HomeMy WebLinkAbout1924-07-28 Minutes928
-i7
ADJOURNED IEETING OF THE CITY COUI4CIL �
HELD JULY23rd,1924.
Pursuant to adjournment the Council met in the Office of the Mayor,at 7;30 p.m. of July,192
those present being the Clerk, Aldermen Drake, Harding, Mintun and Phillips;absent, the Mayor,
Aldermen Jackson and Price.
On motion bS Alderman Mintun, seconded by Alderman Harding and carried by the unanimous vote
of the members present, Alderman Phillips was chosen as Chairman pro tem.
The Chairman pro tem stated the purpose of the meeting to be the continuance of the hearing
on the appeals from South College Abenue Improvement District Number One of the City of Fayette=
ville, Arkansas, according to a motion recorded at page 923 o£ this record.
The Mayor entered at this time.,and presided over the remainder of the meeting.
After a general discussion of the affairs of the District by the aptorney for the District,
members of the Council and Citizens of'the District,and the Mayor,a motion was made by Alderman
Drake, "That the further hearing 6f the appeals from South Ciilege Avenue Improvement District
Nu.0ber One 'be continued to August 25th, 1924." This motion was seconded by Alderman Phillips
and received the following.vote; Ayes Aldermen Drake Harding, Mintun Phillips; nays none; absent
and not voting Aldermen Jackson and Price. The Mayor declared the motion passed. '
11r H.hi.Hudgens presented a proposition to the Council looking to the paving of a portion of
Rock Street from Block Avenue to Church Avenue,asking that the City aid to the extent of doing
the grading and rolling,preparatory to placing the concrete; whereupon Alderman Phillips moved
that the City Engineer be instructed to make an estimate of the expense to the City of doing the
necessary grading and rolli1g. this motion was seconded by Alderman Harding and received the fol
lowing vote; Ayes Aldermen Drake, Harding, Mintun, Phillips, nays none, absent and not voting
Aldermen Jackson and Price,and ;:as declared passed by the Mayor.
No further business appearing the Council adjourned.
Attest, Clerk. Approved, Mayor.
REGULAR M22TING OF THE CITY COUNCIL,HELD
JULY 28th,1924.
Present the Mayor, Clerk, Aldermem Drake, Harding, Jackson, Mintun and Price;absent Alderman
Phillips.
By consent the reading of the Minutes was postponed. ,
The report of the Street Commissioner'for the week ending July 26th wL:s read and on motion wa
ordered filed.
On motion by Alderman Harding seconded by Alderman Jackson the Clerk was ordered to draw war-
rants for the street laborers as listed below,the motion being carried b� the unanimous vote of
the members present;
Ellis Sutton $30.00; Charles Wilcox X18.00; swing '.iebb X15.00; Ed I:alone 9018.00; and
T.N.'.ebster "13.12.
The petition of Oliver Lollar for permission to out the pavement on East Lafayette Street
to make connection with the water and sewer mains,on motion by Alderman Harding,seconded by Alder
man Drake and carried by the unanimous vote of the members present,was granted subject to the app
approval and under the supervision of the City Engineer.
A permit to drive an Auto was granted to Stanley Id4ayes,subject to the approval of the Chief
of Police.
A communication from Bruce Holcomb as to a change in the sidewalk in front of the property of
the Fayetteville Lbr. & Cement Co. on School Avenue was referred to the City Engineer with power
to act.
A building permit was granted to Oliver Lollar for the erection of a residence on East Spring
Street.
