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HomeMy WebLinkAbout1975-03-03 Minutes247 MINUTES OF A SPECIAL MEETING March 3 OF THE BOARD OF DIRECTORS , 1975 The Board of Directors of the City of Fayetteville, Arkansas met in a special session on March 3, 1975 at 7:30 p.m. in the Director's Room of the City Administration Building. Present: City Manager Donald L. Grimes; Administrative Assistant David McWethy; Jim McCord, City Attorney; Darlene Westbrook, City Clerk; and Directors Marion R. Orton, Ernest Lancaster, John Todd, Paul Noland, Al Hughes, Russell Purdy, and Morris Collier. Absent: Others Nope Present: Mr. Walter Niblock, representing Downtown Fayetteville Unlimited; Mr. E. Lamar Pettus, representing citizens opposing Off -Street Parking Improvement District; members of the audience and representatives of the news media. CALL TO ORDER Mayor Marion R.AOrton called the meeting to order and explained the 247.1 purpose of the meeting as being to conduct.a public hearing on the suffi- ciency of petitions requesting the formation of an improvement district to construct an off-street parking garage at the North East corner of the interseetionn of Center Street and Church Avenue. The City Attorney gave a brief history of events concerning the im- 247.2 provement district since the filing of the original petition requesting that the district be formed. He said the petition had been reviewed by city staff personnel to assure that the petition'met with legal require- ments and that he had met with Mr. Niblock and Mr. Pettus to discuss and resolve any discrppencies. Mr. McCord referred to a list of assessed valuations that had been provided the Board members and stated that it represented the correct assessed value as agreed upon by himself, Mr. Niblock and Mr. Pettus in behalf of their clients. He said the list included city parking lots which were not included in the original - petition but that it did not include the Federal building property or Fayetteville Housing Authority property.as it was his legal opinion that those properties were not subject to special assessment. Mr. Pettus was then yielded the floor whereupon he expressed his clients' opposition to the exemption of the Housing Authority properties in determining the total valuation. Mr. Pettus' clients favored including the Housing Authority property since it had purchased much of the property listed on the County Assessor's list of tax exempt property and would eventually be sold for commercial use and placed on the tax rolls. The City Attorney did not agree with Mr. Pettus and sitatedbthat,abased on 247.4 his interpretation of the law, public property which is exempt from special assessment and general taxation should not be included in determining the total valuation of the improvement district. During discussion, Mayor Orton stressed that the improvement district 247.5 was Pot a project of the city. Mr. McCord, in answer to questions from 247.3 247 248 Mrs. Ann Hauser of the audience, stated that the valuations were based upon the last assessment conducted by the County Assessor and that assessments would be levied against property within the district after the district's formation. 248.1 Following further discussion and comment, Director Hughes motioned that Federal government property, Housing Authority property, and city property used for governmental purposes not be included in the total assessed valuation. The motion was seconded by Director Purdy and upon roll call vote Directors Purdy, Lancaster, Todd, Noland, and Hughes voted "Aye"; Directors Orton voted "Nay"; and Director Collier, who felt the Board did not have sufficient information, abstained from voting. Mayor Orton declared the motion passed. 248.2 Mr. Pettus then presented the Board with an affidavit signed by himself certifying that the property owners listed within the affidavit requested that their names be withdrawn from the petition because of misrepresenta- tion of facts concerning the improvement district. He also presented a list of names which he felt should be withdrawn because of improper or insufficient signatures. The names contended by Mr. Pettus to be inade- quate were: Helen Futrall Stough, Fred Hunt, Herman A. Tuck, Henry Tuck, Nancy Tuck Brown, Pearl I. Clinehens, Howard 0. Clinehens, Louise Budd, Jack Austin Budd, Marjorie C. Budd, Mary W. Block, F. Glen Melvin, Mary F. Melvin, Bob Huff, Georgia Huff, Sarah E. Reiber, Clifton Wade, and Beebee's Jewelry. 248.3 Mr. Pettus stated that the names represented assessed valuation of $105,540 and would reduce the assessed valuation signing in favor of the improvement district to $740,040. City Attorney McCord advised the Board that the reasons presented by Mr. Pettus for striking the names were in accord with the law. There being little discussion, Director Purdy motioned that the names be striken from the petition. The motion was seconded by Director Todd and was unanimously passed in roll call vote of the Board. 248.4 Mr. Pettus also requested that the signature for Whitfield Motor Company be striken as it was his opinion that the person who signed for the company was not duly authorized by the company's board of directors to sign the document. The City Attorney advised the Board that he did not feel the name should be striken since a president of a corporation can sign for the corporation by signing the corporation's name then his name if he is duly authorized by the corporation. He indicated that Mr. Pettus had failed to prove the the signature was not authorized. Following dis- cussion, Director Hughes motioned thatthe signature for Whitfield Motor Company not be striken. The motion, seconded by Director Purdy was passed in roll call vote of the Board in which six "Ayes" and one "Nay", cast by Director Collier, were recorded. Mayor Orton declared the motion passed. 