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HomeMy WebLinkAbout1926-05-10 MinutesREGULAR MEETING OF THE CITY COUNCIL HELD MAY 10th, 1926. rx�:SBivr: The Mayor, Clerk; Aldermen Phillipa, Price, Drake, Bynum, Jones, Scott, Watson; absent, Alderman Harding. MINUTES: The minutes of the Meeting of May 3rd were read ad a�proved. BILLS: CLERK S REPORT: 610, regulat- ' Ing Build - 13 e accounts of Jim Mitchell, $18.00 and Andrew Munds., $24.00 together with.the bills listed low, which had been approved.by..the... Auditing Committee -were on motion duly made and passed; dered paid and the Clerk -was -directed to issue warrants for the same; -Southwestern Bell 1 Co. $20.17; Steeledte Mfg. Co. $23.52;The Highway Appliance Co. $15.51; Abshier-Bryan tog Co. $3.75;Exide Battery•Co. $1.75; Campbell -Bell D.G.Co. $1.00;Lewis Brothers Co. §4.21 J.C.Massie $1.00;Southwest Power Co. #391.25; The financial Report of the City Clerk for April, 1926 was filed., this report shows total receipts for the month, $2,259.87; total.disbursements, $3$22.04. J: Alderman Price introduced an ordinance to regulate buildings, which was read the first time. Alderman Price moved that the Rules be suspended and the Ordinance placed on its second reading. This motion was seconded by Alderman Jones and received the following vote; ayes Aldermen Phillips, Price, Drake, Jones, Bynum, Scott, Watson; nays none; absent and not voting, Alderman Harding, and was declared passed by the Mayor. The Ordinance was read the second time. Alderman Jones then moved that the Rules be further suspended and the ings. Ordinance placed on its third reading and final passage. This motion was seconded by Alder- man Drake T d received the following votes; ayes Aldermen Phillips, Prive, Drake, Bynum, Jones Scott, Watson; nays none; absent and not voting Alderman Harding, and was declared passed by the Mayor; the Ordinance was read she third time. The Mayor then announced that the question before the Council is shall the Ordinance pass, and called for the vote on its • J � �LG•tit�c passage, which was as follows; Ayes Aldermen.Phillips, Price.Drake, Bynum, Jones, Scott, i Watson; nays none; absent and not voting Alderman Harding,. The mayor declared the Ordinance, assed; a copy is as follows;- ORDINANCE N0. 610. AN ORDINANCE TO BE ENTITLED " AN ORDINANCE REGULATING THE BUILDING CONSTRUCTION OR ERECTION OF GASOLINE AND OIL FILLING STATIONS, AUTOMOBILE REPAIR GARAGES, STORE BUILDINGS, APARTMENT HOUSES,ANY OTHER BUILDING FOR BUSINESS PURPOSES, AND FOR OTHER PURPOSES." WHEREAS, it appears to the City Council of the City of Fayetteville that the growthin population of this city makes it necessary for the purpose of promoting health, safety, morals or the general welfare of the community to restrict the building of gasoline and oil filling stations,automobile repair garages, apartment houses and all other buildings er- ected for business purposes, within what is known as the residence district of the city of Fayetteville, and WHEREAS,by legislative enactment recently adopted, cities.of the first calss are authorizedi from to separate, if need be, business ajV/residence.property,_ NOW, THEREFORE, BE IT ORDAINED BE THE CITY OF FAYETTEVILLE,ARKANSAS: SECTION ONE:that) It shall be unlawful for any person, firm or jeorporation to hereafter build, construct or erect any gasoline and oil filling station where gasoline and oil will' ?be sold,to build, construct or erect any automobil& repair garage, or any store building, Dor to erect any apartment house, Or to erect or build for business purposes any other building in what is commonly known as the residence of the city of Fayetteville outside of the fire limits hereinafter specified, until adter having first filed an application with the city building Inspector for said permit along with all plans, specifications and the payment of a fee of Five ($5.00) Dollars to cover all costs of printing notices etc., said fee to be paid to the City Collectoa. _ SECTIOt—TW ;0 �— � ' ate- on the receipt of an application for the building, construction i t 1 of a. yzi filling station,automobile repai3 garage, re building, apartment houses„or any ,p.0-� y 14 i i i o e �ildirig or business purposes,in the residence district, the c building insp�e r shall ca a to be published said applicatlion� in a paper in Fayetteville 'with a bons fide circulation on time each week_.P.or.