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HomeMy WebLinkAbout1969-03-03 MinutesOrd. No. 16561(Cont.) Adjourn SECRETARY 389 BEAVER WATER DISTRICT OF BENTON AND WA COUNTIES BY CHAIRMAN 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 That all ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict.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 emergence 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 24, 1969 ATTEST /1OCRE3 CITY CLERK CERTIFICATE APPROVED: 4ffi � �w C. G. MELTON, JR., MAYOR The undersigned, City Clerk of Fayetteville, Arkansas, hereby certifies that the foregoing pages numbered 1 to 9, inclusive, are a •true 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, MARILYN MO)ORE, CITY CLERK There being no further business, Director McFerran moved to adjourn. The motion was seconded by Director Lancaster and passed unanimously, whereupon the Mayor declared the meeting adjourned. APPROVED: � � ATTEST: C. G. MELTON, JR*, MAYOR 4RILY ORE, CITY CLERK Regular Meeting The Board of Directors of the City of Fayetteville, Arkansas, met in regular session on Monday, March 3, March 3, 19'9 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•snecial 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 Acceptet 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 rivers, 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 [390 Au Ac Bids City er to Water Dept. Trucks s aet Dept aks 15" x 15" x 15" 10 240.00 240.00 264.00 300.00 240.00 CONCRETE CULVERT TILE AND TEES BID TABULATION 18" x 18" x 18" -0- -0- -0- -0- -0- -0- 24" x 24" x 15" 5 225.00 247.50 247.50 260.00 225.00 24" x 24" x 18" 5 250.00 275.00 275.00 325.00 250.00 Unit Prices Size TOTAL $2837.50 Order Estimate Tune M & M B and K Choctaw Shearmen Tile 5% - 35 days Now later Const. Co. Cities Service Super Mkt. Pipe Co. Pipe Co. 15" FOUR WHEEL DRIVE LOADER stating the exact specifications the City requires. 200' 500' $ 2.00 $ 2.00 $ 2.00 $ 2.60 $ 2.00 18" 200 500 2.55 2.55 2.55 3.35 2.55 24" purchased from the low bidder, Lewis Ford Sales. 200 300 3.90 3.85 3.90 5.80 3.90 j30" and Dunn. -0- 100 6.70 d 6.50 6.50 8.50 6.75 36" -0- 100 9.40 9.10 9.10 11.50 9.50 42" -0- 50 12.40 12.00 12.00 15.00 12.50 48" 215 8 -0- 100 15.65 15.00 15.00. 18.50 15.75 Tees 196.7 8 23055.08 Sales and Service 3/4 ton I.H 1200D 196.7 8 / The Acting City Manager stated that bids had been received and tabulated for one 1/2 ton pickup truck 15" x 15" x 15" 10 10 24.00 26.40 26.40 30.00 24.00 181' x 18" x 15" 5 10 30.00 33.00 33.00 34.50 30.00 18" x 181' x 18" -0- 10 34.00 37.40 37.40 38.50 34.00 24" x 24" x 15" 5 5 45.00 49.50 49.50 52.00 45.00 24" x 24" x 18" 5 5 50.00 55.00 55.00 65.00 50.00 24" x 24" x 24" 5 5 56.50 62.15 62.15 70.00 56.50 Extension's of Unit Cost Based on Order Now Tile 15" 200' 400.00 400.00 400.00 520.00 400.00 18" 200 510.00 510.00 510.00 670.00 510.00 24" 200 780.00 770.00 780.00 1160.00 780.00 30" -0- -0- -0- -0- - -0- -0- 3611 -0- -0- -0- -0- -0- -0- 42" -0- -0- -0- -0- -9- -0- 48" -0- -0- -0- -0- -0- -0- Tees 15" x 15" x 15" 10 240.00 240.00 264.00 300.00 240.00 18" x 18" x 15" 5 150.00 165.00 165.00 172.50 150.00 18" x 18" x 18" -0- -0- -0- -0- -0- -0- 24" x 24" x 15" 5 225.00 247.50 247.50 260.00 225.00 24" x 24" x 18" 5 250.00 275.00 275.00 325.00 250.00 24" x 24" x 24" 5 282.50 310.75 310.75 350.00 282.50 TOTAL $2837.50 $2942.25 $2952.25 $3757.50 $2837.50 Less Terms 1/2 of 1% - 10 days 14.19 5% - 35 days 187.88 NET BID 2823.31 2942.25 $2952,25 $3569,62 2837.56 Director Starr moved that the Acting City Manager be authorized to readvertise for bids on a RUBBER TIRE FOUR WHEEL DRIVE LOADER stating the exact specifications the City requires. The motion was seconded by Director McFerran, and upon roll call the following vote was recorded: "Ave" Swartz, McFerran, Melton, Lancaster, Starr. "Nay" Jones and Dunn. There being five "Ayes" and only two "Nays", the Aiayor declared the motion passed. The Acting City Manager stated that bids had been received and tabulated for WATER DEPARTMENT 1/2 ton and 3/4 ton PICK UP TRUCKS and recommended thev be purchased from the low bidder, Lewis Ford Sales. Director