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Home My WebLink About1917-06-18 MinutesU911 Ayes Ald Ambrose, Cornwell, Hard ing.1fassie,Stephens,Nayes none.Absent and not voting Ald 1F# Phillips,]€ayor d#### declared the motion adopted,., question is shall the Ordinance be passed as read,vote-wae-teken with --the following result, _ Ayes Ald Ambrose,Cornwell,Hardinggassie,Stephens,Nayee none,Absent and not voting,Ald Philli s. Mayor -d###; declared the ordinance duly passed, and a -copy is as follows. - ORDINACE NUMBER 370. AN ORDINANCE TO AMEND SECTION -ONE -OF-ORDINANCE NUMBER 288,WHICH WAS PASSED AND APPROVED ON MARCH 30th ,I9II,SAID ORDINACry BEING KNOWN AS AN ORDINANCE PROVIDING FOR THE VIEIGHING OF ICQ SOLD OR DELIVERED WITHIN THE COPORATE LIMITS OF THE _ CITY OF FAYETTEVILLE,ARY.ANS_AS. BE IT ORDAINED BY THE CITY COU2�CIh OF THE CITY OF,F'AYETTEVILLE,ARKANSAS: Section One,Tha.t.Section One of Ordinance number 288,whioh was passed and approved on March 30th 1911., said Ordinance berms known as an Ordinance providing for the weighing of ice sold or delivered within the coporate limits of the City of Fsyetteville,Arka.nea.s,be amended to read as follow Section One. it shall hereafter be unlawful for any person,firm or cogorP.tion to sell or deliver ice within the coporate limits of the City of Fayettevila,without first weighing each piece of ice so sold or delivered,on scales to be designated by the City J Council for such pu�r�pQQI,es. Section Two. mks 11 ordinanees or parts t######7/ of ordinances in" conflict herewith ` are hereby re*ealed,a.nd this ordinance shall take effect and be in force from and after its passage,a.pproval,and publication. Passed and approved this 15th day of June I9I7. t Ap7)roved:- , - - - < - -- 1- t Attest: Allan.M.Wilson, D.E.Bridenthal, Mayor. - - - Clerk. Published in,Fayetteville,Demcrat June I6th I9I7. } .On motion Council moved to adjourne to meet subject to ea:ll,motion caried. Approved: Attest. - c Mayor. Clerk. - - - - - CA.?,ED MEETING CITY COUNCIL HELD JUNEIBth I9I7. Present Mayor,Clerk,Ald Ambrose, Cornwell ,Harding ,MaBsie,Phillips,Stephens.' _ This meeting was called for the puppose of taking up unfinshed bui'sness. Ald Ambrose moved•that ,the Clerk draw a warrant for the sum of $28.00 to pay for Four Traffic Posts.which was duly -Sec by Ald Rarding.resulted in the foliowing.vote Ayes Ald Ambrose,Cornwell•,Harding,Massle,Phillips,Stephenn,Fayes none,Absent and not voting none. Ald Ambrose moved that the Clerk draw -a war. -ant for the sum -of $4.00 to -:pay Office Expense for the Mayors Office,which was duly Sec by Ald Maasie.resulted in the following vote Ayes Ald Ambrose,Cornwell,Harding.Massie,Phillips.Stephens.Nayes none.Absent and --not voting none. Mayor declared ###oboth motions adopted. A1dAmbrose introduced the -following resolution and -moved it's adoption.Towit: _ -•#. Be it resolved by the City'Council of the City of Fayetteville.Arkansae,that the Board of Water Improvement District Number One,of the City of Fayetteville,Arkaneas.be ,and they are hereby,respectguliy requested to submit -to the City Council on or before the 6th day of Juhy I9I ; a report,showing: First. A -complete statement -of all receipts and -disbursements of -Water Improvement Die tric - Number One,from the time of its organization until the date of said report. Second.The total amount of indebtedness paid off.and the total amount•,of indebtedness remaining unpaid. t Third. What per cent of the orginal assessed valuation of .said Improvement District will ,have to be paid this year,in order to fully and'completely pay off all indebtedneso.and to retire all of the Bonds of said Water Improvement District Number One. ' ' Fourt. What is the exact amount of indebtedness of said Water Improvement District Number One,outside of the orginal Bonded Indebtedness. Fifth. How much interest -if any,has said Water Improvement -District Number One drawn on account of the deposit of'moneys'belonging to said District. " Sixth.What is the exact -amount of -the -Monthly Net revenue -and Earnings of_said Water Plant - - Seventh. How much Revenue.derived from the operation od said Water Plant has been paid to the St.Louie-Union Trust Company to retire the Bonded Indebtedness. L - I- - Eigth. How much balance at this time remains on hand to pay on.the Bonded Indebtedness, either in the hands of the City-Trea.surer,or-ln-the-hande of the St.Louis,Union Trust Company__ ,to be applied on the next and final payment. Ninth. Will the amount paid this year together with the amount olready paid 'since the" orgianization-of the District.exceed-twenty per-cent-of-the-orginal assessed valuation of the � 4 property in said district. Resolved further-thatmhe City Clerk be,and he -is -hereby, directed to mail to the