HomeMy WebLinkAbout1929-11-25 MinutesPRESENT:
' THE MINU'.
,THE FOLLI
i
HEARING
#44
457
REGULAR MEETING OF THE CITY COUNCIL OF THE.CITY'OF FAYETTEVILLE,
ARKANSAS, HELD NOVEMBER 25th, 1929.
The Mayor T.S.Tribble; Clerk-J:C.Massie,_Attor.ney 'Don Trumbo., R
Aldermen John Bynum, Don Fuller,.C.T.Harding, C.A.Pearson, R.A.Scott, Dr J.F. Stanford,
S.S.Stephens; absent Engineer E.M. Ratliff and Alderman N.F. Drake,
of the meeting of November.18.th,.1929 were read and approved.
BILLS against the City,bearing.the proper vouchers and the approval of the Auditing
Committee were allowed and ordered paid on motion by Alderman Fuller, seonded by Alderman R
Pearson,passed by the unanimous.vote of the Council and so declared.by the Council;
J.W. Shelly $42.50; John Griggs $8.00;Ben '-oeter $18.75; Wages Brbthers Co., $30.25;Pat
Johnson $1.75.
The time for the continuation of the hearing of the petition for the formation
an improvement District for the purpose of pvvg grading,rolling and paving of Government
nue from the North line of Prairie Street to the South line of Wall Street having arrived;
all persons who so desired had been heard in regard to said petition,the Clerk laid be-
afore the Council said petitmon together with the certificates of the Circuit Clerk and the i
'County Clerk with reference thereto as required by law.After careful investigation,the Council
ascertained that the total assessed valuation of the real property within the limits of the
proposed improvement District was the sum of 05,850.00 and that the real property owned by
those persons within said district.who had signed said petition was assessed in the sum of
$3,300.00.Whereupon Alderman Harding introduced an ordinance.providing for the formation of
the improvement District as prayed in said petition which was read the first time.
Alderman Pearson moved that the Rules be suspended and the ordinance placed on its second
reading. This motion was seconded by.Ald,•rman Scott and received the following vote, ayes
Aldermen Bynum, Fuller, Harding, 6earson, Scott, Stanford, Stephens; nays none; absent and not
I
voting Alderman Drake. The Mayor declared the motion passed. The. Ordinance was read the
second time. Aldertpan Harding then moved that the Rules be further suspended and the ordinance
placed on its third reading and final passage. This morion was seconded by Alderman Bynum and
received the following vote; aj;es Aldermen.Bynum, Fuller., Harding, Pearson, Scott, Stanford,
Stephens; nays none; absent and not voting Alderman Drake, The Mayor declared the motion passe
The ordinance was read the third time. The Mayor then announced that the question before thel
,Council is shall the ordinance pass, and called for the vote on its passage,which resulted as
follows; Ayes Aldermen Bynum, Fuller, Harding, Pearson, Scott, Stanford, Stephens; nays none;
absent and not voting Alderman Drake. The Mayor declared the ordinance passed. A copy is as
follows; -
ORDINANCE NUMBER 714.
I
AN ORDINANCE TO BE ENTITLED " AN ORDINANCE TO ESTABLISH IMPROVEMENT DISTRICT NUMBER FORTY-
FOUR(44) OF THE CITY OF FAYETTEVILLE,ARKANSAS".
WHEREAS,
parties claiming to be a majority in assessed value of the owners of real property
located in the territory hereinafter described,have filed a petition praying that an improve-
ment district be established for the purpose hereinafter set forth, and
WHEREAS,
after due notice,as required by law, the City Council of Fayetteville,Arkansas has hea
i
all parties desiring to be heard,and has ascertained that said petition was signed by a
,majority of more than fifty (50%) per cent,in assessed value,of the owners of real property
within said territory.
