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HomeMy WebLinkAbout1923-04-23 Minutes1941 REGULAR MEETING OF THE CITY COUNCIL, HELD APRI14 23d.,I9230 Present: The Mayor, Clerk, Aldermen Harding, Jackson,Minton,Phillip®,Price. Absent: Aldo Steph ens, The minutes of th a Two previous meetings were read and approved, The Mayor„that the members of The Water Commission were present and that the matter of water pumping for the City would be now discussed, Aldo Jaekson.Chairman of a special committee of the - council made`a statement and gave figures relative to the cost of pumping the city water under the proposition submitted by the Fayetteville Gas and Electric Company and contrasted it wing the proposition proposed by the Water Commission, Aldo Stephens entered at this time and took his seat. Aldo Harding made a statement on the same subject as discussed by Aldo Jackson, Mr. Jay.Fulbright of the Water Commission made a statement in reply to the statements of Alderme W Jackson and Harding. Statements were also made on this subject by Aldo Phillips and by Mr. Chas. Appleby of the Water Commission, Calffiotion made by Aldo Price,seconded by Aldo Phillips that the Special Committee of the. Council, Aldo. Jaekson,Minton,and Stephens meet with the Water Com- mission,and the City Engineer to consider the whole matter of water pumping for the City ,and submit a report to the Council at its nest meeting or as soon thereafter as practicable,a4d pass ed by the following vote,: Ayes; Price.,Phillips,Stephens, The Mayor, Noyes; Aldermen Harding, Jaokson,Minton 9 and so declared by the Mayor. Dr.,4,%.Moore appeared before.the Council and made a statement relative to Paving of College Avenue,and filed with the Clerk an appeal from assessment of benefits of North College. Avenue Improvement District Number One. The Clerk stated to the Council that he had received and filed a similar protedt from Beulah H.Lawson and Protests on Assessments on Annex NumbexTwo, East Street Improvement District from.J.H.McIlroy,Mr. and Mrs. Chas. Winkleman,and The St. Louis San Francisco Railway Company. The Mayor announced that all appeals from assessments in these Improvement districts would be heard at the next regular meeting of the Council,April 30,I923. On motion made by 'Aldo Priee,seconded by Aldo Jackson,and-unanimously adopted by the Council and so declared by,,,the Mayor, the City Engineer was directed to establish necessary grades on Rebecca Avenue and„Willow Street, Mr. Jerome Reynolds appeared before the Council,as President of the City Board of Healtw and after some remarks on the city dumping grounds recommended that J.W.Shelley be appointed Sanitary Policeman. On motion made by Aldo Phillips,seconded by Aldo Price and unanimously a- dopted by the Council,and so declared by the Mayor,the appointment of J.W.Shelly as Sanitary Po- liceman,made by.the Mayor just prior to this motion ,was approved by the Council, On motion made by Aldo Price ,seconded by Aldo Harding and passed by the following vote: Ayes• Hardin, Price,Phillipe,Jackson,Stephens,Minton. Noyes ;None, the clerk was directed to draw a y6 warrant in favor of Sam Young for the sum of Twenty -Five Dollars($25.00) for rental of dumping ground for City garbage for one year, On motion made by Aldo Phillips,seconded by Aldo Priee,and unanimously adopted by the Council,the Mayor was authorized to investigage the price of an incinerator for the City,and make a report of his investigations as soon as practicable, On motion made by Aldo Harding and seconded by Aldo Minton,and passed by the unanimous vote of the Council,The President of the Board of Health,who was present, was asked to investigate and to inform the Council as soon as possible as to a plan fpr destroying breeding places of mos- quitoes within the City limits. Major Davidson appeared before the Council and made a statement in regard to the drainage system of Davidson Avenue, Aldo Price stated to the Council.that the Committee on Street had this matter under