HomeMy WebLinkAbout1913-01-02 Minutes1208
City_ examined and found correct, towit : Fay_ette--ville_Lbr.-& Cement_Co.._,_mat.er.i,al_f.or St.._Commr._
.$10.6:..12;,Fay_e t t ev i t l,e_li i gh t-C.o..-,_lights-foo r-Nov._1912,_$3-178..00.;-A .?L..W.il s o n,-o.f f ice -e xp en s e.,.$3a
Hill City Lbr. Co_, material for St. Comro $.0 .51. S.W.Te-1. Co.:,-pho.ne_r..en.t.,-$10...50_;-P.olic.e-Jud
e..
to
1
mce expense, $1.90; A.M.Byrnes, work on street, $.19.20, -and -moved that-said-ac.c.ount.s-b.e_allo�N.
d
I
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and _Cl.erk_instruc.ted to_dr.aw-war.ran.t_s—f-or same:,-which-motion-was-duly-seconded—by-Ald-.-P-r ce-
and_ado.pted-by-.the-following vote, "Aye s",-Eason,-P-r-ices-Sou-r—and-Su-title—"Nays"—none—absent-
�-
and -no -t v.o.ting.,-Ald._Cor.nwell-and-"ir-ight,---Car.r-ied-,-and-Cler--k-i-nstr-uc-ted-to-d-raw-said-warrants
--__ Up.on_moti.on_.C.ouncil-adj.ourned-subj.ec_t_to-call-of the_Mayor.
— {.Ap.proved.:
&V,1—At-test•:.-
i
_
___' '
—. moo$• Clerk.—
_ CALL`MEETING CITY COUNCIL, HELD JANUARY 2nd, 1913. y\
;
Present,_ Mayor and Clerk, Aldermen Cormvekl, Eason, Price, Sour, Suttle and Wright,
bsent. - none..
Sour Introduced the following
--Aldo -petition
_ 1'To Th_e, xonor_eble_Council of the City of Fayetteville,. Arkansas
The undersigned, your petitioners would respectfully represent and show, that a petiti
n
Isignedby more than ten property owners in the City of,Fayetteville, Arkansas, and within the
territory described'within said petition suss presented -to your honoralile body on the day of",-
!December, 1912, praying that your body take all necessary and proper steps and pass all proper
and-nec11 essary-ord-inances-for-the-oreati-on-of-an-improvement-district-embraced-in-the-te.rritory—
describ`ed in said petition for the purpose of improving by paving with some modern and permanent
----�pavi-ng- mat erial o-ther-than-macadam-the-following-dtr-ee-ts-and-publ-ic-square-,-towi.t.:
-
;I 'Dickson Street from the ?'lest line of the St. Louis & San Francisco Railroad Company's
!Right of_?]ay_,_to_ the: `9.est._line-of-Qo,llege_Avenue-,_and East Street_ from Dickson Street to the
Publicl'S_quare; and the Public Square, (except the part thereof owned by the United States Goverment
used as`a Post Office site) and the parts of Center, Mountain, Block and East Streets adjacent t
lthe Public Square.
That your honorably body passed an ordinance numbered(301-laying off the territory
- -described-in
-
sai-d--peti'tiori for th-e p irpose-d-escrib-ed-iri ssaatd-petit-ion-and-herein-set-forth—whic
said ordinance was passed on the day of December, 1912,
---- -!,, That the -said -ordinance -:vas -duly -published i-n-the-"Eveni-`ng- a s!!—w-ith-i-n-tiven-ty-days—
�after its passage, under the hand of the Clerk of said City;
�,..ZWnerefor_e_the.,,unders.igned_o_v+n.ers-of real_pro-perty situated within the district d_escrib_d
s
Aithinisaid petition, pray that such improvement be undertaken and that the'cost thereof be arse
led and charged upon the real property situated within such district and that said district be fox
the purpose of carrying out the improvement herein set forth.
J.P.Hight, Arkansas Nat'l. Bank, Washington Hotel Co.
