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HomeMy WebLinkAbout1939-08-14 MinutesP 412 ne °Dollar ($1.00) shall be paid upon the delivery of the preliminary report and apprais. he facilities. The actual expense of traveling, hotel rooms and meals shall be paid to ngineers in the event it is necessary to appear in any.dourt or before the Department o is Utilities in acquiring the present distribution system; and in the event the bond el hall not carry, payment of the first two items shall be considered as payment in full f 11 services rendered to that date. Inthe event the bond election shall carry and the C hall acquire the distribution system of the privately owned utility within the City of ayetteville, the City will pay to the Engineers out of the proceeds of the electric bon he f of lovv ing items* Pub - tion ty Two per cent (2/) of the contract price when the money from the sale of.the bonds is available and the balance of three per cent (3f) of the purchase price when the City aas taken over and begun operations of the distribution system. In the event the City should elect to constuct their own power plant and distribu- tion system, the following amounts will be due the Engineers payable solely out of the proceeds of the sale od the electric bonds: Two per cent (21) upon ©elivery of plans and specifications; one and one -ha (1-12%) upon thebletting of construction contracts; one per cent (1%) upon the contractor' monthly estimate during construction perdod plus Two Hundred Fifty Dollars ($250.00) per month covering service of Resident Engineer, and the balance of the fee to be paid, if a at the time constrihetion is completed and the system delivered to the City and operatic begun; it being definitely understood that no Resident Engineer's fee shall be paid mnle the City shall elect to construct its own system or shall construct a part of its bNK sy in connection with the present distribut-ion, and the services of the Resident Engineer w be required only during the period of actual cons ruction work. PROVIDED further that it is specifically understood and agreed that all con pensation due the Engineers shall be derived from the sale of the electric bonds with t exception of the One Dollar ($1.00) and the expense items hereinabove set forth for cour attendance and appearAnce before the Department of Public Utilities; and that all other payments shall be payable solely from the proceeds derived from the sale of electric bor and not otherwise and no claim for service shall be presented to the City until and unle the electric bonds are disposed of and the proceeds recedved and then only in accordance the terms hereinabove s6t forth. It is understood that the services contemplated in this contract are not for the purpose of securing a reduc.tionc fi%nrates but for the sole purpc of acquiring the distribution system now owned privately or for ,the purpose of construct a municipally owned power plant and distribution system and the proceedings will not be dropped by reason of any rate reduction. CITY OF FAYETTEVILLE By A. D. McAllister Mayor. ATTEST: J. W. McGehee City Clerk, ACCEPTED? E. T. ARCHER & COMPANY CONSULTING ENGINEERS, KaNSAS CITY, MISSOURI By E. T. Archer Fayetteville City Council met in regular session, Monday,August 14th,1939. Present: Mayor, A.D.MeAllister, City Clerk, J,W,McGehee, City Engineer, E.T.Brown,and Aldermen; Bronson,Carter,Gregory, Hosford, Peal,Sanders and Ucker. Absent : alderman Minutes of the regular'meetirig of August 7th, were read and approved. The following balls were presented, after their approval by alderman Peal, chairman of auditing Committee: Jackson Cafe $5.500 J.Sheldpy $5.50; T'.S.Duggan $;0.77, Taylor Hann $35.00, H.L.Tuck super service $4.16, Linkway Stores Co. $7.95, Salusbury General Shop H.L.Tuck Super Service $45.440 Ben Porter $17.50, Elmer Boyd $p11.10sHer6chel Holloway Hugh Pool $9.002 Robert Porter $12.00, Geo. Bond $9.25, A.F.Shumate $20.00, and Willie Wilcox $12.00: Alderman Bronson made a motion that the bills be allowed, as app seconded by alderman Ucker, which was regularly passed by the Council. 