consideration and they hoped to care for this drainage to the satisfaction, of all citizens, An Ordinance relating to the parking of vehicles on the City streets was introd duced by Aldo Harding and read the first time,whereupon Aldo Harding moved that the rules be suspended and the Ordinance placed on its second reading, This motion was seconded by Alderman Price and carried by the following vote: Ayes; Harding,Phillips,Jaekson,Stephend,Minton, Noyes: None,and the Mayor so declared. Alderman Harding then moved that the Rules be futher suspended and the Ordance be•placed on its third reading and final passage. This motion was seconded by Alderman Price and carried by the following vote: Ayes;Aldermen Price,Harding,Phillips, Jackson, Stephens,,Mimton, Nayes;None . The Mayor declared the motion passed and called for the vote on the passage of the Ordinance which was: Ayes; Aldermen Price,Harding,Phillipe,Jackson,Stephene; Minton, Noyes; None. Whereupon the Mayor declared the Ordnance passed,and a copy is as follows ORDINANCE NUMBER 474. lV AN ORDINANCE TO AMEND SECTION ONE(I) OF ORDNANCE NUMBER FOUR HUNDRED FIFTY FIVE(455) p \ PASSED AND APPROVED JUNE 27th, I922. BE IT OR INED BY the Council of the City of Fayetteville?Arkansas: Secti One. That Section One(I) of Ordinance Four Hundred Fifty-five (455),passed a( and approved June 2 th.,I922,be amended to read as follows: 1 (� All vehi es parking on the Public Square shall do so by heading directly into the eurb,on the right hand ide of the street in the direction in which such vehicles is going; and in the case of motor vehtcl ea the same shall head both front wheels directly into the gutter,so that both front wheels shall rest -against the curb. Upon all other streets within the City of Fayetteville,except the Public Square,all vehicles shall park.on the right side of the silt9in the direction in which such vehicle is going,parallel with and not to exceed one foot from the curb. Section Two. That this Ordhaance be in force from and after May Ist. ,I923 and its passage approval and publication;and all Ordinances or parts thereof in conflict herewith,be, and the/4 same are hereby repealed, Passed and approved this 23do day of April,I923. Approved: Attest: (Sgd.)Allen Wilson,Mayor (Sgd.) C.F.Armistead ,Clerk. -V_,.�:..*.._ ;, ���. �,, �. .�.s, off,c 14,II 13, After remarks made by Dr, N.F.Drake,on motion made by Aldo Prlce,seconded by Aldo Harding and unanimously adopted by the Council and so declared by the Mayor,the matter of City aid to the Mount Nord Improvement District was referred to the Committee on Finance with instructions to report on same at the next meeting of the Council, On recommendation of the City Engineer a motion was made by Aldo Harding and seconded by Aldo Price ,unanimously passed by the Council and so declared by the Mayor that the plat submitted by N.F.Drake at the last meeting of the Council be received and made of record by filing. Upon report of Mayor,motion was made by Aldo Harding,seconded by Aldo Phillips and passed by the following vote: Ayes;Price,Harding, Phillips,Jackson,Stephens,Minton,Nayese None, and so declared by the Mayor,that the Clerk be directed to draw warrant for Twelve and 5o/I00 Dollars in Favor of The State Highway Depart- ment to pay for a copy of City and State Automobile License Tagi Numbers. A petition from certain citizens in reference to sanitary conditions on West Center Street and on Dickson Street was referred to the City Board of Health for its consideration, Alderman Jackson introduced the following Resolution and moved its adoption,which was seconded by Aldo Harding and carried by the following vote: Ayes/y/%# , Harding,Phillipe.Jackson, .r. L� (95 Stephens,Minton, Nayes; Ald. Price,ani so declared by the Mayor„who then announced that XX the Resolution was duly adopted,and a copy follows: A RESOLUTION PROVIDING FOR TiD: EMPLOYMENT OF ATTORNEYS TO ASSIST CITY ATTORNEYS WHEREAS,There is now pending a controversy between the City of Fayetteville