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HomeMy WebLinkAbout1947-07-07 Minutes(Ordinance No.918-continued)' Section 2. Said notes shall in no sense constitute an indebtedness of the City of Fayetteville, Arkansas, but shall tie paid exclusively from surplus revenues of the Sevier System of the City of Fayettev<_lle.. Arkansas after provision has been made for payment of bonds.and interest now outstanding which were secured by a first lien on the revenues of said Sewer Systeme Section 3. Surplus revenues as provided in Section 2 hereof, are specificallly pledged for the purpose of repaying said notes in the manner herin set forth. Section 4. It appearing that the funds hereinabove mentioned are needed immediately in order that said secondary disposal plant may be completed and put in operation, an emergency is hereby declared to exist and this ordinance shall be in full force and effebt from and after its passage and approval* Passed and approved this 23rd day of June, 1947.• Approved ,��V . Mayor Attest L; ity Glerice There being no'further business,'alderman Williams moved to.adjourn, seconded by alderman T"lhitfield,, which was duly passed by the Council,and the Mayor declared the Council adjourned. Attest Approved. Mayor i y Glerx Fayetteville City Council met in regular'ses.sion, Monday, July 7th, 1947. resent Mayor G.T.Sanders, City Clerk J.W.McGehee, City Attorney Price Dickson, City , ngineer E.T.Brown, and aldermen; Hale, Harlan, Bohe, Williams, Whitfield,and Gray. bsent: Aldermen Adkisson and White. Minutes of the regular meeting June 23rd, were read and approved. he following bills were presented after their approval by alderman Williams, chairamn o the auditing commOttee: < �aE.Swift ....... 105.57 T.C.Hood $1.50 Arkola Sand 8: Gravel Co $29.84 �ige Gabbard 25.00 Sines Body Shop 17.13'Ark.Fuel Oil Co. 1.38 hester Stephens 25.00 P+icRoy-McNair 22690 Harris Sery Sta 11.50 R:E.Boyd' 25.00 Kelley Bros Lbr Col2.35 Bus & Bob Sta 1925 Buis Sone 25.00 McCartmey-Lewis 15.00 J.W.IaIcGehee, Clerk 1.82 E.Stone 25.00 Bob's Cafe 20080 Firestone Stores ' 96.84 Green Boyd 25.00 City Water Plant 3.62 Cities Service 34.00 Ben Yount 25.00 Panther Oil Co 71.23 Lewis Bros Co. 5.02 Tom Williams 28.00 Kenneth Maxwell 27.00 Cook Paint & Varnish Co 10.30 Arlie Clark 28.00 Guy Works I 58.83 Fay Tire Exchange 8.25 Iiram Gabbard 25:00 Rogers Elec Co. 39.81 Phillips Motor Co. 193.85 arold Dudley 25:00 Linkway Stores 5:61 Price Oil Co. 15.10 Fran Dudley 28.00 Abshier- Bryan 9.50 Green Chev Co. 20.19 V.H.Hester 25.57 Read's 5.95 Tri -City Sign Co. 11.10 Aelbert Hester 23.17 Harris Sery Sta 73.74 Luckett -Russell 272.85 arl Lower 25.57 NW.Ark Times 35:00 Dyke Lumber Co. 8.�7 (Teddy Baker 25:57 Fechheimer Bros 19:15 Smelser & Eason 5.20 Leroy Baker 25.57 Cities Service 15.89 Ark. Ice 8: C.S.Co. 10.00 red Martin 33.00 Lewis Bros Co. 19.79 Harris Sery Sta 183.16 Merman Toney 60.00 Com.Radio Eqipmt 2,50 Phillips Liotor'Co. 13.13 •IV:.H.Hester 25.00 SW.Gas & Elec Co 502.66 The Service Co. 108.65 elbert Hester 22.60 Vickers Laundry .60 Green Chev Co. 214.25 Carl Lower 25.00 Houston Taylor 5.11 '•%hitfield Moter Co. 19.75 Leroy Baker 25.00 J.W.McG,ehee,Clerk 1.00 Green Chev Co. 1.50 Teddy Baker 25.00 Ark VI.Gas Co. 2.86.Regers Elec Co. 3.21 red Martin :73.00 Ark.W.Gas Co.. 7.40 Linkway Stores 3907 H.L.Toney 38.00 Fay Iron & Metal C36.14 Mead's 12..95 Lige Gabbard 25.00 A:&K.Machine Shop112.50 McClinton Bros Const Co 125.00 Chester Stephens 25.0.0 Cy Capney 1.18 Okla Tire & Supply Co. 30.55 R.E.Boyd 25.00 Clint Spencer 6.62 City Water Plant 50.00 Lomis Stone 25.00 Ellis Poore 12.50 SW.Gas & Electric Co 107.31 .E.Stone 25.00 Lee Skelton 12.50 Lewis Bros Co. 1.79 Green Byrd 25.00 Ray Davis 12.50 Ark.Western Gas Co. 33.41 Ben Yount 25.00 Lewis Baos Co. 11.38 Kelley Bros Lbr Co. 5.87 Tom Williams 28.00 SW.Gas & Elec Cc 19.63 Arlie Clark 28.00 Ozark Grocer Co '4.75 Tram Gabbard 25.00 Fay Lbr. & Cement 35.19 Harold Dudley 25.00 'flash Co Tot & Imp 24918 Oran Dudley 28.00 Ark Ice 8: C.S.Co 2.50 Jack Dudley 25.00 Link -way Stores 1.12 .C.Clinton 75.00 Hilton Bros 965 f•1d3rman Whitfield made a motion that the bills be allowed as approved, seconded by alde an Harlan, which was regularly passed- by the Council, I Alderman Rohe introduced an Ordinance entitled, "A -INT