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Home My WebLink About1940-05-06 Minutes452 Hugh incaid nee tate e I o buy City license R'.B.Chaney DI.G&Lehn appointed Cbm. in District # Fayetteville Council met in regular session, monday, May 6th, 1940. Present: Mayor, A.D.McAllister, City Clerk, J.W.McGelgee, City Attorney, Price Dickson, City Engimeer,E.T.Brown, and aldermen, Bronson, Banks, Gregory, Hosford, McRoy, Peal, Sanders and Shook. Minutes of the regular meeting of April 29th, 1940 , were read and approved. The following bills were presented, adter their approval by alderman Peal, chairman of the auditing committee: J.W.Shelley. $ 4.50 Rogers Electric Co. 0.31 Elmer Boyd $y14.40 S.W.Gas & Electric Cc 14.89 Wentworth= Forman Inc. 2.65 Hugh Pool 12000 Ark.Western•Gas Co. .23.79 Firestone Auto S.&S.Co. 2.66 Clarence Rice 13.75 J.E.Moore Sheet & M Co..1.85 S.W.Bell Telephone Co. 7.50 Herschel Holloway 4.00 Ozark Gro, Co) 5.87 Red Cross Drug Store 2:55 Geo, Bond 3.00 S.W.Bell Telephone Cc 24.54 Thomas & Son 10.10 Lyons Machinery Cc 5.00 Red Cross Drug Store 2.60 Abshier- Bryan Motor C®. 1.03 J.W.McGehee Clerk 1.92 Ark.Western"Gas Co. 62.99 Phillips Motor Col. 81.09 A.F.Shumate 20.00 Lyle Allen 10.00 Ben Porter 20.00 OthoShumate 12.00 Linkway Stores Co. :26 Earl Hand 110.00 Alderman Bronson made a motion that the bills be ahlovied.. as approved, seconded by aldermanShook, which was regularly,passed by the Council'. Hugh Kincaid appeared before .the Council and complained of fumes, from -pe Dryer,; �, ; ; just across the Alley at his back -door, -and after discussion, alderman Bronson made a mC that the matter be.referred to the Mayor, City Attbrneyyand Dr.R.J.Turner, with power t< this motion was seconded by alderman Banks, and received the unanimous vote of the Coun' adt, il: gees The question of requiring persons in the employ of the State, to buy City license came up for discussion, andcalderman Gregory fade a motion that all persons in the employ of the State be shown.the same courtesy by th5714hat is shown them by the State, that is, if the State charges them full price for the State license tags, then the City will charge them full price, if the•State charges a nomihal fee them the City will charge a nominal fee, and if the State issues a license free, then the City will not require a City license, and In the case of the National Guards, the City will charge $1.00 for a City license to each member of the National Guard:, who lives in the City, this motion was seconded by alderman Shook, and received the unanimous vote of the Council. It was noted that there were two vacancies on :rhe Board of Commissioners in Paving District No.43, and alderman.Bronson made a motion that R.B.Chaney and D.G.Lehh be appointed to fill the vacancies in this District, this motion was seconded by d3A$r i� Gregory, which was passed unanimously by the Council. 43 . Alderman Gregory introduced an Ordinance entitled, "AN ORDINANCE TO PROVIDE FOR THE PROPER LOCATION CF RETAINING WALLS WITHIN THE CITY OF FAYETTEVILLE,ARKANSAS, AND FOR OTHER PURPOSES': The Ordinance was read in its entirety by the Clerk,and alderman Gregory mad a motion that the rules be suspended and the Ordinance placed on its second reading, th motmon was seconded by alderman Hosford, and on roll call by the Clerk, received theuna imous.vote of the Council. . The Ordinance wascread the second time by the Clerk, and after discussion,alderman Bronson made a motion that the rules d be further suspended, and the ordinance placed on its third and finial reading, this motion was seconded by alderman Sanders, and on roll eall by. the Clerk was passed unanimously. The Clerk then read the ordinance the third and final time. The Mayor then put,the question " Shall the Ordina�e pass", and on roll call by the Clerk the following vote.was recorded: Ayes; Bronson, Banks, Gregory, Hosford, McRoy, eal, Sanders and Shook.,Nays; None Iand the Mayor declared passed, asthere were 8 Ayes., and no Nays. Alderman Gregory moved the adoption of the emergency clause, seconded by alder- man Peal, and on roll call by the Clerk, the following vote was recorded; Ayes; bronsom; Banks, Gregory, Hosford, Peal, McRoy, Danders and Shook, and the Mayor declared adopted; as there were 8 Ayes, and no Nays. ORDNANCE. NO* 8-4-5. AN ORDINANCE -TO PROVIDE FOR THE PROPER LOCATION OF RETAINING HALLS WITHIN THE CITY OF FAYETTEVILLE, ARKANSAS, AND FOR OTHER PURPOSES. WHEREAS, retaining walls have been built iii the City of Fayetteville, Irkansas, by numerous individuals who have either assumed that the wall was on their own property or have knowingly built the wall on ity property, and WHEREAS, the grade for sidewalks in the City of Fayetteville are located foot outside the private property line and are on the property belonging to the City, construction of retaining walls beginning at the sidewalk line are located on City p NCW,THEREFORE,BE IT ORDAINED by the City Council of the City of Faye Arkansas: SECTION I. That hereafter all persoms,firms and corporations, their agent servants or employees shall be required to secure a permit from the City Engineer of th City of Fayetteville, Arkansas,before beginning the construction of any retaining wall within the City of Fayetteville, Arkansas; provided,that if the retaining wall is more two feet from the inside of the sidewalk or if no sidewalk more than two feet from the platted line of the City right-of-way, then no permit shall be required. ( Ord inaince- C-ont iriued "on -page e d erty. le, han 45 O R D I N A N C E N 0. 