Chair -- man and Secretary of said Board bf Improvement a copy of this Resolution. Resolved* furtter that .se.id--Board .of - Improvement -is. hereby_ respectfully requested __ I + to mail the above mentioned report to the City Clerk on or before the 6th day bf July I9I7. Ald Phillips_See the -Motion -to -adopt this resolution,Vote was taken -with the following result.Ayes Ald Ambrose,Cbrnwell,He.rding.Massie.Phillips,Stephens,Nay-es none,Abeent and not voting none.Mayor declared the motion adopted. - Ur C.O.Hansard appeared before the Coyncil-and submitted a list -of FireeRydrants - being in bad condition.he recomending that said Fire Hydrants be placed in g###' good condition whereupon Mayor -ref ferred the-mhtter to the Water Committee for action on -same. Ald Massie intoduced an ordinance to prohibit the shipment of whiskey into the City of Fayetteville,which was read the'first time,whereupon Ald Phillips'moved..that the'rules be _ �.- suspended and the ordinance be placed on its second reading,which was duly Sec by Ald Massie# Resulted in the following -vote Ayes-Ald AmbroseQornwell,Ha.rding.Massle,Phillips,Stephens,I _. 'Naves none.Absent and not Voting none',Mayor de####declared the'motion adopted. Ald Massie moved that the-rulea'be further suspended and'the ordinance be placed on its third and final reading,which was duly Sec by Ald Cornwell,resulted in the follwing•Vote, Ayes Ald Ambrose,Cornwell,MNarding,Massie,Phillips,Stepgens,Nayes none,Absent and not voting none.Mayor d####edeclared the motion adopted. - " -- - question is now'shall the Ordinance be passed as read,Vote was taken with the following result,li### Ayes Ald Ambrose,Cornwell;Harding.Massie,Phi-11ips.Stephene,N ayes none,Absent and not voting none.Mayor declared the ordinance duly passed.a copy is as follows.Towit: BY U 460 .1 4_` ORDINANCE NUMBER 3710 An Ordinance to Prohibit the Shipment of Intoxicating Liquors into the City of Fayettevil and to prevent shipment of the same from One Point or Locality in the State of Arkansas to Any Other Point or Locality Within the City Limits of the City of Fayetteville; Prohib iting the Storage or_Poesessidn of said Liquors;-Forbidding.the.,Solicitation or Taking of Orders for Said Liquors;Prohibiting the Storage of- Liquors in Lockers,or otker Places in Any Social Club or Fraternal Organization for use Therein,or Carrying Liquor Thereto or Keeping the Same Therein;prohibiting the Keeping or Maintaining of Unlawful Drinking places ,Which Drinking places Are Made Nuisances,and for other Purposes, BE IT ORDAINED BY THE CITY COUNCIL -OF THE CITY OF FAYETTEVILE,ARSANSAS": -- Section I. That. it j�# shall be unlawful for any rallroad.company,express company or other common-carrier,or any officer,agent or employee of any of them,or any other person to ship or transport into,or deliver in the City of Fayetteville,Arkansas,in any manner or pp byany means whatsoever,any alcoIDolic liquora,vinoue,malt,spirituous or fermented liquors or any compaund or preparation thereof commonly called tonic,bitters or medicated liquors from any other State, Territory or district of`the United State"s,,or from -any fordign (kof country,to any person,fdrm or c##### corporation within the City of Fayetteville, when L the said liquors or any,of them are intended by any person interested therein to be r received,possessed or sold,or in any manner used except ae''hereinefter provided. �Section 2. That it shall be unlawful for any person,firm or corporation to accept fromcorporations.companies or any persons -mentioned in Section I. of this Ordinance,any delivery of the liquors mentioned in Section I. of this ordinance or any of thezpwhen transported into or delivered in this City in any man. rner or by any means -whatsoever. Section q Section 3. That. it shall be.unlawful for any bank incoporated under the laws of this State,national bank or private banker or any individual,firm or association,to present, collect or in any way handle any drafts,bill of exchange,or order to pay money,to which draft,bill of exchange or order to pay money is attached a bill of lading or order,or b a receipt for any spirituous,malted,fermented or other intoxicating liquors of .any kind, or which draft ,or other instruments named is enclosed with,connected with or in any way related to,directly or indirectly,any bill of lading,order-or-receipt for the -said -liquors An,this section mentioned,or any,of them. Section 4. It is hereby made unlawful to deliver any of said liquors to or for the account of any firm ,partnership,cerporation or association of peraons;or for any person for or on account of any firm,partnership,corporation or association of persone,to• receive or possess any of said liquors in the City of Fayetteville. Section 5. That it shall be unlawful