and Messrs. Jay Fulbright,Charles Appleby,and J.C.White,as managers of the City Water System of.FAyetteville,and the Fairbanks -Morse Company,a.corporation of St. Louis,Missouri,growing out.of an attempt on the part of said managers to bind the City of Fayetteville in a contract with said.Fairbanks-Morse Company for the purchase and instalation of an expensive water pumping engine and other equipmen and; WHEREAS,said contract is by this council deemed improvident and prejudicial to the rights an interests of the tax payers of said City of Fayetteville,and; WHEREAS,it is deemed proper,and the duty of this eounoil,as the representatives of said tax payers to take all necessary legal steps to prevent said City of Fayetteville from becoming bounA- by the terms of said contract,and to prevent the appropriation and expenditure of the City's rev enues for the purposes contemplated by the terms of said contract,and; WHEREAS,said matter is of such importance that it is deemed proper that special counsel shou ld be employed to assist the City Attorney in the.matter of protecting the rights of the City of Fayetteville in said controversy,and in such litigation as may airise as a result of said contro- versy,and; WHEREAS, this council desires to employ the firm of Nance and Seamster,attorneys for said purpose THEREFOREsbedit resolved by the City , Council -of the City of Fayetteville Washington County,Arkansas,in lawful meeting.assembled,that the firm of Nance and Seamster,attor neys,be and -they are hereby employed,and their services retained to assist the City Attorney of said City in the legal matters above mentioned and set forth and that they be paid for their se- rvices to be rendered in that behalf,such compensation as may be hereafter allowed by this counf oil. (Sgd.) T.U.Jackson. Passed and approved this 23d.day of April,I923. Approved; Allen M.Wilson,Mayor, Attest; C.F.Armistead,Clerk. The final Report of the Special Disbursing Agent of the City of Fayetteville,Arkaneas was read to the Council and on motion of Ald. Price,seconded by A1d.Minton the report was re- ceived and the Clerk was directed to file same. The vote on motion being; Ayes; Price,Harding, Phi111ps,Jackson,Stephens, Minton, Nayes;None. The motion was declared carried by the Mayor. The Auditing Committee submitted the following listed bills ,approved by it, and on mo- tion made by Ald. Harding,seconded by Ald. Minton and passed by the following vote: Ayes;Price, Harding,Phillips, Jackson, Stephens,Minton, Nayes; None., the same were approved and the Clerk wa directed to issue warrants for the same ,towito, Democrat Printing Company 4.75 Patterson Print. & Ste, Co. 4.50 Thomas & Son 3.40 Southwestern Bell Tel, Co. I0.80 Ozark Filling Station I.84 Washington Co.Hwd.Co. I4.75 J.M.Goolsby 2.50 Ozark Battery and Elec.Co. 2050 Southwestern Bell Tel.Co. 2.I5 J.H.Phippe Lumber Co. 3.64 Fayetteville Gas and Else. Co. 329.85 - The City Engineer submitted a contract for his services,scale of fees,ete. which was read to the Council by the Clerk. On motion by Ald.Harding,seeonded by Ald. Price,and adopted by the following vote: Ayes; Aldermen Price,Harding,Phillips,Jackson,Stephens,Minton, Nayes; None., the Mayor was authorized and.empowered by the Council to sign the contract as read for and in 70 name of the City Council, The 91erk was directed by the Mayor to file said contract after it/( had been duly signed . A report from the City Engineer in reference to the cost of paving the intersections of certain streets in the Willow Street Improvement District was read to the Council. On motion by Ald. Harding,seconded by Ald. Price and carried by the following vote://4 Ayes;Price,Harding,Phi111ps,Jaekson, Stephens,Minton,Nayes; None,and so declared by the Mayor, this report was adopted by the Council and the Clerk was directed to file same. . Alderman Price introduced the following Resolution and moved its adoption,which was secon- ded by Ald. Jackson and carried by the following vote, Ayes; Aldermen