HomeMy WebLinkAbout1939-03-20 MinutesIl
Meeting 1post-
poned
Present
tes
'BIills
387
MARCH 6th, the regular meeting of thig date was postponed on account of the
serious illness of Alderman Carte$Ts.vw.ige.
Fayetteville City Council met in regular session Mondays March 13th, 1939.
Present: P+iayor, A.D•hcAllister, City Clerk, J.W.McGehee, City Attorney, Price -Dickson.
City Engiheer,-_ ��ldermen: Bronson. Carter, Gregory, Hosff3rd, Peal, .anders,
Shook and Ucker.
Minutes of the regular meeting of February 27th, and the adjourned meeting of March 1:
were read and approved.
The'following bille were presented after their approval by alderman Peal, chairman of
the auditing committee;'A.F.Shumate $20.00,Willie Wilcox $12.00sMarvin Barton $2.00.
Hugh Pool $.2.00,Elmer Boyd $12.00,Ben Porter $17.50,Jackson Cafe $7.55,F.W.Woolworth $0
Horth West Ark. Times $44.32s Fayetteville Printing Co. $1.53, Arkansas Western Gas Co.
"„98.43 and $22.84,Rogers Electric Co. $0.31, Fayetteville Lumber 8: Cement Co.$11.34,
R.L.Polk & Co.$16.00, S.W.Gas & Electric Co. $339.02,$11.96 and $"15.19, H.L.Tuck Super
Service $1.75 and $22.07, Thomas And Son $2.60, Lewls.Bros. Co.$1.93, M.S.Gabpard $3.61,
Fayetteville Cumber & Cement Co. $82.79, Lyons Machinerjr Co.$58.44,City Clerk $5.00
The Automoyive Inc. $3.92, Milton A. Hamblin 19.55, Fboyd Carl• 10.O0,J.Shelley $11.00
Jackson Cafe $13.85, Alexander Typewriter Co. 3.509 M.S.Gabbard " 29.31,
Ben Porter $17.50yElmer Boyd $p12.00,Hugh Pool $8.00, Joe Hunt $8.00, A.F.Shumate $20.00
Willie Wilcox $$12.00, Alderman Ucker made a motion that the bills be allowed,as approve(
seconded by alderman Bronson, which was duly passed by the Council.
V
451
,
The following reports for the Month of January, were read by the Clerk; J.C.Massie
Janu as Police Judge, Earl Hgnd as actig Chief of l!�olice, Clyde Walters, as Fire Chief and
Reports as Building Inspector,R oy Nix as Sewer Service Oolletor, J.W.McGehee as City Collector
and as City Clerk. Alderman Bronson made a motion that the reports be received and filed
seconded by alderman Ucker, which received the unanimous vote of the Council
The Clerk read a commmnication from P-.M.Brickey of Sherman, Texas, asking information
Letter, about relatlive, to a Franchise for the operation of a RjaX City Bus line, in the City of
City Bus Line Fayetteville. Alderman Gregory made a motion that the matter be referrddto the Street
Committee, with power to act, seconded by alderman Hosford, which was duly passed by the
Copneil.
Clean up Week discussion,
Mayor presented the proposition of "Clean up !'leek" for the City, and after
discussion, Alderman Sanders made a motion to have the "Clean up !'leek", and to leave
the setting of the time, to the discretion of the Mayor, alderman Peal seconded the motion
which received the unanimous vote of the Couneil.
Vi.C.Irihitfield appeared before the Council, and asked for "Special Parking Priveleges"
in front of his place of business on NidthEast Street , after discussion, it was decide
al
to take no action.
Alderman Gregory amd Mayor McAllister made a report on the trip of the committee
to Little Rock that day in the interest of the Gasoline Turnback bill for the Cities,
but expressed a doubt as to the success of their trip.
There being no further business, Alderman Hosford moved to adjourn, seconded by
alderman Ucker, which was duly passed by the Council, and the Mayor declared•�the
C ouncil adjourned. /
ATTEST92 t l
Sty
r
APPROVED (/r%u---G�-�
y
Fayetteville City Council met in regular session Monday, March 20th, 1939.