ORDINANCE TO CLOSE THE POR TON F ALLEY IN BLOCK A OF LEVERF.TT'S SECOND ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS". The Ordinance was read in full by the Clerk, alderman Williams made a motion rt he rules be suspended, and the Ordinance placed on its second reading, this motion was econdded.by alderman Hale, and was passed unanimously bynthe Council. The Clerk then read the Ordinance the second time and after.discussion, aldermgn itfield made a motion that the rules be further suspended and the Ordinance placed on its ird and final reading, this motion was seconded by alderman Bohe, ajhd was passed unaniijiously the Council. The Clerk then read the Ordinance the third and final time. (Continued on page 123) 122 The Mayor then put the question "Shall the Ordinance pass"?, and on roll call by the Cldr t e folJeaaing vote was receorded ; Ayes: Hale, Harlan, Bohe, Williams, Whitfield ar_d Gray. N ys:None. Absent and not voting: Adkisson and White. And the Mayor declared the Ordimane .-passed, as there were 6 Ayes and no Nays. Aldermanv:Ailliamse made a ?notion that the emergency clause be adopted, this mo- t,on Was seconded by alderman Harlan, and on roll call by the Clerk,'the following vote wgs receorded; Ayes:Hale, Harlan, Bohe, Williams, Whitfield and Gray. Nays:None. Asent and not voting: Adkisson and White. And the Mayor declared the emergency clause adopted, as there were 6 Ayes and no Nays. ORDINANCE Noe 919. AN ORDAINANCE TO &LOSE THE PORTION OF ALLEY IN BLOCK A OF LEVERF.TT'S SECOND ADDUTION Tb THE CITY OF FAYETTEVILLE, ARKANSAS. [IHFREAS , a petition was duly filed with the City Council of the City of Fay- teville, Arkansas, on the 10th day of Junns 1947, asking the City Council to vacate d abandon all that portion of the alley designated on the plat of the Leverett s Secorrl clition to the said City , now appearing on record in Plat Book "A", page 55, in the ol•i fice of the Recorder of Washington County, said portion -of alley described as folli^is: Beginning at a point 280 feet north of the southwest corner of said lot one ip Block A of Leverett's Second Addition to the City of Fayetteville, Arkansas, running tjnence east 155 feet to the northeast corner of said Lot one, thence north 90 feet to a point 15 feet north of the southwest corner of Lot Five in said Block A, thence west 15 Bat across said alley, thence south 75 feet to the southeast corner of Lot Four in said ock A, thence west 140 feet to Garland Avenue, thence south 15 feet to point of begin- ning, and being the portion of alley located between said Lot One and Lot Four and betwen said Lot Three and Lot Four, and between the south,15 feet of Lots Five and Six, in said Block A.,..., WHEREAS, after due notice as required by law, the Council has,at the time and place mentioned in the notice, heard all persons desiring to be heard on the question and has ascertained that the alley or the portion thereof as hereinbefore described. has hn.retofore been dedicated to the Public use as an alley; has not been a4tually used by tie public generally for a period of at least five years; that all the owners of the prop e ty abutting the portion of said alley to be vacated have filed with the Council their written consent to such abandonment; and that public interest and welfare will not be aversely affected by the abandonment of such alley. • NOW THEREFORE, be it ordained by the City Council of the City of Fayetteville, Arkansas: Section-]-. The City of Fayetteville, Arkansas, hereby releases, vacates and ?.x alandons all its rights, together with the rights of the public generally, in and to the portion of alley designated as follows: Beginningat a point 280 feet north of the Southwest corner of Lot One in Block A of Leveretts Second Addition to the City of Fayetteville,Ar1mnsas, as shoran ill P at Book A at page 55 in the office of the Recorder of Washington County, Arkansas, r nning thence east 1775 feet to the northeast corner of said Lot One, thence north 90 flet to a point 15 feet north of the southW est corner of Lot five in said Block A, t�ence west 15 feet across said alley , thence south 75 feet to the southeast corner of L t 4 in said Block A, thence west 140 feet to Garland Avenue, thence south 15 feet to t e point of beginning, and being the portion of alley located