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HomeMy WebLinkAbout1952-05-05 Minutes40 Fayetteville City Council met in regular session, Monday', May 5th, 1952. resent: Mayor Powell M.Rhea, City Clerk J.W.McGehee, City Attorney A.D'.McAllister, asst City Engineer Tom Everett, Fire Chief Burl Skelton, City Auditor Harold Zick, and 41dermen: ?Richardson, Burge,Hunt, Williams, McAllister, Heflin and Kent. Absent: Alderman Pratt. A Resolution to approve the estimate of the cost in Street Improvement District esolu- o. 58 by the Board of Improvement in said District together with the appointment of a tion oard of Assessors for said district was presented, Alderman Burge made a motid)n that the a point- lesoultion be adopted, this motion was seconded by Alderman :Richardson and was passed in animous y byn.the Council. 0 ville Hal _�(� /T A.P.Eason \vB�``'\ COPY OF RESOLUTION No.6-52 J.J.Pyeatt W NHE REASs the Boar o mprovemen o reet Improvement District No.58 of the City Bd of of Fayetteville, Arkansas, has filed its report, together with the estimate of crost of the Alsess- improvement contemplated in said local improvement district, and it appearing therefrom ors in hat the estimated cost of said improvement , exclusive of interest on borrowed money, Dist No. }s the sum of $21.,000.001 -being less than sixty per cent of the assessed value of real 58. roperty in the district as shoWh by the last County assessment and not in excess of the limit on cost as provided by said petition; IE IP NOW ,THEREFORE, BE IT RESOLVED by"the City Council of the City of Fayetteville, rkansas, that said report be and the same is hereby approved; and that the making of the ssessment for said improvement be undertaken; and that Orville J.Hall, A.P.Eason and J.stt .J.Pyeatt, each of whom is an elector of the City of Fayetteville, Arkansas be and they re hereby appointed as Assessors for said District to assess the benefits to be receive 7 each lot or block or other subdivision of lands, railroads and'right of way in said istrict by reason of the said proposed local improvement therein. Adopted this 5th day of May, 1952. A Attest �� Mayor (City Clerk ° st No.3 The Assistant City Engineer presented the Engineer's estimate no 3, for construd- ion under contract for concrete roof for reservoir No.21 Alderman, amounting to $4,749A4, ser- lderman Burge made a motion that the estimate be approved and a warrant be iss ued to it .V,Bird Comstructibn Co.for this amont,'this motion was seconded by Alderman Kent, and vas passed unanimously by the Council. Alderman Burge made a motion that the Mayor, City Clerk and City Engineer be ase authorized to sign a release of E.M.Murphy from any further liability on his contract to move, relocate, and repair two buildings in the City Housing Project, made necessary Murphy y the relocation of Highway 71 By-pass,after it has been determined by the City Engines hat the work has been satisfactorally completed, this motion was seconded by Alderman Williams, and was passed unanimously by the Council. The City'Attorney introduced "ADT ORDINANCE to make it illegal to hawk or cry area on the square, one block from the square or on* Dickson Street4from Arkansas Avenue o Block Street,after the Ordinance was read the first time, Alderman Williams made a otion to refer it to the Retail Merchants Committee of the Chamber of Commerce for ecommendation; this motion was seconded by Alderman Heflin and was passed unanimously y the Council. Alderman Kent reported that the bills had been audited and signed and made a .otion that they be allowed as approved, this motion was sedonded by Alderman Heflin, nd was passed unanimously by the Council. .y .cks Alderman Hunt made a motion that Strawberry trucks be"permitted to park on park west Center Street Between Church and Locust Streets without having to pay the meters .out during the Strawberry season, this motion was seconded by Alderman Kent, and was passed ing unanimously by the Council. il rs Alderman Burge .introduced "AN ORDINANCE RGIiLATIIJG P.ND• FIXING FARES OR TARIFFS TO BE CHARGED BY UNIVERSITY CITY TRANSIT COMPANY, INC., A PUBLIC CARRIER