Loading...
HomeMy WebLinkAbout1929-04-29 MinutesI 397 uller, Harding, Stanford, Stephens,; Nays Aldermen Drake, Pearson, Scott. The Mayor declared I T he motion passed. The ordinance was read the third time. t 1� The t;ayor then announced that the g1lest on before the Council is shall the ordinance pass end called for the vote on its passage which resulted as follows; ayes Aldermen Bynum, Harding, Fuller, Stanford, Stephens; nays Aldermen Drake, Pearson, Scott, absent and not voting none. The Mayor declared the vote to be Five in the affirmative and three in the negative, and that he would exercise his right to wit1old his signature till the expiration of the three days allowed him by law. PARKING:I In the matter of all-night parking, the Mayor was authorized to have curb signs hinted forbidding parking between the hours of 2 A.M. and 6 AmMe This action was had on motion by Ald^rman Bynum, seconded by Alderman Drake passed by the unanimous vote of the Council and so declared by the Mayor. F�a On motion by Alderman Fuller,seconded by Aldrman Hardi;Lg and duly ouncil adjourned.Pe��..� Mayor .c � /City Clerk. N ARKANSAS,HELDPRIL GULAR 1 T^IidCCAL29F1929.CITY OF F YETTEVILLE, elOA PRESENT:/The161r, TNS. Tribble, Clerk J.C. Massie, Attorney Don Trumbo; FnRineer F.M. Ratliff; /Ald rmrnynum, Drake, Fuller, Harding, Pearson, Scott, Stanford, Stephens. THE MATTES OF THE meetings Qf April 22nd and 24th, 1929 were read and approved. THE FOjLLOiYING BILLS against the City,bearing the proper vouchers and the approval of the Auditing Committee were allowed and ordered paid on motion by Alderman Harding, seconded by Alderman Stanford; passed by the unanimous vote of the Coun41l and so decl ared by the Mayor;Mary FrarA cis $3.00; John Zillah $3.75;Dave Condra $36.0; Elmer Weir 1$21.25; Ben Porter $21.25. REQUEST: A regtxest from J.A. Jones for relief from the drainage down East Center Street was presented And on motion was referred to the City Engineer for report. The Clerk reported that the Mayor had signed Ordinance Number 703, grsnting a gas franchise to C.O. Moore,wItevouponi'".1-* also that C.O. Moore had filed his acceptance of the same,whereuponl Alderman Harding moved that said Ordinance and the acceptance 9�1 C.O. Moore be filed and spread) 1 of record. Alderman Stanford seconded the motion which received t},e unanimous vote of the Council and was declared passed by the Mayor. A copy of the Ordinance is as follows; - ORDINANCE NUMBER 703. NN OTeDINANCE TO BE ENTITLED ° AN ORDIN,NCE GwANTING TO C.O.MOORE,HIS SUCCESSORS,LESSES,AND ASSIGNS,THE RIGHT AND PRIVILEGE AND FRANCHISE TO LAY GAS MAINS ALONG THE STREETS,AVENUES, ALL7ZS, ROADS AND HIGHVIAYS,AND OTHER PUBLIC PLACES WITHIN THE CITY OF FAYEEVILLE,ARY.ANSAS, FOR THS' PURPOSE OF DISTRIBUTING AND SELLING NATURAL GAS TO THEiESIDENTS A IPTHABITANTS OF Ti SAID CI Y OF FAYETTEVILLE, ARKANSAS, AND TO OTHERS, AND ALSO TO LAY PIPE LINES IN THE STREETS, AVENUES, ALLEYS, ROADS AND HIGHWAYS AND OTHER PUBLIC PLACES AND GRQUNDS WITHIN SAID CITY OF FAYETTEVILLE, ARKANSAS,FOR THE PURPOSE OF CONVEYING NATURAL GAS THROUGH AND WITHIN SAID CITY i OF FAYETTEVILIE, ARKANSAS, FOR DISTRIBUTION TO THE RESIDENTS OR INHABITANTS OF THE SAID CITY OF FAYF;TTEVIL-LE, ARKANSAS, AND TO OTHERS FOR INDUSTRIAL COMMERCIAL AND DOMESTIC PURPOSES,AND PROVIDING THE REGULATIONS FOR THE CONDUCT OF SAID GAS DISTRIBUTION SYSTF14,AND FOR OTHER PURPOSES." BE IT ORDAINED BY THE CITY COUNCIL OF HE CITY OF FAYETTEVILLE, ARKINSAS SECTION bNE: That subject to the terms,conditions and stipulations mentioned and set forth in this ordinance,consent and permission is hereby given to Grantee herein,and to its successors, i lesses and assigns to lay construcji,equip,operate,repair and maintain a system of gas mains, pipes conduits and feeders for the purpose of supplying and distributing natural Pas for light,` r fuel, power and heat and for any other purpose to the residents or inhabitants of the City of j Fayetteville, Arkansas,and to others, and to lay,construct and maintain a system of mains, pipe lines,pipe conduite and feeders