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Home My WebLink About104-82 RESOLUTIONRESOLUTION NO. /Q 9' Y A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SETTLEMENT AGREEMENT IN PENDING AIRPORT NOISE LITIGATION. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute the Settlement Agreement attached hereto, marked Exhibit"A" and made a part hereof to resolve pending airport noise litigation. PASSED AND APPROVED this day of 1982. reIC • ATTEST • .. 1 -. � } _ a /� CITY CLERK" f T APPROVED: By 2a/ v 1 ' i / el e MAYOR • 1 SETTLEMENT AGREEMENT AGREEMENT made the 7th day of September, 1982, between Johnny James, Hazel James, Bruce Crider, Marge Crider, Jim Farmer, Frances Farmer, Polly Hudson, Ed Bachman, Lorene Bachman, Margie Herdrich, Jeffrey Herdrich, Dr. John Ashburn, and Lee Ashburn, herein referred to as "Claimants", and the City of Fayetteville, Arkansas, and Scheduled Skyways, Inc., herein referred to as "Defendants". Section 1. Purpose. This Agreement is made as a compromise between the parties for the complete and final settlement of the claims, differences, and causes of action with respect to the dispute described below. Section 2. Settlement of Dispute. Claimants assert claims against Defendants based upon noise at the Fayetteville Municipal Airport (Drake Field) generated from stationary aircraft engine run-up testing by Scheduled Skyways, Inc., a commercial carrier, during normal sleeping hours. An action for permanent injunctive relief based on the above stated claim has been filed and is now pending in the Chancery Court of Washington County entitled "Johnny James, et al. v. Scheduled Skyways, Inc. and the City of Fayetteville" which action is identified as Case No. E 31-1296. An action for monetary damages based on the above stated claim has been filed and is now pending in the Circuit Court of Washington County, Arkansas, entitled "Bruce Crider, et al. v. Scheduled Skyways, Inc. and the City of Fayetteville, Arkansas" which action is identified as Case No. CIV 81-1233. Defendants deny any liability to claimants and deny that claimants are entitled to injunctive relief or monetary damages. The parties desire to reach a full and final compromise and settlement of all matters and causes of action arising out of the facts and claims as set forth above. • -2 - Section 3. Terms of Settlement. In consideration of the mutual covenants set forth herein, the parties agree as follows: (a) Within twelve (12) months from the date of this Agreement, the City of Fayetteville shall construct a noise barrier for stationary aircraft engine run-up testing at the Fayetteville Municipal Airport (Drake Field); said noise barrier shall be designed, constructed, and located in such a manner and with such materials as is necessary to implement the recommendations on page 44 of the Noise Impact and Mitigation Analysis for Run-up Onerations dated June, 1982 prepared by Braun Binion Barnard, Inc. and Vincent Mestre Associates which study is incorporated herein by reference thereto; said noise barrier shall result in Ldn contours substantially in conformance with those Ldn contours reflected on Figure 28 at page 40 of said Analysis and Ldn levels substantially in conformance with the Ldn levels reflected in Table 3 at page 32 of said Analysis for a 25' barrier on the east side of the runway. (b) The City of Fayetteville shall be under no obligation to construct the aforesaid noise barrier if the City does not receive federal and/or state grant funds equivalent to ninety (90%) percent of the estimated cost of constructing said barrier and the necessary taxiway and apron. Said estimated cost is presently $141,018.00. In the event the City receives such federal and/or state grant funds, Scheduled Skyways, Inc. shall pay to the City a sum equivalent to ten (10%) percent of the actual cost of construction; said payment to the City shall be made as follows: Within ten (10) days from the date the City makes each progress payment to the contractor for the construction of said