HomeMy WebLinkAbout1923-05-21 Minutes802
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Whereas, the application of one Mr.Frank Williams has been presented to this Council and p
duly approved and accepted and it is shown that he possesses the requisite qualifications to
properly discharge the duties of said office,therefore,
Be ii resolved,by the City Council of the City of Fayetteville,Washington County ,Arkan-
sas,that Mr. Frank Williams,be,and is hereby appointed to the office of Street Commissioner-of f
the said City of Fayetteville.
The Auditing Committee Submitted the following listed bills approved by it,and•om motion
bl A1d.Price,seeonded by Aldo Harding and passed by the following vote,Ayes; Aldermen Price,Hard
ing,Phillips,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, 1$ 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. I0*25 '
Fayetteville Gas&'Elec.Co.338.56 Heerwagen Bros.5.00
Geo. J.Mayer Co. 3:09 E.M.Ratliff 123.25
Campbell Filling Ste, 24.20 Homer Christihan 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 Priee,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 I0;I5 p.m. '
Attest: (A p Approved: Mayor, ayor.
REGULAR rEE`1'ING OF CITY COUNOIL HELD MAY 2Iate I923.
Present: The Mayor,Clerk, Aldermen Price,Harding,Jackson,Stephens,Minton.
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 I69I923.
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 Leto of Ordinance number 480,passed by the
City Council on the night of May I4th,,I923,entitledo"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 77IB of Crawford and Moses
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
77IB 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 Ordinanee,Resolution or Order by municipal authority;and in view of the fact
that the law 1s 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.
Very respectfully,
(Sgd) Allen M.Wilson, Mayor.
Filed in my office this I6th.Day of May,I923.
(Sgd.) C$.Armistead,City Clerk.
A communication from Fayetteville Gas and Electric Co.,in regard to the lighting of The
White Way was om motion made by Aldo Priee,seconded'by Aldo Jackson and passed by the unanimous
vote of the Counoil,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 vast 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.
Prioe,Hardingiftxlyfix, Jackson,Stephens,Minton,Nayes; None ,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,Jackson,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,Stephensy,Minton, Nayes; None, and-# The Mayor then declared. the
Ordinance Passed and a copy id as follows:
ORDINANCE, N0. 480.8
AN ORDINANCE, FOR THE PURPOSE OF LEVYING THE RG' -ASSESSMENT OF BENEFITS ON THE REAL
PROPERTY IN ANNEX NUMBER 2 TO LAST STREET IMPROVEMENT DISTRICT NUMBER i OF THE CIg
TY OF FAYETTEVILIE3 ARKANSAS AND DECLhRING 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,Arkaneas:
Section I. -
Whereas the Legislature of the State of Arkansas enacted Act No.679;6pproved Marc
26th,I923 authorizing a re -assessment of benefits accruing to and received and
enjoyed by each lot,traet and parcel of real property in Annex Number 2 to.East Street.Improvem
ent District Number I of the city of Fayetteville,Arkansas. and Whereas the.Aesessore.have re-
assessed such benefits and filed the same with the city clerk of said city of Fa--etteville,Ark
ansas issued and oaused'to be published a notice of the filing of said re -assessment list as pro-
vided in Act No. 679.
Therefore it is now ordained by the City Council of the city of i'ayetteville,Arkansas thdt
several blocks,lots and parcels of real estate in said district be assessed according to the re-
assessment list for said Improvement District asythe same now remains in the office of the city
clerk,and that ten per oentum of such re -assessments on each of said blocks,lots and parcels o
real property in said district shallbe aid annually on or before the first Monday in July unti
the whole of said local re-asaessmll benefits shall be paid. And said re -assessment of be
nefits shall relate back to the filing of the assessment in the firs] instance,and shall have th'o.
same force and #J#XX effect as if filed at the.time of said original assessment,and shall be.
a charge and lien upon the said several lots,blocks,and parcels of real property in said district
,as if the re -assessment of benefits were the first and original assessment of benefits in said
districts.
Section 2.
This Ordinance being necessary for the immediate preservation of the Public peace,healkAs-
and safety,an emergency is declared and it shall take effect from and after its passage. .
Passed and approved this 2Ist Day of Iday,I923.
Approved;
Attest; (Sgd.) Allen M*Wilson, Mayor
(Sgd.) C.F.Armistead, City Clark.
