HomeMy WebLinkAbout1969-02-17 Minutes382
The Board of Directors of the City of Fayetteville, Arkansas, met in regular session at its regular
meeting place in Fayetteville, Arkansas, at 7:30 p.m., on the 17th day of February, 1969.
Present: Acting City Manager Albert J. Jones, City Clerk Marilyn Moore, City Attorney Richard Wells, and
Directors Jones, Swartz, Melton, McFerran, Lancaster, and Dunn.
Absent: Director Starr.
Representatives of the press were also present.
The minutes of the regular meeting on Monday, February 3, 1969, a copy of which had previously been maile,
to each of the Directors, were approved as written.
is The Mayor announced that .this was the time set for hearing protests, objections and suggestions c6ncerhin
ing Ordinance No. 1653, passed and approved by the Board of Directors of the City of Fayetteville on February
rworks 3, 1969, concerning the issuance of Waterworks and Sewer Revenue Bonds, Series 1969, authorized and order
Sewer issued thereby. The Mayor also stated that a copy of the Ordinance, together with notice of the adoption
nue thereof, the contemplated issuance of the bonds and of the meeting on this date for hearing protests had
s, 1969 been duly published on February 6, 1969, as required by law. He then called upon anyone present who de-
sired to do so present protests, objections or suggestions. .
There was nobody present who made any objections, suggestions, or protested in any manner.
The Acting City Manager reported that representatives of Noark Commander Aviation, Inc.,have dedided not
dment to change the location of the restaurant from the original lease agreement. They request consideration
k Com- of reducing the 4% of gross on revenue from the restaurant to 2%. Should the Board decide to grant the
er reduction, an amendment to the lease should be prepared by the City Attorney. The Acting City Manager
tion recommended that the amendment to the lease be for two years from date of beginning operations and then
e subject to re -negotiation based on an opinion submitted by an independent CPA firm.
Director Dunn moved to grant the reduction from 4% to 2% and to accept the recommendation of the Acting
City Manager on the amendment.
The motion was seconded by Director Swartz, and upon roll call the following vote was recorded: "Ave"
Jones, Swartz, McFerran, Melton, Lancaster, and Dunn.
"Nay" none.
There being six "Ayes" and no "Nays", the Mayor declared the motion passed.
Tabled The Acting City Manager presented the petition of Johnnie Bassett to rezone certain property located on
Johnnie Highway 16 West and Giles Road from A-1 Annexed Territory District to C-2.Thoroughfare Commercial Distr',
Bosset After a long discussion, Director Dunn moved to•table this petition until the Planning.Cormnission has
Petition completed its study of the future use of the new 71 By-pass.
The motion was seconded by Director Swartz, and -upon roll call the following vote was recorded: "Aye"
Jones, Swartz, McFerran, Melton, Lancaster, and -Dunn.
"Nay" none.
There being six "Ayes" and no "Nays", the Mayor -declared the motion passed.
The Mayor requested the City Attorney to read the ordinance concerning the rezoning of land owned by
James.F. and Billye A. Fletcher on Highway 16 East which had been left on the first reading at the last
regular meeting on February 3, 1969.
The City Attorney then read the ordinance in its entirety for the second time entitled, "AN ORDINANCE
AMENDING ZONING ORDINANCE N0, 1239, AND REMISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED
MAY 28, 1962) AS AMENDED, TO REZONE CERTAIN REAL ESTATE FROM A-1, ANNEXED TERRITORY DISTRICT TO C-1,
NEIGHBORHOOD COMMERCIAL DISTRICT."
The Mayor then declared the Ordinance open for discussion.
Director Jones moved 'that the rule"be sifspended and the ordinance be placed on the third and final rear
The motion was seconded by Director McFerran and passed unanimously.
The City Attorney then read the Ordinance for the third and last time.
After further discussion, the Mayor asked the question, "Shall the Ordinance pass?" Upon roll call the
following vote was recorded: "Aye" Jones, Swartz, McFerran, Melton, Lancaster, and Dunn.
