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HomeMy WebLinkAbout1951-01-29 Minutes3531 Iayetteville City Council met in regular sessiom, January 29th, 1951. COPY OF RESOLUTION ��� riE .TI YiSiilVEIl :BY THE':FinYELTE!TILLE':C1fi-`3ZCZF[Il?L::aY aNvtlie•`'? eia�aca£a iofYPiz}iYtic'- YS?i'iiiNr�arid`Ne s�iN ';}Le et:nfose L v7ria:`. 2i6 iY•tl;uixZ tNi request to ay"rif :Nb_ViifitiaK;."T9 ;XTi CMereY4�yXi arStIeTik.'sn� a Xtaisiifisi� 'bite::iikie_yid $aRilsiLzf3rsit } to cI{an e Yfq C tf _i iliS XFii Xa? I'�Sti ii f3lie sit K :I Ii`ie$ ::}:ti5Is Anrii+i".sppeaxTsKIA fialtlX' nam of MAX1=1aMix Bus Co. V117,REAS, appli_catiorx has been duly presented on this date by representatives of t niversity City Lines, Inc. for change of its name from University City Lines, Inc., as appears in the Certificate of Public Convenience and ?Necessity heretofore granted by the ayetteville City Council on November 14th, 1944 pursuant to the terms of Ordinance No. ,82 and it appearing that the Stockholders of the new corporation, University City Tran ompany, are the same as those constituting the University City Lines, Inc.; G' resent: T;iayor Powell M.Rhea, City Clerk J,W,McGehee, City Attorney A,D.McAllister,Jr. (ity Engineer John MaHaf fey, Fire Chief Burl Skelton* and Aldermen; Richardson, Burge, cate of Public Convenience and Necessity heretofore granted to University City Lines, Ire. TcGoodwin, Pratt, Willin=s,,Kincaid2 Heflin and.Kent, n the 14th day of November, 1944,be hereby amended so as to substitute the words Univer r?inutes:,of_the.cregu:hai! meeting of January 8th, the called Meeting of January 23rd and the regular meeting -of January 23rd were read and approved. .n said Certificate. .equest REQUEST FOR CHANGE IDT BUS SCHEDULE by H.71.Younkin Several members of the ALT HUSA CILUB appeared before the Council with a ame of ileqlaest that the name of the City Park be changed to the name of WILSON Park, in the dis- C'ty Park ussion it was suggested that the name be allowed to reinaln CITY PARK, and that when be changed material is available that a PLAQUE be erected and a list of the Citizens who had been._, _nstrumental in helping to make n_ossible the ovmership and development of the park be ple bus schedule hereon, that publicity be given to the request,and to await the reaction of the public. City Employees 'P? C,Morton appeared before the Council and explained the benefits of GROUP to have NSURANCE for all CITY EMPLOYEES,Alderman McGoodvrin made a motion that t$e Mayor be aathc Gr up :.zed to sign an application to the Aetna Life Insurance Co.for a contract of Group Life Insurance nsurance, Death & Dismemberment Insurance for all full time City Employees, the premiums twenty minutes until 10:50 P.T.I. 10 be paid out of the General Fund. This motion was seconded by Alderman Richardson, and ias passed unanimously by the Council. Tillage and Camp Leroy Pond. However, there will still be two buses an hour there during 1.1r.Younkin of the City Bus Lines,appeared before the Council with a reouest to the early morning hours. hange the name of "UNIVERSITY CiTY LIITES'INC ,.to "UNIVERSITY CITY TRANSIT COT.IfANY"and 3. Service on the Aitport-Greenland route will be limited to three trips in th lderman Pratt introduced a Resolution to make this change. Alderman Williams made a mo - ion that the Resolution be adopted, this motion was seconded by Alderman Kent, and was assed unanimously by the Council. COPY OF RESOLUTION ��� riE .TI YiSiilVEIl :BY THE':FinYELTE!TILLE':C1fi-`3ZCZF[Il?L::aY aNvtlie•`'? eia�aca£a iofYPiz}iYtic'- YS?i'iiiNr�arid`Ne s�iN ';}Le et:nfose L v7ria:`. 2i6 iY•tl;uixZ tNi request to ay"rif :Nb_ViifitiaK;."T9 ;XTi CMereY4�yXi arStIeTik.'sn� a Xtaisiifisi� 'bite::iikie_yid $aRilsiLzf3rsit } to cI{an e Yfq C tf _i iliS XFii Xa? I'�Sti ii f3lie sit K :I Ii`ie$ ::}:ti5Is Anrii+i".sppeaxTsKIA fialtlX' nam of MAX1=1aMix Bus Co. V117,REAS, appli_catiorx has been duly presented on this date by representatives of t niversity City Lines, Inc. for change of its name from University City Lines, Inc., as appears in the Certificate of Public Convenience and ?Necessity heretofore granted by the ayetteville City Council on November 14th, 1944 pursuant to the terms of Ordinance No. ,82 and it appearing that the Stockholders of the new corporation, University City Tran ompany, are the same as those constituting