between Lot One and Lot F ur and between Lot*Three and Lot Four and between the south 15 feet of Lots Five and Six, in said Block A. Section 2 A copy of this ordinance du ly certified by the City Clerk shall be led in the office of the Recorder of the County and recorded in the deed records of the unty. Section 3. This ordinance shall take effect and be in force from and after its ssage and approval. Passed and approved this 7th day of July, 1947. Approved Attest A4 Mayor The Mayor stated that consideration should be directed by the Council to the question of the adoption of a resolution to give notice of the sale of $1250000.00 f bonds issued for the purpose of constructing additions to and remodeling the city hospital, and purchasing fire fighting apparatus and for purchasing a site for and con- structing buildings for the housing of fire fighting apparatus. After discussion by said Council,Alderman Bohe introduced in writing a esolution for that purpose, and moved that the -same be read in full. The motion being seconded by Alderman Harlan, the question was put by the Mayor on the adoption of•said ° motion, and the roll being called;•'the following voted: _ye: Hale, Harlan; Bohe, Williams, Whitfield and Gray. Nay: None. Absent and not voting: Adkisson and White. Whereupon, the Mayor declared•the motion duly passed and ordered " at said resolution be read. Said resolution was then read in full by J.W.McGehee, Clerk Alderman Williams then moved that the rule requiring an ordinance or reso- tion be read in full an three different days be suspended and that said resolution be laced on its second reading, seconded by Alderman Hale, and thereafter the Mayor put the question on the adoption of said motion, and the roll being called, the following voted: Aye: Hale, Harlan, Bohe, Williams, Whitfield and Gray. Nay: None. Absent and not voting: Adkisson and White. !`!hereupon the Mayor declared the motion duly passed and said resolution laced on its second reading. The resolution was then read by J.W.McGehee, Clerk. Alderman Whitfield moved that the rules be further suspended and the reso- ution be placed on its third and final reading. This motion was seconded by Alderman ohe, and thereafter the Mayor put the question on the adoption of said motion, and the oll being called, the following voted: Aye: Hale, Harlan, Bohe, Williams, Whitfield and saay. Nay: None. Absent and not voting: Adkisson and White. Whereupon the Mayor declared id motion duly adopted and said resolution placed upon its final reading. 124 - id resolution was read in full by Alderman Bohe, who moved its adoption, seconded bar derman Gray, and after due consideration thereof by.said Council,the Mayor put the ques• on upon the adoption of said motion and the passage of said resolution and the roll beiz lied, the following voted: Aye: Hale, Harlan, Bohe, Williams, Whitfield and Gray. y: None. Absent and not voting: Adkisson and White. Whereupon, the Mayor declared said motion duly adopted and said resolution ly passed, and signed his approval to'said resolution, same attested by the City Clerk, d impressed with the seal of the City. :k..,,,Alderman1Ha1e then moved that said resolution go into immediate operation d become effective without delay because of the emergency declared in Section 2 of said solution, which section was then read in full, seconded by alderman Harlan. The Mayor t the question on the adoption of the said motion, and the roll being called, the follow g voted: Aye: Hale, Harlan, Bohe, Williams, Whitfield and Gray. Nay; None. Absent and. t voting: Adkisson and White. Whereupon, the Mayor declared said motion duly passed. id resolution, to which no amendment.was offered, read`as follows: BE IT RESOLVED BY THE CITY COUNCIL OF T1:E CITY OF FAYETTEVILLE: Sectdon 1.That the Clerk of this City be required to publish in some newspaper blished in the City of Fayette�rille, Washington County,'and having a bona fide eircula.