and the necessary attachments, connections,fixtures and appurtenances for the purpose of conveying,conducting,or distributing natural gas from any po r beyond the City Limits of said City of Fayetteville, Arkansas. in order to enable the said 's (.rantee to distribute and sell natural gas to the said City of Fayetteville, Irkansas,and to 3.98 G the residents or inhabitants thereof,and to bothers, provided however,and upon the condition that the said Grantee herein lay, construct, equip, operate,i»aYstta•2nt-=gnd-"repair and mainta is technically known as a low pressure gas system within said City of Fayetteville, sas,and provided further, and upon the condition that said Grantee herein shall deliver or cause to be delivered an adequate supply of natural gas for the needs and requirements of inahbitants for domestic,commercial and industrial purposes and that the same be distributed1to • all willing consumers under the terms and conditions of this ordinance,and lines will he ex- tended 150 feet for each new. consumer. ' / And provided fubther that the Grantee shall submit to th City Council of the City of Fayetteville, Arkansas, a plat showing the proposed to cation ofl �� hQ all gas mains and the regulators for approval, and that n& mains shall be constructFd or no V Lr� regulator station shall be established until such approval is had and the same is made a matter of record in..the Minutes of the meeting of said City Council, It is understood that the City Council will require that dsitributing mains be placed in the public alleys so far as it is practical to do so. SECTION SECTION SECTION The main pipes and service pipes of the Grantee herein shall be laid and maintained in streets,avenues, alleys, roads and highways,and other public places within the said City of tteville, Arkansas, as now laid out, or as the same may hereafter be established,and when so laid in said streets, avenues, alleys,roads and hig r the same shall be laid in accordance with the lines and gra r may hereafter be established by said City of Fayetteville, the Grantee shall epmply eith all ordinances,resolutions,re ys ,and other public palces, as now established,or which as. Provided however that ations or orders which are now Z in effect or which may be passed and become effective hereaf'er,governing the laying of pipes', excavating,refilling of ditches;the cutting,in,juring and repairing of pavements:and safeguard- ing individuals against injury occassioned by reason of actscif the Grantee:or any act of t Granteepermitted under this ordinance. It is understood that a bond will be required which shall guarantee that the streets,pavements and improvements which are ch•anged,affected or injured by reason of the privileges granted under this ordinance will be replaced in as good condition as they were before such changes occurred. Said bond to be made in favor of the Ci of Fayetteville, Arkansas. In addition to the above bond the Grantee shall make a maintain- ance bond in favor of the Grantor,which shall guarantee maintainance of all repqirs for a period of Five Years. All bonds to be approved by the City Cpuncil of the City of Fay ettev arkansas,before any work is done within the public streets or alleys. THREE: Nothing in this franchise shall be construed in such a manner as to in anywise abridge affect the right of said City of Fayetteville, Ark�insas,to pass and enforce the necessary lice regulationsfor the protection of the citizens of said City of Fayetteville, Arkansas, d their property,and the property of the Grantee herein. It is further by and between the rties hereto that this franchise is not exclusive and the City Council of the City of teville, Arkansas,hereby expressly reserves the privilege of granting further gas fran- chiles to any person,firm,partnership or corporation during the term of this franchise. FOUR: The Grantee herein shall supply natural gas under the terms and conditions herein speci fied to all applicants not in arrears for any bills for natural.gas,service pipes and appli- ances owning or occupying premises on or abutting the streets,avenues,alleys,roads highways and other public placeswithin the City of Fayetteville, Arkansas, in which such gas mains or.I service pipes are paid. and the said Grantee shall have the right to make and enforce a writta reement with all applicants for natural gas with reference to making a deposit for service fixing the terms and conditions upon which natural gas is to be served to the individual pplicant. Such contracts however,shall conform to and comply with the laws of the State of s,and of the City of Favetteville, Arkansas,and all regulations governing the same 1 11 1 C ,. 