HomeMy WebLinkAbout1913-12-26 Minutes�BiV((N _
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_ _ _ , _ _ _ . __ - __ ____- _ADJO.URNED-b'EET.IIIG rIT.Y__y.OIJITC.IL„_HELD DEC,.__26th, _1.913-6_
Present, Mayor and Clerk; Aldermen, Cornwell., Eason, Phillips, Sour and Wright, absen
Alderman Price.
Mrs. M.N.Stibbins appeared before the Council and asked the Council for relief in
regard to her assessment for 1913 for the Water & Sewer Benefits, _which matter was upon motion
referred to a-Oommittee composed of Also Eason, Phillips and Sour to investigate and see if
the Council had the power to lower her present assessment.
-- _. -
Chief of -Police,. pl,A_._G_regg., appeared before the Council_. and_presented_his resignation_ _
as such Chief of Police to take effect at once, stating as his reason that he is a, cand.ida.te
for Sheriff of Washington County_, Arkansas and it would take his time at present to make the
race for Sheriff and felt it his duty to resign his present position, whereupon Aid, Sour
moved that -the Council with regret, accept said resignation which motion was duly- seconded by
_.Al_d.- Eason _and _adopted -;-whereupon the 1Fayor appointed Mr.-A.C.Cruse to succeed Mr. Gregg as —
Chief of Police, to serve during the will and pleasure of the Council, whereupon Aid. Phillips
moved_ that said -appointment be accepted and confirmed by the Council, which motion was duly -
seconded by Aldo Cornwell. and adopted by the following vote, "Ayes", Cornwell., Eason, Phillips.
'Sour and -Wright, "Na.ys",-_none_,--absent-and_not voting,-Ald,_Price-, same_ was carried,_ thereupon.
Mr. Cruse submitted his bond for the faithful performance of his duties as such Chief of Polim
in the. sum of ,1,000.00,_which was read and upon motion of Aid, Sour, seconded by Al.d. Cornwell
_
d bond was _received-,appro_ved and filed nGvay.1`.dlii€YXI�3FNNFiY_�Ii4�SYi4Xif�XLd�eYxWugX)¢iF
-______.ie�{7�{iXf#NJCXa�NANDf&li&XJ�X➢�7C-The reupon_the_.oa.th_o.f_ o.f-fice--ivas_duly-adminis.tered_
µto_Chief, Cruse_ bz his Hon. WeF.Stirman, Police Judge; whereupon_Chief_Cruse appointed Mr.Walt r
Ilenry_a.s his, assistant, which appointment was upon_motion of Aldo Sour, seconded by A1d.Philli s
duly accented and confirmed by the Council by the following vote, "Ayes", Corrwell., Eason,
Phillips_, Sour and Wright, "Nays", none, absent and not voting, Aid. Price. Thereupon the oath
of office was administered to Mr. Henry by his }Ion. %V.F•.Stirman, Police Judge.
seconded by
Upon motion of Aldo Phillips and/Cornwell two accounts against the City were presente
read,,_and-found-to- be correct and ordered paid, tomrit - S.H.Blnckmer,_putti.ng in crossings for
City, $17.00, _S,W,Caudle,_ serving _pap ers in the Paving Imp. Dist. Case, $12.00, the Clerk was
was
upon roll call/ordered to issue warrants to said parties for said amounts the following voting
«!1Aye",_Cnrnwell_,- Bason,--Phillips.,.Wright., "Nays_'.,_no.ne.,_absent_and_not_vo_ting,Prire_,- _--
Mr. Trent was present and submitted the following contract to be made with'the City
__regarding_ the `d_eeding_of_certain ,Rroperty by him to. the City for Park purposes, stating to the
Council that this contract had meet with the a.pprova.l. of the "Business Men's Club and the
:Park _Committee .appointed by_ the_Ci-ty to_make_the_said inve.stigat.ion,-which-contra.,-t-_i-s_ as ----
f ollows-,__ towi-t,:-@
s___follows,._towi-t.:- - -- -- -- -
_C.ontract_ of_A,L..Tre.nt_and- the amity o.f_Faye*teville.,__Arkansas, by Guy Phillips.,. -its-
Mayor
ts -
Mayor hadeunto duly authorized, relative to said Trent deeding certain lands and springs to
---- -
_.said City to be improved by said City as City Parks, towiit:
Said Trent deeds to said City under even date herewiith; for -Park purooses� onl.y,his -
Trenton Heights Spring with one fourth acre of ground, more or less, and his City Park Spring
-- 'with one-half -acre--of -ground or-less-with-the-followin
g g -conditions Precedent,- towi:t: ----
Grantee to expend as much as two thousand dollars in permanent improvements on
-- «Trenton -Heights -Spring -and -ground w-i-thin-one--,year-date-hereo.f_,-and-to-expend-as-much-_as--three
