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HomeMy WebLinkAbout1935-05-05 Minutes172 Fayetteville ��C,,ii�ty Council met in regular session Monday, May 6th,1935. Present: Mayor/il:j;"�ity Clerk Otoe Phillips,City Engineer E M Ratliff, Acting Chief of Police rl Hand; Aldermen: Bronson, Bynum, Carter, Gregory, Peal, Sanders, Shook and Ucker. The minutes of the regular meeting held April 29th, 1935 were read and approved. Bills: The following bills were presented after their approval by Alderman Peal,Chairman of the Auditing Committee:Arkansas Western GasCo. $3.26; Southwestern Gas &El<ectric Company $1.70 and 5?314.10; D T Duncan $75.00;Price Dickson Atty., $100.; Fayettevill Printing Co. $28.50; Southwest Bell Telephone qo. $36.80; Bohe Grocery $4.00 Sure Stop Traffic Sign Co. $45.82; Sure Stop Traffic Sign Co. 4'69.60; H. J. Powell $1.50; Eastepp Grocery 42.95; Ben sorter $15.00; A F Shumate $;18.00; LirAhvay Store $3.88;. Lewis Bros. Hardware Co.75 cents; Lewis Bros. Hardware $3.55; Noel Caudle Grocery $2.00; Campbell Grocery $3.75; Magnolia Petrolium Co $40.96; Abshier-Bryan Motor Co. $33.93; Montgomery Ward Co. $36.90; Standard Oil Company of Louisana $2.05. Alderman`Shool; moved that the bills be allolafed as approved and the Clerk be instruct to draw warrants in payment of same upon the properr funds. The motion was seconded by Alderman Bronson and carried unanimously. Cut Curb A request from til S Duggans Plumber, asking permission to cut curb on North Olive st, Olive Ste for the purpose of inst•tl ling sewer for W E Graham and Hight Estate. Alderman Ucker moved that permission be granted, work to be done under supervision of City Engineer. Alderman Gregory seconded this motion and same was unanimously passed by the Council. Superintendant Sam Yancy of the Western Methodist Assembly appeared before the Council, with further reference to the Mount Sequbyah Road, stating that the cost of straightening up Maple st to Mt Sequoyah,c,the'City's part would be $150. Alderman Sanders moved that the Street Committee and City Engineer confer further with Supt. Yancy. Mr Jones talked on a Standard Piiilk Ordinance, explaining grading of milk, require- ments etc. No action taken. Service Commission of the City of Fayetteville, Attorney Price Dickson asked the City to file a SupersedeasBond relative to the judgment rendered by Circuit Judgdombs in the Case of Civil Service Commission vs Neal Cruse. A resolution with reference to tnis was introduced by Alderman Witt Carter, as follows: Resolution Civil- the Civil Service Commission of Whereas,the Circuit.,Court of Washington County, Arkansas, has reversed a decision Service I of the Civil Service Commission of the City of Fayetteville, Arkansas, and has rendered a judgment against the Cit1T of Fay etteville,and has reinstated Neal Cruse Supersedeas as Chief of Police of the City of Fayetteville, in which said judgment the said Boris— Neal Cruse was awarded the sum of $113.32, being salary from March 30th,1935 to May 4th,1935, and South -'Ne Bell Tel phone Co M 06 WHEREAS, it is the desire of the Civil Service Commission to appeal from the action of the Circuit Court and to prosecute their appeal in the Supreme Court of Arkansas, and WHEREAS, it is the desire of the Civil Service Commission of the City of Fayettevil to supersede the order and judgment of the Circuit Court aforesaid, pending the outcome of the appeal to the Supreme Court aforesaid, and WHEREAS, the Civil Service Commission of the City of Fayetteville has requested tha the City of Fayettdikille by its duly authorized officers execute a supersedeas bond to stay proceedings on the judgment of the Circuit Court aforesaid; NOW,THEREFORE, BE IT RESOLVED, by the City Council of the City of Fayetteville, �Arl�ansas, that the City of Fayetteville, by its duly authorized officers, viz:., the Mayor and City Clerk, execute said supersedeas bond, to the end that the judgment of the Circuit Court may be superseded until such time as the Supreme Court of Arkansas shall pass on said appeal. A motion was made by Alderman Carter and seconded by Alderman Shook that this Resolution be adopted. On the question being put before the Council, the following vote resulted: Ayes:Aldermen Bronson, Carter, Gregory, Peal, Sanders, Shook and Ucker. Nayes: Alderman Bynum, The Mayor declared carried. Report on Linn Lewis building was deferred. Mr. G. A. M Johnson appeared before the Council, and stated that the Telephone Com- pany could not meet the requirements in the proposed contract asked by the Council. After discussion, Alderman Sanders moved that the resolution as originally presented be adopted, taking effect, July lst,1935. The motion was seconded by Alderman Bronson and carried unanimously. The resolution follows: R E S 0 L U T I 0 N. A RESOLUTION WHEREBY THE CITYOF FAYETTEVILLE OF THE STATE OF ARKANSAS AND THE SOUTHWESTERN BELL TELEPHONE COMPANY,A MISSOURI CORPORATION,AGREE THAT THE TELEPHONE COMPANY Si ALL"CONTINUE TO ERECT AND MAINTAIN ITS POLES,W IRES,ANCHORS,CABLES,MANHO'Lf;S CONDUITS, AND OTHER PLANT CONSTRUCTION AND APPURTENANCES