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Home My WebLink About1935-10-14 Minutes204 Marble Machines Present: Bills :I Report Imp Dis #42 - School ewer Imp 1 -Oath f W N ladson ater Pla d Mgrs - N Glad - on: ineer- n unanimously. The subject of marble machines as a gambling device came up.for discussion. Alderman Sanders moved that instructions given by City Council to Chief of Police on September 30th, relative to arresting operators of vr:•marble",{machines used as i. gambling devices be withdrawn, and that the City Attorney and Chief of Police be instructed to enforce Ordinance Number 776, passed and approved 28th, day of May 1934. relating to Marble and Slot Machines in the City of Fayetteville, Arkansas -Alderman Ucker second this mot{ n and o thg agtiqn bei pgt res lted i he fol11oriin vot A eg Al1aa Bronson, Byhum, HroRer,PeE as ers, a( Uc�ter. #ayes: ldermen Gregogy ana� Sh$ok: Th a redeclared e a her• abuthe there six .eve and tw aye being , ffderman Ucker move o aegjburn. This motion was seconded by Alderman Gregory which was duly passed and the Mayor declared the Council adjourned. Attest• 04 —f - City Clerk. Approved , e62� Mayor. Fayetteville City Council met in regular session October 14th,1935. Mayor: -.A D McAllister, Acting City Engineer C E Pierce, Aldermen: Bronson, Bynum, Carter, Gregory, Peal, Sanders, Shook and Ucker, and Acting Chief of Police Earl Hand, Absent: City Attorney Rex Perkins and City Clerk, Otoe Phillips. Alderman Bronson acting"as Clerk of the Session. Minutes of the regular mdeting Monday October 7th,1935 were read and approved. The following bills were presented after their approval by Alderman Peal, Chairman of the Audting Committee: Southwestern Bell Telephone Co. $63 95; Melton Electric Shop $$5 15; Guy Roberts $10.00 ; Elmer Weir $$8.75 ; A. F. Shumate $18.00; Ben Porter $$15. Barnsdall Refining Co. $42 03; `eabbard Bros. $$2.11; The Automotive $$13.98; Arkansas Municipal League $25,00 (Membership fee to March 1,1936). Alderman Bynum moved that these bills be allowed as approved and the Clerk instructed to draw warrants in payment of same upon the proper funds. This motion was seconded by Alderman Shook and received the unanimous vote of the Council. Report of Improvement District-No.42 was�'read, same being submitted by J W Skelton, Secretary. As all coupons covering interest paid were riot attached, Alderman Gregory moved that this statement be returned for coupons to be attached. This motion was ;) seconded by Alderman Peal, and carried unanimously. A request was read from Burl Dodd. to cut curb corner of Hill and Wall( which is ldt 17c, SE SW 16,16,30) Alderman Bynum moved that this permit be granted to be done under supervision of City Engineer. Alderman Shook seconded this motion which was duly passed by the Council The Oaths of office of W N Gladson as Commissioner of Sewer Improvement District No.l, and Board of Managers City ?dater Plant were read. Alderman Gregory moved that the same be received and filed. This motion was seconded by Alderman Bronson and upon the question being put, resulted inthe following vote: Ayes:Alderman Bronson, Bynum, Carter, Gregory, Peal, Sanders, Shook and Ucker. Nayes: None. The Mayor declared W N Gladson a Commissioner 6R SewerrImprovement'.Distr•ict No.l and of Board of Managers City Water Plant, to fill the un -expired term of E. M.Ratliff, resigned,as the vote showed eight Ayes and no Nayes. A letter from Alexander Allaire, Acting State Director, Federal Emergency Administra- tion of Public Works in Arkansas,asking for copy of resolution or order of the City Council authorizing the engagement of the engineer or architect to have charge .of the proposed Secondary Sewage Disposal Plant, in design and construction. Tlie- follo�ririg;_f?esolftYbh'-=was�`iritod'u'aed by'eFflclerman Gregory: Iant: R E S 0, L U T It 0_N. '_ l • r7� ,_WHEHEAS,!THE City' of 'Fayetteville, `Arkansas`, has ,secured a .loan from `'.tkie PWA to' mploying .construct; a`proposed- Secondary'-Sewage"Disp'o'sal Plant, and,' M Ratliff• ngineer-I WHEREAS, it is necessary to employ an engineer to take charge of the said Disposal ewage Dis-Plant, the Mayor should be and is empowered to enter into a contract with E M Ratliff, osal I who is a registered Engineer in the State of Arkansas. lant: NOW,THEREFORE, BE IT RESOLVED BY THE CITY OF FAYETTEVILLE, ARKANSAS, that the Mayor and City Q erk are hereby authorized to sign said contract for the employment of Mr. E. M. Ratliff, as Engineer in charge of the design and construction of the proposed Secondary Disposal Plant of the City of Fayetteville,•Arkansas UA Attest: City Clerk, Mayor, Alderman Carter moved t e adoption of this resolution and upon the question being put before -the Council, the following vote resulted: Ayes: Aldermen Bronson, Bynum, Carter, Gregory, Peal, Sanders, Shook and Ucker. Nayes: None. The Mayor declared the solution adopted as there were eight Ayes 8nd no Nayes. (Contract and Agreement next page) N ri i 1 4 205 CONTRACT AND AGREEMENT WHEREAS, the City Council of the City of Fayetteville, Arkansas, did on the ngineer day of October 1935 , at a meeting of the City Council, employ E. M. Ratlifi`,'as ewage a consulting Engineer and supervising Engineer, to have engineering charge of the proposed Secondary Sewage Disposal Plant, design and construction, and Treatment lent WHEREAS, it is deemed advisable for all parties to have