--- - By Jay-Fulbright—Pres. By B:R-Davidson,—Atty.
W.S.Pollard, Ozark Grocer Co. G.W.Rattenbary.
---- - ----- .--By-B,.R.Davidson,,• By-G..S7-.Rat.tenbury-,Mgr-.-E..C..Pri-tchard...
-
C.A.Mulffiolland. first Nat'l. Bank. Yloyd 'Hight.
_- -Otey gkller. By Art Lewis, Pres. W.T.Nesbit.
D.F.McMillen, C.B.Paddock, A.C.McAdams.
So.W.T.& T Xo. Reed & White, St.L.& S.F.•R.R.Co.
�
- ---�"`By JoH Cowan, By-J:C-oWKite. By-W:P:McNair, Agt.
(—
North West Ark.Lbr.Co. By L.R.Putman, Secy & Treas. W.A.Cornwell.
j
- - --'—Kinney-Armstrong---A:P-Eason-&-H-E:Eason.—J-.-P:Scott-- -
—
W.H.Whittmore, W.P.McNair, Jr. W.T.Farrar & Co.
----- �t._--A.N.Cole, B.H. Stone,— I..G_.Combs..__
J.C.Mitchel-1. CoH.Bell. B.F.McAllister.
F.P.Hall.J.M.Blo ed. Mrs_. J.O.Risser.
Mrs.J.B.Lea. W.F.Stirman. C.R.Gilbreath.
R.P.Nifong. J.D.Parks. J.F.Ladd.
_
- r E.C.Gollaher. A.L*Williams. A.I..Cole.
—
4 S.H.Blackmer. J.L.Mitchell. S.W.Peel.
4 — 1t--City`of-Faye'tt7evilre---by-W:H:Rollins—:3ayor. t 9 - Church—by' C.':7:PhtTTips,
Ed Green, by A.L.Trent, Atty. in Fact. Chairman Board Trustees.
----=-—A:H-.Mi-ller. W.-F-.Mayfield-,-by-0-tey-Diller. A.C-.Hamilton..
i Wm.Walker Bishop. J.A.Hudson. J.R.Batee.
M.Baum. "
_And_of-ter_ consideration of said petition and the evidence of petitioners showing that
-,
said peLit_io_n_is_signed by a majority in value of the owners of real property within said distrct
and ng_ the! locality to be affected, thereupon Aid. Sour introduced the following resolutio
--adjin_
..
Jay_Fulbr-ight_,_ Dr. J.P.Hight_-and__Dr.__0
ir.eal_prop erty_in-Paving _Imp r.osement_D.istrict.__No.._l,_ of the_gityof Fay_etteville,_Arkan.sas,. be _
____tappo.inted. a -Board -of Improvement for said District. "
I
._--___-_---___And_moved_it.s_adoption, the question_ be_ing_shall_the resolution be _adopted, the
____ ame was__submitted to the -Council and adopted by the following vote, °Ayes", Cornwell, Eason, ---
!Pr i c e,. _'_So_ur,._ Sut_tIoL
ason,___Price.,__Sour,,_Suttle and__Tright,
_"Nays", none,__absent and not_voting none so said resolution
--- ;was --declared- ado.p.ted_and-the_Ci_ty Clerk-is__ins.tructed-to__notify the_ said, memb_ers of__said-`.
_ ;,'B.oard.of_Improvement--of-_their _appointment_.
