Loading...
HomeMy WebLinkAbout2008-06-17 - Agendas - Final Aldermen Ward 1 Position 1—Adella Gray Mayor Dan Coody Ward 1 Position 2—Brenda Thiel Ward 2 Position 1 —Kyle B.Cook City Attorney Kit WilliamsPVj Ward 2 Position 2—Nancy Allen Ward 3 Position l—Robert K.Rhoads TCity Clerk Sondra Smith Ward 3 Position 2—Robert Ferrell ARKANSAS Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Lioneld Jordan Final Agenda City of Fayetteville Arkansas City Council Meeting June 17, 2008 A meeting of the Fayetteville City Council will be held on June 17, 2008 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: Presentations, Reports and Discussion Items: Historic District Commission Appointment: APPROVED Appointed by the Mayor and approved by the City Council. Cynthia Kalke—One Term Ending 06/30/11 Mikel Lolley—One Term Ending 06/30/11 Leslie Belden—One Unexpired Term Ending 06/30/09 • Nominating Committee Report: APPROVED Agenda Additions: NONE. A. Consent: 1. Approval of the May 20, 2008 City Council meeting minutes. APPROVED 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 2. Park Land Dedication Funds: A resolution approving a budget adjustment in the amount of $195,450.00 to reallocate Park Land Dedication funds within the Southwest Quadrant. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 124-08. 3. State and Tribal Assistance Grant (STAG): A resolution authorizing the Mayor to apply for a State and Tribal Assistance Grant (STAG) from the U. S. Environmental Protection Agency for sanitary sewer system improvements; designating the Mayor as the City's authorized representative in all matters relating to the procurement and administration of said grant. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 125-08. 4. Wal-Mart Corporate Grant: A resolution authorizing Fayetteville Parks & Recreation Division to accept a grant from Wal-Mart Corporate giving in the amount of$10,000.00 to partially fund the Lights of the Ozarks; and approving a budget adjustment to recognize the grant revenue. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 126-08. 5. Wedington Drive Widening Project: A resolution approving a payment to the Arkansas State Highway and Transportation Department (AHTD) in the amount of $30,889.11 for a change order to cover city-requested revisions to the Wedington Drive Widening Project; and approving a budget adjustment in the amount of$31,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 127-08. 6. Humane Society of the Ozarks Donation: A resolution accepting a donation of $20,000.00 from the Humane Society of the Ozarks to benefit the Fayetteville Animal Shelter; and approving a budget adjustment recognizing the revenue. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 128-08. 7. Security Equipment Purchase: A resolution approving the purchase of operational and security equipment and cameras from Spytown USA in the amount of$26,771.82 for the West Side Wastewater Treatment Plant; and approving a contingency in the amount of $2,500.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 129-08. B. Unfinished Business: 1. Hiring Freeze: Hiring Freeze Appeals: A resolution to approve the hiring of a Parks Maintenance Worker II replacement employee. • Parks Maintenance Worker II PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 130-08. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 2. Amend Chapters 151, 152 and 166: An ordinance amending Title XV: Unified Development Code of the Code of Fayetteville to amend Chapter 151: Definitions, Chapter 152: Administration and Chapter 166: Development in order to prohibit or regulate decentralized sewer systems within the city limits. This ordinance was left on the First Reading at the April 1, 2008 City Council meeting. This ordinance was left on the Second Reading and then tabled at the April 15, 2008 City Council meeting to the May 20, 2008 City Council meeting. This ordinance was tabled at the May 20, 2008 City Council meeting to the June 17, 2008 City Council meeting. This ordinance was left on the Second Reading. THIS ITEM WAS TABLED TO THE JULY 15, 2008 CITY COUNCIL MEETING. C. Public Hearines: 1. Raze and Removal at 402 E. Center Street: A resolution ordering the razing and removal of a dilapidated and unsafe structure owned by Roy Lee and Sandra Ruth Taylor located at 402 E. Center Street in the City of Fayetteville, Arkansas; and approving a budget adjustment in the amount of$4,945.00. THIS ITEM WAS TABLED INDEFINITELY. D. New Business: 1. ADM 08-3017 39 East South Street ROW Variance: A resolution approving a variance of the Unified Development Code Chapter 164.12 (F) Nonconforming Uses and Structures, Repairs and Maintenance and Chapter 166.18 Master Street Plan Setbacks, allowing the existing structure located at 39 East South Street to remain within the existing East South Street right-of-way and to be improved greater than the 10% allowed by code, within the existing limits of the structure. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 131-08. 2. Wedeco, Inc: An ordinance waiving the requirements of formal competitive bidding and approving the purchase of spare parts for the West Side Wastewater Treatment Plant's ultraviolet disinfection system from Wedeco, Inc. in the amount of$54,300.79. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5148. 3. Cues, Inc: An ordinance waiving the requirements of formal competitive bidding and approving the purchase of sewer televising equipment from Cues, Inc. in the amount of $27,627.78. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5149. 4. Northwest Arkansas Regional Mobility Authority: An ordinance providing for Fayetteville's participation in the Northwest Arkansas Regional Mobility Authority and approving an agreement with participating members of the Northwest Arkansas Regional Mobility Authority. THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org Announcements: 1. City Council Tour: None Adjournment: Meeting adjourned at 6:55 p.m. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org City Council Meeting: June 1 . ,2008 _adjourn: /-J/YL Subject: Roll Lucas Jordan Gray Thiel a� Cook Allen Rhoads D� Ferrell /u- Mayor Coody q,j Subject: Motion To: Motion By: Seconded: Lucas Jordan Gray Thiel Cook Allen Rhoads Ferrell Mayor Coody City Council Meeting: June 1 . ,2008 Subject: Historic District Commission Appointment Motion To: Motion By: 600A `S Seconded: Lucas f Jordan Gray Thiel Cook Allen ✓ Rhoads ��'`' LOX- � `� Ferrell Mayor Coody Subject: Nominating Committee Report Motion To: ���� Motion By: Seconded: a - G� Lucas t Jordan Gray Thiel Cook Allen I / Rhoads Ferrell EO Mayor Coody r� City Council Meeting: June 1 , 2008 Subject: Consent Motion To: Motion By: QondAakl Seconded: Jt Lucas Aq .. g v Jordan I6 Gray ✓ Thiel Cook P� Allen Rhoads r../ Ai Vl u,-tm Ferrell wim Mayor Coody Subject: Motion To: Motion By: Seconded: Lucas Jordan Gray Thiel Cook Allen Rhoads Ferrell Mayor Coody City Council Meeting: June i . ,2008 Subject: Hiring Freeze Appeals: • Parks Maintenance Worker II Motion To: AO Motion By: Nn C/v Seconded: 1 B.I. Lucas Unfinished Jordan Business Gray r/ Thiel Cook Allen Pa✓�- Rhoads Ferrell O Mayor Coody Subject: Hiring Freeze Appeals: Motion To: Motion By: Seconded: Lucas Jordan Gray Thiel Cook Allen Rhoads Ferrell Mayor Coody City Council Meeting: June 1 . , 2008 Subject: Amend Chapters 151, 152 and 166 1 Motion To: Motion By: A ' Seconded: B.2. Lucas Unfinished Jordan Business Gray f Thiel &00000' Cook ✓ ,/ Allen Rhoads woo� too,." FerrellF-7" v'� Mayor Coody Subject: Motion To: Motion By: Seconded: Lucas Jordan Gray Thiel Cook Allen Rhoads Ferrell Mayor Coody City Council Meeting: Subject: Raze and Removal at 402 E. Center Street - Motion To: La Motion By: e5t,Y-r Seconded: J C) Y) C.1 Lucas Unfinished Jordan Business Gray Thiel -T"OLJ Cook _aa,,pp Allen oadsttvl? 44 D© Ferrell Mayor Coody Subject: Motion To: Motion By: Seconded: Lucas Jordan Gray Thiel Cook Allen Rhoads Ferrell Mayor Coody City Council Meeting: June i . ;2008 Subject: ADM 08-3017 39 East South Street ROW Variance Motion To: 4-J A n-MA4, Motion By: oAa, Seconded: D.1 Lucas New Jordan Business Gray Thiel Cook Allen Rhoads` Ferrell Mayor Coody Subject: Wedeco, Inc Motion To: Rndvia Motion By: eook l Seconded: D.2 Lucas New Jordan Business Gray ,/ �/ ✓ Thiel ✓ ✓ ✓ Cook ✓ ✓ Allen ✓ Rhoads Ferrell ✓ ✓ Mayor Coody City Council Meeting: June -i - , 2008 Subject: Cues, Inc Motion To: C4, SAJ Cal Motion By: hrLm ' Seconded: C D.3 Lucas �/ ✓ �' New Jordan Business Gray � Thiel L/ ✓ LOOOOI� Cook `/ Allen L✓ LOO/ ,S'' Rhoads ✓ �,�' �.