HomeMy WebLinkAbout1935-05-13 Minutesr
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Light:The Committee reported unfavorably on light at Dickson and West streets. Alderman
ickson & Carter moved that report be accepted. This motion.was seconded by Alderman Gregory
test Strt_: 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
Called The Fayetteville City Council met in called session Wednesday May 8th,1935.
Meeting:
Present: Mayor A D McAllister, City Attorney Rex Perkins, Aldermen:Bvonson, Bynum, Carter,
Gregory, Peal, Sanders, Shook and Ucker. Absent:City Clerk etoe Phillips. Alderman
Bronson acting as Clerk of the meeting.
Highwa,,r62 A motion was made by Alderman Carter that the Mayor, City Clerk, City Sttorney and
Alderman George Sanders get in touch with Mr J H McIlroy in reference to contract
J H Mcll oyand transfer of land in Block fourteen (14) F�rguson'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 Henry Walker and agree on settlement on same percentage basis as proportion of
Walker: I judgment for Right of V}ay as the J H McIlroy settlement, and if can reach ta&bement,
tovdlose.dee.l and r"epbrt''to,Council Monday night,May-113,1935. This motion was
seconded by klderman Shook and was unanimously passed by the Council.
Alderman Sanders-ifntroduced`the following' resolution:
�I Resolution
.ley- Be it resolved by the City Council of the City of Fayetteville that the City Building
ss 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.
nt:
Attest: 47{'hg,
City Clerk
Approved:
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; Aldermeem
Bronson, Bynum, xxxxxxr, Gregory, Peal, Sanders, Shook,Ucker. Acting Chief of Police
Earl Hand. Absent: Alderman Carter.
The minutes of the regulars meeting held May 6th, and of the called meeting held
Wednesday May 8th.1935 were read and approved. ��
Bills: Thefollowing bills were presented after their approval by Aldeaz ari/4airman of the
Auditing Committee: Fayetteville Daily Democrat $8.01; Republic Printing Co.,$15.50;
Harley Gover Sheriff $87.00; Bohe Grocery ,,Jl.35; Washington Transfer Co. $1.18;
Carney's Grocery yr2.00; Cowan Grocer $2.00; Fire Department Fur.d$8.00; Thomas & Son
$2.60;Ben Porter 14fl5.00; A F Shumate$18.00; S B Hanna 75 cents ; Abshier-Bryan Motor
Co. $ 20 cents; Salsbury GeneralShop 50 cents;Norwood~I'illiams ij8.00; Alderman Bynun
made a motion that the bills be allowed as appro:-ed 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 Mayor 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 officer
be given authority to work out a program for this situation. Alderman Peal seconded
the motion which was duly passed by the Council.
H McI1rlyAlderman Bronson introduced a resolution authorizing and directing City Building
ley -Pass Inspector and other officials to authorize J H McIlroy to contruct passage -way aver
plley •t'etrteen•lot,:J;.4 ariet-5-of Block t6; Original Town, Cit- of -FaVrettev.k.1le., Alderman
Sanders, moved:Lthe radgpta'on :of ,this..resplution which was seconded by Alderman Bronson.
This motion vias duly passedlb�.--the gountil and the Mayor declared carried.
176
F4
r•,
R e s 0 1 u t i o n.
Whereas it appears that J H McIlroy is the owner of Lots 4 and 5 in Block 16 of the
Original city of Fayetteville.
WHEREAS,
itjappears the
buildings
are already donstructed
on each
of said lots, and
said lots
are separated
only by an
alley running east and
west in
said Block 16.
WHEREAS, it appears that it is necessary for the owners of said buildings on said
lots 4 and 5 of Block 16 to enjoy the full use and benefits from said ownership that
passage -way be constructed between the said buildings above the alley separating them
and,
WHEREAS, it appears that J H McIlroy has paid to the City of Fayetteville 561.00
and other good valuable considerations,
BE IT THEREFORE RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILE, ARKANSAS:
That in consideration of the $1.00 and other valuable considerations given by hm
the said J H McIlroy is granted an easement across the alley separating lots 4 and 5
Block 16 of said City for the purpose of constructing a passage -way between the, said
buildings. Said passage -way to be above said alley and to conform to the State law
regard to the height above said alley.
BE IT FURTHER RESOLVED, that the City Building Inspector and other agents of this
City are authorized and directed to issue a permit for the building og said'passage-
and the maintaining of the same in pccordare with the City and State Building Code.
