HomeMy WebLinkAbout1930-01-14 Minutes470
ADJOURNED MEETING OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS,
HELD JANUARY 149 1930.
PRESENT The Mayor T.S.Tribble, Clerk J.C.Massie; Attorney Don Trumbo; Aldermen John Bynum, N.F.Drake,
Don Fuller, C.T.Harding. C1em.Pearson, Roy Scott, J.F.Stanford, S.S.Stephens.
THE READING OF THE MINUTES of the preceeding meeting was deferred to the next regular meeting,
THE PURPOSE of the meeting was stated by the Mayor to be the hearing and consideration of a proposition
from the officials of the Southern Union Gas Company.The Mayor then requested Mr C.W.MurchiIon
rresident of said Company to .state his proposition to the Council. (The other officials pPesent
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Mr !.'afford Cain,V.P, and M. Ulmer Supt.of Construction.)
Mr Murchison called attention to the delays caused by adverse weather con-
itions,which had rendered it.impossible.for the company to complete the work required in
e franchise under which the company was operating by the 20th of January,1930,and reques
passage of an ordinance granting an extension of time. After discussion of the matter
members of the Council and the officials representing the Company, Alderman Bynum intro-
duced an ordinance providing for such extension of time,which was read the first time.
Alderman Harding moved that the Rules be suspended and the ordinance placed on its second
I This motion was seconded by Alderman Scott and received the following vote; ayes
Aldermen Bynum, Drake, Fuller, Harding, Pearson, Scott, Stanford, Stephens; nays none; ab
and not voting none. The Mayor declared -the motion passed. The Ordinance was read the second
time.
Alderman Scott then moved that the ordinance be amended by the addition of a Section
to be numbered Section 8,as follows; -
"Section B. It is hereby further ordained that C.O.Moor
Grantee, his successors,lesses and assigns shall execute and deliver to the City Clerk of th
City of Fayetteville,Arkansas,on or before the 20th day of January,1930,a bond acceptable to
the City Council of said City,conditioned on compliance with the terms set forth in Section
Nine (9),as the same is herein amended,in the.sum of $10,000.00,as liquidated damages."
Ilderman Fuller seconded the motion which received the unanimous vote of the Council,and was
declared passed by the Mayor.
Alderman Harding then moved that the Rules be further suspended
And the ordinance,as amended,placed on its third reading and final passage. This motion was
(seconded by Alderman Bynum and received the following vote; ayes,Aldprmen Bynum, Drake,
Fuller, Harding , Pearson , Scott, Stanford, Stephens; nays none; absent and not voting None;
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and was declared passed by the Mayor. 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, Drake, Fuller, Harding, Pearson,
Scott, Stanford, Stephens; nays none; absent nd not voting none. The Mayor declared the
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passed. A copy is as follows; -
ORDINANCE N0. 716.
AN ORDINANCE TO BE ENTITLED,
"AN OR -I NANCE OB THE CITY COUNCIL
OF FAYETTEVILLE,ARKANSAS,GRANTING TO C.O.MOORE,HIS SUCCESSORS,LESSES AND ASIGNS ADDITIONAL
TIME IN WHICH TO COMPLY WITH SECTION 9 OF THE ORDINANCE PASSED THE 24TH DAY OF APRIL,192911
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYFTTEVILLE,ARKANSAS:
SECTION(.
11hereas,on the 24th day of Apri1,1929,the City Counil of the City of Fayetteville,
rkansas,passed an ordinance granting to C.O.Moore,and to his Successors,Leeses and Asigns
F
a gas franchise,to which ordinance reference is hereby made for all purposes,
aECTION2.And whereas,by Section 9 of said Ordinance it was provided that the said C.O.Moore,
Grantee, his Successors,Lesses and Asigns should have until January 20th,1930 from the final
passage and approval of said Ordinance,and not longer,to construct,build and lay gas mains
and laterals into the City of Fayetteville,Arkansas,and be ready with an adequate supply of
gas in mains and all other lines for the distribution of gas to consumers,
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SECTION*. 3.
And whereas,said section 9 provides that the failure on the part of the said C.O.Moore,
(Grantee, his Successors,Lesses and Assigns,to comply with the above mentioned provision of
this section as to the time fixed,shall render null and void this ordinance,
SECTION 014,
And whereas the construction,building and laying of said gas mains and laterals into the
'City of Fayetteville,Arkansas,has been.delayed by unusually severe weather during the past
ten days,in which time it was physically impossible to continue with the construction,build-
ing and laying of said gas mains and laterals,
SECTION 5.
'And whereas,said C.O,Moore,Grantee, his Suscessors,Lesses and Assigns have been diligent in
complying with the terms of said franchise,and have spent a great deal of money in construct--
,ing the main line, and are continuing with the construction of said main line,and will soon
(complete said main line and laterals into the city of Fayetteville,Arkansas, and will soon be
the
ready to adequately supply gas to the consumers in sff'&d city of Fayetteville,Arkansas,
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SECTION 6.
And whereas,said C.O.Moore, Grantee, his Successors,Lesses and Assigns.desire that the time
be extended for a period of 39 days from the 20th of January,1930 in which to complete said
main lines and laterals,and be ready.to adequately supply gas to the City of Fayetteville,
Arkansas,
NOW,THEREFORE,BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYRTTFVILLF,
ARKANSAS,
That the provisions of Section 9 of the ordinance passed on the 24th day of April,
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1929, granting to C.O.Moore,grantee, his Successors, Lesses and Assigns the gas franchise in
(the City of Fayetteville,Arkansasbe, and they are hereby waived,and said Section 9 is hereby
amended so as to hereafter read as follows; -
"SECTION 9.
If the grantee herein,shall within
30 days from the final passage,approval and publication of this ordinance begin the actual
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laying of pipe lines and laterals for the distribution of natural gas in the said City of
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Fayetteville,Arkarisas,and shall keep continuously at said work with a force of workmen as
large as is practicable under the circumstances,and lay not less than 3000 feet pons:Month*
of main each month,then.in that event,the said grantee herein shall have until March 1st,1930
and not longer,to construct,build and lay gas mains and laterals into the said City of Fayette
ville,Arkansas,and be ready with an adequate supply of gas in all of said mains and laterals
furnish
and other. lines for the distribution of natural gas,and to actually Cupp" natural gas to all
consumerswithin the corporate limits of the City of Fayetteville,Arkansas. A failure on the @
part of the said grantee herein to comply with the last mentioned provision as to the time
fixed herein shall render this franchise null and void,and the same shall be of no binding
force or effect; it being agreed by the parties hereto that time is the essence of this
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 Fifty (950) B.T.U. per cubic foot.
cubic foot shall be 1728 cubic inches of gas under eight ounces of pressure when the
temperature is 60 Pabrenheit.
SECTION 7
It is hereby further ordained that said ordinance passed on the 24th day of April,1929,granti,
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to C.O.Moore,grantee; his Successors,Lesses and Assigns a gas franchise in the City of Fayette
ville,Arkansas,be,and is hereby in all other rgspects,and in all other particulars,ratified,
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confirmed and approved and continued in full force and effect as originally written and passed,
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the only change in said ordinance being the.change ade in the wording of Paragraph 9,as abov
set forth in full.
ON 8. -
It is hereby further ordained that C.O.Moore,Grantee, his Successors,Lesses and Assigns sha
execute and deliver to the City Clerk of the City of Fayetteville,Arkansas,on or before the
20th day of January,1930,a bond acceptable to the City Council of said City,conditioned on
complia nee with the terms set forth in Section Nine (9),as the same -is herein amended,in --
sum of $10,000.00,as liquidated damages..
(seal) Passed and approved this 14th day of January,1930.
Approved; T.S.Tribble, Mayor.
Attest; J.C.Massie, City Clerk.
(Published in the Fayetteville Leader, January 15th,1930.)
PPOINTMENT At this time the Mayor,acting under the authority of Ordinance Number 715,
AS, DINtiIDDIF
AS PLUMBING appointed Jas. Dinwiddie to be Gas Plumbing Inspector for. the City of Fayetteville,
NSPECTOR•
Arkansas,for a period of six months,which appointment was duly confirmed by the unan
imous vote of the Council. -7 S�
The Mayor then,by the authority of -kjke==3=a ordinance,appointed as
he Board of Plumbing Examiners, VI.S.Duggans, Harry E. Hamilton and Roy Broyles. These
ppointments were duly confirmed by the unanimous vote of the Council..
There being nofurther business,the Council ad,journed,on motion dult pass
Approved;
Mayor,
ttest• %44, City Clerk.
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OFFAYETTEVILLE,
ARKANSAS,HELD JANUARY 20th, 1930s
ENT: The Mayor,T.S.Tribble, Clerk J.C.Massie, Attorney Don Trumbo, Engineer; E.M.Ratliff;
Alderman John Bynum, N.F.Drake, Don Fuller, C.T.Harding, Clem Pearson, Roy Scott, Dr,J.F,
Stanford, S.S.Stephens.
MINUTES of the meetings of January 13th and 14th, 1930 were raed and approved.
FOLLOV�ING BILLS against the City properly approved were allowed and ordered paid and the Clerk was
directed to issue warrants for the same on motion by Alderman Harding seconded by Alderman
Fuller,passed by the unanimous vote of the Council and so declared by the Mayor;
Democrat Publishing Co,, $3,63J."I.Shelly $42.50;Ben Porter $18.75.
BONO OF The bond for $10,000.00,liquidated damages filed with the City Clerk on the
GAS 6
APPROVED: 18th ray of January,1930 by the gas company was submitted to the Council for consideration,
whereupon Alderman Harding moved that the bond be declared acceptable.This motion was secon
bv Alderman Pearson,and received the unanimous vote of the Council,and was declared passed
by the Mayor.
FIRE TRUCK Alderman Pearson moved that the ordinance p**V*d**g authorizing the Board of
ORD,:
Public Affairs to purchase an automobile chassis for the use of the Fire Department,now on
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its second reading,be placed on its third reading and final passage. This motion was seconde
Alderman Stanford and received the following vote; ayes Aldermen Bynum, Drake, Fuller, Hardi
Pearson, Scott., Stanford, Stephens; nays none, absent and not voting none, and was declared
the Mayor. The ordinance was read the third time. The Mayor then announced the gMestion
fore the Council is shall the ordinance pass,and called for the vote of its pas-.say
e which
sulted as follows; Ayes Aldermen Bynum, Drake, Fuller, Harding, Pearson, Scott, Stanford,
nays none; absent and not voting none. The Mayor declared the Ordinance passed.
A copy of the ordinance is as followso-
by
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