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HomeMy WebLinkAbout1927-07-22 Minutes196 MEETING OF THE CITY COUNCIL HELD JULY 220 1927. I Pursuant to adjaurnmont;.ethe_t 1y.:Gouncili aEiethe_�Qity;of fFay�tt�ea lleJ,_ ArltansasCme_t; at t7.;.$0 itemrcon,the-c22rid�day,:oYiiJaly, ,19M,%ty of :.'y e _e:.'_3e, :r:L!ns:.s r.:et in the "ouncil Chi; ber Present, the Mayor, Clerk; A1dArmen Harding, Drake, Bynum, Scott, Fuller, Pearson, Stanf absent Alderman Jonse. The reading of the Minutes of the meeting of July 18th, 1927 was deferred to the next Reg ular meeting, SEVJER IMPR. The communication from Mr. J.H. McIlroy, Chairman Board of Commissioners Water Improve- DISTR. NO.1; ment District Number One of the city of Fayetteville, Arkansas, recorded below, with the enclosures, also recorded, was read to the Council;to-wit;- Fayetteville, Arkansas, July 22, 1927. Honorable Mayor and City Council of the City of Fayetteville, Arkansas, Gentlemen; At the request of M yor Allan M. ;ilson, I hand you herewith, certain records covering the cost and construction of Sewer main, Manholes, Latterals on matters in the Vie part of the City of Fayetteville, about which some complaint has been made by certainmember of the City Council,and more particulally referred to in the report submitted by the Assistant Engineerof Sewer Improevemment District No, l,together with an dffadavit by C.F. Armistead, City Collector, certifying the aggregating benefits assessed against the pro- pertyowners in the territory being servedby this particular Main and the latterals referred to. The City Engineer's report shows a total cost of $9,593.60, as you will see from the attached sheet. The City Collector, C.F. Armistead certifies that the total benefits as shown by the Assessors list on file in his office aggregates $'14,433.74. You wtt`11 also find a complete list of individual property owners whose property has been assessed in the District in this part of the territory served by the &Tains and Latterals from which this report is based. Respectfully submitted, J.H. McIlroy, Chairman of Commissioners, Sewer Improvement District No. 1. i ,. Fayetteville, Arkansas, July 22, 1927. Commissioners of Sewer Improventent District Number One, City of Fayetteville, Arkansas. s Gentlemen; Per your request, I hand you a complete statement as taken from the blue prints, maps and files in my office covering the territory embraced by sewer mains and latterals beginning at a manhole near the Red Star Spoke P€r.Otoi+y:: Plant and run- ning West under the Frisco Railroad at the crossing of Wall Street; thence Northwesterly through the A.B. Stone place; thence in a Northerly direction to and including University Addition, covering Lots, Blocks and parcels of land as attached list on sheets. The cost of construction of all mains, latterals and mankoles.and other expense occasi by the building of said Server manis, latterals and manholes in this territory is itemized as follows; lo,120 lin. ft. of sewer mains and latterals @ 790, per lin ft. 73893.60 34 manholes @ x'50.00 each 1.900,rr Total The above unit costs are based on reeprds in my office x}9,593.60 The benefits assessed against the property served from these sewer mains -and latterals are also listed on the attached sheets. 