HomeMy WebLinkAbout1949-11-21 MinutesFayetteville City Council net in regular session Monday, November 21, 1949.
resent: Mayor Lowell M.Rhea, City Clerk J,W.McGehee, City Attorney Price Dickson, City
Engineer W.C.Smith, Fire Chief Burl Skelton, City Building Inspector and'Aldermen;
Richardson, Feathers, McGoodwin, Bohe, Williams, Kincaid,. White and Kent.
Alderman Kincaid made a motion that the Mayor and Chief of Police be authorized
To hire to hire an extra Patrolman on a temporary basis, subject ,to the 1950 budget, this motion
air extra was seconded by Alderman McGoodwin, and was passed unanimously by the Council.
Patrolman
Certificate No. 16 .of Max A. Mehlburger covering 6onstruction Estimate No.3
Construe- of work performed by S.E.Evans Construction Co. durimg the month of October, amounting
tion on to $57,423.09 and the bill of Max A.Mehlburger for supervision of construction for work
lake for done on Contractor's estimate No.3 during the month of October, amountibng to $1,403.67
Oct. were presented, Alderman McGoodwin made a motion that the bills be approved, -this motion
allowed was seconded by Alderman Williams, and was passed unanimously by the Council.
The Mayor reported that he had received a letter from Housing and Home Finance
Payment agency Public Housing Administragion which stated that as a result of the audit of the
to books and records covering Pro'ect ARK -V-3182, it has been determined that the correct
Public balance due the Government is 12704.143 and upon receipt of the $1,704.14, immediate
Housing action can be taken to complete transfer of the Govermmentfs interet in the Project to
Autorized the City of Fayetteville, after discussion, Alderman McGoodwin made a motion that this
amount be paid on receipt of the check from the Insurance Company covering the shortage
of M.P.Hembeee;•this motion,was seconded by Alderman Richardson, amd was passed unaimously
by the Council.
A letter from the City Planning Commission was presented, a copy of which is as
follows:- -
A letter At a meeting of the City Planning Commission held on Tuesday , November 15th,
f.om 1949, the Commission unanimously adopted a resolution asking;
City Planning That the Council -pass as an emergency measure an ordinance establishing set-
Commis- back or building lines on College Avenue. The set -back line recommended is ten feet onNX
sion each side of College Avenue from Spring Street to Prospect Street, and fifteen feet on
each side of College Avenue from Prospect Street to North Street.
At the present time College Avenue is platted sixty feet wide from Spring to
Prospect and fifty feet from Prospect to North. From North Streetto the City Limits
College Avenue or U.S.Highway #71 is eighijy feet in width.
Inside these set -back lines we find only three structures that would encroach,
being the First Presbyterian Church, part of which is about eight feet from the present
line; and others are the Park Grocery and the Dairy Queen Ice-cream stand. With the
probable construction of other buildings on College Avenue in the near future, it was
thought bestto have such an ordinance adopted at the earliest possible moment,so as to
avoid any further encroachments.
• It is the belief of the Commission that traffic on College Avenue will con-
tinue to increase. In the event that this ordimance is adopted as an emergency measure,
it would be incorporated in the Zoning Ordinance when it is presented for your consider
tion W.H.Pryor
Chairman City Planning Commission
Alderman Feathers made a motion that the recommendation be accepted and the Ordinance
Committee be instructed to prepare an Ordinance in compliance with the recommendation,
this motion was seconded by Alderman Kincaid, and was^passed unanimously by the CouncilI
Alderman McGoodwin made a motion that the Ordinance Committee and Fire Committee
be instructed to prepare an ordinance governing the,burning of Grass, Leaves, trash SE coo
this motion was seconded by Alderman Ric}jardson, and was passed ynenimously by the
Council.
Alderman Bohe introduced an Ordinance "RELOCATING THE FIRST FIRE ZONE BETWEEN
EAST DICKSON STREET AND EAST DAVIDSON STREEF ALONG NORTH COLEGE AVENUE IPI THE CITY OF
FAYETTEVILLE, ARKANSAS, REPEALING ALL CONFLICTING ORDINANCES AND FOR OTHER PURPOSES."