-TNOW,THEREFORE,BE IT'ORDAINFD BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS:�
ECTION ONE:
That there is hereby established an Improvement Distriet,embracing the followings
erritory,to-wit;-
Beginning at the Noatheast corner of Lot Eight A (8a),County Court Subdivil
ion of the Southeast Quarter of the Southwest Quarter of Section Sixteen (16), Township Six-
een (16) North, Range Thirty (30) West,and running thence West to the intersection of the Nor
i
orth line of said Lot Eight A (8a) with the East line of the Right-of-way of the St Louis
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& San Fransisco Railway Company's Main Line; thence in a Southwesterly direction along the
line of the Right-of-way of the St..Louis & San Fransisco Railway.Company to the intersectio
the East line of Railway Right-of-way with'the North.line of..Lot Twelve (12),County Court
Subdivision of the Southeast Quarter of .the Southwest Quarter of Section Sixteen (16), Town
ship Sixteen (16)Yorth, Range Thirty (30) West; thence East to the Northeast corner of Lot
Ten (10), County Court Subdivision of the Southeast Quarter of the Southwest Quarter of Sec
Sixteen, Township Sixteen (16) North, Range Thirty (30) West; thenceSouth to the Southwest
corner of said Lot Ten (10}; thence East to the Northwest.corner.of..Lot.Eleven (11),County C
Subdivision of the Southeast Quarter of the Southwest Quarter of Section Sixteen (16), Town
Sixteen (16) North, Range Thirty (30) West ; thence South to the South line of Wall Street;
thence East
to the
West line of Government.Avenue;
of Section Sixteen (16), Township Sixteen
thence
in
a
Southeasterly
direction acr
Government
Avenue
to the Southwest corner.
of Lot
Twenty-two
D
(22d), County
Court. Subdivi
s
of
of the
Southeast Quarter of the Southwest
Quarter
of Section Sixteen (16), Township Sixteen
I(16)
North,
Range Thirty )30) West; thence East
the the
Southeast corner of said Lot Twenty-two D,
($
(22);
thence North to the Southwest corner
of Lot
Ten (10) Block Twenty-three (23), Ferguson'
Addition, City of Fayetteville, Arkansas; thence East to the Southeast corner of Lot Ten (10).
Block Twenty-three (23), Ferguson's Addition, City of Fayetteville,Arkansas; thence North to
the North line of Prairie Street; thence West to the West line of Govermment Avenue; 1tE*#Oe
thence North to the place of beginning; the above property is further described by Lots an
Blocks as follows; -
COUNTY COURT SUBDIVISION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION SIXTEEN (16)2 TOWNSHIP SIXTEEN (16) NORTH RANGE THIRTY (30) WEST:
Lots Eight (8)2 Eight A. (8a), Nine, -(9), Ten (10), -Eleven (11), Twenty-two (22), Twenty -
A (22a),_Twenty-two B (22b), Twenty-two C(22c), Twenty-two D (22d);
FERGUSON'S ADDITION,CITY OF FAYETTEVILLE,ARKANSAS:
Blbek Twenty-three (23), Lots One (1), Two -(2.), -Three. -(3), Four .(4), Five (5), Six (6),
Seven (7),.Eight (8), Nine.(.9) and Ten (10);
For the purpose of
grading,rolling and paving a portion'of Government Avenue from the North line of Prairie
Street to the South line of Wall Street, said district to be known as Paving Improvement
District Number Forty -Four (44) of the City of Fayetteville,.Arkansas; and .................I.
and ..... three -owners of rebl property within said
district are hereby named Commissioners.who shall constitute_ the Board of Improvement of
said Improvement District Number Forty -Four (44),of the City of Fayetteville,Arkansas.
SECTION TWO:
This ordinance shall bake effect and be in force from and after its passage,
approvel and publication.
Passed and approved this 25th day of November, 1929.
Approved; T.S.Tribble, Mayor,
Attest; J.C.Massie, City Clerk.
SHF.LLY13 report of street cleaning 3how4dg 147 blocks.cleaned during the week was ordered filed.
ANNEX TOI The Board of Improvement for Annex Number One.to South'.College Avenue Improve-
S.COL.AVE. -
iREPORT OFment District filed a report bearing date.of November 18th,1929,wbich was read to the
COMMR'S.&
Council. Whereupon Alderman Harding moved said report be received,approved and spread of
record.Alderman Scott seconded the motion which received the following vote; ayes Aldermen
Bynum, Fuller, Harding,Pearson,Scott, Stanford,Stephens; nays none; absent and not voting
Alderman Drake,and was declared passed by the Mayor. A copy is as follows;-
Fayetteville,Ark.
Nov. 18,1929.
To the Honorable Mayor and City Council
of the City of Fayetteville,Ark.
On November 15,1929,the Hon.J.Lona Slaughter,County Judge of
Washington County,Arkansas,sitting as the Washington County Court, issued an order with refer-
ence to re -funding the bonded indebtedness of Annex Number. One to South College Avenue Im-
provement District Number One of'the City of-Fayetteville,Arkansas,a certified copy of which) -
order is attached hereto and made a part hereof.
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And in said order,among other things the.Court-ordered and directed that the entire
indebtedness of said Improvement District be reOfuiided, and that a new bind issue be made to
cover a period of twenty years instead of.ten.years as originally made.
