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HomeMy WebLinkAbout1927-06-13 Minutes17 June lst, 1927. Alderman Harding seconded the motion which received the following vote; ayes Alder ,men Harding, Drake, Bynum, Scott, Fuller, Stanford; nags Alderman Pearson, absent and ' 5 `�` not voting Alderman Jones. The Mayor dil1e Tared the motion passed. No further business appearing the Council adjourned. Attest; Approved; .,� -J C Mayor. err REGULAR MEETING OF THE CITY COUNCIL HELD JUNE 13TH, 1927. PRESENT: The Mayor, Aldpeme"n 'B"y"nuum,',Drake', yarding, Jones, Fuller, Pearson, Scott, and/SStaanford. ciG!/tIL 2c��., 0�0 oGG�La.IL4 '�c� The Clerk being absent, Alderman Hardinacte in that capacity: Tho minutes o`the last meatin , held June 6, 1927, were read and approved. i�-6 ra� Billw The fokowing bills against the City bearing the proper vouc era, and having the approval of the Audi- ' ting Committee were ordered paid and the Clerk directed to issue warrants for the same on motion by Alderman Scott, seconded by Alderman Stanford, passed by the unanimous vote of the members listed above as present, and so declared by the Mayor: Ellis Sutton $17.50; H. :talker $6.00:; Kelly Bros. $20..00-; Abshier Bryan $30.00; Abner Pyle $15.501; D. Condra $36.00; John 2illa $18.75; Manghs Gro. Cc) $9.34;: Democaat Publishing Co. $ B.88. On motion makby Alderman Scott, seconded by Alderman Fuller, an application of Mrs. Frost for help on street work near Red Hill was referred to the Street Committee. Those in favor of the motion were Aldermen Bynum, Drake, Harding, Jones,'Fuller, Pearson, Scott, and Stanford. The motion was de- clared passed by the Mayor. ao Communi-(,he A communication feerm. Andy Jones in regard to a taxi stand was received. Alderman Jones moved that cations. be given space at the Northeast corner of the p"t office until Oct. 10 1927, after which date all taxis must provide private parking space. Alderman Fuller seconded the motion which. rec Wved the fol. pp1111 lowing vote: ayes, Aldermen Bynum, Drake, Harding, Jones, Fuller, Pearson, Scott, and Stanford; nayes; i none, and was declared passed by the Mayor. Alderman Jones moved that a communication loom McMurray in regard to East Dickson street be re- £erred to the city engineer. The motion was seconded by Alderman Pearson and received the following vote. ayes, Aldermen Bynum, Drake, Harding, Jones, Fuller, Pearson, Scott, acid Stanford; nays, none, absent and not voting, none. The motion was declared passed by the Mayor. On motion made by Alderman Pearson, seconded by Alderman'Stanford, a commthnioation foom J.A. Jones regarding the condition of East Center street was referred to the Street Committee. The motion received the following vote; ayes, Aldermen Bynum, Drake, Harding, Jones, Fuller, Pearson,'Scott, and Stanford; nays, none; absent and not voting, note; and was declared passed by the Mayor. A communication from J. W. Workmen, asking for the road from the•end of the pavement on the Goshen Road to the entrance of the Mt. Sequoyah Road to be put in repairxxAtdaamaa4 was received. AldermanJones moved bhat the Street Committee be instructed to spend $150.00 in this work. The motion was so/conded by/ Alderman Pearson and received the following vote; ayes, Aldermen Bynum, Drake, :larding, Jones, Fuller, Pearson, Scott, and Sanford; nays,.none; absent and not voting, none; and was declared passed by the Mayor. A request from the out'rrrest Power Co., by P.G. Walker, Division Manager, for permission to cut what pavement will be absolutely necessary to complete the white way, was received. Alderman Jones moved that this permission j 4 ranted. The :notion was seconded by Aldorn::an Drake, and received the following vote; ayes, Aldermen Bynum, Drake, Harding, Jones, Fuller, Pearson, Scott, and Stanford; nays, none; ab- sent and not voting, none; and was declared passed by the Mayor. \ 0 178 Pbti- A petition presented by Mr. Bo;c.gs against the Paoposed filling station to be located at the intersec- tion. tion of College avenue and Spring street, an what is known as the Yates property, was denied hearing. This petition should have been presented on May 23rd, 1927. ' Ord. Alderman introduced an ordinance levying the assessment upon the real property