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HomeMy WebLinkAbout1928-04-02 Minutes267 ADJOURNED MEETING OF THE CITY COUNCIL HELD MARCH 28th, 1928. PURSUANT TO ADJOURNMENT, the City Council of the City of Fayetteville, Arkansas, met at 70.30 P.M. on the 28th day of March, 1928, when there were present, ' IMayor, Allan M. Wilson, Clerk,.J.C. Massie, Aldermen Bynum, Drake, Fuller, Harding, Pearson,) Sones, Scott, Stanford;absent none. eading of the minutes of the meeting of March 26th, 1928 was deferred to the next regular meeting. OSE: ITHE Mayor announced the purpose of the meeting to be the consideration of the matter of the indebtedness of Willow Avenue Improvement District Number One to the City for money advance in March, 1923. The following members of the Board of Improvement of said District, viz; C.A. Pearsom and Marcus Hulse; also the members of the Board of Assessment of said District viz; 1.H. Markle, W.L. Crouch and Fred Readels, were present, and laid before the Council such information of the condition of the finances of the District as they possessed. After some informal discussion, following the reading of the resolution of the Council pertaining to the matter and the note given by the then Board of Improvement of said District Alderman Jones moved that the matter be referred to the Finance Committee, with instructions to confer with the Board ovimprovement of the District as to a method of settlement, and report to the Council at their earliest convenience. The matter of the proposed bond issue was also informally discussed by various members of the 6ouncil, showing a general opinion that said issue should be confined to few items;prefer- ably, the securing of a City Hall with an Auditorium, as the most needed item, with the avdation Field second. No further business appearing, the Council adjourned. Approved; �Q�y, "yy� Mayor. Attest; Clerk. ffi I REGULAR M-7ETQNG OF THE CITY COUNCIL HELD APRIL 2nd, 1928. I ENT: he Mayor, Allan M. Plilsom, C1erk,.J.C. 1v1assie, Aldermen Bynum, Fuller, Harding, Jones,Pearsoi Scott, Stanford; C3tynAtt6rne7.;.nGeo:kA;Hurst; City Engineer, E.M. Ratliff Representativ of theCivic Arts League, D.M. Moore and L.L. Brown; absent Alderman Drake. MINUTES of the meetingd of March 26 and 28, 1928 were read and approved. FOLLOWING BILLS against the City, being in proper form and duly approved, were allowed and ordered; paid on motion by Alderman Pearson, seconded by Alderman Bynum passed by the unanimous vote the members listed above as present and so declared by the Mayor;- Leslie Scott Machine Work it $15.00; Esco Mfg Co. 4$10.70;Lewis Bros Co., 4$0.90;City Transfer Co., $0.50, and43.48;Fay- etteville, Caol Co. $9.75;Heerwagen Bros. Co.$4.45, and $8.60; W.A. Gregg x'2.00; and $4.00; Dr. A.I. Moore 4$12.00; Winchester Cash Market, 4$84.96; Lucas & Cosby 4$111.65; Dave Condra $36.00;Ed Malone $15.00, A.C. Hart $30.00; Ben Porter #35.00; Salsbury & Sandford $12.50; Allan M. Wilson 4$10.00. In compliance with Section 7585 Crawford & Moses Digest of the Statutes of Arkansas, the ION OF ARRANTS: City Clerk, J.C. Massie submitted to the Council Proof of Publication C& and of Posting of the notice of the action of the City Council at its meeting on the 19th day of December, 1927, calling on all holders of Warrants of the City of Fayetteville, Arkansas bearing date prior to April 30th, 1927, to present the said warrants to the Council for examination, re -issue and cancellation on or before April 2nd 1928.Said proof as to publication consisted of the affidavit of J.D. Hurst, Manager of the Fayetteville, Daily Democrat to the effect that said notice was published in said paper on December 22 and December 29, 1927; and as to Posting, the affidavit of City Clerk J.C. Massie. Said proofs were accepted by the Council as conclus!iv rIPTS The Mayor filed with the Clerk a receipt showing payment to the City Street Fund of $30.20 FD BY for water tile sold to the City water Plant, and for4$21.95 paid by Road District No. 2 for use OR: of City Street equipment. 