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HomeMy WebLinkAbout1969-02-24 Minutes386 24, 1969 of of of li 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. D� APPROVED: ATTEST: C. G. MELTOd, JR, MAYOR MARILYVMOORE, CITY CLERK There being no further business, Director Jones. moved`to adjourn. ---The motion was seconded by Diredtor Lancaster and passed unanimously, whereupon the Mayor declared the meeting adjourned. APPROVED: Cj/� ATTEST: C. G. MELTON, JR., MA;A RILYN iOORE, 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. Present: Acting City Manager Jones, City Clerk Moore, City Attorney dells, and Directors Swartz, MCFerr, Melton, Lancaster, and Starr. Absent: Directors Jones and Dunn. Representatives of the press were also present. 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 Director 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 of Directors of the City of Fayetteville, Arkansas, to be held on February 24, 1969, at 7:30 o'clock p.m., at the regular meeting place of the Board in the City of Fayetteville, Arkansas, the purpose of the meeting being: to give consideration to an Ordinance authorizing the execution of a Supplemental Contract cath Beaver 'dater 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 hereby ratify all action taken at the meeting for said purposes. 0L O//�f `� � fii=-cam C. G. MELTON-, JR. MAYO SYLVI SWARTZ JOE McF AN RILYW1 ORE, CITY CLERK JON ARR ARR ER ST LANCASTER GERALD JOJ DALE DUNN The Acting City Manager stated that w nsideration 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 proposed 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 COMMISSION TO BE USED FOR THE DEVELOPMENT OF AN INDUSTRIAL PARK IN THE CITY OF FAYETTEVILLE, ARKANSAS." Director Starr moved to adopt the Resolution. The motion was seconded by Director Lancaster and upon roll call the following vote was recorded: "Aye" 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 $4840800 FROM THE ECONOMIC DEVELOPMENT ADMINISTRATION AND THE OZARKS REGIONAL COMK-ISSION TO BE USED FOR THE DEVELOPMENT OF AN INDUSTRIAL PARK IN THE CITY OF FAYETTEVILL.E, 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 applicatior 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. NO`A, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYFTTEVILLE, 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 authorizedlto execute an acceptance of said i offer of grant, and the City Clerk is authorized to return the executed instrument to the Economic Development Administration, Section 3. That this resolution shall take effect immediately. PASSED AND APPROVED this 24th day of February, 1969, ATTEST: 1/ y /,gg ,. MARILYN � ORE, CITY CLERK The Mayor stated that consideration should be given to an ordinance authorizing the execution of a Contract by and between the City and Beaver Water District and other matters pertaining thereto. This was a matter with which the Board was familiar and after a discussion, the City Attorney introduced an Beaver Water District Ordinance entitled, "AN ORDINANCE AUTHORIZING A CONTRACT BY AND BET' -WEEN THE CITY AND BEAVER WATER DISTRIC Contract and Ord. OF BENTON AND WASHINGTON COUNTIES, ARKANSAS, IN SUBSTANTIALLY THE FORM AND' -WITH SUBSTANTIALLY THE CONTENT SET FORTH IN AND MADE A PART OF THIS ORDINANCE; AUTHORIZING THE EXECUTION AND DELIVERY OF SAID CONTRACT; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY." and then read tfie ordinance in full. Director McFerran, seconded by Director Swartz, 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 second reading. The Yayor put the question on the adoption of the motion and the roll being called, the follow- ing voted "Aye" Swartz, McFerran, Melton, Lancaster, and Starr, 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 suspend the rule, the motion carried and the rule suspended. The ordinance was then read by the City Attorney. Director McFerran, seconded by Director Starr, then moved that the rule requiring the reading of an ordinance in full on three different days be further suspended and that the ordinance be placed on its third reading. The Mawr put the question on the adoption of the motion and the roll being called the following voted "Aye" Swartz, McFerran, Melton, Lancaster, and Starr, 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 Mawr asked the question "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye" Swartz, McFerran, Melton, Lancaster, and Starr. "Nay" none. There being five "Ayes" and no "Nays", the Mayor declared the Ordinance passed. Emergency Clause Director Swartz, seconded by Director McFerran, moved that Section 5, the emergency clause, be adopted, Adopted and on roll call the following voted "Aye" Swartz, McFerran, Melton, Lancaster, and Starr and the follow ing voted "Nay" none. There being five "Ayes" and no "Nays", the Mayor declared the emergency clause adopted. Authorization for Director