399 and also the riEhts hereinafter fixed and established. SECTION FIVE: The Grantee shall lay pipes from the main pipes to the consumer's property line at the ' expense of the said Grantee. From the consumer's property line to the meter,the Grantee shall' s have the right to lay the service pipe/at the consumer's expenseat a reasonable price to be I fixed by a written contract with the individual consumer,and from the meter on, the consumer c shall have the richt to select his own gas fitter to lay his pipes,and to instal his j fixtures --all of said work however, to be done in strict compliance withthe terms and condi- tions of *aV any and all ordinances of the City of Fayetteville, Arkansas, in force at the time of said work,it being the intent of the said City Council of the said City of Fayette- ville,Arkansas„ in this franchise,to reserve unto itself the right to pass and enforce any and allordinances it may see fit to regulate such work. And the Grantee herein shall ahve the right to make and enforce as a part of bhe condition under which it will supply natural gas for heat,12ght-, poweflight,fuel, or other purposes as.herein provided,all needful rules and pegulations not inconsistent with the laws of the State of Arkansas,and bhe provisions of this i franchise. ShCTION SIX: The Grantee herein shall furnish promptly to the proper authorities,any alld all informa- tionwhich may be asked for,by them, in regard -to the size,location of depth of rany of the Pipes,mains,conduits or service pipesin any form whatsoever,and any and all other information in regard to its accupation of the streets,avenues,alleys, roads, highways or other public pl,xcesof the said City of Fayetteville, Arkansas, which they demand. SECTION ✓;EVEN: 'lhenever the word "Grantee"occurs in this ordinance,it shall mean, and it shall be under- stood to be C.O. Moore,his successors and assigns,and whenever the word "Authorities" or "Proper Authorities"occur in this ordinance,it shall mean,and it shall be understood to be the duly authorized officer or officers,committee or board representing the said City of Fayetteville, Arkansas. SECTION �IGHT: The said Grantee herein,its successors and assigns shall have a period of 30 days from the final passage,a.pproval and publication of this ordinance,a.nd not longer in which to begin i the laying of pipe lines and laterals for the distribution of natural gas in the said City of Fayetteville, Ark•insas,and said Grantee shall, in good faith, continue said work to its com- pletion. A failure upon the part of the said Grantee herein to comply with the foregoing pro- visions of this section as to the time in which to begin work, the manner in which said work :shall be done,and the progress to be made,shall operate to render this franchise null and void,) and of no binding force or effect. i SECTIOII NINE: If the Grantee herein shall within 30 days from the final passage,approval and pnblieation I f this ordinance begin the actual laying of pipe lines and laterals for the distribution of natural gas in the said City of Fayetteville, Arkansas,and shall keep continuously at said work With a forceof workmen as large as is practicable under the circumstances,and lay not less than 3000 feet of main each month,then,in that event the said Grantee herein,shall have E until Jan.20,1930 and not longer,to construct,build and lay gas mainsand laterals into the said City of Fayetteville, Arkansas, and to be ready with an adequate supply