268 S: Da -D. 573. I.D. 36; i ORD: 679 I.D. 37; The monthly reports of the City Purchasing Agent, The City Clerk, The City Collector, The Police Judge and The Fire Chief were filed with the C-ork and on motion were orderad vc;ce.i ai.d filed. Alderman Jones introduced an ordinance to repeal Ordinance Plumber 676, passed and on the 31st day of January, 1928, which was read the first time. Alderman Jones then moved that the R;?les be suspended and the ordinance placed on its second reading. This motion was seconded by Alderman Harding and received the following vote; ayes Aldermen Bynum, Fuller, Harding, Jones, aearson, Scott, Stanford; nays none; absent and not voting Alderman Drake, The Mayor declared the motion passed. The Ordinance was read the Second time. Alderman Hardi then moved that the Rulaes be furthed suspended and the ordinance placed on its third readin and final passage. This motion was seconded by Alderman Fuller and received the following vo ayes Aldermen Bynum, Fuller, Harding, Vones, Peaason, Scott, Stanford; nays none; absent and not voting Alderman Drake. 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 follows; ayes Aldermen Bynum Fuller, Harding, Jones, Pearson, Scott, Stanford; nays none; absent and not voting Alderman Drake. The Mayor declared the ordinance passed, A copy is as follows;- ORDINAI4CE NUMBER 678. AN ORDINANCE ENTITLED " AN ORDINANCE TO REPEAL ORDINANCE NUMBER 676,PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS JANUARY 31st, 1928% FJHEREAS : , .On the 31st day of January, 1928,the City Council of the City of Fayetteville, Arkar did pass and approve Ordinance Number 676,Levying a reassessment of benefits on Paving Ilp- provement District Number Thirty-six, of the City of Fayetteville, Arkansas; 'and PIf'iEREAS, The City Council of the City of Fayetteville, Arkansas were without authority for permitting a reassessment at this time; and WHEREAS, it is necessary to stand upon the original assessment as filed on October W 3rd, 1927; Now, therefore, be it ordained by the city council of the city of afyette ille, Section 1. That Ordinance number 676 of the City of Fayetteville, Arkansas,be, and the same is hereby, repealed. Section 2.That this ordinance be in full force and effect from and after its passage,approv- al and publication, and that all ordinances or parts of ordinances in conflict herewith be, and the same are hereby,repealed. Passed and approved this 2 day of April, 1928. Approved; Allan M. Wilson, Mayor. Attest; J.C. Massie, Clerk. Alderman Jones introduced th an ordinance of repeal Ordinance Number 677,passed and approv on the 31st day of January, 1928, which was read the first time. Alderman Harding moved tha the Rules be suspended and the ordinance placed on its second reading. Alderman Scott secon the motion which received the following vote; ayes Aldermen Bynum, Fuller, Harding, Jones, Pearson, Scott, Stanford; nays none; absent and not voting Alderman Drake. The Mayor declar the motion passed. The Ordinance was read the second time. Alderman Fuller then moved that the Rules be further suspended and the ordinance placed on its third reading, .and final pass T#is motion was seconded by Alderman Bynum, and received the following vote; ayes Aldrmen' Bynum, Fuller, Harding, Jones, Pearson,•Scott, Stanford; nays none; absent and not voting Alderman Drake. 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 3; N 7 269 called for the vote on its passage, which resulted as follows; ayes Aldermen Bynum, Fuller, Harding, Jones, Pearson, Scott, Stanford; nays none; absent and not voting Alderman Drake. I IThe Mayor announced that the ordinance was passed. A copy is as follows; ORDINANCE NUMBER 679 AN ORDINANCE ENTITLED " AN ORDINANCE TO REPEAL ORDINANCE NUMBER 677,PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANBAS,JANUARY 31st, 1928". WHEREAS, On the 31st day of January, 1928, the City Council of the City of Fayetteville, Arka. sas, didpass and approve,ordinance number 677, levying a reassessment of benefits in Curb an Gutter District Number Thirty-seven, and WHEREAS, The City Council of the City of Fayetteville, Arkansas, were without authority for permitting a reassessment at this time; and WHEREAS, It is necessary t6 stand upon the original assessment, as filed on October 3rd, 1927 NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That Ordinance number 677 of the City of Fayetteville, Arkansasbe, and the same is ' hereby repealed. Section 2. That this ordinance be