HomeMy WebLinkAbout1923-05-14 Minutes800
Appraisers each made a statement to the Council.
On motion made by Ald. Price ,seconded by Ald. Minton' and carried by the following
vote of the Council, Ayes; Harding,Price,Phillips,Jackson,Stephens,Minton, Nayes; None ,and so
declared by the Mayor,the assessment of benefits made by the Board of Appraisers of North Colle
Avenue Improvement District Number One as pertains to the property of the First Baptist Church
be retained as made and as now on file in the Office of the City Clerk.
On motion made by Alderman Harding ,seconded by Ald. Minton and carried by the follow-
ing vote; Ayes, Aldermen Price, Harding,Phillips,Jackson,Stephens,Minton,. Nayes, None ,and so .
declared by the Mayor, the assessment of benefits made by the Board of Appraisers of North Coll
age Avenue Improvement District Number One as pertains to the property of Errs. Beulah Lawson be
retained as made and as now on file in the Office of the City Clerk.
On motion made by Alderman Jackson,seconded by Ald. Minton and carried by the unani-
mous vote of the Council,the application of G.C.Webber to errect a store building was .deferr-
ed until next meeting and Mr Webber was given permission of the Council to circulate a petition
in his interest in this maner.
No further business appearing,the Council adjourned at 9:45 p.m.
Attest; Approved; Cp �fLv�`
Clerk. V" Mayor.
REGULAR MEETING OF THE CITY COUNCIL, HELD MAY I4. I923.
Present: The Mayor, Clerk., Aldermen Price Harding,Phillips,Jaekson,Stephene.Minton.
Absent: None.
The minutes of the preceeding meeting were read and approved by the Council.
A communication from Atty. H.L.Pearson in regard to appeals from re -assessments in East Str set
•Improvement Dist. No.I and Annex No.I and,Annex No.2 was read to the Council.
Atty. C.D.Atkinson appeared before the Council as a representative of the St.Louis and San Frane
cisco Railway Company and made a statement in regard to the reassdeament of benefits on the prop
arty of his client in Annex No.2 ,East Street Improvement District. The written appeal wf the
the said rail -way company,which had been previously filed,was read by the Clerk. On motion made
by.Ald. Jackson,seconded by Ald. Price and carried by the following vote; Ayes; Aldermen Price, �.
Harding,Phillips,Jackson,Stephens,Minton,Nayes;None,and so'declared by the Mayor, the assessed\0e,
to the property of the St. Louis and San Francisco Railray Company is reduced from the sum of
3900.00 to the sum of $ 2600.00 and the interest on this last named sum for the life of the
bonds at the rate of interest fixed -on the face of said bonds ,and the Clerk was directed to
furnish the Board of Aplaisers of said Improvement District a copy of above action of the Coun-
cil,that said Board might change its assessment accordingly.
Mr. E.B.WaAl appeared before the Council and announced that he would file an action in the,
Chancery Court in regard to the protest of his clients in regard to action of Council on Nortq,.
College Avenue Improvement District No. I.
Mr. J.H.Mcllroy ,in person,and through his counsel,Mr.J.W.Walker,appeared before the Course
oil in -reference to appeals of Mr McIlroy to assessments of'bene£its to his property in Annek
No.I and Annex Not, East Street Improvement District. The written appeals as filed by Mr;McIlk
roy were read by the Clerk. On motion made by Ald; Price,seconded by Ald. Minton,and carri-
ed by the following vote; Ayes, Aldermen Price, Phillips,Jackson,Stephens,Minton, Nayes; Ald.
Harding.and so declared by the Mayor, the appeal of J.H.MoIlroy.from the reassessment of.benefits
to his property in Annex No.2 to East Street Improvement District No.,I was denied.
On motion made by Ald. Harding ,seconded by Ald. Minton and passed by the following vote,Ayes
Alderme4; Price ,Harding ,Phillips,Jackson.Stephens,Minton, Nayes;None, and so declared by the
Mayor,the reassessment of benefits to the property of J.H.Mc Ilroy in *East Street Improvement
District Number One were reduced as follows:
I. On Lot No. 5, Block I6, J.H.McIlroy B.&M.Plat, from 01470.00 to 980.00 and the inters
est on this last named sum for the lime of the bonds atd the tate of interest fixed on the
face of said bonds.
2. On Lot 6,Blook I,E.I75 ft.;S. 32 ft.61n;W.7Ift.B.& M.Plat, from $369.80•to $242.00 and the
interest on this last named sum for the life of the bonds at the rate of interest fixed on the _
face of said bonds. k
d�
3. On Lot 6,Block I,I:1rs .M.J.Rivercomb.now owned by J.H.Mcllroy,West 'bI ft. S.32Ft.6 in.B. & M
plat from $ 267.50 to $ I76.00 and the interest on this last named BG for the life of
the bonds at the rate of interest fixed on the face of said bonds.