within Imp- # 6M Dist. rovement District Number Thirty -Three ($3) of the City of Fayetteville, Arkansas, which was read the first 33 time. Alderman Jones moved that the rules be suspended and the ordinance read for the second tfine. alderman Stanford seconded the motion which received the follweing vote; ayes, Aldermen Bynum, Drake, Harding, Fuller, Jones, Pearson, Scott, and Stanford; nays, none; absent and not voting, none. The Mayor declared the motion passed and the ordinance was read for the second time. Alderman Stanford then moved that the rules be fur- ther suspended and the ordinance be placed on its third reading and final passage.. The motion was seconded by Alderman Drake, and received the following vote; ayes Aldermen Bynum, Drake, Harding, Fuller, Jones, Pearson, Scott, and Stanford; nays, none; absent and not voting, none; and was declared passed by the Mayor. The ordinance was read the third time. The Mayor then announced the gVestion before the Council to be "Shall the ordinance pass`s"and called for the vote on its passage, which resulted as follows; ayes, Alderman Bynum, Drake, Harding, Fuller, Jones, Pearson, Scott, and Stanford;,nays, none; absent and not voting, none. The Mayor declared the ordinance passed. A copy is as followl: ORDINANCE NUMBER AN ORDIB1ME TO BE ENTITLED.". AN ORDINANCE TO LEVY THE ASSESSMENT UPON THE REAL PROP&RTY WITHIN WIMPROVEMENT DISTRICT NUMBER THIRTY THREE ( 33 OF, THE CITY OF FAYETTEVILLE, ARKA21SA49." WHEREAS, the majority bn value of the. property holders owning preperty adjoining the locality to be affected, and situated in Improvement District Number Thirty-Three.(33)) of.the City of Fayetteville, Arkansas, organized for the purpose of grading, rolling and paving with asphalt and concrete the streets and parts; of streets within said Improvement District. Number Thirty-three (33),, of the City of Fayetteville, Arkansas, have petitioned the City Council of the City of Fayetteville, Arkansas, for the construction of said improvement, and that the costs theAeof shall be adcharged and assessed against the real property within said Dis- trict, according.to the benefits'to be received; and WHEREAS, Aaid benefit.reoeived,by each lot or block or parcel of real property situated within said District equals or exceeds the local assessment; and WHEREAS, the estimated oost.of said improvement is NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FO THE CITY OF FAYETTEVILLE, ARKANS.�S: ' SECTION ONE:- That said several lots, blocks and parcels of real propertywithin said District, be ass- essed according to the assessment list for said Improvement Distriot,.as the same now remains in the office of the Recorder or City Clerk; and that 10 per centum on said lots, blocks and parcels shall be paid annually on or before the first Monday br November, until the whole of the said local assessment shall be paid. SECTION TWO:- That all Ordinances and parts cC Ordinances; in conflict herewith be, and the same are hereby, repealed, and thds.Ordinance shall take effect and be in force from and after its passage, approval, and publication. Passed and approved this 13th day of June, 1927. Attest;;;l�r• Clerk. Approved:.Allan M. Wilson, Mayor. Report Alderman Pearson moved that the report of the proceeding of Board of Improvement of Sewer Improvement Sewer Dist, #1.District Number One (1.)',of June 13, 1927, be received, filed and spread of record. Alderman Jones seconded the motion which received the following vote; ayes, Aldermen Bynum, Drake, Harding, Fuller, Jones, Pearson, and Stanford; nays, Alderman Scott;.absent and not voting, none. The motion was declared passed by the Mayor. A copy of the proceeding report is as follow&; PROCEEDING OF BOARD OF IMPROVEMENT ,OF SEIVER IMPROTiNuENT DISTRICT NUMBER ONE (1), CITY OF FAYETTEVILLE, ARK= kNSAS, HELD JU14E 13, 1927. The meeting was called to order by J.H. Moillroy, Chairman of said Board of Improvement, who presided throughout the meetint. i All members of the Board, to -wit} J.H. Mclllroy, C.Fi. Appleby, and W.J. Lewis were present throughout the 179 meeting, and being present, waived any previous notice of the meeting. The President stated that the purpose of the meeting was to consider the matter of making additional ' assessments on the real property within the District to complete the sewer system as planned and authorized in the proceedings of the City Council, of the City of Fayetteville, and the Board of Improvement at the time of the organization of said Improvement District. After a full discussion of the condition of the sewer system of said Improvement District, and of the City of Fayetteville, and after fully determining that it was necessary, in order to complete the said sewer system as originally planned, the following Resolution was introduced by Coyle Appleby, and upon a tote being taken, unanimously passed. Said resolution is as follow: BE IT RESOLVED by the Board of Improvement of Sewer Improvement District Number one (1)),of the City of ` j L•+1 Fayetteville that; WHEREAS, this Improvement District was created by Ordinance Dumber 196 of the City of Fayetteville, on the 29th day of September 1906; and, WBEREAS, said ordiimsoe created and laid off the whole of the City of Fayetteville, Arkansas into an improvement district for the purpose of installing, constructing, maintaining and operating a system of sewers for the City of Fayetteville, Arkansas; and, ' WHEREAS, within ninety (90) days after said ordinance became effective a majority in value of the prep— y.: arty owners of said district petitioned the City Council, of the City of Fayetteville, to take the necessary steps to construct, install, maintain and operate said system of sewers, and that the cost thereof be as— sensed and charged upon the real propeaty within the district, which included the whole of the City of Fayetteville; and, WHEREAS, all legal preceedings were had for the organization of said Improvement District, and all necessary ordinances had by the City Council and the Board of Improveme nt for the creation of said Impro- vement Dietrieft, for the purposes named;.and, WHEREAS, the City Council took the necessary steps for the establishment and organization of said Sewer Iapprovement District, and have passed an ordinance fixing the cost of said improvement as an assessment and a charge upon the real property within this district; and, W3EREAS, the fiaat assessment of benefits against the real property in said district has proved in— sufficient to complete said.imprevement; and, '• TPEREAS), tics under Section 5665 of Crawford and Moses Digest, *ich is a part of Section lb of the Act of March 22, of the General Assembly of Arkansas, of 1881, it has become the duty of this Board of Improve— ment to make to th6 City Council a report of the amount of the deficiency; and, WHEREAS, the assessments origninally levied have not all yet been collected; and WHEREAS, there exists against said Board of Improvement bonds of said Board which will not fall due until August 1, 1927; and, WHEREAS, this Board of Improvement has caused to be made an estimate of the amount necessary to complete said improvement as originally planned, and to keep the said in repair, and to extend the same as originally _ intended; and, WHEREAS, it is absolutely necessary to extend said sewer mains, and to enlarge the sewer plant, and to replace old pipes with new, and to replace /old septic tanks with new; and to install the necessary flush tanks, manholes and•disposal plants; and, WHEREAS, the condition of said dewer system of the City of Fayetteville has become such that the State Board of Health and other authoritdes of the State have determined that said sewer system must be improved, extended and completed; and WHEREAS, it is necessary to extend, repay k operate and construct said system as originally planned as herein set out; and, WHEREAS, this Board employed E.M. Ratrur, Engineer, to make an estimate of the cost of slid improvements extensions, replacements, and repairs; and, WHEREAS, the original improvement authorized by the original proceedings of the City Council and the ISO petitions of the real property owners within said District, have not been completed and paid out of the pre- vious assessments; and, WHEREAS this Board, upon the estimate and report of said Engineer have determined that the said construe , tion, extensions, replacements and improvements herein provid&d for are as follows: 150000 ft. of 8 in. Sewer main in place at 80� per ft. $1'1,000.00 