OF PASSENGERS IN T CITY OF FAYETTEVILLE, ARKANSAS, AND WITHIN A FIVE (5) MILE RADIUS BEYOND THE CORPORATE LIMITS, PRESCRIBING PENALTIES, AND FOR OTHER PURPOSES,". The Ordinance was read in its entirety by the Clerk, Alderman Burge made a moti n that the rules be suspended and. the Ordinance placed on its second reading; this motion vas seconded by Alderman Richardson, and was passed unanimously by the Council. The Clerk then read the Ordinance the second time, and after discussion,Alder- man Williams made a motion that the rules be further suspended and the Ordinance placed n its third and final reading, this motion was seconded by Alderman Richardson, and was passed unanimously by the Council. The Clerk then read the Ordinance the third and final time. Phe Mayor then put the question " Shall the Ordinance pass?", and on roll call by the Clerk, the following vote ivas recorded; Ayes:Richardson,'Burge, Hunt, Williams, IJIcAllister, Heflin and Kent. Nays*None. Absent and not voting; Pratt. And the Mayor declared the Or,.inance passed, asthere viere 7 Ayes, and no Nays. (Continued on page 441) Alderman Hunt made a motion that the Mayor and City Clerk be authorized to execu 'o exchanke ,eds, a deed to P.H.Burnett for a part of Lot 12, Block 29,Original Town of th City of Fayette with ville in exchange for a deed from P.H.Burnett for -a part of the same lot, said exchange being necessary so that a standard width of sidewalk may be placed at the Northwest corn .H* ^nett of Rock Street and College Avenue in side the limits of the right-of-way that was origin obtained by reason of the project, this motion was secomded by Alderman Williams, and wa unanimously by the Council.' )assed The Assistant City"Engineer presented the applicationr-dfrCy Carney for a buildi Permit on South 71, Highway, Alderman Williams made a motion that the rec,est be granted 1 d Building Permit No.704 be issued to Cy Carney, this motion was seconded by Alderman Heflin and was passed unanimously by the Council. st No.3 The Assistant City Engineer presented the Engineer's estimate no 3, for construd- ion under contract for concrete roof for reservoir No.21 Alderman, amounting to $4,749A4, ser- lderman Burge made a motion that the estimate be approved and a warrant be iss ued to it .V,Bird Comstructibn Co.for this amont,'this motion was seconded by Alderman Kent, and vas passed unanimously by the Council. Alderman Burge made a motion that the Mayor, City Clerk and City Engineer be ase authorized to sign a release of E.M.Murphy from any further liability on his contract to move, relocate, and repair two buildings in the City Housing Project, made necessary Murphy y the relocation of Highway 71 By-pass,after it has been determined by the City Engines hat the work has been satisfactorally completed, this motion was seconded by Alderman Williams, and was passed unanimously by the Council. The City'Attorney introduced "ADT ORDINANCE to make it illegal to hawk or cry area on the square, one block from the square or on* Dickson Street4from Arkansas Avenue o Block Street,after the Ordinance was read the first time, Alderman Williams made a otion to refer it to the Retail Merchants Committee of the Chamber of Commerce for ecommendation; this motion was seconded by Alderman Heflin and was passed unanimously y the Council. Alderman Kent reported that the bills had been audited and signed and made a .otion that they be allowed as approved, this motion was sedonded by Alderman Heflin, nd was passed unanimously by the Council. .y .cks Alderman Hunt made a motion that Strawberry trucks be"permitted to park on park west Center Street Between Church and Locust Streets without having to pay the meters .out during the Strawberry season, this motion was seconded by Alderman Kent, and was passed ing unanimously by the Council. il rs Alderman Burge .introduced "AN ORDINANCE RGIiLATIIJG P.ND• FIXING FARES OR TARIFFS TO BE CHARGED BY UNIVERSITY CITY TRANSIT COMPANY, INC., A PUBLIC CARRIER OF PASSENGERS IN T CITY OF FAYETTEVILLE, ARKANSAS, AND WITHIN A FIVE (5) MILE RADIUS BEYOND THE CORPORATE LIMITS, PRESCRIBING PENALTIES, AND FOR OTHER