_ , sj,Tl
Dont this day of 1935.
0"L
City Clerk N.ayor of City of Fayetteville.
The above resolution was unanimously adopted by the memebers of the City Cogzncil
of Fayetteville, Arkansas, on the day,year,andimonth above written. !/%/J,
IN WITNESS HEREOF, I have hereto set my hand and seal on this day of 1935.
The Street Committee reported they had made no headway in reaching an amicable
settlement With Henry Walker on Right of Way for Highway No.62. Alderman Gregory
moved that the City Attorney be insrructed to appeal from the Circuit`;Court's
decision in this matter of Henry Walker on Highway 62 Right of Way. This motion was
seconded by Alderman Sanders, and received the unanimous vote of the Council.
Alderma1i"ntroduced an ordinance entitled:
AN ORDINANCE DEDICATING A PORTION OF LOTS 3 41 15 and=.16,Block 21 Ferguso
Addition, Lots 9 and 10, Block 23, Ferguson;s Addition, Lots 9 and 10
Block 14, Ferguson's Addition, and certain lands lying in the S 1/2 SW 1/
Section 16. Township 16 North, Range 30 West; to the City of Fayetteville
Arkansas, for Street purposes:
The Ordinance was read in its entirety by the Clerk, whereupon Alderman Alderman Greg
moved that the rules be suspended and the Ordinance be placed on its second reading.
This motion was seconded by Alderman Bronson and received the entire vote of the
Council. The Clerk then read the Ordinance the second time. After discussion,
Alderman Sanders moved that the rules be further suspended and the Ordinance placed
on its third and final reading. Alderman Bynum seconded this motion Which retie ved
the unanimous vote of the Council and the Clerk read the Ordinance the third and
'inal time. The Mayor put the question,- "Shall the Ordinance Pass". On the Clerk's
calling the roll, the following vote resulted: Ayes: Bronson, Bynum, Gregory, Peal,
Sanders, Shook and Ucker. Absent and not voting Alderman Carter. The Mayor
declared the Ordinance passed.
An emergency condition being declared to exist, Alderman Gregory moved that this
Ordinance shalltake effect and be in force from and after its pa'ssdge,oma proval and
publication. This motion was seconded by Alderman Bronson and same received the
unanimous vote of the Council.
.780 1
Ordinance No. 780
A BILL FCR AN ORDINANCE ENTITLED
AIV ORDINANCE DEDICATING A PORTION OF LOTS 3,4,15 and 16 Block. 21,
FERBUSON'S ADDITION, lots 9' and 10, Block 23,FERGUSON'S ADDITGON, Lots
9 and 10, Block 14, Fergusc�i's addition, and certain lands lying in SJ.
SW 1/4 SECTION 16, TOWNSHIP 16 NORTH, Range 30 West; to the City, -6f
FAYEPTEVILLE, ARKANSAS, for SIRE -7T PURPOSES:
5TF
BE _�M ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE
SECTION 1. That the following described route of State Highway Dio.62, Section 1 and
1�T1,fiction 16, heYebefore laid out by the County Court of Washington Couxity, in the
City of Fayetteville, as follows: to wit:
Note: All Subdivisions and Additions in this description are understood
to be of and to the City of Fayetteville, Arkansas.
t.
's
ry
177
A strip of land 20 feet wide off the Southerly side of Lots 4 and 40, County Court
Sub -Division SVI 1/4 SW 1/4 Section 16, Township 16, North, Range 30 West.
A strip of land 20 feet wide off the Northerly side of Lot 3 County Court Sub -Divis-
ion SW 1/4 SW 1/4 Section 16, Township 16 North, flange 30 West, extending ffom the
Westerly corporate limit of Fayetteville, Arkansas, to a point 456.2' Easterly of
said -.limit, said distance being measured along the Southerly property line of
Fall Street; thence a strip of land 10 feet wide and 250 feet long, the length to
be measured along the Southerly property line of Nall street, thence a strip of
land 20 feet wide and 253.8' feet long, said length to be measured along the
Southerly property line of Wall street. All of the above described property is off
the Northerly side of Lot 3 of said Sub -Division to Fayetteville, Arkansas.
The South 10 feet of lot 14-C County Court Sub -Division SE 1/4 SW 1/4 Section 16,
Township 16 North, Range 30 West.
All of lot 10, Block 23, Ferguson's Addition.
