HomeMy WebLinkAbout1952-07-07 Minutes449
SECTION 2. That Section 3 of Ordinance No.954 is hereby amended to read as follows:
"Section 3. All signs provided -for under Section 2 of Ordinance No.954 shall
e of metal construction or of approved -material of sufficient strength to insure the
afety of the public and the method of attachment of said sign, as well as the height
rom the sidewalk or street level, as the case -may be; it shall also be of construction
uch as to insure the safety of the public; that the City Engineer shall require the app
ant to Shaw the method of suspending or hanging of said sign, the height above the side
alk or street level and such'other information with reference to said sign as Is necess
y to determine that its installati6n will not endanger the public. In no event,however,
hall a permit be issued for any'sign having less than an eight"(8) foot, six (6) inch
learance above the sidewalk or street level as the case may be, nor shall a permit be
ssued for"any sign designed to project past the outside edge of the curbing and over
he street."
SECTION 3. Section 7 shall be added to Ordinance no.954 as follows%
"Section 7. That no signs shall be erected pursuant to the tpy?ns of this
rdinance on that property owned by the City of Fayetteville, lying between the outside
dge'of the sidewalk and the curb line except that this Vection shall not be construed
o as to prohibit the el ting of traffic control signs or directional signs erected by
hurch and/or eucational institutions.
PASSED and APPROVED this 23rd day of Hune, 1952.
Attest :
Tp discon- The request of the University City Transit Coto discdntinue night service
tinue night and service on Sundays, since such•sdrvice was not paying,was presented, and Alderman
and Sunday Williams made a motion that the request be approved,'this motion'was seconded by Alder -
service for an Pratt, and was passed unanimously by the Council.
bulges. There being no further business, Alderman Kent moved to adjourn, seconded by
lderman Keflin, which was passed unanimously by the Council, and he Mayor clared the
ouncil adjourned.
Approved ;
Attest: I'.4ayor.
Pty er
.ayetteville City Council met in regular session, Monday, July 7, 1952.
'resent: Mayor Powell M. -Rhea, City Clerk J.VI.McGehee, City Attorney A.D.IvloAllister, City
Engineer John Meltaffey, and Aldermen :Richardson, Burge$, Hunt, Pratt, W)lliams, McAllist
Heflin and Kent.'
11inutes of the regular meeting of June 23rd, were read and approved.
Petition containing the mames of 118 citizens and owners of business was presented,
P�tltion requesting that signs be erected at each end of the high -way 71 by-pass directing braff
to erect o the busihess district, Alderman Heflin made a motion that the petition be approved,an
si,nsto the Mayor be -authorized to write a letter to the State Highway Comission, enclosing the
dir,ct traf- etition, requesting permission to erect the signs, th'.s motioh was seconded by Alderman
fie through Pratt, and was passed unanimously by .the Council.
busi less Dist
Alderman Kent reported that the bills had been audited and signed, and made a mot
that they be allowed, as approved, this motion was seconded by Alderman Richardson, and
as passed unanimously by the Council.
"d0 PARKIP. Alderman Hunt made a motion that "NO PARKING" be established on the East side of
es"t Avenue from Sprmng Street to Prairie Street, this motion was seconded by Alderman
o- 3est viiiiams, and was passed unanimously by the Council.
Ave from
S ring to The Ordinance granting the Fayetteville Broadcasting Company the right, privilege
Pr irie and Franchise to construct a T.V.Antennae System, which had been left on its second readil
a the regular meeting of June 23rd,came up for discussion, and Alderman Williams made a
m tion that the Ordinance be placed on its third and final reading, this motion was recon
ed by Alderman McAllister-, which was passed unanimously by the Council.
The Ordinance vras then read by the Clerk the third and final time.
Tie Mayor then put the question "Shall the Ordinance pass?", and on roll call by the Cler]
tie following vote was recorded; Ayes: Richardson, Burge, Hunt, Pratt, 'Nilliams, MCAllist
E flin and Kent. Hays:None. And the Mayor dellared the Ordinance passed, asthere were 8 A;
d no Nays,
Alderman Williams -made a motion that the emergency clause be adopted, this motioi
was seond.ed by Alderman Pratt, and on roll call by the Clerk, the following vote was re -
c rded; Ayes: Richardson, Burge, Hunt, Pratt, Williams, McAlli§ter, Heflin and Kent.
ITgys:Norie. And the Mayor declared the emergency clause adopted, as hhere were 8 ayes, and
no nays.
(COPY. OF ORDINANCE ON NEXT PAGE )
'I s
COPY OF ORDINANCE N0.1028.