PURPOSES,". The Ordinance was read in its entirety by the Clerk, Alderman Burge made a moti n that the rules be suspended and. the Ordinance placed on its second reading; this motion vas seconded by Alderman Richardson, and was passed unanimously by the Council. The Clerk then read the Ordinance the second time, and after discussion,Alder- man Williams made a motion that the rules be further suspended and the Ordinance placed n its third and final reading, this motion was seconded by Alderman Richardson, and was passed unanimously by the Council. The Clerk then read the Ordinance the third and final time. Phe Mayor then put the question " Shall the Ordinance pass?", and on roll call by the Clerk, the following vote ivas recorded; Ayes:Richardson,'Burge, Hunt, Williams, IJIcAllister, Heflin and Kent. Nays*None. Absent and not voting; Pratt. And the Mayor declared the Or,.inance passed, asthere viere 7 Ayes, and no Nays. (Continued on page 441) 4 41. !Aderman Heflin made a motion that the emergency clause be adopted, this motion was sec- ¢nded by Alderman Richardson, and on roll call by the Clerk; the following vote was re-' corded: Ayes: Richardson, BuWilliams -3 Hunt, William, McAllister, Heflin and Kent. Nays:Mone, Absent and not Voting:Pratt. And the Mayor declared the emergency clause adopted, as ther were 7 Ayes, and no nays. Copy of Ordinance No.1022 AN ORDINANCE REGULATING AND FIXING FARES OR TARIFFS TO BE CHARGED BY UNIVERSITY ITY TRANSIT COMPANY, INC., A PUBLIC CARRIER OF PASSENGERS IN TIE CITY OF FAYETTEV@LLE, RKANSAS,AND WITHIN A FIVE (5) I01ILE RADIUS BEYOND THE CORPORATE LIIJITS3 PRESCRIBING PENAL'=I IES, AMID FOR OTHER PURPOSES. �\ ..HEREAS, the University" City Transit Company; Inc.,is the only bus company engaged in the transportation of passengers in the City of Fayetteville,Arkansas and with - n a five (5) mile radius beyond the c6rporatre limits of said City. WHEREAS, increased costs of operation of bus lines in the City of Fayetteville 4rka^sas, as compared to rider volume, has not given the owners of the University City ransit Company, Inc.,a fair retuun on their investment. WHEREAS, the City -Council of the City of Fayettevolle,Arkansas, has made a careful study of rates and fares to be charged by bus lines in the City of Fayetteville, rkahsas, and finds that the rates and tariffs hereafter set forth will give the public reasonable fares with a fair return to the bus line owners, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OID THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION I. That the following schedule of bus fares in the City of Fayetteville Arkansas, and within a five (5) mile radius beyond the corporate limits of said City are ereby fixed as follows: Adult fare, fifteen cents (15�), with reduction of fare to 121 per ride for hose wishing to purchase tickets giving them twelve rides for $1.50, if used within thir y ays from date of purchase. Fare for children under twelve years of age ten cents (10�), or twelve rides or $1.00, if they purchase 30 -day tickets. Highschool students shall ride for the same fare as children under 12 years of ge between the hours of 7:00 A.M.and 5:00 P.I,4. monday through Friday during the school ear. - Riders above the age of 12 in the zone between Purdyls P+iarket and the town of reenland on Highway 71 South shall be charged 15�; which will be in addition to the 15 - cent fare charged for rides between Purdy's Store and sections of the City of Fayettevilli. Children under twelve years of age riding in the Greenland zone shall be charged len cents, but shall be charged an extra fare when riding into or out of the City zone, Phis same rule applying to High School Students only on school days between the hours 7:0 A.IvI. and 5:00 P.Pd. No charge shall be made for transfers, although the University City Transit lompany, _Inc., is hereby granted the right to refuse them in cases where riders may be �erveq by more"direct routes, or where two seperate routes cover approximately the some territory for a considerable portion of their length. SECTION 2. The above -fares shall be for one-way trips, Round trip fares shall b