"Nay" none.
Ordinance There being six "Ayes" and no "Nays", the Mayor declared the Ordinance passed.
Not 1654
1 ORDINANCE N0. 1654
AN ORDINANCE AMENDING ZONING ORDINANCE N0, 1239, AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARK-
ANSAS, APPROVED MAY 28, 1962, AS AMENDED, TO REZONE CERTAIN REAL ESTATE FROM -A-1, ANNEXED TERRITORY
DISTRICT TO C-11 NEIGHBORHOOD COP24ERCIAh DISTRICT.
WHEREAS, a public hearing was held before the Planning Commission of the City of Fayetteville,
Arkansas, on January 21st, 1969, on the petition of James F. and Billye A. Fletcher, requesting that sa
Planning Commission recommend to the Board of Directors of the Citv of Fayetteville, Arkansas, that the
Board of Directors enact an ordinance rezoning that part of the following described property which lies
within the City Limits of Fayetteville, Arkansas, presently zoned A-1, Annexed Territory District, to
C-1, Neighborhood Commercial District, to -wit:
Part of the SW 1/4 of the SW 1/4 of Section 13 and part of the NW 1/4 of the NW 1/4 of Section
24, all in Township 16 North, Range 30 West of the 5th P.M., County of Washington, State of
Arkansas, being more particularly described as follows, to -wit: Beginning at a point on the
North side of Section 24 where it intersects with the South side of State Highway No. 16, said
point being 440.7 feet East of the NW corner of said Section 24, thence South 72 Degrees 5
minutes West along the right- of -way 42 feet; thence South 14 Degrees 2 minutes East 340 feet;
thence South 3 Degrees 48 minutes West 106.3 feet to the center line of a public road;` thence
South 81 Degrees 8 minutes East along the center line of said public road 32.3 feet; North
25 Degrees 23 minutes East 211.52 feet along an existing fence; thence North 35 Degrees 30
minutes East 52.67 feet; thence North 30 Degrees East 72.17 feet; thence North 2 Degrees 28
minutes West 229.85 feet to the South right-of-way line of said State Highway No. 16; thence
South 72 Degrees 5 minutes West along said right-of-way line 229.07 feet to the point of
beginning, containing in all 1.9 acres, more or less.
and,
WHEREAS, notice of said public hearing, setting forth the date, time, place and purposes of said
hearing and location of 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 Direc
of the City of Fayetteville, its recommendation that an ordinance be adopted rezoning the above-descri
property, presently zoned A-1, Annexed Territory District, to C-1, Neighborhood Commercial District*
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS:
i
3831
Resolution
Resolution
1
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 17th day of February, 1969.
APPROVED: s`�%� 4e
C, G. MELTON, JR., MAYOR
MARILYN OGRE; CITY CLERK
The Acting City Manager presented a proposed resolution supporting legislation authorizing governing
bodies of incorporated cities and towns to assess, levy and collect taxes for general and special pur-
poses of municipal government as the legislature may levy and collect for purposes of state government.
The City Attorney introduced, and at the request of the Mayor, read a proposed resolution in its entirety
entitled "SUPPORTING LEGISLATION AUTHORIZING GOVERNING BODIES OF INCORPORATED CITIES AND TOWNS TO ASSESS,
LEVY AND COLLECT TAXES FOR GENERAL AND SPECIAL PURPOSES OF MUNICIPAL GOVERNMENT AS THE LEGISLATURE MAY
LEVY AND OOLLECT FOR PURPOSES OF STATE GOVERIMNT.
Director Dunn moved that the Resolution be adopted.
The motion was seconded by Director Jones, and upon roll call the following vote was recorded: "Aye"
Jones, Swartz, McFerran, Melton, Lancaster, and Dunn.
"Nay" none.
There being six "Ayes" and no "Nays", the Mayor declared the Resolution adopted.
