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HomeMy WebLinkAbout1928-08-27 Minutes325 X REGULAR MEETING OF THE CITY COUNCIL HELD AUGUST 27th, 1928. The Mayor Allan M. Wilson, Clerk J.C. Massie, Attorney Don'Trumbo,Deputy Engineer, Carl Smit (Aldermen Bynum, Drake, Fuller, Harding, Pearson, Stanford; absent Aldermen Jones and Scott. of the meetings of August 20th, and 22nd, 1928 were read and approved. Y BILLS against the City, bearing the proper vouchers and the approval of the Auditing !Committee were allowed and ordered paid on motion by Ald rman Bynum, seconded by Alderman ;Pearson passed by the unanimous.vote of the members present and so declared by the Mayor; Dave Condra $$36.00; E Foster $10.00;Ed Malone $16.50; John Zillah $$3.75 and $$40.50. quests; At the request of Anna Pugh, the construction of a sidewalk was ordered along the south front Pugh. and along the East front of Lot 26, Block 1 Oakland Place, and the Engineer was directed to establish the grade for the same. At the request of F.H. Carl, the Engineer was directed to establish and mark the lines of the '.H. Carl street running East from North College Avenueand known as Baxter Street. 6ppeals; !� i8, 39, ;On motion by Alderman Harding, seconded by Alderman Fuller and passed by the .Col Annex; later #2 ;unanimous vote of the members present and so declared by the Mayor, all appeals pending before I the Council; Viz, in Districts Number 38 and #39, South College Avenue Annex,and Water Improve !ment No. 2were continued to the next regular meeting.x • )vorachek; On motion by Alderman Stanford, seconded by Alderman Harding and passed by the unanimous Building; 'vote of the members present, permission was given H.E. Dvorachek to construct a temporary ;building on Gregg Street West of the P & G.E.• Right, of way, 20' by 60' with concrete floor said building to be removed at the expiration of one year frgm date, or sooner at the option i of the City Council, it being understood that the slab of concrete shall remain in the street without cost to the City. i $317.76 Claim on County, Appeal; FINAL REPORT: VEST LAF. I.D. #r`1 I The Clerk reported that he had filed a claim for delinquent taxes paid to the County Treas- urer, and that said claim had been disallowed by the County Judge; whereupon the City Attor- ney was instructed to perfect an.appeal.to the Circuit Coiurt.I The Board of Improvement of west Lafayette Avenue Improvement District Number One of the Cita of Fayetteville, Arkansas filed iys final .report,together with its check for $$198.80, payable to the City Street Fund. Said report having been read to the Council Alderman Harding moved that the same be received, filed and spread of record ,and the Board of Improvement for said District be disolved and its members discharged with the thanks of the Council. Alderman Fuller seconded the motion which receiued the unanimous vote of the Council,and was declared; passed by the Mayor. The following is a copy of the report. FINAL REPORT OF COMMISSIONERS, ijEST LAFAYETTE AVENUE IMPROVET.7ENT DISTRICT #1. Fayetteville, Arkansas, August 15, 1928. To the Mayor'and Council Fayetteville, Arkansas, Gentlemen; The.Commissioners of west Lafayette Ave. Imp. Dist. #1 beg to submit our final report,as follows; Namely, that during the month of September, 1917 a P petition was presented to the City Council of the City of Fayetteville, praying for certain street improvements,in certain specified territory, described in said petition, and the Counli did, at the request of the petitioners, form what is and hq.s been known on the City records as I west Lafayette Avenue Imp. Dist. #1, such and said ordinance being #384 and dated as being iri !effect on and after April 24th, 1918. The Council in due time appointed Bruce Holcomb, R.E. wages and E.L. Nettleship Commissioners who come to you now and beg to report as follows; THAT we emplo#ed engineers I Dove and Winters of Fort Smith, Arknsas to give us plans and specifications for the desired work in the said District- that we after due course of law gave the contract for the construe -1 326 s Ord. tion of the street,as described in the original petition to the council,.- that we, in order to perform this work,bonded the said District in the amount of $22,500.00 as evidenced by 45 bonds of $500.00 each payable to. the City National Bank of Fort Smith Arkansas, said bond bearing 6% interest,payable semi-annually, and maturing in certain specified amounts over a period of ten years. THAT in addition to this money the City Council passed a resolution in the fall of 1918 giving the District $250.00 each ,year for a period of ten years said money to be used by the Board of.Commissioners to build need street intersections in the District. to retire bomds and interest on bonds. THAT in the latter part of 1922 the street in said District was badly in need of repair, and the Commissioners again bonded the District in the sum of $3,300.00 as evidenced by 6 bonds of %500.00 each and one bond for $$300.00 bearing 7% interest from date until paid -one of the said bonds becoming due January 1st, 1923- one Jan.lst, 1924- one Jan. 1st 1925- one Jan. 1st 1926- one Jan.