12,]50 1250 b0; 00
.2000 R-31 382000 11,700 11,700 61,400
LJ
17
J
3"7'71
YEAR BOND NOS. PRINCIPAL INTEREST
FEBRUARY 1 AUGUST 1 TOTAL
Ordinance No. 2001 R-32 $352,000 $10,560 $10,560 $373,120
1653 (Cont.).
Foregreater clarity, not less than the following amounts shall be deposited into the Bond Fund in
addition to those required to be made therein by Resolution 7-63 and Ordinance No. 1508:
(a) On the first business day of each month 1/6 of the next succeeding interest payment and Paying
Agent's charges to become due on the bonds;
(b) On the first business day of each month beginning August 1, 1969, 1/12 of the next maturing
principal payment and Paying Agent's charges on the bonds; and
(c) Such additional amounts if any be necessary,tto provide sufficient funds for the interest due
August 1, 1969.
No further payments need be made into the Bond Fund when the amount contained therein and in the
Reserve Fund is at least equal to the aggregate principal amount of the bonds and Outstanding bonds then
outstanding, plus the amount of interest then due or thereafter to become due on all such bonds. All mon
paid into the Bond Fund shall be held by the City in trust for the holder or holders of the bonds, the
Outstanding bonds, and the coupons appertaining thereto, and the City shall not have any beneficial in-
terest or right in such money.
All money deposited in the Bond Fund shall be used solely for the purpose of paving interest on and
and the principal of the bonds, the Outstanding bonds, together with the Paying Agent's fees, and for no
other purpose.
Section 9. The required level of the Reserve Fund shall be increased to $560,000. At the option
of the City, all or any portion of the required increase may be deposited into the Reserve Fund out of
the proceeds of the sale of the bonds or the increase (or the part not deposited out of bond proceeds)
may be deposited out of revenues over the five-year period ending February 1, 1974 with not less than
20% of the increase (or the part not deposited out of bond proceeds) to be deposited during each of such
five years.
The Reserve Fund shall be maintained at $560,000 and shall be used for no purpose other than to pre-
vent a default in the payment of the principal of and interest on the bonds and the Outstanding bonds.
In the event moneys from the Reserve Fund are utilized for the aforesaid purpose, the Fund shall be re-
stored to $560,000 from the first moneys in the Waterworks and Sewer Fund available for the purpose.
Section 10. There is now on deposit in the Contingency Fund the sum of not less than $100,000. The
Contingency Fund shall be maintained at that figure and shall be used only to the extent necessary to mee
any emergency arising out of or affecting the continuous operation of the System as a revenue producing
undertaking for which there are no other funds available or for preventing the default in the payment of
principal of or interest on the bonds or Outstanding bonds, or performing any covenant of the Citv for
which there are no other funds available. In the event moneys from the Contingency Fund are expended for
those purposes, or any of them, the Contingency Fund shall be restored to $100,000 from the first funds
available in the Waterworks and Sewer Fund,
Section 11. There is now on deposit in the Repair and Replacement Fund the sumnof not less than
$50,000. The money in the Repair and Replacement Fund shall be used solely for the purpose of paying
the costs of replacements made necessary by the depreciation and/or obsolescence of the System and in
event moneys from the Repair and Replacement Fund are expended for those purposes, or any of them, the
Repair and Replacement Fund shall be restored to $50,000 from the first funds available in the Water-
works and Sewer Fund.
Section 12. The deposits required to be made into the Reserve, Contingency, or the Repair and Re-
placement Funds by virtue of the preceding sections shall be made on the first business day of each month
If in any month the City shall for any reason fail to pay into the Funds the amounts required by Sections
8, 9, 10 and 11, amounts equivalent to such deficiency shall be set apart and paid into the Funds from
the first available and unallocated revenues of the System for the following month or months (having the
priority of application in the order the Funds are listed in Section 6), and such payments shall be in
addition to the amounts hereinabove provided to be otherwise paid into the Funds during such month or
months.