4. On bot 5,Block I. Be & M. plat,J.H.Mo Ilroy, from $369.80 to $ 242.00 and the interest on
this last named sum for the life of the bonds at the rate of interest fixed on the face of
said bonds.
and the 91erk -vas directed to furnish to the Board of Apprafsers of said Improvement
District a copy of above action of the Council.
The appeal of Mr.and Mrs. C.W.Winkleman from the reassessment of property in Annex No.2.
East Street Improvement District was read to the Council. On motion made by Ald. Jackson,second
ed by Ald. Harding and passed by the following vote, Ayes; Aldermen Price,Harding,Phillipa,
Jackson,Stephens,Minton, Nayes; None,and so declared by the Mayor ,the appeal of Mr. and Mrs.
C.W.Winkleman was denied.
A petition from citizens in regard to the errection of a store building at Spring and Lo-
cust Street was read to the Council. On motion made by Ald. Harding ,seconded by A1d.Phillips,
and carried by the unanimous vote of the Councii,the City Engineer was directed to issue a build
ing permit to George Webber to errect a store building at Spring and Locust Streets.
The Clerk stated that he had certain warrants in his pmssession viz;Nos .7772 to 7777 incle
which had been invalidated by action of the Council on April 23,I923 by passage of Ordinance No.
475; the Clerk further stated -that he had in his possession certain other warrants viz; Nos.
7049 tO 7053 inclo which had been written by him by mistake and had never been delivered to any
one. • On motion made by Ald. Priee,seeonded by Ald Harding and carried by the unanimous vote,
of the Council,these warrants ,the numbers of which are given above were destroyed by the Mayo•<
by burning in the presence of the members of the Council.
Alderman Price introduced the following Ordinance,which was read the first time,whereup
on Alderman Harding moved that the Rules be suspended and the Ordinance be placed on its second
reading. This motion was seconded by Ald. Price and was carried by the following vote , Ayes;
Aldermen Price,Harding,Phillips,Jackson,Stephens,Mi.nton, Nayes; None and so declared by the
Mayor. Alderman Harding then moved that the Rules be further suspended and the Ordinance be pla
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ced on its third reading and final passage;this motion was seconded by Aldo Price and carried J6
by the following vote, Ayes:.Aldermen Price,Harding,Phillips,Jaekeon,Stephens,Miston ,Nayes;
- None,and so declared by the Mayors who then called for the vote on the passage of the Ordinance,
which was, Ayes: Alderman Price•,Harding,Phillips,Jackson,Stephens,Minton, Nayes;None The May
or then declared the Ordinance passed and a copy is as follows:
Ordinance No. 479,
AN ORDINANCE TO BE;ENTITLED" AN ORDINANCE TO LEVY THE ASSESSMENT UPON THE REAL PROPERTY
LOCATED WITHIN NORTH COLLEGE AVENUE IIVMROVF201T DISTRICT' NUIABER ONE OF THE CI'T.% UF
FAYETTEVILLE,ARKANSAS'.
WHEREAS, the majori$y in value of the property holders owning property adjoining the local
' ity to be affected,and situated in North College Avenue Improvement District Number One of the
City of Fayetteville,Arkansas,organized for the purpose of improving by grading,rolling and pav-
ing with Asphalttc Pavement,the streets and parts of streets within said North College Avenue
Improvement District Number One of the City of Fayetteville,Arkaneas,have petitioned the City
Council of the City of I£ayetteville,Arkansas,for the construction of said improvement;and that
the costs thereof shall be assessed upon the real property of said District,according to the
benefits to be received;and
WHEREAS,said benefit received by each block -lot and parcel of real property situated in Of
said district,equals or exceeds the local assessment;and
WHEREAS,the estimated cost of said improvement,exclusive of interest charges,is the sum of
529452.20. '
NOW,THEREFOREfBE IT BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANEAAS:
SECTION -ONE: That said sereral blocke.lots,and parcels of real property in said district be asse
seed according to the Assessment List for said Improvement District,as the same now remains in
the office of the Recorder or City Clerk; and that Io per centum on said blocks,lots and parce 5
of real property in said district shall be paid annually on or before the first Monday of Novem-
ber,until the whole of said local assessment shall be paid.
SECTION TWO: That all Ordinances and parts of Ordinances in conflict herewith,be, and the same
are hereby repealed,and this Ordinance shall take effect and be in force ,from and after its 16
passage,approval,and publication. (Sgd) M.L.PRice.
Passed and approved this I4th. day of Iday,I923:
Attest; (Sgd.) C.F.ARmistead, Approved (Sgd.) Allen M.Wilson,
Clerk, Mayor.
