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HomeMy WebLinkAbout1953-03-09 Minutesis 49 he City Engineer presented the applicatuon of Chas".L.Sweetner for a building permit at 316 South School to take the place of TEMPORARY PERMIT No.911, which had been authorizes, anuary 26th,1953, sincel.he had decided to construct a perman'ant building that will comp: ith the zoning regulations, Alderman Burge made a motion that Building Permit No.957 be slued to Chas.L.Swedtner, chis motion was seconded by Alderman"Richardson, and was passil nanimously by the Council. There being no further business, Alderman Williams moved to adjourn, seconded by rman McAllister, which was passed unanimously by the Cocil, and the Mayor declare Council adjourned. Approve Attest C : ..Q{�ler��e, Mayor y C er c aye tteville City Council met in regular session Monday, March 9th, 1953. Present: Mayor Powell M.Rhea, City Clerk J.Wl" McGehee, City Attorney A.D.McAllister, Cit; Engineer John Mahaffey,City Auditor Harold Zick, Fire Chief Burl Skelton and Aldermen. Richardson, Burge, Hunt, Pratt, Williams, McAllLister, Heflin and Kent. Minutes of the regular meeting of February 23rd and the adjourned meeting of Iviarch 3rd, were read and approved. Carl Tune,head of the Tune Constrbrction Co.,said that he would like to make a of statement before the vote was taken on accepting the bid for the construction v£.ia Pump s for Statioll..and' force main:f'that since since his bid was only $175.00 higher than the low bid, and that he was a local man, a number of people seemed to think the contract shoulld Tune have been awarded to him; he wanted to make it clear that he was convinced': h low bidder should get the contract without regard to sending the work out of town': He said !that if he were bidding against an Oklahoma firm on an Oklahoma Project he would expect the low bid to get the contract; Alderman Williams made a motion khat Carl Tune be given a "VOTE OF THANKS" for his attitude, this motion was seconded by Alderman Pratt, and was passed unanimously by the Council. st for t of cond (Accept bid of Culver & Guire olution viding appli- ion of Alderman Heflin,said before the vote was taken on acceptiThg the bid, that he wan to make a motion that no bids be let on any part of the expansion project until plans a specifications for the whole project could be received and studied , so that the City w know it had enough money in the bond issue to pay for the whole project. But the motion -died foe want of a second. Alderman Williams made a motion that the contract for construction of a pump station and force main in connection with the 1952 Water Revenue Bond issue at a cost of $219,944,25 shall be awarded to the lowest bidder, the Culver & IV[cGuire Construction Company of Tulsa, Oklahoma, that the Mayor and City Clerk be and thity are hereby authorized to execute said contract in behalf of the City of Fayetteville; that the Mayor and City Clerk are further authorized to execute Change Order # 1 simultaneously with the execution of said con- tract with Culver and McGuire. This motion was seconded by Alderman Burge, and on roll call by the Clerk, the following vette was recorded: Ayes: Richardson, Burge, Hunt, Pratt, Williams, McAllister and Kent. Nays: Heflin. And the Mayor declared the motion passed, as there were 7 Ayes, and 1 -.Nay..:.. The City Attorney introduced"A RESOL,UTION PROVIDING FOR THE AP.BLICATIONJOF:T.HEiP.H6- CEEDS DERIVED FROM THE SALE OF WATER REVENUE BONDS TOTALING $250,000.00 OUT OF THE CIT OF FAYETTEVILLE'S $450,000.00 AUTHORIZED WATER REVENUE BOND ISSUE, DATED DECEMBER 15, 19529 FOR THE PURPOSES FOR WHICH SAID BONDS WERE AUTHORIZED TO BE ISSUED." Alderman Williams made a motion that the Resolution be adopted, this motion was seconded by Alderman Pratt, and on roll call by the Clerk, the following vote was recorded: Ayes: Richardson, Burge, Hunt, Pratt, Williams, McAllister and Kent. Nays:Heflin. And the Mayor declared the Resolution adopted, as them were 7 Ayes, and 1 Nay. Alderman Williams made a motion that the emergency clause be adopted. This motion was seconded by Alderman Pratt, and on roll call by the Clerk, the following vote was recorded$ Ayes: Richardson, Burge, Hunt, Pratt, Williams, McAllister and Kent. Nays: Heflin. And the Mayor declared the emergency clause adopted, as there were 7 Ayes, and 1 nay. v J COPY OF RESOLUTION N0. 