Starr moved that the Mayor and City Clerk be, and they are hereby, authorized to execute the Beaver Water District Contract by and between the City of Fayetteville, Arkansas, and Beaver Water District of Benton and Contract Washington Counties. The motion was seconded by Director Lancaster, and upon roll call the following vote was recorded: "Aye Swartz, McFerran, Melton, Lancaster, and Starr. "Nay" none. There being five "Ayes" and no "Nays", the Mawr declared the motion passed. Ordinance No. 1656 ORDINANCE NO. 1656 AN ORDINANCE AUTHORIZING A CONTRACT BY AND BETWEEN THE CITY AND BEAVER WATER DISTRICT OF BENTON AND WASHINGTON COUNTIES, ARKANSAS IN SUBSTANTIALLY THE' -'FORM AND --WITH SUBSTANTIALLY THE CONTENTS SET FORTH IN AND MADE A PART OF THIS ORDINANCE; AUTHORIZING THE EXECUTION AND DELIVERY OF SAID CONTRACT; PRESCRIB- ING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY, BE IT ORDAINED by the Board of Directors of the City of Fayetteville, Arkansas: SECTION 1. That there be, and there is hereby, authorized the execution and delivery of a Contract by and between the City of Fayetteville, Arkansas (the "City") and Beaver Water District of Benton and Washington Counties, Arkansas, in substantially the form and with substantially the contents hereafter set forth, and the Mayor and City Clerk,be, and they are hereby, authorized to execute, acknowledge and deliver said Contract for and on behalf of the City. The form and contents of the said Contract, which are hereby approved and which are made a part hereof, shall be substantially as follows: SUPPLEMENTAL CONTRACT THIS CONTRACT entered into by and between the City of Fayetteville, Arkansas (the "City") and Beaver Water District of Benton and Washington Counties, Arkansas (the "District"): WITNESSETH: WHEREAS the District and the City have heretofore entered into a Contract, dated January 16, 1963 (the 111963 Contract"), specifying annual payments to be made by the City to the District which, together with annual payments specified in similar contracts entered into by and between the District and other cities (all cities involved, including the City referred to in this Contract, are Fayetteville, Rogers, Springdale, and Bentonville, Arkansas) are sussicient to enable the District to adequately provide for the payment of the principal of and interest on the outstanding Water Revenue Improvement Bonds, Series A, of the District originally issued in the principal amount of $411,000 (with $364,000 in principal amount being outstanding as of the date of execution hereof); and WHEREAS the 1963 Contract provides, among other things, that when the District constructed addition improvements, the District and the City (along with the other cities named above) would enter into supplemental contracts increasing the required payments to those amounts sufficient to enable the Distri to provide for the payment of all outstanding bonds; and WHEREAS the District has now undertaken an additional constructionprogram and in connection there- with proposes to issue $1,800,000 in principal amount of 'dater Revenue Improvement Temporary Bonds of 1968, dated December 1, 1968, bearing interest at the rate of 5 1/4% per annum, with interest payable semiannually on June 1 and December 1 of each year, commencing June 1, 1969 and with all principal ma.tur ing December 1, 1973 (the "1968 Bonds"), with the 1968 Bonds to be paid out of the proceeds of a perman- ent bond issue to be delivered on or prior to December 1, 1973, which permanent Fonds will rank on a parity of security with the outstanding Series A Bonds of the District and which will be issued under and equally and ratably secured by the provisions of an outstanding Trust Indenture by and between the District and First National Bank, Fayetteville, Arkansas (the "Trustee") dated December 1, 1962 (the "original Indenture") and of record in the offices of the Circuit Clerks and Ex Officio Recorders of Benton and Washington Counties, Arkansas (in Benton County, Arkansas at Book 229, Page 329 and in Wash - Ord. No. ington County, Arkansas at Book 291 Page 124); and 16 6 (Cont.) WHEREAS the District and the City (along with the other cities involved) have entered into a Memo- randum of Understanding and Contract for Constructing, Maintenance, Operation and Expansion of Beaver Water Supply Facilities executed in June, 1967 (the 111967 Agreement"); WHEREAS executed copies of the 1963 Contract, the 1967 Agreement and the original Indenture are on file in the office of the Secretary of the District and in the office of the Trustee and reference is made thereto for the details of their terms and provisions; and WHEREAS this Contract is entered into as a supplement to the 1963 Contract and by way of implemen- tation of the provisions of the 1967 Agreement for the benefit of the parties hereto and for the Trustee and the holders of the 1968 Bonds to insure adeouate