of gas in all of said mains and laterals,ard other lines for the distribution of natural gas,and to actually furnish natural gasto all consumers within the corporate limits of the City of Fayetteville, Arkansas, A failure on the part of the said Grantee he�einto comply with the last mentioned prouision as to the time fixedherein,shall render this franchise null and voidand the same shah be of no binding force or ef.fect;it.being agreed by the parties hereto that time is of the essence of th&s franchise. All gas sold under this franchise shall be measured on a four (4) ounce basis and shall have a heat value ,of not less than Nine Hundred and Fifty (950)B,T.U. 400 yoll� A ,.N,Iorl�e � i per cubic foot. A cubic foot shallibe 1728 cubic inches of gas and -r eight ounces of pre Iwhen the temperature is 60.Farenheit. IOPI T id:t' A bond shall be furnished to the City of Fayetteville, Arkansas,to guarantee that the Gra lee herein will act faithfully and will carry out the terms,conditions and:agreements in this ordinance set forth, with respect to the time Wht in which such•work.•herein mentioned and set forth,shall begin,shall progress, and shall be completed. A failure oft the part of the said Grantee to begin work in the time herein mentioned,to progress as herein stated and to complete said work within the time herein mentioned,,shall be considered and treated ^-� as a damage to the. City of Fayetteville, alrkansas,and said Grafttee herein its successors an assignsand its bondsmen shall be and become liable to the said City of Fayetteville, Arkansas, in the said sum of Ten Thousand Dollars (,$„10,000.00) for liquidated damages --'it being specifically understood and agreed that said above mentioned failure on the part of said Grants shall be deemed and treated as liquidated damages to the said City of Fayetteville, .':rkansas,- in said sum of Ten Thousand,I{ro-10YtO © ©0-� Dollars ($10,000.00),and not as -a penalty. ION E' EU 4 The Grantee herein shall do no injury to any street, avenue,alley,road,highway or other public place,or bridge,stream or water course within the corporate limits of the said City , disturbe or of Fayetteville, Arkansas,and shall in no manner/interfere with any public or private -.sewer, water or drainage system,noiv or hereafter laid or constructed by the said City of Fayetteville Arkansas,or by any authorized person,firm or cor•loration,without the consent in writing of the City Council of the said City of Fayetteville, Arkansas, Nor shall any drainage system beI laid or constructed so as to in any manner disturbe or interfere with any gas main or servicle pipes which shall have been laid prior to the time of laying or constructing such drainage system,except in case of a conduit which must operate as a gravity conductor which could no be constructed without the change of gas lines,then, in that event the cost of changing the grade of the gas lineshall be borne by the lerson, persons, firm,corporation or municipali desiring such change,and then only upon the approval of the City Council of the City of Fay ville, Arkansas. DELVE: That if any section or part of a section of this ordinance shall be declared null and void by any competent authority,the remaining portion thereof shall not be affected thereby 1IRT47,EN: This ordinance shall be considered a contract and shall remain in force for a period Twenty-five Years from the date of written acceptance by said Grantee,and such accept ante must be made within one day after date of publication of this ordinance and filed with the City Clerk of the City of Fayetteville, Arkansas,and'in case of the failure of the Grantee to file such acceptance within the time specified herein all rights of the Grantee hereunde shall terminate. SECTION 11OURTUN:. The said Grantee, its successors and assigns,shall hold said City of Fayetteville, A Arkansas,.free.and harmless of,and from any and all liability,damages,actions, and causes of actioncaused by,or through the neglect or mismanagement of the said Grantee,in the erection installation,construction,reconstruction,repair,operation maintainance,manage ment and con- trol of said gas plant and distributing system. SECTION IIFTEEN: " The Grantee,its successors and assigns hereby warrant and guarantee as a part of the consid ration of the passage of this ordinance and franchise,that it will furnish gas to t. City of Fayetteville, Arkansas,and to its inhabitants at the rate of not to exceed the following maximum amount,to-wit; DOMESTIC RATE: 1st l000 cu.ft.