HomeMy WebLinkAbout1956-11-05 Minutes199
The Fayetteville City Council met in regular session Monday, November 5, 1956.
• Present: Mayor Roy A. Scott, City Clerk -Auditor Albert J. Jones, City Attorney A. D.
McAllister, Jr., City Engineer Carl Smith, City Building Inspector Harold Lieberenz,
Fire Chief Burl Skelton, Police Chief Pearl Watts, and Aldermen: Richardson, Parish,
Holland, Lunsford, Williams, Bissett, Bronson, and Alexander.
Minutes of the regular meeting held October 22, 1956 were read, corrected and approved.
The Mayor reported that he had attempted to enter into a five year lease agreement with
Lewis Brothers Hardware Company for the "Swift Building" on the off street parking lot
as authorized by the Council, But the lease as drawn up required council action and
approval. Whereupon the Mayor requested the Clerk to read the proposed lease.
After the reading of the proposed lease, the Mayor opened the meeting for anyone who
wished to be heard. ,A lengthy discussion followed in which all parties to the lease
presented their viewpoints. At the end of the discussion the City Attorney was in-
structed to draw up a new lease, and the Mayor and City Clerk were authorized to sign
the lease on behalf of the City.
(COPY OF LEASE)
AGREEMENT
. .
ease -�This LEASE AGREEMENT, made and entered into on this 16th day of November, 1956,in
Swift the City of Fayetteville, Arkansas, by and between the CITY OF FAYETTEVILLE,
uilding. ARKANSAS, a municipal corporation, hereinafter called Lessor, and LEWIS BROS. CO.,
INC., hereinafter called Lessee,
WITNESSETH:
1. That Lessor has agreed and does hereby agree to lease and let to Lessee the
following described real estate situated in Washington County, Arkansas, to -wit:
The two story brick building, known as 123 West Center Street, in the
Original Town of Fayetteville, Washington County, Arkansas,
for a term of five (5) years beginning on November 16, 1956, and ending on
November 16, 1961, for the total cash rental of Thirty Nine Hundred Dollars
($3,900.00), payable as follows: The sum of Sixty -Five Dollars ($65.00) to be paid
to Lessor on or before the 16th day of November, 1956, with a like monthly payment
of Sixty -Five Dollars ($65.00) payable on or before the 16th day of each and every
month thereafter until paid in full.
2. Lessee agrees that it will surrender said leased premises to Lessor in as good
condition as same are in at the time Lessee takes possession thereof, ordinary
wear and tear being excepted.
3. Lessor agrees to maintain ,at Le'ssor's expense the exterior walls, windows, roof
and foundation of said leased premises, and make all major structural repairs as
may be required, but Lessee shall make at Lessee's expense the plumbing, heating,
wiring, and all other interior repairs to said leased premises,
4. That Lessee
shall not
have the
right
to assign
this lease nor to
sublet
the,
above described
premises,
except
after
obtaining
the prior written
consent
of Les
5.That Lessor agrees to pay all taxes and insurance upon the said above described
premises during the term of this lease.
6. That in the event Lessee shall fail to pay any installment of rental due under
this Lease Agreement for a period of thirty (30) days, that Lessor shall have the
right and privilege to re -take possession of said leased premises without the
necessity of other further notice to Lessee or without the necessity of legal
proceedings of any nature to regain possession.
7: That Lessee shall have the option to renew this lease for an additional term
of three (3) years to end on November 16-9 1964, on the same terms and conditions,
except that the amount of rental shall be renegotiated.
8. That in the event Lessor shall have exercised its option to purchase said above
described real estate from the Estate of Mary E. Byrnes, Deceased, then Lessee
shall have the option to renew this lease for an additional term of two (2) years
to end on November 16 1966; -on the same terms and conditions except that the a-
mount of rental sh_aii �berenegotiated.
IN WITNESS
WHEREOF,
the parties hereto have
set their hands on this 16th
day of
November,
1956.
SEAL
ATTEST:
(s) Albert J. Jones
City Clerk
ATTEST:
(s) Heydon Lewis
Secretary
CITY OF FAYETTEVILLE, ARKANSAS
A MUNICIPAL CORPORATION (LESSOR)
By (s) 'Roy A. 809
ayor
LEWIS BROS. CO., INC. (LESSEE)
It
200
son-
The Clerk presentedto the Council the final estimate as approved by the architect of
ennan
the Johnson Brennan Construction Company, Inc. for the installation of windows in the
1 esti
City Administration Building. A lengthy discussion of the estimate was -held in which
mate.
Mr. Johnson and his Attorney stated their objections to the deduction of $ 270.00 au-
thorized by the architect, At the end of the discussion Alderman Richardson moved that
the estimate as approved by the architect in the amount of $ 1957.78 be paid. The
motion was seconded by Alderman Bronson and upon roll call by the Clerk the following
vote was recorded. "Yes," Alderman Richardson, Parrish, Holland, Williams, Bissett,
hase
Bronson, and Alexander. "No," Alderman Lunsford. Whereupon the Mayor declared the
ks and
[otion passed there being 7 voting yes and 1 voting no.
o net-
this time the City Building Inspector presented the application of Martin -Johnson
work,
IAt
for building permit number 2255. Alderman Alexander moved that the permit be granted.
