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HomeMy WebLinkAbout1938-05-16 Minutes833 Fayetteville City Council met in regular session Monday, May 16, 1938. Present: Mayor A. D. McAllister, City Attorney Price Dickson, City Engineer, E. T. Brown, Aldermen: Bronson, Carter, Hosford, Peal, Sanders, Shook and Ucker. Absent: Gregory* inutes of the regular meeting held May 9, 1938 were read and approved. City Clerk, Otoe Phillips being absent a motion was made by Alderman Hosford seconded by Shook that B. B. Bronson act as Clerk. The motion was carried unanimously. Bills: The following bills were presented after they were approved by Alderman Peal, Chairman'of the Auditing Committee: Washington Hotel, $40.29; J. Shelley, $13.25; Northwest Arkansas Times, $8.52; Cole's Cafe $3.60; Ben Porter, $17.50; Bud Collins, $12.00; Emmett Boyd, $10.00; A. F. Shumate, 20.00; Billy Wilcox, $12.00. Alderman Carter, seconded by Shbok that the bills be allowed as approved and the Cgrk be instructed to draw warrants for same upon the proper funds. ,Upon roll ca the motion was unanimously carried and the Mayor so declared. A motion was made by Alderman Sanders as Chairman of the Telephone Committee that the Council have a public hearing. A report was received and filed. Ordinance An Ordinance was introduced by Witt Carter, member of the Ordinance Comduittee entitled "An Ordinance to provide: for the kind and quality of Telephone Service to be fur- nished by persons, firms and/or corporations in the City of Fayetteville, Arkansas; providing penalties; declaring an emergency, and for other related purposes." "Be it Ordained by the City Council of the City of Fayetteville, Arkansas: Section 1. It shall be unlawful for any person, firm, or corporation furnishing elephone service to require or compel its customers or users, within the city limits f the City of Fayetteville, Arkansas, to have installed any phone commonly designated as a "coin box" telephone without the permission of the customer or user; or to require ny user or customer to submit to the maintenance of any such "coin box" telephone as s nav installed, against the will of such user or customer. Section 2. It shall be unlawful for any person, firm or corporation furnishing telephone service to fail or refuse to install and maintain telephone service upon the payment of the flat rate applicalle to the type of service demanded, or to refuse to install and maintain such telephone service and facilities at such place, or places, in or upon the premises to\be served thereby as may be reasonable determined and fixed by the subscriber for such service and facilities. Section 3. It shall be unlawful for any person, firm or corporation furnishing tel- ephone service to refuse to give restricted long distance toll service. "Restricted service" within the meaning of this ordinance shall be construed to mean that a customer or user may limit his long distance calls to incoming calls and outgoing collect calls, and may exclude all other outgoing calls. Section 4. All persons, firms, and corporations furnishing telephone service in the City of Fayetteville, Arkansas, are hereby required to install the applicable telephone service and facilities as soon as is reasonably possible after demand therefor, and the payment of the security of the requisite charges applicable thereto; and the applicable type of service shall be maintained after installation, upon the payment or security of the applicable chargestherefor. Section 5. Any person, firm or corporation violating any of the terms or provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon convition, shall be fined in any sum not less than five dollars, nor more than ten dollars, and each day of continued violation shall be deemed and punishabbe.iasa separate offense. Section 6. If any section or sections, or parts of a section or sections of this ordinance shall be held invalid, the unaffected portions shall remain in full force and effect. Section 7. By reason of invonvenie nee caused to resid ents of the City of Fayette- ville, Arkansas; by reason of the refusal of those furnishing telephone service in the said City to furnish to telephone subscribers and customers in the City of Fayetteville, Arkansas, telephone!servioeand facilities of the character demanded; and by reason of the discrimination in the telephone service furnished in said City, and this ordinance being necessary for the immediate preservation of the public peace, health, and safety, an emergency is hereby declared to exist, and this ordinance shall take effect and be in force from and after its passage, approval and publication. ' Passed and approved this day of 19 A motion was made by Alderman Sanders seconded by Alderman Peal that the Ordinance 'An Ordinance to provide for the kind and quality of telephone service to be furnished by persons, firms and/or corporations in the City of Fayetteville, Arkansas; providing penalties; declaring an emergency, and for other related purposes.",be placed on second reading. Various discussions were held. Upon calling the roll the following ivote resulted: Ayes: Bronson,Carter, Hosford, Peal, Sanders, Shook and Ucker. Nays: None Absent and not voting: Gregory. The Mayor declared carried as there were seven Ayes -and no Nays. A motion was made by Alderman Peal, seconded by Alderman Carter that the said Ordinance be passed over to next meeting night for final action. The Mayor put the :. motion and the following vote was recorded: Ayes: Bronson, Carter, Hosford, Peal, Sanders, Shook and Ucker. Nays: None: Absent and not voting: 'Gregory. The Mayor declared carried as there were seven Ayes and no Nays. Ark, Ave A letter was presented from