9 1 RESOLUTION 6-69
SUPPORTING LEGISLATION AUTHORIZING GOVERNING BODIES OF INCORPORATED CITIES AND TOWNS TO ASSESS, LEVY
AND COLLECT TAXES FOR GENERAL AND SPECIAL PURPOSES OF 14UNICIPAL GOVERNMENT AS THE LEGISLATURE MAY LEVY
AND COLLECT FOR PURPOSES OF STATE GOVERNMENT.
WHEREAS, the incorporated cities and towns of Arkansas are becoming more and more burdened to pro-
vide adequate governmental services and facilities to their existing residents; and
WHEREAS, in rapid growth areas of the State increased governmental levels must be maintained in
order to keep pace with population gains; and
WHEREAS, existing sources of revenue for financing local government operation are not presently
adequate; and
WHEREAS, incorporated cities and towns do not now possess the statutory power to seek new sources
of revenue;
NOW, THEREFORE, BE IT JOINTLY RESOLVED BY THE CITIES OF BENTONVILLE, FAYETTEVILLE, ROGERS, SILOAM
SPRINGS, AND SPRINGDALE:
That permissive legislation be encouraged for passage which will allow cities and towns to seek
sources of revenue for the operation of local government which currently are available only to
the State.
CITY OF BENTONVILLE passed and approved this day of February, 1969•
APPROVED:
ATTEST: MAYOR
CITY CLERK
CITY OF FAYETTEVILLE passed and approved this 17th day of February, 1969.
ATTEST://L�. ,�. 2,u_�_A
••• sl
APPROVED:i����/�L�/
• • • •/
CITY OF ROGERS passed and approved this day of February, 1969.
APPROVED:
ATTEST: MAYOR
CITY CLERK
CITY OF SILOAM SPRINGS passed and approved this day of February, 1969,
APPROVED:
ATTEST:
CITY CLERK
CITY OF SPRINGDALE passed and approved
ATTEST:
CITY CLERK
day of February, 1969.
APPROVED:
MAYOR
The City Attorney introduced, and at the request of the Mayor, read a proposed resolution in its entire
entitled, "A RESOLUTION BY THE CITY BOARD OF DIRECTORS INDICATING SUPPORT TO THE PASSAGE OF SENATE BILL
115, SENATE BILL.151, AND HOUSE JOINT RESOLUTION 7."
Director Dunn moved to adopt the Resolution.
The motion was seconded by Director Swartz, and upon roll call the following vote was recorded: "Aye"
Jones, Swartz, McFerran, Melton, Lancaster, and Dunn.
"Nay" none.
There being six "Ayes" and no "Nays", the Mayor declared the Resolution adopted.
RESOLUTION NO, 7-69
A RESOLUTION BY THE CITY BOARD OF DIRECTORS INDICATING 911PDORT TO THE PASSAGE OF SENATE BILL 115, SENATE
BILL 1; 11 AND HOUSE JOINT RESOLUTION 7.
WHEREAS, Senate Bill 115 has been introduced in the 1969 General Assembly which would authorize fir
or second class cities by ordinance to levy a one cent (1¢) sales tax subject to approval of voters; and
WHEREAS, Senate Bill 151 has been introduced in the 1969 General Assembly which could authorize fir
class cities to levy tax upon compensation earned by residents and nonresidents for services rendered in
levying city and upon net profits of residents and non residents from businesses, professions and other
SECTION
1.
That
the
above-described property,
which is presently zoned
A-1, Annexed Territory
District, be
and
the
same
is hereby rezoned to C-1,
Neighborhood Commercial
District.
Resolution
Resolution
1
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 17th day of February, 1969.
APPROVED: s`�%� 4e
C, G. MELTON, JR., MAYOR
MARILYN OGRE; CITY CLERK
The Acting City Manager presented a proposed resolution supporting legislation authorizing governing
bodies of incorporated cities and towns to assess, levy and collect taxes for general and special pur-
poses of municipal government as the legislature may levy and collect for purposes of state government.