5-53 A RESOLUTION PROVIDING FOR THE APPLICATION OF THE PROCEEDS DERIVED FROM THE SALE OF WATER REVENUE BONDS TOTALING $250,000.00 OUT OF THE CITY OF FAYETTEVILLE'S $450,000.( AUTHORIZED WATER REVENUE BOND ISSUE, DAZ D ECEMBER 15,1952, FOR THE PURPOSES FOR WHICH SAID BONDS WERE AUTHORIZED TO BE ISSUED. WHEREAS, the City Council of the City of Fayetteville, Arkansas by Ordinance No.1040, adopted on the 15th day of December, 1952, and approved by legal votelts of the City of Fayetteville at a special referendum election held on the 20th day of January, 1953, authorized the issuance of '$450,000. in water revenue brands for the purpose of constructing betterments and improvements to the municipal waterworks system, and WI -M REAS, it is desirable to specify and direct the application of the proceeds derived from the sale of $250,000.00 of said bonds dated December l'j,1952 for the purpo; of constructing a pump station near the present dam site at Lake Fayetteville and layinj a force main from the present filter plant located on Mt Sequoyah to Lake Fayettevilles NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYET TEVILLE,' ARKANSAS: 1. That pursuant to Ordinance No.1040 adopted December 15,1952, by the Ci$ry 0ouncil of the City of Fayetteville, Arkansas, and approved by the legal voters of said City at a special referendum election held on the 20th day of January, 1953, it is hereby declared that Bonds No. 1 to 250, inclusive, in the aggregate principal amount of $250,000.00, shall be issue3, sold and delivered as provided in Ordinance 1040 for the purpose of paying for the cost of constructing the aforesaid betterments andimprove- ments to the waterworks system tog ether with costs of all engineering, legal, and other expenses necessary or incidental to such construction. 491 (RESOLUTION N0.5-53 CONTINUED) 2. That the Mayor and the City Clerk be and they sbe hereby autorized to execute and deliver said bd)nds totaling the sum of $250,000.00 pursuant to the terms and provisi I f Ordinance No.1040. 3. That it is ascertained and declared that the waterworks system of the City of Fayetteville, Arkansas, is inadequate to meet the ordinary needs of the water users of t City of Fayetteville; that the lack of an adequate waterworks system constitutes an imme aiate danger to life,health and property of the inhabitants of the City of Fayetteville; and that it is hecessary that the City of Fayetteville immediately construct betterments and improvements to the waterworks system to protect and preserve the life, health and property of its inhabitants. It is therefore, declared that an emergency exists, and th this resolution is necessary for the immediate'preservation of the public peace, health, and safety, and that this resolution shall take effect an e in fo e from and after its passages PASSED AND APPROVED THIS.9th day of Marc , APPROVED ATTEST / Mayor i 'y Clerk Bids on OUTDOOR ADVERTISING CO.Tracts 2,8 and 12 bid of $300. each-atotal of $900. 4 tracts of RusselHoward , bid of $76. on Tract No 2- All 4 tracts, $201.00 land) on 71 Utley & Company, bid of $200. on all 4 tracts. By -Pass Alderman Burge made a motion that the bid of Out Door Advertising Co. on tracts Bids Accept-No.2, 8 and 12 be accepted and the Mayor and City Clerk be authorized to execute Quit ed for 3 Claim Deed for the 3 tracts, this motion was seconded by Alderman Richardson, and was tracts passed unanimously by the Council. Alderman Kent reported that the bills had been audited, and made a motion that th be allowed as _approved, this motion was seconded by Alderman Richardson, and was passed unanimously by the Council. Lake Fay- Alderman Williams made a motion that Lake Fayetteville be opemed for Fishing etlteville and boating March 15th, this motion was seconded bta Alderman Kent, and was passed unani opien mously by the Council. March 15, A RESOLUTIONQ TO APPROVE AIdD ACCEPT THE "SPECIAL ATTORNEY'S CONTRACT" of A.D.McAllister, Jr, for legal services for the City in connection with its $$4502000.00 GPaterworks Revenue Bondg, was presented and Alderman Williams made a motion that the. A.D.McAl- Resolution be adopted, this motion was sedonded by Alderman Richardson, and on roll call lister by the Clerk, the following vote was recorded: Ayes: Richardson, Burge, Hunt, Pratt, Speicial Williams, McAllister and Kent. Nays:Heflin. And the Mayor declared the Resolution adopte Atty as thefae were 7 Ayes, and 1 nay. `o I COPY OF RESOLUTION N0. 