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HomeMy WebLinkAbout1927-12-12 Minutes243 REGULAR MEETING OF THE CITY COUNCIL HELD u DECEMBER 12th, 1927. PRESENT: The Mayor, Clerk; Aldermen Harding, Drake, Bynum, Jones, Scott, Fuller, Pearson, Stanford; absent, none. �1 n-7r�ec d1 .. �4 �Lc�� �3�rr-w c ✓(��,� I:fjinutes of the meeting of December, 5th, 01927 were read and approved. BILLS: IThe following bills against the City were iillowed and aa red paid and the Clerk was direct to issue warrants for the same on motion by 'alderman Scott, seconded by Alderman Hard ng, passed by the unanimous vote of the Council and so declared by the Mayor;Dave Condra $36.000I Jim Mitchell $15.00;Johh 'Zillah $11.25;Harry E. Hamilton $3.10;Magnolia Petroleum Co. $30.78; Kelly Bros, Lumber Co. $11.2O;Lewis Bros. Co. $3.12; Universal Traffic Control Co. $95.00; Tropical Paint & Oil Co. $38.8O;Goss-Rogers Electric Co. ",.65;Vosberg Paint -wall paper Co. $,1.7.5;I4i.E. Oliver $1.5O;Henry B. Walker $14.00;Democrat Publishing Co. $2.94; Amo Fitzpatrick $17.30;( Roche & Moore $176.90 allowed November 14th,1927 see page 239 and issued of this date) RESIGNA-1 The Resignation of B.F. Campbell as member of the Boards of Assessment in Annex Number One to TION OF BF CAMP- South College Avenue Improvement Dsirtict,'=q13,: tr Number One of the City of Fayetteville, BELL: nsas; '!all Street Improvement District Number One of the City of Fayetteville, Arkansas; East Center Street Improvement District Number One of the City of Fayetteville, Arknsas; ' and West Mountain Stree��t//�(I(mprovement District Number One of the City od Fayetteville, Ark- ansas. Alderman Harding moved that the resignation of B.: Campbell from membership in the regoing Boards of Assessment be accepted, effective at once. This motion was seconded by TIS derman Drake and received the following vote; ayes Aldermen Harding, Drake. Bynum, Scott, er, Pearson, Stanford; nays none; absent and not voting none. The Mayor declared the motion passed and the resignation accepted. ORD. CALLING Alderman Jones introduced an ordinance calling in certain outstanding warrants for IN CERTAIN OUTS Ithe purpose of examination, cancellation and re -issue, which was read the First time. STANDINGI This motion was seconded by Alderman Drake and received the following vote; 7lARRANTS:Alderman Aldermen Harding moved that the RulA4 be suspended and the ordinance palced. on its second reading. This motion was seconded by Alderman Drake and received the following vote; ayes Aldermen Harding, Drake, Bynum, Jones, Scott, Fuller, Pearson, Stanford; nays none, absent Inot voting none. The Mayor declared the motion passed, The Ordinance was read he second time. COMI.9UNI-CATION A communication from the Board of Managers of the City Ciater Plant was read to the FROM THE 'MATER Council, whereupon Alderman Jones moved that said Communication be received and spread of reco COMRS.: This motion was seconded by ;Alderman Iiarding, and passed by the unanimous vote of the Council. A copy is as follows; Fayetteville, Arkansas, Dec. 12, 1927. on. IJtayor °: City Council ayetteville, Arkansas. Gentlemen; The City Water Board at their meeting held De ember 10, 27, to consider the amount due the City of Fayetteville, for advances heretofore made to th ater Plantwhen they were without sufficient funds to meet their demands heard report of r Al Colleir, representing the Water Boaud and Mr. Cd)llin Massie, representing the City, as uditors. Their audit was not entirely clear as the records from which they obtained. the detailed nformation contained in their report was not entirely clear or convincing. Their report is ttached hereto. the Crater Board, by motion adopted, authorized the undersigned to confer with your Hon ouncil, and determine your views concerning the report of this committee and upon report ame back to the 1:7ater Board at next meeting. The 11'ater Board also agreed that the City Council must assume entire responsibility by rdinance for any demands or settlement