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Home My WebLink About1942-01-19 Minutes534 11id-r,(p. ayetteville�City Council met in regular session, uionday, January 19th, 1942. The Layer presented a request from the Mid Oontinent Oil Co.for permission to resent' Idayor Geq.Vaughan, City Clerk J.W.McGehee, Litt' Attorney Price Dickson, City E gineer ifff� the walk in front of their station -on -North -College Avenue, and alderman Banks mad T.Brovin, Police Chief. Dan Allen., aldermen; Bronson, Banks, Hosford, I,ICRoy, Shook and Stubblefield. a ao£ion that the matter be referred to the Street Committee and City bsent: aldermen Gregory and Sanders. o I inutes of t'.le regular meeting of January 12th, were read and approved. to their walk and a ange The following bills were presented, after their approval by alderman Hosford, ch ir- Streets, i+,ith power an 'of the auditing committee: t act on all three propositions, this motion was seconded by alderman i3ronson, and was rlcansa Municipal League, $80.00, Montgomery- ward Co w1.97, Arkola Sand & Gravel Co. 'rl 4.47 unanimously by the Council. al Elderton x,514.40. Clarence Rice X7..20, Hugh Pool Y12.000 Herschel Holloway 2.40, oy Lee Shumate N7.30, Clarence Rice w8.40, Aal? .Shumate.f'22.50, Alderman Bronson.made a motion that the bills be aiLowed, as; approved, second d by Aderman McRoy, which was .regularly passed by the Council; rking 1 t The proposition of .being no parking lot for the Farmers use, came up for discussion, for a d alderman. Bronson made a motion that the matter be referred to the Street Committee toII mers s e what can be -worked out, this motion vias seconded by alderman McRoy, and was pasced un$ni- m usly by the Council. 11id-r,(p. 1)il. The Layer presented a request from the Mid Oontinent Oil Co.for permission to o - - cl ifff� the walk in front of their station -on -North -College Avenue, and alderman Banks mad quest a ao£ion that the matter be referred to the Street Committee and City Engineer, also the o r quest from the Standard Otl Co at College and Meadow wilth reference to their walk and a ange t s proposition of widening the Street at the Corner of Mill and Roch Streets, i+,ith power ,vialk t act on all three propositions, this motion was seconded by alderman i3ronson, and was passed unanimously by the Council. GCIderman Stubblefield introduced an Ordinance, entitled., " AN OP.DINACE LEVYIIIG PR IU EIGE TAX OR LICENSE UPON FORTUNE TELLERS, PHRENOLOGISTS, Lr"D READERS, AND SIMILAR O.CUPATIONS, AND FOR OTHER PURPOSES. The Ordinance was read in its entirety by the Ulerk, and alderman Brobson made m tion that the rules be suspended, and the Ordinance placed on its second reading, thits r., tion was seconded by alderman Banks, and on roll call by the Clerk, was pas^ed unanimously b the Council. The Cleric then read the Ordinancethe second time, and after discussion, alderman B nks made a motion that the rule be further suspended, and the Ordinance placed on its t it a d final re^ding, this motion was seconded by alderman Stubblefield, and on roll call by t} e Clerk, rias passed unanimously by the Council. The Clerk then read the Ordinance t'^e third and final time. Tie Iayor then put the question, "Shall the Ordinance pass", and on roll call by the Cle4s t}e following vote Vias recorded: ayes; Bronson, Banks, Hosford, hlcRoy, Shook and Stubblefield. Absents and not voting: Gregory and Sanders. And the Mayor declare(: passed, as there were 6 Aires, and no Nays. Alderman Shook moved the emergency clause be adopted, seconded by alderman Stu,�',lefield, and on roll call by the Clerk, the following vote was recorded; Ayes; Bronson, Banks, Hosford, McRoy, Shook and Stub'.lefield. Absent, and not voting: dregory and Senders. And the Mayor declared adopted, as tilere were 6 Ayes, and no Nays. 0 R D I IT A N C E 1T 0. 8 -6 -6 - AI? ORDINANCE LEVYING A PRIVILEGE TAX OR LICENSE UPON FORTUNE TELLERS, PHREI?OL GISTS, REApE'tS, AIID SIIflILAR OCaUPATICNS, AND FOR OTHER PURPOSES, SECTION I. An occupation of Fortune Telling, Mind Reading,Palmistry,Phrenolo�y, Chrystal Gazing, and t" --e reading of the past or future by whatever means is hereby des ar be a privilege, and any person, firm, or corporation desiring to engage in any of the ve occupations, regardless of the name applied to the method, is hereby subject to the loving taxes, to -wit: ®ne Hundred Dollars ($100.00) for the privilege of operating for year or any fractional part of a year: 11. Any person, firm,or copporation engaging in any of the above occupations without first having paid the privilege tax to the City Clerk of the City of Fayetteville, shall be deemed guilty of a misdemeanor, and upor cchnviction thereof shall e f'ae(l in any sum not less than Ten Dollars (N10.00) nor more thbn Two Hundred Dollars (",2)0.00) and each day of such operation shall constitute a seperate offence. SECTION 111. All Ordinances in conflict l.ere�:ith are hereby repealed, and i appearing that this Ordinance is necessary for the preservation of tiie public peace, heal -h, and safety, an emergency is hereby declared to exist, and this Ordinance shall be in full force and effect from and <.fter its passage, approval, and publication. Passed and an?.roved this 19th day of January, 1942. / Attest {[.