Alderman Price intrmduced the following Ordinanee,which was read the first time, 4
Alderman Jackson then moved that the Rules be suspended and the Ordinance be placed on its secone.
reading.This motion was seconded by Aldo Harding and carried by the following vote,Ayes; Alder-
men Price,Harding,Jackson,Stephens,Minton, Nayes; None.and so declared by the Mayor. Alderman
Jackson then moved that the Rules be further suspended and the Ordinance be placed upon its
third readind and final passage. This motion was seconded by Aldo Minton and carried by the fol-
lowing vote,, Ayes; Aldermen Price,Harding,Jackson,Stephens,minton, Nayes; None,and so declare
d by the LLyor,who then called for the vote on the passage of the Ordinance which was, Ayes; Al
derme4 Prioe,Harding,Jackson,Stephens,Minton, Nayes; None,and The Mayor then declared the
'Ordinance passed and a copy is as follows;
ORDINANCE NO. 48I/
AN ORDINANCE FOR THE PURPOSE OF L::VYING THE RE -ASSESSMENT OF BENEFITS ON THE
REAL PROPERTY IN EAST S'T'REET IMPROVsMENT DISTRICT NUMBER I OF THE CITY OF
FAYz;TTEVILLE,ARKr.NSAS AND ANNEX NUIMER I TO :AST STREET IMPROVEMENT DISI
TRICT NUMBER I OF THE CITY OF FAYETTEVILLE,ARKANSAS AND DECLARING THE SAME
A LEIN UPON SUCH RE__L PROP.sRTY AND FIXING TH1 TIPS FOR THE PAYMENT OF SUCH
RE -ASSESSED BEBEFITS.
BE IT ORDAINED BY TH3 CITY'COU14CIL OF THE CITY OF FAYETT WLLLE ,ARKANSAS.
Section
Section
I.
Whereas the Legislature of the State of Arkansts enacted Act No.679,approved
March 26th.,I923,authorizing a re -assessment of benefits accruing to and received,
and enjoyed by each lot,tract and parcel of real estate in East Street Improvemel*
District Number I of the City of Fayetteville,Arkansas and Annex Number I to East
Street Improvement District Number I of the City of Fayetteville,Arkaneas,and
Whereas the Assessors have re -assessed such benefits and filed the same with the
City Clerk on the 9th day of April,I923,and Whereas the City Clerk of said City
of Fayetteville issued and caused to be published a notice of the filing of said
re -assessment list as provided in said Act Ne.679 ,
Therefore it is now ordained by the City Council of the City of Fayetteville.Ar
'kansas that several blocks,lots and parcels of real estate in said district be
assessed according to the re -assessment list for said Improvement Districts as the
same now remains in the office of the City Clerk,and that ten per centum of suc`E
re -assessments on each of said blocks,lots and parcels of real property in said
districts shall be paid annually on or before the first Monday in October until
the whole of said local re -assessed, benefits shall be paid. And said reassess-
ment of benefits shall relate back to the filing of the assessment in the first
instance,and shall have the same force and effect as if filed at the time of said
original assessment,and shall be a charge and lien upon the said several lots
'blocks and parcels of if real property in said district.as if the re -assessment
of benefits were the firtt and original assessment of benefits in said districts
2.
This Ordinance being necessary for $he immediate preservation of the Public
Peade,health and safety, an emergency is declared and it shall take effect from
and after its passage.
Passed and approved this 2Ist. day of May,I923.
Attest: Approved:
(Sgd:) C.F.Armistead, (Sgd.) Allen M.Wilson,
City Clerk. Mayor.
' The Report of The Street Commissioner for week ending May I9,I923 was submitted to ,
The Council and on motion made by Aldo Price,seconded by A1d.Jackson and passed by the unanimous
vote -of the Council ,the Report was received and directed to be filed by the Clerk,and the Clerl,
was directed to issue a warrant for II.50 to cover cost of labor as shown on Report. Said War
rant to be issued to Charley Wilcox.
On motion made by Aldo Jackson.seconded by Aldo B3lnton and passed by the unanimous
vote of the Council The Committee on Streets and The Mayor were directed and empowered by the
Council to confer with The County Judge and with The Commissioners of Road District No. 2. in
reference to the improvement of Mission Street. At th1: point the City Engineer made a state-
ment as to the manner in which these improvements to Mission Street should be made.