revenues for payment of the principal,of and intere on the 1968 Bonds in accordance with the provisions thereof and in accordance with the original Indentur as supplemented by a First Supplemental Trust Indenture dated as of December 1, 1968, specifying the de- tails pertaining to the 1968 Bonds and the nature and extent of their security, which First Supplemental Trust Indenture has been or will be prior to the delivery hereof recorded in the offices of the Circuit Clerks and Ex Officio Recorders of Benton and Washington Counties, Arkansas, and an executed copy of which will be on file in the office of the Secretary of the District and in the office of the Trustee; NOW, THEREFORE, in consideration of the mutual benefits heretofore derived and to be hereafter de- rived by the parties to this Cohtract (including, without limitation, the insuring of an adequate water supply to the City and its inhabitants necessar.r for the oubli.c health, safety and welfare), and for other good and valuable consideration, the receipt of which is hereby acknowledged by the parties hereto, the City and the District agree as follows: (1) In addition to the payments specified in the 1963 Contract, the City shall pay to the District, solely from revenues derived from the operation of the City's utility system (being the municipally owned and operated utility facilities which in the case of Fayetteville consists of water and sewer facilities, in the case of Bentonville consists of water and electric facilities, in the case of Rogers consists of water facilities and in the case of Springdale consists of water facilities), the amounts on the dates set forth in the following schedule: SEMI-ANATUAL PAYMENT $24,186 24,186 24,186. 24,186-_ 24,186 24,186 24,186x; 24,186 DATE OF PAYMENT May 15, 1969 November 15, 1969 May 15, 1970 November 15, 1970 May 15, 1971 November 15, 1971 May 15, 1972 November 15, 1972 The sum of the above payments and similar payments being made by the other, cities involved will be suff cient to provide funds for the District to pay interest when due on the 1968 Bonds for the entire five- year period from the date of the 1968 Bonds (December 1, 1968) until their maturity (December 1, 1973) and the payments are to be used solely by the District for that purpose. In addition to the above pay- ments it will be necessary to provide for the payment of fees of the Trustee and Paving Agent in donnec with the 1968 Bonds and the City agrees that upon demand by the Trustee it will pay either to the Distr or directly to the Trustee 40.95 per cent of such fees (with the understanding that the percentage may be varied'if necessary to round off amounts among it and the other cities involved so that the total to be paid by all of the cities involved will equal the fees of the Trustee and Paying Agent). (2) The City and the District understand that permanent bonds will be issued on or prior to December 1, 1973 and that the required amount of the proceeds of the permanent bonds will be used to pay in full all of the outstanding 1968 Bonds. In connection with the permanent bonds the City and the District hereby covenant and agree that they will execute and deliver a Contract specifying payments (from the operation of their respective utility facilities as heretofore described in this Contract) sufficient to enable the District (along with similar payments to be received by the District from the other cities involved) to provide for the payment of the principal of and interest on the permanent bond as the same become due and containing such other provisions as the City and the District deem desirable or appropriate at the time not inconsistent with the above covenant. It is understood and agreed that the holders of the 1968 Bonds are acquiring and will hold the 1968 Bonds in reliance upon the commitment of the City (and the other cities involved) to make the required payments specified in (1) above and in reliance upon the covenant of the City (and the similar covenant of the other cities involved) set forth above in this paragraph (2). (3) It is understood and agreed that pursuant to the provisions of Paragraph (8) of the 1963 Contract that the contractual obligations of the City hereunder shall rank on a parity of security with the contractual obligations of the City under the 1963 Contract. (4) The 1963 Contract, as supplemented hereby, shall continue in full force and effect and the City, the District, the Trustee and the holders of all of the outstanding Bonds of the District (inclu ing the holders of the 1968 Bonds) shall be entitled to the benefit of all provisions thereof and of a rights thereunder, including particularly and without limitation, the covenant of the City specifying that the required payments (from utility facility revenues) are certainly payable on the dates specifi without notice or demand or without abatement or setoff and regardless