The City Attorney introduced, and at the request of the Mayor, read a proposed resolution in its entirety
entitled "SUPPORTING LEGISLATION AUTHORIZING GOVERNING BODIES OF INCORPORATED CITIES AND TOWNS TO ASSESS,
LEVY AND COLLECT TAXES FOR GENERAL AND SPECIAL PURPOSES OF MUNICIPAL GOVERNMENT AS THE LEGISLATURE MAY
LEVY AND OOLLECT FOR PURPOSES OF STATE GOVERIMNT.
Director Dunn moved that the Resolution be adopted.
The motion was seconded by Director Jones, and upon roll call the following vote was recorded: "Aye"
Jones, Swartz, McFerran, Melton, Lancaster, and Dunn.
"Nay" none.
There being six "Ayes" and no "Nays", the Mayor declared the Resolution adopted.
9 1 RESOLUTION 6-69
SUPPORTING LEGISLATION AUTHORIZING GOVERNING BODIES OF INCORPORATED CITIES AND TOWNS TO ASSESS, LEVY
AND COLLECT TAXES FOR GENERAL AND SPECIAL PURPOSES OF 14UNICIPAL GOVERNMENT AS THE LEGISLATURE MAY LEVY
AND COLLECT FOR PURPOSES OF STATE GOVERNMENT.
WHEREAS, the incorporated cities and towns of Arkansas are becoming more and more burdened to pro-
vide adequate governmental services and facilities to their existing residents; and
WHEREAS, in rapid growth areas of the State increased governmental levels must be maintained in
order to keep pace with population gains; and
WHEREAS, existing sources of revenue for financing local government operation are not presently
adequate; and
WHEREAS, incorporated cities and towns do not now possess the statutory power to seek new sources
of revenue;
NOW, THEREFORE, BE IT JOINTLY RESOLVED BY THE CITIES OF BENTONVILLE, FAYETTEVILLE, ROGERS, SILOAM
SPRINGS, AND SPRINGDALE:
That permissive legislation be encouraged for passage which will allow cities and towns to seek
sources of revenue for the operation of local government which currently are available only to
the State.
CITY OF BENTONVILLE passed and approved this day of February, 1969•
APPROVED:
ATTEST: MAYOR
CITY CLERK
CITY OF FAYETTEVILLE passed and approved this 17th day of February, 1969.
ATTEST://L�. ,�. 2,u_�_A
••• sl
APPROVED:i����/�L�/
• • • •/
CITY OF ROGERS passed and approved this day of February, 1969.
APPROVED:
ATTEST: MAYOR
CITY CLERK
CITY OF SILOAM SPRINGS passed and approved this day of February, 1969,
APPROVED:
ATTEST:
CITY CLERK
CITY OF SPRINGDALE passed and approved
ATTEST:
CITY CLERK
day of February, 1969.
APPROVED:
MAYOR
The City Attorney introduced, and at the request of the Mayor, read a proposed resolution in its entire
entitled, "A RESOLUTION BY THE CITY BOARD OF DIRECTORS INDICATING SUPPORT TO THE PASSAGE OF SENATE BILL
115, SENATE BILL.151, AND HOUSE JOINT RESOLUTION 7."
Director Dunn moved to adopt the Resolution.
The motion was seconded by Director Swartz, and upon roll call the following vote was recorded: "Aye"
Jones, Swartz, McFerran, Melton, Lancaster, and Dunn.
"Nay" none.
There being six "Ayes" and no "Nays", the Mayor declared the Resolution adopted.
RESOLUTION NO, 7-69
A RESOLUTION BY THE CITY BOARD OF DIRECTORS INDICATING 911PDORT TO THE PASSAGE OF SENATE BILL 115, SENATE
BILL 1; 11 AND HOUSE JOINT RESOLUTION 7.