The Report of the City Engineer on Estimated Cost of Improvements on East Street was pre- I
sented to the Council and on motion made bjr A1d.Jackson.seconded by r_ld. Harding and carried by l
the unanimous vote of the Council this report was received,the Clerk directed to file same and �p
to notify Mr. Tom Taylor as.to this action of the Council.
On motion made by Aldo Jackson,seeonded by Aldo Harding and carried by the unanimoi.
vote of the Council, The Street Commissioner,under the direction of the City ngirieer�, was
directed to proceed with the repair work on Mission Street,the cost of said improvement not to
exceed the sum of 0 I000.00.
The Report of The hoard of Oommissioners of Sewer Improy1ment District Number One,%
was submitted to the Council,read by the Clerk,and on motion made by A
by- A
g( -y
Aldo Price,seconded by.Ald. Harding Wpassed by the lowing vote of the Council, Ayes Alde„
rmen Price,Harding ,Jackson.Stephens.Minton, .Nayes ;None and so declared by the Mayor, fhe
Report was Paper% -ass adopted/ and a copy 18 as follows:
REPORT OF THE BOARD OF QOMMISSIONERS OF SEWER IMPROVEMENT DISTRICT NUMBER ON3 OF THE
CITY OF FAYETTEVILLE;ARILINSAS„RECOMMEIQDING TO THAW' CITY COUNCIL OF THE CITY OF FAYETTEVILLE
ARKANSAS,CR,RTAIN REPAIRS .ND IMPROVEMENTS IN SAID SEWER IMPROVEMENT DISTRICT*
TO THE CITY COUNCIL Or' THE CITY OF FAYiET'TEVILLE,ARKANSAS:
We,the undersigned Board of Commissioners of Sewer Improvement District Number One
of the City of Fayetteville,,Arkansas,at a meeting held by said Board on the 20th.day of Aprilill
I923,unanimously decided that it is necessary to extend the sewer mains and to enlarge the Sewi
er Plant and to replace old pipes with new,within Sewer Improvement District Number one of the
City of Fayetteville,Arkansas,for the benefit of the public serviee,and that there are not suf-
ficient funds on hand, belonging to such @mprovement District available for such purpose. We,
therefore,ask your Honorable Body to take suck Bt eps and to make such provisions as are'necess-
ary for the making of such improvements,a.nd to assess the boot thereof against the real proper-
ty located within such Improvement District, in accordance with the provisions set forth in Act
No. 507 of the Abts of the General Assembly of the State of Arkaneas,I923,whieh Act was approved
March 20,I923,
Respectfully submitted,
(SGD.) Jay Fulbright
(SGD.) C.W.Appleby
(SGD.) J.C.White Board of Commissioners of
Sewer Improvement District
Number One of the City of
*n a Fayetteville,Arkansas.
Alderman Price introdu ed the following Resolution and moved its adoption; this motion was
second 1d. Harding d carried by the following vote; Ayes; Aldermen Price,Harding,
Jackso n on, Nayes; Non and so declared by The Mayor,aei X copy of the Resolution is as
follows?
RESOLUTION WITH REFERENCE TO CERTAIN REPAIRS AND IMPROVEMENTS IN SEWER IMPROVE
�p IG1•(G� MENT DISTRICT NUMBER ONE OF THE CITY OF FAYETTEVILLE.ARKANSAS.
WHEREAS, on the 2Ist day of May,I923,the Board of Commissioners of Sewer Improvement Dietricki
Number one of the City of Fayettebille,Arkansas,presented to the City Council of the City of Fay
etteville,Arkansas,a written report,stating that it was necessary to extend the Sewer Maine.and
enlarge the Sewer Plant and to replace old pipes with new within the Sewer Improvement District
Number One of the City of Fayetteville,Arka.nsas,for the benefit of the public service,and that/X
there were not sufficient funds on hand belonging to such Improvement District available for
such purpose;
WHEREAS,said Board of Commissioners asked the City Council to take such steps and to make such
provisions as are necessary for the making of such improvements and to.assess the cost thereof
against the real property within said Improvement District;and
WHREAS, this Council is well advised in the premises ,and is well aware that said improvement;
and repairs are needed.
NOW, THEREFORE,BE IT RESOLVED BY THe CITY COUNCIL OF THE CITY OF FAYETTEVILL,ARKANSAS:
SECTION ONE: That it is the opinion of the City C ouncil that it is -necessary to extend the Sew
er Mains and to enlarge the Sewer Plant,and to replace certain old pipes with new,within Sewer
Improvement District Number One of the City of Fayetteville ,Arkensas.for the benefit -of the pubk;jt
service,and that there are not sufficient funds on hand belonging to such Improvement District a
vailable for such purpose.