6-53 WHEREAS, Ordinance No.1040, of the City of Fayetteville, Arkansas, passed and approv by the Fayetteville City Council6on December 15,1952, authorizing the issuance of 1,$450,000.00 in water revenue bonds to pay the cost of constructing betterments and impro ments to the municipal waterworks system was also approved by the voters of the City at special election held on January 20,1953; and WHEREAS, Section 2 of Ordinance No.9321of the City of Fayetteville, Arkansas,provid that the City Attorney shall not be required, nor shall it be a part of his duties to represent the Sewer Committee, the City Water Plant, or any of its proSects or activitie nor any dtties in connection with any bond issue whether revenue or ad valorem, or any projects financed in whole or in part by the proceeds of such bonds,nor any Municipal Improvement District; and WHEREAS, It is the desire of the Fayetteville City Council to employ the City Attorney, A.D.McAllister, Jr.,as special Attorney to perform any and all legal services necessary or incidental to the successful completion of the water line project from the filter plant on Mt.Sequoyah to Lake Fayetteville. \ NOW,THEREFORE,BE IT RESOLVED, THAT the Special Attorney's contract, submitted th date to Fayetteville City Council by the City Attibrney, A.D.McAllister,Jr., be and the same is in all things approved and accepted,gnd the Mayor and the City Clerk are hereby authorized to execute said contract for and in behalf of the City of Fayetteville, Ark- ansas* PASSED AND APPROVED this 9th day o March, 1 f 3. qApproved 0 J* 4 A4�_ Attest :`/Cole, Mayor c y Cleric The City Engineer presented the application of Ralph Sanford fora building permi 1ph n West 6th Street, Alderman Kent made a motion that Permit No.960 be issued to Ralph nford Sanford, this motion was seconded by Alderman Williams, and was passed unanimously by rmit Council 60 the The City Engineer presented the application of Preston & Crider for a temporary ston & permit to add a tool shed to their temporary building on North CollegeAvenue, Alderman er Kent made a motion that a temporary permit be issued to Crider & Prestom.61abjebt to the rmit usual restrictions of a temporary Building permit,this motion was:,-secondad by Alderman 44 McAllister, and was passed unanimously by the Council. t No.l I The Engineer's Eertificate No.l, Estimate No.l for construction of Sewer Latera e No. 307-B, Jackson Heights Addition, amounting to $2,808.10 was presented, Alderman Wil- st.Co liams made a motion that it be approved,ry thgis motion was seconded by Alderman Hunt, and was passed unanmmously by the Council. ;tAthisaachectkk)issued to Tune Construction Co.,for At this time the bids were opened on the 4 parcels of land, located along U.S. Highway 71 By -Pass between School Avenue and College Avenue, which showed that tiie follo ling bids had been submitted: Bids on OUTDOOR ADVERTISING CO.Tracts 2,8 and 12 bid of $300. each-atotal of $900. 4 tracts of RusselHoward , bid of $76. on Tract No 2- All 4 tracts, $201.00 land) on 71 Utley & Company, bid of $200. on all 4 tracts. By -Pass Alderman Burge made a motion that the bid of Out Door Advertising Co. on tracts Bids Accept-No.2, 8 and 12 be accepted and the Mayor and City Clerk be authorized to execute Quit ed for 3 Claim Deed for the 3 tracts, this motion was seconded by Alderman Richardson, and was tracts passed unanimously by the Council. Alderman Kent reported that the bills had been audited, and made a motion that th be allowed as _approved, this motion was seconded by Alderman Richardson, and was passed unanimously by