a written contract with reference to said employment. Now, therefore, this Contract and Agreement made and entered into by and between E. M. Ratliff, a registered Engineer in the State of Arkansas, residing in the City of Fayetteville, Arkansas, party of the First Part and the City of Fayetteville, Arkansas, through its municipal Council, and hereinafter known as the Council, parties of the second part. WITNESSETH: that for and in consideration of the compensation to be hereinafter paid by the partyof the second part to the party of the first part, the party of the first part agrees to act as consulting, designing aid supervising Engineer and to perform such Engineering services as are hereinafter mentioned'and as are necessary for the planning and the supervilsing of the -construction -of the Secondary Sewage Dosposal Plant Improvement. Said party of the first part, under :c such employment, agrees and binds himself to the following conditions: SECTION 1. To furnish all of the help, instruments and materials, to make the necessary surveys of and for the proposed Secondary Sewage Disposal Plant Improvement. To draw plans, prepare specifications, make detailed estimates of cost and to furnish to the said City three copies for their use and files and such other copies as are necessary for the application for a loan from the Federal Emergency Administration of Public Works. To prepare said application with the aid of the City Officials and City Attorney. a It is further understood and agreed that if the contractor shall be delinquent as to the time of completion as specified in the contract for constructi then the party of -the first part shall be paid the actual cost of his servicea,plus ten (10%) percent, which are required beyond the date of completion as specified in the contract between the City of Fayetteville, Arkansas, and the contractor. The additional amount of Engineering pay shall be retained from the contractor as liquidated damages. WITNESS OUR HANDS AND SEAL this Lday of October, 1935. E. M. fratliff, Reg s ere Engineer Party of the First Part. The City of Fayetteville, Arkansas. Mayor, City Clerk, By Attorney in fact, Party of the Second Part, (See next page for continuation of minutes) Also, the party of the first part will stake out all work and make all Joe„ necessary inspections of all materials and superintend the woek of construction from start to finish. The undersigned further agrees that he will supervise the necessary surveys and complete plans to the satisfaction of the State Board of Health, the City Council, and the Sewer Committee, and will make such inspection trips as are necessary for the final completion and acceptance of the plans and specifications, and will be present at the awarding of the contract for construction to advise with the City Council as to the most advantageous bid to accept. It is further agreed by the parties hereto that the party of the first part shall be present at .the starting of the work and will have a competent Engineer in charge, who will be satisfactory to the Council and Sewer Committee, and that he will visit the work]at intervals not to exceed one weeks time:during the time the constrcution work is actually in progress. SECTION Il. The compensation to be received by :the party of the first part shall be Five (5%) of the cost of actual construction as shown by the Engineer's estimate and final report after acceptgnce of the work by the Council. The payment of the above sum shall be as follows: Two and One-half (2A2%) percent of the contract price when the contract for construction has been awarded and Two and One-half (212L%) percent of each monthly estimate on or before the tenth (10th) of the month following the date of the estimate. If for any reason there are any adjustments to he made to make the total engineering fee equal Five (5 percent of the total construction cost such adjustments shall be made on the last payment. Engineer It is further understood and agreed that if the application for a loan Sewage from the Federal Emergency Administration of Public Works should not be approved no fees hereunder shall become due and payable. And if the application is approvsd Treatment and f or'any reason the Council should fail to or refuse to go forward with the work, the party of the first part shall received a reasonable compensat'ion for his Plant: services. In case this amount cannot be agreed upon -by the parties, the matter shall be referred to a board of arbitrators of three members. One member of which shall be selected by the party of the First Part and one by the party of the Second Part, and the two thus selected shall select a Third party. The cost of arbitratio shall be borne equally by the parties to this contract. a It is further understood and agreed that if the contractor shall be delinquent as to the time of completion as specified in the contract for constructi then the party of -the first part shall be paid the actual cost of his servicea,plus ten (10%) percent, which are required beyond the date of completion as specified in the contract between the City of Fayetteville, Arkansas, and the contractor. The additional amount of Engineering pay shall be retained from the contractor as liquidated damages. WITNESS OUR HANDS AND SEAL this Lday of October, 1935. E. M. fratliff, Reg s ere Engineer Party of the First Part. The City of Fayetteville, Arkansas. Mayor, City Clerk, By Attorney in fact, Party of the Second Part, (See next page for continuation of minutes) 20.6 (Continuation of minutes Meeting, Monday October 24th,1935) Spring The subject of condition of street at Corner of Spring and School streets came up for discussion. Alderman Bronson move�eft � ttee be authorized to make.".the needed repairs at this point, er mn anders sF*ded this motion which School st carried unanimously. Repa it City Water- ing Place - Un -paid Millage Tax Frisco Levy 1935 ent: S J Grab work on Street - sin A E roperty- ashingto. ve.