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HomeMy WebLinkAbout1936-02-10 Minutes230 The matter of allowing physicians special parking privileges was brought up. No acti taken. -• A bill was presented by Fayetteville Lumber and Cement Company for materials purchased by R E wages for the City of Fayettevilleduring the month of April 1931.' It developed that this b:illwas charged to R E Wages personally. After some discussion, Alderman Gregory moved that the bill be paid,seconded by Alderman Bynum,'ard duly passed by the Council. The Mayor presented the matter of Sam Morrow, Supt., Public Plorks, 4, asking for an allowance toward heating women's sewing room until requisition covering same was honored. Alderman Sanders moved that an Allowance nW to`exceed $2.00 per day for a period of ten days be allowed to'raard this project, seconded by Alderman Bynum, and carried by a unanimous vote. Alderman Gregory moved thatthe Council go into Executive Session, seconded by Alder- man Bronson, aind carried unanimously, and the Mayor declared the Council in Executive Session. T& matter of Fire Fund overdraft came up for discussion. Alderman Gregory moved thatthe Council go out of Executive Session, seconded by Alderman Shook, and carried unanimously; and the Mayor declared the council out of Executive Session. There being no further business, Alderman Sanders moved to adjourn, seconded by Alderman Bynum, and duly passed by the Council. The Iti4ayor declared the Council adjourned. Attest: _ Approved: e0XX Clerk. Mayor, Fayetteville City Council met in regularsession Monday February 10,1936, 7:30 P M. resent: (Mayor A D McAllister,i City Clerk Otoe Phillips, City Attorney Rex Perkins, City Enginee C. E. Pierce. Aldermen: Bronson, Bynum, Carter, Gregory, Peal, Sanders, Shook and Ucke.r Minutes of the regular meeting February 3,1936 were read and approved. The following billswere presented after their approval by Alderman Peal, Chairman of the Auditing Committee: Fayetteville Daily Democrat $$5.72;Price Dickson, Atty-: N�50.00; Southwest Gas & Electric Co., $327.32; Price Oil Co. $$15.00; Skelley Oil Company $$60.31 Herman Greathouse $$2.80; Mrs Alec Greathouse '$7.00; A F Shumate °;18.00; Jim Gibson $$5.01 Ben Porter $$15.00;Fayetteville Machine Shop $$8.25; V1. E. Graham .,$7.12: A bill for $$11.50 was presented covering filing of Transcript with Clerk of Supreme Court in appeal of City of Fayetteville vs Fannie Walker, and May R. Plilliams.Alderman Sanders moved that this bill be allowed, seconded by Alderman Shobk, and unanimously passed by the Council; and the Mayor instructed the Olerk to issue check for this amount payable to Clerk Supreme Court of Arkansas. M. H. Bell, of 13. C. Frambers & Company, Certified Public Accountants, presented their audit of the City's business for theyear 1935, explaining in detail the various "Exhibit's'". Alderman Gregory moved that the audit be received and filed, seconded by Alderman Carter, and carried unanimously. Alderman Gregory moved that a vote of thanks be extended to Mr Bell, as the representa- tive of R. C. Frambers & Company, Auditors, for his courtesy in going over the audit in detail. This motion was seconded by Alderman Bronson, and received the entire vote of the Council. A large number of Boy Scouts of America were present; this being the close of a day when the recently elected officers from the Scouts had been initiated into the various City Offices. In response to a request from Mayor McAllister, a number of Scouts introduced themselves, and received a hearty applause for the principles they represent Alderman Gregory introduced the following resolution and moved its adoption: RESOLUTION N0. WHEREAS, a proposal and offer to sell certain real estate located in the City of Fayetteville, County of Washington and State of Arkansas,and which is particularly described in said proposal and offer, and which offer to sell is made to the City of Fayetteville, Arkansas,by the owners of said property, by and thbough Art T. Lewis, Trustee, and WHEREAS, said offer to sell, sets out in detail, the description of said property, the consideration to be paid therefor,the cash payment, and the deferred payments to be made and the manner in which the same are required to be made; and, WHEREAS, said property has been inspected by the City Council, and in its judgment, sa property is well worth the consideration named in said offer to sell, and WHEREAS, the said City of Fayetteville, is much in need of such property,as an adminis- tration building or City Hall, and WHERFAS, the said City of Fayetteville can finance the purchase of the same on the terms proposed without interfering with