Section 13. Any revenues remaining in the Waterworks and Sewer Fund after the payments required by
Sections 7 through 12 hereof shall be set aside and deposited into the Surplus Revenue Fund and may be
used to call bonds and Outstanding bonds for redemption or for the construction of improvements and bette
ments to the Systems, or for any lawful purpose. '
Section 14. The provisions of Sections 4, 10 through 20 and 23 of Resolution 7-63 are hereby made
applicable to the bonds and shall inure and appertain to the bonds to the same extent and with like force
and effect as if set forth in full except that a'financial statement (required by Section 16) shall also
be filed with the Paying Agent. Any reference to "bonds" or "Water and Sewer Revenue Refunding Bonds" as
contained in said Sections shall mean the Outstanding bonds and the bonds of this issue. The intended
effect of incorporating of those provisions of Resolution 7-63 herein, shall be to make those provisions
fully applicable to the bonds of this issue and the language of Resolution 7-63 shall be construed and
interpreted to accomplish that intended effect. In this regard, however, it is expressly covenanted:
(1) So long as any of the Outstanding bonds, or any of the bonds of this issue, or any bonds subse-
quently issued on a parity herewith, are outstanding and unpaid, principal and interest, the City shall
alwayd
s continuously and efficiently operate the System as a revenue producing undertaking and shall alway
charge and maintain in effect (and shall increase the same from time to time if and to the extent necessa
rates for the services of the System which will produce revenues at least adequate for the operation and
maintenance expenses of the System, for making the required deposits into the Bond Fund for the purpose
of paving the principal of, interest on and Pa�irg Agent's fees in connection with the bonds, and the
Outstanding bonds, maintaining the Reserve Fund at the required level ($560,000), maintaining the Water-
works and Sewer Contingency Reserve at the required level, maintaining the Waterworks andSewer Repair and
Replacement Fund at the required level, and discharging all other monetary and other obligations of the
City under Resolution 7-63, Ordinance No. 1508 and under the authorizing ordinance;
(2) The provisions of Section 19 ofc'Resolution 7-63 pertaining to the issuance of additional bonds
shall be applicable with the result'that the bonds of this issue shall be included with the Outstanding
bonds and with any bonds then proposed to be issued insofar as the 133 1/3$ coverage requirement for pari
bonds is concerned; and
r37s
(3) The investment provisions of Section 23 of Resolution 7-63 are intended to be applicable to
nance any funds available for investment (except moneys in the Construction Fund created by Section 9 of this
1653 ordinance which contains express provisions) and shall be considered part of the particular fund out of
t.) which moneys are invested, with earnings credited to the fund and losses charged against the fund, except
of course, when earnings in the Reserve Fund, the Contingency Reserve and the Repair and Replacement Fund
increase the amount in the particular fund in excess of the required level of the particular fund the
excess may be transferred into the Waterworks and Sewer Fund,
Section 15. That the bonds shall be subject to redemption prior to maturity as set forth in the
fond forms appearing in Section 4 hereof. In this regard it is expressly understood that the redemption
of the Outstanding bonds and the redemption of the bonds of this issue is entirely separate so that there
need be n6 proportionate or pro rata redemption of bonds and that the bonds of any issue may be redeemed,
in accordance with the applicable redemption provisions pertaining to the particular issue, in whole or
in part without any redemption of any of the bonds of any other issue!