Present: Mayor, A.D.McAllister, City Clerk, J.W.IvYcGehee, City Attorney, Price Dickson,
City Engineer, F.T.Brown, aldermen; Bronson, Gregory, Hosford, Peal, Sanders, Shook and
Ucker. Absent; alderman Carter.
L:inutes of the regular meeting of March 13th, were read and approved.
The folbowing bills were presented, after their approval by alderman Peal, chairman of
the auditing committee: South Western Bell Telephone Co. $ 60.26, Jackson Cafe $10.45,
City Clerk $$0.50, Ben Porter $17.50,Elmer Boyd $12.00, Hugh Pool $$12.00, A.F.Shumate
$20.00, and Willie Wilcox $12,00. Alderman Bronson made a motion that the bills be
allowed, as appaoved, seconded by alderman Shook, which was duly passed by the Council.
E.Gay and I The resignations of E.Gary.and 1°l.C.Smith as Commissioners of Oak Park Paving District
W:C.Smith resign No.36 and Oak Park Curb and Gutter Improvement District No. 37 were kesiitddX read by tl
1 Clerk, Alderman Brohson made a motion that the Resignations be accepted, seconded by
as Commissioners alderman Sanders. which was passed in regular form by the Council.
Districts 36 & 37
I n.
Alderman Bronson made a motion that J.A.Carter and Fred L'Kerr be named as Co-issio:
J.A.Car
ter'and aJ1s of.Oak Park Paving Improvement district No. 36 and Oak Park Curb and Gutter Improved
Fred L.Kerr ment District No. 379 seconded by alderman Peal, which received the unanimous vote of
appointed as all members of the Council who were present(which was Six in number).
Commissioners in
Districts'36 & 37 The question of the amount to be paid the Clerks and Judges for holding the Election
April 4th, 1939, was discussed and alderman Gregory made a motion that they be paid
Clerks & Judges Three Dollars ($3.00) each, seconded bjs alderman Sanders which was duly passed by the
to be paid $3.00 Council* e
to hold Flection
Alderman Gregory introduced an ordinance, entitled "AN ORDINANCE ESTABLISHING
STREET IMPROVEMENT DISTRICT N0.54 OF THE CITY OF FAYETTEVILLE, ARKANSAS.
Branson
The Ordinance was read in its entirety by the City Clerk, alderman moved that the
rules be suspended, and the ordinance placed on its second reading, V
(over)
�sh� orne:
said Lot
Five(5)-o
alderman Shook seconded the motion, amd on roll call by the Clerk, received the following
vote: Ayes; Bronson ,Greg,orypHosfordo Peal, Sanders and Shook. Absent and not voting;
Carter and Ucker. and the Mayor declared ,passed, as there were 6 Ayes and no slays.
The Clerk read the ordinance the XXXXXKsecond time,.and after discussion, alderman
Sanders moved that the rules be further suspended'l., and the ordinance placed on its third
and final reading, alderman Peal seconded the motion, which received the following vote;
Ayes;Bronson, Gregory, Hosford, Peal, Sanders and Shook. Absepr and not voting; Carter
and Uckero and the mayor declared, passed, as there were 6 Ayes and no Nays•.
The Clerk then read the ordinanpe the third and final time.4
The Mayor then put the question "Shall the Ordinance pass". on the.Clerk calling
the roll, the following vote resulted; Ayes: Bronson, Gregory, Hosford, Peal, Sanders and
Shook. Absent and not voting: Carter and Ucker. And the Mayor declared passed, as therq were
6 Ayes. and no Nays.
Alderman Gregory moved that -the emergency clause be adopted, alderman Bronson
seconded the motion.. which.received the following vote: Ayes; Bronson, Gregory, Hosfo�d,
Peal... Sanders and Shook. Abseht,and not voting: Carter and Ucker. and the Mayor declared
the emergency clause'adopted.# as, there wpre 6,Ayes, and no Nays.