The City Engineer reported on the petition of Mrs Boyd in reference to an alley adjacent to
her property,and recommended that no action bd taken;which report was approved be the Council. ..-
Wiley McNair for himself and H.E.Jackson proposed to the City that they would pave one block
on Mission Street if the City would appropriatew400.00 to pave the two intersections adiacent '
thereto.:•!hereupon Alderman Mintun moved that an appropriation not to exceed the sum o£ .P400.00
be made for the purpose of meeting the proposition of Jackson and PMcNair.This motion was seconded
by Alderman Harding and received the following vote; Ayes _ldermen Drake, Harding, Jackson,Mintun
Price; Nays -none; Absent and not voting Alderman Phillips,and was declared passed by the Mayor,
Alderman Price introduced an Ordinance which was read the first time. Alderman Harding then
moved that the Rules be suspended and the Ordinance placed on its seconed reading. This motion
was seconded by Alderman Price and received the following vote; Ayes Aldermen Drake, Harding,
Jackson, Mintun, Price; nays none; absent and -not voting Alderman Phillips and was declared passe ,
by the Mayor. After the second reading of the Ordinance, Alderman Harding moved that the Rules be
be further suspended and rhe Ordinance placed on its third reading and final passage, this motion
was seconded by Alderman Price and received the following vote; Ayes Aldermen Drake, Harding,
Jackson, Mintun, Price; Nays none, Absent and not voting Alderman Phillips, and was declared
passed by the Mayor who then called for the vote on the passage of the Ordinance which was Ayes
..ldermen Drake, Harding, Jackson, Idintun, Price; Nays none; Absent and not voting Alderman Philli
The Mayor declared the Ordinance passed. A copy follows; -
ORDINANCE NUMBER 521.
AN ORDINANCE TO BE ENTITLED "AN ORDINANCE TO AMEND SECTION FOUR OF
ORDINANCE NUI,BER 452 TO REGULATE THE TRAFFIC UPON THE PAVED STREETS IN TIS CITY OF FAYET'T"VILLE,
ARKANSAS."
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLil,ARKANSAS:
SECTION ONE;
That Section Four of Ordinance Number 452 of the City of Fayetteville, Arkansas,
VN
amended so as to read as follows;
VN "Hereafter it shall be unlawful for any person or persons to drive or move any vehicle or
1�3.k.
object of whatsoever kind over and upon any paved street in the City of Fayetteville, Arkahsas,
,t % when the maximum gross weight,including weight of vehicle on one wheel,shall exceed on a one inch
tire,400 lbs.,on a two inch tire800 lbs.,on a three inch tire,1400 lbs.,on a four inch tire,2200
929
lbs.,on a five inch tire, 3200 lbs."
SECTION TWO; '
That any person violating any of the provisions of this Ordinance shall be fined
in any sum not less than $25.00 nor more than $1000.00 for each offense.
SECTION THREE; ,
That this Ordinance shall be cumulative and shall only repeal Section Four of
said Ordinance 452 of the City of Fayetteville, Arkansas, and shall be in force and take effect
from and after itd passage, approval, and publication.
Approved; Allan M. ,"Wilson, Mayor
Attest; J.C.Kastie, Clerk.
Alderman Jackson introduced an Ordinance which was read the first time, whereupon Alderman
Jackson moved that the Rules be sudpended and the.Ordinance placed on its second reading; this
moyi-)n was seconded by Alderman Harding and received the following vote; Ayes Aldermen Drake,
' Harding, Jackson, Mintun, Price; Nays mqne; Absent and not voting Alderman Phillips,and was
declared passed by the Mayor. Aider the second reading of the Ordinance Alderman Harding moved
that the Rules be further suspended and the Ordinance placed on its third reading and final
passage. This motion was seconded by Alderman Mintun and received the following vote; -Ayes
Aldermen Drake, Harding Jackson ,Mintun Price; Nays none,; Absent and not voting Alderman Phillps
and was declared passed by the Mayor,The Ordinance was read the third time, whereupon the Mayor
called for the vote on the passage thereof, which was as follows -Ayes Aldermen Drake, Harding,
Jackson, Mintun, Price; Nays none; Absent and not voting Alderman Phillips. The Mayor declared
the Ordinance passed and a copy is as follows;-
, ORDINANCE NUMBER 522. .
AN ORDINANCr TO BE ENTITLED "AAI ORDINANCE TO ACCEPT AND ESTABLISH
VANDEVFNTER AVENUEAND TO R;LIN':�UISH THE CITY'S RIGHTS 'r0 CrRTAIN ALLEGED STREETS IN TIE CITY OF
FAYEI"TEVILLE ,ARKANSAS ,AND FOR OTHER PURPOSES."