WHEREAS, Senate Bill 115 has been introduced in the 1969 General Assembly which would authorize fir
or second class cities by ordinance to levy a one cent (1¢) sales tax subject to approval of voters; and
WHEREAS, Senate Bill 151 has been introduced in the 1969 General Assembly which could authorize fir
class cities to levy tax upon compensation earned by residents and nonresidents for services rendered in
levying city and upon net profits of residents and non residents from businesses, professions and other
384
activities conducted in city; and, states that ordinance shall prescribe tax rate, method of collecting,
penalties.and other provisions; and, requires ordinance be submitted to voters at next biennial general
election or special election; not operative unless majority of voters in election approves; and, provides
revenues shall be used for general city purposes unless ordinance directs otherwise; and
WHEREAS, House Joint Resolution 7 has been introduced in the 1969 General Assembly which calls for
a Constitutional Amendment which would provide for maximum local self-government, and all powers and au-
thority granted municipalities shall be liberally construed; and, authorizes municipalities to exercise
any legislative power not denied by its charter, not denied municipalities generally or not denied others
in its class. Neither General Assembly nor present Constitutional provisions has authority to limit or
restrict taxing authority of municipalities adopting charter pursuant to this amendment.
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 115,
Senate Bill 151, and House Joint Resolution 7 because of their potential to provide municipalities with
needed sources of revenue to support present and future public programs and improvements and to provide
local governments with the constitutional power to exercise greater authority in shaping their own dest
through local self-government.
PASSED, APPROVED AND ADOPTED this 17th day of February, 1969.
APPROVED:
�i
ATTEST: C. G. MELTON, JR.
//�iU��.� ���o.
MARII MOORE, CITY CLERK
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 SENATE
BILL 164, SENATE BILL 227, HOUSE BILL 3402 AND SENATE BILL 261."
Director Dunn moved that the Resolution be adopted.
The motion was seconded by Director Jones, but before a vote was taken Director McFerran moved to amend
the Resolution by striking on to House Bill 340 from the Resolution.
Director Lancaster seconded the motion, and upon roll call the following vote was recorded: "Aye" Jones,
Swartz, McFerran, Melton, Lancaster, and Dunn.
"Nay" none.
There being six "Ayes" and no "Nays", the Mayor declared the amendment passed.
A vote was then taken on the Resolution, and the following was recorded: "Aye" Jones, Swartz, McFerran,
Melton, Lancaster, and Dunn.
"Nay" none.
solution There being six "Ayes" and no "Nays", the Mawr declared the Resolution adopted.
69
RESOLUTION NO. 8-69
A RESOLUTION BY THE CITY BOARD OF DIRECTORS INDICATING OPPOSITION TO THE PASSAGE OF SENATE BILL 164,
SENATE BILL 2279 AND SENATE BILL 261,
WHEREAS, Senate Bill 164 has been introduced in the 1969 General Assembly which would prohibit
Arkansas Municipalities from exercising zoning authority outside corporate city limits; and
WHEREAS, Senate Bill 227 has been introduced in the 1969 General Assembly which provides that em-
ployees of fire departments in cities over 15,000 population shall not work over 64 hours per week; and
WHEREAS, Senate Bill 261 has been introduced in the 1969 General Assembly which provides that publ
employees of the State or any political subdivision in the State can engage in a work stoppage.
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 Senate Bill 164 be.
cause of its potential to stifle the orderly growth and development of Arkansas cities; and
SECTION 2. That this Board go on record as strongly opposing Senate Bill 227 because this Board is
firmly opposed to the principal of the State establishing work hours, wages, and policies for any cate-
gory of municipal employees, especially when it adds costs for municipal functions with no provision for
raising the added revenues; and
SECTION 3. That this Board go on record as vigorously opposing the passage of Senate Bill 261 be-
cause of its potentially detrimental affect on the orderly performance of public services by public
employees.
PASSED, APPROVED AND ADOPTED this 17th day of February, 1969.
ATTEST: 2Zi5. Z�
MA ILYN/fIOORE, CITY CLERK
APPROVED: e�� _
Co G. MELTON, JR., MAYOR
tel
The Acting City Manager recommended Change Order No. 2, Waste Water Treatment Plant Project, No. WPC -
No. 2 ARK -216 in Administrative Memo # 135 which reads as follows -be approved.
