HomeMy WebLinkAbout1955-06-01 MinutesFayetteville City Council met in regular session, Monday, June 6th, 1955.
Present: Mayor Roy A Scott, City Clerk J.W.McGehee, City Attorney A.D.I�c tgr, City
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Engineer W:C:Smith, City Auditor Albert -Jones, City Building Inspecto:;VP eP Police
Pearl V�atta,axid Aldermen: Richardson, Parish,Hunt, Lunsford, Williams,''McAllister-,Bndnson
and Alexander.
AOL Tdinute.s of the regular meeting of May 16th, were read and approved,
ORDINANCE AUTHORIZING THE INTRODUCTION OF FL6IITE INTO THE DRINKING WATER SUPP Y SYSTE
CH SERVICES THE CITY OF FAYETTEVILLE,ARKANSAS,PROVIDING FOR THE REGULATION OF VORIDAT
FOR -OTHER PURPOSES, which had been left on its first reading at the regular meeting e
16th, was called up -for second reading by Alderman McAllister.
-The Ordinance was then read the second time by the City Clerk, after a lengthy di
cion, it was agreed to leave it on its second reading.
The City Building Inspector presented the application of the Hudson Oil Company
permit for a service station at 1914 North College Avenue,Alderman Richardson made a m
on that permit No.1697 be issued to the Hudson Oil Co., this motion was seconded by Al
n•Alexander, which was passed unanimously .
The Building Inspector presented the application of Zed Johnson for a permit a
43 North College Avenue to -bury a 4,OOO.gallon gasoline storage tank, Alderman Alexand
Ae a -motion -that permit No. 1702 be issued to Zed Johnson, this motion was seconded by
derman Richardson, and was passed unanimously by the Council.
tition I A petition was filed by a number of property owners,requesbing that the ZONING
regulation in Block One of Smith's -Addition be changed from Classification "A" to Classifi-
orng cation "B% Alderman Williams made's motion that the Petition be referred•to the Planning
Commission,seconded by Alderman McAllister, w4ich was passed unanimously.
The City Attorney introduced "AN ORDINANCE AMENDING ORDINANCE N0. 1008-APPROV
:"POSER 22,19519REAFFIRMING AND ADOPTING BY REFERENCE THERETO ZONING ORDINANCE NO:.C1002
PPROVED SEPTEMBER 10,1951,AS AMENDED BY ORDINANCE NO. 1005 APPROVED OCTOBER 8,1951,AS
[BENDED, TO MODIFY CERTAIN "E" COMMERCIAL DISTRICT REGULATIONS AND CERTAIN "F" BUSINESS
IST RICT REGULATIONS -.The Ordinance was read in its entirety for the first time, and Alde
an Richardson made a motion that it be referred to the Planning Commission for recommen
ion, this motion was seconded by Alderman-Alexander,which was passed unanimously.
The Mayor reported that the bids had been opened proposing to furnish 3 elec
water coolers for the City Hospital, which revealed that the following bids had been Sul
ittede
Bruce & Co., Ft.Smith .............$225:00
Bids for Service Silply Co., Fayetteville 265000
Lewis Bros. `t 246.90
Ater Harry Cooper Supply Co.Springfield,Mo. 206.78
coolers Westing House Electric Co., Little Rock 200.65
Fay.Plumbing-& Heating Co. Fayetteille 243.00
lderman McAllister made a motion that the lowist and best biddof Westinghouse Co., of
200.65 be accepted, this motion was seconded by Alderman Lunsford, which was passed un
ously.