Swartz moved to accept the recommendation and authorize the purchase of 1,1/2 ton,and 1,3/4 ton pick up trucks for the Water Department.from Lewis Ford Sales. The motion was seconded by Director Starr, and upon roll call the following vote was recorded: "Aye" Jones, Swartz, McFerran, Melton, Lancaster, Starr, and Dunn. "Nay" none. There being seven "Ayes" and no "Nays", the Mayor declared the motion passed. WATER DEPARTMENT PICK UP TRUCK BID TABULATION One 1/2 Ton and One 3/4 Ton Pick UD with Trade-ins BIDDER MAKE AND MODEL HORSEPOWER CYLINDERS NET COST Lewis Ford Sales 1/2 ton Ford F-100 150 6 $1,578.74 3/4 ton Ford F-250 215 8 11980.62 Whitfield Motor Co. 1/2 ton G14C CS 1570C 155 6 2,204.40 3/4 ton GMC CE 2590D 200 8 21100.00 International Harvester 1/2 ton I.H. 1100D 196.7 8 23055.08 Sales and Service 3/4 ton I.H 1200D 196.7 8 21207.65 The Acting City Manager stated that bids had been received and tabulated for one 1/2 ton pickup truck for the STREET DEPARTMENT and recommended it be purchased from the low bidder, Lewis Ford Sales. Director Starr moved to accept the recommendation and authorizeGthe purchase of one 1/2 ton pickup for the Street Department from Lewis Ford Sales. 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. STREET DEPARTMENT PICK UP TRUCK BID TABULATION One 1/2 Ton Pick Up with Trade-in BIDDER MAKE AND MODEL RATED TORQUE CYLINDER NET COST Lewis Ford Sales 1/2 Ton Ford F-100 327 8 $2,289.87 Whitfield Motor Company 1/2 Ton GMC CE 1590D 355 8 2,400.00 International Harvester 1/2 Ton I.H 309 8 23590.18 Sales Service 391 The Acting City Manager stated that bids had been received and tabulated for two Street Department Trucks, but because of conflicting interests the low bid could not be accepted. Purchase of Trucks Director Dunn moved to accept the bid of Lewis Ford Sales and authorize the purchase of the trucks for for Street Dept. the Street Department. The motion was seconded by Director Starr, and upon roll call the following vote was recorded:"Aye" Swartz, McFerran, Melton, Lancaster, Starr, and Dunn. "Nay" none. Abstain: Jones. There being six "Ayes" and no "Nays", the Mayor declared the motion passed. STREET DEPARTMENT TRUCK BID TABULATION Bids Hercules Two Truck Chassis of 25500 GVW Rating with one Trade-in Fort Smith, Ark. BIDDER DELIVERY MAKE AND MODEL RATED TORQUE CYLINDERS NET COST 1,130.00 21260.00 Whitfield Motor Company 30-45 days GMC CE6640V 345 8 $9,611.64 Purchase of Street Sweeper, Street Superintendent Parker recommended the purchase of the sweeper with the diesel Street Sweeper Lewis Ford Sales 45 days Ford F-700 345 8 9,988.58 International Harvester Sales and Service 30 days I. H. 1700 356.5 8 102755.46 The Acting City Manager stated that bids had been received and tabulated for the purchase of two 6-8 Purchase of cubic yard dump beds and recommended they be purchased from the low bidder, Davis Trailer and Equipment Dump Beds Company of Little Rock. Director McFerran moved to accept the recommendation and authorize the purchase of two 6-8 cubic ,yard dump beds from Davis Trailer and Equipment Company. The motion was seconded by Director Lancaster, and upon roll call the following vote was recorded: "Aye' Jones, Swartz, McFerran, Melton, Lancaster, Starr, and Dunn. "Nay" none. There being seven "Ayes" and no "Nays", the Mayor declared the motion passed. Bids TWO 6-8 CUBIC YARD DUMP BEDS BID TABULATION ' Bids BIDDER MAKE DELIVERY UNIT PRICE EXTENSION Davis Trailer and Equipment Co., Little Rock, Ark. Heil 30 days $1,050.00 $22100.00 1969 Wayne Model 1-990 Diesel Engine Sweeper 13,779.34 Truck Equipment Co. Hercules S & H Parts & Equipment Fort Smith, Ark. Galion 3 weeks 1,130.00 21260.00 WITNESSETH: i WHEREAS in June, 1967, the District and the Cities entered into an Agreement for Construction, Maintenance, Operation and Expansion of the Beaver Water Supply Facilities (the 111967 Agreement"), and said Agreement provided the procedure for the payment of such costs as would be incurred, and WHEREAS the District and the Cities wish to proceed with the implementing of the 111967 Agreement" and return to the City of Springdale its agreed investment cost in