SECTION TWO. That the Board of Commis sioners of Sewer Improvemenp District Number One of the
City of Fayetteirille,Arkansas,are.hereby requested to form plans for such improvements as are
needed,and to procure estimates thereof ,and to report the same to the City Council,
SECTION Three: T%htk all Resolutions and parts of Resolutions in conflict herewith,be,and the
same are hereby,repealed,and this Resolution shall take effect and be in force from and after
its passage and approval.
(Sgd.) M.L.Price.
Passed and approved this list. day off May,I923. _
Attest;Approved:
(Sgd.) C.F.Armistead, (Sgd.) Allen 1A.Wilson, Mayor. -
City Clerk.
A "Building Code for the City -of Fayetteville,Arkansas” was submitted to the Council
by Aldo Priee,Chairman of Committee appointed for this purpose and on motion made by Ald.Price, '
seconded by A1d.Harding and carried by the following vote, Ayes; Alderman Pr1ce,Harding,Jack-
son,Stephens,Minton, Nayes; None„ and so declared by the Mayor,the Code as submitted was ad=
opted.
Alderman Price introduced the following Ordinance,which was read for the first ti:ne,where-
upon Alderman Harding moved that the.Rules be susiended and the Ordinance be placed upon its sep
and reading;this motion -r;as seconded by Aldo Price and carried by the following vote, Ayes; Alde
rmen Price,Harding,Jackson,Stephei;s,kiinton, Nayes; None ,and so declared by the Mayor. Alder-
man Harding then moved that the Rules be further suspended and the Ordinance be placed upon Its
third reading and final passage;this motion was seconded by Aldo Minton and carried by the Poll- ,
owing vote, Ayes; Aldermenn Price,Harding Jackson,Stephens.ldinton,nq'so'declared by the Mayor,
who than called for the vote on the passage of the Ordinance,which has: Ayes; Aldermen Price,
Harding,Jackson,Stephens,Idinton, Nayes; None. The Mayor then declared the Ordinance passed
and a copy is. as follows: ,
Ordinance
AN
ORDINi1VCE REGULATE, BUILDING WITHIN
THE
CITY
OF FAYETTEVILLE AND PROVIDE
FOR
THE SAFETY PROT.ECTION.OF PROPERTY
AND
FOR
OTHER PURPOSES.
BE IT ORDAINED DY THE CITY NOUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS,
Section I. That all buildings owhatsoever nature shall be constructed in accordance with tho
Building Code of the City of Fayett vi11e.,Arkansas,which was adopted by the City Council of the
City of Fayetteville,Arke.tnsas, on t4 21btX day of May,I9230
Section 2. That hereafter it aha 1 be unlawful for -any person,persons,firm or corporation
to errect a building of any character in.the City of Fayetteville,Arkansas,without first submit-
ting his orthetr plans and specificat ons,also location by lot and block number and the use for
which such building is to be used,to th City E31ginegr.
Section 3. It shrll be the duty of the City Engineer to promptly examine the same and -submit th:e,
same to the City Counoirwith uc�_h recommendation as he deer proper to make.
Section 4. It shall be the duty of the 0ity Council to examine promptly.and carefully the repor�
of the City Engineer when-made,and if it is�found that the building so errected would not ren-
der the property less safe and will not be detrimental'to the property of said city it will be
the duty of the City Council to issue a licene to said party to errect said building in accord-
ance with such plans and specifications,( A ch rge of � r
8.,50 will be made for a permit to e
ect a building within the fire district and a ch rge of $3:50 will be -made for a permit to er-
ect a building outside of the fire district. Sa id fee shall be paid by the person making
the application for permit to the City Collector the City of Fayetteville,Arkansas,and a AM&
receipt shall be submitted to the'City Lngineer wi the plans and• specifications.
Section $. Any and all persons who violate any of t e provisions of this Ordinance or fail to
comply thekrewith,or who shall violate or fail to eomf!� with any order or regulation made there-
under or who shall build in violation of any detailed tatement of specification or plan sub-
mitted and approved thereunder or any certificate or pe it issued thereunder ,shall severally
for each and every such violation and non-compliance reap tively forfeit and pay a penalty in
the sum of $ 25.00. The imposition of one penalty for an violation of this Ordinance shall
not excuse the violation or permit it to continue;and all sued persons shall be required to.cor
rect or remedy such violations or defects within a resonable time and when not otherwise specifi
ed each ten days that prohibited eonditiond are maintained shall'consttute a separate.offense.