Section 16. That when the bonds have been executed and the seal of the City impressed as herein
provided, they shall be delivered to the Paving Agent, which shall authenticate them and deliver them to
the order of Republic National Bank of Dallas, Dallas, Texas upon receipt by the Paving Agent, on behalf
of the City, of the sum of Nine Hundred Forty Thousand Dollars ($940,000) plus accrued interest from
February 1, 1969 to the date of delivery of the bonds (the "total sale proceeds"). The Paying Agent sha
disburse the total sale proceeds as follows:
(a) The amount of the accrued interest shall be deposited into the Bond Fund;
(b) Any amount specified, if any be specified, in a Letter of Instructions signed by the Mayor an
delivered to the Paying Agent, as an increase in the Reserve Fund shall be deposited into the Reserve Fu
(in this regard Republic National Bank of Dallas, Dallas, Texas is hereby designated as an eligible de-
pository for all or any portion of the Reserve Fund with this designation being'made pursuant to the pro
visions of Section 4 of Resolution 7-63); and
(c) The balance of the total sale proceeds shall be paid into a special fund of the City which is
hereby created and designated "Series 1969 Water and Sewer Construction Fund" (the "Construction Fund").
The Construction Fund shall be maintained in a depository or depositories, designated from time to time
by the Board of Directors of the City, that is a member of the Federal Deposit Insurance Corporation
(Republic National Bank of Dallas, Dallas, Texas is hereby designated as one of the depositories which
shall be eligible for the deposit of all or any portion of moneys in the Construction Fund). The moneys
in the Construction Fund in excess of the amount insured by the Federal Deposit Insurance Corporation,
unless invested as hereafter specified, shall be continuously secured by bonds or other direct or fully
guaranteed obligations of the United States of America, or bonds issued by the Cit„v, including this Seri
The moneys in the Construction Fund shall be disbursed for the payment of the cost of accomplishing the
improvements, paving necessary expenses and making necessary expenditures incidental thereto, paying
engineering fees, paying legal fees, and paying any expenses of the City incurred in the authorization
and issuance of the bonds. Each disbursement shall be by check or warrant signed by the City Treasurer
and the Manager of the System which shall reflect in respect of each payment:
(1)
The
name of
the person,
firm or corporation to whom
payment is
due;
(2)
The
amount
to be paid;
and
(3)
The
purpose
by general
classification for which the
obligation
to be paid was incurred.
When the improvements have been completed and all authorized expenditures from the Construction
Fund have been made, if there be any remaining balance in the Construction Fund, the City Treasurer and
the Manager of the System shall file a Certificate with the depository of the Construction Fund, with a
copy of the Certificate to be filed in the office of the City Treasurer, stating that the improvements
have been accomplished and that all authorized expenditures have been made and specifying the dispositio
to be made of the remaining balance in the Construction Fund. In this regard, any remaining balance may
be used for redeeming bonds or may be transferred to the Bond Fund. Upon receipt of the Certificate the
depository of the Construction Fund shall transfer or disburse the remaining balance as directed in the
Certificate.
Moneys in..the Construction Fund may be invested and reinvested, as directed by the City Treasurer
or Manager of the System, in direct obligations of, or obligations the principal of and interest on which
are unconditionally guaranteed by, the United States of America, or in Certificates of Deposit of the
Paying Agent which shall mature not later than the dates that the moneys in the Construction Fund will be
needed for the accomplishment of the improvements, as shall be determined by the City in its sole discre-
tion. Investments shall be deemed at all times a part of the Construction Fund and anv earnings shall be
credited to the Construction Fund and any losses shall be charged to the Construction Fund.