Alderman Alexander made a motion that the BOARD OF PUBLIC AFFAIRS BE AUTHORIZED
ask for bids on a tractor and mowing equipment attachments, this mogion was seconded by
alderman Richardson, and was passed unanimously
The City Attmrney introduced " AN ORDINANCE AbENDING ORDINANCE NO 931 REGULA
RAFPIC AND THE USE OF CERTAIN PUBLIC STREETS AND HIGHWAYS IN THE CITY OF FAYETTEVILLE,
RKANSAS,PRESCRIBING REGULATIONS RELATIVE TO THE PARKING OF VEHICLES UPON SUCH PUBLIC
IREETS AND EIGHWAYS; PROVIDING FOR THE INSTALLATION -2 OPERATION pMAIVT ENANCE 9 SUPERVISION,
EGULATION AND CONTROL FOR THE USE OF PARKING MEPERS;DEFINING AI4D PROVIDING FOR THE EST
ISHMENT OF PARKING METERS UPON THE PUBLIC''STREETS9PROVIDING FOR THE ENFORCEMENT AND PE
IES FOR THE VIOLATION THEHEOB,AND FOR OTHER PURPOSES".
The Ordinance was read in its entirety by the City Attorney, and Alderman
t made a motion that the Ordinance PASS, thi:sl)motion was sefonded by •Alderman Richardson
on roll call bts the Clerk the following vote was recorded:Ayes: Richardson,Parish,Hurit,
ford, Williams, -McAllister, Bronson and Alexander. Nays:None. And the Mayor declared the
inance passed, as there were 8 Ayes, and no Nays.
Alderman McAllister made a motion that the EMERGENCY clause be adopted, this
otion was seconded by Alderman Richardson, and on roll call by the Clerk, the following
ote was recorded: Ayes: Richardson, Parish, Hunt, Lunsford, Williams, McAllister, Bronsc
nd Alexamder. Nays:None; And the Mayor declared the emergency clause adopted, as there
ere 8 Ayes, and no Nays.
COPY OF ORDINANCE N0. 1082.
ORDINANCE AME14DING ORDINANCE N0. 931 REGULATING TRAFFIC AND THE USE OF CERTAIN
UBLIC STREETS AND HIGHWAYS IN THE CITY OF FA`.tETTEVILLE,ARKANSAS ,PRESCRIB ING REGULATIONS
ELATIVE TO THE PARKING OF VEHICLES UPON SUCH PUBLIC STREETS AND HIGHWAYS;PROVIDING FOR
HE INSTALLATION ,OPERATION pMAINTENANCE,SUPERVISION. REGULATION 3AND CONTROL FOR TIE USE OF
ARKING METERS; DEFINING AND PROVIDING FOR THE ESTABLISHMENT OF PARKING METERS UPON THE
UBLIC STREETS, PROVIDING FOR THE ENFORCEMENW.AND PENALTIES FOR THE VIOLATION HEREOF,AND
'OR OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYET TEVILLE,ARKANSAS:
Section 1. That Section 2 of Ordinance No. 931 passed and approved February 23,194E
e and the same is hefeby amended to read as follows:
"Section 2.The following portions of streets in the City of Fayetteville, Arkansas,
re hereby established as parking meter zones:
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"(Ordinance No. 1082 -Continued)
ONE'HOUR ZONES: Public Square and all streets leading from square for one(1)blockl •
College Avenue from Rock Street to Spring Street,
Dickson Street from Church Avenue to Arkansas Avenue.
West Avenue from Lafayette Street to Dickson Street.
School Avenue from Dickson Street to Spring Street.
TWO HOUR ZONES: Meadow Street from College Avenue to Church Avenue,
East Avenue from Meadow Street to Spring Street,
Block Avenue from MIeadow Street to Spring Street,
West Center Street from Church Avenue to Locust Avenue.
West Mountain Street from Church Avenue to Locust Avenue,
Church Avenue from Center Street to M4ountain Street."
Section -2. That Section 12 of Ordinance No.931 passed and approved February 23,1948,
be and the same is hereby amended to read as follows:
"Section 12'.__ The. Mayor is authorized to assign or cause to be assigned a competent
person or persons to make collections of deposits from -said parking meters which shall be
delivered to the City -Treasurer and deposited -to the credit of the City of Fayetteville.
A11 collectors shall post a fidelity bond in such sum as the Council may direct,but pre-
msums on said bonds shall be paid by the City of Fayetteville."