The application of the above penalty shall not be held to prevent the enforced removal of
prohibited conditions and any structure erected without permit or not in conformity with this or
dinance shall be removed.
Section 6. All Ordinances and parts of Ordinances in conflict herewith are hereby repealed.
Section 7. .This Ordinance shall take effect and.be in force from and after its passage „approv
al and publication. (Sgd.)M.L.Price
Passedand approved this 2Ist, day of Majr ,I923.•
Attest: Approved:
(Sgd.)
C.F.Armistead,
City Clerk.
(Sgd.)Allen M.Wilson,Mayor.
On motion made by A1d.Jeckson,seconded by Aldo Harding and carried by the unanimous vote
of the Council the City Engineer was directed to issue building permits to the following persons'
Otto V(antuck,residence,lot 4,Block 39,0riginal Town; Mrs B.Frahs,residence 2d. and East Street.)
A.A.Aumiek,Garage.,Lot IO,Block 29,0riginal 'lown,all to be build under the new Building Code.
The following accounts were presented and on motion referred to the Auditing Committee:
Western Union Telegraph Co. I.68 Bear. State Oil Co. u�
Campbell Filling Station 6.70 VI.S.Stirman I.10
No further business appearing ,.the Council adjourned at 9:I5 P. m.
Attest: � ��. 0."^,�"�
Approved:
City Clerk. Mayor.
REGULAR MEETING OF THE CITY COUNCILS HELD MAY 28th.,I923
Y
Present:' The Mayor ,Clerk, Aldermen Price;Harding,Phillips,Stephens,Minton• r
Absent : Alderman Jackson.
Mr Griffin,Representative for the Austin -Western Road Machine Company appehred
before the Council in the interest of his machines. On motion made by Aldo Priee,seeonded b
,•Al#. Minton and passed"by the unanimous vote of the Council,the matter of purchasing a street
sweeping machine was deferred to next meeting.
The weekly report of The Street Commissioner was submitted to the Council, with account foe
labor employed.for week endin g May 26th.9I923, as follows:
Charley Wilcox, 48 hrs C.33 I/3 per hr. I6.00 .
On motion made by A1d..Harding,seconded by Aldo Minton and passed by the unanimous vote of the
Council the report of the Street Commissioner was reoeived,dircted to be filed by the Clerk,and
the Clerk was directed to draw a.warrant in favor of Charley Wilcox for I6.00
At this point Aldo Jackson entered and took his seat .
The Fayetteville Gc�s and Electric Co. submitted the following proposition:
Fayetteville,Arkansas May 2491923.
lighting bommittee,City of Fayetteville
,Mr. C.T.Harding;
Dear Sir:
You are at present paying $68.80 for 24- 250 c p White Way lights and we offer to
place I2- 250 c p lamps and 32 - I00 o p lamps ,at places designated by your oommittee,for the
total sum of$88.00 .per month. This represents a reduction of I0% under what you are now pay-
ing,or 03.25 fot the 250 C P and $I.50 for the I00 c p lamps.
Location of 250 c p: Location of I00 C P:
I Corner Arkansas Ave & Dickson I On pole East of Depot
I Chappion,Confectionery 3I. To fill all White Way Posts except I2 locations
I Frisco Drug_Store indicated for 250 C P Lamps.
I Bates Bros.
I School and Diokson
I Locust and Dickson
I Block and Dickson
I Block and Spring
I Block and Meadow
I Fire Station
I Cozy Confectionery
I Washington Co.Hdw. Co. Yours truly,
Fayetteville Gas & Electric Co.
Per (Sgd.) V.Mc Daniel,Manager.
On motion made by. Aldo Harding, seconded by A1d.Minton and carried by the following vote,Ayes;
Aldermen Prioe,Harding,Jackson,Stephene,Phillips,Minton, Nayes; None, and so declared by the
Ma or the above stated ro osition made by the Fayetteville Gas and 31=etric Cc was accepted by
y ► P P
The .Council.
rr•Dick Blaokner made application for license to operate a taxi -cab ,which was granted by the
C