-4f0 r__weeks consecutively. ECTION THREE: i . Tha after proof of a publication_of._said._application..is recbived by the city uilding inspector, in accordance with the_provisions_..of_thisordinnnce he shall issue said ermit, unlessotherwise prohibited by law, except -where a.petition is filed by one or more wners of real property in the immediate vicinity,protesting_the.lasuance of -said permit, nd showing that if said permit is granted and.said:business_is.erected, the conduct of same ill tend to deereasethe value.. of property- in-. the- immediate_ vicinity. for._residenee purposes aid petition to be subscribed.and.sworn.. .to_by.the_complaining....owner or owners. TION FOUR: city Where one or more protests are filed with the building inspector against the lding of any -filling station, automobile repair gagage,storehouse, apartment house, or er business building within the residence distribt of Fayetteville within thirty (30) s after the receipt of -application for same, the city building inspector shall refuse grant said permit and refer the same to the City Council_of.the City of Fayetteville, ch shall, after a hearing on the petitions for and against such building, grant or use issuance of permit as it may deem best. DTION FIVE: The fire limits hereinbefore mentioned are o owe; All that portion of the ty\w n e ing limits; Beginnin FeNE11 erseetion of the South line of West ring Street with the Ess ane of Nort C�t�,,„�and-running thence East to a point i�eeeftndred (300) fee East f t 1 µCollege_Avenue.. thence South paralle th the East. line of Co onus and.a distance of H Red...(300) feet therefrom the Nor o ck Street,thence.West along the- r ne_ Ro k to the East ne urch Street, thence North along the North line of Church.Street to the nace of Also, beginning at,the intersection of the East line.of North Gregg -Street with the South line of West Dickson Street and running thence North along.Gregg Street to the South line of West Lafayett Avenue, thence.East along the. South_line of.West.Lafatette Avenue to the North-east corner of Lot Two (2), Block Six (6), County C&urt Addition,thenue South ,parallel to gregg Street to the South line of Scott Street,thence East along the South line of Scott Street to the West line of Rolston Streetthence_South along the West line of Rolet l�ston Street to the South line of West Dickson Street,thence East along the South line of ,West Dickson Street to the West.line of North Locust Street, thence South along the .West line of North Locust Street to the South-east corner of -Lot Eight (8), Block Five (5), 'Original P1at,thenee-West on a line parallel to West Dickson -Street to the East Line of North School Street, thence South along the East line -of .North School_Street to the North line of West Spring Street, thence due West along the 3Northfline of West Spring Street to the East line of University Street, thence North along the East line of Uni- lversity Street to the South line of West Dickson Street, thence East along the South line of West Dickson Street to the place of beginning SECTION SIX: Any person, firm or corporation violating.any.provision or provisions of this ordinance shall be deemed guilty of a misdemeanor, and -upon conviction in the police Court shall be fiined in any sum not less than Fifty $50.00) Dollars, nor.more than Five Hundred $ $500.00) Dollars, and each day that said ordinance is violated shall be deemed a separate offense. SECTION SEVEN: All Ordinances or parts of Ordinances in -conflict herewith are hereby repealed and this ordinance shall take effect and be in force.from.and after its passage, approval Viand publication. PASSED and approved this 10th day of May, .1926 = Sttest; J.C.Massie, Clerk. Approved; Allan M. Wilson, Mayor& o e �ildirig or business purposes,in the residence district, the c building insp�e r shall ca a to be published said applicatlion� in a paper in Fayetteville 'with a bons fide circulation on time each week_.P.or.