in full force and effect from and after its passage, a and publication, and that all ordinances or parts of ordinances in conflie$ herewith be, and the same are hereby, repealed. Passed and approved this 2 day of April, 1928. Approved; allan M. Wilson, Mayor. Attest; J.C. Massie, Clerk. )POSAL A communication from the Southwest Power Company by its Vice President and General Manager CM THE POWER G.W. Skow, addressed to Mayor Wilson was read to the Council. After some discussion Alderman) Pearson introduced the following resolution and moved its adopbion. Alderman Fuller seconded the motion to adopt, which received the following vote; ayes Aldermen Bynum, Fuller, Harding; Jones, Pearson, Scott, Stanford; nays none; absent and not voting Ald rman Drake. The Mayor (declared the motion passed and the resolution adopted. A copy is as follows; i RESOLUTION. r(9,p l!l HHEREAS, The following communication from the Southwest Power Company,by G.W. Skow, its Vice Pres&dent,and General Manager,has this day been presented to the City Council of the City ofl Fayetteville, Arkansas; viz;- Fayetteville, Arkansas, Iviarch 29, 1928. Mr. Allan M. Wilson, Mayor City of Fayetteville, *nkan"ff Fayetteville, Arkansas, Dear Mayor; It gives me pleasure to announce that effective March 1st 1928 a discount of loo will be made on the gross amount of all street lighting bills as pro- vided for in the contract existing between the City of Fayetteville and the Southwest Power Company,said contract dated September 24, 1926,providing that all bills be paid by not later thah the 15th day of the monthfollowing that in which the service was rendered. It being provided,of course,that in the event the City of Fayetteville fails to pay -the b within the specified time,then the 10% discount on the gross bill shall not be allowed, GWS -Ms and, Yours very truly, Southwest Power Cpmpany, G.W. Skow, Vice Pres.& Gen Mgr."90 WHEREAS, The said City Council understands the foregoing communication and proposalto be in- tended as an addition to the above mentioned contract to continue during the life of said 11 270 - contract; and, WHEREAS, Such addition to said contract must needs be accepted by the.said City of in -order to render the same effective; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKkNDAS: That the proposal set forth in the above communication from the Southwest Power Company be, and the same is hereby accgpted as an addition to said aforementioned contract,effectiv March 1st, 1928,and during the life of said contract. C.A. Pearson,. A lderman 3rd 1°;ard. Passed and approved this 2nd day of April, 1928. Approved; Allan M. Wilson, Mayor. Attest; J.C. Massie, Clerk. DE11ALKS A petition protesting the action of the City Council in ordering sidewakks constructed on SIDE NTER: the North side of Gunter Street was presented, and after consideration ,it was ordered that a hearing in the matter would be had on Aprith, 19280 at wlich both sides to the contro- versy were requested to be present. ,PEARSON IAt this time Aldrman Pearson, having been called away, was excused from further attendance EXCUSED: '.REPORT OF CCMR'S OF The Board of Impaovement of West Spring Street Improvement District Number One of the Cit 'WEST SPRING Jones STREETI.D.:of Fayetteville, Arkansas presented a report to the City Council,whereupon Alderman D# k#* Harding moved that said Report be received, filed and spread of record. Alderman P#9V*01t seconded this motion which received the following vote; ayes Aldermen Bynum, Fuller, Harding, Jones, Scott, Stanford; nays none; absent and not voting Aldermen Drake and Pearson. The Mayor de- clared the motion passed. The following is a copy of the Report; - "MINUTES OF THE MEETING OF THE BOARD OF IMPROVEMT4UvT OF WEST SPRING STREET IMPROVEMENT DIS- I TRICE NUMBER ONE OF THE CITY OF FAYETTEVILLE, ARKANSAS,AUTHORIZING AND MAKING A REPORT TO T CITY COUNCIL OF THE CITY OF FAYETTEVILLE, OF THE AMOUNT OF THE DEFICIENCY NECESSARY TO COM- PLETE THE IMPROVEMENT ORIGINALLY CONTEMPLATED BY THE PLANS AND SPECIFICATIONS AND THE ORGAN IZATION OF SAID,IMPROVE14ENT DISTRICT, AND TO MAKE NEEDED REPAIRS." i I " The Board was called to order by the •President. All members were present. " The President of the Board announced that the matter to come before the Board,was the question of requesting the City Council to mike another assessment on the property of the District,for the purpose of completing the improvement originally contemplated by the organ izationof said District,and to make needed repairs. From the proceedings of the Board, and from the actual knowledge of the members of the Board,said Board is of the opinion that the assessment first levied has proven insufficient to complete the original improvement contem plated and to make needed repairs. "Thereupon,the following resolution was introduced, and after due discussion,unanimously passed. 