- on-in the City of Fayetteville, the following notice, which shall be published once a ek until the day fixed for the sale, the first publication to be at least twenty (20) ys before said dates NOTICE OF BOND SALE I NOTICE IS HEREBY GIVEN that on the 30th day of July,1947,�the City of Fayettev. Arkansas, will offer for sale, for cash at public sale, at eight o'clock P.M. at the ouncil-Chamber, City Administration Building, Fayetteville, Arkansas, one hundred twenty ive"thousand dollars ($125,000.00) of improvement bonds, issued for the purpose of con- tructing additions to and remodeling the City Hospital, and purchasing fire fighting ap- aratus and for purchasing a site for and constructing buildings for the housing of fire ighting apparatus, dated September 1,1947, and maturing on September 1, as follows: $32000.00 in each of the years 1950 to 1957, inclusive $}3,500.00 in each of the years 1958 to 1962;irclusive $40000.00 ,ineeaoho.oft.theyyear.s11963 to 1970s inclusive $4,500.00 in each of the years 1971 to 1974, inclusive $5,600.00 in each of the years 1975 to 19802 inclusive $3,000.00 in 19819 bearing interest at the rate of two and one half per cent (2z�;) per annum,but convert. :)le, at the option of the purchaser, into bonds bearing a lower rate of interest, on sue] ;rms that the City shall receive therefor and pay thereon substantially the same as upon vo and one half perccent (2z%) bonds sold at'the price bid, which shall not be less than it for two and one-half per cent (2p%) bonds. The cost of printing the bonds and the approving opinion of Rose,Dobyns, eek 8: House shall be at the expense of the purchaser, the City reserves the right to re- ect any or all bids. Bids should be accompanied by certified cheelk for ten thousand ollars ($10,000.00) payable to the City, to be its liquidated damages if the bidder fail o make his bid good City of ayettevilQle , By ry�rrjt Mayor Attest: tvr CitylerC It Section 2. It is ascertained and declared that hospital and fire fighting tcilities in this City are inadequate to protect the health and safety of the Citizens the City and that improving and adding to the hospital and fire fighting facilities s essential to the health and safety of its citizens. It is, therfore, declared that an nergency exists, that this Resolution is necessary for the immediate.preservation of the iblic peace, health and safety and that this Resolution shall take effect and be in fort nom and after its passage. PASSED: July 7, 1947 Attest : wi Ci y Clerk. A PPR OVER / Mayor L - . '. d KU J 125 Aid rman Bohe introduced an ordinance, entitled, " AN ORDINANCE PROVIDING FOR THE COLLECTION OF GARI3A E,WASTE,TRASH AND REFUSE IN THE CITY OF FAYETTEVILLE, ARKANSAS, PROVIDING FOR INSPECTION OF PREMISES, FIXING A SCHEDULE OF FEES FOR SAID SERVICES, PROVIDING APENALTY FOR THE, VIn1,ATION EREOF, IROVIDING FOR DISPOSITION ,CF ANY SURPLUS OF FEES COLLECTED UNDER THIS ORDINANCE19' REPEAL- ING ALL MINANCES IN CONFLICT HERLWITH, AND FOR OTHER PURPOSES." The=Ordinance was read in its entirety by the Clerk, alderman Hale made a motion tha the rules be suspended and the Ordinance placed on its second reading, this motion was seconded by alderman Gray, and was passed. unanimously by the Council. The Clerk then read. the Ordinance the second tdme, and after discussion, alderman Whitfield 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 Williams, 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 the Clerk, the following vote was recoreded: Ayes: Hale, Harlan,Bohe, Williams, Whitfield and Gray. Nays: None. Absent and not voting Adkison and White. And the.Mayor declared the Ordinance passed, asthere were 6.Ayes, and no Nays. Alderman Harlan made a motion that the emergency clause be adopted, this motion was seconded byyalderman Whitfield.. and on roll call by the Clexk,'the following vote was recorded: Ayes: Hale, Harlan, Bohe, Williams, Whitfield and Gray. Nays:None Absent and not voting: Adkis.6•'on and White.' AND the Mayor declared the emergency clause adopted, as there were 6 Ayes, and no DTays. ORDINANCE 9-2-0. AN ORDINANCE PROVIDING FOR THE COLLECTION OF GARBARE, VIA'STE, TRASH AND REFUSE IDT THE CITY OF FAYETTEVILLE, ARKANSAS, PROVIDING FOR INSPECTION OF PREMISES, FIXING A SCHEDULE OF FEES FOR SAID SERVICES, PROVIDING A PENALTY FOR THE VIOLATION HEREOF, PP,O- VIDING'FOR DISPOSITION OF ANY SURPLUS OF FEES COLLECTED UDTDEH THIS ORDINANCE, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND FOR OTHER PURPOSESS. A.'A fee of one dollar and fifth cents ($1.50) per quarter, payable in advance is hereby levied&for each single family dwelling house actually occupied as a residence. B. A