The Ordinance was read in its entirety by the Clerk, Alderman McGoodwin
made a motion that the rules be suspended and the Ordinance placed on its second reading,
this notion was seconded by Alderman Williams, which was passed unanimously by the Coun=
cil.
The Clerk then read the Ordinance the second time, and after disdussion,
Alderman Feathers 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 Kent, and
was passed unanimously by the Council.
The Clerk then read the Ordinance the third and final time.
T33e Mayor then put the question "Shall the Ordinance pass"?, and on roll call by the
Clerk, the following vote resulted; Ayes: Richardson, Feathers, McGoodwin, Bohe,Williarn
Kincaid, White and Kent. And the Mayor declared the Ordinance passed, as there were 8 Aye
and no Nays.
Alderman McGoodwin made a motion that the -emergency clause be adopted, this
motion was seconded by Alderman Richardson, and on roll call by the Clerk, the following
vote resulted; Ayes: Richardson, Feathers, McGoodwin, Bohe, Williams,' Kincaid, White and
Kent; And the Mayor declared the emergency clause adopted, as there were.8 Ayes and no
nays. ORDINANCE NUMBER 959
N ORDIN NCE:RELOCATING THE FIRST FIRE ZONE BETWEEN EAST DICKSON STREET AND EAST DAVIDSON STREET
LONG NORTH COLLEGE AVENUE IN THE CITY OF FAYETTEVILLE, ARKANSAS, REPEALING ALL CONFLICTING ORDI-
NANCES AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYET'TEVILLE, ARKANSAS:
SECTION QNF. The First Fire Zone is hereby established to include a zone 460 feet wide, extending
230 feet�Ion each side of the center line of North College•Avenue,•from the North line of East Dic
.son Stregt to the South line of East Davidson Street.
Section T1wo. All Ordinances or parts of ordinances in conflict herewith are hereby repealed, and it
appearing that the boundaries of the First Fire Zmne in the general area described in Section One;
hereof,are extrer;7 irregular and in some instances discriminatory, and it appearing that this or=
(dinance *s necessary for the•preservation of the Public Health, Peace and safety;wi eihergency is
hereby declared to exist and this Ordinance shall be in full force and effect from and after its
passage, approval and publication.
PASSED AND APPROVED THIS 21ST DAY OF NOVEMBER, 1
Attest -
� Approved - —
Ci -y C1errR
282
Alderman B6he introduced an ordinance entitled " AN ORDINANCE ACCEPTIN
ND APPROVING THE PLAN OF THE PLANNING COMMISSION OF THE CITY OF FAYETTEVILLE, ARKANSAS,
SOVIDING FOR BUILDING SET BACK LINES ALONG NORTH CMLLEGE.AVENUE A DISTANCE OF 10 FEET
ROM FRONT PROPERTY LINES, FROM EAST SPRING STREET TO PROSPECT STREET;AND SET BACK LINES
DISTANCE OF 15 FEET FROM FRONT PROPERTY LINES, FROM PROSPECT STREET TO NORTH STREET;
EPEALING ALL ORDINANCES IN CONFLICT, AND FOR OTHER PURPOSES."
The Ordinance was read in its entirety by the Clerk, Alderman Richardson made a
notion that the rules be suspended and the Ordinance placed on its second reading, this
notion was seconded by Alderman Kent and was passed unanimosly by the Council.
The Clerk then read the Ordinance the second time, and after discussion, Alder
'Vhite made a motion that the rules be further suspended and the Ordinance placed pn its
bird and fibal reading, this motion was seconded by Alderman Kincaid, and was passed N
animoysly by the Council.