ALONG,ACROSS, ON,OVER, THROUGH,ABOVE,AND UNDER ALL PUBLIC STREETS,AVENUES,ALLEYS, PUBLIC GROUNDS AND PLACES IN SAID CTTY,UNDER CONDITIONS ,REGULATIONS AND RESTRICTIONS,AND THAT THE CITY SHALL RECEIVE AN ANNUAL PAYMENT AND THE RIGHT TO USE CERTAIN FACILITIES OF THE TELEPHONE COMPANY,ALL AS HEREIN PROVIDED: WHEREAS,the Southwestern Bell Telephone Company,hereinafter referred to as the "Telephone Company", under charter and license of the State of Arkansas, is now and has been engaged in the telephone business in said state, and in furtherance thereof, has erected and maintained certain items of its plant construction in the I 73 City of Fayetteville, State of Arkansas, hereinafter referred to.as the "City" for many years pursuant to such rights as have been granted it by and under the laws of the State of Arkansas, and subject to the exercise of such reasonable rights of taxation and regulation under the police power as have been also lawfully granted by and under said laws to the said City; and 101HEREAS, it is to the mutual advantage of both said City and said Telephone Compan that a contract agreement should be submitted to the•Telephone Company by said City establishing the conditions under which said Telephone Company shall operate in said City: NOVI THEREFORE,be it resolved by the City Council of the City of Fayetteville of the State of Arkansas; that: SECTION I CONSTRUCTION AND MAINTENANCE OF TELEPHONE PLANT AND SERVICE. The poles, wires, anchors, cables,mahholes, conduits. and other plant construc- tion and appurtenances, used in or incident to the giving of telephone service and to the maintenance of a telephone business and system by the Telephone Company in said City, shall,remain as no:Pj constructed, subject to such changes as under the limitations and conditions herein prescribed may be considered necessary by the City in the exercise of its inherent powers and by the Telephone Company in the exercise of its business of furnishing telephone service,and said Telephone Company shall continue to exercise its right to place, remove,construct and reconstruct, extend aiad maintain its said plant and appurtenances as the business and purpose for which it is or may be incorporated may from time to time require,along, across, on, over,through, above and under all the public streets, avenues, alleys, and public grounds and places within the present limits of said City and within said limits as the same from time to time may be extended,subject to the regulations, limitations and conditions as herein prescribed. SECTION 2 SUPERVISION BY CITY OF LOCATION OF POLES AIM CONDUIT All poles to be placed shall be ofnsound material and reasonably straight,and shall be so set that they will not interfere with the flow of water in any gutter, or drain,and so that the same will interfere as little as practicable with the ordinary travel on the street or sidewalk. The location and route of all poles, stubs,guys,anchors,conduits, and cables to be placed and constructed by the said Telephone Company in the construction and maintenance of its telephone system in the said City, and the location of all conduits to be laid by the Telephone Company,within the limits of the said City under this resolution, shallsbe'sub- ject to the reasonable and proper regulation, control and direction of the Council or the Board of said City,or of any City official to whom such duties have been or may be delegated. SECTION 3 STREETS TO BE RESTORED TO GOOD CONDITION. The surface of any street, alley, highway, or public place disturbed by the Telephone Cpmpany in building,constructing, renewing or maintaining its telephone plant and system shall berestored within a reasonable time after the completion of the work to as good a condition as before the commencement of the work and maintained to the satisfaction of the Council or the Board of said City or of any City official to whom such duties have been or may be delegated for one ,year from the date the surface of said street,alley,highway, or public place is broken for such construction or maintenance work, after which time responsibility for the maintenance shall become the duty of the City. No Street, alley,highway, or public place shall be encumbered for a longer period than shall be necessary to execute the work, SECTION 4 OPERATION AND MAINTENANCE OF TELEPHONE PD NT. The Telephone Company shall maintain its system in reasonable operating condition at all normal times duringthe continuance of this resolution. An exception to this condition is automatically in effect when service furnished by the Telephone Company is interrupted, impaired, or prevented byfires, strikes, riots or other occurrencies beyond the control of the Telephone dompany, or by storms,floods, or other casualties, in any of which events the Telephone Company shall dok all things, resonably within its power to do, to restore normal service. SECTION 5 TEMPORARY REMOVAL:;OF"W3RES. The Telephone Company on the request of any person shall remove or raise or lower its wires temporarily to permit the moving of houses or other bulky structures. The expense