fee of one dollar and fift$ cents ($1.50) per quarte,payable in advance, is hereby levied(yfor each separate unit of a multiple family dwelling house actually ccupied as a residence. Co The fees mentioned inpthis ordinance and particularly in Sub -Section a* Ind b.of'this Sedtion:iare hereby levied on and collectible from thg person who in con- emplation of law is the head of the fa.ndly residing in the dwelling house unit. The head of the family".is defined as one who controls, supervises and/or manages the ffairs about the house. D.Inthe event that in contemplation of law there•is no head of'the family, he fees set out above are hereby levied on•and shall be collectible from each adult pesiding on the premises, provided, however, that not more than one fee per quarter shall pe paid•for each dwelling house unit in whicki there is no head of a family. E. All business and/or commercial houses, hoarding houses, rooming houses, %rgternity and sorority houses.and other similar establishments spa1t be charged the ollowing rates: For daily service (excwpt Sundays) Eighteen Dollars per,:.qua. ter), Three'times a•we.mk Nine dollars per quarter Twice a week Six dollars per quarter Once a week Three dollars per quarter, The person, firm or corporation being served shall have the right to designate �he number of calls per week which in his judgment are required in order to keep the remises.in a sanitary condition and free from fire hazard; and the rate charged shall be etermined by the number of weekly.calls made, provided, however, that in the event the _umber of calls per week as.fixed by the person, firm or corporation receiving the ser=:e ice is insufficient to keep said premises in a sanitary condition and free from fire azard, additional service may be`rendered at the request of the Mayor,the City Health fficer, the Sanitation Committee or the Fire Chief, as the case may be, and the charge or such additional calls shall be added to the above rate and collected in the same nner as if the property owner had designated the additional calls as necessary. Section 2. The Mayors City- Health Officer,.and•the Sanitation Committee of the City Council shall have the authority to establish fees in keeping with•the above sca chedule for the collection of garbage and trash from any businesses or residences which re not listed in the above schedule. Section 3. Garbage within the meaning of this ordinance shall be construed to include all rejected food waste, and to include every refuse accumulation of animals Fruit, or vegetable matter used or intended for food, or intended for the preparation, Ise in cooking, dealing in,or storing of meat, fish, owl, fruits, and/or vegatables. Section 4. Rubbish and trash within the meaning of this ordinance shall include refuse other than food stuffs, such as broken china', glassware, bottles ,paper�,,,r:: clothing, grass, wood, ashes, and tin cans, and all such rubbish must be placed in a;„p rc�rate container, separate and distinct from .container containing garbage`„ and shall be (collected each three months. h; 3�•. A BE IT ORDAINED BY THE CITY COUDICIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION I. From and after the pasage and approval of this ordinance, all garbag waste, trash and refuse in the City of Fayetteville, Arkansas shall be collected regular ly by the employees of the City of Fayetteville, Arkansas and for said service the Sani- tation Department of the City of Fayetteville, Arkansas or its duly authorized employees shall collect fees as set out, in the following schedule: A.'A fee of one dollar and fifth cents ($1.50) per quarter, payable in advance is hereby levied&for each single family dwelling house actually occupied as a residence. B. A fee of one dollar and fift$ cents ($1.50) per quarte,payable in advance, is hereby levied(yfor each separate unit of a multiple family dwelling house actually ccupied as a residence. Co The fees mentioned inpthis ordinance and particularly in Sub -Section a* Ind b.of'this Sedtion:iare hereby levied on and collectible from thg person who in con- emplation of law is the head of the fa.ndly residing in the dwelling house unit. The head of the family".is defined as one who controls, supervises and/or manages the ffairs about the house. D.Inthe event that in contemplation