double the amount of one-way fares. No fare books or"tickets shall'be sold at reduced rates; rxcept Fro-yided-in Section -One (1) above; -and if any unused book or tickets are outstanding aty f ?l.5rdinance becomes effective, they shall not entitle the holder to assagein any bus, but shall be redeemed by the issuing company for the unused portion t the single fare rate. SECTION 3. The above schedule of fares shall become effective at 6:30 OtClock .M., Saturday, I:4ay 1021952. SECTION 4.Any person, firm or corporation violating the terms of any section or art of section of this Ordinance shall be deemed guilty of a misdemeanor and upon con- iction there&£ shall be fined in any sum not less than ten dollars ($$10.00) nor more than no hundred dollars ($100900) and each violation shall be deemed a separate offense. SECTION 5. If any person,firm or corporation now operating under a certificate r under Grandfather Rights in lieu of a certificate, issued or waived by the City of ayetteville, Arkansas, as the case may be,shall knowingly permit any employee to violate -he terms of" this Ordinance;" such -operator shall be guilty of a misdemeanor and shall, he unished by a -fine of not less than fifty dollars ($50.00) nor more than five hundred ollars ($$500.00);'and each violation of an employee of which the employer knows shall b seperate offense; and in addition thereto the City Council of the City of Fayettevile, Arkansas, may revoke the permit under which such passenger carrier id operhting and may bake such steps as necessary to prohibit further operations. SECTION 6. All Ordinances or parts, of Ordinances in conflict herewith are here y epealed; and it appearing that fixing of fares is immediately required,an emergencty is erobv declared to exist and this Ordinance shall be in full force and effect from and after its passage and approval. PASSED and APPROVED this 5th day of May, 1952. proved Attest : Cle Mayor Ci Clerk Ip I& 42 tter D1r.J6hn P.Teas presented a letter he had received from Olen Fullerton,Highway Director of om the State which stated that 11 This Department and the Bureau of Public Roads are very muc. ghway of the opinion that Church"Street is on too steep a grade to be carried across the new pt Fighivay 71-62 route and that furnishing pedestrian facilities for school children is enti y adequate. We are further of the opinion that traffic should not be halted on this roa with a light since it was laid out from an engineering viewpoint of laying out a uniform rade from the coubthouse to the junction of 62 and 71 in South Fayetteville.This uniform rade was laid to funnish as efficient truck operations as could be established, and it w would defeat the purpose to force traffic to stop, at lights." This department has proposed two blocks of paving which would make a safe cross 'ng on the new highway and would make interch e with all the North-South streets in Fay- $teville,�We are genuinely opposed to carryi g the graded streets across this hJxghwa�r ecause, in our opinion, cars could no# be controlled and would creep or run in front of he heavy highway traffic, The proposal made by'"this department.will handle traffic with minimum of inconvenience and with a maximum of safety." The Mayor stated that the Council had not given up the idea of placing signal lights.City Attorney MaCallister said he would check the law to see if the City has juris I iction in placing lights if they are considered essential to the public welfare in the C The Mayor stated that he would be out' of town for 2 weeks or more, Alderman YL derman made a motion that Alderman Williams serve as Mayor -pro -tem durpng the absence of the M lliams this motioh was seconded by Alderman Richardson, and was passed unanimoysly by the Coun yor- o-tem There being no further business, Alderman Williams made a motion to adjourn, jith-ithe hgxtlregular meeting to be May 26th, this motion was seconddd by Alderman Hefl d was passed unaimou`sly by the Council, and the Mayor declared the Council adjourned, Approved / Attest: ayor y Clerk — I ayetteville City Council not in regular session, Monday, May 26th, 1952. ert: Mayor