@1.85 per m cu.ft. next 9000 cu.ft. 85 " " "" " Next 40,000 CU.FT.60 11 11 it it Less 10p per m CU.FT.discount if paid before lothmonth following date of consumption. 0 1 ,f INDUSTR TION RATE: 1st 50,000 CU.FT. 50¢ per m cu.ft.net next 50;000 " " 45 " It 11 It " next 50;000 " " 40 " It it next 50,000 " " 35 " If It over 200,000 " " 30 Maximum rate 30� per m cu.ft. Minimum r9te 15V " " " It Net- subject to individual contract. 40IL I This ordinance shall take effect and be in force from and after its passage,.approval j nd publication,and the said franchise shall be and remain in full force and effect for the erm of Twenty-f&ve (25) ,years thereafter;provided however,that sathd written acceptance buthei rantee be filed in the office of the City Clerk of the City of Fayetteville,Arkansas.as rovided in Section 13 hereof,and approval of bonds required in Section Two (2) and Tem (10). Passed and approved this 24th day of April, 1929 Approved; T.S. Tribble, Mayor. ttest; J.C. Massie, Clerk. EPTANCE The following is a copy of the acceptance Of the foregoing franchise by C.O. Comoore; las filed with the City Clerk on the 27th day of April, 1929;- 11LCrouch �eport; 1 PLAN FOR COLLECTI STREET DUTY: o the Hon. J.C. Massie, City Clerk, Fayetteville, Ark., Sir; Complying with the provisions of Franchise No. 703;Section 13, passed by the Hon. City Council of the City of Fayetteville, Ark.,on April 24th,A.D. 1929 and approved by the Hon. Mayor T.S.• Tribble on April 27th A.D. 1929. - I, the Grantee of said Franchise hereby accept the said Franchise as passed and approved and agree to comply with all provisions therein contained and this acceptance is filed with you on this 27th day of April,A.D. 1929 in order to fully comply with the acceptance provisions of said franchise, Respectfully submitted, C.O. Moore. pubscribed and sworn to before me this 27th day of April,A.D. 1929, Byron B.Bronson. My commission expires Dec.5th,1929. (SEAL) ;E - The receipt of the foregoing "Acceptance" was acknowledged as follows; - Fayetteville; Arkansas, April 27th, 1929. Received this the 27th day of April,A.D. 1929,from C.O. Moore,grantee in franchise No. 703,passed by the City Council of the City of Fayetteville, Ark.,on April 24th, A.D. 1929,3nd approved April.27th,1929,his acceptance of said Franchise and the provisions therein contained. Said acceptance having been made to me in writing -a -s required by Section 13 of said Franchise. Signed; J.C. Massie, City Clerk of the City of �r fjLk, Fayetteville, Ark. t A report by VI.L. Crouch showing parties warned to work on the streets of the city and specify- ing those who had paid and the amount each had paid, was presented and on motion duly passed was ordered received and filed. On motion by Ald erman Pearsonm seconded by Ald erman Fuller and duly passed, the i Street Committee was directed to submit a plan for securing a correct list of persons liable for street duty,and for more efficiently collecting.the same. On motion by Alderman Harding, seconded by Ald rman Fuller and duly passed, thel City Engineer was directed to prepare a plan and estimate of cost for perfecting the drain- age at the intersection of Dickson Street with Highland Avenue and with St Charlesl IGEST OF The Ordinance committee reported in the matter of having the Ordinances of the RDINANCES: city digested, that while it.is very important that such digesting be done, the condition i of the city finances was such that the committee thought best to postpone said work. HURST: Attorney Geo.A. Hurst was present and asked to be heard in regard to the matter of said digesting. Permisdon being given, Mr Hurst