the.:usual and customary functions of the City, and without interfering with tts ability to pay for the cost of its usual and customary governmental functions, and WHEREAS, the cost of tolentals which will be eliminated by reason of the purchase of said property is a very material item to the said City, and ■ I - 3� WHEREAS, said offer and proposal so submitted and filed with the City Council is in words and figures as follows to -wit: PROPOSAL AND OFFER TO SELL REAL ESTATE . TO THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS,: WHEREAS, the following described real estate is jointly owned by Art T. Lewis, E. F. Ellis, George Ownbey,a single man, Louise Gibson (nee Ownbey)Virginia Wright (nee Ownbe3l')and Carl Ownbey,Jr., the one-third interest so owned by the Ownbey's is subject to the dower right of their mother, Beulah Ownbey, said lands being situate in the City of Fayetteville,,". County of Washington and State of Arkansas, and described as follows to wit: Beginning at the Northwest corner of Lot One (1) in Block thirty-one Original Town in said City of Fayetteville, and rlrnning thence East sixty five (65) feet more or less to a point fourteen feet (14) West of the West wall of the Washington Hotel Company building,thence South -to the South line of Lot-Four'(4) in -said Block thirty- one (31), thence '.'lest to the Southwest corner of said Lot Four (4), thence North to the place of begirm ing,except sixteen (16) feet off the South side of said tract of land, to be kept open for an alley, and subject to the right's of the Masonic Lodge in and to the !'lest half of. the third floor of the building on said lands,and their right to the use of the stairways, halls, equipment etc. Noti^i the owners above named, by and through Art T Lewis, Trustee, hereby offer to sell and convey the above described property to the City of Fayetteville, Arkansas, for the consideration, and upon the terms and conditions herein set out, to wit: The consideration to be the sum of THREE THOUSAND ($3,000.00) Dollars cash and a monthly payment of $187.50 for one hundred and twenty (120) months. The said owners agree to furnish to the said City a good legal and unincumbered title to said property,together with an abstract of title showing the owners to be possessed of':'uch:title, on or before July lst,1936, and to deliver full and complete possession of Said property on or before July lst, 1936, save as to the possession of the Masonic Lodge, as above referred to. That said sum of $3,000.00 cash be due and payable when the owners have delivered both.the character of title as herein contracted, and the possession as stated, even though this be done prior to July l,stl936. One of said monthly payments to be due and payable on the 10th day of the calender month next after the said $3,000.00 is due and payable as herein stated, and a like sum of $187.9 shall be due and payable on the 10th day of each and evety month thereafter until the full one hundred and twenty (120) such monthly payments shall have been made. Privilege to be given to said City to pay any number osaid monthly payments before their respective due dates, and in the event any such fayments shall be made in advano of such due dates, then all such as shall be paid before maturity, shall be discounted at the rate of five (5) per cent per annum for the period of time between such payment and the due date thereof. Said owners shall retain in the deed of conveyance a Vendor's Lein to secure the payment of the deferred payments as above recited, and in the event such deferred payments shall at any time be in arrears for as much as three months(3), that is to - say that if as many as three of such monthly payments shall be past due and un -paid, then the legal holder or holders of the same shall at his,.her or its option,declare the full amount of the unpaid,purchase money due and payable and foreclose the Vendor'; Lein securing the same. Said $3,000.00 in cash shall be placed in escrow in the First National Bank of Fayetteville, Arkansas together with the warranty deed of the owners to the said City, conveying said lands, and a copy of the contract of sale and purchase pertaining thereto. When title to and possession of said property is tendered to the said City as herein agreed, then the $"3,000.000 shall be paid over to the owners as above cited, and the de6d of conveyance He delivered to the said City of Fayetteville. WITNESS our hands on this day of February 1936. Art T. Lewis,Loula Lewis, E. F. Ellis, Center Ellis, Beulah Danbey, George Ownbey, Louise Gibson, Virginia Wright, Carl Ownbey, Jr. No Trustee. THEREFORE BE IT RESOLVED by the City Council of the City of Fayette