0 R D I NAA N C F N Q e e a, 2 4
AIa ORDINANCE ESTABLISHING STREET IMPROVEMENT DISTRICT NO. 54 OF THE
CITY OF FAYETTEVILLE, ARKANSAS.
WHEREAS, parties claiming to be the owners of two-thirds in assessed value of the property
located within the territory hereinafter described, have filed a petition praymng that 4t? Irrjprove-
district be established for the purpose hereinafter set out;
WHEREAS, after due notice *,, required by law, the City Council of the City of Fayetteville,
Arkansas, has heard all parties desiring to be heard and has ascertained -Yhat said petition
was signed by two- thirds in assessed value of the owners of real property within said
territory;
N06I,THEREFORE,BE IT ORDAINED ty the City Council of the City of Fayetteville, rkamisas:
SECTION 1. There is hereby established an improvement district embracing the following N
property bou— ndedas'follows,towit:-
f.
BEGINNING at the Northwest corner of Lot Four (4), Block Two (2), Wilson's First !�
Addition to the City of Fayetteville,Arkansas, and running,thence East along the North line
if said Lot Four (4), to the Northeast corner of said Lot Four (4);thence in a Northeasterly
erection across a -North and South alley to the Northwest corner of Lot Nine ( 9) in said
ock Two (2); thence East along the North line of Lots Nine (9), Ten.(10) and Eleven (11
n;said;Block Two (2);, thence in a Southeasterly direction across a North and South -al ey
to the Northwest c"ner-of Lot�Phirteen (13) in said Block Two ; thence East along -the-1 North IX
line of Lot Thirteen (13) to the West line of Vandeventer Avenue:thence across Vandeventer
Avenue t4 the Northwest corner of Lot Five (5) Block Three3), Englewood Additrlon to tYie City of
Fayetteville, Arkansas; thence East alomg the north line of Lots Five (5) ,Six (6), Seven (7),
and Eight (8) in said Block Three (3) to the gest line of Shady Avenue; thence East acr�'oss
Shady Avenue to'the Nouthwest corner of Lot Sive (6), Block Two (2), Englewood Additimn;
thence East'along the North line of Lots 6.7,8, and 10 Of said Block 2 tort'he West line of /
Lincoln Avenue; thence East across Lincoln Avenue to the Northwest corner of Lot Five, 5)•,
Plock One ' (1) . Engletivood Addition; thence East along -the North line of said Lot Five,
thence South along the East line of said Lot Fives5) §ixty- Six. and one-half (66 )Faet;
thence East pdreael to and Sixty- Six and one -hall' �61T feet from the North line -of - I
Ila Street, across Lots Six (6), SeIIen l7), and Eight (8) to the East line of Park Avenue;
thence South along the East line of said Lot Eight (8) to the Southeast corner of saidlLot Eight
(8); thence in a Southeasterly direction across Ila Street to the Northeast corner of Lot 1,
Block 6, Englewood Addition; thence South along the East line of said Lot 1 to the Southeast cor-
nerof said Lot One R (1); thence West along the South line of Lots One (1), Two (�), Three (3)
and Four (4) in said Block Six (6) to the East line of Lincoln avenue;
thence West across Lincoln -Avenue to the Southeast corner of Lot One j1),Bloek Five (5)0
Englewood Addition; thence South across an East and West alley to the ortheast cornerlof
Lot Ten (10) in said Block Five (5); thence South
halonesthe East
line
eoof said
Lot
Ten
(10),
to the Southeast corner -of said Lot Ten (10), g the
Ten (10) to a point where the West line of Mock Avenue produced intersects the South line
of Lots Ten (10^) -,in said Block Five (5). thence South across Maple Street and along t e West -line
Of Mock Street ft the Southeast corner of Lot One (])',Block Two (2),. Mount Nord Addition;
thence West along the, South line of Lots One (1.), Two'(2)2 Three (3)0 and Four (4) in said
S
Block Two (2) to the outhwest-corner of Lot Four (4); thence continuing 6^lest to the West line.of
Lot Two (2);Block Four (4), County Court Addition; thence Nolth'along the West line of said Lot
Two (2),'Block Four (4) to a point which is'Sikty-four (64) feet South of the South line of