•lst 1927- one Jan. 1st 1928 and the $$300.00 bond due Jan. 1st 1929. These bonds we sold to the City National Bank of Fort Smith, Arkansas. THat the Council did.appoint assessors and the property in the District was assessed- and money collected each year, according to law to pat and retire the above mentioned bonds together with the interest when due. THAT the Commissioners have made and fil with the City Clerk each year the required repabbs listing moneys received and expended each year. THAT all bonds together with interest have been paid -including the 5$300.00 bond which does not mayure until Jan. 1st, 1929. That we hold a repease letter from the City National Bank of Fort Smith Arkansas dated Jan 18th, 1928 setting forth the fact that the bonds above mentioned and described have all been paid. THAT the-purposesfor which the Commission were appointed have been fulfilled to the best of our ability and we respectfully request - that you file this report with your auditing committee, and discharge the Commissioners. Signed by our own hand this dad• and date first above written. E.L. Nettleship R.E. Wages. P.S. The District has to its credit after all indebtedness has been paid,$198.80 in the Firts National Bank, in Fayetteville, Arkansas. Alderman Drake introduced an ordinance granting to John McCullough of Tulsa, Oklahoma a z.franchise to furnish gasps to the city of Fayetteville, which was read the first time. Alderman Pearson moved that the Rules be suspended and the Ordinance placed on its second reading. Ald rman Fuller seconded the motion which received the following vote; ayes Aldermen Bynum, Drake, Fuller, Harding, Pearson, Stanford; nays none; absent and not voting Aldermen Jones and Scott. The ordinance was read the second time. The Mayor then announced that the ordinance is now open for discussion or amendment. After some discussion Aldrman Drake moved that Section 5 be amended by striking out the words "or of a sum sufficient to cover the cost of such service for two monthg. This motion was seconded by Atderman Bynum and received the following vote ayes Aldermen Bynum, Drake, Faller, Harding, Pearson, Stan- ford; nays none; absent and not voting Aldermen Jones and Scott, and was declared passed by the mayor- and the amendment so made. Alderman Pearson then moved that the Rules be fur- ther suspended and the ordinance placed on its third reading and final passage. This motion was seconded by Alderman Stanford and received the following vote; ayes Aldermen Bynum,Drak Fuller,Pearson, Stanford; nays Alderman Harding, absent and not voting Aldermen Janes and Scott, and was declared passed by the Mayor. The ordinance was read tie third time. IThe 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, Drake, 11 V 27 Fuller, Pearson, Stanford; nays Alderman Harding; absent and not voting Aldermen Jones and Scott. The Mayor declared the ordinance passed. A copy is as follows;- I� ORDINANCE NUI4BER 692. �� 1 An ordinance granting to John McCullough a franchise for the term of fifty Years•to pro= vide a sysjyem for the supply of gas to the City of Fayetteville, Vlashington County, Arkansas,i land the inhabitants of said City. . Be it ordained by the City Council of the City of Fayetteville.it"kEstggff'Washington County, (Arkansas; SECTION 1. That there is hereby granted to John McCullough, of Tulsa, Oklahoma,hereinafter called the grantee, and to his successors and assigns, the franchise right and privilege of supplying gas to the City of Fayetteville,.Vlashingmon County, Arkansas,hereinafter called the City, and to the inhabitants of said City,for the term of fifty (50) years from the passage of this ordinance as required by the laws of the State of Arkansas; it being understood and agreed that all rights and privileges herein granted and all restrictions hereby imposed shall ex- tend to and be binding upon said grantee, his successors and assigns. SECTION 2 • ,The grantee is hereby granted the right-of-way in,through, under and over all streets, avenue's ' 49nd alleys , sidewalks and public grounds of said City for the purpose of erecting, construct i ling, operating and maintaining its gas plant and supply system,for laying mains, laterals and other agencies for the distribution and supply of gas,with the right and privilege of I erecting and installing any and all fixtures and appliances necessary for the maintenance and operation of said gas plant and system. No obstructions of traffic on the streets, I avenues or alleys shall be for a greatter time than shall be