WHEREAS, Vandeventer Avenue in the City of Fayetteville, Akkansas,is now open and establish
ed,and now is, and has been for several years,used as a public -street in said City,and
'NHEREAS,the old County Court Plat heretofore filed as a part of the City of Fayetteville, A-
Arkansas,shows a street,unnamed,about 140 feet East of Vandeventer Avenue and running parallel
therewith,and
:7HE2EAS,said unnamed street was never opeadd or used as a public street but has at all time
been hald,used and occupied by private parties,and
1:711,2EAS,a revised.%of Block Four of County Court Addition to the City of Fayetteville, Arkan-
sas, was on the 28th day of July, 1924,filed with the Recorder of Washington County,Arkansas,
not showing the unnamed street as shown on the original old County Court Plat as being a street
but showing Vandeventer Avenue as a Public street,
THEREFORE ,BE IT ORDAINED BY THE CITY COUNCIL OF TIM CITY OF FAYETTEVILLE,ARKANSAS;
SECTION ONE; That Vandeventer Avenue as shown by the revised plat of Block Four of County 9-
' Court Addition too the City of Fayetteville, Arkansas,be,and the same is by the said City,
accepted hp a public street and the supervision, control, and jurisdiction of said street beinry
by said City accepted and assumed by this Ordinance. 0
SECTION T170;That all of the right or interest that the city may have claimed or had by reasa"-�
of the filing of the old County Court Plat,which showed on said Plat an alleged ttreet about 140
feet East of Vandeventer Avenue and running parallel therewith North and South,be relinquished
and all of the interest or apparent interest that the said city may have acquired by reason of
said Plut showing said unnamed street,is hereby waived and shall inure to the benefit of the
parties owning or claiming to own said property at this time.
SECTION THREE; That all ordinances or 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 tr-
its passage, approval and publication.
Approved; Allan M.Wilson, Mayor
Attest; J.C.Massie, Clerk.
Alderman Jackson moved that the City -Attorney prepare a notice of the new traffic ordinance
and that the City Clerk have the same published in the Fayetteville Democrat, and in the weekly
newspapers. This motion was seconded by Alderman.Price and received the following vote, Ayes;
i_ldermen Drake, Harding, Jackson, Mintun, Price; Nays none, Absent and not voting Alderman
Phillips, and use declared passed by thr Mayor.
' d Alderman Mintun introduced an ordinance -:hich was read the first time, whereupon Alderman
Harding moved that the Rules be suspended and the ordinance placed on its second reading. This
motion was seconded by Alderman Jackson and received the following vote; Ayes Aldermen Drake, �9-
Harding, Jackson, Mintun, Price; Nays none; Absent and not voting Alderman Phillips,and was
declared passed 5, the Y yor. After the second reading of the ordinance, Alderman Price moved t=
that the Rulesbb further -suspended and the ordinance placed on its third reading and final
passage. This motion was seconded by Alderman Drake and received the following vote; Ayes
Aldermen Drake, Harding, Jackson, Mintun, Price; Nays none Ahsent and: not voting Alderman Philv04
and was declared passed by the I:Iayor. After the third reading of the ordinance the Mayor called
for the vote on its passage, which was as follows; Ayes Aldermen Drake, Harding, Jackson Mintun
Price; Nays none; Absent and not voting Alderman Phillips, The Mayor then declared the OrdinancA.
passed. Acopy follows; -
ORDINANCE NUMBER 523.
AN ORDINANCE TO BE NTITLED,"AN ORDINANCE. CONTRACTING 131TH MORENO-BURKIIAId CONSTRUCTION COM!
PANY,A CORPORATION,TO REPAIR AND MAK_., II:PROVEIe1ENTS ON CK'RTAIN STREETS WITHIN TIE CITY OF FAYETTO�
VILLE,ARKANSAS; AILD TO FURNISH THE NECLSSARY MATERIAL, '::ORK AND LABOR FOR THE SAME;ARD TO PROVD�
FOR THE PAYIEENT OF SAID MATERIAL,',7ORK AND LABOR".
