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HomeMy WebLinkAbout1925-04-03 Minutes1031 REGULAR I,LETING OF 'i'YE CITY COUNCIL. HELD AUGUST 3rd,1925. Present and presiding the I;iayor, the Clerk. -Aldermen Drake, Harding, ilintun, Phillips Price and '.ages. The minutes of the prlvious meeting -,vere read and approved. The reports of the lolice Judge and the City Collector were presented and referred to the Auditing Comm��i//tt!iee. The -repvt`6✓of the Fire Chief was received and ordered filed. ' The meekly report of the Street sweepers ay.,.s received ', ordered filed and nmmotion by Alderma?^� Harding, duly seconded and passed, the Clerk was directed to issue warrants to the.sweepers, Jim 'Atehell $18.00 and '.redrew Bunds ,424.00. The bills listed below ,.ere approveLt by the Auditing Committee and Alderman Harding moved that they be allowed and the Clerk directed to issue warrants for the same, this motion %aas secofl-4, r ded b Alderman Liintun and received the following vote; ayes Aldermen Drake, Harding, idintun, Phillips, Price .;ages, and was declared passed gy the Mayor. Bills. ' Democrat Printing Co. 03.00; John Zillah, $115.00; Ferguson Lumber Co,. 524:32; Goss -Rogers E1ec; Co. tir1.95; Wages Brothers Construction Co. y'6.15; !7. L.Crouch %?11,.00; Fayetteville, Printing Co. $'7.75 Southwest Power Co. '380.25; S. -.Chambers s'?10.00; J.':.Shelley .$8.50; E.V.hird Construction Co. 9126.60. Permission was granted for installing an Oil tank in the alley soulhnof the Cravens-McRoy building on Center Street, South side, subject to the approval of the City .ngineer. The resignation of Loy L.Barton as'Commissioner of Annex No. One to ".'est Lafayett Improve- ment District Number One of the City of Fayetteville, aas pre;-ented, and on motion duly made, seconded and passed, was accepted: A communication from the City ngineer to H.I:S.Power s, declining to accept the sidewalk alon the North side of South "treet bet.+een Block and East Streets, was read to the Council. The follo•iing building permthts were granted subject to compliancewith the building code; Lire. ..S.Blackburn, residence, Lot 15, County k.ourt 1:1at. Lona Slaughter, residence,Block ..0, Gunter Addition. Alderman Har ing introduced the follo:ing res(blution and mover its adoption, Alderman Drake s seconded th moyion c.hich received the follo-:iing vo(t Ayes AldermenDDake, Harding, :iintun, Phil- lips, Price, "!ages; nays none and :vas declares passed by the ;..iayor. RESOLUTION* a .!HER1:AS, there is now a vac ncy in the Bo and of Improvement for Annex Number One to :`!est Lafayette Improvement District Number One of the City of Fayetteville, Arkanses,by reason of the resignation of Loy E. Barton;and WHEREAS. J.F.Backstrom has signified his :willingness to serve as such; HOI'l,'THREREFORL1,Bh IT RESOLV.�D BY THE CITY COUNCIL OF `1'Hz, CITY OF FAY'r.TTEVILLE ARKANSAS: SECTION ONE: that J.F.Backstrom be, and he is hereby appointed as a member of the Board of Improvement for Annex Number One to ,Nest Lafayette Improvement District Number One of the City of Fayetteville, ::rkansas. SECTION• 1'l'i0; That all resolutions or parts thereof in conflict herewith be, and the same are hereby repealed, and this resolution shall take effect and be in force from and after its pass- age and approval. lassed and aproved this 3rd day of August,1925. C.T.Harding. Attest J.C.Ivlassie, Clerk. Approved; Allan 14. Viilson,Ma�or. The City Treasurer brought to the attention of the Council a promisory note, signed by I.G.Combs, B.F.Campbell and J.T.Taylor as the Board of !'tater and Sewer Commissioners,under date of ivlarch 11, 19119 for .;71,500.00,and showing balance due of X1,000.00 with interest, said sum of $1,500.00 having beer, borrowed from the Fire Fund of the City. Accompanying the note was a communication from J.H.IicIlroy, Chairman of the cater and Sewer Commission requesting the Course = cil to take some action as to the final disposition of the matter. After some