the facilities; and further, wish to expand the existing treatment facilities, and WHEREAS it has been determined that the total costs incurred by the District in implementing the 111967 Agreement" is $1,800,000.00, and further, that interim financing by the issuance of short term (5 year) notes is the most feasible first step in financing such costs, and S & H Parts & Equipment Springdale, Ark. Perfection 3-5 weeks 1,352.00 2,704.00 The Acting City Manager stated that only the bid of one companv had been received and tabulated for a:: Purchase of Street Sweeper, Street Superintendent Parker recommended the purchase of the sweeper with the diesel Street Sweeper engine due to economy of operation cost and longer life of the diesel engine. Director Dunn moved that the bidding of the Street Sweeper be readvertised because the bid of one companl is not competitive bidding. There was no second to this motion, and the Mayor declared the motion dead for lack of a second. Director Starr moved to accept the Street Superintendent's recommendation and authorize the purchase of the Diesel Engine Street Sweeper.from Choctaw, Inc. The motion was seconded by Director Swartz, and upon roll call the following vote .was recorded: "Aye" Jones, Swartz, McFerran, Melton, Lancaster, and Starr. "Na v" Dunn. There being six "Ayes" and only one "Nay", the Mayor declared the motion passed. STREET SWEEPER BID TABULATION Bids Choctaw, Inc. was the only bidder on the Street Sweeper 1969 Wayne Model 1-990 Gas Engine Sweeper $11,523.54 1969 Wayne Model 1-990 Diesel Engine Sweeper 13,779.34 The City Attorney introduced, and at the request of the Mayor, read a proposed Supplemental Agreement to Beaver Water Memorandum of Understanding and Contract for Construction, Maintenance, Operation and Expansion of Beave: Supplemental Water Supply Facilities as Executed in June, 1967. . Agreement Director Jones moved to approve the Supplemental Agreement as presented and that the Mayor and City C1erU be, and they are hereby, authorized to execute the Supplemental Agreement. The motion was seconded by Director Lancaster and upon roll call the following vote was recorded: "Aye" Jones, Swartz, McFerran, Melton, Lancaster, Starr, and Dunn, "Nay" none. There being seven "Ayes" and no "Nays", the Mayor declared the motion passed. SUPPLEMENTAL AGREEMENT TO MEMORANDUM OF UNDERSTANDING AND CONTRACT FOR CONSTRUCTION, MAINTENANCE, OPERATION AND EX- PANSION OF BEAVER 'dATER SUPPLY FACILITIES AS EXECUTED IN JUNE, 1967 The original Contradt and this Supplement ("Supplemental Agreement") was and is entered into by and between Beaver Water District of Benton and Washington Counties, Arkansas (the District) and the Cities of Bentonville, Fayetteville, Rogers, and Springdale, Arkansas (the Cities). WITNESSETH: i WHEREAS in June, 1967, the District and the Cities entered into an Agreement for Construction, Maintenance, Operation and Expansion of the Beaver Water Supply Facilities (the 111967 Agreement"), and said Agreement provided the procedure for the payment of such costs as would be incurred, and WHEREAS the District and the Cities wish to proceed with the implementing of the 111967 Agreement" and return to the City of Springdale its agreed investment cost in the facilities; and further, wish to expand the existing treatment facilities, and WHEREAS it has been determined that the total costs incurred by the District in implementing the 111967 Agreement" is $1,800,000.00, and further, that interim financing by the issuance of short term (5 year) notes is the most feasible first step in financing such costs, and f392 No! 1657 WHEREAS it has been determined that the fiscal procedure which will enable the District to sell the notes at the lowest interest rate is one in which each of the Cities will pledge a specific portion of th( interest payments, and further, that this procedure is at variance with the 111967 Agreement" in that the 111967 Agreement" provides (among other things) that the costs to the Cities he in proportion to the total treated water usage from all sources of each of the Cities, related to the total treated water usage of all the