Section 17. Title to any exchange coupon bond (references in this Section 17 to "bond" shall mean
exchange coupon bonds), unless such bond is registered in the manner herein provided, and to any interest
coupon shall pass by delivery in the same manner as a negotiable instrument payable to bearer. The City
shall cause books for the registration and for the transfer of the bonds as provided in this Ordinance to
be kept by the Paving Agent as Bond Registrar. At the option of the bearer, any bond may be registered
as to principal alone on such books, upon presentation thereof to the Bond Registrar, which shall make
notation of such registration thereon. Any bond registered as to principal may thereafter he transferred
only upon an assignment duly executed by the registered owner or his attorney or legal representative in
such form as shall be satisfactory to the Bond Registrar, such transfer to be made on such books and en-
dorsed on the bond by the Bond Registrar. Such transfer may be to bearer and thereafter transferability
by delivery shall be restored, subject, however, to successive registrations and transfers as before. Th
principal of any bond registered as to principal alone, unless registered to bearer, shall be payable
only to or upon the order of the registered owner or his legal representative, but the coupons appertain-
ing to any bond registered as to principal shall remain payable to bearer notwithstanding such registra-
tion, provided, that if upon registration of any such bond, or at any time thereafter while registered in
the name of the owner, the unmatured coupons attached evidencing interest to be thereafter paid thereon
shall be surrendered to said bond registrar a statement to the effect will be endorsed thereon and there-
after interest evidenced by such surrendered coupons will be paid by check or draft, by said bond registra
at the times provided therein to the registered owner by mail to the address shown on the registration
books. Each of the bonds when converted as aforesaid into a bond registered as to both principal and
interest may be reconverted into a coupon bond at the written request of the registered owner and upon
presentation at the office of said bond registrar. Upon such reconversion the coupons representing the
interest to become due thereafter to the date of maturity will be attached to the bond and a statement
will be endorsed thereon by said bond registrar in the registration blank on the back of the bond whether
it is then registered as to principal or payable to bearer. No charge shall he made to an•", bond holder
for the privilege of registration and transfer hereinabove granted, but any bond holder requesting any
such registration or transfer shall pay any tax or other governmental charge required to be paid with
respect thereto, if any be applicable under governing laws to the particular registration or transfer.
As to any bond registered as to Drincipal, the person in whose name the same shall be registered shall
be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of
the principal of any bond shall be made only to or upon the order of the registered owner thereof, or his
legal representative, and neither the City, the Paying Agent nor the Bond Registrar shall be affected by
3'791
any notice to the contrary, but such registration may be changed as herein provided. All such payments
Ordinance No. shall be valid and effectual to satisfy and discharge the liability upon such bond to the extent of the
1653 (Cont.) sum or sums so paid. The City, the Bond Registrar and the Paving Agent may deem and treat the bearer of
any bond which shall not at the time be registered as to principal, and the bearer of any coupon apper-
taining to any bond, whether such bond be registered as to principal or not, as the absolute owner of
such bond or coupon, as the case may be, whether such bond or coupon shall be overdue or not, for the pur
pose of receiving payment thereof and for all other purposes whatsoever, and neither the City, the Bond
Registrar nor the Paying Agent shall be affected.bv any notice to the contrary.
Section 18. That this ordinance shall not create any right of any kind, and no right of any kind
shall -arise hereunder pursuant to it until the bonds shall be issued and delivered.
Section 19. That if -any provision of this ordinance shall for any reason be held illegal or invalid
such holdings shall not affect the validity of the remainder of the provisions of the ordinance.
Section 20. The City agrees to pay the following Paving Agent's fees:
(1) A semiannual fee of $50.00 for the payment of principal and interest of all fully registered
bonds;
(2) A fee of 12 1/2 cents per coupon and $1.25 per bond for the payment of principal and interest
of $5,000 denomination exchange coupon bonds; and
(3) For services as registrar as to principal only (effective upon submitting of initial bond for
registration):
(i) A minimum annual charge of $25.00 for the registration of not to exceed 25 bonds in any
one year and
(ii) 50 cents for each additional bond registered or discharged from registration in any one
year. .
Section 21. That the Mayor is hereby directed to publish for one insertion in the Northwest Arkansa
Times which is hereby found and declared to be a newspaper published in Fayetteville, Arkansas, and of
general circulation therein, this ordinance, to which shall be attached a notice signed by him in sub-
stantially the following form:
NOTICE
Notice is hereby given that the Board of Directors of the City of Fayetteville, Arkansas, has adopte
Public Hearing the ordinance hereinafter set out; that the City contemplates the issuance of the Waterworks and Sewer
Bond Ordinance Revenue Bonds described in the ordinance; that any person interested may appear before the Board on the
1653 I 17th day of February, 1969, at 7:30 o'clock p.m., at the usual meeting place of the Board held in Fay-
etteville, Arkansas and present protests. At such hearing all objections and suggestions will be heard,
and the Board will take such action as is deemed proper in the premises.