The motion was seconded by Alderman Bissett and passed unanimously.
ext, City Building Inspector,Harold Lieberenz, reported that he had the ordinance for
dopting the National Building Code almost ready, But that he needed the opinion of the
ouncil on several differentitems that he had drawn up. Many points were brought out
nd discussed by the Council and the BuilLding Inspector. At the end of the discussion,
lderman Bissett moved that the ordinance be referred to the Building Committee for
urther study. The motion was seconded by Alderman Williams and passed unanimously.
Vote of Alderman Williams then moved that the Council go on record with a vote of thanks to
hanks to City Building Inspector Harold Lieberenz for his work in preparing the City for the
Idg. In- adoption of the National Building Code. The motion was seconded by Alderman Bissett
sp�ector, and passed unanimously.
Ifhe Mayor then brought up the matter of the Chamber of Commerce request which was re-
erred to the Finance Committee for study and recommendation. Alderman Richardson
moved that the City contribute $650.00 to the Chamber of Commerce Street Christmas
(decoration program. The motion was seconded by Alderman Williams and passed unanimously
he Mayor next reported that the Municipal League Convention would be held in Little
Rock November 12 and 13 and invited as many council men that could to go. After a
lbrief discussion, Alderman Richardson moved that the City pay the expenses of any City
0fficial who cared to go the the convention. The motion was seconded by Alderman
issett and passed unanimously.
Mayor Roy A. Scott and .
Members of the City Council
Fayetteville, Arkansas
Gentlemen:
The Water department has two 3/4 ton pickups which are 5 years old or older.
Maintenance costs on these are becoming excessive and major repairs will be
required soon.
May I request authorization from you to the Board of Public Affairs to,advertise
for bids for exchanging these vehicles for new 1957 models? Funds are available
in the depreciation fund of the water department for this purpose,
I wish to further recommend at this time that all the water department vehicles,
except the 2 ton Dodge, the one sewer pickup, together with the two filter plants
be provided with a radio network. This is a program which I have had in mind
for sometime and have only been waiting for the demand to justify its installation
With this radio net our service department can render more and better service
at considerqble savings in time and labor, The estimated total cost of the net
proposed will be $6000. This would include one 60 watt master station, 6 single
mobile units on vehicles, one dual mobile unit on one vehicle, two fixed units
for the filter plants, and the necessary antenna and accessories.
May I further request your authorization to the Board of•Public Affairs to ad-
vertise for bids for purchasing and installing the equipment to provide this
radio net. Funds are available in the water department operating fund for its
purchase.
WCS/sls
Respectfully submitted,
(s)W. C. SMITH
W. C. SMITH
Water Superintendent
O
2
•
•
lderman Alexander reported that the bills had been approved by the'Finance Committee
and moved that they be allowed as approved. The motion was seconded by Alderman
Richardson and passed unanimously.
he City Attorney then reported that he had discussed the Fort Smith Airport case with
the lawyer from Fort Smith and that he was going to present the case at the Municipal
League Convention. The course of Action agreed upon would be reported to the Council
after the convention.
At this time Water Superintendent We -C. Smith appeared befare�.the Council and requested
hase
that the Board of Public Affairs advertise for bids for the purchase of two 3/4 ton
ks and
pickup trucks to be used by the Water Department. In addition, to advertise for bids
o net-
for the purchase and installation of a radio network for the Water and Sewer Departments
work,
After a brief discussion, Alderman Richardson moved that`the Board of Public Affairs
advertise for bids for the purchase of two 3/4 ton pickup trucks and the purchase and
installation of a radio network for the Water and Sewer Department. The specifications
for the trucks and radio network to be drawn up by the Water Superintendent. The Motion
,was seconded by Alderman Williams and passed unanimously.
( COPY OF W. C. SMITH'S LETTER)
Mayor Roy A. Scott and .
Members of the City Council
Fayetteville, Arkansas
Gentlemen:
The Water department has two 3/4 ton pickups which are 5 years old or older.
Maintenance costs on these are becoming excessive and major repairs will be
required soon.
May I request authorization from you to the Board of Public Affairs to,advertise
for bids for exchanging these vehicles for new 1957 models? Funds are available
in the depreciation fund of the water department for this purpose,
I wish to further recommend at this time that all the water department vehicles,
except the 2 ton Dodge, the one sewer pickup, together with the two filter plants
be provided with a radio network. This is a program which I have had in mind
for sometime and have only been waiting for the demand to justify its installation
With this radio net our service department can render more and better service
at considerqble savings in time and labor, The estimated total cost of the net
proposed will be $6000. This would include one 60 watt master station, 6 single
mobile units on vehicles, one dual mobile unit on one vehicle, two fixed units
for the filter plants, and the necessary antenna and accessories.