discussion, Alderman iatntun moved that the ale_. -k be directed to notify the Board of :,rater and 'ewer Commissioners that the Council re uests the balance of 1?1,000.00 due on the note ' without interest be paid into the Fire Fund of the City of Fayetteville, Arkansas. Alderman Price seconde the motion whtaich received the following✓ vote; ayes Aldermen Drake, I.iirntun, Phillips, Price, Wages, alV1101orl0#04i s� / /��I /f ��}�( nays, Hardi;hg,and was declared passed by the Mayor. j Also a note for the sum of 5p720.35,signed by H. Sour as Superintendent of theli#1 Vater Plan and indorsed by B.F.Campbell asChairman, and J.T.Tayloy as Sec'"y, and bearing the further indorsement in type, to the effect that none of the signers is personally responsible for the payment of the note, was presented. without inte5�!6- Alderman Drake moved that payment of the said.note into the General Fund of the City be requests/ and that the Clark be dir cted .�o o �ii�Af�e��Evec o�nA $S11lgti!Rga#4teew� egopl�3rm®neDorke I:lintun A iderman Wages seconderhe mo ioi w Phillips. Price, Wages; nays Alder,am Harding, and was declared passd by the Ilayor. A communication from H.L.Pear:.•on requesting postponement of further action in regard to the membership of the Board of Control for the :dater Plant,which was accedes to 1032 Alderman Price introduced an ordinance providing -'o-r levying the assessment in Douglas Street Improvement ,District which was read the first time. `Alderman Harding moved that the Rules be suspended and the Oiddinance placed on its second reading. This motion was seconded by Alderma Drake adsreceived the following vote; ayes Aldermen Drake, Harding, idintun, Phillips, Price, Wages, nays none, absent and not voting none and was declared passed by the ivlayor.The ordinance was read the second tme. Alderman Phillips moved that the Ru les be further suspended and the o dinance placed om its third reading and final passage. Ald rman Hard ng seconded this mon which received the following vote; ayes Aldermen Drake, Harding, Iaintun, Phillips, Price; ant's none; absent and not voting none and was declared passed by the Mayor., The Ordinance was read the third time. The mayor then called for'the vote on the passage of the ordinance, which was as doll lows; ayes Aldermen Drake, Hardimg, 1.1intun, Phillips, Price, Wages, nays.none; absent and not voting none, and the Mayor declared the Ordinance passed. A copy is as follows;- OHHINANCE N0. 562. I AN ORDINANCE TO BE ENTITL_;D " AN ORDINANCE TO LLVY THS r'_SSESSItENT UPON THE, REAL PROPERTY WITHIN DOUGLAS STREET IMPROVEMzNT DI TRICT IdUMBsR ON_ OF THE CITY OF FSYET'PEVILLE,ARKANSAS.° V+HFREAS, - the majority in value of the property holders owningppeperty adjining the lot& t to be affected and situated in Douglas street Lmprovem nt District Number.One of the City of Fayetteville, ..rkansas,organized for the.purpose.of grading, rolling and paving the streets, andlparts of streets within said Dougla s -tre.;t Improvement District Number One of the Cit Of Fayetteville, Arkansas,have petitioned, the City Council of the City of Fayetteville, Arkansas, for the construction of said improvem nt and that the costs thereof shall be charge- and assessed against the real property within said District according to the benefit to be received, and WHEREAS, said benefits teceived by each lot,..block or parcel of real property situated within said District e.uals or exceeds the local assessments; and :IHEREAS , the estimate of cost of said improvement is $7500.00, NOVI9THE EF ORs' BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 0 F FAYET`_EVILLE ARKANSAS: SECTION ONE,: that said several lots, blocks and parcels of real property ;ithin the Distr District be assessed according to the ass a ssment list for said Improvers:ent Districtas the same no!