Priee,Harding,Phillips, Jackson,Stephens,Minton,Nayes; none, and so declared by the lv%yor,who then announced that the Resolution.was duly adopted and a copy follows. (lb�(17-3 RESOLUTION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANAAS: Section One: That the hereinafter described streets in the City of Fayetteville,Arkansas,shall be repaired and improved at the places hereinafter mentioned,to-wit: At the intersection of East La£ayettef Street and Washington Avenue; At the intersection of East Lafayette Street and North Willow Avenue; At the intersection of East Lafayette Street and Walnut Xf#XX Avenue; At the intersection of East Lafayettee Street and Olive Avenue; - At the intersection of East Lafayette Street andFletcher Avenue; At the intersection of Sutton Street and Washington Avenue; At the intersection of Sutton Street and North Willow Street; At the intersection of Sutton Street and Walnut Avenue; At the intersection If East Dickson Street and Washington Avenue; At the intersection of East Dickson Street and North Wi110w Avenue, Section Two: That the City Council of the City of Fayetteville,Arkansas,proceed to pass an Ordi nance,entering into a contragt for the furnishing of the necessary material and performing the work,and labor to make said repairs and improvements. (Sgd.) M.L.Price Passed and approved this 23d day of April,I923. Approved :(Sgd) Allan M.Wilson;Mayor. Attest: (Sgd.) C.F.Armistead,Clerk. , On motion by Ald. Price,seconded by Ald. Phillips and unanimously adopted by the council, Simpson and Minton were granted a permit to errect an oil tank in East Fayetteville. Alderman Price introduced the following Ordinance,which was read the first time,where- upon Alderman Harding moved that the Rules be suspended and the.Ordinance be placed on its seo- and reading;this motion was seconded by Ald. Minton and carried by the following vote; Ayes, - Aldermen Price,Harding,Phillips,Jackson,Stephens, Minton,Nayes;None,and so -declared by the.Mayor Alderman Price then moved that the Rules be further suspended and the Ordinance be placed on its third reading and final passage,this motion was seconded by Ald. Minton and carried by the fol- lowing vote;Ayes; Aldermen Price,Harding,Phillips,Jackson,Stephene,Minton,Nayes; None,and so de- clared by the Mayor,who then called for the vote on the passage of the Ordinanoe,which was; Ayes Aldermen; Price,Harding,,Phillips,Jackson,Stephens,Minton, Nayes; None. .The Mayor then declared the Ordinance passed,and a copy is as follows: ORDINANCE NUMBER 475. AN ORDINANCE ENTITLED,"AN ORDINANCE CONTRACTING WITH MORENO-BURKHAM CONSTRUCTION 0014PANY, ' A CORPORATION,TO REPAIR AND MAKE I12ROVEME1TS ON CERTAIN STREETS WITHIN THE CITY OF FAYETTEVILLE ARKANSAS,AND TO FURNISH THE NECESSARY MATERIAL,WORK AMID LABOR FOR THE SAME,AND TO PROVIDE FOR TH PAYMENT OF SAID MATERIAL,WORK AND LABOR." BE IT ORDAINrD BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS; Section One: That repairs and improvements be made upon the following named streets in the City of Fayetteville,Arkansas,at the places herein named,to-wit: The intersection of East Lafayette Street and Washington Avenue;intersection of East lefayette Street and North.Willow . Avenue;the intersection of East Lafayette Street and Walnut•Avenue;the intersection of East Lafayette Street and Olive Avenue; the intersection of East LaFayette Street and Fletcher Ape- nue;the intersection of Sutton Street and Washington Avenue; at the intersection of Sutton Street and North Willow Avenue; at the intersection of Sutton.Street and Walnut Avenne;at the intersection of East Dickson Street and Washington Avenue; at the intersection of East Dickson Street and North Willow Avenue. Section Two: That said improvement shall consist of paving of the intersection of said street s and the the construction of necessary culverts and drains to take care of the drainage which which must pass under the paving from the adjacent territory nest to said intersection of said streets. . Section