the University City Lines, Inc.; G' Signed iI.17,Younhin Pres. Alderman I:incaid made a :notion thatthe request be approved, this motion vra seconded by Alderman Pratt and was passed unani_-:ously by the Council. �tldorman Pratt introduced an Ordinance entitled "ATT ORDID74NCE To nx.r,irD ORDI:TA!1C ,To. 7A9 of 1935 PMVIDiNG FOR ASSESSING ADD COLLECTING A LICENSE `r'Aa: FOR "_'HE PRIVILEGE OF 3P.7r=_t ING ?T?TIICLFS UPODT `_"_IJ STRrhTS AND � LEYS OF T E CITY OF FA iEVILLE,lJ.3Ki -'-SAS." The Ordinance was read in its entirety by the Clerk, Alderman l'iilli ams made a motion that all rules be suspended and the Ordinance passed, this motion was seconded by Alderman Kincaid, and on roll cal]. by the Clerk, the following vote'cras .recorded; Ayes: iu ge, T:cGoodwin, ':Jilliams,.Kincaid, Heflin and Kent,_ Nays: Richardson and Pratt, and the 11aSor declared the Ordinance had failed to pass, since it required the unanimous vote of th Council with one reading and slxspension of all the rules. Alderman Kent made a motion that the Ordinance be reconsidered and placed on its econd reading, this motion was seconded by Alderman VAi?_liams, and on roll tall by the 1erk, the following vote resilted; Ayes: Surge, McGoodwin, Williams, KIncaid, Heflin and ent, Drays: Richardson and Pratt, and the H ayor declared the motion passed. NOW, THEREFORE, BE ITI RESOLVED by the Fayetteville City Council that the Cortif-' cate of Public Convenience and Necessity heretofore granted to University City Lines, Ire. n the 14th day of November, 1944,be hereby amended so as to substitute the words Univer ;ity City Transit Company for the words University City Lines, Inc., as it now appears .n said Certificate. REQUEST FOR CHANGE IDT BUS SCHEDULE by H.71.Younkin Re uest to We are submitting herewith another City bus achedule,the greater part of change vhich is the same as heretofore. The most -important of the four changes are as follows: bus schedule 1. after seven 7:00 P.Id, on Leverett Street Route and after 7:20 P.y.on Leveret t drool route, we propose to eliminate the night service, The University and Terry Villag asses will continue t'U.) circle the campus, giving service on 'ii,Di cicson and W.Maple ever twenty minutes until 10:50 P.T.I. 2. Fror., 9:30 A.T.I. until 3:30 P.I.I. we propose to run but one bus an hour to Ter; y Tillage and Camp Leroy Pond. However, there will still be two buses an hour there during the early morning hours. 3. Service on the Aitport-Greenland route will be limited to three trips in th •norning at 7:30,8:30, 9:30 and three trips in the evening at 3:30,4:30 and 5:30. i. lie are adding to thle Fcir.-rounds route, gone to the CiVy limits instead of stopping at the Paeans Grocery Store. 4. On National Holidays, when business houses, industrial plants, public schools and the University are closed, we propose to also dive the entire city bus organization - the day off, in a-. P.:I.tion to the increased cost of operating a bus business, vie are also fat d with a decrease in number of riders on all routes, due partly to the great increase in the umber of automobiles on the streets and also to the absence of hundreds of young folks ecause of national defense. We are not asking for an inctese in -'are at this time, as has been done in maty., other cities. By eliminating a portion of the service on sorxc routes where there are „ractically no riders, ere are still ma'cing an effort to furnish rides at the same old rice. Trusting that the attached schedule will meet with your approval. Signed iI.17,Younhin Pres. Alderman I:incaid made a :notion thatthe request be approved, this motion vra seconded by Alderman Pratt and was passed unani_-:ously by the Council. �tldorman Pratt introduced an Ordinance entitled "ATT ORDID74NCE To nx.r,irD ORDI:TA!1C ,To. 7A9 of 1935 PMVIDiNG FOR ASSESSING ADD COLLECTING A LICENSE `r'Aa: FOR "_'HE PRIVILEGE OF 3P.7r=_t ING ?T?TIICLFS UPODT `_"_IJ STRrhTS AND � LEYS OF T E CITY OF FA iEVILLE,lJ.3Ki -'-SAS." The Ordinance was read in its entirety by the Clerk, Alderman l'iilli ams made a motion that all rules be suspended and the Ordinance passed, this motion was seconded by Alderman Kincaid, and on roll cal]. by the Clerk, the following vote'cras .recorded; Ayes: iu ge, T:cGoodwin, ':Jilliams,.Kincaid, Heflin and Kent,_ Nays: Richardson and Pratt, and the 11aSor declared the Ordinance had failed to pass, since it required the unanimous vote of th Council with one reading and slxspension of all the rules. Alderman Kent made a motion that the Ordinance be reconsidered and placed on its econd reading, this motion was seconded by Alderman VAi?_liams, and on roll tall by the 1erk, the following vote resilted; Ayes: Surge, McGoodwin, Williams, KIncaid, Heflin and ent, Drays: Richardson and Pratt, and the H ayor declared the motion passed. 54 he Clerk then read the Ordinance the secondctime and after discussioh, Alderman William wade a motion'•that the rules be .further susoended .and the Ordinance placed. or. its third d final reading, this motion was seconde.d by Alderman Kincaid, and -on roll call by the- lerR, the following vote resulted; Ayes: Burge, McGoodwi_n, Williams..' Kincaid, Heflin an. tent, Nays: Richardson and Pratt. And the Mayor declared the motion passed, as there were 3 Ayes and 2 Drays. - 4e Clerk_ then read the Ortinar_ce the third- and final time, " - The Di!ayor then put the question, "Shall the Ordinance pass"?, and on roll call by th lerk the following vote resulted; Ayes: Burge, I:icGoodwin, Williams, Kincaid, Keflin and tent, Nays: Richardson'and Pratt. And the Mayor declared the Ordinance passed, as there -iere 6 ayes and 2 nays..- Alderman%Williams made a motion.that the emergency clause be adopted, this moti n v:.. was seconded by Alderman Kincaid and on roll call by the Clerk, the'following vote was ecorded;'Ayes: Burge, I+IcGoodwin, Williams, Kincaid, Heflin and Kent. Kays: Richardson and Pratt. And the Mayor declared the emerr-ency clause adopted, as there were 6 ayes and 2 nays. COPY OF ORDINANCE NO, 990 AN ORDINANCE TO '.MEFID O?DIPTANCE N0. 789 OF 1935 PROVIDING FOR ASSESSING AND COL ECTING A LICENSE TAX FOR THE PRIVILEGE OP,OPERATING VEXICLES UPON THE ST RESTS AND ALLE_- I F TIE Crmy OF FAYETTEVILLE, ARKANSAS. SECTION 3. Ordinance No. 789 of 1935 is amended to read as follows: That the license tax assessed in Section 1 of this Ordinance is for a period of one year nly,said year beginning Janlyary 1st, and ending December 31st of each year, and is due and payable on or before February 28th of each year.,..excluding leap years when such tax shal e due and payable on or before February 29th. If a vehicle subject to the license tax a herein set forth is purchased or otherwise acquired after the 28th or 29th day of.Februa y, in any applicable year,the license tax thereon shall become due and payable within ten (LO) days from the date of purchase or acquirint, proof of said date shall be presented,to-th Collector by the apllicant for the license. It has'been found and declared by the City Council that great hardship now exi is throughout the City by reason of the limited time for the paying of city vehicle license taxes, and that'enactment of this Ordinance will provide for more efficient admi.nistrati n of the tax lasys. Therefore, an emergency is declared to exist, and this amendment being. necessary for the preservation of the public peace, health and safety, shall take effect and be in force and effect from and after its passge, arproval and publication. PASSED AND APPROVED this 29th day of January, 1951. a� /j Approve Attest: _Q////� �iJ,ic.e.C� :4Iay°r u l.ty l4l The City Attorney.presented the RESOLJTiiON, that the Council had instructed hip to prepare,. protesting the passge of Senate Bill No.68, Aldermgn.T.ScGoodwir_ made r i^nti�nl that the -Resolution be adopted, arid'.:that', .ai.eopy b.e-.mailed to the .Governor,Pres.; of Senate Speaker of theHouse;-Arke�Mun. Le; eague, the 2 County RepresentativState Senator andRassel Elrod, this mgt ion was seconded by Alderman'Richardson and was passed unanimously by the Council; �1RESOLUTION• 'v ) 0 EREAS, Senate Bill No.68 now pending in the 1951 Session of Arkansas State Legislature is a proposal to amend Section 5 of Act 215 of 1937, and lIiEREAS, Section 5 of Act 215 of 1937 now reads as follows: "The' -Commissioners hereinunder appointed shall have.full and complete authority to mana, operate, improve, extend and maintain the municipal cater works and distribution system and shall have full and complete charge of said plant, i.ncltiding the right to "employ or remove any and all assistants and employees of whatsoever nature, kind, or'character an to fix,regulate and pay salaries, it being the intention of this Act to v'est in paid Commissioners unlimited authority.to operate, manage, maintain, and.improve and extend municipally owned waterworks and distribution system and to have full and complete char, thereof; provided,said Commissioners shall not have 'authority or power to sell, mortgag or encumber said water works and distribution system unless the same be dine in accorda with the provisions of Act 131 of the Acts of 1933 as amended, or 1^✓hen authorized by th mandate of an election called for the purpose", and WHEREAS, said amendm�ent proposed in Senate Bill No.68 adds the following to Section 5: "Provided further that upon the _arbitrary.end capricious refusal of the Commi sioners to extend the distribution system and to supply water to property, which proper is situated within the city limits, after a demand.by the owners of said property, the erty owners shall have the right to petition the Circuit Judge of the Circuit in which Commissioners reside for a writ'of mandamus directed to the Commissioners,,to compel the Commissioners to extend the distribution system and to supply water to the property dem to be served." l`IHEREAS, the danger of this amendment is obvious since under its provisions a water utility would be required to increase their capital investment by expensive exten that are not compensated for by adequate service, and :?nereas, new business,. however desirable, should be based upon sound extensio: financing plans which will tend to invest public funds in real estate developments whi have good potentialities rather than investment of public funds in undeveloped non-reite: producing area, now, therefore, BE IT RESOLVED by the City Council of the City of Fayetteville, Arkansas, the for the reasons aforesaid the City.Council be recorded'as opposing amendment to Section 5 of Act 215 of 1937 as contained in Senate Bill No.68. ADOPTED TRIS 20th day of January, 1951. Attestitf_oma 1L��i Mayor y Clerk. 3 d ions i 855 Alderman Kent reported that the bills had been audited and signed and made a motion that they be allowed as approved,this motion was seconded by Alderman Richardson and was passe unanimously by the Council. Tout u Alderman Burge made a motion that any person,firm or corporation wanting to I p pclose a street or alley be required to put up a deposit of 20;00_ -to cover cost of public epl sit to ing- the'notice�- and.the Ordinance; -and any -.amount left after the expenses are paid, to be close returned to the property owner, This motion was seconded by Alderman Richardson, and was Street or passed unanimously by the Council. Alley. Alderman Williams, chairman of.the Water Committee presented a list of recommendations for the operation of Lake Fayetteville fishing season of 1951, and made a motion that they be adopted, this motion was seconded by Alderman Richardson,and was passed unanimously by the Council.. REGULATIONS AND PRICES TO BE CHARGED AT THE LAKE: 1. To open the Lake for fishing in the afternoons only, April 1. The fishing time to be extended to the full day depending on wether and number of customers. 2. To sell season's permit for the year 1951 covering from April 1 to November:; 1. Prices for $5.00 for fishing Fishing A5.00 for boating privileges Boating Daily Rates: 50¢ for fishing 50X for boating. 3. To request the Fish and Game Commission to make the Lake keeper a Deputy Game There being no further business, Alderman Kincaid moved to adjourn, seconded Alderman Kent, which was passed unanimously by the Council, and the Mayor declared the nail adjourned* Approved Attest : 4 ' ayor (71ty er c Fayetteville City Council met in regular session Monday, February 12, 1951• Present: Mayor Powell M.Rhea, City Clerk J.W.McGehee, City Attorney A.D.MeAllister, Jr. City Engineer John Mahaffey, Fire Chief Burl Skelton, and Aldermen; Richardagn, Burge, cGoodwin, Pratt, Williams, Kincaid, Heflin and Kent. Minutes of the regular meeting of January 29th; were read -and approved• The Engineer+s estimate N0.3.9Certificate No. 5 for furnishing , laying water mains and installing fire hydrants, valves, and fittings for FAYETTEVILLE SUBURBAN WATER DISTPICT N0.1, by McClelland Engineering & Construction Co. amounting to $4,929.70,Was presented;A -deiman McGoodwin made a motion that/the estimate be approved and a warrant issued to McClelland Construction & Eng. Co.for4,4;