100000 ft. " for " " 95X '" K 9500.00 7875) ft. ° 12" n e 1.10 " " 8662.50 105 Flush Tanks and Manholes x:00 / 0 O.DO 10500.00 10000 ft. 21 in. sewer 12000.00 2 Disposal Plants and repairs 54837.50r Contingencies 4500.00 - which make a total of the cost of said improvements of the sum of One Hundred and twelve Thousand Dollars ($112000.00); and, wHiR AS, the making and completion of said system of sewers, and extensions, and replacements herein provided for are absolutely essential for the health, and life, and safety of the City of Fayetteville and its inhabitants: NOMI THEREFORE BE IT RESOLVED: ' That this Board hereby report to the City Council, of the City of Fayetteville, that the original as- sessments made by the City Council and the Board, and which have not yet been all collected, and the re- mainder to be collected are wholly irL,4ufficient to complete said improvement zzd as contemplated in the ginal formation of said Improvement District by the proceedings of the City Council and the proceedings of this Board; that this Board hereby files as a part of this report the report of Engineers Ratliff and Bird, by E.M. Ratliff, dated July 9, 1923, showing in detail the said extensions and the cost thereof, and that the City Council be hereby requested to take the necessary steps, provided by law, to make other as and additional assessments on the real property previously assessed for a sum sufficient to complete the improvement, and that an additional ordinance belpassed making said assessments and declaring the same, when ,.made, a lien upon each parcel of real property within said District, as provided by law. Said Board of Improvement hereby files as a part of this application and report a complete detailed plan of the proposed improvements, and the cost thereof. J.H. Mclllroy, Chairman and Member of the Board. ' C.3Y, Appleby, Member of the Board. Vi, J, Lewis, Fiecretary and Member. Fayetteville, Arkansas, June 11, 1927. Commissioners, of Sewer Improvement District Number One, of the City of Fayetteville, Arkansas. Gentlemen:. In compliance with your request, we have made the necessary inspection-, investigations, plans and and determined the information for an estimate of the cost for the extension of Fayettevillets Sewer System and rebuilding and enlarging the present displsal plants. h In the above investigation and planning it has been the inteition to serve all of the unsewered distrii within the City of Fayetteville which can be drained to the present disposal plants; to build manholes at all necessary points; flush tanks at the dead end of all extensions lines.and to Enlarge the two disposal plants , to twice their present capacity; to arrange a more satisfactory disposition of the effluent from the disposal plant and to enlarge such mains as tare now in existence as are inadequate to take care of the present demand. The following is an approxAmate schedule of the extension within the various additions with the City of Fayetteville: LIN. FT. OF PIPE. NO. MANHOLES. r 18� ADDITI(N LIN. FT. OF PIPE N0. OF MJNHOLES. 012000.00 Putmans 3200 9 9 Duncan 900 5 5 University 1650 5 Leverett 3400 10 Archias & Auchnells 2475 8 Original Plat 950 4 4 Ferguson 2200 6 County Court Plat S?14 Sec. 15 660 3 City Park 2050 5 Gunter 5500 18 Englewood 2250 7 County Court Plat NW SEC.15 880: 3 Gates Sub. 770 4 Wilson 990 3 Miscellaneous 15000 15 Total.... 42875 105 Estimate of cost of construction of the above motioned extensions and improvements is as follows: 150000 ft. of 8 in. Sewer Main in place at 80� per ft. 012000.00 109000 ft. " 10 " " " " 'r " 95f ^ " 9500.00 7875 ft. '" 12 n n n " n n 1.10 " '" 8662.50 105 Flush Tanks and Manholes -r: oO 10 D oD 10500.00 2 Disposal Plants and Repairs 54837.50 10,000 ft, of 21 in. Sewer 12000.00 Contingencies 6$00.00 0112,000.00 The above estimate is based on present prices of material and labor on an estimate of the amount of solid rock excavation which will have to be done. Respectfully submitted, E.M. Ratliff, Ord. Alderman )rv., introduced an ordinance iAm#xg authorizing a re -assessment and an additional ass- essment of the real property in idewer Improvement District Number One (1)r of the City of Fayetteville, Ark* which was read the first time. Alderman