AN ORDINANCE OF THE CITY COUNCIL OF T13S CITY OF FAY-ETTEVILLE, COUNTY OF WASHINGTOTI,
.:TATE OF ARKANSAS, GRANTING TO FAYETTEVILLE BROADCASTING COMPANY, A CORPORATION, ITS
UCESSORSiLESSEES AND ASSIGNS, TRF RIGHT AND PRIVILEGE AND FRANCHISE TO USE AND OCCUPY
OR ITS TELEVISION SERVICE,THE STREBTS,AVENUES,ALLEYS, ROADS ARID'HIGHWAYS AND OTHER PUB-
IC PLACES OF THE CITY, FOR THE PURPOSE OF ERECT IDTG,CONSTRUCT ING,OWNING,LEASING,OR OT1ER-
*ISE ACQUIRING, MAINTAINING OR OPERATING TELEVISION LINE'S TO BE USED IN FURNISHING OR
SUPPLYING THE INHABITAPFTS OF SAID CITY OR ANY PERSON,FIRP,I OR CORPORATION WITHIN SAID CITY
ND TO OTHERS -BEYOND THE LIMITS OF SAID CITY, WITH TELEVISION SIGNALS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, WASHINGTON COUITTY,
?KANSAS:
Sectyion l.That Fayetteville Broadcasting Company, Inc.,its sucessors, lessees and
issignsbe_a_n=t is hereby srantdd the exclusive right and/or franchise to furnish
Arect wire reception of television programs to the citizens and.residemts of the City of
'ayetteville, Washington County, Arkansas, by the means of the establishment -of a master
mtennae, utilizing a master control unit and amplifier and relaying the television sig-
tals directly into the individual television reception:; sets for a period of twenty-five
25) years from the effective' date of this Ordinance, together with the right to erect
aid maintain such poles., wires, fixtures, etc.,along the streets, avenues.. alleys, roads
ind highways and other public places of the City as may be necessary and convenient for
.ts business, as a television signal furnisher in supplying the citizens in said city an
-he public in generals 'and to use -'and occupfor its television cables, the streets,alley
ys, ay.•ria.us
ivenues,high-ways, roads and other public places within said municipality for -the purpos
of erecting, constructing, laying, owning, leasing, or otherwise rep airing, maintaining
and operating such systems -all such right and use to be and to continue on the condition
and terms as* herein stated, and providing further that existing or hereafter erected
itility poles may be used with the permission of the pvmers thereof, and providing fur -
;her that the franchise holder shall run its cables undreground wherever:telephone,tele-
;raph, and /or light wires have been run underground.
Section 2. Said poles and wires shall be placed and maintained so as not to interfere
vith trave or use of such streets, avenue -s3 alleys, roadsp,highways or other public .places
)f said city and the said Fayetteville Broadcasting Company,"Inc., its successors, lesse s
and assigns, shall hold said city- free and harmless from damages arising from any abuse
>r negligence of said company; that said"poles and wires shall be placed so as not to"
Lnterfere with the aflow' of water in ably 'sewer, drain or gutter or with any gas 'or water
aipe lines, and this grant is made and is -to be" enjoyed subject to all such reasonable
^egulations and ordinances of a police nature as said city may authorize or may see proF�
�r from time to time to adopt, not destructive of the rights herein granted.
Section 3. That Fayetteville Broadcasting Company, Inc., its sucessors, lessees,. aid
assignsbe and it is hereby granted the authority, right and privilege, to set, control
and regulate the fees for such services'to the individual consumer and user during the
)eriod for in Section 1 of this Ordinance; subject"to the approval of the'City Council
and any and- all'other State and-/ or Federal regulations controlling same,or any and all
)thee regulatory bodies, if any. -Said fees'to be just and reasonable and not to exceed
?150.00 for the original installation to each individual consumer and user and not to ex-
�eed the sum of •$3.50 per month for the individual in a home and•not to exceed the sum
Df %,p10.00 per month for the individual user and consumer in a commereikl place of busi.
less. Said rates to apply for reception on one station and as new stations are available,
additional rates -shall be set by the franchise holder as are just and reasonable in orde�
to take" care of additional expense to the operating company, all -of which shall be subject
to the"approval of the City Council and any other regulatory bodies possessing supervisory
powers.