Three: The City of Tayetteville.Arkansas,by the City Council of said City hereby oon- tracts with the Moreno-Burkham Construction Company,a corporation, for the said Moreno-Burkham Construction Company,a corporation, to do and perform the,work and labor ,and furnish the neces- sary materilg for the repair and construction as herein set forth on said streets,and at said in- tersections of streets as herein mentioned,said improvements to be according to the plana and specifications on file in the office of the City Engineer of the City of Fayetteville,Arkansas. The City of Fayetteville agrees to pay to said Company for the same as follows: For all work,labor and material furnished the City of Fayetteville agrees to pay as follows: 3000 square yards J1 Asphaltic Concrete @ i.60 per square yd. 4800.00 I000 cubic yards Broken Stone @ 4.00 -per cubic yd. 4000.00 2000 cubic yards Excavation @ I00 per cubic yd. 2000.00 For.Oulverts and Drains: ' 40 cubic yards Concrete @ 25.00 per cubic yard I000.00 2000 cubic yards Excavation @ I.00 per cubic yard 200.00 Total amount to be paid by the City of Fayetteville in this contract is the sum of Twelve Thousand ($I2000.00) Dollara,which amount the Council finds to be a fair and just compensation for said said material furnished and work and labor to be performed in such improvement. Section Four: Upon the completion of repairs and improvements upon said streets at the places hereinbefore described -by said Moreno-Burkham Construction Company,a corporation, and the acceptance of said materials used and work and labor done in in said repairs and improvements by the City Council of the City of Fayetteville,Arkansas--said City of Fayetteville agrees to pay said Moreno-Burkham Construction Company,a corporation, Twelve Thousand ($I2000.00) Dollars to be paid out of the General.Revenue Fund of said City by warrants drawn in favor of said Moreno- Burkham Construction Company,a corporation, or bearer,payable in the following amount,and on the following dates,to-wit: Ist year August I59I923 $ 2400.00 2nd,year August I5,I9249 2400.00 3d year August I59I925 2400.00 4th.year August I5vI9269 2400.00 5th. year August I59I927 2400.00 If the City of ?ayetteville makes default in the payment of any one of said sums when the same .becomes due and payable,the City of Fayetteville agrees and stipulates with the owner of the warrant,representing the amount of the sum in which the City has defaulted in the payment ofd to pay said owner of said warrant the sum of eight per cent interest per annum on said warrant from the date of such default I until the said sum is fully paid, as an agreed and stipulated on the part of the City of layetteville for its failure to perform -that penalty penal -t7 and as.dam- ages part of its contract,with said Moreno-Burkham•Construction Company,a corporation „ or the owner of said warrant. Section Five: This contract shall be binding upon the Gity of Fayetteville,Arkansas,from and after the passage,approval and publication of this ordinance,and the acceptance of the same by the said Moreno-Burkham Construction Company,a corporation, in writing filed in the office of the City Clerk of Fayetteville,and compliance with its terms by said Moreno-Burkham Construction Company,e corporation, on its part. The City -of Payetteville,Arkansaa,hereby pledges itself,and all of its officers,to the faithful performance of this contract as herein set forth in this ordinance upon the full perforvwt ante of the contract herein set forth on the part of said Moreno-Burkham Construction Company, a corporation. Section Six: This Ordinance shall take effect from and after its passage,approval and pubs lication. Passed and approved this 23d day of April,I923. Approved: (Sgd.)Allen M.Wilso-y\ Attest; (Sgd.) C.F.Armistead, Clerk. Mayor. Published in The Fayetteville Democrat April 24,I923. No further business.appearing,the Council adjourned at I0.00 O� O'Clock P.M. Attest: <� 3 Clerk. ye �^ Approved: WOVA ,. n j, Mayor. r 9 L I