Published in The Fayetteville Democrat,Ma.y I5,I923,
Alderman Harding introduced the following Ordinance.which was read for the first time,whe
reupon Alderman Harding moved that the Rules be suspended,and the Ordinance be placed upon its
second reading;this motion was seconded by Aldo Phillips and carried by the following vote,Ayes;
Aldermen Price,Harding,Phillips,Jackson,Stephens,Minton, Nayes; None,and so declared by the May
or. Alderman Phillips then moved that the Rules be further suspended and the Ordinance be plac-
ed upon its third reading and final passage,this motion was seconded by Aldo Harding and carried
' by the following vote, Ayes; Aldermen Price,Harding,Phillips,Jackson,Stephens.Minton, Nayes;None
and so declared by the Mayor.who then called for the vote on the passage of the Ordinance,whieh
was; Ayes. Aldermen Price, Harding, Phillips,Jackson,Stephenzi, Minton, Nayes, None, The Mayor
,then declared the Ordinance passed,and a copy is as follows:
ORDINANCE N0. 480.A
AN ORDINANCE TO BE ENTITLED AN ORDINANCE REGULATING PURCHASES BY THE BOARD
OF AFFAIRS IN EXCESS OF $ 300,(00 .
Be it enacted by the City Council# of the City of Fayetteville,Arkaneas:
Sectionf/ I. That hereafter when purchases are made.by the City of Fayetteville,involving an
expenditure greater than three hundred dollars,the Board of Affairs shall advertise for bids at
least ten days in advance in trade journals read by manufacturers and shall secure at least three
bona fide bids before a deal is closed. In closing a deal the matter must be referred back to
the City Council for ratification and no such contract shall be binding upon the City unless it
is so ratified. No warrant shall be issued by the City Clerk in payment of any such purchase un
less this procedure has been complied with.
Section 2. The procedure outlined in this ordinance shall not apply in anyway to work on the
City streets,either for maintenance.or improvement.
Section 3. All ordinances and parts of ordinances in conflict herewith are hereby repealed.
(Sgd.)C.'T.Harding
At this point the Mayor stated to the Couneil.that he would not approve this Ordinance,
and would submit his veto within the time prescribed by law.
The application of W.M.Hudson for a taxi -cab lidense,was refused by the Council.
On motion by Aldo Jaekson,seconded by Aldo Price and passed by the unanimous vote of the Coun-
cil, the Chief of Police was authorized by the Council to paint parking lines on the paved
' streets of the City.
The accounts of H.M.Watro1q,approved by the City Engineer,as follows tyere read to the Couna
oil:
To Bridge repairs II3.00 553 sq.ft0Concrete side -walk ®I7 94.09
Prairie Avenue Lot 3.Block 9,Masonic Addition
On motion by Aldo Jackson,seconded.by Ald, Harding and unanimously adopted by the Council
the above accounts were allowed and thy Clerk was directed to draw warrants in favor of
H.M.Watrous to cover same.
Mr Frank Williams submitted an application to the Council for the Position of Street
Commissioner; whereupon Alderman Jackson submitted the following Resolution and moved its adop-
tion;this motion was seconded by Aldo Harding and carried by the Following Vote; Ayes, Price,
Harding,Phillips,Jackson,Stephene,Minton, Nayes; None, and the Mayor declared the Resolution
passed and a copy is as follows: -R E $ 0 L �& N %, V �( J
A resolution providing for the appointment' of Street Commissioner of the City of
Fayetteville,Arkansas.
Whereas the office of Street Commissioner has heretofore been created by Ordinaa
nee of this Council,duly and lawfully enacted ,and
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Whereas, the application of one Mr.Frank Williams has been presented to this Council and
duly approved and accepted and it is shown that he possesses the requisite qualifications to
properly discharge the duties of said office,therefore,'
Be it resolved;by the City Council of the City of Fayetteville,Washington County ,Arkanoo
-
sas,that Mr. Frank Williams•,be,and is hereby appointed to the office of Street Commissioner -of
the said City of Fayetteville.
The Auditing Committee Submitted the following listed bills approved by it,andIon motion
by A1d.Price,seconded by Aldo Harding and passed by the following vote,Ayes; Aldermen Price,Hard
ing,Phillipa,Stephens.Jackson,Minton, Nayes ;None and so declared by the Mayor The bills were
approved and the Clerk directed to draw warrants for the same;
C.0 Hansard, 2.20 C.O.Hansard, 23.90
Washington Hwd•.Co. 3.80 American LaFrance Fire Eng.Co. I5.49
Lewis Bros Co. 8.37 Democrat Print Co. I6.25
Fayetteville Gas&Elec.Co.338.56 Heerwagen Bros, 5.00
Geo. J.Mayer Co. 3:09 E.M.Ratliff 23.25
Campbell Filling Ste, 24.20 Homer Christiban 2.00
The Auditing Committee returned to the Council the reports of the City Collector and of T
The Police Judge,which-on motion of Aldo Prioe,seeonded by Aldo Minton and carried by the unani-
mous vote of the Council.these reports were received and the Clerk was directed to file same.