Section 3.' It appearing that trafficconditions-in the City of Fayetteville are such
that immediate regulation as provided in -this Ordinance are necessary for the preservation
oIf the public health, peace, and safety,an emergency is hereby declared to-rxist,and this
,Ordinance shall be in full force and effect from and after its pasage and approval.
PASSED AIM APPROVED this 6th. day of June, 1955.
Approved:
Attest: r-4 Iv ay
The City Attorney introduced "AN ORDINANCE RELATING TO TRAFFIC A14D REGULATING THE USE OF
OFF ST RESP PARKING FACILITIES OF THE CITY OF FAYETTEVILLE,ARKANSAS* CREATING AND DEFINING
PARKING METER ZONES; PROVIDING FOR THE DESIGNATION OF INDIVIDUAL. PARKING SPACES; DEFINING
A14D PROVIDING FOR THE INSTALLAT ION,OPERATION,AND MAINTENANCE OF PARKING METERS; PRESCRIBING
PARKING'T IME LIMITS; REQUIRING DEPOSIT OF COINS FOR THE USE OF PARKING METERS AND PARKINGI
METER ZONES AND PROVIDING FOR THE COLLECTION AND DISPOSITION OF SUCH COINS; REPEALING CON
FLICTING ORDINANCES; PROVIDING FOR THE ENFORCEMENT TI�IEEREOF;DEFINING OFFENSES AND PRESCRIBING
PENALTIES; AND PROVIDING THAT INVALIDITY OF PART SHALL NOT AFFECT THE'VALIDITY OF THE "RE-
MfINDER." The Ordinance wag read in its entirety by"the City Attorney,
Alderman McAllister:made:.aCino.tiorri_th`at.:4W6e.�Ordinande pa§s,i:.th$snmotion was seconded qVr
Alderman Williams,'and on roll call.by the Clerk the following vote was recorded: Ayes:
Richardson,'Parish; Hunt, Lunsford; Williams, McAllister, Bronson and Alexander. Nays.None.
And the Mayor declared the Ordinance passed, as there were 8 Ayes, and no Nays.
Alderman Richardson made a motion that the emergency clause be adopted, this motion
was seconded by Alderman Bronson, and on roll call by the Clerk, the following vote was
recorded: -Ayes: Richardson, Parish, Hunt, Lunsford, Williams, IdcAllisteP, Bronson and
Alexander, Nays:Noh6, And the MIayor declared the ememergency clause_ adopted, as there were
8 Ayes, and no.Nays.
COPY OF ORDINANCE NO, 1083,
AN ORDINANCE RELATING TO TRAFFIC AND REGULATING THE USE OF OFF STREET PARKING
FACILITIES OF THE CITY OF FAYETTEVILLE, ARKANSAS; CREATING AND DEFINING PARKING Ir4ETER ZONES;
PPOVIDING FOR THE DESIGNATION OF INDIVIDUAL PARKING SPACES; DEFINING AND PROVIDING FOR THE
INSTALLATION,OPERATION,AIID MAINTENANCE OF PARKING METERS; PRESCRIBING PARKING TIME LIMITS;I
REQUIRING DEPOSIT OF COINS FOR THE USE OF PARKING METERS AND PARKING METER ZONES AND PROVIDING
FOR THE COLLECTION AND DISPOSITION OF SUCH COINS; REPEALING CONFLISTING ORDINANCES;PROVIDING
FOR THE ENFORCEMENT THEREOF;DEFINING OFFENSES AND PRESCRIBING PENALT IES;AND PROVIDING THAT
INVALIDITY OF PART SHALL NOT AFFECT THE VALIDITY OF THE REMAINDER,
WHEREAS, the narrowness of and the volume of traffic on the streets in certain
tions of the City of Fayetteville,Arkansas,has the effect of congesting the streets a
eding the movement of traffic; and
" WHEREAS, it is the opinion of the City Council of the City of Fayetteville,Arjsa
sas,that the best method by which the above mentioned conditions may be remedied is"by es
tabli§hing Off-street parking facilities,by restricting parking in said areas to reaonabl
intervals of time'and by compelling the operators of vehicles who enjoy the use of the ps
ing space so' designated to pay a portion of the cost of establishing,maintaining and regu
lating the use of,said parking spaces; and
WHEREAS.. it is desirable to employ some mechanical assistance in the enforcement
of said parking limitations; and
WHEREASo parking meters have been installed on a number of streets and highways
throughout the City as an aid to the police in reducing traffic dilliculties;
,THEREFORE,BE IT 'RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
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Section 1, Definitions. For the purpose of this Ordinance:
• (a) The word•!'ve is e s a mean any device in,upon or by which any person or
or maybe transported upon a highway, except a device which is operated upon
property is
rails or tra
Q)b) The word "person"shall mean and include any individual,firm,co-partnership,
ssociation or corporation.