__
thousand dollars in permement improvements on City Park Spring and ground within two years
-- -
.,,from date ,hereof. ----"- — — --- - - - - - - --- -
A strict account of these expenditures to be kept by a Park Commission appointed by
the City Council of Fayetteville, Arkansas, - said Commissioners to be acceptable to the said
_— - - - --
- "Trent, and said expenditures to be aPpeoded by the said TTeht. -
It, is understood that the above expenditure of five thousand dollars is to be made on
1290
the -respective pieces of land described in said deed,__unless it is in _side walks or some permamen
improvement on the remaining.Park Reservation at either spring owned by the said Trent, and to
whichimprovement he would agree to allow all or part of said expenditures as a part of the above
respective expenditures to be made by s.aid City - - - -
It is understood that said City shall have no right, directly or indirectly, to run stand
- confectioneries, etc, on its said-lands--but-that-said-Trent; his heirs or assigns; -who wouldthe remaining part of the Part Reservation at either spring, shall have the exclusive right to
-- -these privileges but -not -on -any -of •said-lands-Con-veyed--to-said City. -----
It is further understood that said Trent, his heirs ar assigns is to have all surplus wat r
---from either spring hereof and—the—same to be conducted __inan economical _and• sanitary_ wap by the
said City to the line 6f its property and there received by the said Trent, his heirs or assigns,
the said City to use inly such an amount of water from either spring as is necessary for drinking
and other necessary purposes.
It is further understood that the Trenton Heights Park is to have a circular street( not
----less-than thirty feet wide-)-locat ed -ab ove-said-Spring-and- running-by--the-Ras t line of -the -Trenton -------
Heights Plat of land in said deed to said City and through the plats of land belonging to A.L.
-Trent and B.F.Campbell, said circular -street -Connecting Boring and Dickson Streets -as shown by--
plat
y_plat thereof. Said Trent and Campbell to deed to said City sufficient s#xaa:t land for said street
and said city to make thereon a-goo_d-and sufficient street within.one year from date hereof, said
- - - - -
street to have sufficient retaining wall on -West -side thereof to firmly hold the cut from the
I pper or East side of said street. Also said B.F.Ca.mpbel.l to deed to said A.L.Trent the small "V"
- - con - -
shaped piece of land( for nsideration of one dollflr) in SW corner of his--said--plat-of-]:a:nd-a:nd— -�-
1.
lying West of said circular street as shown by said plat, also said City to make Quit Claim Deed
-- to said Trent of so called- "SJill-ow-Strer-t"—lying- West -of --said Trent -Is land and- between --said ---- ---
Spring a.nd. Dickson Streets. Said Trent's and Campbell's deed to said ',it,y for said ciircular stree
- - said Campbell's deed to said Trent-to-tlte-small-'!V-"--sha.ped--of land referred to -and. said City! s_-__ _ _--_--
Quit Claim Deed to said Trent to so called " Willow Street", between said Spring and Dickson
_-S-treets-to_be delivered- to_the_said_resgecti_v_e grantees_no_t__later_than_thirty_days from the
_
ac^,eptance by said City of said Trent's deed to said City to said Springs and lands.
_ It is understood that said A.L.Trent is to paace in escrow, in.the First National Bank
of Fayetteville, said deed to said Springs and -lands, together -with a copy of this contrtict—and- ----
if above described improvements shall. be made within time herein specified and the other above
- -_ honditions-fully met by-sai-d-City-and-B-F.Campbell—then-said-Bank-to deliver -to-said-Ci-ty, -or it
Mayor, said deed - otherwise to be held by said Bank subject to the order of said A.L.Trent, his
— --Administrator-or heirs.------- - - - - -- - - - - ----- -
It is understood that upon the failure of said City to meet the above conditions and
---recui.remente,. within the -two -years time specified herein, -_after nintey _days notice_ given in writ_i _-
to the I5ayor of said City by the said Trent or his legal agent, forfeits to the said Trent, or
his heirs,,all permament improvements on said lands as well as the lands described in said deed.