Powell M.Rhea,City Clerk J.W.McGehee, City Attorney A.D.MeAllistdr,City neer John Mehaffey,Fire Chief Burl'Skelton,"City Auditor Harold Zick and Aldermen: ardson, Hunt, Williams, McAllister, Heflin and Kent.Absent: Aldermen:•Burge and Prat The City Attorney intr6duced a RESOLUTION authorising the City Clerk to publish a vo- ice to fix the date for a hearing on a petition to close a North; -South alley in Gunter ddition between Johhson and Rebecca Streets, Alderman Kent made a motion that the Reso- ution be adopted, this motion was seconded by Alderman Richardson, which was passed unai mously by the Council. ;rte COPY OF RESOLUTION. Noe -52 111HEREAS3 a petition signed by the property owners abutting on an alleyway twenty eet in width extending from Johnson Street on the South to Rebecca Street on the North, hich alley seperates Block No.22 from Blocks 23 and 24 in Gunter Addition to the City f Fayetteville, Arkansas, Was filed with the City"Caurcil of Fayetteville, Arkansas, on he 15th day of May, 19520 asking that said alleyway be vacated. NOV'/,TRETE, be it resolved by the City Council of the City of Fayetteville,Arkans; hat the 9th day of June, 1952s be designated as the day for the hearing of said petition n&that the City Clerk be, and he is hereby authorized and directed to give notice of uch meeting by publication of said notice once a week for two (2) consecutive weeks in he NORIHIVEST ARKANSAS TIIrIES. PASSED and APPROVED this 26th day of May, 1952. Approved Attest /' Mayor ajry Clerk The City At�orney presented the request of Jas.A.Holder for a building permit on North - College Avenue, Alderman Richardson made a motion that the reqest be approved and Bldg. permit No.719 be issued to Jas.A.Rolder, this motion was seconded by Alderman Kent and w passed unanimously by the Council. EV.Bird t The City Engineer reported that E.V.Bird Construction Co.had submitted a bid rplace of 01,262.73 for replacing Beams at the Mt.Sequoyah Filter Plant,and stated that the b ams at only recon they were able to make this low price was that their equipment was already Filter up there, Alderman Williams made a motion that the City Engineer be authorized to exter. Plant the contract of E.V.Bird Construction Co. to include replacing the beams at the price quoted, this motion was seconded by Alderman*Richardson and was passed unanimously by the Coumcil. ty. s , ion The City Engineer presented the application of the Shelley Oil Co. for a bldg pe mit at the corner of Government Avenue and 62 Highway, Alderman .Richardson made a motion that the permit, be approved and Permit No. 726 be issued to the Skelley Oil Co., this motion was seconded by Alderman Williams,and was.passed unanimously by the Council. the City Engineer reported that Sam Mitchell had completed the contract of Rill fo outside painting of Ahe Cit Hospital and the Nurses' Home, Alderman Richardson made a r ihtilng that the bill amounting to 12,737.00 be approved and a warrant issued to Sam Mithhell capital for $2.737.00, this,motion was seconded by Alderman Kent, and was passed unanimously by N.Home the Council. 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 Richardsor. Which was passed unanimously bytthe Council. The City Engineer presented Engineer Is'Estdmate no.l, for ROCKWOOD TRAIL and ROGERS AVENUE SEWER EXTENSION, amounting to $4, 247.44,Alderman Williams made a mojsiorn r�slewer hat the bill be approved_and a warrant issued to H.L.Pelton for the amount of yyth 247.44, ension his motion was seconded by Alderman Hunt, and was passed unanimously by the Council. EV.Bird t The City Engineer reported that E.V.Bird Construction Co.had submitted a bid rplace of 01,262.73 for replacing Beams at the Mt.Sequoyah Filter Plant,and stated that the b ams at only recon they were able to make this low price was that their equipment was already Filter up there, Alderman Williams made a motion that the City Engineer be authorized to exter. Plant the contract of E.V.Bird Construction Co. to include replacing the beams at the price quoted, this motion was seconded by Alderman*Richardson and was passed unanimously by the Coumcil. ty. s , ion