�' Ferrell ✓ ,o✓' Mayor Coody Subject: Northwest Arkansas Regional Mobility Authority Motion To: /4d Aad Motion By: Seconded: DA Lucas � New Jordan ✓ Business Gray Thiel • ' �, ,, Cook ✓ Allen Rhoads ,✓ Ferrell Mayor Cood Y Y ��d Aldermen Ward 1 Position 1—Adella Gray Mayor Dan Coody Ward 1 Position 2—Brenda Thiel Ward 2 Position 1 —Kyle B.Cook City Attorney Kit Williams Ward 2 Position 2—Nancy Allen PVj C Ward 3 Position l—Robert K.Rhoads City Clerk Sondra SmithTayeliWard 3 Position 2—Robert Ferrell ARKANSAS Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Lioneld Jordan Final Agenda City of Fayetteville Arkansas City Council Meeting June 17, 2008 A meeting of the Fayetteville City Council will be held on Junel7, 2008 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recoenitions: Presentations, Reports and Discussion Items: • Historic District Commission Appointment: Appointed by the Mayor and approved by the City Council. Cynthia Kalke—One Term Ending 06/30/11 Mikel Lolley—One Term Ending 06/30/11 Leslie Belden—One Unexpired Term Ending 06/30/09 • Nominating Committee Report: Aeenda Additions: A. Consent: 1. Approval of the May 20, 2008 City Council meeting minutes. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 2. Park Land Dedication Funds: A resolution approving a budget adjustment in the amount of $195,450.00 to reallocate Park Land Dedication funds within the Southwest Quadrant. 3. State and Tribal Assistance Grant (STAG): A resolution authorizing the Mayor to apply for a State and Tribal Assistance Grant (STAG) from the U. S. Environmental Protection Agency for sanitary sewer system improvements; designating the Mayor as the City's authorized representative in all matters relating to the procurement and administration of said grant. 4. Wal-Mart Corporate Grant: A resolution authorizing Fayetteville Parks & Recreation Division to accept a grant from Wal-Mart Corporate giving in the amount of$10,000.00 to partially fund the Lights of the Ozarks; and approving a budget adjustment to recognize the grant revenue. 5. Wedington Drive Widening Project: A resolution approving a payment to the Arkansas State Highway and Transportation Department (AHTD) in the amount of $30,889.11 for a change order to cover city-requested revisions to the Wedington Drive Widening Project; and approving a budget adjustment in the amount of$31,000.00. 6. Humane Society of the Ozarks Donation: A resolution accepting a donation of $20,000.00 from the Humane Society of the Ozarks to benefit the Fayetteville Animal Shelter; and approving a budget adjustment recognizing the revenue. 7. Security Equipment Purchase: A resolution approving the purchase of operational and security equipment and cameras from Spytown USA in the amount of$26,771.82 for the West Side Wastewater Treatment Plant; and approving a contingency in the amount of $2,500.00. B. Unfinished Business: 1. Hiring Freeze: Hiring Freeze Appeals: • Parks Maintenance Worker II 2. Amend Chapters 151, 152 and 166: An ordinance amending Title XV: Unified Development Code of the Code of Fayetteville to amend Chapter 151: Definitions, Chapter 152: Administration and Chapter 166: Development in order to prohibit or regulate decentralized sewer systems within the city limits. This ordinance was left on the First Reading at the April 1, 2008 City Council meeting. This ordinance was left on the Second Reading and then tabled at the April 15, 2008 City Council meeting to the May 20, 2008 City Council meeting. This ordinance was tabled at the May 20, 2008 City Council meeting to the June 17, 2008 City Council meeting. This ordinance was left on the Second Reading. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org C. Public Hearinus: 1. Raze and Removal at 402 E. Center Street: A resolution ordering the razing and removal of a dilapidated and unsafe structure owned by Roy Lee and Sandra Ruth Taylor located at 402 E. Center Street in the City of Fayetteville, Arkansas; and approving a budget adjustment in the amount of$4,945.00. D. New Business: 1. ADM 08-3017 39 East South Street ROW Variance: A resolution approving a variance of the Unified Development Code Chapter 164.12 (F) Nonconforming Uses and Structures, Repairs and Maintenance and Chapter 166.18 Master Street Plan Setbacks, allowing the existing structure located at 39 East South Street to remain within the existing East South Street right-of-way and to be improved greater than the 10% allowed by code, within the existing limits of the structure. 