the Council. Lake Fay- Alderman Williams made a motion that Lake Fayetteville be opemed for Fishing etlteville and boating March 15th, this motion was seconded bta Alderman Kent, and was passed unani opien mously by the Council. March 15, A RESOLUTIONQ TO APPROVE AIdD ACCEPT THE "SPECIAL ATTORNEY'S CONTRACT" of A.D.McAllister, Jr, for legal services for the City in connection with its $$4502000.00 GPaterworks Revenue Bondg, was presented and Alderman Williams made a motion that the. A.D.McAl- Resolution be adopted, this motion was sedonded by Alderman Richardson, and on roll call lister by the Clerk, the following vote was recorded: Ayes: Richardson, Burge, Hunt, Pratt, Speicial Williams, McAllister and Kent. Nays:Heflin. And the Mayor declared the Resolution adopte Atty as thefae were 7 Ayes, and 1 nay. `o I COPY OF RESOLUTION N0. 6-53 WHEREAS, Ordinance No.1040, of the City of Fayetteville, Arkansas, passed and approv by the Fayetteville City Council6on December 15,1952, authorizing the issuance of 1,$450,000.00 in water revenue bonds to pay the cost of constructing betterments and impro ments to the municipal waterworks system was also approved by the voters of the City at special election held on January 20,1953; and WHEREAS, Section 2 of Ordinance No.9321of the City of Fayetteville, Arkansas,provid that the City Attorney shall not be required, nor shall it be a part of his duties to represent the Sewer Committee, the City Water Plant, or any of its proSects or activitie nor any dtties in connection with any bond issue whether revenue or ad valorem, or any projects financed in whole or in part by the proceeds of such bonds,nor any Municipal Improvement District; and WHEREAS, It is the desire of the Fayetteville City Council to employ the City Attorney, A.D.McAllister, Jr.,as special Attorney to perform any and all legal services necessary or incidental to the successful completion of the water line project from the filter plant on Mt.Sequoyah to Lake Fayetteville. \ NOW,THEREFORE,BE IT RESOLVED, THAT the Special Attorney's contract, submitted th date to Fayetteville City Council by the City Attibrney, A.D.McAllister,Jr., be and the same is in all things approved and accepted,gnd the Mayor and the City Clerk are hereby authorized to execute said contract for and in behalf of the City of Fayetteville, Ark- ansas* PASSED AND APPROVED this 9th day o March, 1 f 3. qApproved 0 J* 4 A4�_ Attest :`/Cole, Mayor c y Cleric X94 Alderman Pratt introduced "AN;QRDINANCE AMENDING ORDINANCE NO. 1013 OF THE CITY IF FAYETTEVILLE, ANSAS: AND DECLARING AN EMERGEN-CY" The Ordinance was read in its entirety, and Alderman Burge made a motion that the Ordinance left on its first readings and that it be referred to the Planning Commission for recommendation, s motiln was seconded by Alderman Heflin, and was passed unanimously by the Council. • Alderman Pratt introduced a Resolution directing the City Clerk to publish a n the NORTHWEST ARKANSAS TIMES of shearing to be had on the proposed amended sewer rate dinance, said hearing to be held at the next regular meetkng of the Council, on Merck rd,1953. `Alderman 3ichardsonomade a motion that the -Resolution be adopted, this motion s seconded by Alderman Heflin, and was passed unanimously by the Council. COPY OF RESOLUTION N0.7-53 WHEREAS, the City of Fayetteville contemplates improvements and extensions to its anicipal sewer system which will require the issuance of addotional•revenue bonds, and a order tp pay the principal and interest of the proposed bonds as they mature it will e necessary to establish new minimum rates to be charged for the sewer service; and WHEREAS, State law requires that before any sewer rates are established there shall e a public hearing on the same; NOW,THEREFO`RE, BE IT RESOLVED by the City Council of the City of Fayetteville,Ark-� nsas: SECTION 1. That the proposed amended sewer rate ordinance, having been read one tim , e held on first reading until a hearing can be had upon the proposed rates,and that the ity Clerk be and he is hereby directed to publish in the NORTHWEST ARKANSAS TIMES,a news- spar published in the City If