All of lots 4 and 15, Block 21, Ferguson's Addition.
All of Lot 10, Block 14 Ferguson's Addition.
The South 50 feet of Lot 22-d, Sub -Division SE 1/4 SW 1/4, Section 16, Township 16,hi
Range 30 '.lest.
The NorthlO feet of Lot 22-e, Sub -Division SE 1/4 SW 1/4, Section 16, Township 16
North, -Range ' 30 West.
The South 10feet of Lot 9 Block 23, Ferguson's Addition.
The South 1.0 feet of lots 3 and 16, Block 21, Ferguson's Addition.
The South 10 feet of Lot 9, Block 14, Ferguson's Addition.
A 60 feet strip through lot 17, Block 14, Ferguson's Additim ,the Northerly line
of said strip is 190 feet South of ( measured at Right Angles to the North line of
Lot 17, Block 14, Ferguson's Addition) the Northerly line said lot 17. The strip
of land 60 feet wide lies South of this line.
All of the above described land is shown shaded red on the attached print, be and
the same is hereby dedicated and declared as a pine thoroughfare.
SECTION 2. That all Ordinances and parts of Ordinances in conflict herewith are
hereby repealed.
SECTION 3.Whereas the convenience, welfare and safety of the• traveling public
e -Ea 3 thTF the route of the State Highway No.62, Section 1 and 71, Section 16,
through the City of Fayetteville, be changed to the route herein set forth and
dedic-ited, an emergency is hereby declared to exist and this Ordinance being
necessary for the preservation of the public peace, health andsafety, an emergency
is declared to exist, and this ordinance shall take effect amd be in full force
from and after its passage and publication.
Passed anO approved by vote of members of the City Council on this the
day of __ / 1935.
Published i the ayetteville Daily Democrat this �� day of 1935.
Attest
City Clerk.vv - Mayor
AN AGRE?MEi4T,BY MUNICIPALITY OR. POLITICAL SUBDIVISION TO MAINTAIN HIGHWAYS IMPROVED
UNDER NATIONAL IIyDUSTRIAL RECEOVERY ACT, was read by the Clerk: as follows:
The City of Fayetteville, State of Arkansas, hereinafter referred to as the City,
.and(the Arkansas State Highway-Commission,'bereinaf ter 'referred to .as the.Highway
Department; hereby°agree as.follows:_ °''' `'
1.That ahe H ghvtay`Depa rtment will submit"a project •for) the improvement
of.55 m-iles-of thb*Municipal highway from Westerly Corporate Limit Fayetteville
to the Easterly line Duncan street over Wall street.
Easte.rline Government Avenue to Vesterly lire School Avenue over Wall
Street.
Rock street to a point 73 feet North centerline Mountain street over
School Avenue.
From East line School Avenue to a point 120 feet �,t over Mountain
Street, and to be designated as Arkansas Project N09334 -AJC 54-D, and will
recommend its approval by the Secretary of Agriculture fO construction with
funds apportioned to the State under Section 204 of the National Industrial
Recovery Act; subject, however, to the condition that the City shall provide for
its proper- maintenance after completion of its improvement.
2. That the said City hereby requests the Highway Department to submit
the aforementioned project with recommendation that itbe approved by the
Secretary of Agriculture, and agrees that if such project is approved and. construe.
ed --by the Highway Department and the Secretary of Agriculture it thereafter, at
its own cost and expense, will maintain the project in a manner satisfactory to
them,or their authorized representatives, and will make ample provision each year
for such maintenance.
IN WITNFRS l'1HEREOF, the parties have hereunto affoxed their signatures,
the City on the day of 19 d- and the Highway Department on the
day of
City of Fayetteville
By Mayor.
Arkansas State Highway Commission
178
lr
[IN
After discussion, Alderman Sanders presented the following resolution:
R E S 0 L U T I 0 N.
BE IT RES'OLVED,BY THE CITY COUNCIL OF FAYETTEII LLE, ARYJiNSAS, that 4�Z4�!///e OUO�
Mayor ofbe and he is hereby authorized and directed, for and in
name and behalf of the City oft -1 �)AtA� to sign the name of said
City to that certain agreement between the City of and the
Arkansas State Highway Commission relative to the construction of Highway No:x
passed and adopted the day of CCtawj 19:a bythe Council
Alderman Sanders moved the adoption of the above resolution. This motion was
seconded by Alderman Gregory and same was unanimously passed by the Council, and
the Mayor declared carried.