2. Wedeco, Inc: An ordinance waiving the requirements of formal competitive bidding and approving the purchase of spare parts for the West Side Wastewater Treatment Plant's ultraviolet disinfection system from Wedeco, Inc. in the amount of$54,300.79. 3. Cues, Inc: An ordinance waiving the requirements of formal competitive bidding and approving the purchase of sewer televising equipment from Cues, Inc. in the amount of $27,627.78. 4. Northwest Arkansas Regional Mobility Authority: An ordinance providing for Fayetteville's participation in the Northwest Arkansas Regional Mobility Authority and approving an agreement with participating members of the Northwest Arkansas Regional Mobility Authority. Announcements: 1. City Council Tour: None Adjournment: 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org A.6 Humane Society of the Ozarks Donation Page 1 of 2 RESOLUTION NO. A RESOLUTION ACCEPTING A DONATION OF $20,000.00 FROM THE HUMANE SOCIETY OF THE OZARKS TO BENEFIT THE FAYETTEVILLE ANIMAL SHELTER; AND APPROVING A BUDGET ADJUSTMENT RECOGNIZING THE REVENUE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas, hereby accepts a donation of $20,000.00 from the Humane Society of the Ozarks to benefit the Fayetteville Animal Shelter. Section 2. That the City Council of the City of Fayetteville, Arkansas, hereby approves a budget adjustment recognizing the revenue. PASSED and APPROVED this 17th day of June, 2008. APPROVED: ATTEST: By: By: DAN COODY,Mayor SONDRA E. SMITH,City Clerk/Treasurer A.6 Humane Society of the Ozarks Donation Page 2 of 2 B. 1 Hiring Freeze Page 1 of 4 14111!;rz�. 7::.0:. -�` r�rYET MEMORANDUM Date: June 10,2008 To: Mayor Dan Coody and City Council Thru: Gary Dumas,Director of Operations 11r1��. From: Connie Edmonston,Parks & Recreation D re�for Subject: Replacement of Parks Maintenance Worker II Recommendation: City Council approves the hiring of the Parks Maintenance Worker II in the Parks and Recreation Division, Background: On June 5,2008,a vacancy occurred for the Parks Maintenance Worker 1I position. Discussion: The spring and summer months are a critical time period for the Parks and Recreation Division which is responsible for the maintenance of over 3,600 acres in 71 parks. This position is primarily responsible for mowing,weed eating,pruning of trees, and keeping the parks and trails clean and free of litter. This position also assists with the maintenance of the athletic fields and the installation of the Lights of the Ozarks display as needed. Budget Impact: The entry level position for full-time Parks and Recreation maintenance staff is the Maintenance Worker II. This position's salary is funded by the General Fund because it is responsible for the daily maintenance of parks,public lands and trails. The salary for this position stalls at$20,911 annually. t City of Fayetteville PARKS AND RECREATION DIVISION 113 W.Mountain Street Fayetteville,Arkansas 72701 Telephone: 479-444-3471 Fax: 479-52I-7714 E-mail:cedmonston@ci.fayetteville.ar.us . .. ... .... . . . . . B. 1 Hiring Freeze Page 2 of 4 v CITY OFFAYETTEVILLE Position Description POSITION TITLE: Parks Maintenance Worker II EXEMPT(YM):No DEPARTMENT: Operations SUPERVISOR: DIVISION:Parks and Recreation EEO/JOB CODE: DATE REVISED:April 2007 ESSENTIAL DUTIES AND RESPONSIBILITIES: Note:All City of Fayetteville positions require the employee to provide good customer service to both internal and external customers, maintain positive and effective working relationships with other City employees(especially members of his or her own team), and have regular and reliable attendance that is non- disruptive. Other essential duties of this position include the following: I. Perform semi-skilled physical labor and operation of light and heavy duty equipment in the construction,maintenance and repair of city park facilities. 2. Use mowers and bush hogs for mowing of park grounds—Daily. 3. Use weed and tree trimming equipment for the removal or pruning of weeds and trees- Daily. 4. Operate and maintain equipment by cleaning,changing oil and air filters and simple repair—Daily. 5. Pick up trash on park grounds and trails,empty trash bins and clean restrooms—Daily. 6. Snow removal from downtown square area—Annually. 7. Set-up and clean-up for public events held in city parks—Weekly and Monthly. 