Drake moved that the rules be suspended and the ordi$n ce read for the second time. Alderman Pearson seconded which received the following vote; ayes, Aldermen Bynum, Drake, Harding, Fuller, Jones, Pearson, Scott, and Stanford; nays, none; absent and not voting, none; and was de- olared passed by the Mayor. The Ordinance was read the second time. Alderman Harding then moved that the Mayor be empowered to employ James Dinwiddie to inspect sewer i connections for rain water connection and report to the City Council as soon as possible.Alderman Jones ,saw conded the motion which received the following vote; ayes, Aldermen Bynum, Drake, Harding, Fuller, Jones, Pearson, Scott, and Stanford; nays, none; absent and not voting, none; and was declared passed by the Mayor �n-v zk*� Is%* ,..; ter. c�.ti Dist.. 36. A petition purporting to be signed by a--sea3er- ty. in value of the real property owners in the District concerned, asking that the real property in the district be assessed was introduced. Alderman Drake moved r that the petition be received, filed, and spread ofzreeord. Alderman Jones seconded the motion, which re— ceived the following vote; ayes, Aldermen Bynum, Drake, Harding, Fuller, Jones, Pearson, Scott, and Stanford; tadxuxaxdx nays, no absentanndd not voting, none; and was declared passed by the Mayor. A copy of the Petiton is as follows: l7 v� ltd /j•r-,i�Llj�� L� �i ✓Y �d/ l` 182` TO THE MAYOR AND CITY COUNCIL CITY OF FAYETTEVILLE, ARKANSAS; The undersigned, your petitioners, would respectfully represent and show that a petition signed by ten prc 6unera in the City of Fayetteville, Arkansas, and within the territory within said Petition was presented to your Honorable Body on the 6th day of June, 1927, praying that your Body take all necessary steps: £or the cre- ation/ of an Improvement District embracing the territory described in said petition for the purpose of im- proving by grading; rolling and paving the following Streets and Parts of Streets as hereinafter descried, to -wit: All of the public street in Oak Park Place which lie within the City Limits of the City of Fayetteville, That your Honorable Body passed an Ordinance, Number 654, laying off the territory described in said pe - .tion and herein set forth, Vh ich Ordinance was; duly passed on the 6th day of June, 1927; That said Ordinance was duly published in the Fayetteville Daily Democrat, a newspaper published in the ty of Fayetteville, Arkansas, within Twenty (20) days after its passage under the hand of the City Clerk cf City of Fayetteville, Arkansas; WHEREFORE, the undersigned, claiming to be a majority in value of owners of real prpperty within Paving District Number Thirty-six of the City of Fayetteville, Arkansas, and described within said Pet - tion and Ordinance as herein set forth, pray that such improvement be undertkken and that the cost thereof be ssessed and charged against the real property situated within such District and that the said District be for he purpose of carrying out the improvement set herein forth. And Petitioners ask that said improvement shall of exceed in cost the assessed valuation of the real property within said District as shown by the last County which District is to be bounded as follows; Beginning at a point which is 365 feet North of the Suthwest corner of Section Sixteen (16);, Township ixteen (16)? North, Range Thirty (30)) West, and running thence East 1320 feet; thence North to the North line f Treadwell Street; thence East to the West line of North Duncan Avenue; thence North to the North line of 3st Center Street; thence West 310:feet; thence North 167 feet; thence West to the East line of Ozark Avenue; r thence North to a point 800 feet South of tka 3zzkk the North line of the Southwest Quarter of the Northwest Quarter of Section Sixteen (16), Township Sixteen (16), North, RM go Thirt (301, West; thence iifest to a point 800 feet South of the Northwest corner of said Southwest Quarto Q Qe ^of Section Sixteen (16)', Township Sixteen *9t (16)' Hmrth, Rmwgo, Thirty ('30) West; thence South to ;the place of beginning. E.M. Ratliff. School District No 1, By Vf.J. Reynolds, Secy, M.B Slade., Rxxgxx;= E. Gary. Edythe F:..Stone, W.C. Smith, A.B: Stone. D.M. Allen '•C. Stone,. Geo. N. Cade.