Section 4. That Fayetteville Broadcasting Company, Inc.,its sucessors, lessees
and assigns�e. and it is hereby granted an option to renew this exclusive right and/or
franchise at the end of the twenty-five (25) year period as referred to in Section 1 of
this Ordinance, the terms'of said'renewal'to be agreed "upon by the said Fayetteville
Broadcasting Company, Inc.,its successors, lessees' and assigns, and theyCityr..Cok.ncil of
the City of FayettevAlle, Washington'Count•y,'Arkansas, after notice in writing by the
franchise holder herein for thirty -(30) days, prior to the expiration of the right and /o
franchise.grant here, under Section 4, any right, privilege or franchise granted by virt{ae
of this Ordinance or by resolution adopted in connection herewith on the 7th day of July,
1952,shall become absolutely and entirely void unless Fayettevilee Bradcasting Comp any,
Inc.,or its successors,lessee's and assigns, shall commence bona fide construction within
twelve (12) months from the date of the adoption of this Ordinance and shall commence
service within eighteen (18) months from the date of the adoption of this Ordinance or
if at any if at any time service is -discontinued by the'said franchise holder for a period
of three (Z) months after service has been in operation.
Section 5.That no franchise, privilege and/or occupation tax shall be imposed
upon the aye eville Broadcasting Company, Inc., its successors, lessees, and assigns
within six and one-half (6'-) years next from the' date of passage of this Ordinance;that
prior to expiration of said' period of time the Fayetteville Broadcasting Company, Inc.,
its successors, lessees and assigns, agrees to negotiate with -the Fayetteville City Coun-
cil for any propsed levy of a franchise, privilege, or occupation tax for the privilege
of operating in the corporate limits of said City, pursuant to said franchise, it being irci:.1:
understood that no franchise;'privilege'or occupation tax shall'be levied against the
Fayetteville Broadcasting'Company, Inc.,its successors, lessees, and assigns in excess cf two
two(2) percent of the -gross receipt's derived from the operation of said community tele-
vision antennae system pursuant to said franchise agreement.
Section -6. That all ordinances and parts of ordinances in conflict herewith arc
hereby repea. e an this actionbeing necessary for the preservation of the public health
peace and prosperity, safety,' order, comfort and convenience of the City of Fayettevill ,
Washington County, Arkansas, and the inhabitants thereof, and an emergency "is hereby de-
clared do exist and this Ordinance small take effect and be in force from and after its
pas sage.
PASSED and A?PROVED this 7th day of July, 1952.
�ApprovedAt+qy4tj Clerk
nyor
4511
lderman Pratt introduced "APT ORSNANCE CHANGING THE NAIES OF CERTAIAT STREETS WITHIN THE
rporate limits of the City of Fayetteville, Arkansas".
The Ordinance was read in its entirety by the Clerk, and Alderman Richardson made
motion that the Ordinance be left on its first reading; this motion was seconded by
derman Kent, and was passed unanimously by the Council.
The Mayor reported that he had only received two bids to furnish two patrol car ,
being as follows:
T pur- fillips Motor Co. a Plymouth Sedans @ (4,550.00 less trade in on 2 cars y1,565.00 - 2,98 .
chpse 2
parol bshier-Bryan 2 Standard, 6 -Cylinder 4,616:00 less $1,624;00- 2,99 :
ca s. It 2 Eight Cylinder 43768.00 " " " " _ 12624.00 - 3014-.
Alderman Williams made a motion that the Mayor be authorized to accept the low
bid of Phillips Mptor Co. for 2 Plymouth Sedans , At the price of $p2,985.00, this motion
tias seconded by Alderman Richardson, and was passed unanimously by the Council
There being no further business, Alderman Heflin moved to adjourn, seconded
by Alderman Kent,'which was passed unanimously by the Council, and the Mayo declared the
Council adjourned.
Approved :
Attest: "qi' _ ayor
C ty Cleric
The Clerk then read the Ordinance the second time, and after discussion, Alder -
urge made a motion that the'rmles be further suspended and the Ordinance placed on its
bird and final reading; this motion was seconded by Alderman'Riphardson, and was passed
nanimously 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 Clerk;
he following vote -was recorded: Ayes': Richardson, Burge, Hunt., Pratt, Williams, McAllist(
eflin-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 notio
as seconded by Alderman Pratt, and on roll call by the Clerk, the following vote was re-
orded:Ayes: Richardson, Burge, Hunt, Pratt, Williams, McAllister, Heflin and Kent.
ays:None. And the P,Iayor declared the emergency clause adopted, as there were 8 ayes, and
o nays.
COPY OF ORDINANCE NO. 1629
AN ORDINANCE LEVYING T14E ASSESSMENT OF BENEFITS IN STREET IMPROVEMENT DISTRICT
59 OF THE CITY OF FAYETTEVILLE, WASHINGTON COUItilY, ARKAHSAS,PROVIDING FOR THE ANNUAL
VY OF ASSESSMENTS, AND THE COLLECTION THEREOF,AND FOR OTIER PURPOSES.