10 L U1 at this session. HURST City Attorney Geo. A Hurst, at this time called the attention of the ftn6t?r Council to EMPLOYED TO FINISH CASE the status of the 0** litigation now in progress in an effort to recover from the Counby CITY vs (COUNTY of Washington certain funds wrongfully with -held from the City of Fayetteville, and inquire of the Council whether or not it was desired that he'continue the prosecution of the case. It appearing that such was the desire of the Council, Attorhey Hurst made the following proposition;- That he would continue to prosecute the case through all courts.as far as necessary, including the State Supreme Court, and the County Quorum Court fora"'minimum fee of $350.00; provided that should he succeed in collecting all proved claims his fee shall b 500.00; and that he would also continue the case against the County Judge in the matter of the ejectment of the City from the rooms occupied 'in the Court House, without additional fee. Whereupon Ald rman Harding moved that the proposal of Attorney Hurst be accepted. This motion was seconded by Alderman Bynum and received the following vote; ayes Aldermen Bynum, Fuller, Harding, Jones, Scott, Stanford; nays none; absent and not voting Aldermen Drake an Pearson. The Mayor declared the motion passed. The City Engineer, E.M. Ratliff, reported in reference to the building of sidewalks along (ENGINEER REPORT AS ATO WALK Maple Street, and filling the mud -hole complained of by Mrs Alexander, that the necessary ION MAPLE: grading to prepair for sidewalks would cost approximately $200.00, and that such construe- ; tion would not entirely eliminate the standing water complained of. No action was taken. '.REPORT OF CCMR'S OF The Board of Impaovement of West Spring Street Improvement District Number One of the Cit 'WEST SPRING Jones STREETI.D.:of Fayetteville, Arkansas presented a report to the City Council,whereupon Alderman D# k#* Harding moved that said Report be received, filed and spread of record. Alderman P#9V*01t seconded this motion which received the following vote; ayes Aldermen Bynum, Fuller, Harding, Jones, Scott, Stanford; nays none; absent and not voting Aldermen Drake and Pearson. The Mayor de- clared the motion passed. The following is a copy of the Report; - "MINUTES OF THE MEETING OF THE BOARD OF IMPROVEMT4UvT OF WEST SPRING STREET IMPROVEMENT DIS- I TRICE NUMBER ONE OF THE CITY OF FAYETTEVILLE, ARKANSAS,AUTHORIZING AND MAKING A REPORT TO T CITY COUNCIL OF THE CITY OF FAYETTEVILLE, OF THE AMOUNT OF THE DEFICIENCY NECESSARY TO COM- PLETE THE IMPROVEMENT ORIGINALLY CONTEMPLATED BY THE PLANS AND SPECIFICATIONS AND THE ORGAN IZATION OF SAID,IMPROVE14ENT DISTRICT, AND TO MAKE NEEDED REPAIRS." i I " The Board was called to order by the •President. All members were present. " The President of the Board announced that the matter to come before the Board,was the question of requesting the City Council to mike another assessment on the property of the District,for the purpose of completing the improvement originally contemplated by the organ izationof said District,and to make needed repairs. From the proceedings of the Board, and from the actual knowledge of the members of the Board,said Board is of the opinion that the assessment first levied has proven insufficient to complete the original improvement contem plated and to make needed repairs. "Thereupon,the following resolution was introduced, and after due discussion,unanimously passed. 