" Time is fff the-asses`se of -this contraot-as-tb-conditions precedent -- - - - - - — -
`9itness our hands and seal this 24th da of De
- A.Lcember, 1913.
-- - -- (Signed- --- .Trent-...-.....-101-1.-.......-Seal-.- ---- ---
..................Seal. "
A copy of the warranty deed from said. Trent to said City was also attached to the above
�cuntract_and same was read; after a lengthly discussion by the Council Ald. Cornwell d3nt:roduced
and.moved its passage, the follo:ving resolution, towit:
"Be it resolved by the City Council of the City of Fayetteville, Arkansas,
- That the Mayor is hereby -authorized and instructed to sign a certain contract between the said City and A.L.Trent and to accept from the said A.L.Trent and his wife, their deed of warrant
of even date,with said contract,-conveying-to-the-Ci-tv of -Fayetteville, Arkansas, property -known- --
as as the " City Park Proposition and the Trenton Iieights Springs," to be used for Park purposes
-- --•by the City -of Fayette-ville-;-Arkansas.-" '- - ----- --
which motion was duly seconded by Aid-. Phillips and adopted by the following vote towit: "Ayes"
-,Carnweli-, Eason, Philli,ps,_Soun and_17right-, °Nay-s",_none-,-abs_a-nt__ and not voting,_Ald._Pfire,_,_same__
--------carried.-- _--
which motion was duly seconded by Aldo Phillips and adopted by the following vote, "Ayes", Earn-
_ wcll.,_T%ason,_ lX%X,__Phillins_,__Sour and Wright, "Nays", none, absent and not voting, Aldo Price.
Whereupon Aldo Cornwell moved that the Mayor appointr.a Committee of three persons to be
known as " Park Commissioners", to serve for one, two and three ,years respectively, which motion
was duly seconded by Aldo Phillips and adopted by the foll-olving vote, "Ayes", Cornwell, Eason,
Phillips, Sour and Wright, "Nays", none, absent and not voting, Aldo Price. Thereupon the Mayor
appointed the following gentlemen as " Park Commissioners" to serve for one, two and three years
wrespectively, towit - Art Lewis, W.A.Cornwell and T.H.Humphreys, which appointment was duly
-
__ _,acce.pted and confirmed_ bythe_Council and Mr. A.L.Trent.
Al.d. Sour imoveduthatan ordinance entitled,"An ordinance fixing the ratit to be charged
for Water heters furnished by the City Yater Plant", which has been read"twice;: he;etofore;>ath�t
.the.,rules be further suspended and said ordinance be read the third time and placed upon.its -
BWKH
29.1.
�- -
pa ass ge,
which _notion was duly seconded by Aid. Cornwell and adopted by the following vote,_____
"Aye_s"Corn:lel.l, Ea.son,_Phillips,_ Sour_and _:7right, "Nays"none, -absent and not voting, Aldo _
Price,_ same receiving_a-majority_of sal_members elected to__the City ^ouncil was there_fo_r_e___—__ _-
______ _ _ M,declar-ed.-to be _passed _and_adopted-and-said_ordinanc.ewas-read-the third -time,_ the--que.stion-now`
i
being shall -the ordinance pass ? The roll was called and the follo:vina_membbrs voted "Aye"
Sour, "Nays", Cornwell, Eason, Phillips -and fright, "Xhsent-and not voting," Aid. Prir,c, same
«fail.ing to rec.e,ive_a_mnjo.r_ity was therefoie--ieclared to be -lost.. -__-______
Aid. Phillips__introduced an ordinance entitled, " An ordinance -creating the office of
_ City__gter Inspector and defining his duties. " which was read the first time, whereupon Aid.