1 1 197 Respectfully submitted, W.C. Smith, Assistant Engineer for Server Improvement District Number One Fayetteville, Arkansas. Fayetteville, Arkansas, July 22, 1927. I, C.F.Armistead, Collector of Sewer Improvement District tax in and for the City of Fayetteville, hereby certify that the attached list of benefits are a true and correct copy of the original assessors list of benefits now on file in my office of Sewer Improvement District Number One of the City of Fayette ille, covering the new extension and improvement of Sevier Improvement District No. h and being in the territory served by the mains referred to in the City Engineer(s report. Said benefits assessed aggregating ��il4,433.74, as shown on said assessment list returned by the assessors. (signed) C.F. Armistead, By Elizabeth Bagby, Deputy. Subscribed. and sworn to before me this 22nd day of July, 1927. M.E. Oliver. My commission expires Nov. 6, 1930. ( Al ) OWNER (LIST) UNIVERSITY ADDITION. BLOCK LOTS (ASSESSED) BENEFITS lMrs J.A. Thompson 1 1,213,52 415060 $125.-90 iS.A.Clark 1 N1 415,6 18.00 F. E. ?'Worrell 1 7 10.60 F.E. i?orrell 1 8 59.20 F.E. Worrell 1 9 10.60 IG.A. London 1 10 10.60 G.A. London 1 11 100.00 G.A. London 1 12 10.60D Nicie Campbell 1 13 25.00 Nicie Campbell 1 14 25.00 Nicie Campbell 1 15 25.99 Mrs J.A. Thompson 1 16 256.. Same 1 17 50.00 Same 1 18 50.00 A.D. McNair 1 19 33.69 Same 1 20 33.60 Same 1 21 33.60 Harrison Hale 1 22 80.00 Same 1 23 80.00 Same 10 24 89.00 (Sidney Pickens 1 25 10.60 Same 1 26 10.6- ti11m. Scarbaugh 1 27 10.60 Same 1 28 10.60 Prof. Yiller 1 29 10.60 Same 1 30 10.60 Dr. Hotz 1 31 75.00 Same 1 32 75.00 17. A. Brown 1 33 75.00 Same 1 34 75.00 Prof. Fracker 1 35 10.60 Same 1 36 10960 same 1 36A 10.60 J.H. Creech 1 37 10.60 Same 1 38 10.60 J.H. Cohea 1 39 10.60 Same 1 40 10.60 Same 1 41 10.60 j Same 1 42 22.20 Same 1 42A 10.00 Same 1 43 10.60 Same 1 44 10,60 Same 1 45 100.00 Same 1 46 100.00 Same 1 47 10.60 4.81t4moi,e* Sam Wheeler 1 48 100.00 same 1 49 & N5' 50 24.40 8*MWe D.H. King 1 S 20' 50 100.00 Same 1 52 10.60 Same 1 52 ,10.60 Mrs D.Y. Thomas 1 53 10.60 Same 1 54 10.60'. ' Same 15 10.60. -•rOf Johnson 1 E11' 56 10.60 198 UNIVERSITY ADDITION, Cont'd. OWNER BLOCK LOT D.Y. Thomas 1 W 14' Same 1 57 Same 1 58 Same 1 59 S.N.E3 Frat 2 1 Same 2 2 Same 2 3 same 2 4 Same 2 5 Same 2 6 Jame 2 7 same 2 8 Same 2 9 Same 2 10 Same 2 11 J.H. McIlroy 2 12 Chas Stone 2 13 Same 2 14 Same 2 15 Q.E. LUther 2 16 Same 2 17 Same 2 18 Same 2 19 D.M. Allen Jr. 2 20 Same 2 21 Same 2 22 Same 2 23 J.H. McIlroy 2 24 Same 2 25 Same 2 26 Same 2 27 Same 2 28 Same 2 29 Same 2 30 L"l . H . Young 3 1 Same 3 2 Same 3 3 J.H. McIlroy 3 4 .Same 3 5 Same 3 6 Mrs t"].A.Ellis 3 6 A E.M. Ratliff 4 1 Same 4 2 Same 4 3 Same 4 4 Same 4 5 Same 4 6 Same-- 4 7 Same 4 8 Same 4 9 Same 4 10 S Same 4 11 Same 4 12 Same 4 13 Same 4 14 Same 4 15 Same 4 16 Same 4 17 same 4 18 Samt, 4 19 Same 4 20 DUNCAN'S ADDITION Mi BENEFITS 10.60 10.60 52.60 100.00 157.40 10.60 10.60 10.60 10.60 10.60 10.60 104.40 10.60 10.60 10.60 10.60 10.60 10.60 10.60 10.60 10.60 10.60 10.60 10.60 66.20 10.60 10.60 10.60 10.60 10.60 10.60 10.60 10.69 10.60 33.60 33.60 33.60 10.60 10.60 10.60 100.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40eOO 40.00 40.00 40.00 40.00 $0.00 40.00 40.00 40.00 40.00 40.00 40.00 49.00 Tom Waugh 5 7 83.60 Same 5 8 11.20 Same 5 9 10.60 V.E. Dabney 5 10 11.44 Same 5 11 90.00 Same 5 12 11.44 Frank Prince 6 1 40.00 G.E. Ripley 6 2 10.60 Same 6 3 10.60 Same 6 7 40.00 Same 6 8 40.00 Same 6 9 40.00 Same 6 4 55.80 Same 6 5 10.60 Same 6 6 10.60 G.C72 Droke 6 10 40.00 Same 6 11 40.00 Same 6 12 40.00 Jeff Davis 7 Ni 1 100.00 Geo N. -Cade 7 Si 1 112.20 Same 7 5 10.60 Same 7 6 10.60 G.F. Ripley 7 7 40.00 Same 7 8 40.00 Same 7 9 40.00 Same 7 10 40.00 Same 7 11 40.00 Jeff Davis 7 2 14.00 same 7 3 14.00 Same 7 4 90.00 1 tl r OWNER DUNCAN'S ADDITION ( Cont'd) BLO EK LOT 199 BENFFITS G.E. Ripley 