that they found due them whether by compromise or therwise and that the individual members of the Water Board should be relieved of all liab4 ty for any settlement or payment under the said ordinance or resolution charging out of the evenue of the City 'later Plant the amount agreed upon in settlement of all present and futu emands upon the revenue of the ':'ter Plant for City purposes accrued. Yours truly, J.H. McIlroy, Secretary. Report referred to in the foregoing as being attached to the communication is as follow Fayetteville, :,_rkansas :ecember 9, 1927. To the Hon Boird og Managers, City Vlater Plant, Fajcetteville, Arkansas, Gentlemen; Pursuant to instructions of your Honorable, together with J.C. IJiassie� , City Clerk, City of Fayetteville, Arkansas, I have made careful examination of all available booka and records in the office of the City Clerk and in the office of the City .Water Plant, which directly or indirectly have bearings on the debt alleged to be due the City General Fund of the City of Fayetteville, by the City '"ater Plant, City of Fayetteville, . ;ome of the books and records so examined are not as speefic as such records should be kept,but in making this examination all records and accounts of doubtful authenticity have been disregarded, and only records of unquestioned accuracy have been taked into account. The result of this emamination is as follows; FUNDS ADVANCED BY THE CITY GENERAL FUND TO THE CITY l';ATER PLANT. Year Month, Purpose Record book Amount 1909 Oct., 8 1911 Mch 15 1914,15,16 City warrant No. 4145, cash Old Ledger for operating expenses p. 433 $1500.00, less payment :$'.500.00 Aug. 13, 1911. To nay balance due 3 banks for construction work Sums in various amounts to cover deficits in oprating expenses as shown by Supt's repoert Recprds City Council Book 1909 914 Apr. 1 Note, Supt Sour Original Note 917 :fpr. 1 Bal due on Clear Creek New Ledger l'Jarrants,issued by Q City of -F. A/c authority of Council Sheet No. 6 924 Mar 24 Rental of offices 8 dears Records City Council 9 mo.(45) mo. 3/24/'24 otal amount due City General Fund by City slater Plant Respectfully submitted, A.L. Collier, J.C. Massie. Committee. .Dl 3&371 The •foll'chving communication was presented to the Council; ORRECTION v F Ii S SES SMENT • To the"Mayor and City Council Fayetteville, Arkansas. $,1,000.00 1,000.00 3,250.00 720.35 1,445.85 900.00 $8,316.20 viz; - Fayetteville, Irkansas 12/ 12/ '27. Gentlemen; We, ,your Board of Assessment of paving Improvement istrict No. 36 and Curb Pc Gutter Improvement District No. 37 respectfully request permission o withdraw the assessment rolls for the above Districts for the purpose of correcting errors nd descriptions. Respectfully submitted, (G.E. Ripley Board of Assessment;) G.N. Cade ( Ni.S. Powers. HWEREUPON, Alderman Harding moved that such permission be, and the same is hereby granted lderman Drake seconded the motion which received the following vote; ayes Aldermen Harding, e, Bynum, Jones, Scott, Fuller, Pearsoo. `�tanford; nays none, absent and not voting none. Mayor declared the motion passed-, and the permission as requested, granted.. SET in regard to street beggars was presented, and referred to the oddinance Com - GARS: (communication ILL FOR LIGHTD: T OF I PLANT: ttee for consideration. request for street light at the intersection of Barrett and North Leverett was referredto e Light Committee for recommendation. e Bill of the Southwest Power Company for street lights for the month of November, 1927 s referred to the Light Committee, with instructions to confer with the said Company, and to secure the matter- as shall place the light bill within the limits of the amount ted therefor. Alderman Drake moved that the report of the ,joint committee, showing a balance of $$8,316.20 e the City General Fund from the City Water Plant be accepted and approved; and that the dinance Committee be directed to prepare an ordinance providing for the transfer of $3,000* cash from ttald the funds of said Water Plant to the City General Fund, and the payment of e remainder of said sum of 9$8,316.20, in such sums and at such times as may be agreed on the Board of Managers of said City ?rater Plant. Also that said Ordinance shall be so frame to absolve the individual members of said ''later Plant from all personal liability or responsibility on account of said transfer of funds. Also that said Ordinance shall set 245 early that the payment of the said sum of F8,316.20 shall be in full payment of all claims the said City Gene'lal Fund *hg.