ornwell 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.,-_Philli.ps.,"_Sour and -Wright, "Nay -s.!', none, absent and not voting, _Ald_,Price,and said
;o.rdinance._1v_as_read the second time. whereupon Aid. Eason moved (,ha.t rules be iurthr.x suspended
and said ordinance be read the third time and placed upon its passage, which motion was duly
seconded by Aldo Cornwell and adopted by the following vote, "Ayes", Cornwell., Eason, Philklps
S_our and Wright, "Nays", none, absent and not voting, Aid. Price, same receiving a majority
of the City_ Council was therefore declared to be carred and said ordinance was read the third
-__ time_.and_placed_upon _its passage,_the question now, being shall the, ordinance pass ? The roll -
_ivas-c_ALlled_and_ the following members voted "Aye", Cormvell, Eason, Phillips, Sour and Wright,
Nays_",_ none, _absent and not voting, Aid. Price, same receiving a majority of all membere
;;elected to the Council was therefore declared to be passed and adopted and_a copy of sameis as
" Ordinance No. 326.
»
An. -ordinance creating the office of City Meter Inspector and defining his duties.
--- - --
VO
40C Be it ordained by the Cfty-Council of -the City of Fayetteville; -Ark: -- - --
Sec. 1, That the office of City Meter Inspector is hereby created.
--'Sec.-2-,-That-upon-the-passage-and-approva"l-of this-`ordinnnce--the-Mayor-of-this--City----_
T NN•,gshall by and wit;1 the advice and consent of the City Council appoint a competent person to act
s- City-iieter-lnspec-tor,-who--shall-execute-to-the-Oi-ty of_ Faye.t.tev.ille.,-Ar-k..,-a-bond-in the_s —
T of X500.00 for the faithful performance of his duties and he shall hold his office for a period
of__one_,year.._- _- _
Sec. 3, when any citizen of Fayetteville shall become dissatisfied with the registerin
_ o the meter through which gas, water or electricy is measured to such citizen or patron of
- any gas, water or eledtric plant, -he or she may notify sai-d-City-t?et-er-Inspeetor-and-request- - —
him to make an inspection of such meter.
- It- shall-be-the-duty-of-said-inspector-wi-:hlri-n-f-i-ve-days-af-ter-he steal -l -be -called -upon ----
'by any citizen or patron of any gas, water or electric plant to make an inspection of such
---- �«meter and-if__need-be-to_regulate_same_so-that_i-tTv.i.11-r.egi,ster c.o.rrectly_._ __
If such meter inspector shall find that any electrical meter is registering correctly
'or •is •regi_ster.ing less -than it should_ be he shall charge the citizen or patron calling for su '
V inspection a fee of 50 cents. If such meter inspector shall find that any electric meter is - -
registering more than it should, he shall. charge the person, firm or corporation owning such
— h meter a fee of -50 cents.-'- -- t - -- ' ---`-- --
1 If said meter inspector shall find that any water meter is registering correctly or is
-- «registering less than -it -should-, he-shall-charge-the-cit.i.zen-or-.pa.tr_on_calling-f.or such -__
inspection a fee of 50 cents. If said meter inspector shall find that any water meter is
-- - «registering more-than-it-should,-he_shall charge the person, firm or corporation ovmin_gsuch
water plant a.fee of 50 d
-_If said_meter_inspector shall find that any gas meter is re^istering correctly or
is registering less than it should be he shall charge t15e citisen of p'a£ron calling -for ach- ---
inspection a flee of 50ge If said meter inspector shall find that any gas meter is registering
"more- than is should -he-- shall -charge th"e-pers'on-firm-or-rorporation-o'vning such-meter--a-fee- of - -
50jee
-- - -" The fees�a:bove provided- for-shall-consti-tute-the-recompe.na-t-ion-o-f-the-City-Me-ter-
Inspector, and he shall draw no salary from the City.
- Such meter-inspector--shall-give-a--writ-ten-r-epor-t_o.f. each -inspec_tion.-to-the--ow-son- -call-
Ning for such inspection and to the manager of the plant owning the meter inspected.
_All, fees_f_or insperti�n shall be due and payable immeidately upon the completion of
each inspection. - -
Sec. 4, It shall be the duty of such meter inspector,to make a Quarterly report to the
«city Counr,il of -all inspections made by himand such report--shat].-inciude--the-name-of-each--- -
person calling for an inspection, whether such meter was registering leo-much or too little
and the feet- collected hjr-him.