The above referenced change order was approved by Mr. Fox before he resigned. It consists of four items
three of which are plant or laboratory equipment requirements which result in an increase of the contrac
price of $7,142.72.
1. Laboratory chemicals and equipment; plant maintenance tools .$6,442.12
2. Installation of work counter and refrigerator in the plant control
room 525.60
3. Alarm bells; one in basement of blower room, one at sub -station No.6,
and one on the non -potable water system 175.00
Total cost added to contract by Change Order No. 2 $79142.72
Item Four is a request by the contractor for an extension of time for 153 days until February 1, 1969.
Several factors, all beyond the control of the contractor, have contributed to the delay beyond the com-
pletion date of September 1, 1968 as reflected by Change Order No. 1. The principal cause of delay has
been caused by installation and operational difficulties in equipment which led to rejection of certain
portions of the equipment by our consulting engineer.
1
1
1
:3851
Director Dunn moved to authorize Change Order No. 2 as recommended by the Acting City Manager.
The motion was seconded by Director McFerran, and upon roll call the following vote was recorded: "Aye"
Jones, Swartz, McFerran, Melton, Lancaster, and Dunn.
"Nay" none. e
There being six "Ayes"and no "Nays", the Mayor declared the motion passed.
Former City Attorney Hugh Kincaid presented the petition of the Housing Authority of the City of Fayette-
ville to vacate an alley in Hill's Addition to the City of Fayetteville. City Attorney Wells introduced,
and at the request of the Mayor, read a proposed ordinance in its entirety for the first time entitled
"AN ORDINANCE VACATING AN ALLEY IN HILL'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS."
Director Dunn moved that the rule be suspended and that the Ordinance be placed on the second reading.
The motion was seconded by Director Jones and passed unanimously.
The Ordinance was then read for the second time.
Director'Dunn 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 Swartz 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, McFerran, Melton, Lancaster, and Dunn.
"Nay" none.
There being six "Ayes" and no "Nays", the Mayor declared the Ordinance passed.
Ordinance No. 1655 ORDINANCE N0, 1655
AN ORDINANCE VACATING AN ALLEY IN HILL'S ADDITION TO THE CITY OF•FAYETTEVILLE, ARKANSAS.
WHEREAS, a petition was duly filed with the Board of Directors of the City of Fayetteville, Arkansa
on the 12th day of February, 1969, pursuant to Ark. Stats. Ann. Sec. 19=2304, asking the Board of Di-
rectors to vacate and abandon a certain allev in the City of Fayetteville, Arkansas, described as follow
An alley in Hill's Addition to the City of Favetteville, Arkansas, being 20 feet in width and
lying North of and adjacent to Lots 1, 25 32 4, 51 62 7 and 8 of Block 4 in Hill's Addition
to the City of Fayetteville, Arkansas.
and,
WHEREAS, upon due consideration of said petition, the Board of Directors find that the petitioner,
Housing Authority of the City of Fayetteville, Arkansas, is the owner of all lands abutting upon said
alley, and has acquired same for the purpose of constructing public housing units thereon pursuant to
Public Housing Project No. Ark. -97-1, and
WHEREAS, the Board of Directors further find that said alley is needed by the petitioner for use
in combination with the abutting lands of petitioner to construct much needed public housing units;
that said alley is not required for public or corporate purposes; that the public welfare will best be
served by vacating and abandoning said alley pursuant to Ark. Stats. Ann. Sec. 19-2304.
NOW,• THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS:
SECTION 1. That pursuant to the provisions of Ark. Stats. Ann. Sec. 19-2304, the City of Fayette-
ville, Arkansas, hereby releases, vacates and abandons all its right, together with the rights of the
public generally, in and to the alley described as follows:
An alley in Hill's Addition to the City of Fayetteville, Arkansas, being 20 feet in width and
lying North of and adjacent to Lots 1, 2, 32 4, 5, 6, 7 and 8 of Block 4 in Hill's Addition
to the City of Fayetteville, Arkansas,
SECTION 2. A copy of this ordinance duly certified by the City Clerk shall be filed in the office
of the Recorder of the County of Washington, State of Arkansas, and recorded in the deed records of saic
County.