A_petition signed by Tol Ladd, et al, praying the Council to order the awnings
n_-f-ron.t.-_of__the busine.s.s-houses_no_x on_W3st Dickson street to be-bemoved was_presented,-redd
land-upon-mo-tion..of.Aid. -Sour-,- sec.onded--by Ald.-Pri-ce-same-waEL.I:�ef�ex�re_d_referred to the -
Aid. Suttle introduced the following resolution -
"-.Be_i.t_r.esol-ved,-by the_Council-of ttie_City of_F.aye_t.teville.,_Arkansas_:-_-___`- _
That the salary of the City Attorney be raised from $16.66 2/3 per month to $25.00 per month,
that this resolution be in force from and after its passage and all resolutions or parts
thereof in conflict herewith be and the same are hereby repealed: "
_____ _And- moved_ its_adoptio.n,-the-question_now-being_ shall_t_he_res_olution be adopted,_
the -same was- submitted_ -to the Council and adopted_by the following vote, "Ayes", Cornwell,
Price, Sour,. Suttle and Wright, °Nays", Eason, absent and not voting, none, so said resolutiot
as. -declared adopted.__
JJpon_motion Council_adj_ourned until tonight at 8 o.Iclock lk.I3.-__
?por.oved.' -/-'-' - ---`
--- - - - -- ---Mayos.•— -
REGULAR_ MEETING OF THE CITY COUNCIL HELD JP14UARY 2nd, 1913.
Atte
Y Clerk.
Pre sen.t.,_Mayo r_and_Cler,k,_Aldermeii,, Cornwell,, Eason., Price, Sour, Suttle and _
__-Wright,..absent _ none,_ Minutes of meetings held Dec. 19, 1912 and Jan. 2, 1913 were read
i
id_ approved._. -_
-_ The following_ accounts against the City were presented, read and upon motion _
f Aid.__Suttle_s-econded_by Ald-. Sour,_same_were referred to the Auditing Committee, towit:
.H..Hayes-&.-Co.._46...00.,_ Geo.H..Pe.ttigrew.,_y5.._00.,.-E.J.Hall., $26..42, _Jnoh Pefferly_,__a4.70 _W.F. _
tirman,_ $2.45,_Light_Co., 0178.50 and J.H.Phipps Lbr. Co., $"5.64.
_The.renorts_of _the City Treasurer, City Weighmaster, Police Judge, Chief of
olice and St. Comr and Special Rtebursing Agent were presented, read and upon motion of
1d._Sour_seconded by Aid. Suttle same were referred to the Finance Committee for their
nvest.igation _and-re.por_t.----_—_--- ------_--------------_---___- - -- _-�-- _
Aid. Cornwell, Chre of the Committee heretofore appointed by the Mayor to
npestigate the removal of the Oil Tanks from their present location in the City, reported
hat -the, Committee _would _recommend
-_that _ said Tanks be removed from said vinicinity, whereupon
he -Mayor suggested -that -further- time-be-allowed_said_Company-_.to_move,-which-was_granted.____ _
Aid, -Eason_frorpthe Ordinance Committee introduced an ordinance, entitled, " An
rdinance granting to John IA*Connelly, and associates, be their one or several, the right to
onstruct, purchase,_. -lease., operate and maintain an electric street car railray in the City
1210
of-Faye:t.to•vi]ae,-Arkansas.,"•and_mo-ed-that-said_ordinanp.e_b.e_3ead the -first time.,-which_mot.ic.n was
duly se.c.onddd by A1d..,Sour„-and-adopted by t_he following vote, "Ayes", Cornwell, Eason, rrlce,Sou.-
_Suttle
and Wright, "Nays", none, absent and not voting none, and sad2d ordinance was read the first
It,ime.,
w.her_eupo.n_Ald. Sour moved that the rules be suspended and said ordinance be read the second
time.,-whi.ch_motio,n_w.as_duly s.eco.nded by_Ald. Suttle and adopted by the following vote, "Ayes",—
-
C.ornw.ell.,-Eason,-Pr.ice•,_Sour, Suttle and Wright, "Nays", none, absent and voting, none, same was
-
(r_ead-the-second
t.ime.; whe.r_eup-Qn Ald. Prife moved the rules be further suspended and said ordinance
read the third time and placed upon its passage, which motion was duly seconded by Aid. Sour,
-----,Iand-ado.p.ted-by
the -following vo.te.,"Ay-es",Qormvell.,-i;ason, Yrice, Sour,_Suttle and Wright, "Nays"
<M_
-----none,-ab.sent-and-not
vo.ting,-rone_and_s.aid_o.rdinance was -read the third time, the question now
lb.eing.,-.shall-the-o,rdinance_p_ass
? The roll was.called and the following members voted "Aye", tow
Cornwebl, Eason, Price, Sour, Suttle and Wright, "Nays", none, absent and not voting, none, and
t
same receiving two thirds majority of all members elected to the City Councilv.s therefore decla
ed
_.,tp.boEL
assed and adopted - whereupon the Mayor asked for time in which to fully investigate said
I.ba.dinance-befoxe_he-signed-same.,-which
vas -granted,
.A1d.,Sour statedto the Council that he had a proposition from Miss Amanda Stone, towar
s =
furni,shing_certain_gro-und in the City of Fayetteville, to said City for the purpose of using sam
as a market place - which matter was passed for the time being.