And this Board of-Commissioners,in-their respective capacities as COmmissioners,COncur
with the County Court in its findings, and believe that relief should be granted to the tax-
payers in said District by changing the.bond issue from ten years,as originally issued „ to
twenty years. It is therefore.resolved by the Board of Commissioners of Annex Number One
to South College Avenue' Improvement' District -Number One of the City of Fayetteville, Arkansas
that said bonded indebtedness -be refunded and a new issue of bonds covering a period of twen
,years instead of ten years -as -originally issued,be made At'the earliest possible time; and a
taxes heretofore paid to be credited.on the.new bond issue.
And this Board of Commissioners;under the orders of the Washington County Court,and as a
Board of Commissioners acting independently.of the.orders•of said Aa►upt* County Court,
respectfully prays that your Honorable Body -order the Board of Assessment of said Improvement
District to re -assess the benefits 'Within' said Improvement District, to the end that the Bond
issue may cover a period of 20 years instead of 10 years as originally provided.
-Respectfully submitted,
Members; Board of Improvement of Annex Number One to
Ivan M. Mayes, South College Avenue Improvement District Number
M.W.Moore. One of the -City of Fayetteville,Arkamsas,
By I.W,Guisinger, Chairman.
IN THE COUNTY COURT OF WASHINGTON COUNTY,
ARKANSAS, NOVEMBER 15th,1929.
In the matter of refunding bonds
in Annex Number One to South Col-
lege Avenue Improvement District- 0
Number One of the City of Fayette -I
ville,Arkansas. j
ORDER.
)Now on this day -this pause--csaie-ori to-be'heard-and the petitioners appeared by their
attorney, And there being no -exceptions or objections to said petition herein filed in this
Court,the cause was subgdtted to the.Court*upon'the petition of the petitioners,the findings)
of the County Clerk and the proof of publication.
And the Court finds that in accordance with
the provisions of Act number 126 of the Acts of Arkansas fir the year 1927,certain propertyl
owners caused to b $blished in all the newspapers published and circulated 4st within the
City of Fayetteville,Washington County,Arkansas;in which -.said Improvement District is located,
a notice of their intention to file said petition for -more than thirty days before this
cause was submitted to this Court; arid.that said notice contained the statements required by
(law, and that proof of publication has been.made and filed herein.
The Court further finds that the petitioners'
fare the owners of Fifty-one (51%) per cent or--more-of the assessed .value of the real estate
within said Improvement District, and that the prayer of said petitioners shpuld be granted.
It is therefore-conssidered, ordered,adjudged and decreed by the Court that the Board of
Improvement of Annex Number One.to'South College Avenue.Improvement District Number One of
the City of Fayetteville, Arkansas.be ordered and directed -to refund the entire indebtedness;
of said Improvement District and to -issue new bonds for -the original amount of said bonded
indebtedness;said bonds to cover -a period -of -twenty years instead of ten years as originally
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issued, and that said bonds be. -made -dice: wind- payable in twenty annual installments instead of
ten annual installments;and that said -refunding bonds be issued as of the same date as the
original issue, and that the Commissioners of said District make provisions for the annual
assessment and levy in the manner required by law.
i
J.Lona Slaughter, County Judge.
(STATE OF ARKANSAS p
[ SS
WASHINGTON COUNTY Y
I.H.E.Jackson,Clerk of the County and probate Court of Washington,
County,Arkansas,hereby certify that the attached and foregoing is a true and j
correct copy of the order of -the County Judge in the matter of refunding bonds
in Annex No.l to South College -Avenue -Improvement District No. One of the City
of Fayetteville,Arkansas,as the same appears of record in County Court Record
"W" at page 25 thereof.
Witness my hand and seal of office this 15th day of November 1929.
H.E.Jackson,
Clerk of the County and Propate Court
of Washington County Arkansas.
IRE -ASSESS- Alderman Scott introduced the following resolution and moved its adoption.
MF.NT,ANNEX Alderman Harding seconded the motion to-adopt,which received the following vote*
TO S. COL.:Aldrmen Bynum, Fuller, Harding, Pearson, Scott, Stanford, Stephens; nays none; absent and no
voting Alderman Drake. The Mayor declared the motion passed and the resolution adopted.
A copy is as follows; -
RESOLUTION.