proceeded to explain the great importance of said I work; colled attention to a contract entered into between himself and the City Council in 1921; stated that he had already done at least half the necessary work/and had paid out his I 1 4:®2 RESENT MINUT ORTS: .B.UPTON T'D TO CCEED TON: own money for stenographic work thereon;acknowledged that the Council had a legal right to cancel said contract;announced his readiness to go on with the work and carry it to completion; and said that he felt the council ought to pay him at least one-third of the contract price , on account of the work and expense already incurred by him. Alderman Drake then moved that the council proceed to carry out the contract made with Geo. A. Hurst in April, 1921,and begin payment on the same by paying the sum of $100.00 in May, 1929, and the sum of $$25.00 per moprth thereafter; .full/payyment f the talance due atXvql the time of completion to be Made on said completion provi Pd said1work is completed by Jan- uary, 1st, 1930. Alderman Stanford•seconded the motion which rec&ived the following vote; 1 ayes Aldermen Bynum, Drake, Fuller, Harding, Pearson, Scott, Stanford, Stephens; nays none, arra was declared passed by the Mayor. Alderman Scott moved the Council adjourn. This motion was seconded by Alderman Fuller, and duly passed. ��A roved• Mayor. Attest,�QLYru.�- Citv Clerk. REGULAR MEETING OF THE CITY COU?dCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS, HELD leJAY 6th5 1929 he Mayor, T.S. Tribble; Clerk J.C. Massie, Attormey Trumbo, Engineer 7,.M. Ratliff, Aldermen Bynum, Drake, Harding, Pearson, Scott, Stanford, Stephens; absent Alderman Fuller. S of the meeting of April29th, 1929 were read and approved. ING BILLS against the City, bearing the proper vouchers and the approval of the Auditing Com- mittee, were allowed and ordered paid on motion by Alderman Drake, Seconded by Alderman Harding passed by the unanimous vote of the Members Present and so d^clared by the Mayor;- J.C. Hardind 5$6.85;Fayetteville Printing Co., $3.50 and $0.20;Calvin Lester $1.95;W.L. Crouch $7.50;Ben Porter ¢¢15.00; Elmer Weir, #15.00; Democrat Pub. Co.,$37.66;Southwestern Gas and Electric Co., $512.59; Heerwagen Bros. Co., $24.99 and $4.58; Lewis Bros.Co., $11.15; Magnolia Petroleum Co., 5$i4.73;Fayetteville, Coal, Co. 87.75;Ferguson Lumber Co., $2.29;Fayefi4 etteville Machine shop $1.45;M.I. Pearson, $4.25;1,17ashington Transfer Co. $3.00 and $$56.25;1 American LaFrance RFoamite Corp. 5$30.55;!"lashington Co Hardware Co. $10.85;J.C. Massie $1.25; Dave Condra $36.00;111alter S. Duggans ?$1.68; Goss -Rogers Electric Co.,$2.35. ' The monthly reports of the Purchasing Agent, The Street Commissioner, Collector, Clerk, Police Judge,and Fire Chief and the Annual Report of the City Collector were presented and on motion were ordered received and filed. A.B. Upton presented his resignation as Assessor for !Vater Improvement Dis- trict Number Two which was duly accepted on motion by Ald^rman Pearson seconded by Ald�rq:an Bynum and passed by the enanimous vote of the council. U .4i AAW&IAN Alderman, resented the following resolution and moved its adoption.Alderman Bynum seconded the motion to adopt which received the following vote;ayes Aldermen Bynum, Drake, Harding, Pearson, Scott, Stanford, Stephens; nays none, absent and not voting Alderman Fuller, and was declared adopted by the Mayor. A copy is as follows;4 t•-• RESOLUTION. 17HEREAS, A.B. Upton has resigned as a.member of the Board of Assessors for Water Improvement District Number Two of the City of Fayetteville, Arkansas, ' THEPEFORE,BF IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION ONE: That U.L. Smelser be and he is hereby appointed to he a member of the Board of Assessors for water Improvement District Number Two to fillthe vacancy occasioned by the resignation of A.B. Upton therefrom. SECTION TWO: That this resolution be in force and effect from and after its passage and approval.Passed and approved this -5th day of May, 1929. Clem Pearson, ttest;J.C. Massie, Clerk. Approve ; T.S. Tribble, Mayor.