* against said City 17ater'Plant, and shall constitute a jfinal and complete settlement as between said General Fund and the City Water Plant. ' ,Alderman 'earson seconded the motion which received the following vote; ayes Aldermen Harding• (,Drake, Bynum, Scott, Jones, Fuller, Pearson, Stanford; nays none; absent and not voting none.) Fhe 'vTayor declared the motion passed. SERVICE Alderman Harding introduced an ordinance providing for the abrogation of the Service I CHARGE: ;charge by the City "later Plant, which was read the firsttime. Alderman Drake moved that the Rules be suspended and the Ordinance placed on its second reading. Aldrman Pearson seconded the motion which received the following vote; ayes Aldermen Harding, Drake, Bynum, Scott, i 'Jones, Fuller, Pearson, Stanford; nays none; absent and not voting none. The Mayor declared tl he motion passed. The Ordinance was read the second time. (J'No furtherbusiness appearing the Council adjourned.Approved;; Q v �t�i^r Mayor. O Clerk Cf ' REGULAR IrirETING OF THE CITY COUNCIL HELD DECEMBER 19th, 1927. PRESENT: The Idayor, Clerk; Aldermen Harding, Drake, Bynum, Jones, Scott, FuKer, Pearson, Staeford bsent, none. TH MINUTrS of the meeting of December 12th, 1927 were read and approved. HE FOLLO111ING BILLS against the City, bearing the proper vouchers and the approbgl of the Auditing (committee, were allowed and ordered paid and the Clerk was directed to issue warrants for the same on motion by Alderman Harding, seconded by Alderman Drake, passed by the unanimous vote' I !of the Council and so declared by the Irayor;-Dave Condra x;36.00; Jim Mitchell 4?15.00;l.C.Ilar (?`12.50;; Ben Porter �12.50;L'?ashington County Hardware Co. 7Jr-3.92;Z.L. Fincher $5;00; r'ashington Transfer Co. 10 f%1.24, and d?0.37; Democrat Printing Co. 7150; I LATER B'd'l communication from Col. C.F. Armistead was read to the Council, whereupon Alderman Jones ECINDS CTION: moved that the same be received and spread of record. This motion was duly seconded by Ald- erman Harding and passed b- the unanimous vote of the Council. A copy is as follows; - Fayetteville, Arkansas December 18, 1927. To The Hon Iulavor and City Council City of Fayetteville, Arkansas. Gentlemen; The undersigned has been directed by the Board of P.lanagers, City "later Plant, City of Fayetteville, Arkansas, to respectfully transmit to your Honorable Body the following extract copy of the proceedings of the Board og Managers, City rater Plant at a meeting held December 12, 1927. EXTRACT: "On motion by Mr Phipps, seconded by Mr. Appleby and carried by the unanimous vote of .the members present, the records of the minutes of the proceedings of this Boqrd as shown in paragraph 4, page 89 of said minrites at meeting held on Dec. 10, 1927, pertaining to recom- mendations made by this Board to the City Council of the City of Fayetteville, Arkansas in regard to a compromise settlement of indebtedness of City Pater Plant of the City General Fund, be, and the same are hereby rescinded." "I'%ithout objection of any member present,the President of the Board directed the'City ollector to furnish a copy of the above motion to the Honorable and City, Council of the ity of Fayetteville, Arkansas," End of Extract. I certify that the above and. foregoing is a true and correct copy of the record of the ' proceedings of Board of Managers, City rater Plant, held December 17, 1927. C.F. Armistead, � City Collector. 