8. Maintain athletic fields when assigned. Duties include: drag,smooth and water fields- daily; maintain and clean all storage sheds and restrooms-daily; water removal -weekly; painting of ball field tines for baseball,softball and soccer—daily and weekly;use of tractors to scrape,fix and improve field conditions—daily; maintain scoreboards, function and lights—weekly. 9. Perform other duties as assigned. SECONDARY DUTIES AND RESPONSIBILITIES include the following: 1. Operate a 60 foot man-lift to hang Christmas lights in tree tops,limbs and trunks.— Annually. 2. Use backhoe and front-end loader as needed —Weekly and Monthly. 3. Secondary duties as assigned. Parks Maintenance Worker II 4-2007.doe 1 10/19/2007 B. 1 Hiring Freeze Page 3 of 4 MINIMUM QUALIFICATIONS 1. High school diploma of GED;one year prior related experience preferred. 2. Must possess a valid Arkansas Driver's License, 3. Must successfully pass criminal background check for felonies, theft offenses and/or any conviction, no contest or guilty plea that would qualify to prevent a person from obtaining an Arkansas teaching certificate 4. Effectively communicate with others orally and in writing. 5. Ability to add and subtract two digit numbers and to multiply and divide with 10's and 100's. Ability to perform these operations using units of distance. 6. Must be able to operate various hand tools; truck,mowers,bush hog,Workman, trailers, tractors,backhoe,hand tools,chalker,irrigation system,scoreboard controllers,blowers, weed-eaters,trimmers,chainsaw,man-lift, grinder and chipper; . 7. While performing the functions of this job,the employee is regularly required to communicate effectively. The employee regularly is required to stand,walk,and sit. The employee is regularly required to use hands to finger,handle,or feel;reach with hands and arms;climb or balance; stoop,kneel,crouch,or crawl. The employee must regularly lift and/or move up to 100 pounds. 8. While performing the functions of this job, the employee is occasionally exposed to, moving mechanical parts; high, precarious places; fumes or airborne particles; toxic or caustic chemicals; outside weather conditions and risk of vibration. The noise level in the work environment is usually loud. Parks Maintenance Worker II 4-2007.doc 2 10/19/2007 B. 1 Hiring Freeze Page 4 of 4 D.4 U Northwest Arkansas Regional AGENDA REQUEST Mobility Authority Page 1 of 22 FOR: COUNCIL MEETING OF JUNE 17, 2008 FROM: MAYOR DAN COODY ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance Providing For Fayetteville's Participation In The Northwest Arkansas Regional Mobility Authority And Approving An Agreement With Participating Members Of The Northwest Arkansas Regional Mobility Authority APPROVED FOR AGENDA: Dan Coody Date Mayor Kit Williams Date City Attorney (as to form) D.4 FAYETTE"LLE N21 egional obi Authority e2of 22 THE CIN OF FAYETTEVILLE,ARKANSAS KIT WILLIAMS,CITY ATTORNEY DAVID WHITAKER,ASST.CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Dan Coody, Mayor City Council FROM: Kit Williams, City Attorney DATE: June 9, 2008 RE: Northwest Arkansas Regional Mobility Authority The City of Fayetteville has been invited to join the Northwest Arkansas Regional Mobility Authority that has been created by Washington and Benton County. Rogers has already joined. This authority will be governed by a board of directors which shall be the respective county judges and mayors of first class cities (which choose to join). A.C.A. §27-76-303. Since the authority has already been created and covers all our citizens (through Washington County), there is little reason for the City of Fayetteville not to become a member with input on the decisions. To join we must pass an ordinance which is presented to the City Council for its consideration. The City also needs to pass the agreement. I would like to have slightly modified the agreement already passed by Washington and Benton County, but I guess we must pass the identical agreement. Thus, that is also attached for your consideration. I started to include the statute authorizing these authorities, but it runs over 20 pages so I will simply answer any questions you might have about it. D.4 Northwest Arkansas Regional Mobility Authority Page 3 of 22 ORDINANCE NO. AN ORDINANCE PROVIDING FOR FAYETTEVILLE'S PARTICIPATION IN THE NORTHWEST ARKANSAS REGIONAL MOBILITY AUTHORITY AND APPROVING AN