Maple Street;'thence West parallel to and Sixty-four (64) feet freta the South line of Maple
Street Po the East line of Vandeventer Avenue;
Thence North Sixty-four (64) feet to the•South line of Maple Street;thence Southwest across Van-
deventer Avenue to the Southeast corner of Lot Seven (7), Block One (1-), Wilson's First
Addition, thence Vilest along the North line of Maple Street to the Southwest corner of Lot Eight
(8),Block One (1), Wilson's First Addition; thence North to the Northwest corner of Lot Eight (8);
thence West along the North line of Lot Nine (9) in said Block One (1) to the Northwest corner
of said Lot Nine (9); thence North along the West line of Lot Six (6) in said Block One,(1)
to the Southeast corner of Lot Two (2) in said Block 04e (1);thence West alomg the South
line of Lots Two (2) and One (1) to the Southwest corner' of to One (1) in said Block One (1);
thence North along the West line of said Lot One (1)_ to a point which is One Hundred thirty
(130) feet South of the South line of Ila ttreet; themes West across fot Twelve (12) in
said Block One (1), parallel to and One Hundred Thirty (130) feet from the Sou -y line If Ila 32M
Street, to the West Aline of said Lot `Lnelve (12); thence North along the West line of said
Lot Twelve (12) to :che South line of Ila Street;
v'thence continuing North across Ila Street
and along the West line of Lots Fie (5) and Four (4) in Block:Two(2') of Wilson's First
Addition to the place of beginning,
for the purpose of draining, grading, curbing; guttering and paving Ila Street from the East line
Of Wilson Avenue to the West line of Park Avenue; Vandeventer Avenue from the north line
of Maple Street tomthe South line
389
Of Ila Street; Shady Avenue from the North line of Maple Street to i;he gouth line of.
Ila Street; West Maple Street, from the West line of Mock Avenue to the East line of KAh
Vandeventer;
Said district shall be known as Street Improvement District number 540 and
L.L.Baxter, L.L.Brown and Keith L. Holloway are hereby named Commissioners, who shall
compose the Board of Improvement for said district;
Section 11. This ordinance hall take effect and be in force from and after
its passage
Passed and approved this 20th day of March,1939.
ATTEST: ?Y APPROVED
6ACIty Clerk It Mayor.
Alderman Gregory introduced an ordinance, entitled "AN ORDINANCE
RELATING TO KEEPING, RUNNING AND MAINTAINING OF CERTAIN AMUSEMENTS.
The ordinance was read in its entirety by the City Clerk,alderman Sanders moved that
the rules be suspended, and the ordinance placed on its second reading, alderman Bronson
seconded the motion, and on roll call by the Clerk, received the following vote: Ayes:
Bronson, Gregory, Hosford, Peal, Sanders and Shook. Absent and not voting• utter and
Uckers and the Mayor declared passed, as there were 6 Ayes and no Nays.
The Clerk read the ordinance the second time, and after discyssion, was left
on its second readimg.
Alderman Gregory introduced an ordinance, entitled "AN ORDINANCE TO PROVIDE
THE ENIPLOYMENTO SUSPE14SION AND DISCHARGE OF MEMBERS OF THE POLICE DEPARTMENT AND' FIRE
DEPARTME14T OF THE CITY OF FAYETTEVILLE, REPEALING ALL .LAWS, OR ORDINANCES IN CONFLICT
HEREWITH AND FOR OTHER PURPOSES.
The ordinance was read in its entirety by the City Clerk, alderman Gregory
moved that the rules be suspended, and the ordinance placed'on its second reading,
seconded by alderman Peal, and on roll call by the Clerk, received the following vote:
Ayes: Bronson, Gregory, Hosford, Peal, Sanders, Shook and Ucker. Absent and not voting:
Carber.And the Mayor declared passed, as there were T Ayes and ]IONayQ•
The Clerk read the ordinance the second time, and after discussion, alderman
Sanders moved that the rules be further suspended, and the ordinance placed on its third
and final reading, alderman Bronson seconded the motion, which received the following vo
Ayes: Bronson, Gregory, Hosford, Peal, Sanders, Shook and Ucker. Absent and not voting:
Carter. And the Mayor declared passed, as there were 7 Ayes and no Nays.
The Clerk then read the ordinance the third and final time.
The Mayor then put the question "Shall the Ordinance pass" On the Clerk
calling the roll, the folloeing vote resulted: Ayes: Bronson, Gregory, Hosford,Peal,
Sanders, Shook and Ucker. Absent.and not voting Carter. And the Mayor declared passed,
as there were 7 Ayes and no Nays.
Alderman Gregory moved that the emergency clause be adopted, alderman Pea]
seconded the motions which received the following vote: Ayes: Bronson, Gregory,Hosford,
Peal, Sanders, Shook and Ucker. Absent and not voting; Carter. And the Mayor declared
the emergency clause adpoted, as there were 7 Ayes and no Nays.
III
Q)RD NA NC E NUM BER 82 5.
AN ORDINANCE TO PROVIDE FOR THE EMPLOYMENT, SUSPENSION AND DISCHARGE OF
MEMBERS OF THE EOLICEE DEPARTMENT AND FIRE DEPARTMENT OF THE CITY OF FAYETTEVILLE,
REPEALING ALL LAWS OR ORDINt%NCES IN CONFLICT HEREWITH AND FOR OTHER PURPOSES.
WHEREAS, under the terms of Act 28 of the Acts of the General Assembly of
the State of Arkansas for the year 1933, a so-called civil service was set up for the
police and Fire Depattments of Cities of the First Class, and
WHEREAS, under Section 18 of said Act the question of whether or not any
• City shall operate under said act, may be submitted to the electors of such City for
approval or rejection, and
WHEREAS, under the holding of the Supreme Court of Arkansas in the case of
Stockburger Vs. Cruse, 191 Ark.page 822, that Court said that Section 18 of said Act wa;
in recognition of the rights of municipalities to regulate their own affairs under
Amendment No.7 to the Constitution of the State of Arkansas, and
V'iHEREAS,under the authority of said 6ection 18, the question of whether or 1
said Act should apply to the Police and Fire Department of the City of Fayetteville,
was submitted to the electors of the City of Fayetteville, Arkansas, at the ai}nuq
election held in April, 1934, at which election said Azt was approved by a majori y
of those voting on the question and by said approval became effective as 'to the Police
and Fire Departments of the City of Fayetteville sand
WHEREAS the approval of said Act 28 by the voters of Favettev lle wa s
an approval as is contemplated by Amendment No.7 to the Constitution of the tate
Arkansas, and
390
0$DINANCE N0. 825 CONTINUED.
WHEREAS, Amendment No.7 contains among other provisions, the following:
Amendment and Repeal --No measure approved by a vote of the people shall be amended or repealed
any City Council,except upon a yea and nay vote on roll call of two- thirds of all
mbers elected to ;r -;?* the City Council, ? *11 and
WHEREAS,^under the procedure followed in the City of Fayetteville, an approval by
voters was ne;essary before said Act could become effective; and that said Act, depend
•
the approvaly the voters,became subject to repeal by a two-thirds majority of theX
ers elected to the City Council; and 1
rIHEREAS, the City of Fayetteville, has tried for five years to operate under
he terms of Act 28 aforesaid, and has found that said Act cannot be satisfactorily adapted tBmxm
o ;
conditions as they exist in the City of Fayetteville
NOW,THEREFORE,BE IT ORDAINED by the City Council of the City of Fayetteville, 1thlftlKKKNIX
SECTION,,. The Mayor shall supervise the conduct of all membersof the Police aiudXP�a
and Fire Departments of the City of Fayetteville and shall choose and appoint the Chief of the
Police Department and the Chief of the Fire Department who shall hold their offices until
the following election for Mayor, and umtil their successors are appointed by the incoming
Mayor, unless sooner removed for cause; provided thisSection shall not prohibit the Mlaymr
from choosing and appminting a Chief of Police and a Chief of the Fire Department for a
period less than the term for which the Mayor is elected.