Fayetteville, Arkansas, a notice of said hearing in sub- tantially the following form: NOTICE. Notice is hereby given that the .City Council, in order to finance the cost of roposed•improvements to the municipal sewer system and to pay the principal and interest f bonds to be issued for that purpose, proposes to establish minimum rates to be charged or the services in those parts of the City which will be served by the new construction, pon a basis of adding $1.00 per month to the present rate schedule s& that the minimum onthly charge shall be $1.755 and in all other respects the rates set out in Ordinance o.1013 shall remain unchanged and in full force and effect. The area to be affected is ocated'in the Southeast Part of the City of Fayetteville. A hearing will be had-dupon this proposed change in rates at a•meeting of the ity Council to be held at 7:300 P.M. at the regular session of the City Council in the ity Administration•Building in Fayetteville on the 23rd day of March,1953, at which time 11 users of -the system and the owners of property to be served by said system, and others nterested, are invited to attend and shall have the opportunity to be heard concerning he proposed rates. GIVEN by order of the City Council.this 9th day of March, 1953. Cid Cler SECTION 2. That it is hereby ascertained and declared that the urgent need for additional sewer lines endangers the health and safety of the inhabitants of the City og Fayetteville, and therefore an emergency exists and this resolution, being necessary for the immediate preservation of the public peace, health and safety, shall take effect and to in force from and after its passage., ADOPTED this 9th day of March, 1953. Approve Attest: 9P•*WA.,or Mayor city Ulerk A -letter from the Planning Commission approving the plat of Davis- Ferguson Addi- n, which was as follows: At a meeting of the City Planning Commission held on Friday, March 6th,the Com- sion approved the Plat of Davis -Ferguson, a blue print of which is heretd attached. The Commission recommends acceptance by the City Council of this plat. final copy of the plat, including surveyors certificate, approval by the Planning mission and acceptance by the Council will then be.prepared so that it can be records City Planning Commission of Fayetteville. By (S) W.H.Pryor, Chairman atof Alderman Williams made a motion that the Plat of Davis -Ferguson be accepted, as re vis- ommended by the Planning Commission, this motion was seconded by Alderman Hunt, and was rguson pn passed unanimously by the Council. cepted -Alderman Pratt introduced "AN ORDINANCE AUTHORIZING THE APPROPRIATION OF 42062.27 TO BE USEDFOR THE PURCHASING TWO TRUCKS FOR THE STREET DEPARTMENT AT A COST 2,271.41 for the two ton truck and at::ar�ost of §§,790:86 for the one and one-half ton truck." (This being the amount of the low bids submdttted on the two trucks) 'Alderman Williams made amotion that the Ordinance be adopted, this motion was sayc•;.d^' econded by Alderman Kent, and•on roll call by the Clerk, the following vote was recorded. yes: Richardson, Burge, Hunt, Pratt, Williams; McAllister, Heflin and Kent. Nays:Nones nd the Mayor declared the Ordinance passed, as there were 8 ayes, and nornays. -M"I" 495 COPY OF ORDINANCE N0. 1044 AN ORDINANCE AUTOHORIZING THE APPROPRIATION OF $4,062,27 O BE USED FOR PURCHASING TWO TRUCKS FOR THE STREET DEPARTMENT AT A COST OF $2, 271.41 FOR THE TWO -TON TRUCK AND AT A COST OF $1,790.86 FOR THE ONE AND ONE-HALF TON TRUCK* WHEREAS,the Street Department of the City of Fayetteville, Arkansas, is in need of one two ton truck and.one one and one-half ton truck by reason of the fact that the presi ent equipment is worn beyond repair and the functions of the Street Department of the City of Fayetteville cannot be maintained without the purchase of said vehicles, NOW,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYE1'TEV3LLE, ARKANSAS: SECTIONi„k•. That the following sums are hereby appropriated for the purpose of purchasing two trucks: Street Fund q2,271.41 for One 2 -ton truck Street Fund $P 1,790.86 for one 12 ton truck SECTION 2. The Board of Public Affairs is hereby directed to advertise for bids for said ve c es as set forth in their recommendation and to proceed with the awarding of a con- tract and the purchase of said vehicles as prov&ded by Section 19-1022 et seq and to arrange for delivefy of said vehicles at the earliest possible time. This Ordinance shall take effect and be in full force from and after its passage. 