AGREEMENT WITH PARTICIPATING MEMBERS OF THE NORTHWEST ARKANSAS REGIONAL MOBILITY AUTHORITY WHEREAS, there are major transportation issues in Northwest Arkansas that cannot or will not be solved by the Arkansas Highway and Transportation Department (AHTD) alone; and WHEREAS, in recognition of financial limitations, as well as the lack of suitable statutory authority for cities and counties to collectively fund and implement transportation projects on a regional basis, with or without AHTD participation, the Legislature approved Act 389 of 2007 to revise the Regional Mobility Authority Act of 2005; and WHEREAS, the stated intent of Act 389 made clear that the funding of regional mobility authorities is intended as a supplement to, and not a substitute for, state and federal transportation aid to counties and municipalities; and WHEREAS, with said changes, revisions, and clarifications, the establishment of a multi-county regional mobility authority is now deemed practicable and advisable, and it is the desire of the City Council to move forthwith in such establishment with participating members of the Northwest Arkansas Regional Mobility Authority. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes and approves Fayetteville's participation in the Northwest Arkansas Regional Mobility Authority. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves the "Northwest Arkansas Regional Mobility Authority Agreement," which is attached hereto as Exhibit "A". D.4 Northwest Arkansas Regional Mobility Authority Page 4 of 22 Section 3: That the City Council of the City of Fayetteville, Arkansas hereby authorizes and directs the Mayor to execute the document on behalf of the City of Fayetteville, and transmit it to participating members of the Northwest Arkansas Regional Mobility Authority for consideration. PASSED and APPROVED tks 17th day of June, 2008. APPROVED: ATTEST: DAN GOODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer D.4 Northwest Arkansas Regional Mobility Authority Page 5 of 22 NORTHWEST ARKANSAS REGIONAL MOBILITY AUTHORITY AGREEMENT As authorized by Act 389 of 2007 of the Arkansas General Assembly, codified as A.C.A. 27-76- 101, et seq., Washington County and Benton County herewith form the Northwest Arkansas Regional Mobility Authority (the "Authority"). ARTICLE I—AUTHORIZATION The parties to this Agreement are Washington County and Benton County, Arkansas and municipalities within the jurisdictional boundaries of the Authority. Municipalities within the jurisdictional boundaries may become a member of the Authority subject to meeting the requirements of A.C.A. 27-76-203. The counties and the subsequent signatory cities agree to join cooperatively in establishing and providing for the operation of the Northwest Arkansas Regional Mobility Authority. ARTICLE II—DURATION The Authority shall have a perpetual existence. ARTICLE III—ORGANIZATION A. CONSTITUTION. The Authority shall be governed by a Board of Directors. The Board of Directors shall include the County Judge, or a representative designated by the County Judge, of each county that is a member of the Authority; and the Mayor, or a representative designated by the Mayor, of each city of the first class that is a member of the Authority. The designated representative of a County Judge or a Mayor shall be a qualified elector of the jurisdiction that the designated representative is appointed to represent. B. TERMS. A Director who is a public official may serve on the Board of Directors during his term of office as the County Judge or Mayor of a member of the Authority. A Director who is the designated representative of the Mayor or County Judge serves at the pleasure of the Mayor of the municipality or the County Judge of the county that is a member of the Authority. The term of such a Director shall not extend beyond the term of the appointing public official. A new Mayor or County Judge may designate the same person who served as the designated representative of a previous Mayor or County Judge, as their designated representative to serve as a Director. C. PAY AND EXPENSES. The members of the Board of Directors of the Authority shall receive no salary or per diem, but shall be entitled to reimbursement of actual travel and out-of-pocket expense incurred on behalf of the Authority as authorized by the Board. ARTICLE IV—JURISDICTIONAL