The Clerk then read the Ordinance the third and final time.
he Mayor then put the question " Shall the Ordinance pass?", and on roll call by the Cl
he following vote resulted; Ayes: Richardson, Feathers, McGoodwin, Bohe, Williams, Kinc
^lhite and Kent. Nays: None. And the Mayor declared the Ordinance passed, as there were
Ayes, and no nays.
Alderman Williams made a motion that the emergency clause be adopted, this mot
as seconded by Alderman Richardson, and on roll call by the Clerk,the following vote
(resulted;- Ayes: Richardson, Feathers,McGoodwin, Bohe,Williams,-Kincaid, White and Kent.
Nays: None. And the Mayor declared the emergency clause adopted, as there were 8 Ayes, a
o Nays. .
ORDINANCE NUMBER 960
i
rk,
id,
on I
AN ORDINANCE ACCEPTING AND APPROVING THE PLAN OF THE PLANNING COMMISSION OF THE
ITY OF FAYETTEVILLE, ARKANSAS, PROVIDING FOR BUILDING SET BACK LINES ALONG NORTH COLLEGE
VENUE A DISTANCE OF 10 FEET MOM FRONT PROPERTY LINES, FROM EAST SPRING STREET TO PROSPECT
TREET; AND SET BACK LINES A DISTANCE OF 15 FEET FROM FRONT PROPERTY LINES, FROM PROSPECt
TREET TO NORTH STREET; REPEALING ALL ORDINANCES IN CONFLICT, AND FOR OTHER PURPOSES.
!"tHEREAS, the Citb¢ Planning Commission of the City of Fayetteville, Arkansas,
as a part of their overall plan has recommended to the City Council of the City of Fayette-
ville, Arkansas, that building set back lines be established along North College Avenue,
a distance of 10 feet from front property lines, from East Spring Street to Prospect
Street;, and building set back lines a distance of 15 feet from front property lines from
Prospect Street to North Street.
NOW, THEREFORE,'BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEV
ARKANSAS:
Section One.: No Building shall be built on North College Avenue between Eas
Spring Street and Prospect Street, closer than 10 feet to the property line adjobning
North College Avenue; nor shall any building be built on North College Avenue between
Prospect Street and North Street,closer than 15 feet to_the property line adjoining
North: -.College Avenue.
Section Two: No Permit shall be issued for construction of buildings in the
area mentioned in Section One, hereof,unless the application for such permit is accomps
by a flat or Drawing, prepared by a competent Surveyor showing the locatmon of the buil
or buildings on the tract and that the set back line is not nearer than the distances p
scribed in Section One, hereof.
Section Tree :All Ordinances or parts of Ordinances in conflict herewith
are hereby repealed, and this Ordinance being necessary for the establishment of a unif
metod of building and for the preservation of the Public Health, Peace and Safety;
an emergency is hereby declaredcto exist and this Ordinance shall be in full force and
effect from and after its passage, approval and publication.
Passed and apprIved this 21st day
Attest
rI
qCity Clerk
of November, 1949.
Approve
Mayor
U
ed IN,
The following
bills were
presented after their approval by Alderman Kent,
chairman of
the auditing commchttee
0
Lige Gabbard
$28,60
A.L.Turnbough
$40.50
Glen Curry
'28.60
C}� ester Stephens
28.60
Geo.Wright
6.00
Robert Allen
28.60
.E.Boyd
28.60
Dave Rose
53.50
R.H.Van Brunt
28.60
Albert Goble
28,60
Ballard Drake
49.70
John Weir
41/30
Lran Dudleg
28.60
Wilson's Cafe
40.65
H.C.Towler
44.00
Clayton
Gabbard
28.60
SW.Gas & Electric
Co126.05
A.C.Hart'
24.00
Fred Church
28360
Ark Western Gas Co. 15.71
Bob Wise
50.16
Fred Drane
28.60
;"l.A.Riddell Corp.
32.39
'A!.L.Moulder
13.50
.S.Chapman
28.60
Esso Standard 011
Co.10.71
Philip H.Rogers
62.50
Bill
Speegle
28.60
Lige Gabbard 7.28•.60
A.L.Turnbough\
62.50
.J.Morgan
28.60
Chester StephensX
28-960
Dave Rose
58.50
Hurry Holloway
28.60
R.E.Boyd
28.60
Ballard Drake
54.70
.Shackleford
28.60
Albert Goble
28.60
Electric Welding Corp
470.81
eo.Harrison
28.60
Oran D)adleM
28.60
Tom Eads
600.00
scar Gilbreath
30.55
Clayton Gabbard
28.60
SW.Gas & Elec Co
52.81
t.H.Hester :A
33.00
Fred Church
28.60
SW.Gas & Elec Co.
31.56
Delbert
Hester
26.30
Fred Drane
28.60
SW.Gas & ELec Co
5.63
arl Lower
28.60
E.S.Chapman
28.60
Washington Transfer Co
5,580.85
hirley Thornsberry
28.60
Bill Speegle
28.60
Johnnie Bassett
48.00
len Curry
28.60
F.J.Morgan
28,60
SW.Gas & Elec Co.
59.43
Obert Allen
28.60
Harry Holloway
28.60
Price Dickson
44.16
.H.Van Brunt
28.60
T.Shackleford
28.60
Powell M.Rhea
51.81
oi--%,leir
41.30
Geo.Harroson
28.60
V.James Ptak
15.00
owler.,
44.00
Oscar Gilbreath
30155
.C:
.L.Moulder•
36.90
W.H.Hester
33.00
ob Wise
50.16
Delbert Hester
26.30
rval Springston
28.20
Carl Lower
28.60
H.Rogers
61.20
S.Thornsberry
28.60
Ahilip
derman Williams
made a motion that the bills be allowed as approved, seconded
by Alder.
Kent, which was passed
unanimously by the Council.
Alderman B6he introduced an ordinance entitled " AN ORDINANCE ACCEPTIN
ND APPROVING THE PLAN OF THE PLANNING COMMISSION OF THE CITY OF FAYETTEVILLE, ARKANSAS,
SOVIDING FOR BUILDING SET BACK LINES ALONG NORTH CMLLEGE.AVENUE A DISTANCE OF 10 FEET
ROM FRONT PROPERTY LINES, FROM EAST SPRING STREET TO PROSPECT STREET;AND SET BACK LINES
DISTANCE OF 15 FEET FROM FRONT PROPERTY LINES, FROM PROSPECT STREET TO NORTH STREET;
EPEALING ALL ORDINANCES IN CONFLICT, AND FOR OTHER PURPOSES."
The Ordinance was read in its entirety by the Clerk, Alderman Richardson made a
notion that the rules be suspended and the Ordinance placed on its second reading, this
notion was seconded by Alderman Kent and was passed unanimosly by the Council.
The Clerk then read the Ordinance the second time, and after discussion, Alder
'Vhite made a motion that the rules be further suspended and the Ordinance placed pn its
bird and fibal reading, this motion was seconded by Alderman Kincaid, and was passed N
animoysly by the Council.
The Clerk then read the Ordinance the third and final time.
he Mayor then put the question " Shall the Ordinance pass?", and on roll call by the Cl
he following vote resulted; Ayes: Richardson, Feathers, McGoodwin, Bohe, Williams, Kinc
^lhite and Kent. Nays: None. And the Mayor declared the Ordinance passed, as there were
Ayes, and no nays.
Alderman Williams made a motion that the emergency clause be adopted, this mot
as seconded by Alderman Richardson, and on roll call by the Clerk,the following vote
(resulted;- Ayes: Richardson, Feathers,McGoodwin, Bohe,Williams,-Kincaid, White and Kent.
Nays: None. And the Mayor declared the emergency clause adopted, as there were 8 Ayes, a
o Nays. .
ORDINANCE NUMBER 960
i
rk,
id,
on I
AN ORDINANCE ACCEPTING AND APPROVING THE PLAN OF THE PLANNING COMMISSION OF THE
ITY OF FAYETTEVILLE, ARKANSAS, PROVIDING FOR BUILDING SET BACK LINES ALONG NORTH COLLEGE
VENUE A DISTANCE OF 10 FEET MOM FRONT PROPERTY LINES, FROM EAST SPRING STREET TO PROSPECT
TREET; AND SET BACK LINES A DISTANCE OF 15 FEET FROM FRONT PROPERTY LINES, FROM PROSPECt
TREET TO NORTH STREET; REPEALING ALL ORDINANCES IN CONFLICT, AND FOR OTHER PURPOSES.
!"tHEREAS, the Citb¢ Planning Commission of the City of Fayetteville, Arkansas,
as a part of their overall plan has recommended to the City Council of the City of Fayette-
ville, Arkansas, that building set back lines be established along North College Avenue,
a distance of 10 feet from front property lines, from East Spring Street to Prospect
Street;, and building set back lines a distance of 15 feet from front property lines from
Prospect Street to North Street.
NOW, THEREFORE,'BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEV
ARKANSAS:
Section One.: No Building shall be built on North College Avenue between Eas
Spring Street and Prospect Street, closer than 10 feet to the property line adjobning
North College Avenue; nor shall any building be built on North College Avenue between
Prospect Street and North Street,closer than 15 feet to_the property line adjoining
North: -.College Avenue.
Section Two: No Permit shall be issued for construction of buildings in the
area mentioned in Section One, hereof,unless the application for such permit is accomps
by a flat or Drawing, prepared by a competent Surveyor showing the locatmon of the buil
or buildings on the tract and that the set back line is not nearer than the distances p
scribed in Section One, hereof.
Section Tree :All Ordinances or parts of Ordinances in conflict herewith
are hereby repealed, and this Ordinance being necessary for the establishment of a unif
metod of building and for the preservation of the Public Health, Peace and Safety;
an emergency is hereby declaredcto exist and this Ordinance shall be in full force and
effect from and after its passage, approval and publication.
Passed and apprIved this 21st day
Attest
rI
qCity Clerk
of November, 1949.
Approve
Mayor
U
ed IN,
283 1
Petition A�Petition signed by Maude C.Rogers, Julia Ann Rogers, Will'iam'R.RRgers,Willia Noll and
for Sewer t Gorge -A.Handy was presented asking that the easement and permit for a prmvate sewer
line heretofore granted on July 70 1949 be amended in the following manner: the permit and
amended easement for the construction of said sewer along the right-of-way of Assembly Drive be
withdrawn and that substituted therefor they be granted an,easement and permit to constru
al private sewer service system on East Maple Street from Rogers Road to Fallin Avenue and
tp connect with the City Sewer system at said intersection..
Alderman Feathers made a motion that their request be approved,'this motion
was seconded by Alderman Kincaid, and was passed unanimously byrthe Council.
There being no further business, Alderman Kent mmved to adjourn, with next
.lar meeting to be December 5th, 1949, this motion was seconded by Alderman White, whi
passed unanimously by the Council, and the Mayor declared the Council adjournedp
Approved
Attest Mayor
y C er
yetteville City Council met In regular session,.Monday December 5th, 1949.
esent: Mayor Powell M.Rhea, City Clerk J.W.McGehee, City Attorney Prices Dickson, City
giner W.C.Smith, Asst City Engineer John E.Mahaffey, Fire Chief Burl Skelton, City Bldg
Spector D.W.Read, amd Aldermen; Richardson,F'eathers, McGoodwin, Bohe, Kincaid, White
d Kent. Absent Aldermamn Williams.
nutes o£,the regular meeting of November 21st were read and approved.
B.J.Hilton I Mr B.J.Hilton appeared before the Council with a request for a permit to remodel
Bldg permit the "Old Barry Home" on North college to convert it into 3 apartments, after discussion,
ap'roved ,Aderman Feathers made a motion that the request be granted and the City Engiheer be au-
horized to issue the permit, this motion was seconded by Alderman White and was passed
iuianimousl.y by the Council.