_
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..Upon motion Council adjourned.
--APpr.dved.:
At -test.• - - -m - --
,-
I
Mayo ne Clerk
_ - The following veto aas-filed with the Clerk, Jany_. a.,-1913=to�¢i-t:
_
_
" Mayor's Office, Fayetteville, Ark. Jan, 4, 1913,
T -o The City`Council of-theCity of`ayetteville:
-
;I �I I have carefully considered the provisions of the ordinance passed by your body on the
2nd -day -of Janue:ry--19i3; eriti-tled-" An -Ordi'nan'ce -gran't'ed -to John A-ConnolTj a.rid associated,
-
their successors, heirs, grantees and assigns, be they one or several, the right to construct,
-__ main.tain,-use.,-purchase:,-lease-and-operate-a-street-r-ailway-or-r-ailways--toge-ther-wi-th-Pourer-Plan-
=
and transmission system for the purpose of operating and maintaining a system of Electric Current
for the production of powers in the City q_ Fayette-v_ille., County of �Yashi,ngton.,•,_Stat.e-of Arkansas.
and the'guture limits thereof, defining the powers, privileges and restrictions under which right
It
shall be execrised, It and herewith return the same with my veto thereof.
x
�'--I recognize tna.t the power of vetoing the actin of -the Council shall never be used in
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a doubtful case, but only in matters of great import, and where it is apparent that the proposed
-----Ord-i-na.nce-i-s-suecept-i-bl-e-oi working-great-hardship-or-injury-to-the--City-or its -inhabitants----
x-
�� I have profnand respect for the honest and good intentions of the members of the
-�.ouncil..and-this-is-the.f.irst_ins.tanc.e-during-my t.w.o-terms-of of.fice-where,I-haue_fel-t-i.t-my dut-y_
_
to enter my protest in writing against their actin. If this ordinance be approved by me or passed
by this,Council over my protest, it -will doubtless -be accepted by the grantees.of .the franchise,_
e
and will: thereupon. become a binding contract for the period of fifty years - hence the important
Of the greatest care and prudence on the part of the City Council, in seeping that the rights of
- the-pubTi"c are protected. -
..
Viewing the ordinance as a whole, I believe its provisions are contrary to the public
?<
--- i-nteres-ts.-I-sha-1-1-now-proceed-to-state-my-obj-ect-i-ons-and-while-some-of-them-are-not-regarded-by-
me as vital, still, if the present ordinance is not adopted, they shauld be considered,�in the
_--_fr-aming..of__an-ordinance_in.._the-futur-e..
_
1. By Section Two (2) the franchises a double track together with sidings and turnouts
—__along the streets. This should not be permitted as it would virtuell y dedicate the entire street
'
to the railroad.