248.5 Mr. Pettus then objected to the signature of Robert Forshee for the Central States Southeast and Southwest Pension Fund on the basis that Mr. Forshee did not have proper authorization to sign. Mr. Niblock stated that, even though he did not have a copy in his possession, he had seen Mr. Forshee's power of attorney. He also stated that the pension fund was not a corporation but a trust and the Mr. Forshee signs documents for the trust frequently and that he was a duly authorized agent for the trust. 248 249 Director Hughes motioned that the Forshee signature be retained on the petition and Director Lancaster seconded the motion. In roll call vote' of the Board six directors voted "Aye" and one, Collier, abstained. Mayor Orton declared the motion passed. The next item of discussion was the affidavit submitted by Mr. Pettus 249.1 in which was listed reasons supporting the claim that several property owners had had facts of the district misrepresented to them. The City Attorney advised the Board that the affidavit stated sufficient legal reasons for the withdrawals and saw no reason why the affidavit could not be accepted by the Board. In comments from the audience, Mrs. Billye Head stated that the 249.2 average person reading the petition could not interpret the petition and that no details of the district were given at the time of the signing. Mr. Niblock stated that the petition was a legitimate and valid improve- ment district petition. It was Mr. Pettus' contention that any representation by a proponent 249.3 of the petition that the assessments to property would be based on anything but the benefit derived from the parking garage would be a misrepresentation and that any quotation by proponents of what the assessment to any property wouldlise would constitute misrepresentation. In the affidavit Mr. Pettus stated that the property owners listed in the affidavit had been told that either there would be no additional taxes on their property; taxes would be minimal; or taxes would be a specific amount ranging from $20 to $60 to $1,000 maximum per annum. Following further discussion, a motion to strike the names of 249.4 C. M. Davis, Charles Brewer, Herbert Hatfield, Urban Holland, Jerome McRoy, Herman Tuck, Arthur Johnson and wife, and Leland S. Bryan, was made by Director Noland and seconded by Director Collier. In roll call vote of the Board, the motion passed unanimously. Mr. Pettus then advised the Board that the various withdrawals had 249.5 reduced the assessed valuation in favor of the district to $620,730 -- less than the 50% required ($658,483). The City Attorney concurred with Mr. Pettus. The City Attorney then read an ordinance declaring the petition's in- 249.6 sufficiency. Director Purdy, seconded by Director Hughes, motioned that the rules be suspended and the ordinance placed on second reading. In roll call vote of the Board the motion passed unanimously and the ordinance was read for the second time. A motion to further suspend rules and place the ordinance on third and final reading was made by Director Noland, seconded by Director Purdy, and unanimously passed in roll call vote of the Board. The ordinance was read for the third and final time after which Mayor Orton asked if the ordinance should pass. The recorded roll call vote of the Board was unanimous and the Mayor declared the ordinance passed. ORDINANCE NO. 2087 APPEARS ON PAGE 270 OF ORDINANCE F, RESOLUTION BOOK IV OTHER BUSINESS City Manager Donald Grimes explained that the boridhbids for the water and sewer improvements would have to be awarded the same day as they are opened. He advised that the city's financial advisor would attend the bond bid opening and requested that a special meeting be held at 11:30 a.m. 249 249.7 250 on March 4 for the purpose of receiving bond bids and awarding the bid if necessary. The Board approved Mr. Grimes' recommendation. Mr. Todd stated that he would not be able to attend the meeting. ADJOURNMENT 250.1 There being no further business, the Mayor, with approval of the Board, adjourned the meeting. ATTEST: 02.111.4C2./ lene Westbrook, City Clerk APPROVED: Marion R. Orton, Mayor MINUTES OF A SPECIAL MEETING OF THE BOARD OF DIRECTORS March 4, 1975 The Board of Directors of the City of Fayetteville, Arkansas met in a special session on March 4 at 11:30 a.m. in the Director's Room of the City Administration Building. Present: City Manager Donald Grimes; City Attorney Jim McCord, Darlene Westbrook, City Clerk; and Directors Marion R. Orton, Ernest Lancaster, Paul Noland, Al Hughes, Russell Purdy, and Morris Collier. Absent: Administrative Assistant David McWethy and Director John Todd Others Present: Pat Tobin, City Controller; Mr. Jerry Pierce, financial advisor; and representatives of the news media. CALL TO ORDER 250.2 Mayor Marion R. Orton called the meeting to order and explained that the special meeting was being held to close the bond bidding and to open the bond bids received. 250.3 The floor was then yielded to City Controller Pat Tobin who introduced Mr. Jerry Pierce, fiscal agent of the First Southwest Company of Dallas. 250