Mrs. (George E.) Mary R. Hastings, Secretary and Mrs. Parkway E. F. Ellis, Chairman of the Arkansas Avenue Committee asking for an appropriation of $25.00 to pay for labor during months of May to September inclusive, on the up -keep of the Arkansas Avenue Parkway. Motion was made by Alderman Peal, seconded by Alderman P - 334 Bronson,•that the City allow $$5.00 per month from May to September, 1938 as per sail request. The Mayor put the motion which carried unanimously. I Truck Mr. George Melbourne appeared before the Council with reference to truck licenses. LicensesA motion was made by Alderman Ucker, seconded by Alderman Hosford that the matter be referred to the Finance Committee. Upon roll call the following vote resulted: Ayes: Bronson, Carter, Hosford, Peal, Shook and Ucker. Nays: Sanders. The Mayor declared carrded as there were six Ayes and one Nay. A motion was made by Alderman Ucker, seconded by Alderman Hosford that the Coundil djourn which received the unanimouse vote of the Counciland the Mayor declared the Council adjourned. Attest: NQ6%4�,*Z , . Approved:_- G _ in City Clerk Mayor Fayetteville City Council met in regular session Monday May 23, 1938. Present: Mayor A. D. McAllister; City Attorney,,��aa,P,����'33ce Dickson; City Engineer, E. T. Brown; Aldermen: Bronson; Carter; Gregory;�PeB"i; Sanders, Shook; Ucker. City Clerk Otoe Phillips being absent a motion was made by Alderman Hosford that Price Dickson act as clerk. Alderman Carter seconded the motion which carried unanimously. Minutes of the regular meeting held May 16, 1938 were read and approved. Bills: The following bills were presented after their approval by Alderman Peal, Chairman of the Auditing Committee: Coles Cafe, $7.75; Southwestern Bell Telephone Company, $53.27; F. W. Woolworth Company, $$0,:24; Frisco Railroad, $38.60; Arkola Sand & Gravel Company, 34.78; Roy Tanner Paving Company, $$69.38; H. L. Tuck Super Service, $$43.18; Bud Collins, 12.00; Emmett Boyd, $12.00; Herschel Halway, $4.00; Ben Porter, $17.501 Willie Wilcox, 12.00; A. F. Shumate, $20.00; The Automotive, $$3.06; H. L. Tuck Super Service, x$3.17; Alderman Bronson moved that the bills be allowed as approved and the Clerk be instructed to draw warrants for same upon the proper funds. The motion was seconded by Alderman Peal and carried unanimously. A communication from Karl Greenhaw requesting a continuance of action on the proposed k "Telephone Ordinance" was read. Alderman Hosford moved that the Ordinance be changed to read "subscriber" instead of "user". Alderman.Carter seconded the motion which carried unanimously. Alderman Grego noved that the Ordinance be placed on its third and final reading. Alderman Ucker�econded the motion. On the Clerks calling the roll the following vote resulted: Ayes: Carter, Gregory, Hosford, Shook, Ucker. Nays: Bronson, Peal, Sanders. The Mayor declared carried as there were Five Ayes and three Nays. The Clerk then read the Ordinance the third and final time. The Mayor put the question " Shall the Ordinan pass". On the Clerks calling the roll the following vote resulted: Ayes: Carter, Gregory, Hosford, Shook, Sanders, Ucker, Nays: Bronson, Peal. The Mayor declared carried as there were six Ayes and two Nays. Ordinance 807 An Ordinance to be entitled: "An Ordinance to provide for the kind and quality of telephone servile to be furnished by persons, firms and/or corporations in the City of Fayetteville, Arkansas; providing penalties; declaring an emergency, and for other re- laged purposes. Be it Ordained by the City Council of the City of Fayetteville, Arkansas: Section 1. It shall be unlawful for any person, firm, or copporation furnishing tele- phone service to require or compel its customers or subscribers within the City limits of the City of Fayetteville, Arkansas, to have installed any phone commonly designated as a "coin box" telephone without the permission -of the customer or subscriber, or to require any subscriber or customer to submit to the maintenance of any such "coin box" telephone as is now installed, against the will of such subscriber or customer. Section 2. It shall be unlawful for any person, firm oP corporation furnishing telephone) service to fail or refuse to install and maintain telephone service upon the payment of the flat rate applicable to the type of service demanded, or to refuse.to install and maintain such telephone service and facilities at such place, or places, in or upon the premises to be served thereby as may be. reasonably determined and fixed by the subscriber for such service and facilities. Section 3. It shall be unlawful for any person, firm or corporation furnishing tele- phone service to refuse to give restricted long distance toll service. "Restriced ser- vice" within the meaning of this ordinate shall be construed to mean that a customer or subscriber may limit his long distance calls to incoming calls and outgoing collect calls, and may exclude all other outgoing calls. Section 4. All persons, firms, and corporations furnishing telephone service in the City of Fayetteville, Arkansas, are hereby required to install the applicable telephone service and facilities as soon as is reasonabl possible after demand therefor, and the payment of the security of the requisite charge applicable thereto; and the applicable type of service shall be maintained after installation, upon the payment of the appli- cable charges therefor. Section 5. Any person, firm or corporation violating any of the terms or provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined in any sum not less than five dollars, nor more than ten dollars, and each day of continued violation shall be deemed and punishable as a separate offense.