ville,Arl:ansas, in regular session assembled, that said proposal and offer of the sale of said property to the said City of Fayetteville, Arkansas,for the consideration named therein, be and the same is hereby accepted, with all of its terms and conditions, and the I:%iayor and City Clerk are hereby authorized, ordered and directed to enter into a contract for the sale of said lands to the said City, for the consideration, and upon the term: and conditions set out in said proposal and. offer `ofL' sale. /Pit L 011 Clerk VMayor. P - 232 This motion was seconded by AldermanSanders, and -upon the question being put,-thn. following vote resulted: Ayes: Aldermen Bronson -,Bynum. -Carter, Gregory, Peal, Sanders Shook and Ucker. Nays: None, The Mayor deblared carried as there were eight Ayes and no Nays. CCO::N T R A C T. OF SALE AND PURCHASE. KNOW ALL MEN BY THESE PRESENTS: That'tfiis contract-and'agreement, this day entered into in triplicate copies, by and bettiveen'Art'T: Lewis;'and Loula Lewis, 'his wife, E. F. Ellis and Center Ellis;'his-V4ife;-Mrs Beulah Ownbey, George Ownbey, a -single man, Louis Gibson (Nee Ownbey), Virginia-Wright'(Nee Ownbey) and Carl Otiinber Jr.,by and through Art T.'Lewis, Trustee for all of said parties, 'he.reinafter called the party of the first part, and the CI7Y OF-FAYETTEVILLE, ARKANSAS, by and through its Mayor and City Clerk,being heretbofully authorized and directed by.a certain Resolution passed and. adopted by the City Council of-"aid`City.on the day of February 1936,herein- after called the party of the second part, WITITESSETF` That the party of the first part, being the owner of the legal title to the real-estate hereinafter described, hereby agrees to sell same to the party of the secor part,, and the party of the second part hereby agrees to purchase same from said party c the first part for the consideration and on the terms and conditions hereinafter set forth Said lands being in the City of Fayetteville, Arkansas, and in I'lashington County, Arkansas, and being described as follows: to -wit: Beginning at the Northwest Corner of Lot One (1) in Block Thirty -One (31) in said City of Fayetteville, and running thence East sixty-five (65) feet more or less to a point fourteen (14) feet V:rest of the West wall of the Washington Hotel Company building, thence South to the % uth line of lot Four (4) in said Block thirty-one (31) in said City, �hence IWest to the Southwest corner of said lot four (4), thence North to ; place of beginning, except sixteen (16) feet off the South side of said tract of land tc be kept open for an alley, subject to the rights of the Masonic Lodge in and to the ries1 half of the third floor of said building on said lands, and their rights td the stairwa; halls and equipment.' The consideration to be paid -for said lands is the sum of $3,000.00 cash and hundred and Twenty (120) monthly payments of $187.50 each. The party of the first part hereby agrees to furnish to said City a good lega and unencumbered title to said property, together with an abstract of title showing the party of the first part to be possessed -of duck good legal and unincumbered title to said lands on or before July 1,1936, and to deliver to the said party of'the first part full and complete possession of said property,, saveas to the possession of a portion thereof by said Masonic Lodge, on or before July 1,1936. That sum of $3.000.00 shall be due and payable to the party of the ftrst part,when the pa rty of the first part shall have delivered to the party of the second part both the character of title, and the possession as herein stated, even though it be prior -to July 1,1936. The first monthly payment of One Hundred Eighty Seven (187.50) arra fifty hundredths Dollars to be due and payble on the 10th, day of,the calender month next after the said Three Thousand ($3,000.00) is due and payable as herein stated,and a like sum of $187.50, and a like sum of $187.50 to be due and payable on the 10th, day o each and every month and every calender month thereafter until the full One Hundred and rwenty (120) such monthly payments have been made. The party of the second part is hereby given the right.ard privilege of aying any number of said monthly payments before their respective due dates, and in suc: vent shall be entitled to have each such payment discounted at the rate of five (5)per ent per annum for the period of time ensueing between the payment thereof and the due ate of same, but provided that any such advance payments shall always be applied to the nstallments next to come due, in their regular course and order. Said party of the first part shall retain in the deed of conveyance a vendor