No further business appearing ,the Council adjourned at
Attest: tads ,; ,
Clerk.
I0; I5 P.M.
Approved:
Mayor.
REGULAR MEE`T'ING OF CI`T'Y COUNCIL HELD MAY 2Ist. I923.
Present: The Mayor,Clerk, Aldermen Price,Harding,Jackson,Stephens,Minton, A
Absent: Alderman Phillips.
The minutes of the preceeding meeting were read and approved by The Council.
The following communication from The Mayor was read to The Council:
City of Fayetteville,Arkansas
Executive Department,
Col. C.F.Armistead,City Clerk, May I6,I923.
Fayetteville,Arkansas,
Dear Sir:
By authority of.Section 770I Crawford and Moses Digest of the Statutes of the.
State of Arkansas,I hereby file with you my formal ieto of Ordinance.number 480,passed by the
City Council on the night of May I4the.I923,entitled,"An Ordinance regulating purchase by the
Board of Public Affairs in excess of � 300.00",for the following reasons,to-wit:
I. The Ordinance in question is in direct violation of Section 77I5 of Crawford and atoses
Digest of the Statutes of Arkansas,in that the Ordinance requires a conformation by the Coun-
cil of any purchase in excess of. 300.00 by the Board of Public Affairs,
2. Section 2 of said Ordinance is in direct violation of -Section 77I5 and also of Section
77I8 of said Bigest,in that said Ordinance attempts to exempt contracts for the maintenance or
improvement of streets from the authority of said Board of Public Affairs,
3. It is a well established principle of law,long approved by all the Courts and reflected
in all decisions ,that a State law cannot be chaged;amended,repealed or in any wise modified by
the passage of any Ordinanoe,Resolution or Order by municipal authority;and in view of the fact
that the law is plain and clear as to the power and duties of the Board of Public Affairs,and
as the Ordinance in question is in direct violation of said law,I find it necessary to veto the
said Ordinance;which is herewith done. I '
Very respectfully,
(Sgd) Allen M.t7ilson, Mayor.
Filed in my office this I6th.Day of May,I923.
(Sgd.) Cl!*Armistead,City Clerk.
A communication from Fayetteville Gas and Electric Co.,in regard to the lighting of The
White Way was on motion made by Aldo Priee,seconded•by Aldo Jackson and passed by the unanimous
vote of the Council,referred to the Committee on Lights. By the provision of this motion this
Committee was.•given power to act on the matter referred to in the communication as well as to
install light on corner of West and Dickson Streets.
Attorney H.L.Pearson appeared before the Council in regard to, re -assessment in cast Street
Improvement District and Annex No.I and Annex No.2 of this same District.
Alderman Price introduced the following Ordinance ,which was read the first time. Alderman
Jackson then moved that the Rules be suspended and the Ordinance be placed on its second read-
ing. This motion was seconded by Aldo Harding and carried by the following vote,Ayes; Aldermen.
Price,Harding/yXJXzX&, Jaekson,Stephens,Minton,Nayes; Ngne ,and so declared by the Mayor. Alder
man Jackson then moved that the Rules be further suspended and the Ordinance be placed upon its
third reading and final passage'. This motinn was seconded by Aldo Minton and carried by the Fol-
llowing vote,Ayes; Aldermen Price,Harding,Jacksoa,Stephens,Minton, Nayes;None ,and so declared
by the Mayor,who then called for the vote on the passage of the Ordinance which was; Ayes; Ald-
ermen Price,Harding,Jackson,Stephens�.Minton, Nayes; None, and-# The Mayor then declared -the
Ordinance Passed and a copy id as follows:
e
ORDINANCE N0. 480.8
AN ORDINANCE FOR THE PURPOSE OF LEVYING•T RE -ASSESSMENT OF BENEFITS ON THE RdAL
PROPERTY IN ANNEX NUMBER 2 TO EAST STREET IATROVEMENT DISTRICT NUMBER i OF THE CIf
TY OF FAYETTEVILIE3 ARKANSAS AND DECLARING THE SAME A LIEN UPON SUCH REAL
PROPERTY AND FIXING THE TIME FOR THE PAYMENT OF SUCH RE -ASSESSED BENEFITS.
Be it Ordained by the City Council of the City of Fayetteville,Arkansas:
Section I.
Whereas the Legtelature of the State of Arkansas enacted Act No.679;6pproved Marc?-
26th,I923 authorizing a re -assessment of benefits accruing to and received and