4US LINT: L.L.Franklin presented a project looking to the installation of a Bus Line to make trips on a regular schedule over certain streets of the City, charging a 5 -cent fare for passengers. The matter, after some discussion was left open for future action. i O -RD. TO Alderman Harding called up a certain ordinance providing for calling in certain City IN "'arrants, the same being on its second reading, and moved that said Ordinance be palced on ,CALL CTRTIIN its third reading and final passage. This motion was seconded by Alderman Jones and receiv-1 i 1R'7 i?I`"S 246 REPAIR OF 7VEMENTS : SERVICE (CHARGE: :ACCINA- ed the following vote; ayes Aldermen Harding, Drake, Bynum, Jones, Scott, Fuller, Pearson,. Stanford, nays none; absent and not voting none. The Mayor 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 followsl ayes Aldermen Harding, Drake, Bynum, Jones, Scott, Fuller, Pearson, Stanford; nays none, absent and not voting r The Mayor declared the ordinance passed. A copy is as follows; ORDINANCE NUMBER 674. AN OR1?INANCg TO BE ENTITL70 " AN ORDINANCE TO PROVIDE FOR EXAMINATION, CANCELLATION AND REISSUE OF OUTSTANDING WARRANTS OF THE CITY OF FAYETTEVILLE, ARKANSAS." BE I^1 ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS SECTION ONE: That all outstanding warrants or script issued by the city of fayetteville,Ark- ansas prior to the 30th day of April, 1927,be, and the same is hereby called in for the purpose of examination, cancellation and re -issue as provided in Sections 7584 to 7588 in - elusive, of Crawford & Moses Digest of the Statutes of Arkansas. SECTION TWO: That all such 17arratLts or script shall be presented to the City Council of said City of Fayetteville, Arkansas on the 2nd day of 4pril, 1928, or such Warrants or script may. be filed with the City Clerk of said City prior to said date, in which case said City Clerk shall receipt for the same, and shall present all such warrants or script so filed to the said City Clur_cil on said date, for examination, cancellation and re -issue. SECTION THREE: That all Warrants or script issued prior to said 30th day of April, 1927,by said City of Fayetteville, Arkansas,which are not presented to said City Council on the sai 2nd day of April, 1928, shall thereafter be null and void, and the holder or holders thereo shall..be forever debarred from deriving any benefits from their clairps. SECTION FOUR: That the said -&-City Clerk of said City shall post and publish a notice of this order in accordance with the prIvisions of Section 7585 of Crawford & Moses Digest of the Statutes of Arkansas, and shall submit to said City Council proof of such posting and pub- lic9tion on the said 2nd day of April, 1928. SECTIODI FIVE:. That this Ordinance shall take effect and be in force from and after its passage, approval and publication, and that all ordinances in -conflict herewith -be, and the same arel hereby repealed. Passed and approved this 19th day of December, 1927. Seal) Approved; Allan M.Iailson, Mayor. Attest; J.C. idassie, Clerk. Alderman P^arson moved that the Mayor and the City Engineer be and they are hereby author ized tohave street pavements repaired by patching where needed, provided the expense of sa repairs shall not exceed the sum of One Hundred (100.00) Dollars. Alderman Stanford second the motion which received the following vote; ayes Aldermen Harding, Drake, Byrum, Jones, Scott, Fuller, Pearson, Stanford; nays none, and was declared passed by the Mayob. Alderman Jones called up the ordinance providing for the abolishment of Service charge by the City 'i;ater Plant and moved that it be placed on its third reading and final passage. Alderman Drake secomded the motion which received the following vote; ayes Aldermen Hardin Drake, Bynum, Jones, Scott, Fuller, Pearsonr,a Stanford; nays none, and was declared. passed by the Ifayor. 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, wY resulted as follows; ayes Aldermen Harding, and Jones; nays Aldermen Drake, Bynum, Scott, Fuller, Pearson, Stanford. The Mayor declared the ordinance did not pass.