of law there•is no head of'the family, he fees set out above are hereby levied on•and shall be collectible from each adult pesiding on the premises, provided, however, that not more than one fee per quarter shall pe paid•for each dwelling house unit in whicki there is no head of a family. E. All business and/or commercial houses, hoarding houses, rooming houses, %rgternity and sorority houses.and other similar establishments spa1t be charged the ollowing rates: For daily service (excwpt Sundays) Eighteen Dollars per,:.qua. ter), Three'times a•we.mk Nine dollars per quarter Twice a week Six dollars per quarter Once a week Three dollars per quarter, The person, firm or corporation being served shall have the right to designate �he number of calls per week which in his judgment are required in order to keep the remises.in a sanitary condition and free from fire hazard; and the rate charged shall be etermined by the number of weekly.calls made, provided, however, that in the event the _umber of calls per week as.fixed by the person, firm or corporation receiving the ser=:e ice is insufficient to keep said premises in a sanitary condition and free from fire azard, additional service may be`rendered at the request of the Mayor,the City Health fficer, the Sanitation Committee or the Fire Chief, as the case may be, and the charge or such additional calls shall be added to the above rate and collected in the same nner as if the property owner had designated the additional calls as necessary. Section 2. The Mayors City- Health Officer,.and•the Sanitation Committee of the City Council shall have the authority to establish fees in keeping with•the above sca chedule for the collection of garbage and trash from any businesses or residences which re not listed in the above schedule. Section 3. Garbage within the meaning of this ordinance shall be construed to include all rejected food waste, and to include every refuse accumulation of animals Fruit, or vegetable matter used or intended for food, or intended for the preparation, Ise in cooking, dealing in,or storing of meat, fish, owl, fruits, and/or vegatables. Section 4. Rubbish and trash within the meaning of this ordinance shall include refuse other than food stuffs, such as broken china', glassware, bottles ,paper�,,,r:: clothing, grass, wood, ashes, and tin cans, and all such rubbish must be placed in a;„p rc�rate container, separate and distinct from .container containing garbage`„ and shall be (collected each three months. h; 3�•. A 126 j SECTION 5. The occupants of every private, and business building 'shall provde suitabl ater and fly -tight metallic can or cans made of substantial material with tight fitting overs for the holding of garbage, and shall be placed'at a pount on premises where the arbage collector can conveniently have access to same. Garbage cans must not be larger ban twenty (20) gallon capacity, and shall have handles suitable as aids in loading he cans. SECTION 6. All garbage must be drained of liquid substances before same is placed arbage can. SECTION 7. From and after the passage and approval of -this ordinance: a. It shall be unlawful for any person, firm, or corporation to burn any garbage xcept in incinerators that have been approved by the Health and Fire Department;; b. It shall be unlawful for any person, firm or corporat"ion to dump or throw gar- ge, trash, refuse, leaves or'any accumulation of same on any vacant lot, street, or all the City of Fayetteville, Arkansas. c. Itlshali be unlawful for any person, firm or corporation to collect or move ga3 ge in the City of Fayetteville, Arkansas until they first secure a written permit from e Health Department and /or City Council and pay the license fee provided for herein; d. There is hereby levied a license and inspection fee ofry'y„ dollars $_�°_) per year or fractional part thereof -for each conveyance or,vehicle use the ollection of garbage under the terms.of Sub -Section C of Section 7 herein, which said ee shall be paid at the office of the City Collector in advance. e. It shall be unlawful for any person, firm or corporation to collect or move ga - age. in the City of Fayettteville, Arkansas except in vehicles with covered, water -tight t S or containers. SECTION 8. Garbage shall be collected from private residences