�/E Approve � 4t' ( ier, . /Al, Alderman Stubblefield introduced an Ordinance, entitled, "AIT ORDIN:.ITCE TO R PF;r^.L ORDINANCE IIO. 8-5-9 OF THE CITY OF FAYETTEVIL,.E, AR?i_ITSAS. The Ordinance vias read in its entirety by the Clerk_, and alderman Bronson made a notion that t'ie rules be suspended and the Ordinance placed on its second reading, this m tion s sa:conded •by elderran i_cRoy, and received the unar_it,ous vote of the Council. The Clerk then read the Ordinance the second time, and after di-cicusnion,aldernan hcRoy made a motion t},at tie rules be further suspended, and the Ordinance ple_ced on its third id final reading,this motion .;gas saConded by alderman Banks, and was passed unanimously by 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 t'_ ^e C erk, he follv!ing vote ivas recorded: Ayes: Bronson, Banks, Hosford, I.ScRoy, Shook and Stubblefibld, bsent: and not voting: Gregory &Sanders. And the Mayor declared passed, asthere vlere6 Ay s and no Ways. 3 O R D I N A N C E 11 0 8-6-7 (Repealing E59, Garbage Ord.) AAI ORD114ANCE TO REPEAL ORDINANCE 110. 859 0? THE CITY OF FAYETTEVILLE, ARKAAiSAS 4JFEREAS, since the enactment of Ordinance No.859 of the City of Fayetteville, Arkansas, operations of the original Ordinance have improved, and it now annears that, by careful enforceipent of the original Ordinance, No.828, Ordinance 110. ra will not be required nor. necessary Now, Therefore, be it ordained by the City Council of the City of Fayetteville nsa, that Ordinance No. 859 be, and the same is, hereby repealed in its entirety. Passed and approved this 19th day of January, 1 Attest _ i y Clem Approved It is further understood and agreed that this contract shall not preven- t're City of Fayetteville from making ma;;nr improvements on said airport even though said improvetrlents may temporarily make the runways unf it for use. } It is understood and agreed that the Lessee and the party contracting to do the ma or improvements shall armee upon the manner in which said improvements are to be conducted in order not to put said airport in such condition that flying operation, ;gill be totally suspended, and the City of Fayetteville agrees that they will keep said ield in as good condition as it now is and to repair minor damage to said airport. It is understood and agreed that the Civil Aeronautics Administration will operate a Civilian Pilot Training Course in connection with the University of Ark- ansas and a Civilian Pilot Training Course under the administtation of Civil Aeronautics "dministration, and rentals under this contract shall be determined on the basis of Sixty Dolloars (;)60.00( a month or Seven Hundred Twenty Dollars (4$720.00) per annun, which sums shall be payable in proportionate installments at the time the Lessee herein receives his co:,ipensation from Civil Aeronautics Administration, and the Lessee shall have the first option on said airport under the terms and conditions as herein set out for such intervals in each year when,as, and if Civil Aeronautics Administration is not operating, provided that this ;:rivilege shall not extend the terms'of this lease. This lease shall begin on January 1st , 1942, and shall continue so long as the Lessee operates said airport undo as certificate of the Civil Aeronautics C=dmin- istration, but in no event to exceed a'period of Five (5) .years; and in the event Lessee shall not operate said airport under a certificate of said Civil Aeronautics Administra- tion, this lease shall immediately terminate,but nothing herein contained shall prevent the execution of a neva or additional lease whether lease continues to operate under Civi Aeronautics Administration or not, or :whether said five year period shall have expired o not; provided further that should Civil Aeronautics Administration cease to operate ite• Civilian Pilot Training programs, or should the five year tenure of this lease expire, then the Lessee should have the option to renew said lease -for an additional period of five (5) years under such terms and conditions'as mat be agreed upon between the Lesnor and Ithe Lessee,and in the event the Lessor and the Lessee are unable to arroe upon the terms and conditions to be applicable to said renewal then each of sa.id parties agrees that the terms and conditiona under whibh the renewal shall. be 0I'or^trl' , "'il'be submitt to a Board of Arbitration,one of whom sba ll be selected by t'.e Lessor,one of whom shall. be selected by the Lessee, (Continued Page 536) Alrlerman Stubblefield introduced an Ordinance, entitled, ° AN ORDINAI:CE LEVYING A PRIV.ILFGE TAX UPON OPERATORS OF SLOT MACHDiES IN THE CITY OF FAYETTEVILLF, ARBA I?SAS : The Ordinance was read in its entirety by the Clerk, and. alderman Bronson macs rca.inanc i motion that the Ordinance be left on its first reading, this motion was seconded by left cr, ilderman Banks, and was passed unanimously by the Council. 