WHEREAS.* �
The Board of Improvement of Annex Number One to South College Avenue Improvement
District Number One of the City of Fayetteville, Arkansas has this day presented.to the City
Council a petition setting forth the fact that on November 15th,1929 the Honorable J.Lona
Slaughter County Judge of Washington County,Arkansas,sitting as the Washington County Court,) I
issued an order with reference to refunding the bonded indebtedness of Annex Number One to
South College Avenue Improvement District Nmmber One of the City of Bayetteville,Arkansas;and
(WHEREAS,
said petition contains with it a certified copy of said order of said Court; and
46.®
ING'
AS,
said order of said Court,among other.things, ordered and directed the entire indebte
f said Improvement District to be refunded.and ordered said Commissioners to issue a ne
s of bonds for the original amount of said indebtedness;said.bonds.to cover a period of
y years instead of ten years as originally iasued,and that said bonds be made due and p
ble in twenty annual installmentsinstaedof ten annual installments;and
EAS,
said Board of Commissioners,acting.under the orders of the Washington County Court,
also acting independently of said.County Court Order,have petitioned the City Council,
esaid, to order the Board of Assessment -of. said -Improvement District, to re -assess the
fits within said Improvement District, to the end that. said bond issue may cover a per
20 years instaed of 10 years as originally provided;
,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS:
That the Board of Assessment of said above mentioned Improvement District be,and it is
ordered to re-assessthe benefits of said Improvement District in order that the said
ssessed benefits shall provide for,and.meet the.expenses.and payments.of a bond issue of
,years instaed of ten years as originally provided and issued,
. ._ - .-_ - - - . - _. _ Roy A. Scott.
Passed and approved.this 24th day of Noiz6mber,'1929;
Approved; T.S.Tribble, Mayor
ttes t; J.C.Massie, City Clerk,
Alderman Harding made a brief report as to improving Dickson street both in the
CKSON STR.:matter of drainage and traffic.,and stated that he found among the property owners a
who
strong sentiment for widening the street from Block Street to Willow,"fE96were willing to
PRESENT:
THE •M:t
THE
F.B.LEIIIIE
COMR
W.M'£ .STY
RV `fir- i
dertake said improvement provided a reasonable amount of assistance is given by the City.
Mr Harding moved that the City Engineer be directed to prepare an estimate of the probable
ost of such work. This mobion was seconded by Alderman -Bynum, and received the-uanaimous vote
the Countil.
No further business appearing the Council adjourned on motion by Alderman
duly seconded and passed,
Approved;
ttest; City Clerk.
REGULAR M = NG OF THE CITY COUNCIL OF THE CITY
OF FARETTEVILLE,ARKANSAS, HELD
BBUEMBER 2nd,1929.
Y
The Mayor,T.S.Tribbie, Clerk J;C.Massie, Attorney Don Trumbo, Engineer E.M Ratliff;
Aldermen John Bynum, N.F.Drake, Don.Fuller., C.T.Harding...Clem Pearson, Roy Scott, Dr. J.F.
Stanford, S.S.Stephems.
S of the merting of November 25th 1929, were read and approved.
SWING BILLS against the City,bearing the proper vouchers and the approval of the Aiditing
Committee,were allowed and ordered paid on motion by.Alderman Harding, seconded by Alderman
Fuller, passed by the unanimous.vote.of.the Council and so declared by the Mayor; -
American
LaFrance & FoamiteIndustries Inc. .$2.94 (2.94); Haryy E. Hamilton $0.75;Southwestern Gas &
Electric Co., $4.20; Abner Pyle $1.75•Sn6wbird-Caal Co., $16.25;"Fayetteville,Machine Co.,
12.85;Ben Porter $18.75; J.W; Shelly J42.50;Washington County Hdwre Co., $25.65; E.W.Shuford
6.00;Heerwagem Brothers Co., $8.46;.W.L.Crouch $2.90;Greer Abstract Co., $10.00; J.C.Massie
1,00,*Dave Lewis $1.50; Blair's
Alderman Scott introduced a resolution appointing Frank B. Lewis to be a member
Meadow
.of the Board of Improvement of West Street Improvement District Nymber One of the
City of Fayetteville,Arkansas,in place of A.H.Bridenthal.removed from the District, and
moved its adoption. This motion was seconded by Alderman Harding -and received the following
vote; ayes Aldermen Bynum, Drake, Fuller, Harding, Pearson, Scott, Stanford, Stephens, nays
none and was declared passed by the Mayor and the resolution adopted. A copy is as follows;
RESOLUTION.
l'IHEREAS,THere is a vacancy in the membership of the Board of Improvement of West meadow Stre
.
n