17 PASSED and APPROVED this 9th day of Mfarch, 1953. Approved Attest ; r9 jy/ Mayor City Clerk Alderman Richardson made a motion that the Board of Public Affairs be requested to ask for bids on a tracter-digger•and loader for the Water Department, this motion was seconded -by Alderman Burgey-and was passed unanimously by the Council.' STOP SIGNS Alderman Hunt made a motion that STOP SIGNS be placed on Spring Street at West at Avenues 'this motion was seconded by Alderman Heflin, and was passed unanimo}jsly by the Spring & Council. West Sts. Alderman Richardson made a motion that the'Mayor and City Clerk be authorized to renew the LEASE of Mid -West Hide & Fur Company for a period of one year from the ex - Renew piration of their present lease, with the provision that they'agree to cancel their lease to lease and remove their building on a Sixty (60) day notice from the City, this motion was Mid -West seconded by Alderman Heflin, and was passed unanimously by the Council. Hide&Fur Co There being no further business, Alderman Burge moved to adjourn,, seconded by Alderman Kent, which was passed unanimously by the Council•, and the Mayor declared the Council adjourned. Approved 6 Attest : Mayor ClAty Cleric Fayetteville City Council met in regular session, Monday, March 23rd, 1953, Present: Magor Powell M.Rhea, City Clerk J.W.McGehee, City Attorney A.D.McAllister, City Engineer John Mahaffey, City Auditor Harold Zick, Fire Chief Burl Skelton, and Aldermen: Pratt, Williams, McAllister, Heflin and Kent. Absent: Aldermen:R chardsonyBurge and Hunt (Aldermen Richardson and Burge appeared later in the session) Alderman Kent made a motion that a "STOP and GO"traffic light be installed at STOP& GO Center Street and Willow Avenue, this motion was seconded y Alderman Pratt, and was pas ati Center unanimously by the Council. &Willow C(Being the only one submitted)y- At this time a bid�,ywas opened:on Parcel Number six(6) located on Highway 71 By-pass, which was submitted by The Outdoor Advertising Company in the amount of $65,00, llaerman Pratt made a motion that the bid of the Outdoor Advertising Company be accepted Bid on and the Mayor and City Clerk be authorized to execute a QUIT CLAIM DEED to E.F Rinehatt,`11 last parcel �s requested in the bid, this motion was seconded by Alderman Heflin and was passed unan Iy the Council. (Alderman Burge appeared at this time,and his presenee was.noted) Water Superintendent reported thafthe Board of Public Affairs recommended that the bid of HALEY SALES COMPANY to furnish tractor digger and loader for the sum of t5,100.51 less Trade-in for 1-19N Ford tractor and loader at $p1,000.51 or arnet•;prieee.of 54;100;00j be accepted,, and Alderman Pratt introduced the following Ordinance; "ADI ORDINANCE AUTHORIZING THE PURCHASE OF A TRACTOR DIGGER AND LOADER AND ROPRIATING THE SUM OF $4,100..00 TO MAKE SUCH PURCHASE BY THE CITY OF FAYETTEVILLE, ANSAS." The Ordinance was read in its entirety by the Clerk,Alderman Williams made a mot t the rules be suspended and the Ordinance placed on its second reading, this motion seconded bVc Alderman Kent, and was passed unanimohsly by the Council, The Clerk then read the Ordinance the second time, and after discussion, Alderman f Kent made a motion that Ache rules be further -suspended and the Ordinance be placed on it hird and final reading, this motion was::seconded by Alderman Williams and was passed unanimously by the Council. The Clerk then read the Ordinance the third and final time. The Mayor then put the question "Shall the Ordinance pass"?, and on roll call by the Cle' Phe following vote was recorded: -Ayes: Burge, Pratt, Williams,McAllister,Heflin and Kent Nays:None. Absent and not voting: Richardson and Hunt. And the Wayor declared the Ordina: Passed, as there were 6 ayes, and no nays.