2. There is no provision in the ordinance reserving to the City the.right-to excavate the
p
ar� of -'"the street occu ied`ti-the railroad for the
P P y purpose of -laying or retia-iring torater mains or
---
sewer lines; ,nor does the city have the right to require the railroad to place its track in any
etecifi'ed--part-of-th'e-stre'et-P any -of -th'e-present-water-pipes-a.re-as I am-a:dvised-nlaced-und-er-
along the center of the street. If the tracks of the railroad are laid over them, it will result
---not-only ri-inconven-fence-in-repa-i-ring,-the-pi-pe li-ne-,-bu-t-mazy-be i-nj-u-r-i-ous,-to-the-pipes-, by-the-
constantuse of the electric current in operating the railroad. Section 2 also authorizes the rai
---___road-to�imake-excava.t.i.ons_nee.essary in_c.ons-traatiiig their r.o.ad., Y).ut_do.es-not_re_quir-e-it to -return
-
the street to its former condition.
i
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KH � 211
---REGULAR REGULAR Hib3ETING OF THE -CITY COJIICIL HELD JA:d. 17.,_ 19139_
Present;_ Mayor and Clerk, _Aldermen,_Cornwell,,_Price, _Sour,_ Suttle and `'fright, dDbsent _
.1d. -Eason -__Idinuts.s-of_Jan.-_2,. 19.13_rver_e__r_ead_and_appro3red._______._—.__-___-__________--,
__-The_reports of the Supt. -of the Water Company for_the__quarters_ending_S?/pt. 301912_,__
A -Dec.-30th, _1912, --respectively and the -Annual--Repor-t.-of _said _Company, _were presented -and-
!ad. and -upon mo.tion_ae:Rax_aut 6r_der_ed to he-audited__and-published.,
nd.the- reports__of the following-c.ity offic.ial.s for--the-month of -December, 19.12_were-_reported_
y_ -the Finance Copnittee_as examined and _found correct_,_towit - Police Judge, fines collected,
41.75;-Delinquent-street_tax collected, _-$62.00; Chief of Police, money_collected_from all
ounces, -$245..90; -Street -Commissioner., street -tax collected,__�84_._Q0_;_ Special_Disbursin¢ Agent,
oney expended- ,116.00_; City Weighmaster,_ fees collected, $17.00 and City Treasurer's report
hick_ is -as _foil ow.s.:---- - --- - --- -- - - ---- --
"Report of City Treasurer for Dec._1912._
912. Gen'1. Fund.
I/30 Bal: on -hand, - - $4265*641 ----- - Disbursements, $ 66b:11.-
2/ 5 Rec. from Stirman, 68.00.
2/31 _ - 1 - ___s --Gregg, 164.75.- - - - --- - -
" It " Allison, 16 _50. 3849.780
---- - - - - 4514.89-•~- - --- 4514.0-8.9..
21/3'1, Bal. on hand, 3849.78. _
-Se,ction_3-of -_the-ord-inance_provides_fo.r_ making _ and furnishing__grades,-maps _.and
profiles only " on request of the said grantee ". The Citv should certainly reserve the right
to require a map and profile whether the grantee.request it or not, this map and profile showi
- -
'the location of- tYie Toad and its grade should be furnished and filed with the City Clerk, sub-
ject to the approval by the City, before the railroad is finally located. The only other refer
-"-�-"
-'ence to -the filing -of --such, plot --or profile -i-s-found-in-Section-13; - and -while-this-sact ion -is----
indefinite it seems to give the railroad Company the right to withol.d and not file it until
-- tithe " end- of -.one-year-from--the-day-of-commencing-wor'_:"-.--In--other-words,--the--Ci"ty-au.tlzor-ities-----
have no legal right to know where the company proposes to locate itssroad until its one mile
hof-road_is- completed. Inate_ad_of_accepting a
bond to
be`for_ef_eited only
in_case the city
can show in a suit at law that the acts and conduct of the Company have worked a forfeiture,
theordinance should have required a money deposit with the power in the City Council to give a.
specified notice -"and -by resolution declare a fbrfeture-in Dasa of "default: The ri the railr`oad-
Company would have the burden of showing their performance of the contract.
---If-the-foregoing-objections be -considered -or -of -minor -importance,- 1 -come -now -to -
-
the consideration of a provision recently incorporated in the ordinance, which in my judgment,
--
fenders -it so -prejudicial -to the -public good., as. to -imperatively demand its- reconsideration.. -
By the original ordinance introduced in the Council, by which this franchise in behalf of W.S.
Y'
Merkle and othe_rs,_ t was expressly stipulated that the street car line ,should connect the
�ublic square with ALL railroad stations located within the corporate limits of the City, T is
'
was a wise provision, as connection with the different depots would accomodate a much larger
Pe -r cent of the travzling-pubiio than betiveeri any othe"r points iri -the City:-T}1is ordinance stood
j
in that attitude until shortly before its passage, when it was so amended as to omit the mention
-T --
- 'of -a depot or -railroad -station. fit -is -generally -understood that--if-any-street-railroad-is-con-
- -
structed and operated in Fayetteville the electric power for such purpose will be furnished by
- --
.the
-Fayetteville- -Elec-tric--Company.--It- is-likewise--known-that the --Fayetteville -Electric-Company
-
has recently passed into the hands of parties closely connected with the new railroad now enter
4ng_ the City. Lf_ this_new--railroad_doe,s-not take_oy-er and operate_ the_ pr_opo.sed.-street_ carihine---
it is morally certain that it will control its construction and operation. If this transpires
and the new railroad is a competitor of the Frisco and locates its station South West of the
--•- ------ - - - — - --- - - - -- -- ---a — --
ub7-ic Square, it can run the street Tailway from that point -to its station and thence to the
Universtty and return By the same route, and by so doing it will have fully complied with the
-- Iterms-of-the-ordinance..
The -.The -of -travel -in -and -out -of Fayetteville-i-s--over-the-main
---
Sine and branches of the Frisco system. The street railroad under this amended ordinance is
_under_.no
obligation -to -accomodate -this- travel.;--and-if -dominated..by-a. competitor _of_ _the-Fr.i,sco-_____
would not likely do so. Such a power in the hands of a corporation or individual should not be
tolerated bythe
City._I do not know with whom Mr. Connolly is associated; but if he secures
his franchise he would have full authority under the ordinance to transfer his franchise to
parties dominating the electric power, and a competiting line of railroad. Whether he will do
- -
",this or -not is" -yet -to be determined -but no -ordinance -should be adopted by the Council which -
,would render such a situation possible.
- -Resnecti'ulby-submitted-
- W.H.Rollins, Mayor. "
---REGULAR REGULAR Hib3ETING OF THE -CITY COJIICIL HELD JA:d. 17.,_ 19139_
Present;_ Mayor and Clerk, _Aldermen,_Cornwell,,_Price, _Sour,_ Suttle and `'fright, dDbsent _
.1d. -Eason -__Idinuts.s-of_Jan.-_2,. 19.13_rver_e__r_ead_and_appro3red._______._—.__-___-__________--,
__-The_reports of the Supt. -of the Water Company for_the__quarters_ending_S?/pt. 301912_,__
A -Dec.-30th, _1912, --respectively and the -Annual--Repor-t.-of _said _Company, _were presented -and-
!ad. and -upon mo.tion_ae:Rax_aut 6r_der_ed to he-audited__and-published.,
nd.the- reports__of the following-c.ity offic.ial.s for--the-month of -December, 19.12_were-_reported_
y_ -the Finance Copnittee_as examined and _found correct_,_towit - Police Judge, fines collected,
41.75;-Delinquent-street_tax collected, _-$62.00; Chief of Police, money_collected_from all
ounces, -$245..90; -Street -Commissioner., street -tax collected,__�84_._Q0_;_ Special_Disbursin¢ Agent,
oney expended- ,116.00_; City Weighmaster,_ fees collected, $17.00 and City Treasurer's report
hick_ is -as _foil ow.s.:---- - --- - --- -- - - ---- --
"Report of City Treasurer for Dec._1912._
912. Gen'1. Fund.
I/30 Bal: on -hand, - - $4265*641 ----- - Disbursements, $ 66b:11.-
2/ 5 Rec. from Stirman, 68.00.
2/31 _ - 1 - ___s --Gregg, 164.75.- - - - --- - -
" It " Allison, 16 _50. 3849.780
---- - - - - 4514.89-•~- - --- 4514.0-8.9..
21/3'1, Bal. on hand, 3849.78. _