(c) The word "operator"shall"mean and include every individual who shall operate a
ehicle as the owner thereof,or as'the agent, employee or permittee of the owner, or is i
ctual physical control of a vehicle.
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(d) The word "park"'or "Parking" shall,/the standing of a vehicle, whether occupied o
ot,upon an off-street parking facility otherwise than temporarily for the purpose of,
nd while' actually engaged in, receiving or discharging passengers or loading or unloadin
erchandise or in obedience to traffic regulations,signs or signals or an involuntary sto
ing of the vehicle by reason of causes beyond the control of the operator.
(e) The words "Parking Meter" shall mean and include any mechanical device or meter
not inconsistent with this ordinance placed or ercted for the reulation of parking by
authority of this ordinance. Each parking meter installed shall indicate by proper legen
tihe legal parking time established by the city andnwhen:opexated shall at all times indi-
cate the balance of legal parking timesand at the expiration of such period shall indicat
illegal or overtime parking.
(f) The words "Parking Meter Facility" shall mean and include any real estate
(except public streetsevenue, road,alley, or highway not specifically described herein)
owbned,leased,-or operated by the City of Fayetteville;Arkansas,upon which parking meters
are installed and in operation for the use of vehicles.
(g) The words "Parking Meter Space" shall mean any space within a parking meter face
y,adjacent to a parking meter and which is duly designated for the parking of a single
•ehicle by lines painted or otherwise durably marked on the curb or concrete islands pro-
rided.
Section 2. Parking Meter Facili�. The following named and described real estate
end such other real es a e as may ere after be included in this section by amendment here
.ying within the corporate limits of the City of Fayetteville, Arkansas,shall constitute
'arking Meter Facility, namely:
Lots numbered eight(8) to fifteen(15), inclusive, in Block twenty-six (2(
of the Original Plat of the City of Fayetteville,Arkansas,including an alley ten(10) feel
in width running in an East and West -direction and adjoining the southern boundary of Lol
twelve(12) to Fifteen (15) inclusive,and the northern boundary If Lots Eight (8)to Elevei
(11),inclusive.'-
Section 3. Designation of Parking Spaces. The -Mayor is hereby directed and author'
to marc off individualparking spaces n e parking facility designated and described i7
Section 2. of this ordinance and in such other facilities as may hereafter be establishes
i, said parking spaces to'bedesignated by lines painted or durably marked on the curbing
or otherwise. At each space so marked off it shall be unlawful to park any vehicle in sue
a way that said vehicle shall not be entirely within the limits of the space so designate
Section -4. Installation of Parking Ivleters.In said parking meter facility the Mayor
ishall' cause parking meters to e instaIled upon the curb immediately adjacent to the par]
spaces provided in Section 3 of this ordinance, said installation to be placed not more
than two (2) feet from the'eurb or concrete island as provided from the front line of the
arking space as indicated, and the Mayor shall be responsible for the reulation,control
operation, maintenance, and #lid use of -such parking meters': Each device shall be so.set
as to display a signal showing legal -parking upon the deposit of the appropriate coin or
coins, lawful money of the United States of America, for the period of time prescribed b',
this ordinance.Each device shall be so arranged that upon the expiration of the lawful
time limit it will indicate by a proper vi�ble signal that the lawful parking period has
expired and in such cases the right of such vehicle to occupy'such space shall cease and
the operator,owner,possessor or manager thereof shall be subject to the penalties herein
after provided.