8 1 40.00 Same S 2 40.00 Same 8 3 40.00 Same 8 4 40.00 Same 8 5 40.00 Same 9 1 40.00 Same 9 2 40.00 Same 9 3 40.00 G.W. Droke 9 4 40.00 Same 9 5 40.00 Same 9 6 40.00 PUTMAN'S ADDITION R.Y. Landron 3 1 100.00 Same 3 2 100.00 Same 3 3 10.60 Redding Putman 3 4 10.60 Same 3 5 10.60 Same 3 6 10.60 Same 3 7 10.60 Same 3 8 10.60 Gilbert Cady 3 9 50.00 Same 3 10 50.00 Same 3 11 50.00 Same 3 12 10.60 COUiJ'Y COURT PLAT SE SVI 16 - 16-- 30 F.W. Buxton 14 83.20 Roy Dunn 14A 83.20 Lee Black 14B 69.60 A.E. LhAton 14C 20.80 R.S. Black 17 600.00 Same 17A 600.00 Same 17B 200.00 Same 17C• 200.00 Same 17d 200.00 Same 17E 200.00 Security Mutual Ins. Co. Nl 18 243.60 Geo Broyles Sy 18 100.00 J.L. Hewitt S1/3 27B 60.40 M.E. Church South N1/3 27B 69.40 Amanda Stone C 1/3 27B 60.40 L.B. Stone 27C 22.80 G.R. Broyles 27A 34.80 Same 27 34.80 COUNTY COURT SUBDIVISION SW -,SW 16/ 16/ 30 James Rocher 1 150.00 C.R. Hunt 2 150.00 Phipps Lumber Co. 3 200.00 A.B. Stone 4 2500.00 St & S.f Ry Right of way 166.20 COUNTY COURT SUB DIVISION NVI SW 16/ 16/ 30 E.M. Ratliff 2 except SEF 900.00 J.H. McIlroy NE SEF 2 75.00 School District 1 S3/4 se �� 2 250.00 B.H. Stone W 21,L acres Lot 3 250.00 D,H, Jeffers 1 400.00 Denver Biggers All 3 except W 22 acres 800.00 A communication from the Mayor having been read to the Council Alderman Pearson moved that the same be spread of record, which motion being seconded by Alderman Harding, recieved unanimous vote of the members present;- a Copy is% as follows; - City Council, yetteville, Arkansas. Gentlemen; Fayetteville, Arkansas July Rlst, 1927. Over a period of several years Fayettevillehas grown and I improved until it has become favorably known all over the state as a modern, clean and hi sive city. This opinion of Fayetteville has resulted in od will that has LI 200 land is, of inestimable value to the city* The fact that.the.Commissioners of Sewer Improvement District Number One have construct certain sewer lines that do not meet the approval of the Council; or that the Sewer Commis- sion erred in judgment in not providing for sewer disposal before constructing the questione sever lines, shlol)d nol as I view the issue, enter into the question of sewer disposal. The fact that the State Board of Health has condemned the present location of the septi tanks and ordered their removal, and the city of Fayetteville, has refused to comply with that order, is in.itself highly Xnfavorable advertising; and in the event the State Board of Health should attempt to compel the removal of the tanks, the favorable advertising and good will gained by the City in the last few ,years would go for naught. The State Board off; Health having refused to approve the plan of rebuilding the tanks upon their present locapion,I can see no choice except to comply with the order for removal, or contest through the courts the jurisdiction of the State Board of health, and I trust the latter will not be forced upon us. Very Respectfully, Allan M. Milson, Mayor, .After a� h'rough and exhaustive discussion of the problem, Alderman Bynum introduced the following r,,e:solution and moved its adoption. This motion was seconded by Alderman Pearson, and received the following vote; ayes Aldermen Harding, Drake, Bynum, Scott, Pearson Fuller; nays Alderman Stanford; absent and not voting Alderman Jones. The -Mayor declared the motion passed and the•'resolution adopted. A copy is as follows; Rr %,OLUTI ON. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: .emoval of k, SECTION ONE: Septic That the.Commissioners of Sewer Improvement Distriet.Number One of the City of Tanks; Fayetteville, Arkansas be, and they are hereby directed to remove outside the city limits of said City, both the septic tanks of said Sewer District, and complete said improvement. SECTION TWO: That if the funds derived from the sale of Sewer Bonds shall be insufficient for this work, appropriations shall be made from the revenue's of the City Water Plant to supple the defic&ency. SECTION THREE: That all the work shall be properly advertised and let to the lowest and best bidder, provided that the Council does hereby reserve the right to reject any and all bids, in which event the Commissioners shall proceed to do the work necessary for the completion of said improvement. SECTION FOUR: That this resolution shall be in force and effect from and after its pas age and approval. John Bynum Attest; J.C. Massie, Clerk Approved; Allan M. Wilsom, Mayor. i Alderman Harding then moved that the ordinance providing for the reassessment and RD.658 additional assessment of Sewer Improvement District Number One of the City of Fayetteville,. EASSESS Arkansas be placed on its third reading and fihal passage. A;derman Pearson seconded' the MENT motion which received the following vote; ayes Aldermen Harding, Drake, Bynum, Scott, F SEWER ' IMPR. Fuller, Pearson; nays Alderman Stanford; absent and not voting Alderman Jones. The Mayor DISTR. N0. 1; declared the motion passed. The Ordinance was read the third time. The Mayor then announced the question before the Council is shall the ordinance pass;' and called for the vote on its passage, which resulted as follows; ayes Aldermen Harding, Drake, Bynum, Scott, Fuller, Pearson; nays Alderman Stanford; absent and not voting Alderman Jones.. The Mayor declared the ordinance passed. A copy is as follows;- J 51 u 20-IL NUMBER 658. ORDINANCE OF THE CITY COUNCIL OF AYETTEVILLE, ARKANSAS, AUTHORIZING A RE -ASSESSMENT, AND AN ADDITIONAL ASSESSMENT OF THE REAL PROPERTY IN SEWER IMPROVEMENT DISTRICT NUMBER ONE(1) OF THE CITY OF FAYETTEVILLE, ARKANSAS. 1'?.THEREAS, this City Council, by ordinance number 196,duly passed and published,organized, created and laid off all of the property in the City of Fayetteville, Arkansas, and desig- nated the same as Sewer Improvement District Number One(1) of the City of Fayetteville, Arkansas; and WHEREAS,steps were taken by the City Council for the levy of assessments for making said improvement;" qnd l Id 4VHEREAS.This City Council on the theltwenty-sixth day of July, 1907, duly levied assessment in said District for the purpose of installing, maintaining and operating a system of sewer for the City of Fayetteville, Arkansas; and VMEREAS,by that ordinance the assessments levied and to be levied were declared a lien upon the real property of said District; and VMEREAS,the Board of Improvement has found and determined that said assessments were insuf'- ficient to complete the improvements authorized by the proceedings of the City Council'ofl the City of Fayetteville, Arkansas,and by the petition of the property owners in the fro *t-1-cs original formation of said Improvement District; and City COW /' WHEREAS,the said Board of Improvement has reported to this/Council of the City of Fayetteville Arkansas, the amount of the deficiency, together with the plans and estimates of the cost necessary to complete the original said original improvement as authorized by the ordinances laying off the same, and creating the same; and HVIERE,13,the petition of the majority of the real property owners within said District author- Hized said Sewer System to be constructed, installed, man tained, and operated and extended; and, /� HVEREAS,the said Board has determined and found that.fOr the protection of said Sewer System the it is necessary to make improvements reported by said Board, and that without said improve- ments the said Sewer System will be useless,�and of'no value whatever,and, that the health and life of thecitizensof Fayetteville, Arkagsas, will be endangered unless said improve- ments , extensions and replacements referred to be, made at once;`and, IHWEREAS, said original improvement as authorized by the petitions and by the proceedings of. the City Council of the City of Fayetteville, Arkansas,has not been completed and paid for out of the assessments heretofore made; THEREFORE, BE IT ORDIINED BY THE CITY COUNCIL OF THE CITY OF FAYETTTTIILLE, ARKANSAS: SECTION ONE: That the report of the Board of Improvement of Sewer Improvement District Number One (1), be, and the same is hereby approved. SECTION T1710: That it absolutely essential for the protection of the health and life of the I inhabitants of the.City of Fayetteville, Arkansas,that the improvements originally planned be completed,and that additional assessments as provided by Section 5665 of Crawford and I Moses Digest be made. r SECTION THREE: That an additional assessment is hereby authorized, and directed, and required to be'made for the sum sufficient to complete said improvement. SECT�ION FOUR: That said assessments be made by assessors, as required by law, it I SECTION FIVE: That F.P. Hall, W.C. Hight and Clem Pearson are hereby elected and appointed as assessors to make the above assessment,as required by law, and to assess the benefits and assessments against all the real property in said District, and to make and file said I lassessment,as required by Section 5658 of Crayford and Moses Digest. 202 STREET IPMENT : SECTION SIX: That said benefits when so made by the assessors,shall be, andare hereby decla to be,when made and filed according to law,a charge and lien against all the real property in said District, and the same.shall be collected annually at the times and dates that said assessments have been collected under the original proceedings, and that Ten per cent•10%), if necrasary, and only so much thereof as may be necessary to pay the obligations of said District of said assessments be collected annually. SECTION SEVEN: All Ordinances in conflict herewith are hereby repealed. SECTION FIGHT: It is hereby declared to be necessary and. essential to preserve the health and life of the inhabitants of Fayetteville, Arkansas, that this ordinance be in effect and full force from and after its passage and publication,.and the City Council of the City of Fayetteville,Arkansas, finds as a fact the condition of the sewer system at Fayetteville, Ar ansas, is such that if said repairs are not.made irreparable injuryand damage will be done to the inhabitants of the City of Fayetteville, Arkansas,and the real property therein located. Therefore an emergancy is hereby declared. Passed and approved this 22nd day of July, 1927. .�'o Attest; J. C. Massiep, Clerk. Approved; Allan M. ,Nilsom. Mayor. The Mayor reported for the Street Committee, thatinvestigations had been made by said Com, and himself as to the needs of the Street department and the different street working machinery, and suggested the purchase of equipment of the value of .',`;3,500 or more. After an informal discussion of the matter, further action was delayed, pending more detailed information. No further business appearing the Council adjourned. Attest; � � op � Clerk. Approved;�� Mayor,