Sec. 5. The city meter inspector shall not be compebked to make an inspection for any
- ^V,citizen or patron of any gas, -water or-eler._tr-i.c_plan.t_who-shall-have failed_ or_refused'to-.pay -
vv for any previous inspection when such citizen or patron is liable for such fee.
c. 6.. Thi this ordnance shall take effect and be in force from and after its
passage a!%d all ordinances or parts of ordmdances in conflict hereQith are -hereby
repealed. P sed and approved this�26th day of Dec. 1913.
_ ,i
292 -
_ App,rov_ed_:____Guy_ Phil_ipa,Sayor. Attest: _Loy Sishop,Clerk.!'
;,- (Published in the Evening News. Dec. 27th, 1913o)
Whereupon the Mayor appointed Prof. W,N.Gladson, as City Meter Inspector, which
annointmen.t-las_-duly ratified-and_confirmed by the City Council._- _
'I A petition signed by J.E.ldee].,y, et ah, praying the Council to pass an ordinance pro- —
_ vent_i_n_g real estate agents from approaching nearer the depot than cab men and hotel drummers,
.which- petition- was upon_ motion—referred—to—the Ordinance-Committee._for _investiga.tion__and
Upon motion Counciladjourned until next 25onday night.
---_--tAp:proved: - - Atte --
---- r - - --
-Mayor..- - --- City_ lei
d
REGULAR MEETING CITY COUNCIL HELD JANY, 2nd 1914.
I
_-_ Present, _Clerk-,-Alde_rmen Eason, Price, Phillips,. Sour and_ wright,_Absent, Alderman
--__;,Cornv.vell._ Upon-motion_of _Ald._Ph_illipa, seconded by_Aldo Sour ___Alderman Price was elected Presi
_ +P_r_o Tem. The minutes of meeting held were read and approved.
The -resignation of Ewing Webb as a member of the Board of Improvement of School
Street-Imp.-Di.s.t.._#-1,-was-pr-esen.ted.,-read-and-acc.epted=where.upcn-Ald.-Phil.liMe moved that Joe
--- Bell_be_apgointed_a member of said Board to.fill the vacancy caused by the resignation of Mr Web
__--:which_moti.on-was__duly- seconded-by_Aldo Sour andadopted by the-fol3.owing vote, "Ayes", Eason,_
I+Phillips,-_Sour and_Wright. 'IN ays",none, absent and not voting, Aldo Cornwell.
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The reports of Chief of Police, Police Judge, City weighma:ster, Street Commissioner,
�- Special-Disbu.r.-sing. Age nt.,_Ci_ty-Tr-easurer_and Gity_Audit.or for_the_mo.nth o_f Dec_.-191.3__iere read
-_-.�;and--upon-motion _same were referred to the Finance Committee for their investigation and report.
not 1
The following accounts against the city, towit - J.H•Car.lisle, $25.00, Lake Hwd. Co.,
$5,05_, D.C.Ambrose,_ 9.82, W•F.Stirman, $1.90, BeL.Nettleship, $15.30, W.H.Rollins, $2.00, To - -
- Skaggs., -$24,.15.,_ Fay* -P_tg._Cc.--$16..5Q,-Light Co._$186-.0 0 , W.M._Er_v-in,_A10.40,_ were_presented, read
-__-sand upon motion same were referred to the Auditing Committee for their investigation and report.
_ Miss Lina Reed, et al were present and protested against their present Sewer water
-_ As•essments, but the Council. under the law had no poser to act in said matter, as the limit for
._-_protests to be filed had expired.
Sour introduced an ordinance entitled, " An ordinance prohibiting real estate
1!
fagen.ts-.from_solic.i-ting business -on the-d.enot_platfor m," which was read_the first time, whereupon
--� Ald._-Sour--moved-tha.t__the-rulesbe-susp.ended_and said ordinance be read the second time, which —
motion was duly seconded by Aldo Eason and adopted and said ordinance was read the second time,
----- -.-whereupon-Ald,.-Eason moved that-the_rul.e.e be_further__sugpended and said ordinance be read the
._third time _and placed upon its passage, which motion was duly seconded by Aldo. Phillips and adooed
and said ordinance was read the third time, the question now being shall the ordinance pass ?
roll was called and the following members tote "Aye", Sour, "Nays", Eason, Phillips and Wright,