BOUNDARIES The jurisdictional boundaries of the Authority shall be co-extensive with the legal boundaries of Washington County and Benton County, Arkansas. D.4 Northwest Arkansas Regional Mobility Authority Page 6 of 22 ARTICLE V—GOVERNANCE The Authority shall be operated and controlled by its Board of Directors in accordance with A.C.A. 27-76-301, et seq. ARTICLE VI—POWERS AND DUTIES The Board of Directors shall have those powers and duties set forth in A.C.A. 27-76-401-410. All plans developed by the Authority shall be consistent with state implementation plans, statewide transportation improvements programs if federal aid funds are involved, statewide long-range transportation plans, city and county master street plans, and metropolitan transportation plans in metropolitan areas as required under 23 U.S.C. Section 134 as it existed on January 1, 2007. ARTICLE VII—EMINENT DOMAIN The Authority shall have the power of eminent domain and such powers shall be exercised for public purposes only, as set forth in A.C.A. 27-76-501 — 504. ARTICLE VIII—FINANCING AND BONDS The Authority may be financed or supported as determined by the Board of Directors in accordance with A.C.A. 27-76-601 —611. However, in no event may any member be financially obligated without the consent of its governing body. ARTICLE IX—TOLLING FEES, FARE AND OTHER CHARGES OF A TOLL FACILITY PROJECT As determined by its Board of Directors, the Authority shall have those tolling powers and rights as set forth in A.C.A. 27-76-701 —713. ARTICLE X—OFFICERS, MEETINGS,AND RULES A. OFFICERS. At its organizational meeting and at the first regular meeting of each fiscal year, the Board of Directors shall elect one of its members as Chairman, one as Vice- Chairman, one as Secretary, and one as Treasurer. At the discretion of the Board, the offices of Secretary and Treasurer may be held by one person. B. MEETINGS. The Authority's Board of Directors shall meet not less than quarterly at dates, times, and places to be established by the Board. All meetings shall be open to the public as provided by Arkansas law, and shall be conducted pursuant to procedures established by the Board. A meeting may be called by the Secretary at the direction of the Chairman, or upon the direction of a majority of the members of the Board of the Authority. C. RULES. Fifty percent (50%) of the members of the Board plus one shall constitute a quorum and no vacancy in the membership of the Authority shall restrict the right of a quorum to exercise all the rights and privileges or the duties of the Authority. The Board 2 D.4 Northwest Arkansas Regional Mobility Authority Page 7 of 22 of Directors of the Authority may create such committees as it deems necessary for the proper exercise of it functions. The Board shall adopt rules for the transaction of business, and shall keep a complete record of its activities and business, which shall be a public record. No member of the Board of Directors or any officer, employee, or agent of the Authority shall have a personal interest in any business of the Authority or in any contract with the Authority, or in any property or other assets in which the Authority is interested. No person shall be employed by the Authority who is related to a member or officer of the Authority by blood or by marriage within the fourth degree. For purposes of this provision, any corporation or other business in which any member of the Board of the Authority or any officer, employee or agent of the Authority has a substantial interest shall be prohibited from doing business with the Authority. ARTICLE XI—AMENDMENT This Agreement may be modified or amended in the same manner as this Agreement was adopted. ARTICLE XII—TERMINATION This Agreement shall continue in full force and effect subsequent to it adoption by all signatory parties. Whenever the members of the Authority shall by ordinance determine that the Authority shall be dissolved and that all bonds issued and all other obligations incurred by the Authority have been fully paid or satisfied, the members of the Authority may by ordinance declare the Authority dissolved. In the event that the Authority shall be dissolved, title to all funds and other property owned by the Authority at the time of dissolution shall be liquidated and distributed to the members in direct proportion to the funds contributed