- Menace- Dept urance t: Mr Ben Thomas requested that he be allowed -.to place the City Water Trough at his place of business on Locust street. Alderman Ucker made a motion which was seconded by Alderman Sanders that the Gity :,loan Ben Thomas the Water Trough, ownership of the trough to remain City of Fayetteville,Mr Thomas•to pay for the water bill as rendered. This motionlreceived the unanimous vote of,the Gouncil. Mayor•jdcAlllster presented the matter of un -paid millage tax by Frisco Railway Co., on Fire and Hospital Fund's. Alderman Sanders made a motion which was seconded by Alderman Peal that the Mayor appoint a Committee to take up this matter with Frisco officials. The Mayor then appointed Aldermen: Sanders, Bynum, and Gregory to act as this Committee. The matter of the 1935 Levy was brought to the attention of;the Council. After some discussion, Alderman Carter made a motion which was seconded by Alderman Ucker that this be turned to the Finance Committee to work out a program to suggest on the 1935 Levy. The monthly reports of City Clerk, Otoe Phillips, and Police Judge J.0 Massie for the month of September were read. Alderman Gregory moved that these reports be rece: and filed. This motion was seconded by Alderman Bynum and carried unanimously. There being no further business, Alderman Bynum moved that the Council adjourn, which motion was seconded by Alderman Ucker and -the Mayor declared the Council adjourned. Attest #erj %il Approved /x(,16 •.M 1VJeA.,4 City Clerk. Mayor. Fayetteville City Councilmet in regular session Monday October 21§t, 1935. Mayor McAllister,City Attorney Rex Perkins,Acting City Engineer C E Pierce. Aldermen: Bronson, Bynum, Carer, Gregory, Peal, Sanders, Shook and Ucker. Acting Chief of Police M E Hand. Absent: City Clerk Otoe Phillips: City Attorney Rex Perkins acting as clerk of the Session. Minutes of the regular meeting Monday October 14th, were read and approved. The following bills were pi•esentdd after their approval by Alderman Peal, Chairman of the Auditing Committee:. E A Martin Machinery Co. $5. 45; The Automotive $1.39 Harper Brush Works $6.00; R & R Paint Shop $10.41; Elmer Qeir $11.25,o i Guy Roberts 7, Lee Lacy $4.00, A F Shumate8.00; Ben Porter $15.00* Salsbury General Shop $3.00; Fayetteville Daily Democrat 14.72 Rogers Electric Supply Cc .50 cents; J 0 Mayes Groc $ 1.04; O,W Stapleton $10.00; 8x xa�xxxx�cx Rxx�Rx Raxxkitkyxxxxxkx3cxxxx c:s) . Alderman Bronson moved that these bills be allov4ed as approved and the Clerk instructed to issue warrants upon the proper fund's. This motion was seconded by Alderman Gregory and received the unanimous vote of the Council. Alva A Tucker made application to cut curb on West Center st, Block 26 Original Town lots 14 and 15n. Alderman Carter moved that this permit be granted to be done under supervision of City Engineer. Alderman Ucker seconded this motion which was duly passed by the Council. A bill was preented from S.J.Graham for work done in March of "1935 OM -Meadow street, extending West from North :'Jest street to Frisco track. Alderman Gregory moved that a City Warrant be issued to S J Graham in payment of this bill, a to be endorsed by him in payment of City Truck License. This motion was seconded by Alderman Carter and received the unanimous vote of the -Council, A petition was presented, signed by thirty six residents and citVizens of the City of Fayetteville, declaring property at lot 12 Davidson's Addition a menace to the welfare, health and safety of the residents of Fayetteville and asking the City Council to take necess--iry steps to condemn the house and that said premises be made safe and free from all danger to the children of said neighborhood. After a round- table discussion, this matter was referred to the Board of Health and City Attorney to communicate with Mrs A E Main,610 North 6th.street, Longview, Texas, owner of the property mentioned. Requests from Cravens & Company and Eason & Company, for -privilege of placing Group,, Accident Policy on Fire Department were presented. Alderman Peal moved that a secret ballot be cast in this matter. Alderman Carter seconded the motion and the vote resulted in a majority favoring Placing renewal of this policy with Eason & Company. Mayor McAllister presented the matter of overdraft at First National Bank on:Funding Bond account created by maturing interest coupons. Alderman Gregory made a motion which was seconded by Alderman Shook that the Mayor have warrant drawn to take care of this overdraft $89 30, same being drawn on Funding Bond account. This motion received the unanimous vote of the Council. There being no further bsuiness, Alderman Bronson moved to adjourn, which motion was seconded by Alderman Carter and received the unanimous vote of the Council. The 1,1ayor d.ecla, t the eel adjourned. /% Attest: t Approved /ifA phi City U J. er ^ Mayor. .ved 0; g7