cities, such costs to be calculated on a year-to-year basis and adjustments made in each year's payments in accordance with results of annual audits, and WHEREAS in order to provide a basis for each of the Cities to pledge a definite percentage of the est cost at the time the notes are issued, the only basis available being the record of water usage(. g the immediate preceding ,years, and WHEREAS bond council has prepared separate "Supplemental Contracts" to be executed between the Dis- trict and each of the Cities, said Supplemental Contracts pledging specific interest payments to be made by each of the separate Cities, said payments being prorated on the basis of the average water usage for each City for the years 1966, 1967, and 1966 related to the average of the total water usage for all of the Cities for ,years 1966, 1967, and 1966, and WHEREAS both the District and the Cities wish to provide a basis for the lowest practical interest rate, and, at the same time, maintain a system cost ratiolas provided in the 111967 Agreement"; NOW, THEREFORE, in consideration of the mutual benefits heretofore derived and to be hereafter deri by the parties to this "Supplemental Agreement" and for other good and valuable consideration, the recei of which is hereby acknowledged by the parties hereto, the District and the Cities agree as follows: That in executing the provisions of the 111967 Agreement" in the construction, maintenance, operation and expansion of the Beaver Water Supply Facilities, credit shall be given for payments made to the District under the separate "Supplemental Contract" as referred to above, and that such credit shall be adjusted to reflect each City's costs in relation to the provisions of the 111967 Agreement." IN WITNESS WHEREOF, the administrative officers of the respective parties hereto have on authority of their governing bodies, signed and sealed this agreement on the dates shown. ATTEST: CLAYTON N. LITTLE).SECRETARY ATTEST: VIDA SIMPSON, CITY CLERK BEAVER WATER DISTRICT HARDY W. CROXTON, CHAIRMAN CITY OF BENTONVILLE, ARKANSAS G. J. BOND, MAYOR CITY OF FAYETTEVILLE. ARKANSAS ` v ATTEST: JAL J�n,o.X? _ C. G. MELTON, JR., R MARILYN MOOR72 CITY CLERK CITY OF ROGERS) ARKANSAS ATTEST: ED.M, BAUTTS, MAYOR W. E. BLAND, CITY CLERK CITY OF SPRINGDALE, ARKANSAS ATTEST: PARK PHILLIPS, MAYOR LETHA BROGDON, CITY CLERK The Acting City Manager reported that a warranty deed was obtained from B. C. Snawder and Jessie Snawder, husband and wife, on the basis that street improvements would be planned and/or carried out by January 1, 1969. On January 20, 1969, this deed, due to an oversight, was accepted by the city rather than returned to the property owner. The City.Attorney introduced, and at the request of the Mayor, read a proposed ordinance in its entirety entitled, "AN ORDINANCE TO AMEND ORDINANCE NO. 1643, ENACTED JANUARY 20, 1969." Director Dunn moved that the Ordinance pass. The motion was seconded by Director Lancaster, and upon roll call the following vote was recorded: "Aye' Jones, Swartz, McFerran, Melton, Lancaster, Starr, and Dunn. "Nay " none. There being seven "Ayes" and no "Nays", the Mawr declared the Ordinance passed. ORDINANCE NO. 1657 AN ORDINANCE TO AMEND ORDINANCE N0, 1643, ENACTED JANUARY 20, 1969. WHEREAS, by Ordinance numbered 1643, on January 20, 1969, the Board of Directors accepted and con- firmed, among other lands, the dedication of certain lands by Warranty Deed dated May 2, 1967, from D. C. Snawder and Jessie Snawder, husband and wife. WHEREAS, from facts and circumstances now appearing before the Board, it appears that said convey- ance from B. C. Snawder and Jessie Snawder was only to be effective, accepted, and confirmed, upon the happening of certain events, which events have not happened, and had not taken place at the time that Ordinance No. 1643 was enacted. 