-4f0 r__weeks consecutively. ECTION THREE: i . Tha after proof of a publication_of._said._application..is recbived by the city uilding inspector, in accordance with the_provisions_..of_thisordinnnce he shall issue said ermit, unlessotherwise prohibited by law, except -where a.petition is filed by one or more wners of real property in the immediate vicinity,protesting_the.lasuance of -said permit, nd showing that if said permit is granted and.said:business_is.erected, the conduct of same ill tend to deereasethe value.. of property- in-. the- immediate_ vicinity. for._residenee purposes aid petition to be subscribed.and.sworn.. .to_by.the_complaining....owner or owners. TION FOUR: city Where one or more protests are filed with the building inspector against the lding of any -filling station, automobile repair gagage,storehouse, apartment house, or er business building within the residence distribt of Fayetteville within thirty (30) s after the receipt of -application for same, the city building inspector shall refuse grant said permit and refer the same to the City Council_of.the City of Fayetteville, ch shall, after a hearing on the petitions for and against such building, grant or use issuance of permit as it may deem best. DTION FIVE: The fire limits hereinbefore mentioned are o owe; All that portion of the ty\w n e ing limits; Beginnin FeNE11 erseetion of the South line of West ring Street with the Ess ane of Nort C�t�,,„�and-running thence East to a point i�eeeftndred (300) fee East f t 1 µCollege_Avenue.. thence South paralle th the East. line of Co onus and.a distance of H Red...(300) feet therefrom the Nor o ck Street,thence.West along the- r ne_ Ro k to the East ne urch Street, thence North along the North line of Church.Street to the nace of Also, beginning at,the intersection of the East line.of North Gregg -Street with the South line of West Dickson Street and running thence North along.Gregg Street to the South line of West Lafayett Avenue, thence.East along the. South_line of.West.Lafatette Avenue to the North-east corner of Lot Two (2), Block Six (6), County C&urt Addition,thenue South ,parallel to gregg Street to the South line of Scott Street,thence East along the South line of Scott Street to the West line of Rolston Streetthence_South along the West line of Rolet l�ston Street to the South line of West Dickson Street,thence East along the South line of ,West Dickson Street to the West.line of North Locust Street, thence South along the .West line of North Locust Street to the South-east corner of -Lot Eight (8), Block Five (5), 'Original P1at,thenee-West on a line parallel to West Dickson -Street to the East Line of North School Street, thence South along the East line -of .North School_Street to the North line of West Spring Street, thence due West along the 3Northfline of West Spring Street to the East line of University Street, thence North along the East line of Uni- lversity Street to the South line of West Dickson Street, thence East along the South line of West Dickson Street to the place of beginning SECTION SIX: Any person, firm or corporation violating.any.provision or provisions of this ordinance shall be deemed guilty of a misdemeanor, and -upon conviction in the police Court shall be fiined in any sum not less than Fifty $50.00) Dollars, nor.more than Five Hundred $ $500.00) Dollars, and each day that said ordinance is violated shall be deemed a separate offense. SECTION SEVEN: All Ordinances or parts of Ordinances in -conflict herewith are hereby repealed and this ordinance shall take effect and be in force.from.and after its passage, approval Viand publication. PASSED and approved this 10th day of May, .1926 = Sttest; J.C.Massie, Clerk. Approved; Allan M. Wilson, Mayor& 1 15 DINANCE Alderman Price intr@duced an ordinance providing for the licensing of Fruit and vegAtab7lib 611. Vendors, which was read the first time. Alderman Price moved that thr Rules be suspended a and the ordinance placed on its second -reading. This motion was seconded by Alderman Wat cense son and received the following vote; ayes Aldermen Phillips, Price, Drake, Bynum, Jones, for Scott, Watson; nays none; absent and not vdting,.Alderman•Harding, and was declared passed uit by the Mayor. The ordinance was read the second time. Alderman Watson then moved that the vendors Rules be 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 Phillips, Price, Drake, Bynum , Jones. Scott, Watson; nays none; absent and not voting Alderman Harding, and was declared -passed -by the Mayor. The Ordinance was read the third time.The Mayor then announced the question.before the .Council is shall the Ordinance I ;Pass, and called for the vote on its passage, which -was as -follows.; Ayes Aldermen Phillips, j Price, Drake, Bynum, Jones Scott Watson,* nays none absent and n t voting, ng, alderman Hard- ing. The Mayor declared the ordinance passed. A copy is as follows; - ORDINANCE