actually necessary, and all 'streets, avenues, alleys, sidewalks and other public grounds shall be put in as good condition i as before without unreqsonable or unnecessary delay,at the expense of the grantee; and any ,replacements, repairs and rebuilding/ of such streets, aveneus, alleys, sidewalks or other public grounds shall be at the expense of the grantee when caused by the requirements of the grantee's system or gas plant or appurtenances, Grantee is hereby further granted the privi lege of removing his gas plant and system, pipes,mains, laterals and other property,at the I expiration of the term of this franchise,or the earlier termination thereof; provided, that said said grantee shall put the property of City and its inhabitants from which such property ishall be'removed in as good condition as before,at his own expense and.wmthout unreason- able or unnecessary delay. SECTION 3. The City shall make,adopt and enforce all ordinances necessary to protect said gas plant or plants 00,system and property of whatsoever kind connected therewith or used in the oper-� arion thereof, and to protect the grantee in the sale and unrestricted use and enjoyment of I 'all privileges and rights under the franchise herein granted. I SECTION 4. The grantee will not and shall not be regthired to extend his mains and facilities at his A JLA t� W sole cost,and to furnishtoconsumers,unless such consumers in the district to be served by such extensions make and execute bona fide contracts for the consumption of gas at the rates) established at the time of making such extensions,amounting annually to one-half the cost of i such extensions, and then only after a majority vote of the City Council; provided; that nothing herein contained shall prohibit the grantee from entering into and enforcing contract; and agreements by which the consumers shall pay a portion of the cost of such extensions inti districts where the annual gross revenue shall not amount to one-half the cost of such exten-' Isions. • SECTION 5. The City shall and does hereby grant to the grantee the right to furnish gas to the in- habitants of the City of Fayetteville, Arkansas.at the following rates,to-wit; For the first 500 cubic feet per month; $1.00 per 1000 cubic ft. For the next 1500 cubic feet If " ; .07 per 100 cubic ft. For the next 5000 it It If" , .O5 per 100 cubic ft. r;a;Sy©©© st;o-:e;;:!t::::ar;aft;a:r:aar!ba:ys:a:====;:::;;,:_:_:©©42 ;per. aab2c;ft::ea;:e:•;: 328 For the next 13;000 Cubic feet per month For the next 10;000 It it It For the next 10,000 '•,~a;the-nox-t80y000; PC-= For the ne kt 602000 �i " ' i� " , For all over 100,000 , $0.04; per 100 cubic ft. :04 per 100 cubic ft. .03z per 100 cubic ft. .03 per 100 cubic ft. :022 per 100 otbic ft. may charge an additional ten per cent of the amount due in the event that the patron doe pay for said 'service when due, within ten days after a statement of the amount due has een deposited in the post office addressed to the patron,with postage prepaid. Said grantee s hereby further granted the privilege to cut off the service to any patron for nonpayment f the bill for gas,after the same has been delinquent for fifteen days, and may collect a easonable fee for again connecting the premises of such patron with gas service; and said may regAtee a deposit by any customer receiving domestic service from the grantee's s system of the sum of Five -Dollars ($5.00)0 as the requirements made by the State of Ark- sas,or imposed by it from time to time,whether statutory or otherwise, may provide. e grantee hereby agrees and firmly binds himself,his suscessors and assigns to provide at 1 times an adequate supply of gas both for domestic and industrial purposes for the inhab- itants of the City of Fayetteville. ION6.l The grantee agrees to enter into a contract with the City of Fayetteville to furnish said city with gas for public uses at a rate to be determined by the grantee herein and the city council of said City; it being contemplated that the City may tap the main lines of the antee''s gas system for such purposes at its own proper cost and expense,at the times and in the manner provided by.said contract.. For and inconsideration of the rights and privileges herein extended to to the said grantee by the City of Fayetteville, the said grantee agrees to furnish gas for lighting and heating the City Hall, and Fire Stations free of all cost to the City for the entire period of this franchise; and to furnish gas for lighting, heating, cooking and refrigeration of any one bona fide Municipal Hospital owned and operated by the said City at a cost of thirty per cent discount off rates as herein established for the entire term and period of this franchise,the City to furnish meter for the hospital at its own cost ION7. The grantee has the privilege of collecting from each consumer a minimum rate