SECTION 5. Operation of Parkin Meters. Except in a period of emergency determined
an officer of theFire orrolice�ents or in compliance with the directions of a
police officer - or traffic control sign or signal,when any vehicle shall be parked in any
parking space alongside or next to which a parking meter -is located, the operator of sue
vehicle shall,upon entering the said parking meter space,immadiately deposit or cause to
be depositedin-said meter such proper coin of the United States as is -required for such
parking mejrer and as is designated by proper directions on the metersand when required b
the directions on the mete'r,the operator of such vehicle, after the deposit of the prope
coin or coins, shall also set-inoperati&n the timing mechanism on such meter in accordar
with directions properly appearing thereon, and failure to deposit such proper coAns,and
to set the timing mechanism in operation when so required,shall constitute s violation c
this ordinance. Upon the deposit of such coin( and the setting of the timing mechanism
in operation when so required) the parking space may be lawfully occupied by such vehic]
during the period of time which has been prescribed, provided that any person platigg a
vehicle in a parking meter space adjacent to a meter which indicates that unused time ha
been left in the meter by the previous occupant of the space shall not be required to de
it e coin so long as his occupancy of said space does not exceed the indicated unused pg
ing time. If said vehicle shall remain parked in any such parking space beyond the parka
time'limitset for such parking space, and if the meter shall indicate such illegal parka
then, in that event, such vehicle shall be considered as parking overtime and beyond the
period of legal parking time,and such parking shall be deemed a violation of this ordine
SECTION 6. -Parkin Time Limits. (a) Parking or standing a vehicle in a designate(
space in a parking me er aci y shall be lawful for twelve (12) minutes upon deposit <
a one -cent coin,twenty-four (24) minutes upon the deposit 09 two (2) one -cent coins,
thirty-six (36) minutes upon the deposit of three (3) one -cent coins forty-eight (48)
• minutes upon the deposit of four one -cent coins, or sixty (60) minutes upon the deposit
of five (5) one -cent coins or one (1) five -cent coin of the United States of America;
such parking shall also be lawful for like periods of time for certain designated parkil
M eters 'from one (1) hour to ten (10) hours $inclusive,upon depositing the necessary amour
of coins,either nicliles,or quarters required for the amount of parking time desired at
aforesaid rates of five (5) cents per hour.
(b) Said parking meters shall be operated in said parking meter facilivies ev
day between the hours of eight o'clock A.M. and six o+clock P.Tdl.,except sundays and legal
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SECTION 7. Presumption of Unlawful Parking. The fact that the timing device on any
larking meter is not in opera on s-ialle� presunptive evidence as to a parked vehicle
hen found in the parking space regulated by such parking meter,that the owner or driver
ailed to depositor cause to be deposited, the required coin or coins in said meterrr,and
,he mechanical indicatimn by such meter of a "violation" shall be presumptive eviden3e
if unlawful parking.
SECTION Be Violations. It shall be unlawful and a violation of the provisions of
his ordinance for any person:
(a) To cause,'allow, permit or suffer any vehicle registered in the name of,or
perated by such person to be parked overtime,or beyond the period of legal parking time
stabi�ished for pnykpagking meter facility as herein described, or to -'deposit in any par.
ng meter any coin for the purpose of parking beyond the maximum legal parking time for
he particular parking meter zone.
- (b) To permit any vehicle to remain or be placed in any parking space adjacent
o any parking meter while -said meter -is displaying a signal indicating that the vehicle
ccupying such parking space has already been parked beyond the period prescribed for
uch parking space.
(c)Toi:park:anyrvehicle across any line or marking of a parking meter space or
n such position that the vehicle shall not be entirely within the area designated by su:
ines or markings.
(d) To deface,injure, tamper with, open or wilfully break,destroy,or-impair
he usefulness of any parking meter installed under the provisions of this ordinance.
(e) To deposit or cause to be deposited in any parking meter any slugs,devic
metal substance,or other substitute for lawful coins.