92 , s tem s with iod 1.25, .25, d, Mayor McAllister, as Ex -officio C]Ae;f of the Fire Department reported the enrolebt of Eight new members in the volunteer Fire Department Alderman Gregory introduced an ordinance, entitled, ";ANORDINANCE ABOLISHING THE SEPERATE OFFICES OF CHIEF OF ZKE POLICE AND CHIEF OF TF.E FIRE DEPARTMENT, DESIGNATING THE MAYOR S EX -OFFICIO CHIEF OF POLICE AND EX -OFFICIO CHIEF OF THE FIRE DEPARTMENT V,,FITHOUT PAY AND FOR OTHER PURPOSES." The Ordinance was read in its entirety by the City Clerk, alderman Gregory made a mo- tion 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; Garter, Gregory, Hosford, Peal, Sanders,and Ucker. Nays: None. Absent and not voting: Shook, and the Ma d glared carried a there v1e @ 7 pp e a d nQ Na Heor Oredinance was read tie second rme b Ue CnI N, after discussion,alderman Sanders made a motion that the rules be further suspended, and the ordinance placed on -its third and final reading, seconded by alderman Peal, and on rol call by the Clerk, recedved the following vote: Ayes; Bronson, Gregory, Hosford, Peal, San ers and Ucker. I%Tays; Carters Absent and not voting: alderman Shook. And the Mayor declared, carried, asthre were 6 Ayes, and 1 Nay. The Ordinance was read the third and final time by the Clerk. (CONTINUED PAGE 413.) TERM OF CONTRACT. This contract shall be in full force and effect for a of five (5) years from the date of execution. CITY OF FAYETTEVILLE By A. D. McAllister Mayor. ATTEST: J. W. McGehee City Clerk, ACCEPTED? E. T. ARCHER & COMPANY CONSULTING ENGINEERS, KaNSAS CITY, MISSOURI By E. T. Archer Fayetteville City Council met in regular session, Monday,August 14th,1939. Present: Mayor, A.D.MeAllister, City Clerk, J,W,McGehee, City Engineer, E.T.Brown,and Aldermen; Bronson,Carter,Gregory, Hosford, Peal,Sanders and Ucker. Absent : alderman Minutes of the regular'meetirig of August 7th, were read and approved. The following balls were presented, after their approval by alderman Peal, chairman of auditing Committee: Jackson Cafe $5.500 J.Sheldpy $5.50; T'.S.Duggan $;0.77, Taylor Hann $35.00, H.L.Tuck super service $4.16, Linkway Stores Co. $7.95, Salusbury General Shop H.L.Tuck Super Service $45.440 Ben Porter $17.50, Elmer Boyd $p11.10sHer6chel Holloway Hugh Pool $9.002 Robert Porter $12.00, Geo. Bond $9.25, A.F.Shumate $20.00, and Willie Wilcox $12.00: Alderman Bronson made a motion that the bills be allowed, as app seconded by alderman Ucker, which was regularly passed by the Council. 92 , s tem s with iod 1.25, .25, d, Mayor McAllister, as Ex -officio C]Ae;f of the Fire Department reported the enrolebt of Eight new members in the volunteer Fire Department Alderman Gregory introduced an ordinance, entitled, ";ANORDINANCE ABOLISHING THE SEPERATE OFFICES OF CHIEF OF ZKE POLICE AND CHIEF OF TF.E FIRE DEPARTMENT, DESIGNATING THE MAYOR S EX -OFFICIO CHIEF OF POLICE AND EX -OFFICIO CHIEF OF THE FIRE DEPARTMENT V,,FITHOUT PAY AND FOR OTHER PURPOSES." The Ordinance was read in its entirety by the City Clerk, alderman Gregory made a mo- tion 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; Garter, Gregory, Hosford, Peal, Sanders,and Ucker. Nays: None. Absent and not voting: Shook, and the Ma d glared carried a there v1e @ 7 pp e a d nQ Na Heor Oredinance was read tie second rme b Ue CnI N, after discussion,alderman Sanders made a motion that the rules be further suspended, and the ordinance placed on -its third and final reading, seconded by alderman Peal, and on rol call by the Clerk, recedved the following vote: Ayes; Bronson, Gregory, Hosford, Peal, San ers and Ucker. I%Tays; Carters Absent and not voting: alderman Shook. And the Mayor declared, carried, asthre were 6 Ayes, and 1 Nay. The Ordinance was read the third and final time by the Clerk. (CONTINUED PAGE 413.) 