OEO Nominati
Jon L. Starr
DATED this 3rd day of February, 1969.
Section 22. That all ordinances, resolutions and parts thereof in conflict herewith are hereby
repealed to the extent of such conflict.
Section 23. That it is hereby ascertained and declared that the waterworks and sewer facilities of
the City are inadequate for the present and for the foreseeable future and that by reason of such inade-
quacy the lives, property, and welfare of the City are in jeopardy. The hazard can be alleviated by the
construction of the improvements but the bonds must be issued in order to obtain necessary funds for
accomplishing the improvements. It is, therefore, declared that an emergency exists, and this ordinance
being necessary for the immediate preservation of the public peace, health and safety, shall take effect
and be in force from and after its passage.
PASSED: February 3, 1969.•
ATTEST:
MARILYN GORE, CITY CLERK
APPROVED: 4 445;
C. G. MELTON; JR., MAYOR
CERTIFICATE
The undersigned, City Clerk of the City of Fayetteville, Arkansas, hereby certifies that the fore-
going pages, numbered 1 to 38, inclusive, are a true and perfect copy of Ordinance No. 1653 adopted at
a session of the Board of Directors of the Cite of Fayetteville, Arkansas, held at City Administration
Building in said City, at.7:30 o'clock p.m., on the 3rd day of February, 1969, and that said ordinance
is of record in Ordinance Record Book No. H at page 370, now in my possession.
GIVEN under my hand and seal on this 7th day of February, 1969.
v—LFJ2� K
Director Swartz moved to give Mayor Melton latitude to place Jon L. Starr's name in nomination for a
term on the OEO County Board to replace James Kerlin who resigned.
The motion was seconded by Director Dunn and upon roll call the following vote was recorded: "Aye"
Jones, Swartz, Melton, Lancaster, Starr, and Dunn.
"Nay" none.
There being six "Ayes" and no "Nays", the Mayor declared the motion passed.
The Acting City Manager presented a proposed resolution concerning the Fayetteville Street Improvement
' District No. 60. _
proposed The City Attorney, introduced and at the request of the Mavor, read the resolution in its ent
Director Dunn moved,to adopt the Resolution as presented by the Acting City.Manager.
The motion was seconded by.Director Swartz and upon roll call the following •vote was recorded: "Ave"
Jones, Swartz, Melton, Lancaster, Starr, and Dunn.
"Nay" none.
There being six "A•yes""and no "Nays", the Mayor declared the Resolution adopted.
380
RESOLUTION N0, 5-69
WHEREAS, the Board of Directors of the City of Fayetteville, Arkansas, a municipal corporation, did
cause studies to be made of the needs for street improvement to all of East and Block Avenues lying be-
tween the north boundary of Meadow Street and the south boundary of Dickson Street including all propert.i
abutting thereto which improvements consist of:
(1) Removal of existing curb and gutter.
(2) Excavate area from edge of existing pavement to proposed curb line, 41 feet back to back,
(or maximum possible).
(3) Construct new concrete curb and gutter joining existing or repairable sidewalk.
(4) Install 8" crushed stone compacted base in excavated area.
(5) Relocate all utilities, drainage structure, etc., affected.
(6) Prime, and pave to edge of gutters.
AND WHEREAS, pursuant to the above described studies the Board of Directors of the City of Fayette-
ville, Arkansas, as received from John E. Mahaffey & Associated, Inc., Consulting Engineers, certain
findings and determinations relating to said improvements which findings and determinations are hereby
adopted by said Board of Directors and which findings and determinations are as follows, to -wit:
REPORT ON IMPROVEMENTS OF STREETS
CITY OF FAYETTEVILLE
FAYETTEVILLE, ARKANSAS
PROPOSED FAYETTEVILLE STREET IMPROVEMENT DISTRICT No. 60
I. GENERAL
September, 1
In accordance with the instructions received from the City Board of Directors, received by letter
dated July 16, 1968, John E. Mahaffey and Associates, Incorporated, Consulting Engineers, Fayetteville,
Arkansas, was authorized to perform engineering studies for the improvement of North Block Street and
North East Street. These improvements were to be studied on each of the aforementioned streets from the
intersection of Meadow Street to the intersection of Dickson Street.