WHEREAS, more than two-thirds in value of the property holders owning property
djoi.ning the locality to be affected, and situated in Street Improvement District No. 59
f the City of Fayetteville, Arkansas, organized for the purpose of grading,draining,
raving, curbing and guttering North Street from the center line of Shady Avenue (extended
o the East line of North Walnut Avenue, have petitioned the City Council�of the City of
ayetteville, Arkansas for the construction of said improvement and that the cost thereof
?_all be assessed upon the real property of said district according to the benefits re-
eived; and
WHEREAS, said benefits received by each and every block,lot and pardel of real pro
rty situated in said district equals or exceeds the local assessment thereon; and
Vihereas, the estimated cost of said improvement to said district is $18,000,00 ;
N11OW ORDAIDED BY THE CITY COUI•ICIL OF THE CITY OF FAiETTFVILLE, ARKAFi7SA9: ' I I
ayetteville City Council met in regular session Monday.. July 21st, 1952.
resent: Mayor Powell M.Rhea, City Clerk J.W,L4cGehee,City Attorney A.D.McAllister, City
•ngineer John Mahaffey, City Auditor Harold Zick,, Fire Chief Burl Skelton,and Aldermen:
'chardson, Burge, Hunt, Pratt, V'lilliams, McAllister, Heflin and Kent.
he Minutes of the regular meeting of July7th were read and approved.
PoLTIOIQ
A petition signed by Jas.W.Holder and Gbrtrude'Holder was presented by their attorney
Jas.Holder
ete Estes,in which they claimed that Mr and 11rs.S.W.Allen have placed a sign in the
toIhave
Elley
between the Holder property and the Allen Property, and the pet1tioners ask that
sin
re- the
Council take such stepd as are necessary to effect the the opening of said alley and
he removal of said sign, after discussion , Alderman Hunt made a motion that the Mayor
mored
rite a letter to Mr and Mrs S.W.Allen asking them to remove the.sign,'this motion was
seconded
by Alderman Heflin, and was passed unanimously by the Council.
Alderman Pratt introduced !IAN::ORD?NANCE LEVYING THE ASSESSMENT OF BENEFITS
N STREET IP•+PROVEMENT DISTRICT NO. 59 OF THE CITY OF FAYETTEVILLE,WA:SHINGTON COTTI�ITY,
ffi{ANSAS,PROVIDING FOR THE ANNUAL LEVY OF ASSESSIVENTS,AND THE COLLECTION THEREOF,AND FOR
HER PURPOSES." '
The Orddinance was read in its entirety by the Clerk, Alderman Williams made a
otion that the rules be. suspended and the Ordinance placed on its second reading, this
motion
was seconded by Alderman Kent and was passed unanimously by the Council.
The Clerk then read the Ordinance the second time, and after discussion, Alder -
urge made a motion that the'rmles be further suspended and the Ordinance placed on its
bird and final reading; this motion was seconded by Alderman'Riphardson, and was passed
nanimously 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 Clerk;
he following vote -was recorded: Ayes': Richardson, Burge, Hunt., Pratt, Williams, McAllist(
eflin-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 notio
as seconded by Alderman Pratt, and on roll call by the Clerk, the following vote was re-
orded:Ayes: Richardson, Burge, Hunt, Pratt, Williams, McAllister, Heflin and Kent.
ays:None. And the P,Iayor declared the emergency clause adopted, as there were 8 ayes, and
o nays.
COPY OF ORDINANCE NO. 1629
AN ORDINANCE LEVYING T14E ASSESSMENT OF BENEFITS IN STREET IMPROVEMENT DISTRICT
59 OF THE CITY OF FAYETTEVILLE, WASHINGTON COUItilY, ARKAHSAS,PROVIDING FOR THE ANNUAL
VY OF ASSESSMENTS, AND THE COLLECTION THEREOF,AND FOR OTIER PURPOSES.
WHEREAS, more than two-thirds in value of the property holders owning property
djoi.ning the locality to be affected, and situated in Street Improvement District No. 59
f the City of Fayetteville, Arkansas, organized for the purpose of grading,draining,
raving, curbing and guttering North Street from the center line of Shady Avenue (extended
o the East line of North Walnut Avenue, have petitioned the City Council�of the City of
ayetteville, Arkansas for the construction of said improvement and that the cost thereof
?_all be assessed upon the real property of said district according to the benefits re-
eived; and
WHEREAS, said benefits received by each and every block,lot and pardel of real pro
rty situated in said district equals or exceeds the local assessment thereon; and
Vihereas, the estimated cost of said improvement to said district is $18,000,00 ;
N11OW ORDAIDED BY THE CITY COUI•ICIL OF THE CITY OF FAiETTFVILLE, ARKAFi7SA9: ' I I