413 The Mayor then put the question " Shall the Ordinance pass" and on roll call by the lerk; received the following vote: Ayes; Bronson, Gregory, Hosford, Peal, Sanders and poker. Nays: Carter. Absent and not voting: alderman Shook* and the Mayor declared, passed, as there were 6 Ayes and 1 Nay. , Alderman Gregory moved that the emergency clause be adopted, seconded by alder - n Bronson, and on roll call by the Clerk, received the following vote: Ayes: Bronson, Darter, Gregory, Hosford, Peal, Sanders and Ucker. Nags None. Absent and not voting: r alderman Shook. And the Mayor declared the emergency clause adopted, as there were 7 Ayes and no Nays. O.R D I N A N C E. B, 3 3. AN ORDINANCE ABOLISHING THE SEPERATE OFFICES OF CHIEF OF POLICE AND CHIEF OF THE IRE DEPARTMENT, DESIGNATING THE•MAYOR AS EX -OFFICIO CHIEF OF POLICE AND. EX -OFFICIO CHILI OF THE FIRE DEPARTMENT WITHOUT PAY AND FOR OTHER PURPOSES. WHEREAS, it is necessary to economize on expenditures�ovt of,the general_'fund..of the City of Fayetteville in order to comibly with Amendment Ito. 10 to the Constitution of the State of Arkansas; and, WHEREAS, after a careful survey it has been determined that by abolishing the seperate offices of Chief of Police and Chief of the Fire Department and malting the Mayos of the City of Fayetteville the Ex -Officio Chief of Police and Ex -Officio Chief of the Fire Department,a material saving will result and the residents of the City of Fayettevi: Nill not suffer as a consequence of such curtailment of expenditures: *NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Fayetteville, kansas : SECTION OI•IE: The seperate offices of Chief of Police and Chief of the Fire Dep ment of the City of Fayetteville, Arkansas,are hereby abolished, and the poeers and dut of such offices are hereby vested in the mayor of the City of Fayetteville, Arkansas, who shall hereafter be the Ex -Officio Chief of Police and Ex -Officio Chef of the Fire Department of said City of Fayetteville, and the salaries heretofore paid to the Chief of Police and Chief of the Fire Department of the City of Fayetteville, shall remain in the general fuhd to be used for such purposes as may be necessary. SECTION TWOo All Ordinances or parts of Ordinances in conflict --herewith are hereby repealed, and it appearing that the general fund of the City of Fayetteville is already overdrawn and that a saving must be made immediately in odder to comply with Amendment No. 10 to the Codstitution of the State of Arkansas, an emergency is hereby declared to exist, and this Ordinance shall be in full force,and effect from and after its passag©,approval and publication. Passed and approved this 14th day of August, 1939, PUBLISHED 1N THE NORTHWEST ARKANSAS TIMES AUGUST 15th.1939 / ATTEST` APPROVED/1,� • f City Clerk Earl and ( Earl Hand appeared before the Council, and stated that since he had not accepted the claimed Ordinanceoffice of Chief•of Police, that he did not consider the action of the Council in abol- ing the Office of Chief of Police had affected his job , after discussion, the Council didn't affect took no action, taking the positdon that since Hand had been named to the office of Ch h1by the Civil Service Commissioners, before removal of the 6ommissioners2 the abolition j.rr the office automatically removed him from the force. Tom Williams i The request of Mr.J.W.Scott forpermission toestablisk a pop -corn and peanut -star XLURNIA t order- on the*South East corner of the Square was read by the Clerk, but no action was taken to vacate since a Resolution prohibits such stand on the Streets. house at City Dump Ground Alderman Carter reported that there were some complaints about the conduct of Mr.Thomas PJilliams, who has been living in the house at the City Dump Grounds, and made a motion that the Mayor serve notice on him to move, seconded by alderman Ucker, which received the vote of all members of the Council, present. There being no further business, alderman Bronson moved to adjourn, seconded by alderman Peal, which was duly passed by the Council, and the Mayor declared the Couni oil adjourned. ATTEST %i APPROVED aA' iy Clerk Mayor.