These instructions required a report to be made to the City Board of Directors in twenty (20)
and the report should oontain the below listed data.
1. Determination of the improvement necessary to widen the streets noted in first paragraph above.
2. The widening of each street to be of approximately the same width, retaining the existing
sidewalks, if at all possible.
3. Determine the approximate cost of these proposed improvements including the relocation of
public utilities, various appurtenances such as parking meters, signs, etc., engineering, and
other related costs.
4. Determine the approximate cost of that which is to be assessed against each parcel of property
fronting on the improvements.
In accordance with the aforementioned letter, it is our understanding that this project is to be
authorized under provisions of Act 251 of 1967, and that this firm will be employed to perform the de-
tailed engineering plans and specifications for this proposed project.
II. CONSIDERATIONS
As instructed in the letter of authorization delegating this firm to perform the aforementioned
street improvement project, the following guides and controlling fadtors were utilized to estimate the
construction costs, and other related costs, for this proposed. project.
1. The existing street width of North B1ock.Street and North East Street from Center Street to
Meadow Street.
2. Utilization of existing sidewalks wherever possible.
3. Utilization of a minimum of two inches (211) of hot mix -hot laid asphaltic concrete to provide
a good, lasting surface.
4. Curb and gutter type edge rather than a widewalk with vertical edge. A distance of 40' - 0"
face to face of curb proposed.
III. DESIGN CRITERIA
The design of this proposed street improvement project insofar as that related to surfacing and sid,
drainage will be in accordance with the Standard Specifications for Highway Construction of the Arkansas
State Highway Department.
• The prime and tack coats are proposed to be single applications of bituminous material applied to
the completed and approved base course or on the existing pavement or bituminous surfacing. In general,
a medium curing cutback asphalt will be used for the prime coat and a rapid curing cutback asphalt or
emulsified asphalt will be used for the tack coat. The asphaltic concrete hot mix surface course shall
be a compacted mixture of mineral aggregate and asphaltic cement constructed on a completed base course
or existing bituminous surface. This surface is proposed to be a mixture of Type 3 mineral aggregate
(approximately 200 pounds per square yard) and from 5% to 8% (by weight) of asphaltic cement.
IV. ESTIMATED PROJECT COSTS
The total estimated project costs for Fayetteville Street Improvement District No. 60 of Fayette-
ville, Arkansas, is as follows:
Unit Cost
$1.20 S.Y.
4.50/'i'on
0.50/Gal.
1975/L.F.
Inc. Contribution
Amount Estimated
$ 9,480.00
7,650.00
2,240.00
6,650.00
1,500.00
$27,530.00
1,370.00
2,750.00
2 7 0.00
34,400.00
10,500.00
5,000.00
E
Approx.
Item Description
Item
Quantity
Complete in Place
1.
7900 S. Y.
Hot -Mix Asphalt Paving
2.
1700 Tons
Compacted Base (SB -2)
3.
4500 Gals,
Prime Coat (MC -1)
4.
3800 L.F.
Con. Curb & Gutter
5.
L.S.
Water & Sewer Relocations
Estimated Construction Costs
Construction Contingencies (5%)
Engineering Costs (10%)
Legal and Administrative (10%)
Project Sub -Total
Less: City's Participation
Less: Downtown Fayetteville Unlimited,
Unit Cost
$1.20 S.Y.
4.50/'i'on
0.50/Gal.
1975/L.F.
Inc. Contribution
Amount Estimated
$ 9,480.00
7,650.00
2,240.00
6,650.00
1,500.00
$27,530.00
1,370.00
2,750.00
2 7 0.00
34,400.00
10,500.00
5,000.00
E
381
TOTAL ESTIMATED PROJECT FINANCING REQUIRED $18,900.00
Resolution 5-69
(Cont.) I CERTIFIED CORRECT,
JOHN E. MAHAFFEY, ARK, P.E.#,841
V. FINANCING
PLAN I
The proposed project funds to be provided are therefore $18,900.00. If the project can be funded
by direct contribution on the basis of per front foot of adjoining property the total cost would be
approximately $5.50 per front foot. (3480 front feet).
PLAN II
1. Assuming the proposed project funding is to be provided by issuance of Street Improvement
District Bonds, at a coverage factor 110% the bonds could be amortized approximately as shown in the
following schedule of conditions:
INTEREST ANNUAL PRIN. & ANNUAL PER FRONT
PRINCIPAL YEARS RATE INTEREST PAYMENT FOOT ASSESSMENT
$19,000 10 5% $2,700 $0.78
19,000 20 5% 1,670 0.48
19,000 10 6% 23850 0.82
19,000 20 6% 11820 0.53
2. Assuming the proposed project funding is to be proved by issuance of Street Improvement Certi-
ficates of Indebtedness, at a coverage £actor 110% the Certificates of Indebtedness could be amortized
approximately as shown in the following schedule of conditions:
INTEREST ANNUAL PRINCIPAL ANNUAL ASSESSMENT
PRINCIPAL PERIOD RATE AND INTEREST. PER FRONT FOOT
$192000.00 5 Yr. 7% $5,095.80 $1.47
191000.00 10 Yr. 7% 21973.50 0.86
19,000.00 15 Yr. 7% 2,293.30 0.66
193000.00 5 Yr. 8% 51234.50 1951
19,000.00 10 Yr. 8% 3.114.10 0.90
191000.00 15 Yr. 8% 2,441.50 0.71
VI. SCHEDULE
Construction of this work can move rapidly and could be completed in May or June of 1969 is so
We have completed full-scale construction surveys and, drawings in order to determine accurately the
quantities and costs involved, and could complete the needed details and be ready for bidding the projec
upon two (2) weeks notice to proceed.
We see the project sequence as follows: (1) An abstractors report of property owners names and
footages are needed in order to draw a property map; (2) Preparation and circulation of a petition for
signatures of the property owners; (3) An abstractors certificate as to number and percentages of owner
signing to form said Improvement District; (4) Hearing and Court Order forming the district and naming
Commissioners; (5) Hiring of assessor, attorney and engineer to proceed with proposed project; (6) Est-
ablishing of annual property owners assessments for their approval; (7) Financing and funding of the
project; (8) Completion of plans,lspecifications, bidding, award, and construction of improvements.
AND 'WHEREAS, the making of such improvements is for the best interest of the City of Fayetteville,
and particularly for the best interest of that real estate abutting East and Block Avenues lying between
' the north boundary of Meadow Street and the south boundary of Dickson Street, all in the City of Fayette
ville, Arkansas.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the City of Fayetteville, Arkansas:
THAT said municipality does hereby agree to make the above-described improvements and to pay for the
same out of funds available to said municipality for such purposes provided the owners of that real
estate abutting its portions lying north of Meadow Street and south of Dickson Street, all in the City
of Fayetteville, Arkansas, agree to repay said municipality the cost of such improvements through uni-
form and ad valorem assessments (according to value) upon each lot or parcel of property in the above -
defined area.
ADOPTED THIS 3rd day of February, 1969. � iii?✓�%�C%�%2a�!//
APPROVED:
ATTEST: MAYOR
CITYICLERK
There being no further business, Director Lancaster moved to adjourn. The motion was seconded by
Director Starr and passed unanimously, whereupon the Mayor declaad tbV meeting adio me
APPROVED:
LeiC. G. MELTON, JR., MAYOR
ATTEST:
MARILYN MOOKE, CITY CLERK
1