•; remains in the office of the recorder or City Clerk; and th t 10 per centum of said Lots, blocks. and parcels shall be paid annually on or before the first Monday in January until the. whole of the said -local assessment shall be paid. SECTION TWO: thffit 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 its passage, approval and publication. Passed and approved this 3rd day o£ August, 1925 Attest J.C.Massie, Clerk, Approved; Allan ivi. Wilson, Mayor. I Alderman .'ages introduced an Ordinance regulating the office of City Engineer, which was read the fir tt time. Alderman Price moved thffit the :rules be suspended and the Ordinace placed on its decond reading. Alderman Hintun seconded this motion which received the follo.=ling vote; ayes Ald- ermen Drake, Harding, Mintun, Phillips, Price, :gages; nays none, and was declared passed by the i,fayor. The Ordinance was read the second' time, and remains open for discussion. I Roy Vickers reUueste permission to cut the pavement on School -IXIIIX Avenue for the purpose of making •ovater connection, Om motinmby Alderman Harding, seconded by Alderman Phil lips and passed uy the unanimous vote of the Council,th: permit was granted subject to the regulations concerning deposit,bond and repairs. I Alderman Mintun moved tha t the City i;nginear be directec to proceed with the construc- tion of a step at the termination of the sidwoalk at the inter-ection of Dickson and West, according to plans agreed on. This motion was seconded by Alderman Ha.ding andwas declared p passed by the Mayor on the unanimous vote of the Council theEifffor. The City Attorney was directed to prepare an Ordinance to promote public safety by.pro- hibiting riding on running boards, holding to a car ;while riding a b*cycle, riding i:10torcycl es or bicycles without lights at night, and prescribing danger signals for projecting loads. Alderman Mintun introduced an ordinanceontnacting with C.A.I1oreno for improvements on E'iest Spring Street, which was read the first time. Alderman Price moved thati the Rules be suspended and the ordinance palced on its sec- ond reading. Alderman Harding seconded the motion 'r;nich received the £ollolaing vote; ayes Aldermen Drake, Harding,IiIintun, Phillips, Price, Wages; ant's none absent and not voting none and ;,as declared passed by the Mayor. The ordin<=nce was read the second time. Alderman Price moved that the R ules be further suspended and the ordinance placed on its third reading and final passage. Aldrman Iiintun seconded this motion which received the follo1i;ing vote; ayes Aldermen Drake, Harding Mintun, Phillips, Price, Wages; nays none;absen and not voting none and was declared pssed by the I.1ayor. The ordiance was read the third tim 1. The Mayor them called for the vote on the passage of the ordinance which was as follows; ayes, Aldermen Drake, Harding, Mintun, Phillips, Price, Wages; nays none; ansent and not voting none and the ordinance was declared passed by the Mayor. A copy is as follows; - ORDINANCE N0.563. I AN ORDINANCE TO BE sNT'ITLED " AN ORDINANCE CONTRACTING WITH C.A.MORENO,TO REYAI$ AND IdAE.E IMPROVEM�:NTS 014 CERTAIN STR'E'ETS WITHIN THE; CITY OF FAYETTEVILLE,ARKANSAS ; Alb TO FURNISH THE: NECESSARY i,ia`PERIAL,`1 ORK AND LABOR FOR TH : SAIVII::ND TO PROVIDE FOR THE PAYMENT' OF SAID 114.TERIAL , .PORK AND LABOR. " , BE IT ORDAIiiED BY TH3 CITY COUNCIL OF THE CITY OF FAY `l'-EVILLE,ARKANSAS: WA n I 11 103f) 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; West Street and Spring Street; Locust Avenue and Spring Street;School Avenue and Spring Street. SECTION T?90: That said improvement shall consist of paving of the intersections of said streets an and the construction of neces:•ary culvertsand drains to take care of the drainage which must pass under the paving from the paved streets and from the adjacent territory next to said intersection of said streets. SECTION TIS 2: ' The City of Fayetteville, Arkansas,by the City Council of said City hereby contract; with C.A.iuT.oreno for the said C.A.Moreno to do and perform the/J#�work and labor, and furnish the necessary material for the repairs and construction as herein