of One Dollar ($1.00)($1.00 per month for gas furnished ,where connections kkve been made and meters installed, even though no gas is used through such meters and connections,except in case the grantee shall fail or refuse to supply gas to such consumer. MP ��cs�s•mstsa�g�r��st0�:a�=:-3�tg4 f � _ 4,•�•3sgst�::�sasings� SECTION 8IIt is hereby agreed and understood that the rates herein made and established are subject to I change by such authority as shall be established for such purpose by the laws of the State of Arkansas. ION 9.1 It is further agreed and understood that the grantee herein shall have the right to con- duct a gas business in the City of Fayetteville, Arkansas,during the period of the franchis herein and hereby granted; and that the City may make all reasonable rules and regulations for the management of the grantee's gas business. 'ECTION 30. The gas system herein provided for may extend to and cover all the territory in the (City of Fayetteville embraced within its corporate limits. SECTION,11. The grant^e agrees to commence the installation of said gas system within six months I from the date of the passage of this ordinance, and to complete said gas system,and be rea to furnish gas to; the inhabitants -of the City of Fyyetteville within twelve (12) months from the date of the passage of this ordinance, and upon the failure of the grantee to icomply with either of the provisions of this section,this ordinance and franchise may, ION 1 TION LECdIS' I gas to Us provide f or Pumps; a29 at the.option of the C(hty Council, become null and void and be declared forfieited and repealed. In the construction, operation, repairing or removal of the gas system,the grantee shall use every reasonable precaution to avoid damage or injury to persons or property,and shall hold and save harmless the City of Fayetteville from damages, injury, loss or expense caused by the grantee in the construction, operation, rmoval- repairing or removal of said gas system. The grantee shall not be permitted to excavate any *trpoot public street, alley, avenue, sidewalk, curb, gutter or parking,or to break or cut into any pavement,or to tunnel under any pavement for the purpose of constructing,operating, maintaining or removing the sa gas system until a permit so to do shall have been granted by the City Council; and no such permit shall be so granted until the said grantee shall have executed bond,in the amount and form to be approved by the City Council,and conditioned to repair any and all damage resulting to either paved or unpaved streets, alleys or avenues, or to sidewalks,curbs, gutters or parkings by reason of such excabation,tunnelling or breaking; and all such exca- ivation,tunnelling and breaking shall be done under the direct supervision of the City ssgist:>I Engineer, or such other agent or representative appointed for the purpose by the said City i ;Council. 3. This ordinance and all of its terms and provisions, and the franchise hereby granted, ah shall be in force and effect from and after its passage, approval and publication, and provided further that this ordinance shall be deemed to be rejected by the grantee, and none! of the pVaV19 onta franchises, rights or privileges hereby granted and conferred shall be !effective, but all of the same shall cease and determine, unless the grantee, within thirty i 1(30) days after the result of such election is declared,xshall file with the City Clerk of i the City of Fayetteville,his written acceptance duly executed according to law,accepting all the terms, provisions, conditions and obligations thereof,and, within six months after the passage of this ordinance, shall begin the construction of his gas plant and system in said City. A.D. Passed and approved this 27th day of August, 1928. Approved; Allan M. Wilson, 74ayor of the City of Fayetteville, Arkansas, Attest; J.C. Lassie, City Clerk. s; On motion by Alderman Harding, seconded by Alderman Stanford and passed by the unanimous vote of the Council permission was granted to V!.J. Lewis to bury three tanks for holding gasoline under the sidewalk on Mountain Street at Lots 5 and 6, Block 29 Original ,City* Alderman Stanford introduced an ordinance providing for he erection of Curb pumps under certain conditions, and amending Ordinance ;lumber , which was read the first tine.! Alderman Pasch g Pearson then moved that the Rules be suspended and the ordinance placed on its second reading, Ald rman Drake secondp.d the motion which received the follwoing vote; ayes Aldermen Bynum, DraKA,, Fuller, Harding, Pearson, *G*ttk Stanford , nays none; absent and not voting Aldermen Jones and Scott. The Mayor declared the motion passed. The Ordinance was read the second time, and was referred to the Oddinance Committee. No further business appearing the Council adjourned. 1 Attest; /<� fZ:� Approved;�— Mayor.