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 repeals that portion of Ordinance No. 1643 involving the accepting and confirming of certain lands by Warranty Deed from B. C. Snawder and Jessie Snawder, husband and wife. Section 2. That the City Attorney is hereby directed and empowered to draft, and the Mawr and City Clerk to execute, a Warranty Deed conveying the property accepted in Ordinance No. 1643 relating to B. C. Snawder and Jessie Snawder, husband and wife, back to B. C. Snawder and Jessie Snawder, Section 3. That this ordinance shall be in full force and effect from and after its passage, approval and publication. . PASSED AND APFR VED this 3rd day of March, 1969. APPROVED: v / ATTEST: C. C MARILYN M00 E, CITY CLERK 393 The Acting City Manager presented a proposed resolution indicating support to the passage of Senate Bill 312, The City Attorney introduced, and at the request of the Mayor,.read a proposed resolution in its entiret: entitled, "A RESOLUTION BY THE CITY BOARD OF DIRECTORS INDICATING SUPPORT TO THE PASSAGE OF SENATE BILL_ 312." ' Director Starr moved that the Resolution be adopted. The motion was seconded by Director Swartz, and upon roll call the following vote was recorded: "Aye" Swartz, McFerran, Melton, Lancaster, Starr, and Dunn. "Nay" Jones. There being six "Ayes" and only one "Nay", the Mayor declared the Resolution adopted. RESOLUTION N0, 11-69 Resolution 11-69 A RESOLUTION BY THE CITY BOARD OF DIRECTORS INDICATING SUPPORT TO THE PASSAGE OF SENATE BILL 312, WHEREAS, Senate Bill 312 has been introduced in the 1969 General Assembly which would provide for a 1% surtax on individual and corporate income tax with revenues earmarked for cities and counties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That this Board go on record as supporting the passage of Senate Bill 312 because of it potential to provide cities with needed revenue for public programs and improvements. . PASSED, APPROVED AND ADOPTED this -3rd day of March, 1969. APPROVED: 0�^ �CL— C. G. MELT91 , JR., MAYO ATTEST: �h, ,� h/ � .a,e Due to an error MA LYN MOORS, CITY CLERK Resolution 12-69 has been left The City Attorney introduced, and at the request of the Mayor, read a proposed resolution in its entiret Blank entitled, "A RESOLUTION AUTHORIZING AND DIRECTING THE CONDEMNATION OF EASEIENTS IN CERTAIN LANDS IN WASHINGTON COUNTY, ARKANSAS, FOR USE IN CONSTRUCTION, OPERATION AND 14AINTENANCE OF A 15 -INCH GRAVITY SEWER MAIN AND AN 8 -INCH GRAVITY SEWER MAIN, WPC -ARK 216, AND APPURTENANCES THERETO." Director Dunn moved that the Resolution be adopted. The motion was seconded by Director Lancaster, and upon roll call the following vote was recorded: "Aye Jones, Swartz, McFerran, Melton, Lancaster, Starr, and Dunn. "Nay" none. There being seven "Ayes" and no "Nays", the Mayor declared the Resolution adopted. RESOLUTION 13-69 Resolution 13-69 A RESOLUTION AUTHORIZING AND DIRECTING THE CONDEMNATION OF EASEMENTS IN CERTAIN LANDS IN WASHINGTON COUNTY, ARKANSAS, FOR USE IN CONSTRUCTION, OPERATION AND MAINTENANCE OF A 15 -INCH GRAVITY SEWER. MAIN AND AN 8 -INCH GRAVITY SE79M 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 15 -inch Gravity Sewer Main and an 8 -inch Gravity Sewer Main. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE) ARKANSAS: Section 1. That for the purposes of constructing, operating and maintaining (and as more fully set forth in the Contract documents) a 15 -inch Gravity Sewer Main and an 8 -inch Gravity Sewer Main, together with all appurtenances thereto, pursuant to Sanitary Sewer Improvement Project WPC -ARK 216, Phase III, the necessary easements and rights-of-way in the lands of Anderson Nettleship and viae Nettleship, hus- band and wife, be entered upon and taken and the City Attorney is hereby authorized and directed to institute condemnation proceedings to acquire said easements and rights-of-way in a manner required by law. Section 2. That as the questions in controversy in such proceeding are likely to retard the progre 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 3rd day of March, 1969. APPROVED: ���' /,��i+� C. G. MELTO , JR., hfAYO ATTEST: /2AAOA n4.e MARILYN PORE, CITY CLERK There being no further business, Director McFerran moved to adjourn. The motion was seconded by Adjourn Director Jones and passed unanimously, whereupon the Mayor declared the me ting adjourned. APPROVED: C� ATTEST: �l`,p3 4 C. G. MEL'PJN, JR., MAY XkRILY.V M00 ,CITY CLERK