set forth on said streetsand at said intersections of streets as..herein mentioned,said improvements to be acording to the plans and specifications on file in the office of the City Engineer of the City of Fayetteville, Arkansas, The City of Fayetteville, agrees to pay said C.A.Moreno for the same as follows; For all :Mork, labor and material furnished, the City of 2ayetteville agrees to pay as ' follows; the sum of $800.00 for intersections culverts and drains•$2672.00 Total amount to be paid by the City in this contract is the smnof "3472.00, which amount the Council finds to be a fair and just compensation for said material furnished and work and labor to be performed in such improvement. "ECTION FOUR: Upon completion of repairs and improvements upon said streets at the places herein- before described by said C.A.Moreno, and the acceptance of said material used and work and labor done in said repairs and improvem_nts by the City Council of the City of Fay etteville, Arkansas,said City of Fayetteville agrees to pay said C.A.Moreno $3472.00, to be paid out of the General Revenue Fund of W said City by warrants drawn in favor of said C.A.Moreno,or bearer, payable in the following amounts and om the following dates, to -wit; 1st year, August 15th, 1926, 0694.00 / 2nd year, August 15th, 1927, ?694.00 3rd Year, August 15th, 1888, k694.00 4th year, August 15th, 1929, 1694.00 5th year, August 15th, 1930, X696.00. 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.repre2enting the amount of the rum in which the 1_ity has defaulted in the payment of,to pay said owner of said warrant the sum of eight per cent interest per annum on raid amount of said warrant from the date of such default, until the said sum is fully paid, ' as an agreed and stipulated penalty and as damages for failure on its part to carry out its contract with said C.A.IvIoreno, or the owner of said warrant. °ECT•ION FIVE: This contract shall be binding on the City of-ayetteville,Arkansas,from and after the -passage, approval and publication of this ordinance,and the acceptance of the same by the sa said C.A.Ma.reno,in writing, filed in the office of the City Clerk of t he City of Fayetteville, Arkansas,and compliance with its terms by said C.A.11areno om his part. SECTION SIX: 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 ¢#Xy#X1/ ordinaance, upon the full performance of the contract herein set forth on the part of the said C.A.Mareno. SECTION SETEN: This ordinance shall take effect and be in force from and after its passage, approval and publication. Passed and approved this 3rd day of August, 1925. Attest; J.C.I:,assie, Clerk. Approved; Allan H. Wilsnm, Mayor. Alderman Harding introduced an ordinance contracting with C.A.Mareno for improvements on ' West LTeadow Street, which was read the first time. Alderman Iviintun moved that the Rules be suspen ded and the ordinance placed on its second reading. This motion was seconded by Ald rman Price an received the following vote; ayes Ald..rmen crake, Harding, Mintun, Phillips, P.ice, !Mages; nays none; absent and not voting none and was declared passed by the Mayor. The ordinance was read the second time. Alderman Phillips moved that the Rules be further suspended and the ordinance placed on its third reading and final passage. Ald rman Harding seconded this motion which received the fol- lowing vote; ayes Aldermen Drake, Harding, Iriintun, Phillips, Price, Wages; nays none,; absent and not voting none and was decla ed passed by the I:ayor. The ordinance was read the third time. ' The mayor then called for a vote on the passage of the ordinance, which was as follows; ayes aldermen Drake, Harding, Mintun, Phillips, Price, ?Pages; nays none; absent and not voting none, and the :,ayor declared the ordinance passed. F_ copy is as follows; - ORDINANCE NO. 564. AN ORDINANCE TO BE ENTITLED " AN ORDINANCE CODTRA6T'ING :LITH C.A.MQP.ENO < T ::i. PO REPAIR ANDi•,IAK: IP.