SB6TION 11. The Mayor shall have the right to suspend for inefficiency, misconduct,
or neglect of duty, the Chief of W61X AX the Police Department and Chief of the Fire
Department until the next regular,or adjourned, or special meeting of the City Council;
at which meeting he shall lay the matter before the City Council, and unless his action
be approved and the Chief be removed from office at such meeting within five days thereafter,
by a vote of a majority of the Council elect,the.suspension shall cease; provided , no
officer shall twice be suspended for the same cause.
SECTION 111, The Chiefs of Police and Fire Department may suspend for inefficiency
or misconduct any subordinate, in their depai3tments, and it shall be Y.XgXdvtyX their dutyl.
tc forthwith report their action to the Mayor with reasons for suspensions, with recommen-
dations, and the Mayor shall have power on recommendation alone of the Chiefs of the tIllice
and Fire Department to remove any subordinate member of the police and fire departments.)
SECTION lVe This ordinance is hereby declared to be severable,and if any part,'section,
paragraph,sentence, clause or phrase of this ordinance is held to be unconstitutional orl in
violation of any state law, if applicable, the remaining parts of this ordinance shall not
be affected thereby.
SECTION V`. All lawspparts of laws, ordinances or parts of ordinances in conflict
herewith are hereby repealed aired especially Act 28 of.the Acts of the General Assembly for
the ,year i9330appraved by the voters of Fayetteville at the general election held on April
3, 1934;and it appearing that there is much confusion in the Police and Fire Departments _
of the City of Fayetteville, because the present system of operating the rolice and FdLre
Departments are not designed for, and adaptable to conditions within the City of Fayetteville
and much dissension and justifiable criticism has arisen by reason of the short -comings hof
Act 280 approved by the voters; and this ordinance being necessary for the preservation
of the public peace, health and safety, an emergency is hereby declared to exist and tj}ils
ordinance shall take effect and be in full force from and after its passage, approval and
publication.
Passed and approved March 20, 1939. 61
PUBLISHED IN NORTHVEST ARKANSAS TIMES 21 DAY OF MARCH 1939.
ATTEST •�V_�j �� APPROVED to •dX • 4 �
The Mayor presented the proposition of Mr. John Bynum with reference to selling a Roof
Coating for the hoof of the Fire Department Building,alderman Peal made a motiom thate
matter be referred to the#Fire Committee, with power to act, seconded by alderman Ucker,
whieh was passed by the unanimous vote of all members present. (being 7 in number)
Messrs. Rainey and Allen appeared before the Council and presented a proposition to
refund the "Callable" Bonds of the City Water Department, and after discussion it was decided
to postpone action till next regular meeting og the Council.
The Mayor asked approval of a warrant issued to,J.K.YGregory for $19.67, for
expense bN of a Cmmmittee to Little Rock, March 13th in the interest of the Gasoline
Turn -back for the 6ities, also one issued to E.T.Brown for a Committee to Little Rock
on the same date inthe interest of the City Air Port, for $ 20.10, alderman S%ook made a motion
that the Warrants be approved, seconded by alderman Peal, which was duly paased by the iouncil.
See Para raph There being no further business, alderman Shook moved<to adjourn, seconded by
below alderman Brosgdn, which was passed in the regular way, and the Mayor declared the Council
for Reports ad j ourned.
ATTEST Q jy gy/ a{i APPR OVED4 4114A
CITY CLERKe MAYOR.
orts f
month
Feb
The following reports for he month of February were reaq by the Clerk; J.C.Massie, as
Police Judge, Earl Hand,as Acting Chief of Police, Clyde alters, as Fire Chief and as
Building lnspector, Roy Nix as Sdwer Service Collector, and J.W.McGehee, as 6ity Clerk
and as City Collector. Alderman Bronson made a motion that the repprts be recemved and
filed, seconded by alderman Shook, which was duly passed by the Council.