Alderman Bronson 031EMa introduced a resolution relative to encroachments on the
Right of Way on Highway No.62 and moved its adoption. Alderman Peal seconded this
motion,whidh was duly passed by the Council.
R E S 0 L U T I 0 N.
WHEREAS,the State Highway Commssion of the State of Arkansas is desirous of
constructing State Highway No.62 and 71 through the City of Fayetteville, and is
desirous of routing the traffic through the City of Fayetteville dyer 'mall street,
New location Job 7209 to School Avenue,then over School A en ,�eollege Avenue, fr
the Westerly to the Northerly and Southerly Corporate limits and across all inter-
secting streets,and
WHEREAS,the State Highway Commission of the State of Arkansas is desirous of
receiving Federal aid for the improvement of said Highway;and
WHEREAS,the Bureau of Public Roads of theDepartment of Agriculture of the United
States of America will not participate in the construction of said highway until an
unless the City of Fayetteville will agree to refrain from permitting encroachments
upon the right of way of said above mentioned route, and until and unless the City
of Fayetteville will agree to refrdin from passing.ordinances or laws fixing
unreasonable speed limits on the said above mentioned route,and until and unless the
City of Fayetteville will agree to refrain from erecting signs,semaphores and signals
thst will give preference to -local routes or that will hinder or delay traffic on
said above route.
"REFORE,BE IT RESOLVED, by the Mayor andCity Council of the City of Fayetteville
that, for and in consideration of the State HAhway Commission of the State of Arkansas
and the Bureau of Public Roads of the Department of Agriculture of the United
States of Armerica, constructing said Highway adjacent to the City of Fayetteville
and routing the traffic through the City of Fayetteville over -
Wall Street New location Job 7209 to School Avenue, then over School
Avenue, Mauntain street, College Avenue, from the Westerly to the Northerly and
Southerly corporate limits and across all intersecting streets,
it hereby agrees with the State Highway Commission of the State of Arkansas and
the Bureau of Public Roads of the Department of Agriculture of_ the United,States
of America that it will not in the future permit encroachments uipon the. right of way
of said above mentioned route, nor will it pass any ordinances or laws fixing
unreasonable speed limits- on the above mentioned route,nor will it allow the
erection of signs, semaphores and signals that will give preference to local
routes which intersect with said above mentioned route,no.r that will slow up,
hinder or delay traffic on said above mentioned route.
Alderman Gregory
introduced
arOrdjnance.idreating
a City Planning Commission,
prescribing the
number and
qualifications of its
members and defining
its duties.
The Clerk read the Ordinance in its entirety. Alderman Gregory moved that the
rules be suspended and the Ordinance placed on its second reading. Alderman Peal
seconded this motion which carried unanimously; and the Clerk read the Ordinance th
second time. Alderman Sanders moved that the Ordinance be left on itssecond reading
Alderman Gregory seconded this motion, and the same received the entire vote of the
Couicil present. The Mayor declared carried.
The report of the Committee appointed to investigate the expediency of allowing
L.'L: Lewis to put steps on City property which :would lead into a basement under
building he ,is planning to erect on thecorner of Gregg and Dixon streets showed
that the Committee tied in its decision as to whether or not this request should
be granted. After considerable discussion, Alderman Sanders :roved that Mr. Lewis'
request be granted, work to be done under supervision of the City Engineer and that
if at any future time the City should ask that this stairway be removed Pd Lewis
would remove the steps leading to basement in question. Alderman econded
this motion, and. upon the uestion being put before the Council, r��e��su��}}ted in the
following vote: Ay ron'son, Sanders, Shook and Ucker. IQayes ��5,ynum, Gregory
and Peal. Absent and not voting: Alderman Carter. The PAayor declared carried as
the vote stood Ayes:four. Nayes: three
sent:
Bills
Marath
Oil Co
179
There being no further business, Alderman Brosnon moved to a djourn. Alderman
Gregory seconded this motion which carried unanimously, and the Mayor declared
the Council ,adjourned.
Attest Arproved:�(
City Clerk
Mayor.
Fayetteville City Council met in regular session Monday May 20th,1935.
Mayor
A D McAllister, City Clerk
Otoe
Phillips,
City Engineer E
P.. Ratliff,
Aldermen:
Bynum,
Bronson, Carter, Gregory,
Peal,
Shook and
Ucker. Absent:
Alderman
Sanders.