for any person,firm or corporation to store, keep,possess,or have in possession or permit another to store,keep,possese,or have in possession,a.ny of the liquors and beverages mentioned,in Section.I,of this Ordinance,in r at any fruit stand,restaurant,etore,drug store (except alcoho3.in a.drug store as / 4permitted by.law,or wine for sacramental purposes as may be permitted by law ),or in any club or club room{° of any social or fr## ##f' fraternal organization or any- other �Y organization or asaocoiation of persons , or in any livery stable,public garage,public n� park,hotel,rooming house,dining room wagon yard,or-in any public;building,or_ in a####P! p� or.at any room or place where a bowling alley is maintained or operated for gain; but this shall not prevent any officer from storing or having such liquors -in a public r' building for safe keeping when seized in the enforcement of the law:or when stored or possessed for use as evidence or otherwise in his offical capacity. And it shall also be unlawful for any person,firm-or corporation engaged in buisness of selling or dealing in soft drinks pr non prohibited beverages,to keep,possess or �• store on the premises any of the,liquore-mentioned in-Section-I,of this Ordinance -,or any other liquore,beverages or drinks or bitters prohibited by law. Section 6. That no property rights of any kind shall exist in the liquors mentioned in Section I,of this Ordinace,or in any other liquors,liquide,bitters:or drinks progibited J � by the laws of the soffi ##f# State of Arkansas to be manufactured,sold,bartered or other wise disposed of in said State or in any versels,fixtures,furniture,i.mplements or vehickle �Y when the said liquors or other property mentioned are kept stored or used for the purpose A`?'J of violating the lav,nor in any such liquor,bitters,and drinks when received,possessed, kept or stored at any forbidden place; and in all cases the liquore,bittere end drinks aforesaid,and said property herein named are forfeited to the City of Fayetteville and may be seized,or searched for and seized under the laws of the State of Arkansas and ordered to be destroyed in a0W##Yfor the manner and under the rules prescribed by law C� expecting cdntraband liquors or by order of court after convietion,when such liquors or °q 4 property as described j#pW00#00## hereinbefore have been seized for use as evidence. 1 Section 7. That it shall be unlawful for any pereon,firm ;co## corporation or association to receive for storage,distribution,or on consignment,for another,the liquors mentioned in Section I,of this Ordinance,or any of them or any other-liquors,bitters, �1 \ or drinks prohibited by law to be sold,bartetded or otherwise disposed of. Jwhether �ction�8. That it hall be unlawful for any person,firm,corporation or associatio c on ea.rrier\or/not,,to.-aocept from another for shipment or transportation or el.ieery,or, o ehip,tran®port,or deliver for another any of the liquors,bitters and - drinks referr toi Section I of this Ordinance,or any of them,when received at any L� point, place or locality in the City of Fayetteville,to be shipped or transported to or delivered to ano er per�on,f`irm,coiporation or association,or s't any Pooff# other point J place.,or locality within said City of Fayetteville,or to convey or transport over or alonganystreet or highway any of said liquors,bitters or drinks for another. saw# ` Section 90 That it shall be unlawful for any persom,firm or corporation to taus® .� ! or induce any railroad company,expreas company or other carrier,or any agent or employee v 4 1N thereof,or any other person to carry,transport or ship to any point within the City of Fa etteville,for himself or other person,any paekage,trunk:or valise containing any of �b the liquors,b##00#0#0#0#fi0g## #V il# mentioned in Section I of this Ordinance,or any other liquors,bitters,or drinks prohibited by law to be sdld,bartered-or otherwise disposed of,by failing to notify the carrter,its agents or servant,or other person who dd �5 carries the same, of the true nature and character of the shipment,or without marking on the outside of the package containing the liquora,where it can plainly be seen and read, words indicating the contents of the package,the character and quantity of the liquor. This provision shall not modify any other provision of this Ordinance,but shall be 00%% ods supplemental to the other sections. Section I0. That no liquors of the kind mentioned in Section IO of this Ordinance t' nor any other intoxicatidg liquors,r-or any, liquore,bittere or drinks prohibited by law to be sold,bartered or otherwise disposed of,shall be kept in any social club,or fraterna organization,for use therein. Section I10 That it shall be unlawful for any person,firm,corporation or