s ien to secure the payment of the deferred payments as above recited, and in the event uch deferred payments shall at any time be in arrears for as much as three months, that s to say that if as many as three of such deferred payments shall at -any time be past d nd unpaid, then the legal holder or holders of the same shall at his, her or its option eclare the full amount of the unpaid purchase money due and payable and the vendor's. li o retained in said deed subject to foreclosure. The said sum of Three Thousand ($3,000.00) Dollars shall at the execution of :his contract be placed in escrow in the First National Bank,ini.the.City,of Fayetteville Lrkansas, together with the Warranty Deed conveying said lands to the party of the second part, and together with a copy of this contract of sale and purchase, Le in, la 233 When the title to, and possession of said lands is delivered or tendered to the party of the second part (Not later than July 1,1936) then said Bank as the escrow agent of both parties to this contract,is hereby authorized and directed to pay over to the party of the first part said sum of Three Thousand ($$3,000',00) Dollars, ani: to deliver to the party of the second part said warranty deed, as herein provided. WITNESS our hands on this 0 day of February 1936. Art T. Lewis Loula Lewis E. F. Alis Cener Ellis Beulah Ownbey George Ownbey Louis Gibson Virginia Wright Carl Ownbey Jr. rustee CITY OF FAYETTEVILLE, ARKANSAS. By Q Mayor City Cietk. Alderman Bronson moved that examining of abstract and passing on title to the proper described above be done by Karl Greenhaw, seconded by Alderman Sanders and carried unanimously. Alderman Bronson brought to the attention of the Council condition of sidewalk in vicinity of City Hospital. After some discussion, Alderman Bronson moved that the matter be referred to City Engineer C.E.Pierce and Street Committee, with power to act. There being no further business, Alderman Brosnon moved to adjourn, seconded by Alderman Bynum, and unanimously passed by the Council. And the Mayor declared the Council adjourned.. KtApproved: City Clerk, Mayor onas: I Several applications were redeived applying for driver's privilege for minors. Alderm Fayetteville City Council met in regular session February 24,1936 7:30 P. M. Present: Mayor A'D McAllister. City Atty-., RexpPerkins, City Engineer, C.i;E. Pierce. Aldermen: inor's Bronson, Bynum, Carter, Gregory, Real, Sanders, Shook and Ucker. Absent: Otoe Phillips by Alderman Bronson, and carried City Clerk. B B Bronson acting as Clerk of the Session. Bills: The following bills were presented after their approval by Alderman Peal, Chairman of rivilege: the Auditing Committee: R C. Fr- embers & Co., $h125,00; Jim Gibson 5$2.00;Ben Porter $30.( Alderman Gregory moved that A. F. Shumate $$36.00; H. H.Barnes 5$2,25;The Automotive $$29.54. Alderman Carter moved, was made that the bills beallowed as approved, and warrants issued against the proper funds in Streefs Commi payment of same. Alderman Gregory meconded,_this motion which was unanimously passed by to look into the matter of purchase the Council. to B A Mill nterest The matter of past due interest coupons held by First National Bank, Fort 9nith, Ark., the Council was presented. Alderman Shook moved that a check be issued to cover this Funding Bond n Interest when presented, seconded by Alderman Gregory and carried unanimously. onas: I Several applications were redeived applying for driver's privilege for minors. Alderm Sanders moved that the Ordinance 6ommittee draw up an Ordinance to comply with the inor's State law as to age limit in driving car; seconded by Alderman Bronson, and carried riving unanimously. meeting; ietiver- received the entire vote_of rivilege: Death of Alderman Gregory moved that the Mayor appoint a Committee to draft resolutions of was made by Alderman Carter and seconded by Alderman Peal that the Streefs Commi (Motion be instructed to look into the matter of purchase of pairt'.of:lotnbelonging to B A Mill A MillrEstate corner of Rock and kill streets. Upon the question being put before the Council roperty. resulted in a unanimous vote, in favor of same. Some protests on assessments in Annex No.l Sewer Improvement District No.l for the ?rotests! year 1936 were presented. A motion was made by Alderman Sanders, seconded by Alderm (nnex dl Bynum that these protests be heard on Monday March 2,1936, Tleg�ila`rPCouncil meeting; ietiver- received the entire vote_of the Council. Death of Alderman Gregory moved that the Mayor appoint a Committee to draft resolutions of C. T. I respect for C. T. Harding, deceased; seconded by Alderman Peal, and carried unanimously Harding: