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Home My WebLink About1951-05-07 Minutesr- , o Fayetteville City Council met in regular session, Monday, May 7th, 1951. Present:Mayor Powell M.Rhea, City Clerk J.W:MoGehee; City Attorney A.D.McAllister,Jr y �%f City Enginer John Mahaffey, City Sanitarian-'Jas.Coe. Fire Chief Burl Skelton,."an Aide en; urge, McGoodwinsWilliamsp Kincaid, Heflin and Kent. Absent: Aldermen Richardson and Pratt. Mr.J.R.Bissett appeared before the Council with the following proposal: I propose to furnish'complete•plans$-speaifications and general supervision of Proposal construction for the water tanks on Mt.Sequoyah at the following prices: Of J.R.Bissett Plans and specifications; payable"on acceptance pf plans $500.00 Supervi#>i.on of construction of -'each half'of the total roof 250.00 (Each half) Total ... ... .... .. e1,00e.00 -I do' not propose to"furnish detail- inApection of construction as I feel that the City has a staff better qualified for this work than any that I could Obtain. Respectfully submitted, " J.R.Bissett, Professional Engineers Alderman Williams made a motion that the proposal of Mr.Bissett be'accepted, this motion was seconded by Alderman Kincaid and was passed unanimously by the Councils Appraisal Alderman Burge made a motion that D.J:Collins, E.M.Murphy and Geo. Caudle be" committee authorized to mak a"new appraisal on -any property on the Right-of-way for Highway No.71 tol make a which has been ma ially affected or changed by the drawing of a new Right-of-way map i new ap.pras-with regard to the original plat which those "men- used- in- making their original estimates• el,. on part This motion was seconded by Alderman -Kent -and was -passed unanimously by the Council. of property Alderman Burga made a motion to accept the offer of Mrs Clara Powers to sell that Clara Portion of her property taken by the proposed Right=of=way of'Highway No.71 Fayetteville Powers Bypass State Highway Department -Job N6.9211 which property is designated on a map prepared 'x3,600 - by State -Highway Department as Tract No- for the -sum of ,#3,600.00 and all of Cal Collins and Thede Colins property, consisting of Tract No.23 and Cal Collin art of Lot No.l; Block 42,in-the-.Original*-T own_ -of Fayetteville, for the sum of $14;000.00, X14,000 his motion was.sdconded by Alderman Kent and was passed unanimously by the Council• The City Engineer presented a statement'from Dr.Harrison Hale for his expenses to Hot Springs to a"convention , amounting to $$21.91, Alderman Kincaid made a motion that the I be allowed, this motion was seconded by Alderman Kent and was passed unanimously by the Council. Alderman Kent reported -that the Bills had peen audited and signed, and made a motion gthat the bills"be allowed as approved;'this motion was seconded by Alderman Kin- caid and was passed unanimously by the Council. Cit# Attorney'McAllister introduced a RESOLUTION to'refund thelamo�ghtpaids by the Fayetteville School District No.l for"2 building permits, Alderman Williams made motion'to adopt the resolution thl.s motion was seconded by Alderman Kent which was passed unanimously by the Council. COPY OF RESOLUTION. 1� I WHEREAS, Section 19-4409 of Arkansas -Statutes authorizes Cities of First Class to annually grant financial aid to any public school"district-in which said'city is located, for the purpose of paying the operating expensesxof-said sbhool'distriet, and- -.Whereas, financiii�did paid to such school'maybe paid out -of any funds received by said city'provided that such payments are not made from the regular city taxes, collects) by said city, and' Whereas, on May 1o,1950, the City"of-Fayetteville issued building permits #153 for .construction of improvements -to Leverette School in Fayetteville School District No 1, at I total cost of $$148.00 to-said'District, and I Whereas, on July 10,1950; the City of Fayetteville -issued Building Permit No.213 for construcbion of improvements"to West Side School in Fayetteville School District No.l at a total cost of X149.25 to said District, NOW,THEREFORE BE IT RES(DLVED: That the City of Fayetteville shall within five (5) days following the adoption of'this resolution;"pay'the sum of $p297.25 in cash to Fayettei Ville School District No.l,said sum to be paid -out of the City General Fund for reimburse ment of expenses incurred by said"District in'acquiring the above described Building Permits. PASSED and APPROVED this 7th day of'May,'1951. ..' Approved u� Attest�Ult: Mayor y Clerk - Firemen I Alderman Williams made a motion that the Fire Chief, one driver and 2 volunteer Firemen to be authorized to attend the Firemen1s Convention to be held at Texarkana, June 6,7and 8t14, attend This motion was seconded b Alderman McGoodwin and was y passed unanimously by the Council. Convention I o_f��Kd�r p� Alderman McGoodwin)ht at a warrant be drawno pay the dues for 38 fireman to the State Firemen's Association, this motion was seconded by Alderman Williams and was passed unanimously by the Council. Alderman McGoodwin made a motion that the -City Attorney be instructed to write Notice'to Mrs C.B.Paddock a Ten'.day notice that if construbtion cost of the sidewalk along the Mrs C.B. South side of Lot 13, Block 28, Original -Town of Fatetteville is not paid within the Paddock iO day limit that proceedings will be stabted-to foreclose on the property,this motion was seconded by Alderman Heflin and was passed unanimously by the Council. Fire Chief -reported three"building that were FIRE HAZA-RDS at the following locations: remofireVe" 4052 West Dickson, 120 South School and 1412 South School; and recommended that these hazards be disposed of,after discussion, Alderman McGooftin made a motion -that -the City Attorney hazards Mayor and City Health Officer be authorized to take""whatever 'steps necessary to have these hazards removed, this motion was seconded by Alderman Williams and was passed unanimosly by I the Council. ..Price The Mayor presented the Statement of Price Dickson for his services skirni filing Dickson t50 00 fees condemnation suits against all the property owners of the property to be 1 e for tuhe I of Fayetteville By-pass right-of-way of Highway No.71, amounting t0 , an I a fee of tio.00 for attending a hearing to have the P.H.Burnett sale approved, Alderman McGoodwin made a motion that the fees of $160.00 be allowbd, this motion was seconded by :..lAlderman Bur a which was passed unaimously by the Council. 37 4derman Burge introduced an Ordinance, entitled" AN ORDINANCE WHEREBY THE CITY OF FAY- ETTEVILLE OF THE STATE OF ARKANSAS AND THE SOUTHWESTERN BELL TELEPHONE COMPANY, A MISSOU CORPORATION, AGREE THAT THE TELEPHONE COMPANY SHALL CONTINUE TO' OPERATE ITS TELEPHONE nese SYSTEM AND ALL BUSINESS'INCIDE AL TO OR CONNEUED WITH THE CONDUCTING OF A TELEPHONE BU AND SYSTEM IN SAID CITY, AND-EAND MAINTAIIIN ITS PLANT CONSTRUCTION AND APPURTENANCES ALONG,AC'ROSS,ON,OVER,THROUGH,ABOVE,AND UNDER ALL PUBLIC STREEPS,AVENUES,ALLEYS,PUBLIC GROUNDS AND PLACES IN SAID CITY, THAT THE CITY SHALL RECEIVE AN ANNUAL PAYMENT FROM TIE COriIPANY, AND REPEALING ALL ORDINANCES AND AGREEMENTS IN CONFLICT HEREWITH." The Ordinance was read in its entirety by Alderman Burge,Alderman McGoodwin mad motion that the rules be suspended and the Ordinance placed on its second reading, thi tion was seconded by Alderman Kent and was passed unanimously by the Council. The Ordinance -was read the second time by Alderman Burge,after discuss1on, Alde n McGoodwin"made a motion that the rules be further suspended and the Ordinance placed its third and final reading, this motion was seconded by Alderman Kincaid and was pas animously by the -Council;""' Alderman Burge then read the Ordinance the third and final time. e Mayor then'put the questlbn-"Sliall the Ordinance •pass"?,, and on roll call by the Cler e followdmg-vote was -'recorded; Ayese'Burge,-McGoodwin, Williams, Kincaid, Heflin and nt.-Nays:'None, Absent -and riot• voting:-Richardson*and Prat#. And the Mayor declar6d the dinance passed, as there were 6 Ayes, and no Nays. COPY OF ORDINANCE N0.999. AN ORDINANCE WHEREBY THE CITY OF FAYETTEVILLE OF THE STATE OF ARKANSAS AND THE UTHWESTERN BELL TELEPHONE COMPANY, A MISSOURI COTtPORATION AGREE THAT THE TELEPHONE CO ALL CONTINUE TO OPERATE ITS TELEPHONE SYSTEM AND ALL BUSIfiSS INCIDENTAL TO OR CONNEC' TH THE CONDUCTING OF A TELEPHONE BUSINESS and system in said city, AND ERECT AND MAIN S PLANT CONSTRUCTION AND APPURTENANCES ALONG, ACROSS, ON, OVER, THROUGH ABOVE, AND UNDER BLIC STREETS, AVENUES ,ALLEYS2PUBLIC GROUNDS AND PLACES IN SAID CITY, THAT THE CITY SH CEIVE AN ANNUAL PAYMENT FROM THE TELEPHONE COMPANY, AND REPEALING ALL ORDINANCES AND REEMENTS IN CONFLICT HEREWITH: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE OF THE STATE OF RKANSAS" THAT SECTION I. The Southwestern Bell Telephone Company, its successors and assigns - herein referred to'as "Telephone Company") shall continue to operate its telephone syste nd all business"incidental"to or connected with the""conducting of a telephone business nd system in the -City of Fayetteville, -State of Arkansas, (herin referred to as "City")* he plant construction and appurtenances used in or incident to the giving of a telephone ervice and to the maintemance of a telephone -business and system by 'the Telephone Com - any in "said: -City -'shall remain as -now constructed; subject to such changes as may be onsidered necessary by the City in the exercise of its inherent powers and by the'. elephone Company in -the conduct'of"its business, and' said Telephone Company shall con- inue""to exercise its right to"placer remove, construct and reconstruct, extend and airitain its said plant and -appurtenances -as the business and purposes for which it s or maybe' incorporated -may from time to time'require',along, across,on, over, hrodgh, above -and under all the -public streets, avenues, alleys, and the public rounds and places within the limits of said City as the same from time to time may e established. SECTION 2: The Telephone "Company shall pay the City the sum of $3,300.00 on the 1 ay bf July, 1951; for the period-July1;1951, to June"30,1952, inclusive, and a like sum nnually, thereafter for alike'period on the"lst day of July,1952 and -1953, being a arm of -3 years ending Jdne-30, 1954; --said payments to be in lieu of all other licenses, harges, fees or impositions(other than the usual general. -or" special ad valorem taxes) hich might be imposed by the City under authority conferred by law, the Telephone Com - any shall have the privilege of crediting such sums with any unpaid balance due said ompany for Telephone Service rendered or facilities furnished to said City. SECTION 3. The telephone Company on the request of any person shall remove or e aise or lower its wires temporarily to permit the moving of houses or other structures. - he expense of such temporary removal,'raising or lowering of wires shall be paid by the arty or -parties requesting the same; and the Telephone Company may require such payment n advance. The Telephone Company shall be - given not less than forty-eight hours advance otice to arran7&'for -such temporary wire changes. SECTION44;Permission is -hereby granted to the Telephone Company to trim trees upo and over anFi— ging streets,'alleys, sidewalks and public places of said City so as to prevent the branches of such trees' -from doming -in contact with the wires and cables of the Telephone Company,. all the said trimming to be' done under the supervicion d direction of any City official to whom said dutites have been or may be delegated, SECTION 5. Nothing in this Ordinance contained shall be construed to require or permit any—Tctruc light or power vire attachments by the City or for the City. If light or power wire attachments are desired by the City or for the City, then a I eparate non -contingent agreement shall be a prerequisite to such attachments. SECTION 6. Nothing herein contained shall be conbtrued as giving to the Telephone Company any exclusive privileges; nor shall it affect any prior or existing rights I f the TelephoneCompany to maintain a telephone system within the City. SECTION 7. All-otler ordinances-'an3 agreements -and parts of ordinances and agree Tents relating E`othe'op6rating of or rightFto operate a telephone system within said City are hereby repealed. SECTION Be The said Telephone Company shall -have sixty(60') days from and after is passage and proval to --file its written acceptance of this ordinance with the ity Clerk, and upon acceptance being filed, thAs ordinance shall be considered as taking ffect and being in force from and after the date of its pass and a •val by the Mayor. Attest : Approved City er c Mayor as.Coe alderman Kincaid made a motion that Jas.Coe be allowed $25.00 per month car Allowance, 5.00 .'"this motion was seconded by Alderman Burgevand was passed-unanimol}sly by the Council. mallow- - nce. Alderman McGoodwin made a motion that the Council vigorously oppose granting a license for any package liquor -stores outside the business -area on account of difficulty uorof supervision, this motion was seconded by Alderman Williams and was passed unanimously ense by the Council. • - ide I There being no further business, Alderman Williams moved to adjourn, subject tc .Area eall,this motion was seconded by Alderman McGoodwin and was passed unanimously by the Council, and the Mayor declared the Council adjouBned subject to CALL* Approved : Attest : o ayor y er Fayetteville City Council -met -man called session, Monday,, May 14$ 1951. resent: Mayor""Powell M.`Rliea, City Clerk J.W:MoGghee, City Attorney A.D.McAllister, and ldermen; Richard§on,•Burge, McGoodwin,Williams, Heflin and Kent. Absent Aldermen: ratt •and Kincaid. The Mayor stated-t4iat the meeting had been called for the purpose of considers he proposal of several property owners to sell -their property to the City for the propos ight-of-way of Highway No.71 Fayetteville By-pass. Alderman McGoodwin made s motion to:.aceept the -offers to sell'to the City of ayetteville that portion -of their property taken by the proposed Right-of-way of Highwa3 6.71 Fayetteville By=para STATE HIGHWAY DEPARTMENT Job No.9211, which property is desig- ated on a map prepared bar the State Highway Department by TRACT NUMBERS as follows: TRACT NO. OWNER PRICE 1! /E _..._...a 4vua� C3�ue,nJ� 2. C.W.Babcock 5-r00G"80 3. Ashley Clark 8,500;00 4. Geo.P Hawkins 2,200.00 5. Louise Huey 500.00 7. Mrs.L.B.Hazlett 500.00 BA. Harry P.Brown 32500.00 16. Leroy Phelan 500.00' 23A Margaret Page 40000.00 Russell B.Moore 250.00 - Jerry -Royce Pitzer 150;00.. Ind all of the property belonging to the -following TRACT Numbers and parts of Lots adjo Said tract numbers belonging to the following property owners: 6, C.L.Smith 52500.00 8. John G.Whitaker 4,500.00 (Keeps house) 10A B.B.Bronson 40000.00 11A Roy Broyles 52000.00 12 Emma Tackett 4$00.00 15 E.J.Harvey 17 Lula Drain 18 Paul Hanna Chis motion was seconded by Alderman Williams, 6,250.00 4,500.00 5,000.00. and was passed unanimously by the Council Alderman Burge made a motion that -the application of Leon Shoe Store for a building permit to"remodel-the two story brick building at 15 West Mountain Street on part of Lot 3, Block 30,"Ormginal Town of Fayettevillessaid application bev'Vumber 4532 and having the approval of -the City Engineer, be approved by the Counoil; this motion seconded -by Alddrman McGoodwin and was passed unanimously by the Council. There being no further business; Alderman Willams moved to adjourn, seconded Alderman Kent, which was passed unanimously by the Council, and the Mayor declared the Council adjourned. Approved :ooet 22L Attestayor. ' y r