of such temporary removal,raising or lowering of wires shall be paid i by the benefited party or parties, and the Telephone Company may require such payment in advance. The Telephone Company will be given not less than fortyeight hours advance notice•to arrange for such temporary wire changes. SECTION 6 TREE TRIMMING The right license, privilege and permission is hereby granted to the Telephone Company, its successors and assigns, to trim trees upon and overhanging the streets, alleys, sidewalks and public places of the said City, so as to prevent the branches of such trees from coming in contact with the wires and/or cables of the Telephone Company, all of said trimming to be done under the supervision and direction of the Council or the Board of said City or of any City official to whom said duties have been or may be delegated. SECTION 7 ANNUAL CASH CONSIDERATION TO BE PAID BY THE TELEPHONE COMPANY In consideration of the execution of this contract agreement, said Telephone Company shall pay to said City Annually, in advance, on the first day of July of every ,year during the continuance of this contract -agreement, the sum of $1,200.00,said sum to bepaid and received in lieu of any further license, charge, 174 fee, or imposition other than the usual general or special advalorem taxes now or hereAfter-levied. It is further agreed and understood that the Telephone Company shall have the privilege to have credited as a payment upon the consideration above set out any un -paid balance due said company for telephone service rendered or facilities furnished to said City. SECTION 8 In addition to the consideration set forth in Section 7,the.Telephone Company shall reserve for and hold, subject to the use of the said City,such wire space as may be required from time to time by said City upon the poles now owned or hereafter erected by the Telephone Company in the City for the use of the City Police and Fire Alarm system; provided that the required wire space shall not exceed the wire capacity of one cress arm on any one pole. The location on the poles of this fire and police wire space shall he determined on specific applications for space, at the time the applications are received from the City, and, will be allotted in accordance with the considerations for electrical construction of the United States Department of Commerce. Bureau of Standards. In its wire construction on the Telephone Company poles, the City will follow the suggestions and require- ments laid down for wire construction in the Rules and Regulations of the Bureau of Standards of the United States Department of Commerce, and such wires Ehall further be constructed, maintained and operated in such manner as not to interfere with nor create undue hazard in the operation of the telephone system of the Telephone Company, SECTION 9 ATTACHMENTS NOT HERE AFFECTED. Nothing in this Resolution contained shall be construed to require or permit any electric light or power wire attachments by the City or for the City, If light and c power attachments are desired by the City or for the City, then e. further separate, non -contingent agreement shall be a prerequisite to such attachments. Nothing herein contained shallobligate or restrict the Telephone Company in exercising its right to voluntarily enter into pole attachment, pole usage, joint ownership, and other wire space and facilities agreements with light and power.companies and with other wire using companies which may be privileged to operate within the City SECTION 10 PERIOD OF TIME OF THIS RESOLUTION -',-TERMINATION. The right, licenses, privileges and permissions granted to and contracted for by the Telephone Company herein, its successors and assigns, shall be for a full term and period of five years from and after the time this agreement goes into effect, provid that at the expiration of the initial and each. successive period, such term shall be ended and automatically renewed forthwith:: for a successive period of like duration and shall continue thereafter until terminated by either party, but conditioned, however, that if during the initial or of any successive period, not less than sixty (60) days prior writtennotice shall be given either to the Telephone Company by the City or to the City by the Telephone Gompany,setting forth the desire of the giver of said notice to terminate this agreement, then in such case all rights, licenses, privileges, and permissions here given and contracted for shall terminate at the expiration of the then current period. SECTION 11 -NO EXCLUSIVE PRIVILEGES CONFERRED BY THIS RESOLUTION. Nothing herein contained shall be construed as giving to the.Telephone Company any exclusive privileges. SECTION 12 SUCCESSORS AND ASSIGNS. The rights, powers-; limitations, duties, and restrictions herein provided for shall insure to and be hinding upon the parties hereto and upon their respective successors and assigns. SECTION 13 PARTIAL INVALIDITY AND REPEAL PROVISIONS. If any section, sentence, clause or phrase of this Resolution is for any reason held to be illegal, ultra vires or unconstitutional, such invalidity shall not affect the the validity of the remaining portions of this Resolution. All ordinances and agreements and parts of ordinances and agreements in conflict herewith are hereby repealed. SECTION 14 ACCEPTANCE OF CONTRACT- -AGREEMENT, The said Telephone Clmpany shall have sixty (60) days from and after its passage and approval to file its written acceptance of this Resolution with the City Clerk, and, such acceptance being filed, this Resolution shall be, considered as..taking effect and being in force from and after the date of its passage and approval by the Mayor. Approved this _day of May A. D., 1935, Attest: VA4 City Clerk. Mayor on i Light: ickson & est Strt Called Meeting: Present Highwa JH Me Henry Walker: 4l1e; Pass sent: Bills: H McIlr lley-Pas 17a The Committee reported unfavorably on light at Dickson and West streets. Alderman Carter moved that report be accepted. This motion.was seconded by Alderman Gregory and carried unanimously. There being no further business, Alderman Gregory moved to adjourn. Alderman Ucker seconded this motion and same was duly passed by the Council and the Mayor declared the Council adjourned. Attest:Approved City Clerk. Mayor The Fayetteville City Council met in called session Wednesday May 8th,1935. Mayor A D McAllister, City Attorney Rex Perkins, Aldermen:Bnonson, Bynum, Carter, Gregory, Peal, Sanders, Shook and Ucker. Absent:City Clerk 6toe Phillips. Alderman Bronson acting as Clerk of the meeting. 2 A motion was made by Alderman Carter that the Mayor, City Clerk, City Sttorney and Alderman George Sanders get in touch with Pdr J H McIlroy in reference to contract end transfer of land in Block fourteen (14) Fcrguson's Addition to the City of Fayetteville for Right of Way for Highway #62,said Committee to have full authority to act in said matter. The motion was seconded by Alderman Bynum and received the unanimous vote of the Council. A motion was made by Alderman Sanders that the Street Committee get in touch with Henry Walker and agree on settlement on same percentage basis as proportion of judgment for Right of Way as the J H McIlroy settlement, and if can reach agreemen t, to^dlose.`dbal and repbrt'to,Council Monday night, May:113,1935. This motion was seconded by Alderman Shook and was unanimously passed by the Council. Alderman Sanders -introduced the ifollowing'resolution: Resolution Be it resolved by the City Council of the City of Fayetteville that the City Building Inspector be given power to direct and pass upon building an extension across alley in rear of Block 16, Original Town, City of Fayetteville, as per request of J H McIlr said building to conform with Statutes of the State of Arkansas and Building Code of the City of Fayetteville,Arkansas. Alderman Gregory moved the adoption of this Resolution which was seconded by Alderman Bynum and same carried unanimously. There being no further business, Alderman Peal moved to adjourn which was seconded by Alderman Bynum, and was duly passed by the Council and the Mayor declared the Council adjourned. Attest: G� Approved: a h:o f City Clerk Mayor. The Fayetteville City Council met in regular session Monday May 13th,1935, Mayor A D McAllister, City Clerk Otoe Phillips, City Engineer E M Ratliff; Aldermeen Bronson, Bynum, xxxxxxf GVegory, Peal, Sanders, Shook,Ucker. Acting Chief of Police Earl Hand. Absent: Alderman Carter. The minutes of the regular;: meeting held May 6th, and of the called meeting held Wednesday May 8th,1935 were read and approved. Thefollowing bills were presented after their approval by Aldemz airman of the Auditing Committee: Fayetteville Daily Democrat $}8.01; Republic Printing Co•,$15.50; Harley Gover Sheriff $87.00; Bohe Grocery {'1.35; Washington Transfer Co. $1.18; Carney's Grocery y�2.00; Cowan Grocer $2.00; Fire Department Fur.d$8.00; Thomas & Son $2.60;Ben Porter k15.00; A F Shumate$18.00; S B Hanna 75 cents Abshier-Bryan Motor Co. $y 20 cents; Salsbury GeneralShop 50 cents; Norwood -Will isms $58.00; Alderman Byr_un made a motion that the bills be allowed as appro-Ted and the Clerk be instructed to draw warrants in payment of same upon the proper>funds. This motion was seconded by Alderman Ucker and received the unanimous vote of the Council and the Mayyor declared carried. Dr A S Gregg, Health Officer, appeared before the Council stating that the presence of mosquitoes demanded immediate attention, and suggested putting oil drips over pool that form breeding places. Alderman Gregory moved that the Mayor and Health efficer be given authority to work out a program for this situation. Alderman Peal seconded the motion which was duly passed by the Council. Alderman Bronson introduced a resolution authorizing and directing City Building Inspector and other off iciels to authorize J H T�cIlroy to contruct passage -way aver, -alley betaftiren-lot-d;.4 arld-5-of 8lockrl6; Oxig nal ToWn, City o%-Fayettevi�lle., Aldei7man Sanders; mcved;L_the.radgpta o±i :of .this-:resplution which was seconded by Alderman Bronson. This motion was duly-passed1h�71-the gountil and the Mayor declared carried.