' SECTION 3• That this Ordinance shall be in full force and effect from and after its passage,
approval and publication.
PASSED AND APPROVED this 17th day of February, 1969.
� APPROVED:
ATTEST: �hw /il ale? P_i C. G. MELTON, JX,, MAYOR
At ILY i[OORE, CITY CLERK
The Acting City Manager presented a proposed resolution condemning tracts for sewer line construction.
The City Attorney introduced, and at the request of the Mayor, read the proposed resolution in its
entirety. entitled "A RESOLUTION AUTHORIZING AND DIRECTING THE CONDEMNATION OF EASEMENTS IN CERTAIN LAND°
IN WASHINGTON COUNTY, ARKANSAS, FOR USE IN CONSTRUCTION, OPERATION AND MAINTENANCE OF A 12 -INCH GRAVITY
SEWER MAIN, WPC -ARK 216, AND APPURTENANCES THERETO."
Director Swartz moved that the Resolution be adopted.
The motion was seconded by Director McFerran and upon roll call the following vote was recorded: "Aye"
Jones, Swartz, McFerran, Melton, Lancaster, and Dunn.
"Nay" none.
There being six "Ayes" and no "Nays", the Mayor declared the Resolution adopted.
Resolution 69
RESOLUTION NO. 9-69
A RESOLUTION AUTHORIZING AND DIRECTING THE ODNDa1NATION OF EASE�NTS IN CERTAIN LANDS IN WASHINGTON
COUNTY, ARKANSAS, FOR USE IN CONSTRUCTION, OPERATION AND MAINTENANCE OF A 12 -INCH GRAVITY SEWER MAIN,
`WPC -ARK 216, AND APPURTENANCES THERETO.
WHEREAS, the City of Fayetteville, Arkansas, is in the process of constructing Phase III Sanitary
Sewer Improvement Project, WPC -ARK 216, necessitating right-of-ways and easements over certain lands in
Washington County, Arkansas, for construction, operation and maintenance of a 12 -inch gravity sewer mail
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE) ARKANSAS:
SECTION 1. That for the purposes of construction, operating and maintaining(,(and as more fully
set forth in the Contract documents) a 12=inch gravity sewer main, together with all appurtenances
thereto, pursuant to Sanitary Sewer Improvement Project WPC -ARK 216, Phase III, the necessary easements
and right -or -ways in the lands of the owners designated in Exhibit "A" to this Resolution be entered
upon and taken and the City Attorney is hereby authorized and directed to institute condemnation pro-
ceedings to acquire said easements and right-of-ways in a manner required by law.
,
IS
SECTION 2. That as the questions in controversy in such proceedings are likely to retard the pro-
gress of said construction, the City Attorney is further authorized and directed to petition the Court
for permission to provide appropriate deposits with the Registry of the Court for making compensation
and payment of damages„ in order that immediate possession of said lands may be secured and construction
proceed prior to assessment and payment of damages.
PASSED AND APPROVED this 17th day of February, 1969.
APPROVED:
ATTEST: C. G. MELTON, JR. MAYOR
MkRILYYMOORE, CITY CLERK
There being no further business, Director Jones..moved to adjourn'-, --The motion was seconded by Director
Lancaster and passed unanimously, whereupon the Mayor declared the meeting adjourned.
s�y^nn APPROVED:
ATTEST: /! lI� �0� 1 9�Ofe/ C. G. MELTON, JR., MA'.
MARILYN OOR , CITY CLERK
The Board of Directors of the City of Fayetteville, Arkansas, met in special session on Monday, February
24, 1969, in the Directors Room in the City Administration Building at 7:30 P.M. CST.
24, 1969 Present: Acting City Manager Jones, City Clerk Moore, City Attorney Wells, and Directors Swartz, McF
Melton, Lancaster, and Starr.
Absent: Directors Jones and Dunn.