BE IT ORDAINED BY THE CI`T'Y COUNCIL OF THE CITY OF FAY�,TTEVILLE,ARKANSAS;
SECTION ONE; That repairs and improvements be made upon the following streets in the City e'
of Fayetteville, Akkansas,at the places herein named, to -wit;
School Avenue at Spring Street;School Avenue at I,Ieadow Street;1chool Avenue atCenter Street;
School Avenue at II.p.:ountain Street;School Avenueat Rock Street; School Avenue at Siuth Street;
endo$ri 1T18u.5•tTat Tratrl e'eggreet* School Avenue at First Street;2rairie Street at '.'lest avenue;
09:0
a
-zq
SECTION TWO: That said improvement shall consist of paving the intersections of said street �
and the construction of necessaryoculverts and drains to take care of the drainage which must
pass under the paving from.the adjacent territory next to said intersections of said streets.
SECTION THR;Z :The City of Fayetteville, Arkansas, bj the City Council of said City hereby e --
contracts with the Moreno-Burkham Construction Company, a Corporation,to do and per•,:orm the wor/
and labor and furnish the. necessary material for the repair and construction as herein set fortk-
on said streetsand at said intersections of streets as herein mentioned,said improvements to be
according to the plans and specificationson file in the office of the City Engineerof the City
of Fayetteville, Arkansas. The City of Fayetteville,agrkes_:to pay to the said Company as follow
For all work,,A6,bor and material furnished,the City of Fayetteville, Arkansas, agrees to pay as
follows;
1200 square yards of asphaltic pavement at $3.00 the yard,$3600.00;
600 square yards concrete pavement at $3.84 per square yards52304.00.
Total amount to be paid by the City of Fayetteville in this contract is the sum of Fifty- ,
Nine Hundred and Four (55904) Dollars,which amount the Council finds to be a fair and just
compensation for said material furnishedand work and labor to be performed in badh improvement.
SECTION FOYR:Upon the completion of repairs and improvements upon said streets,at the place
hereinbefore described,by said moreno-Burkham Construction Company, a corporation,and the
acceptance of said materials used and work and labor done in said repairs and improvementsby
the City Council of the City of Fayetteville, Arkansas --said City of Fayetteville agrees to pay
said Moreno-Burkham Construction Company, a corporation,Fifty-Nine Hundred and Four (5x5904) Dol- '
lars 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 amounts
and on the following dates, to -wit;
First
year,
August
1,1925,
$738.00
second year,
august,1,1926
705.20
Third
year,
Augustl.,1927.
672.40.
Forth
year,
August
1,1928
639.60
Fifth
year,
August
1,1929
606.80
Sixth year, Augustl,1930 $574.00
Seventh year, August 1,1931 541.20
Eighth year, August 1,1932 508.40
Ninth year, Augustl,1933 475.60
Tenth year; August 1, 1934 442.80
If the City of Fayetteville 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
of,to pay said owner of said warrant the sum of eight per cent interest per annum on said war-
rant from the date of such default,until the said sum of is fully paid,as an agreed and stipulat —
ed amount on the part of the City of Fayetteville for its failure to perform its contract with
said Moreno-Burkham Construction Company,a corporation, or the owner of said warrant.
SECTION FIVE: This contract shall be binding on the City of Fayetteville, Arkansas, from ani
after the passage, approval and publication of this Ordinance,and the acceptance of the same by
the said Moreno-Burkham Construction Company, a corporat ion,on its part.
The City of Fayetteville, Arkansas,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 per-
formance of the contract herein set forth on the part of the said I.4oreno-Burkham Construction --er
Company,a corporation.
SECTION SIX; This Ordinance shall take effect and be in force from and after its passage, W�
approval and publication.
Passed and approved this 28th day of July, 1924.
Attest; J.C.Massie, Clerk.
Approved; Allan 11,17ilson, Mayor.
The complaint of Mr. DesNoyer as to the condition of Locust and Rock Streets at their
intersection was referred to the Street Committee,
The City Engineer reported that the grading asked for by citizens on Rock Street between -ii#
Block and Locust would cost about 5$130.00;whereupon Alderman Harding seconded by -Alderman Mintugti-
moved that the matter of doing the work asked for be referred to the Street Committee and the
City L'ngineer with power to act.
On motion by Alderman Ivlintun, seconded by Alderman Drake,the Mayor -was authori zed to buy
a machine for marking parking lines &c on the streets. //
On motion by Alderman Price seconded by Alderman Mintun the Council adjourned to August lltk.
1924.
Attest; -
Clerk. Approved; _
v Biayor, .
I�
LI