1st read ng The question_ of being no insurace on the residence at the Airport, was calle .nsure Douse at to the attention of the Council, and alderman Hosford made a motion that the matter airport be referred to the INSURANCE C0MMITTEr, with power to act, this motion was seconded by alderman Stubblefield, and %was passed unanimously by the Council. TI:e lease contract on the Airrort was read by the Clerk, and alderman iosford made a motion that the contract be approved and a copy of the lease be incorpo- ated in the minutes, this motion was seconded by aldennan Bronson, and was passed unan- 'mosly by the Council. LEASE CONTRACT T17 IS COIITRACT made and entered int@ on this the 17th day of January, 1942, by and etv:een the CITY OF FAYETTEVILLE hereinafter designed as the Lessor and FAYETTEVILLE irnort 'LYDTG SERVICE, IidCORPORATED, hereinafter designated as the Lessee, WITIIESSETH: Lease The'Lessor hereby leases to the LesseE.for :::e purpose hereinafter mentioned its Airrort located on United States Highway No.71, approximately three and one-half riles south of Fayetteville. The Lessee shall have the right to the use of all hangers, ffice spaces, and such other facilities as may be placed on said airport during the enure of this lease, and the Lessee is to furnish his oven utilities, and he shall have lso the exclusive right to the sale of gasoline on said airport, for which amount he will nay to the City of Fayetteville one (1) cent for each gallon of gasoline sold, c3.1 in the vent payment is made to the gasoline distributing company, the lessee agrees that he vaill ::ecute proper assignment or give proper orders permitting the City of Fayetteville to receive direct from the gasoline company one cent for each gallon of gasoline sold on said airrort. It is further understood and agreed thatthe lessee shall have the exclu sive right to carry passengers for hire where the Fayetteville 1.funicipal'Airport is t::e oint of origin for said trips and all persons,firms and corporations desiring to carry passengers for hire ,where the point of origin is the Fayetteville Municipal Airport shal be required to make satisfactory arrangements with the Lessee herein; provideDthat this section shall not apply to regular scheduled cormercial airline operation. It is under- stood and agreed that this lease shall not affect the right of third parties to use said airport in non-commercial operations. It is further understood and agreed that this contract shall not preven- t're City of Fayetteville from making ma;;nr improvements on said airport even though said improvetrlents may temporarily make the runways unf it for use. } It is understood and agreed that the Lessee and the party contracting to do the ma or improvements shall armee upon the manner in which said improvements are to be conducted in order not to put said airport in such condition that flying operation, ;gill be totally suspended, and the City of Fayetteville agrees that they will keep said ield in as good condition as it now is and to repair minor damage to said airport. It is understood and agreed that the Civil Aeronautics Administration will operate a Civilian Pilot Training Course in connection with the University of Ark- ansas and a Civilian Pilot Training Course under the administtation of Civil Aeronautics "dministration, and rentals under this contract shall be determined on the basis of Sixty Dolloars (;)60.00( a month or Seven Hundred Twenty Dollars (4$720.00) per annun, which sums shall be payable in proportionate installments at the time the Lessee herein receives his co:,ipensation from Civil Aeronautics Administration, and the Lessee shall have the first option on said airport under the terms and conditions as herein set out for such intervals in each year when,as, and if Civil Aeronautics Administration is not operating, provided that this ;:rivilege shall not extend the terms'of this lease. This lease shall begin on January 1st , 1942, and shall continue so long as the Lessee operates said airport undo as certificate of the Civil Aeronautics C=dmin- istration, but in no event to exceed a'period of Five (5) .years; and in the event Lessee shall not operate said airport under a