of any contingencies whatsoever and notwithstanding any circumstances or occurrences that, may now exist or that may hereafter arise or take place. IN WITNESS ivNEREOF, the City has caused this Contract to be signed in its name and on its behalf by its Mayor and its corporate seal to be herewith affixed and attested by its City Clerk and the Dis- trict has caused this Contract to be signed in its name and on its behalf by its Chairman, and its seal to be hereunto affixed and attested by its Secretary, all as of the 24th day of February, 1969. ATTEST: CZ CLERK CITY OF FAYETTEVILLE Ord. No. 16561(Cont.) Adjourn 11 389 BEAVER WATER DISTRICT OF BENTON AND WASHINGTON COUNTIES BY CHAIRMAN SECRETARY TRUSTEE'S APPROVAL Pursuant to the provisions of•Paragraph (2) of the 1963 Contract, the Trustee hereby consents to and approves the execution and delivery of the foregoing Supplemental Contract. FIRST NATIONAL BANK FAYETTEVILLE, ARKANSAS - TRUSTEE Section 2. That the Mayor and City Clerk be, -and they are hereby, authorized and directed for and on behalf of the City to do all things, execute all instruments and otherwise take all action necessary to the realization of the City's rights and to the -discharge of the City's'obligations under the Contra Section 3• That the provisions of this ordinance are hereby declared to be separable and if any section, phrase or provision shall, for any reason, be declared to be invalid, such declaration shall affect the validity of the remainder of the sections, phrases or provisions, Section 4. That all ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 5. That there is hereby found and declared to be an immediate need for the securing of an adequate water supply for the City in order to insure the adequate protection of the public health, saf and welfare of the City and its inhabitants, and the execution and delivery of the Contract approved by this ordinance is essential therefor. It is,therefore, declared that an emergenc,7 exists and this ord- inance being necessary for the immediate preservation of the public health, safety and welfare shall be in force and take effect immediately upon and after its passage. PASSED: February 241 1969 ATTEST: ILYN . CRE, CITY CLERK CERTIFICATE APPROVED: ei �, �w C. G. 1-1.'tON2 JR., MAYOR irl The undersigned, City Clerk of Fayetteville, Arkansas, hereby certifies that the foregoing pages numbered 1 to 9, inclusive, are atrue and compared copy of an ordinance passed at a special session of the Board of Directors of Fayetteville, Arkansas, held at the regular meeting place of the Board in the City of Fayetteville at 7:30 o'clock p.m. on the 24th day of February, 1969, and that said ordinance is of record in Ordinance Record Book H, Page 387, now in my possession. GIVEN under my hand and seal this 26th day of February, 1969. I There being no further business, Director McFerran moved to adjourn. The motion was seconded by Director Lancaster and passed unanimously, whereupon the Mayor declared the meeting adjourned. APPROVED: dg�7 � ATTEST: - C. G. MELTON, JR., MAYOR MARILYr M ORE, CITY CLERK Regular Meding The Board of Directors of the City of Fayetteville, Arkansas, met in regular session on Monday, March 3, March 3, 1969 1969, in the Directors Room in the City Administration Building at 7:30 P.M. Present: Acting City Manager Jones, City Clerk Moore, City Attorney Wells, and Directors Jones, Swartz, McFerran, Melton, Lancaster, Starr, and Dunn. Absent: None. Representatives of the press were also present. The minutes of the regular meeting on Monday, February 17, 1969, and of the•special meeting on Monday, February 24, 1969, a copy of which had previously been mailed to each of the Directors, were approved as written. Audit Report) The Acting City Manager presented the 1968 Audit Report, prepared by Myers, Scarbrough and Baker, for the General Government General Government of the City of Fayetteville. 1968 Accepted Director McFerran moved that the 1968 Audit Report for the General Government of the City of FayetteVille except the Water and Sewer Department, as prepared by Myers, Scarbrough and Baker, be accepted and filed. The motion was seconded by Director Swartz and passed unanimously. Purchase Concrete The Acting City Manager reported that bids had been received and tabulated for the purchase of Concrete Culvert Tile & Tees Culvert Tile and Tees, and he recommended that they be purchased from the low bidder, Tune Construction Company, Director Dunn moved to accept the recommendation and to authorize the purchase of Concrete Culvert Tile and Tees from Tune Construction Company. The motion was seconded by Director McFerran, and upon roll call the following vote was recorded: "Aye" Jones, Swartz, McFerran, Melton, Lancaster, Starr, and Dunn. "Nay" none. There being seven "Ayes" and no "Nays", the Mayor declared the motion passed. CONCRETE CULVERT TILE AND TEES BID TABULATION