Minutes of the regular meeting held May 13th,1935 were read and approved.
The following bills were presented after their approval by Alderman Peal, Chairman
of the Auditing Committee: Faus Gary .$16.65;Campbell Grocer Co. #1 $6.00; A F Shumate
?18.00; Sure Stop Traffic Sign Co. $68.60; Ben Porter 015.00; Reed's Grocery $4.00;
Farmer's Market $$11.50; Fayetteville Lumber & Cement Co. 573.58;Winkeleman's Print
Shop ?6.50; Shipley Baking Co. 85 cents;R & R Paint & Adv Co $1.75; Clyde Hight $,20.
Alderman Bynum moved that the bills be allowed as approved and the Clerk be instructe
to draw warrants for the same upon the proper funds. The motion was seconded by
Alderman Carter and received the unanimous vote of the Council.
The Clerk read a letter from the Marathon Oil Co., asking for refund of $20.00 each
for the two annual payments on Curb Pumps, 312 west Dixon st., years ending November
lst,1934 and November 1st, 1935, stating that these payments were -issued in error
as Curb Pumps were removed to Company property on or before November 5th,1933,
Alderman Bronson moved that the City ask for a sworn statement in proof of this
removal. This motion was seconded by alderman Peal and carried unanimously.
A bill was presented by S P Rogers for $1.00, for work . the last general election
in malting booths: -which was not included in the bill from the General Election Commit
Alderman Ucker moved that this bill be allowed. The Motion was seconded by Alderman
Carter and was duly passed by the Council, and this bill was ordered paid,
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Garbage:
The matter of Garbage disposal was brought up for discussion. Alderman Bynum moved
that a Committee be appointed to investigate the situation and make report. Alderma:
Bronson seconded this motion which carried unanimously. The Mayor appointed on this
commission: Aldermen: Bronson, Gregory and Bynum, and requested this Committee to
consider also a Per Capita Street Tax.
City
The matter of an -Ordinance Creating a City Planning Commission was brougwi up, and
Plarnin9
Alderman Bronson moved that the Ordinance be placed on its Third and final reading,
Commis'n
which motion was seconded by Alderman Ucker and carried unanimously. The Ordinance
was then read the third time. After some discussion, the Mayor put the question:
"Shall the Ordinance Pass " On the Clerk calling the roll, the following vote
resulted: Ayes: Alderman Bronson, Bynum, Carter, Gregory, Peal, Shodk•amd Ucker.
Nayes: None. Absent and not voting: Alderman Sanders. The Mayor then declared the
Ordinance passed as seven Aldermen were present and voted in favor of same.
Alderman Gregory moved that the Emergency Clause be adopted. Alderman Peal seconded
this motion which was duly passed by the Council and the Mayor declared carried.
0 R D I N A N C E. # 781
AN ORDINANCE CREATING A CITY PLANNING COMMISSION,PRESCRIBING THE NUMBER AND QUALIFI-
CATIONS OF ITS MEMBERS AND DErINING ITS DUTIES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYET TEVILLE, ARKANSAS, as follows:
SECTION 1: PURPOSE: In order to direct the future development of the City and
encourage its social and economic improvement in accordance with modern City planning
principles and to insure the orderly, efficient and economic arrangement and develop-
ment of future public works projects, there is hereby created a Commission to be
known as the City Planning Commission.
SECTION 2: MEMBERS:The City Plarn ingCcgmmission shall consist of nine (9) members,
including the Mayor ( or City Manager), City Engineer, and a member of the City
Council, the latter to be selected by the City Council from among its memebrs. The
other six (6) members shall be citizens qualified by knowledge :or' experience to
act upon matters pertaining to the physical, social, and economic development of the
City. The Citizen members shall be appointed by the Mayor and in the first instance
three (3) members shallbe appointed for a period of two•years (2),three (3)for four
(4) years, and thereafter all appointments shall be made for terms of four (4) years.
Appointments to fill vacancies shall be for unexpired terms only. Any ipember of the
Commission, except the member of the City Council, may be removed by the Mayor at any
time for due cause shown. All members shall serve without compensation.
SECTION 3:PROCEDURE:The Commission shall elect from among its citizen members its
own Chairman, Vice -Chairman, Secretary,.and Treasurer and may,from time to time, adop
such rules and regulations, not inconsistent with existing laws of the State,for its
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