�trROVETvIsNTS ON C,.RTAIN STRTS WITHIN THE CITY OF FAYSTP:iVILLa,.:RKAN..A5, AICD TO FURNISH THE N.:C. 9SARY I.1ATERIAIJQR0 .0D LABOR FOR THS SAME,AND TO PROVIDE FOR TH.: PAYILINT OF SAID MATERIAL,1ORK ALND LABOR." BE IT ORDAIN;_D BY THT: CITY COUNCIL OF TH. CI'T'Y OF FAYE`T'_a'VIILE,ARKANSAS: SEC'T'ION ON2: That repairs and improvements be made upon the foll.o,ing named streetsin the City of Tayetteville, Lrkansas,at the places herein named, to -wit; bieEdow Street and Chur hh Avenue; lleadow Street and Locust Avenue; Meadow °treet and School Avenu i f(M4 �n SECTION TWO: That said improvement shall consist of paving of the intersectionsof said streets and the construction of the necessary vulverts and drains to take care of the drainage which must pass under the paving from the paved streets from the adjacent territory nest to said intersections of said streets. . SECTIOP THREE: The City of Fayetteville, '.rkansas, by the City Council of said Cityhereby con- tracts with C.A.A4oreno for the said C.A.Moreno to do and perform the work and labor, and furnish the necessary material for the repair and construction herein set firth on said streets, and atIsaid intersections of said streets as herein mentioned,said improvements to be according to the plans and specifications on file in the office of the City Engineer of the City of Fayette- villearkansas. The City of Fayetteville agrees to pay C.A.Moreno for the same as follows; ' For all work, labor and material furnished, the City of Fayetteville agrees to prey as follows the sum of.•`1000.00; For intersections, culverts and drains -,3270.00 Total amount to be paid by the City in this contract is the sum of 04270.00,which amount the Council finds to be a fair and just compensation for said material furnished,and work and labor to be performed in such improvement. SECT ION.'F OUR: Upon the completion of repairs and improvementsupon said streets at the places ' hereinbefore described by said C.AI!4oreno,and the acceptance of said naterial use. and work and labor done in said.repairs and imp_ovements by the City Council of the City of Fayetteville, Arkansas,said City of Fayet-eville agrees to pay C.A.h.4oreno 84270.00,to be paid otrof the General Revenue Fund of tg// said City by warrants dranein favor of said C.A.Moreno,or bearer, payable in the following amounts and on jhe following dates,to-wit; 1st year, August 15th, 1926, 854.00 2nd year, August 15th, 1087, 854.00 3rd year, August 15th, 1928,854.00 4th year, August 15th, 1929, 854.00 5th year, August 15th, 1930, 9854.00 Iflthe 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 'arrant,representing the amount of the sum in ^:hich the City has Oi� X defaulted in the payment of, to pay said owner of said ;;arrant the sum of eight per cent.interest oer.annum on said a>ount of said warrant from thr date of such default until the said sum is fully paid,as an agreedland stipulated penalty and as damages for failure on its part to.carry out its contract with said C.A.Moreno,or the owner of said warrant. SECTION FIVE: I This contract shall be binding u pon the City of Fayetteville, Arkansas,.from and after the passage, approval and publication of this ordinance, and the acceptance of.the same by thelsaid C.A.Moreno, in writing, filed in the office of the City Clerk of the City of Fayetter- ville, Ark-nsas, and c,mpliance with its terms by saidC.A.Moreno, on his part. I SECTION SIX; The City of "Fayetteville, Arkansas, hereby pledges itself, and all of its officers, to thelfaithfyl performanc_ of this contract as herein set forth in this ordinance, upon the full performance of the contract her -in set forth on the part of the said C.A.Moreno. SECTION Sc:VEN; This ordinance shall take effect and be in force from and after its pas age, approv11 and publication. Faised and approved this 3rd day of August, 1925. Attest; J.C.Massie, Clerk. Approved; Allan M. Wilsnm,Mayor/ Noafurther busines appearing the Council adjourned to August 10th,1925. Attest; (q t,,fyN _ A,Q,i.e% Clerk. Approved; Mayor V 1 , � V