to the Authority by the members, if any, and if no funds were contributed, to each member in the manner provided in the ordinance declaring the dissolution. ARTICLE XIII—NEW MEMBERS; WITHDRAWALS Any municipality within the jurisdictional boundaries of the Authority, without exception, may become a member of the Authority subject to meeting the requirements of A.C.A. 27-76-203. Any member of the Authority may withdraw at any time without the consent of the other members prior to any bonded debt being issued by the Authority. The withdrawal shall become effective upon the adoption of an ordinance by the withdrawing member and the filing of the ordinance with the Authority. The withdrawal of a member shall not cause a dissolution or otherwise terminate this Agreement. If there is bonded debt of the Authority outstanding, a member may withdraw from the Authority without the consent of the other members so long as there are sufficient members remaining to constitute the Authority and to provide for a Board of Directors of the Authority. 3 D.4 Northwest Arkansas Regional Mobility Authority Page 8 of 22 ARTICLE XIV—COOPERATIVE AGREEMENT This Agreement incorporates by reference A.C.A. 25-20-104(c) to the extent that the same is consistent with the provision of the Regional Mobility Authority Act and with this Agreement. ARTICLE XV—FULL AND COMPLETE POWERS AND DEFINITIONS It is the intention of this Agreement and the signatories hereto that the Authority established hereunder have all of the powers, duties, and obligations conferred upon the Authority by the Regional Mobility Authority Act. The definitions and powers of the Act are incorporated by reference. ARTICLE XVI—GENDER Any references to gender made herein are intended to be neutral. ARTICLE XVII—ENTIRE AGREEMENT This writing constitutes the entire agreement between the parties. All amendments or modifications hereto must be in writing. Act 389 of 2007 is attached, designated Exhibit A, and incorporated by reference. In WITNESS WHEREOF the City of Fayetteville, by its Mayor has executed this Agreement on the 17th day of June, 2008. CITY OF FAYETTEVILLE By: DAN COODY, Mayor ATTEST: By: Sondra E. Smith, City Clerk/Treasurer 4 D.4 Northwest Arkansas Regional Mobility Authority Pa e 9 of 22 as a r Jerry Hunton Gary Black County Judge County Judge Washington County Benton County April 30, 2008 The Honorable Dan Coody Mayor City of Fayetteville 113 West Mountain Street Fayetteville,Arkansas 72701 Dear Mayor Coody, We are writing to inform you of recent actions by the Benton County and Washington County Quorum Courts to establish a Northwest Arkansas Regional Mobility Authority (RMA). We also want to let you know that all municipalities within Washington and Benton Counties are eligible to join as members of the RMA. Cities have taken great strides to address street infrastructure needs within city boundaries. But, because of the rapid growth, our regional highway needs have not kept up with the population explosion over the past decade. We have thousands of citizens who commute between our counties, and our north/south, as well as our easttwest corridors are becoming increasingly congested. Growth is projected to continue, and if we don't take proactive steps to address the region's transportation needs, highway facilities will become inadequate, delays at interchanges will increase, and the quality of life we now enjoy will be compromised. The establishment of a Northwest Arkansas RMA gives us a tool for putting infrastructure in place in order to provide continued mobility for our residents. The Quorum Courts of our respective counties approved the establishment of a Northwest Arkansas RMA to work toward implementation of specific, large-scale projects of regional significance that have been identified by the Northwest Arkansas Regional Planning Commission as priorities for Northwest Arkansas. The Northwest Arkansas RMA will be a single governmental entity focused on financing and implementation/construction plans for regional transportation projects. Under the statutes that authorize establishment of RMA's, voters must approve virtually all significant funding sources for RMA projects. For a city within the two-county jurisdictional boundary to join the RMA, the city council must pass an ordinance providing for the city's participation, and enter into an