noise barrier, Scheduled Skyways, Inc. shall nay the 1 1 -3- City a sum equivalent to ten (10°x) percent of the amount so paid by the City. On the same date the City makes a payment to the contractor, the City shall mail Scheduled Skyways, Inc. an invoice reflecting the amount so paid and the amount due from Scheduled Skyways, Inc. (c) The City shall be under no obligation to construct the aforesaid noise barrier if said barrier cannot be designed, constructed, and utilized without impairing proper operation of stationary aircraft engine testing instruments utilized by Scheduled Skyways, Inc. and other commercial airline carrier. (d) Claimants agree that all claims, demands, rights, and causes of action that they have or may have against the City of Fayetteville and Scheduled Skyways, Inc. with respect to the above described dispute are satisfied, discharged, and settled. Claimants also agree to seek, obtain, and be bound by a dismissal with prejudice in the above-described actions against said Defendants. Section 4. Effect 'of Agreement. This Agreement shall be binding on and inure to the benefit of the parties and their respective legal representa- tives, successors,and assigns. • IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. JOHNNY JAMBS,HAZEL JAMES, BRUCE CRIDER, MARGE CRIDER, JIM FARMER, FRANCES FARMER, POLLY HUDSON, ED BACHMAN , LORENE BACHMAN, MARGIE HERDRICH, JEFFREY HERDRICH, DR. JOHN ASHBURN and LEE ASHBURN B•i Jordon L. Cummin} Their Attorney ATTEST: CITY OF FAYETTEVILLE, By VLLGQi C.C- City Clerk 7 ARKANSAS Mayor 4 SCHEDULED SKYWAYS, INC. By DAVIS, COX, &-WRIGHT Its Attorneys 120 reeatland • • j• f •3 J. 0 A f I LLD �. • I ;i \ I•" (1reeriland ;9r+'t I4n1 1 I r �I Ir (g j liC \ \,q.` 0 Figure 28 Ldn CONTOURS WITH 25 FOOT BARRIER AT NEW LOCATION f 40 NORTH DRAKE FIELD NOISE STUDY FAYETTEVILLE, ARKANSAS BRAUN BINION BARNARD, Inc. VINCENT MESTRE ASSOCIATES 1 1 1 1 1 1 • top of the propeller which is approximately nine feet above the ground. The aircraft was assumed to face the noise barrier with the propeller plane twenty-five feet from the noise barrier. This distance reflects the need for free air flow and a safety factor for the aircraft. The sides of the noise barrier were assumed to extend far enough along the side of the aircraft to block line of sight between any observers and the exhaust of the engines. It should be noted that the aircraft was oriented facing the noise barrier because it is desirable to get the source (the propellers) as close to the barrier as possible. This may require building in chocks and the tie -downs to prevent the aircraft from lunging into the wall suddenly. ,The results of the barrier analysis are shown in Table 3 for a 10, 120 and 25 foot high noise barrier. Table 3 shows these results for a barrier located at the existing run up area and for run ups re- located to the east side of the airport (discussed in the next section of this report). As can be seen from this table, a noise barrier can be a very effective mechanism for reducing noise levels. Table 3 LDN WITH NOISE BARRIER Drake Field . NO LOCATION BARRIER BARRIER AT EXISTING HANGAR 10' 20' 25' BARRIER ON EAST SIDE OF RUNWAY 10' 20' 25' A B c D E F G H I J K L M N 0 P 60.3 62.6 69.4 79.6 64.1 70.5 76.6 74.2 82.1 87.7 66.3 75.0 82.1 67.6 71.0 76.6 56.1 50.1 47.7 53.4 47.5 45.0 57.9 51.9 49.6 54.9 48.9 46.5 64.0 57.8 55.5 59.0 53.0 50.6 73.6 66.9 64.7 63.6 57.5 55.1 59.4 53.3 51.0 55.2 49.3 46.9 65.1 59.1 56.6 58.9 53.1 50.6 71.4 64.9 62.6 62.1 56.1 53.7 74.1 64.2 61.5 66.3 56.0 53.4 76.4 69.7 67.4 64.1 58.1 55.6 82.7 75.4 73.2 65.6 59.4 57.1 61.3 55.3 52.9 59.6 53.6 51.2 69.6 63.3 60.9 64.5 58.4 55.9 76.5 69.7 67.5 66.4 60.2 57.8 62.6 56.4 54.0 62.8 56.7 54.3 65.9 59.6 57.3 65.3 59.1 56.7 70.8 64.3 62.0 67.3 61.0 58.6 4 Figures 22, 23, and 24 show the Ldn noise contours for the 10 foot, 20 foot and 25 foot high noise barrier respectively. These contours are for the run ups remaining at the current location, but with the construction of a high noise barrier. 32