SECTION 9. One Way Traffic. (a) The Mayor is hereby authorized to.determine and
esignate specific lanes upon the real: estate described rrn Section 2 above upon which
shicular traffic shall proceed in one direction only and shall cause to be placed appro-
riate markin,signs,barriers,or other devices to give notice thereof. The Mayor shall
ause to"be exited signs temporarily designating lanes to be used by traffic moving in a
articular direction, regardless of the center line of the roadway.
(b) Upon"the real estate described in Section 2 above vehicular traffic shal
only in the indicated direction when signs indiaating the direction of traffic are
ed and maintained.
(c) It shall be unlawful for any person to operatate any vehicle in violation
f such markings,signs, barriers, or other devices so placed in accordance with this section.
SECTION ,10.�'Enf6rcement. It shall be the duty of the Police Department to enforce
he provisions of this or inance.
SECTION ,'ll�, Collectios. It shall be the duty of the Mayor to designate a competent
erson or persons TTEZFe regular collections of the money deposited in said meters and
t shall'be the duty of persons so designated to deliver the coins so deposited in said
eters to the City Teasurer for deposit to the credit of the City of Fayetteville,Arkansal.
11 collectors shall post a fidelity bond in such sum as the Council.may direct,but pre-
iums on said bonds shall be paid by the City of Fayetteville.
SECTIQW 12`'Use of Funds. The coins required to be deposited,as provided herein,
re for the purpose of regulating parking and to cover part"of the cost of such necessary
egulation for the convenience and protection of the public.
SECTION.13, P��e��an�a�l�__ty.�.'Any person who shall -violate or fail to comply with any of th
rovisions'ofrthisor finance, or who shall counsibl,aid or abet any such violation or fail -
re to-comply,shall-be deemed guilty of an offense and shall be punished by a fine of not
o exceed Five Dollars ($5.00) for such offense.
SECTION 14. Reservation of Powers Nothing in this Ordinance shall be construed as
rohibiting the City of FayetteviMeTIA=ansase from providing for bus stops, for taxicab ::..__._..
tands and other -matters of similar nature,including the loading or unloading of trucks,
ans,or other commercial vehicles.
SECTION 15. Repeal'of Conflictin Ordinances. All orinances and parts of ordinances
nctDnsistent with the arms o is or finance are ere y repealed; Provided,Ho�vever,that
uch repeal shell'be only to the extent of such inconsistency and in alI o� her respects
his ordinance skull be cumAlative of'other ordinances regulating and governing the sub
-
ect matter covered by this ordinance.
SECTION 16. Severability. If any section or provisions, or parts thereof in this
edinance shall be a ju ge xnva id or unconstitutional, such invalidity or uhconstitu-
ionality shall not affect the validity of the ordinance as a whole or of any other sect
r provision or part hereof.
SECTION 17, Exercise of Pole Power. This entire ordinance shall be deemed and
strued to be an exercise of the police power of the City of Fayetteville in the State
Arkansas for the preervation and protection of public safety, and all of its provisions
11 be liberally construed with a view to the effectuation of such purpose.
SECTION 1G.-Emergen2,y Clause. It appearing that traffic conditions in the City of
ayetteville,Arkansas, are sucrl aE immediate regulation as provided in this ordinance
re necessary for the preservation of the public health,peace, and safety, an emergency i
ereby declared to exist and this ordinance shall be in full force and effect from and
fter its passage and approval.
PASSED AND APPROVED THIS 6th DAY OF NNE, 1955.
Approved
Attest : 9ayor
C
City era--
erman Richardson reported that the bills had been approved by the Auditing Committee,
made a motion that they be allowed as approved, this motion was seconded by Alderman
llister, and was passed unanimously by the Council. (ail June 9t
re being no further business, Alderman Bronson moved to adjourn secon a lderman
Kander, which was passed unanimo ly, and the Mayor declared the meeting adjourned til
ze 9th, at 8 O'clock, ,,;
P.M. *it�y Clerk Approved :
CitlA- Mayor
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