Tie Water Superintendant presented a request from the property owners in Vail
Vaile d:ition for a WATER LINE, Alderman McGoodwin made a motion that the Water Superintendan
9i ter Linebe authorized to lay- the water line, when fuuds�.are�available, this motion was seconde
authorizedd by Alderman Kincaid, 1%..,.d was passed unanimously by the Council.
The Water Superintendant presented a request for authority to employ a Store
Store keep- Keeper beginning December 6th, at a salary not to exceed $210.00 pen -month, Alderman
er I'IcGoodwin made a motion that the authority be granted, this motion was seconded by Alder.
C.,.Hough- it ite, and was passed unanimously by the Council
The Wgter Superintendant presented "SCHEDULE NO 2112 Schedule Of Service
onnection Prices , Alderman McGoodwin made a motion that Scheduleo e approved$
this motion was secomded by Alderman Richards=.9 and was, passed unanimously by the Counc'is
SCHEDULE OF SERVICE CONNECTION PRICES SCHEDULE -.2
Schedule No2) Under authority of Ordinance # 953, dated 15, Augtst 1949,the following
Service Schedule of service connection prices shall become effective upon -the approval of the Cil
Connections Council:
Complete Service Connection for 5/81t Meter -------- $25.00
" It It it .3/4" Meter ---------27.00
it if it 11111 Meter .........935.00
it it it " 1.3" Meter .........55.00
if it If "i"
1— Meter ......... 65.00
2N° Meter 75.00
Price of initial installation of Two 5/8" Meters in a single Meter Box, on one
3 4 11 Service Line--- ---------------------------------------------- -----535.00
METER INSTALLATION USING EXISTING SRRVICE CONNECTION AND METER BOX
6/8" Meter located in existing meter box(only possibleif meter box is 18"
n diameter ........................ 1 1 000.0..0._0..0.0.0.00.0..40.006000.$15.00
/8'" meter•located in seperate meter box ( to be located not more than 5 feet
f om the existing meter box) ......................................... $20.00
ervice Connections Exclusive of Meter Boxes and Yokes(for replacing present
rvice Pipe only):
3/4" Service Pipe --------------------- $11.00
n " " -----
1 ---------------- 15.00
11 It it .-------------------- 22.00
l ti
it ---.......... --------- - 29.00
2
2" It it ------- 40.00
THE.PRICES FOR SERVICE CONNECTIONS GREATER THAN 2 INCHES WILL BE BASED ON THE
OST OF MATERIALS AND LABOR EXCLUSIVE OF THE METER.
THIS SCHEDULE OF SERVICE CONNECTIONE PRICES SUPERCEDES SCHEDULE NO I APPROVED
Y CITY COUNCIL ON August 18, 1949.
Recommended: William C.Smith
Water uperintendent
`December 5, 19 9.
Approved by the Council December 5, 1949.
Approved:
Mayor
Attest 2nAZ40op .
iyC ert
84
e Water Superintendent "RULES AND REGULATIONS GOVERING WATER MAIN E,(TENSIONS, SRRVICE
NNECTIONS, AND .RATES FOR AREAS OUTSIDE CITY MITS*,
Alderman Feathers made a motion e RULES AND REGULATIONS be approved, this
tion was seconded by Alderman Richardson, and was passed unanimously by the Council.
RULES AND REGULATIONS GOVERNING WATER MAIN EXTENSIONS, SERVICE COA?D?ECTIONS,
D RATES FOR ARES OUTSIDE CITY LIMITS.
CITY WATER PLANT FAYETTEVILLE$ ARKANSAS:
WATER MAIN EXTENSIONS OUTSIDE CITY LIMITS:
A m
COSTS: All costs for water ain extensions outside the City bimits of Fayet.e-
lle shall be paid for by the individgals or parties concerned. The City Water dant will
stall a cut off valve at the corporation line for control purposes.