10 L U1 1 ,, fl 21 WHEREAS, The original assessment, being the assessment first levied, has proved insufficient to complete the orgginal improvement contemplated by the organization of West Spring Street Improvement District Number0he of the City of Fayetteville,Arkansas,and to make needed re- pairs, WHEREAS, It is desired by the Board -that a report of the amount of the deficiency be made to the City Council, as provided under.SECTION5665 of Crawford & Moses Digest; THEREFORE, BE IT RESOLVED: That the City Council be, and.the same are hereby informed by this report that the original assessment made, has proved insufficient to complete the original improvement as contemplat and to make needed repairs, and that this Board has duly ascertained that to complete said original improvement as contemplated, and to make needed repairs, it is necessary to have I levied and collected under the law, and from the tracts and parcels of land described in th original proceedings organizing said'Improvement District, the PRINCIPAL sum of $2,000,00, and that the City Council be authorized,directed and requested to make another assessment on the property previously assessed for a sum sufficient to complete the improvement, and make needed repairs,and that said sum be collected in the same manner as the first assess- ment BE IT FURTHER RESOLVED; That thedoriginaluvaluatione68epropettytinesaideDistrict;being_th total valuation for the purposes of making the assessments for making said improvement/ was the sum of $67,675.00. Under the last assessment said property was valued at the sum of ........... There has been collected of the assessments, the sum of $7,965.00. There has been previously issued by said District bonds in the sum of $20,000.00. There has been previously paid on bonds and interest the sum of $79940.00. There remains unpaid and outstanding, bonds in the sum of $17,600.00. The said additional assessment will not be in excess of,but will be 44nder the 40,% allowe by law. BE IT FURTHER RESOLVED: That said City Council be requested to take immediate steps necessary for the making of said assessment, and that thereafter this Board take the proper steps necessary to borrow the pledged as security for the repayment of the same, all the unpledged assessments and the additional assessments provided for herein, and to be provided for by the City Council, and that the President of the Board and Se cretary, duly sign and attest this resolution, and present the same to the City Council of the City of Fayetteville,with the request that the same be spread upon the minutes of that honorable Body, and that the necessary ordinance be passed without delay to carry out the purposes of this resolution. There being no other business to come before this meeting, said meeting was adjourned. Attest; H.E. Eason, Secretary." "CERTIFICATE. Earl Shook, President. We,the undersigned, President and Secretary of the Board of Improvement of West Spring Street Improvement District Number One of Fayetteville, Arkansas,do hereby certify that the above and foregoing is a true and perfect copy of the resolution this day passed by said Board of Improvement. Earl Shook, Presedent. Attest; H.E. Eason, Secretary." There being no further business, the Couftil adjourned. Approved; Mayor. Attest; Clerk. REGULAR MEETING OF THE CITY COUNCIL HELD APRIL 9th, 1928. The Mayor, Allan M. Milson, Clerk, J.C. Massie; Aldermen Bynum, Drake, Fuller, Harding,Jones,l Pearson, Scott, Stanford;City Attorney, G.A. Hurst; City Engineer E.M. Ratliff. MINUTES OF the meeting of April 2, 1928 were read and approved. ING BILLS against the City,bearing the proper vouchers, and having the approval of the Audit Committee, were allowed and ordered paid on motion by Alderman Harding, seconded by Fuller, passed by the unanimous vote of the Council and so declared. by the Mayor; -viz; rsco Mfg. Co. $10.52;Tropical Paint & Oil Co. $65.70;Dyke Lumber Co. 03.25;Ed Malone $7.50; John Zillah $l2.50;Le:9iis Bros. Co. $2.85.Ozark Filling Station A,4.25•Magnolia Petroleum Co. 633.72;Henry Barton A,25.00;Geo A. Hurst350.00;Ferguson Lumber Co,0.75;A.C. Hart $15.00; B Ben Porter �)15.00;Robt. K. Phillips $=10 6.13; Dave Condra $36.00;Lewis Bros. Co. ?5.15; Bert Watson x"148.45,J.F. Moore $17.25; Ownbey Drug Co., 919.30;Southwestern Bell Tel. Co. $21.63;Fayetteville Printing Co. $}8.25. No further business appearing, the Council adjourned, sine die. Attes, • Clerk. Approved; W404A VW Mayor.