8-4-5 (CONTINUED) SECTION 2. In all cases where a permit is,required under the terms of this ordinance, the City Engineer shall establish the line upon which the retaining wall is tc �e built and any person, firm or corporation and or any employee, agent or servant of ny person, firm or corporation who shall erect a retaining wall within the City of ayetteville, Arkansas, without first having secured a permit from the City Engineer afoi said, or who shall construct a wall nearerlito the Street or sidewalk line than the location fixed by the City Engineer shall be guilty of a misdemeanor and upon convmetion thereof shall be fined in any sum not less than Five Dollars($$5.00) nor more than Twenty d�Five Dollars x ($25,00); and, in addition thereto, may by the Court be ordered to remove Isaid retaining wall and failure to comply with said order shall be treated as a contempt of Court and punished as such. SECTION 3 . All ordinances or parts of ordinances in conflict herewith are reby repealed and it appearing that XM retaining walls have been and will continue.7to erected or constructed on City property in the absence of regulation to the contrary, emergency is hereby declared to exist, and this ordinance shall be in full force and. feet from and after its passage, approval,and publication. Passed and approved this 6th day of May, 1940• Published in the Northwest Apkansas Times the 7th day of May,1940 Attest Z�� Approved City ^C C er . Mayor. There being no further business, alderman Sanders moved to adjourn, seconded by alderman McRoy, which was duly passed by the Council, and the Mayor declared the 9ouncil adjourned. 01 Attest/ Approved yer. r, Mayor Fayetteville City Council met in regukar session, ionday, May 13th', 1940 Present : Mayor A.D.McAllister, City Clerk J.W.McGehee, City Attorney Price Dickson, City Engineer, E.T.Brotin. ldermen: Bronson, Banks, Gregory, Hosford, McRoy, Peal,Sanders and Shook. rn,4 y 6 Minutes of the regukar meeting of -Aqm:i�, were read and approved. The following bills were presented, after their approval by alddrman Peal, chairman of the amditing committee. J<:c'-son Jackson Cafe $2.90 Fay. Lbr. & Cement Co. $49.71 Hugh Pool $$10.75 Vickers Laundry 2.40 Skelley Oil Co. 3083 Hal Elderton 10000 Fay. Lbr & Cement Co. 10.59 Arkola Sand & Gravel Co.21.93 C.O.Broyles 11:50 Northwest Ark. Times 33.02 Ben Porter 20.00 Ida H.Jackson 22005 National Disinfectant Co.8.64 Elmer Boyd 14.40 Harper Brush Works 320'58 J.H.Phipps Lbr Co. 12.00 Clarence Rice 12.00 A.F.Shumate 20.00 Otho Shumate 12.00 Alderman Sanders made a motion that the bills be allowed, as approved, seconded by alderman Bronson, which was regularly passed by the Council. The Cleric read the protest of the Tri- Delta Building Corporation to the Protest of assessment placed on their property in Paving District No.46, and Mr:O.J.Ha11, chairman Tri -Delta of the Board of Commissioners was present, and explained in detail the plan used by the nlDistrict Board of Assessorsin determining the amount of assessment placed on each piece of propert; 0.4'6 in this District, and after comparison of the Tri-belta assessnnt with the assessments refused. on property of similar size and value, the Council decided that the Tri -Delta assessment was not out of line, it was also noted that the Protest was filed 3daysllate, but that the Council had given 1t*c6risiderationyanyyway, and Mr O.J.Hall was requested to write the Tri -Delta Building dorporation , and explain to them the method used in determining their assessment , and the City Clerk was instructed to notify them that their protest had been filed late, but that it had been given consideration any way. Alderman Gregory introduced an Ordinance entitled "AN -ORDINANCE LEVYING ASSESSMENT OF BENEFITS IN StREFT IMPROVEMENT DISTRICT NO, 46 OF THE CITY OF FAYETTEVILLE ARKANSAS: The Clerk read the Ordinance in its entirety, and alderman Bronson made a motion that the rules be suspended and the ordinance placed on its second reading, thi motion was seconded by alderman Shook, and on roll call by the Clerk, received the unanimous vote of the Council. The Clerk then read the ordinance the second time, and after discussion, alderman Sanders made a motion that the rules be further suspended, and the ordinance placed on its third and final reading, this motion was seconded by alderman Hosford and on roll call by the Clerk, received the unandmous vote of the Council. The Clerk then read the ordinance the third and final time. The Mayor then put the question " Shall the Ordinance pass", and on roll call by the Clerk, the following vote was Rye orded: Ayes; Bronson, Banks, Gregory, H sford, McRoy, Peal, Sanders and Shook. Nays, None. And the Mayor declared, passed,$s:tyiexe were 8 Ayes. and no Nays. ' ( Copy of Ordinance on page 454)