(B) AGREEMENT: Before any water main extensions are connected to the City waterl
.ins a contract or agreement must be executed between the owners of the extension and the
ty Water Plant. The Superintendent of the City Water Plant is authorized to sign these
ntracts as the agent of the City Water Plant*
the following is the form of contract or agreement to be executed:
Agreement
This agreement made the day of ; 19 by and between the City Water Pl
the City of Fayetteville, Arkansas, through Mer aged,
, Superintendent, herinaftbr called the party of the First
t, and
Party of the Second Part.
H:
That the parties hebeto for the consideration hereinafter named agree as
Article
1. The
Party
of
the First Part agrees
to permit
the party,+of the Second P
take water
sdrvice
from
the
main of the City Water
Plant at
Said water service may be had with the understanding that the Party of the Second Part
aall abide by and comply with all of the Rules, Regulations, and Requirements of the sai
ity water Plant of the City of Fayetteville, Arkansas, as said rules and requirements nc
Kist or as they may be amended from time to time, and also upon the additional terms and
Dnditions as follows:
0
(A) TDat the pipes shall be laid along the following route:
nd
shall be not
less than
inches in diameter and to
be installed by using
ew
galvanized or
other pipe o1'
amity acceptable to the City
Water Plant.
(B) That all construction be approved by the party of the First Part andthat no water
ill be turned on or off or caused to be turned on or off from the main by any person w
s a party of this contract except in accordance with the rules of the City Water Plant
he City of Fayetteville, Arkansas.
(C) That the Service connection shall be controlled by a cut-off valve which shall be
talled at the expense of the Party of the Second Part, by the Party of the First Part
e controlled by the Party of the First Part.
(D) The Party of the Second Part agrees that he will not permit additional connections t
s made to this line or permit the using of wafter through said lines, except where the se
as been measured through a meter which has or may be installed by the City Water Plant,
aless said additional connection be authorized by the Party of the First Part.
E) The Party of the Second Part agrees to maintain all pipe from the City Main to the N
o that they are water -tight at all times, and further agree that a failure to maintain
aid pipes in a non-leakable condittlon constitutes authority for the Party of the First
o discontinue this service by cutting the water off at the main or at any point that it
ecessary to avolhd the wastage of water. The parties hereby waive notice of such discont
nce of service and agree to save harmless the Party of the First Part for any damage wh
ay be claimed by_reason of such discontinuance of service.
ARTICLE 2. The Party ofcthe Second Part hereby grants and conveys to the City Water
lantr of the City of Fayetteville,'Arkansas, an easement for the purpose of inspecting,
eplacing, maintaining or removing meters or ang other property belonging to the City Wat
lant, also an easement for the purpose of inspecting the lines to see that they are prop
aintained, the reading of meters and for any other •purpose which may be necessary for th
roper operation of these connections.
RTICLE 3. It is further understood and agreed by the Party of thecS@cond Part that wate
ervice will be furnished so long as the supply is sufficient to render this service wit
ut endangering the supply toiswater consumers -inside the City of Fayetteville, Arkansas,
ubject to the rules of the plant and that the discontinuance of service due to the shot
f supply will -in no way make the City Water Plant liable for damage or damages of any k
hich may be occasioned by reason of the discontinuance of such service.
RTICLE 4. It is understood by and between the parties hereto that no water secured thro
he above authorized service connection by the Party pf the Second Part will be re -sold,
istributed or furnished gratis by said Party of the Second Part to any other person, fi
r corporation.
RTICLE 5. It is further understood and agreed by the parties hereto that there is nothi
erein contained to prevent the Party of the Second Part from renting the property serve
y the above connection, but it is understood that said Party of the Second Part is resp
ible to the Party pf the First Part for all water bills accruing against such connectio
uring any such rental period.
RTICLE 6. For and in consideration of the covenants and agreements by the Party of the
pcond Part, the Party of the First Part agrees to permit the Party of the Second Part t
ake connection and receive water service upon the aforsaid terms and conditions and upo
o other conditions.
c: t
M
M