by the City at leat each week during the months of October 1 to April 1 and at least twice ea.ck week du_- the remaining months, and daily from business houses in the City or as often s ssary, and it is hereby made the duty of the occupants of every dwelling and /or business e in the City to have garbage on their respectivE premises properly placed in approv@d available for regular collection. SECTION 9. The fees herein provided for shall be payable in,advance, shall be ollected at such places and in such manner as the Mayor and Sanitation, Department from ime to time prescribe. In the event that the fee provided for herein is not paid promtly hen due, a penalty of twenty per cent (20/) for 'each delinquent fee is hereby levied upon he person delinquent in payment and said penalty shall become a part of a.nd be collects ith regular fees heretofore levied. In the event that any fee levied herein remains unpid or a period -in excess of thirty days from'the time the fee first'became due, the City of ayetteville, Arkansas is hereby authorized to institute civil suit for the recovery of aid fee with any penalties that may have attached thereto, plus court costs. SECTION 10. Inspectors employed by the Health J)epartment and/or the Garbage Del artment of the City of Fayettevillei; Arkansas shall make regular inspections of all prelim ises, alleys, and vacant lots and/or properties in the City of Fayetteville,Arkansas and hall have the power to notify the owner or owners thereof of any insanitary conditions foxisting thereon. Within ten (10) days after such notice, it shall be the duty of the owner r owners of such premises;to immediately cause the removal of such insanitary conditions and if such owner or owners do not comply wthin ten (10).days, the Inspectors of the Health nd/or garbage and Sanitation Department shall be authorized to immediately correct such insanitary condition, in addition,, any person, firm , or corporation faili%g to obey sue 11c 1p;.� r notice and continuing to maintain an idsanitary condition shall be deemed guilty of a mi - emeanor and upon conviction shall be fined as hereinafter set out. SECTION 11. Any person, firm or corporation violating any.providion of this or- inance, or failing to pay any bfc:the fees herein provided; shall be deemed guilty of a misdemeanors and upon conviction.in the Fayetteville, Arkansas Municipal Court shall be fined in any sum not less than ten dollars($10.00) nor more than,one hundred dollars ($1 0.00). Section 12. It is distinctly provided that this ordinance does not in any way obligate City Employees or City trucks to clean or pick up refuse or debris resulting from construction on property where buildings are being repaired.or are under construction, nor wood nor limbs resulting from removal of trees on private property. SECTION 13. In the event that the fees collected under this ordinance exceed the cost of maintaining the functions contemplated under this ordinance, any such surplus shall e paid into the general fund of the City of Fayetteville, Arkansas to be used for the M'inte- n ance of the City Health and/or Sanitation Department. .' SECTION 14. If any part or parts, sections or. sub -sections of this ordinance e held, to be unconstitutional or invalid, such unconstitutionality or invalidity shall of affect the validity of the remaining portions of this ordinance. The City Council ereby declares that it would have passed the remaining parts of this ordinance if it ha( nown that such part or parts, sections or sub_sections thereof would be declared uncon- titutional or invalid. SECTION 15. All ordinances and parts of ordinances in conflict herewith are reby repealed. SECTION 16. WHEREAS; it is necessary to make proper precautmon and regulation 9. for the collection of garbage, the proper collection of same is #necessary for the pri ction of the Citizens of the City of Fayetteville, Arkansas, an emergency is hereby clared to exist and this ordinance is fount to be necessary for the immediate preserva the public peace, health, and safety, and the same shall be in full force and effect om and after its passage and approval. , Passed:July,!7th, 1947. P.