certificate of said Civil Aeronautics Administra- tion, this lease shall immediately terminate,but nothing herein contained shall prevent the execution of a neva or additional lease whether lease continues to operate under Civi Aeronautics Administration or not, or :whether said five year period shall have expired o not; provided further that should Civil Aeronautics Administration cease to operate ite• Civilian Pilot Training programs, or should the five year tenure of this lease expire, then the Lessee should have the option to renew said lease -for an additional period of five (5) years under such terms and conditions'as mat be agreed upon between the Lesnor and Ithe Lessee,and in the event the Lessor and the Lessee are unable to arroe upon the terms and conditions to be applicable to said renewal then each of sa.id parties agrees that the terms and conditiona under whibh the renewal shall. be 0I'or^trl' , "'il'be submitt to a Board of Arbitration,one of whom sba ll be selected by t'.e Lessor,one of whom shall. be selected by the Lessee, (Continued Page 536) P 536 (Lease Contract, continued from Page 535) and the third member shall be selected by the choice of the first two members named. And said three-member Board of Arbitration shall fix the terms and conditions of said r newal lease, and bothLessor and Lessee shall be bound by said terms and conditions. 14itness our hands this 17th,day of January, 1942. Cit, OF FAYE _EVIL" , Lessor fittest 'By P .y r City eG er-* FAYETT'EVILLE FLY(MrG SERVICE, MC., Lessee By President Attest Secretary There being no further business, alderman McRoy Loved to adjourn, seconed by alderma .Iosford, which was duly passed by the Council, and the Mayor declared ,he Council adjourned. Attest Q1�ec(/ Approved ty C e Mayor Fayetteville City Council met in regular session, nlonday, January 26th,1942. resent: I,:ayor Geo. Vaughan, City Clerk J.pl.I11cGehee, City Attorney Price Dickson, City ;i ;nfiineer E.T.Bron, Chief of Police Dan Allen, aldermt n: Bronson, Banks, "'regory, Hosfor , c1loy, Shoo: and Stubblefield. Absebt : Alderman Sanders; Minutes of the r0g'Q19r meeting of January 19th,.were read and approved. 'he following bills ;aei.,e presented, after their approval by alderman Hosford, chairman o he auditing committee: Shelley '`8.00, S.VI.C-as 8 Electric Co.4„15.14, Price Oil Corp. H1.96, Hal Elderton '.14.4 , iugh Pool 5(12.00, Clarence Rice yp6.00, Herschel Holloway 02.40, Frank Brooks w10.73, el -ley Henderson y`5.600 Clarence Rice ?13.200 and A.F.Shumate $22.50, and alderman Drons n Dade a motion, that the bills be allowed, as approved, seconded by alderman McRoy, which as egularly passed by the Council. Alderman Banks, chairman of the Fire Cor..nf:ittee, presented a list of equipment need(d iy t' -'e Fire Department, after discussion, alderman Bronson made a motion that the matter ie referred to the Fire Committee, with power to act, this ;notion was seconded by aldermen tu' blef field, and -rias passed unanimously by the Council;' Alderman Hosford introduced the following RESOLUTION and moved its adoption, econded by alderman Gregory, and on roll call by the Clerk, received the unanimous vote f the Council. I; E S 0 L U T I O N WHERESS,'U.S.High:•iay Yo.71 has been declared an important military highway, and as such is eligible for expenditures of Federally allocated funds. NOW,THEREFORE,BE IT RESOLVED DY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE That the Arkansas State Highway Commission and W.V%.M itchell,S•tate Highway irector, be and they are hereby memorialized and urged to undertake the following prof ithin the City of Fayetteville at the earliest possible date: I.Y.idening of North College Avenue, 2. Elimination of the projection into College Avenue at its intersection •mit st Center Street, caused by sidewalk in front of courthouse entrance. 3. Paving of South Third Street betv)een South Colle�J ge Avenue and South Schoo treat in order to provide an alternate route for limited States Highway 71* through the ity of Fayetteville, thereby eliminating traffic through the principal business distric 4. Widening of U.S.Highway No.71 for a distance of 2L mile from the City limi both north and south approaches. Passed aand ►7Q'ai/ppPr'oved this 26th day of January, 1942. Attest �J�'lt�i� AI r'I OPe 1 y er 4ayor Alderman Bro^^nn stated that bIr.Kehr, manager o" the Overman Garment Factory had extended an invitation to;:the Council to visit the Factory,._3nd after discussion, it was agreed to o accept the invitation, and go in a body, Wednesday, at 1-30, January 28th. There being no furtbur business, alderman McRoy moved to adjou n, Seco dad by 1- erman Shook, which ,has duly passed by the Council, and. the Mayor declare e C uncia •journed. Attest Gh- A*oproved �r1 C etc y I.iayo