( .B.. Stone. r�.C- C.W. Gerson. Tf arl K. Bell. Jeff D° Davis ,H. Summers. G.E. Ripley, n Powers 6. At Aw .,,, & G4 Je,A JLl,, tq1') o,4v "'~-� WVIX o.A:...o,�, wv�-a ds a S1 e !" a 1 , a d e°. cxi— h f a'a'`�- / A e„itdon purporting to be sign by a mZjority in value of the owners of real property in the district oncerned, asking that the assessment of benefits he made for the purpose of putting in curbs and gutters was ead. Alderman Daake moved that the petition be received, filed and spread of record; Alderman Jones recon,, ed the motion which received the following vote; ayes, Aldermen Bynum, Drake, Iiarding, Fuller, Jones, Pear - on, Scott, and Stanford; nays, none; absent and not voting none, and was declared passed.by the Mayor. A )py of the petition is as follows;it THE MAYOR. AND CITY COUNCIL, ri [TY OF FAYETTEVILLE, ARKANSAS: The undersigned, your petitioners, would respectfully represent anal-shoiY'thttt a petition signed by ten rty owners of the City of Fayetteville, Arkansas, and withinl. th territory described within said petition P 1 1 M was presented to your Honorable Body on the 6 day of Jung, 1927, paaying .that your Body take all necessary steps for the creation of an Improvement District embracing the territory described in said petitian y the purpose of improving by grading, rolling and constructing curb and gutter on the following Streets and parts of Streets as hereinafter described, to wit: All of the public streets in Oak Park Place which lie within the City Limits of the City of Fayetteville That your Honorable Body passed an Ordiance, Number 655, laying off the territory described in said petition and herein set forth, which Ordinance was duly passed.on the 6th day of June, 1929;. That the said Ordinance was duly published in the Fayetteville Daily Demoonat, a newspaper published in the City of Fayetteville, Arkansas, within Twenty (20) days after its passage under the hand of the City Clerk of the City of Fayetteville, &rkansas. WHEREFORE, 'the undersigned claiming to be a majority in value of owners of real property within faadag District Number 37 of the City of Fayetteville, Arkansas, and described within said Petition and Ordianance as herein set forth, Pray that such improvement be .undertaken and that the cost thereof be assess. ed and charged against the real property situated within sAuch District and that the said District be for the purpose of carrying out the improvement herein set forth. (And Petitioners ask that said improvement shall not exceed in osat the assessed valuation of the real property within said.District as shdWn by the last County Assessment, which District isto be bounded as follows, to wit: Beginning at a point which is 365 feet North of the Southwest corner of Section Sixteen (16), Township Sixteen (16) North, Range Thirty (30) West, end running thence East 1320 feet; thence North to the North line of TreadwellnStreet; thence East to the West line of North Duncan Avenue; thence North to the North line of West Center Street; thence West 310 feet; thence North 167 feet; thence hest to the East line of Ozark Avenue; thence North to a point 800 foot South of the North line of the Southwest Quarter of the Northwest Quarter of Section Sixteen (16), Township Sixteen (16) North, Range Thirty (30) West; thence West toe point 800 feet South of the Northwest corner of said Southwest Quarter of the Northwest Quarter of Section Sixteen (16)•, Township (16) North, Range Thirty (30). West; thence South to the place of beginning. E.kr. Ratliff. M*B. Slade. Edythe F. Stone A.B. Stone W.C. Stone L.B. Stone Carl H. 'Bell School District No 1 By VI.J. Reynolds, Seoy E. Gary W.C. Smith D.Lt. Allen Geo. N. Cade C.W.Gp r i Jeff Ddvia v MeSo _1 r r ' "Dra 4m�vs�a� at any time that Rebecca Avenue should be paved the City of Fayettevilll should give the Engine errs work and pay aft for the culverts. Alderman Stanford seconded the motion, which received the following vote; ayes, Aldermen Bynum,.Drake, Harding, Fuller, Jones, Pearson, Scott., and Stanford; nays, none; absent and not voting, none; and was declared passed by the Mayor. Several bids for the construction of the above culvert were placed on file. i No further business appearing the Council adjourned. CK w=�Qw-