�tt,est A - i y Clerk Approved: /1 ,CS payor I 127 The question of collecting the fees for the Sanitation Department, set up under Ordinance No.920, came up for discussion, and alderman Whitfield made a motion that the collections be made through the office of the City Clerk, and that J.W.McGehee be paid a s lary of $0.00 per month to supervise the collections, and that miss Winifred Campbell v ire employed as a helper or Assistant Collector for this department, this motion was sec- � on ed by alderman Hale, and was passed unanimously by the Council. "I0'{ `There being no further busibess, alderman Williams moved to adjourn, seconded by ;(X)A`alderman Whitfield; which was duly passed by the Council; and the Mayor declared the Council adjourned. Attest:41ty 7► %jJJ�� Approved C"ler . Mayor Fayettevdlle City Council -met in regular sessions-monday, July 21, 1947. resent: Mayor G.T.Sanders, City Clerk J.W.McG,,hee, City Attorney Price Dickson, City ngineer E.T.Brown, and aldermen; Hale Adkisson, Harlan, Bohe, Williams and 11Ihite: bsent: alderman Whitfield and Gray. inutes of the regular meeting of July 7th were read and approved. he following bills were presented, after their approval by alderman Williams, chaiman 1> f the auditing committee: [.E.Swi£t. $176.54 Gerald Watson $1118.83 Oran Dudley �j32.64 >W.Bell Tel Co. 26.11 Conley Byrd 20.53 Gerald Watson 22.60 3W.Bell Tel Co' 11.34 Jack Dudley 18.83 Fred Drain 25.00 >W.Bell Tel Co. 14.75•Fred Draih 20.53 Conley Byrd 22.80 9.H .H+ester X5.00 4'l.H.Hester - 25.00 Jack Dudley 22.60 )elbert Hester 22.60 Delbert Hester 22.60 H.E.Swift 161.19 )atl Lower 25.00 Carl Lower 25.00 Renner & Co. 109.95 eroy Baker 25.00 Leroy Baker 25.00 Eason & Co. 10.00 'eddy Baker 25.00 Teddy Baker 25;00 Sandford & Son 37.40 Fred Martin 33.00 Fred Martin 33.00 Cities Service 51.39 ,ige Gabbard 25.00 H.L.Toney 32.00 NVI*Ark Times 35.40 Jhester Stephens 25.00 . Lige Gabbard 25,00 Price Dickson 50.40 t.E.Boyd 25.00 Chester Stephens 25.00 Cities Service 69.36 Louis Stone 25.00 R.E.Boyd 25.00 Smelser & Eason 1.07 .E.Stone 25.00 Louis Stone 25:00 Con Cor Paint & V.Co 48.75 rreen Byrd 25.00 A.E.Stone 25:00 Penner 8: Co: 202.2.6 Sen Yount 25.00 Green Byrd 25:00 J.W.McGehee, Clerk 5.17 'om Williams 28.00 Ben YBunt 25.00 Tri -City Sign Service 6.50 .rlie Clark 28.00 Tom Williams Arlie Clark 28.00 28.00 Smelser & Eason 13.10 [tram Gabbard 25.00 Renner & Co. 334.89 [arold Dudley 25.00 Hiram Gabbard 7.5.00 Barada & Page, Inc 50.96 )ran Dudley 28.00 Harold Dudley 27.88 Renner &.Co. 27.56 Aderman White made a motion that the bills be allowed, -as approved, seconded by alder- ian Adkisson, which was regularly passed by the Council. _ The Mayor stated that the notice of sale authorized to be given in the resolution adopted by the Council on July 7, 1947s contained an error in the schedule of maturities of the bonds and that a•resolution should be adopted•repealing said resolutia of July 7, 1947s and authorizing a notice of sale with a correct scheddle of maturities. After discussion by.said Council, alderman Bohe introduced in writing a resolution for that purpose, read it in full, and moved its adoption. The motion was seconded bzr alderman Hale,and after due consideration thereof by said Council, the Mayor put the question upon $he adoption of said motion and the passage of said resolution and the roll being called, the follwing voted: ye:-Hale,Adkisson, Harlan, Bohe, Williams and White; and the fol.loiyidg voted: Nay: None. Absent and ngt voting: Whitfield and Gray. Whereupon, the Mayor declared said motion duly adopted and said resolu- tion duly passed, and signed his approval to said resolution, same attested by the City Clerk, and impressed with the seal of the City. Said resolution, to which no amendment was offered, read as follows: RESOLUTION a lam BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE: Section 1. That the resolution adopted by•this council on July 7, 1947s uthorizing notice of sale of the City's $125,000>Two and One-half Per Cent (2;f) impro rent bonds be and it is hereby repealed. Section 2. That the Clerk of this City be required to publish in some news - aper published in the City of FayettevillepWashington County, and having a bona fide irculati'on in the City of Fayetteville, the following notice, which shall be published 1once a week until the day fixed for the sal9, the first publication to be at least; twen (20) days before said date: