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HomeMy WebLinkAbout1913-09-05 Minutes967 G..ULAR_2IEF.TING=iL CITY COUNCIL -HELD_ i II Present Mayor and Aldermen, Cornwell,-15ason, Price, vhillips, Sour and.Wright, IAbsent.,_Clerk_ -Upon motion the Mayorappointed Ald. Sour Clerk_pro tem.-_ _ __- _ _ __The_ minutes of Aug.._15 and 16th, 1913 were read and approved. The acceptance of m t7e Fayetteville _Gas_&_Elsetric._Co.-of_-the _Franchise was-pre_sented.^to the Council,_whereupon_Ald. Ald..-Price_moved_that__same_.b.e_spr__ead_upon_the_minutes.,_which motion_was-duly_seconde-d by_Aid, Sour and _adopted and -_a copy of_said acceptance is as follows,_ towit:- i t--- - r+ it . _ - -- - -- --- - — - -- ---- -- - - - To the Honorable 2eyor and City C�uncil of the City -of Fayetteville., Arkansas. — - - - -- - a The Fayetteville Gas & Electric Company, by George D.Locke, its President and W.B. ---- - Felker, its Secretary, duly authorised so to do,—hereby accepts -Ordinance entitled - I 4- - - An-ordinane e-granting-certain-ri-ghta;�privilegea-and-franchises-to-the Fayetteville Gas and Electric Company for lighting shd streets, alleys', parks and other public places in -- the City -of -Fayetteville, -Arkansas., -by -els rici-ty-or-other-wise.,-and--furni-Shing-o.f--light and power to private consumers and operation.4nd construction of electric plant and works. " . II Which was passed by t -e %,ty Council of Fayetteville, Arkansas, August 16, 1913, d approved by the Ynyor. of said C1 Q 3,65, 1.913, and said Fayettdville gas & Electric Comp r for -itself-, its successors and- s "i s r -.by covenants and agrees that,--Vt, it"s--successors an f, se.signs will and shall :ft i nAh free electric current to the City Hospital of the -- --- City -of -Faye tteville-,---Ark.:{sa ,- nco liance-wi-th-the-f-oll-ow.ing--proposit-i-on-made-by it to the City Council August 16,x.131 nd y said Council accepted on said date. Fayetteville, Arkansas, Aug. 16th, 1913. To the City Council of the City of Fayetteville, Ark. In the event that the City Council shall pass ordinance nnw pending, granting to t e - --- Fayetteville -Gas- & Ele'ctrtc Company- a twenty -five -year -f ran chi se --as -se.t--forth iri sid--ordinanc , and in the event said ordinance is accepted and becomes effective, the company hgreby agrees t -- - - as -one-of-the--consider-atione-f-or-said--f-ranchise- to furnish -free-of -charge to -the City Hospital- of'the City of Fayetteville, so long as it is owned and operated by the City, electric current eyfficient to supply the needs of said Hospital., except for_heating-and3 cooking -purposes with electric stoves, during the lige of said franchise, and agrees if said franchise is accepted I nd becomes effective, to embody in its acceptance of said franchise a covenant to furnish sa.i e - r�- -- - - ,fee -c-urrent as -afore -said, which shall be binding-- >ipOn its successors and d assigns. FAYF.TTEVILLE GAS & ELECTRIC C0R"1'ANY -- - - --- - -- -- -- -- ---- By Geo.-P--Locke;--President- " ---- - ---- - --Thi s-aaaeptanae- and--the--covenants-and--agreements--herein-contained-are made- in pur- suanee of and by authority of resolutions this day passed and adopted by the Board of Director ------- _ _ of the Fayetteville_Gas &-T;lectric Company_,__a. certified copy of_which_ is hereto_attf,ched._ II Witness our hands and the seal. of said !'ompany this August 22, 1913. - T -- - "- - - --- _ ---- -- - FAYETTEVILLE-GAS-&-'rLRCTrIC-C01:7PANY Attest: W.B.Felker, By Geo• D. Locke, Its President. -t-------- -- �-- -- -Its-Secretary- — ,� I •. l 14 ; r &' b1 269. _-- The_attention_of-the-suit brought by J.H.Mcilroy_,-_et_al,, against the City was callel_ ---- - to the Council' -s _not ice;_-whereupon_Ald..-Price_moved that the City employ Hon. H.L.Pearson as _ assistant counsel to -defend -the City's rights in said suit, which__motion was duly seconded by -,Aldo Sour and adopted by__the following vote, "Ayes", Eason, Cornwell, Price, Phillips, Sour ad Wright, --"Nays",-none,,-ab.sen.t_and_not voting, -none. Same was carried and Mr. Pearson was emp_1o5 -,--- - - ed to -assist- the_City-Attorney in_ defending.said injunction suite _ - A question mine before the Counsel concerning the building of a roam in the rear of the Cravens Building on East Center Street out of galvanized iron and upon motion of Aldo Price,- seconded by Aid. Eason, _Mr: ji•lhiam,%e the Contractor, was given premission to build _said building,_the_-_f_ollowing_ members voting "Aye", Cornwell, Eason, Price, Phillips, Sour and _ ,.Wright, "Nays"-,- none,_ab-sent and not voting, none. The reports of the Special Disbursing Agent, Street Commissioner, Chief of Police .City_-.Weighmaster_t- City Treasurer, Police Judge and City Auditor for the month of August,1913 - I - --- - -- - »were. read and upon- mot.ion_of Ald. Sour, -seconded by Ald. Phillips, same were referred to the ,Finance Committee for their investigation and report. The accounts of E.L.ldettleship, $12.15, Ozark Livery Barn,$1.50, Fay. Dailpy, $2.52 1,W.F.Stirman, $4.90,_Thos._Shore, -$2.3.27, Evening News, $6.24, m.E.Walla.ce, $15.00, E.L.Willi $6.50, Fay. Gas _--&_Elec. -Co. $185.50, Review Ptg. Co. $14.75, W.T.Farrar & Co. $3.55, F.M. Brooks,- $3.40.e Fay, __Ptg._Co._S3.00,__Pay. Bailey, $2.59, Sam Walker, $3.00, J.J.Knock, $21.50 were presented, read and upon motion referred to the Auditing, Committee for their era.mtnation and report. The account of ?J.T.Farrar & Co. for $389.72 for supplies purchased for the Street Commissioner,_ was presented, read and the proposition of 6% discount if same wa-s paid A once made,- whereupon Ald._Ph.illips moved that said account be allowed and Clerk instructed to draw warrant for same tonight, which motion was duly seconded by Aldo Price and adopted by the following. vote,__"Ayes", Eason, Cornwell, Price, Phillips, Sour and wright, "Nays", none, ;-absen.t-and not_voting,_none.,_same was carried and Clerk instructed to draw said warrant. The attention of the Counsil was called to the fact that M.Baum and the Espisconal 'T--.----a.-Rectory had paid__no_attention to the notices of putting down the side walks served upon them ------ 4 -heretofore., whereupon_Ald..-P_r.ice-mo_v_ed that the City Attorney proceed to advertise forbids --------- and -have said--walks—put—down—and- charge the same as a lien against the property, which motio i was drily seconded by Aldo Phillips and adopted by the following vote, "Ayes", Cornwell,,Ease Price,,Phillips, Sour and Wright, "Nays", none, absent and not voting, none, same was Carrie The -matter was also _came to the Council concerning the agreement of Baum, et al, inputtingdown the side walk of H.Sour, as per contract with the City heretofore entered I� ._into, and if they -would not carry out their agreement and contract, the City Attorney was instructed upon motion_of Ald.._Price, --_seconded by Aldo Phillipa, to take any and all necesso legal steps that same required in order for said parties to fulfill their contract. The Supt._of__the_Tater Plant was upon motion of Aldo Cornwell, seconded by Aldo �-Price, given -permission to sell the 2 inch pipe taken upfirom School Street, if he saw fit. The -Mayor.__ appointed a Committee composed of Aldo Cornwell and Phillips to see the Light Company in -regard -to 12 feet of ground Last of the Grave Yard to be used for -Street purposes. Aldo Eason introduced an ordinance entitled, " An ordinance granting the'City :late — Plant the right to-install_-Rater_metera at any place where City. �aters used," which was .i 1270 -read the first time, whereupon Aid. Cornwell moved that the rules be suspended and said ordinance be read the second time, which motion was duly seconded by Aid. Phillips and adopted by the following vote, "Ayes", Cornwell,. Eason, Price, Phillips, Sour and Wright,. "Nays", none, absent .-and-not voting none, and-_said-ordinance_was_read the -second time,__whereupon_Ald.—Phillips_moved �that _the-rules_be.further suspended-and_sai.d_ordinance-b-e_read_the_third_time_and-placed-upon -- omits passage, which motion was duly seconded by Aid_ Wright, and adopted by t1he following vote, , _ "A,yes",.' Cornwell.,. Eason,. Pr.ice.,-Phill.i.ps,_Sour_-and Tr.ight., °Nays"-,_ none,, --ab sent and mot- -voting,_ _ none., ssmsxaeeeixtxgxaxmajaxitgxa�xxikxmsm�saaxsicx�tg3xk�c#Zxsx�ttwe�t��cnaAX�bzsaa�sltex&ax3caxaatx�a - bygtx4txt�t4t7as44txa�9�caxst4tRXxs�xxstCxcxssmaxaaasixiagxaxffisexi#apca8xa and said ordinance_- ,was read --the third-time.,_the_-question.-now being-shall_the-o.rdinance_nass_?_The roll was called--. i _ and the. following members_ voted,,_"Ay_e",-Cornwell-, Eason.,_Pri-ce, Phillips,_ Sour and Wright "Nays" rnone, absent and_not voting, none, same receiving a majority of all members elected to the Counc 1 was therefore declared to be passed and adopted and a copy.of said ordinance is as follows: " Ordinance No. 318. An ordinance grant -i" the City Water Plant the right, power and authority to install water meters at any pl cewhe�Jcfitp water 1e-used,—or to cut-off--the--water at -any -patron who - - --- refuses to allow th/Git ater plant,to install a meter at his, heir or their .residence, .factory or busin h se- or-any-other-pl:a.ce-where-city-waster-is--used.-- - -- -- - — -- ----- B or ned by the Council of the City of Fayetteville, Arkansas: -- Sec.l. - That .the Commissioners -of -the -City `.Vater -Plant is hereby- _ given and -authority.- r to install water meters on the service pipes of any patron or patrons of said city water plant, and the said Commissioners- of the City _Vater Plant_ is also. given_ Authority_ to place said. meters VKA�+CCJ' in the street, sidewalk or within the premises of the patron at the discretion of the Commissioner® �- Sec. 2. That the City Water Plan is hereby given authority and power to refuse to sell water 'rn LG�fQ " to -any patron who refuses Ain -have a--meter--installed, -and upon such refusal to- at -once di-scontinue- = the water service. - Sec. 3. That nothing-herein-con-ta-i-ned-shal]-be-so-construed-as-to-require any--patron-to-instal I-1 a water meter at his or her own expense. V VVV 5c.2. 4. Th t this -ordinance-shall-be'_in-force_'and_effec-t__from and _after its passage and ation a d all o pees or parts of ordinances in conflict herewith be and the same are hereby repealed -- ---- — - : --- - - -- - — I assed and a. roved thiq Sept. 5th, 1913. -`-Guy Philips, "?mayor. - - - - --- ---Attest-:---H�Sour, acting -Clerk. " -- Aid. P.rice,introdured_an ordinance,entitled," An ordinance to -provide for the compen- -_ sation_ of certain members _of_the-Fay-ettev_ille Board of health,_ _"_ which was read the first time, — whereupon Aid. Eason moved that the rules be suspended and said ordinance be read the second time, which --motion -was -duly seconded by Ald. ,right_and ado pted_by the following vote "Ayes", IAld. Eason,_ Cornwell,_ Price, -Phillips, Sour and Wright, "Nays", none, absent and not voting,none and said ordinance was read the second time, whereupon Aid. Phillips moved that the rules be further suspended and`said ordinance be read the third time and placed upon its passage, which motion -was _duly seconded_ by Aid. Cornwell and adopted by t11e following vote., "Ayes",_ Cornwell, Eason, .Price,. Phillips., _ Sour -and Tright., "Nays!'.,-none.,_ab-sent__and not _voting none, and -said t E !_ordinance was read -the -third the question now being_sahlsi shall the ordinance pass ? The roll was called and the following members voting "Aye", Cornwell, Eason, Price, Phillips, Sour and 7;:right.,_ "Nays",._ none, --absent and_not- voting,_no-ne - same. -receiving a majority -_of all member :: elected to -the -Council ivas_therefore_declared-to- be passed and ado_pjed_and a_copy _of same is _as _ follows-: - ----- -- - ----- " Ordi jan%eNo. 319.-- --- Anordinanc to -provide for "the ensatiori of -certain 'members-of-th= rayettevi-lie— - Board of Health. - -Be it ordaine\heCouno-ii of -the G y of -Fayetteville, Arkansas: - - - - --------- - Sec. ].. That each meme Fayetteville Boa of Health who is a regular licensed and practicing xttaaxeg phyall-receive the sum o. sixty dollars ($6Q.no)_per year forhisservices as a. member ofrd of Health. Sec. 2. That the saidf sixty dollars per annum all be payable monthly. See-, 3. That this ord11 be in force and effect om and after its passage-a.ndpub]_iation and a.11 ordinsnees thereof in conflict hernwith be and the same are hereby reper, Approved: Sept. 5th, 19 Guy Philips, Mayor,- Attest: H.Sour, Acting Cleric. - ed i>: f BWKH Said _ordinances- were published in the Evening 2?ewa,Sept. 6th, 1913}_ The Mayor•called_the Councill_s_attention to the fact that they should pay Hon, H.L. Pearson for his services in the Fayetteville- Gas F, Electric Co. case, whereupon Al -d. Price moved that -the City -Clerk be instructed to draw a warrant for fifty dollars payable to said -__ Pearson for his _se_rvicesin-s_a_d case, which motion was duly seconded by -Aid. Phillips and 1--_ .Adopted by the following- vote__-_ "A,ves", Cornwell,_ Eason, Price, Phillips, Sour a.nd Wright, ---- -- _ «"Nays"-,- none, -.absent -and -not voting,, -none= same was thereforedecla,red to be adopted and-th_e_ Clerk :vas .instructed --to. draw_'said_warran.t...___- Upon motiom.Council adjourned. - -- - Approved: /I ��------ Mayor . Atte Clerk. Aid._ Corn. ell from the Finance Committee reported_ the fo_ll_o_�ing__reports _of the__ va•riouF._C.ity Cffic-ia_ls- for the._month of Aug._1913 examined and found c_orrect., toTM�it_:- E,L._-___- C/illiams,_ Street Tax collected -,55.00; City ^7eighi aster, collected,�^�1_6_.00; Police Ju-dge____ Fines collected $37.70, Dog tax, W1.00, delinquent street tax, %9_.00;_ SpecialDisbursing Agent - T _ 760_.87.,, Chief_ of_-Poli_ce_, money. oollected from a.11 source 264.75,_F_,i"..Brook_s,st-re=t_tax — pollected;_$21.00_,_City- Treasurer's and City Auditor's reports which are as.follows: "Report of. City Treas. for month of Aug._19130. 1913.. General Fund. 'Li ig.30, Bale- -on harid;- All -- - W. Stirmosi, - - 16.00. - - --- - - - - -- - - - �8ept.2;. 4v.F.Stirman,it 37a70* 37.70. 5.A.Gregg, - - -----'--227-.--75..----- ---Bal..-----=3331.-77.- - - --- 4273.15._ 4273.15. - .." 2 Bal.--- - - -_-~'3'33.1.77 ---- - i July 31, Bal., 2451.76. Pd. Out, 938.080 REGULAR_YPET_ING CITY COUNCIL IMI.D SEPT. 19th, 1913. 8, --F.I0.Brooks,-- J T.L.Williams, 27.00, ----------- ---- -- Presents, Ya.y_or and Clerk, Aldermen, Cornwell, Eason, Price, Philips and Sour, 4 - 9Q _M T3..7 IRon RR Absent, Alderman Slright.2. of meeting held Sept. Cith,-1913_eere read and approved. -inutes — iCity Health Cffice Towler was present and recommended to the Council that they _ - i furnish -the (jity Jieelth Office with a laboratory;. whereupon Aid. Sour moved that this matter be-referred-the_Finance_Committee for investigation and report and they found favorable -if to reemmmend.dame by resolution, wb ich motion was duly seconded by Aid. Price and adopted by the following vote, "Ayes", Cornwell, Eason, Price, Phillips and Sour, "Nays", none, n1sent and_not-voting,_Aid. Wright. Aid._ Corn. ell from the Finance Committee reported_ the fo_ll_o_�ing__reports _of the__ va•riouF._C.ity Cffic-ia_ls- for the._month of Aug._1913 examined and found c_orrect., toTM�it_:- E,L._-___- C/illiams,_ Street Tax collected -,55.00; City ^7eighi aster, collected,�^�1_6_.00; Police Ju-dge____ Fines collected $37.70, Dog tax, W1.00, delinquent street tax, %9_.00;_ SpecialDisbursing Agent - T _ 760_.87.,, Chief_ of_-Poli_ce_, money. oollected from a.11 source 264.75,_F_,i"..Brook_s,st-re=t_tax — pollected;_$21.00_,_City- Treasurer's and City Auditor's reports which are as.follows: "Report of. City Treas. for month of Aug._19130. 1913.. General Fund. 'Li ig.30, Bale- -on harid;- All -- - W. Stirmosi, - - 16.00. - - --- - - - - -- - - - �8ept.2;. 4v.F.Stirman,it 37a70* 37.70. 5.A.Gregg, - - -----'--227-.--75..----- ---Bal..-----=3331.-77.- - - --- 4273.15._ 4273.15. - .." 2 Bal.--- - - -_-~'3'33.1.77 ---- - 2528.76. 2528.76. Fire Fund, Sept. 2, Bal. --- -1688.19. Pd. Out, 209.90. Bal. 1478.29. - 1688.19. 1688.19. - July 31, Bal., 2451.76. Pd. Out, 938.080 -- - ^Aug.- 8, --F.I0.Brooks,-- 26, T.L.Williams, 27.00, 'rlon+.9 w_F_q+irmnn - 9Q _M T3..7 IRon RR 2528.76. 2528.76. Fire Fund, Sept. 2, Bal. --- -1688.19. Pd. Out, 209.90. Bal. 1478.29. - 1688.19. 1688.19.