Representatives of the press were also present.
of The Mayor reported that the purpose of the meeting was to discuss the Industrial Park offer of a grant;
adopt a resolution approving and accepting an offer of a grant from the Economic Development Administra-
tion and the Ozarks Regional Commission for the development of an industrial park; and to take proper
action on an ordinance authorizing a contract by and between the City of Fayetteville and Beaver Water
District of Benton and Washington Counties and authorizing the execution of a contract. All the Directoz
were notified by U. S. Mail and telephone, but Directors Dale Dunn and Gerald Jones were out of the City
and could not be present. However, they have waived notice of the special meeting.
NOTICE OF AND CONSENT TO MEETING OF BOARD OF DIRECTORS
The undersigned hereby acknowledge receipt of official and timely notice of a meeting of the Board
er of of Directors of the City of Fayetteville, Arkansas, to be held on February 24, 1969, at 7:30 o'clock
ce of p.m., at the regular meeting place of the Board in the City of Fayetteville, Arkansas, the purpose of
ial the meeting being: to give consideration to an Ordinance authorizing the execution of a Supplemental
ing Contract with Beaver Water District of Benton and Washington Counties, and for the transaction of such
other business as may properly come before the Board.
The undersigned further consent to the meeting at the time and place and for the purposes herein-
above set forth and
�herebby�ratify all action taken at the meeting for said purposes.
<i ��!���
C. G. MELTON-, JR. MAYO SYLVI SWARTZ �' JOE 24cF AN
__ �ih•ve (%x Z!3�3 L Lam,
MARILYT(MOORE, CITY CLERK JON LARRYSTARR ER ST LANCASTER
GERALD JO ES DALE DUNN
The Acting City Manager stated that consideration should be given to discussion of Industrial Park offer
of a grant. The discussion was opened to the audience for participation.
The City Attorney introduced, and at the request of the Mayor, read a pronosed resolution in its entiret
entitled, "A RESOLUTION APPROVING AND ACCEPTING AN OFFER OF A GRANT OF $484,800 FROM THE ECONOMIC DEVEL-
OPMENT ADMINISTRATION AND THE OZARKS REGIONAL COMPIISSION TO BE USED FOR THE DEVELOPMENT OF AN INDUSTRIAL
PARK IN THE CITY OF FAYETTEVILLE, ARKANSAS."
Director Starr moved to adopt the Resolution.
Resolution The motion was seconded by Director Lancaster and upon roll call the following vote was recorded: "Ave"
109 Swartz, McFerran, Melton, Lancaster, and Starr.
"Nay" None.
There being five "Ayes" and no "Nays", the Mayor declared the Resolution adopted.
RESOLUTION N0, 10-69
A RESOLUTION APPROVING AND ACCEPTING AN OFFER OF A GRANT OF $484,800 FROM THE ECONOMIC DEVELOPMENT
ADMINISTRATION AND THE OZARKS REGIONAL COMMISSION TO BE USED FOR THE DEVELOPMENT OF AN INDUSTRIAL PARK
IN THE CITY OF FAYETTEVILLE, ARKANSAS.
WHEREAS, the City of Fayetteville,_Arkansas, has previously applied for Federal assistance to aid
in the development of an industrial park, including access roads, railspur, grading, and related drain-
age, sewer, and waterworks, and
WHEREAS, by letter from Ross D. Davis, Assistant Secretary of Commerce, Washington, D. C., dated
February 13, 1969, the City of Fayetteville has received an offer of a grant of $484,800 for application
toward said project, and
WHEREAS, the Board of Directors of the City of Fayetteville has given its due consideration to the
terms of said offer of grant and has found it is in the best interest of the City of Fayetteville to
execute same.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the offer of a grant of $484,800 from the Economic Development Administration
and the Ozark Regional Commission, to be used for the development of an Industrial Park in the City of
Fayetteville, Arkansas, is approved and accepted in all respects. /
Section 2. That the Mayor and City Clerk are hereby authorized to execute an acceptance of said