NO. 611. AN ORDINANCE TO BE ENTITLED " AN ORDINANCE TO PRESCRIBE AND REGULATE LICENSES FOR CERTAIN PRIVILEGES IN THE CITY OF FAYETTEVILLE, ARKANSAS." \ J BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION ONE: That hereafter the license fee regtired of each seller of fruit or vegitables JV by hand cart,from street stand, or from wagon, automobile or truck in the streets of the City of Fayetteville, Arkansas, unless the same be raised by the seller, shall be and is hereby fixed at the rate of Five $5.00) Dollars per day. SECTION TWO: That hereafter the license fee required of the seller of any article or articles of mercoandise not specifically mentioned.in Ordinance Number.393, upon the Streb of the City of Fayetteville, Arkansas, otherwise.than by a licensed auctioneer, or by legal order of court, shall be and is hereby fixed..at the rate of Five ($5.00) Dollars per day. .SECTION THREE: Any person or peneons selling or Offering for sale any fruit or vegitables, as set forth in Section One hereof,or selling or offering for sale any articles of mer - v handise as set forth in Section Two hereof, without having first obtained license from the City Collector.of the City of Fayettefille, Arkansas,shall be deemed guilty"of a mis- � demeanor, and upon conviction thereof shall be fined in any sum not e'lesedthgn Ten Dollars nor more than Fifteen Dollars for each offense,and each.day or part thereof that any per- son or persons shall sell or Offer sale any fruit or vegitables, or articles of merchandis as herein provided, without first having obtained license, shall constitute a separate offense. SECTION FOUR: That this ordinance shall be in force from and after its passage, approval and publication, but sh 11 not be construed as repealing any part of Ordinance'393, except where the same is in diet conflict herewith. Passed and approved this 10th.day of May, 1926 Attest; J.C.Massie , Clerk. Approved; Allan M. Wilson, Mayor. Walk. On motion, permission was granted for the construction of a 3 -foot sidewalk along the Nor tson side of Watson Avenue between St. Charles. Stree and Thompson Street, because of the narrow - Street. ness of said street. GRADE. On motion the City Engineer was directed to establish sidewalk grade at the•R.L:Vaughan PROPERTY LINES OXXUPA- TION TAX. FIRE LIMITS. on Maple Street, On motionby Alderman Prioe,.duly seconded and passed, the City Engineer was directed to establish the property lines along "North Street" for a distance of two blocks southward form Dickson Street The mayor appointed.a special.committee_consisting.of Aldermen Price, Drake and Bynum to investigate and report the matter of_an.Occupation..Tax..for.the City of Fayetteville. The matter of amending the Ordinance creating.the.Fire_Zone..was_..referred to the Chairman f the Ordinance Committee, and the City Inspector, for investigation and report, special reference being had to.the.request of Mr. Lucas as to certain lots in Hick's Addition, on ast Rock Street. The request of the Gibson Oil Company for permit to erect aft* a Service Station on the son oil Southwest corner of Block 26; on Mountain Street was granted, subject to approval of the Co. STR. City Engineer. .11 On motion the City Engineer was directed to establish the.grade on East Dickson Street Willow Street to Olive. Following a report of the Uhairman of the Fire Committee as to the need of additional fire hose, Alderman Price -moved -that the Mayor and the City Clerk be authorized and directed to enter int6 a contract with the Eureka Fire Hose Company for the purchase of 1000 feet of Paragon Brand Fire Hose. Alderman Phillips seconded the motion.which received the follow- ing vote, ayes Aldermen Phillips, Price, Drake,.Bynum,.._Jones,. Scott, Watson; najss none; absent and not voting Alderman Harding, and was declared passed by the Mayor. On motion by Alderman Phillips, seconded by Aldrman Price and passed by the unanimous POLICE TO vote og the members present the Mayor was requested and directed to require the patrolmen REPORT LIGHTS on duty at night to take note of any street lights not burning, and repoot same to the OUT. / j/ Mayor, giving the exact location of each light out. PAUL I On motion, and with the approval of the Chief of Police, permission.was granted to Paul Kendrick.to drive an automobile on the streets of Fayetteville. No further business appearing the Council adjourned. Attest; Approved; Clerk. Mayor. e M