asociati directly or indirectly,to kdep or maintain,or in any manner to aid or abet in keeping or maintaining any of the following places which are hereby declared to be unlawful drinking places: Q(I) Any place or resort where any of the liquors,bittere,and drinks mentioned in this OrdinancI are kept to be drunk upon or about the premises by persons resorting 14 466 R th for that purpose; or (2) b any club or other place where are received, or kept for , ��oc t the purlsose of- -barter -or-saie,or-use,or- gift -as -a beverage -or- for- distribution or- divia-ion-- --- —' among,or_furnished## to,or used by, mdmbers of any club or association of persons by any w means-whatever,the-said-l-iquors,b itters-and -drinks; (3) any -club room or room ofanyassocia i ---- ion of persons in which said liquore,bittere.and drinks,or any of them ,are kept. or stored _I for.-the-purpose-o6_being drunk or consumed -by --the membres_.of_any-such_club or other associat- ion or persons,or their.guesto,or others on the premisee,or,at or near the place where the same,or a_ny_of_them_are_kept,or stored_;_ (4) any place adjacent to or near the premises of \,. any..club ,corporation or association,or other combination of peisona to which members of g ztheir guests or others,by permission of the members,resort for the purpose of drinking the T said -liquors--bit'tero -and---drinks- or any -of them;that-are kept—in-or-near-such-places: �Z Any of the places herein disignated;if kept or maintained,shall be and constitute an unle LN �,,��,, ful drinking-blace,and-the act of keeping -or maintaining any room -or -place -shall --be deemed-:a- �j `�' seperate offense for each day that it continues..- Any place or rom kept or maintained in violation of the provisions.of this Section shall be deemed to be,a common nuisance. Section I2. That in all prosecutions under this Ordinance for the unlawful shipmemnt of liquors mentioned in Section L of this Ordinance.or of any other.liquors,bitters or drinks, }� prohibited by law to be sold,bartered or otherwise disposed of, the offense shall be held to �x have been committed whether -said liquors.bitters and drinks,are shipped --or transported into - \ the City of Fayetteville from outside of the State of.Arkansas,or be shipped or transported r from -some-#####- point -within- the -State -of Arkansas—,—to-any-point within -said City of - - -- Fayettevilee. p�y- -.Section. I3.-That.-in--an_Af.f_idav-i.t.t_f.or_a Warrant -of _Arrest for any v-iolations of this Ordinance it shallnot be necessary to negative the exceptions herein contained .or that the p liquore,bitt_ers and drinks were ordered,shipped,transported,or delivered for any of the p##J#0#i �- purposes set out in the succeeding section hereof -but such exceptions may be relied upon as a def.ense,and the burden of establishing the same shall be upon the person claiming the benifit therof. - --- - -- - -- — - - - - - — - --- - - -- — 4`On Section U. That nothing in this Ordinance shallmake it unlawful (I) For any priest or ofw*PoADtminister-of-any rel igious- denom-inat-ion-or-sect-to-order -and -have--sh-ipped-- and- del ivered,wine— `� � for sacramental purposes; nor for any common.carrier,corporation or person -to ship,transport, carry or .deliver -wine- for-said__purposea- -to any priest or-.min.is-ter of -any religious denomination or sect. (2), For any_pereon.firm or institution to have _shipped and _have _d######ddelivere_d _ iCs alcohol for strictly medicinal or mechanical purposes;but records shall be kept by the carrier "' «1 -or delivering party of all such wines for sacramental purposes.and all.such alcohol,and "statement thereof shall,be filed with the City Clerk,within-ten days after such delivery. -- — F Section Ib. That an person,firm or y p , corporation violating any of the the provisions of this Ordinance,except-as otherwise -expressly provided herein.shall upon convict -ion -be fined -1.- not'less than one hundred dollare,and not more than one thousand dollars.for each offense, 'U r and may be-_imprisoned-not..less than_thir.ty_daye.nor-more-_than ninety days. Sect�io_n I6. That all Ordinaiices-and parte of Ord inancestheretofore passed are hereby rope sled and_ modifed,only when the same are. in conflict wlthq the provis.iona of this Ordinance _ And this OrdinanceNehall take effect and be in force-from,and after ite.passage,approval and publication. ~ Approved: ' - - - - - Attest: Allan M. Wilson., D.B.Bridenthal, - - --####### -Mayor. - - - - - - -- -- .. --- - - -Clerk. - --- — -. - Passed and approved this I8th day of June I9I7. Published- in-46yetteville-Republ-ic- June 22 -1917. -- --- --- - no f#### furhter busness coming up on motion council adjournede Approved; . - -- - - - - - Atjes Mayor, Clerk,. 1 _ - . e 1 ' 1 1 1 r - - 1 • 1 ,