May I further request your authorization to the Board of•Public Affairs to ad-
vertise for bids for purchasing and installing the equipment to provide this
radio net. Funds are available in the water department operating fund for its
purchase.
WCS/sls
Respectfully submitted,
(s)W. C. SMITH
W. C. SMITH
Water Superintendent
O
2
•
•
Like
Fay-
The Water Superintendent then recommended to the Council that Lake Fayetteville
etteville
std be kept open all year for fishing and also for protection to City property.
open
allyear
Whereupon Alderman Alexander moved that Lake Fayetteville be kept open all year.
The motion was seconded by Alderman Holland and passed unanimously.
A proposal submitted by Cy Carney, Jr, to convert the police cars to L.P. Gas
was shelved for further study.
Alderman Alexander read the Fire Department report for October and gave it to the
Clerk to be filed.
Alderman Bronson moved that the City start condemnation proceedings against the
Bob Vaughn property located at the corner of Rock and School Streets. The motion
AA rece-The
was seconded by Alderman Holland and passed unanimously.
pt of
There being no further business, Alderman Parish moved to adjourn. The motion was
City ap-federal
seconded by Alderman Williams and passed unanimously..Whereupon the Mayor declared
plication.
the meeting adjourned.
ST :
. Jones, U1Ly
APPROVED:
oy A. Scott, Mayor
201
(City Attorney A. D. McAllister, Jr. reported that the court order affirming the
annexation of 937.7 acres to the city had been signed and that an ordinance would be
on drawn up for the next council meeting accepting and assigning the area to wards. He
tionthen stated that a brief had been filed with the state Supreme Court in the Tankersley
(Brothers Case and that December 3rd was the date set for the hearing. In regard to the
The Fayetteville City Council met in regular session on Monday, November 19, 1956.
Present: Mayor Roy A. Scott, City Clerk -Auditor Albert J. Jones, City Attorney A. D.
McAllister, Jr., City Engineer W. C. Smith, City Building Inspector Harold Lieberenz,
Fire Chief Burl Skelton Police Chief Pearl Watts, and Aldermen: Richardson, Parish,
Holland, Lunsford, Williams, Bronson, and Alexander. Absent, Alderman Bissett.
The minutes of the regular meeting held Monday, November 5, 1956 .were read and approved.
Alderman Bronson moved that the Sunday closing ordinance which had been left on its
first reading be placed on its second reading. The motion was defeated for the lack
of a second. The Mayor explained that although .the ordinance was tabled for the time
being, it could be brought up again at anytime.
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Mayor then read to the Council a letter he had received from the Civil Aeronautics
pt of
(Administration acknowledging the receipt of the city's preliminary application for
City ap-federal
matching funds for improvements to Drake Field.
plication.
Next, the Mayor stated that he had received a letter and map from the Army Corps of
Engineers regarding the proposed construction of Beaver Dam. A brief discussion of
the proposed project was held after the Clerk had read the letter in its entirety.
Alderman Richardson reported that the Finance Committee had discussed the request of
Increase
tothe
Washington County Health Unit for an increase in the City's participation in the
County
salaries of the Sanitarian and the office typist. The committee recommended that the
ealth
City increase its appropriation from $ 360.00 to 660.00 for the calendar year 1957.
Unit
Alderman Richardson so moved. The motion was seconded by Alderman Lunsford and passed
unanimously.
Alderman Richardson then reported thatthe bills had been approved by the Finance
Committee and moved that they be allowed as approved. The motion was seconded by
Alderman Alexander and passed unanimously.
City Building Inspector Harold Lieberenz presented to the Council the application of
Mrs. Louise Budd for building permit number 2264. Alderman Alexander moved that
building permit number 2264 be approved. Theemotion was seconded by Alderman Lunsford
and passed unanimously.
Alderman Richardson then brought up for discussion a master stet plan for Fayetteville.
He stated that the services of the University City Planning Commission could be obtained
that matching funds were available for this purpose, and that a master street plan would
give the city a degree of central over some streets outside the City.
Master
After a lengthy discussion, Alderman Richardson moved that the City Planning Commission
Street
and the Mayor be requested to investigate the possibility of obtaining the services
Plan,
of the University City Planning Commission to draw up a master street plan, to determine
the cost of the plan, the possibility of matching funds, and any and all other facts
necessary to start the project. The findings of the Commission and the Mayor to be
reported to the Council as soon as their investigation is complete. The:motion was
seconded by Alderman Parish and passed unanimously.
Alderman Bronson then asked the Mayor about the proposed road in the City Park. The
iayor stated that work would start on the road as soon as the leaf program was completed
Alderman Holland reported that the sanitation ordinances needed to be revised and
requested the Sanitation Committee and the City Auditor to draw up a new sanitation
ordinance.
(City Attorney A. D. McAllister, Jr. reported that the court order affirming the
annexation of 937.7 acres to the city had been signed and that an ordinance would be
on drawn up for the next council meeting accepting and assigning the area to wards. He
tionthen stated that a brief had been filed with the state Supreme Court in the Tankersley
(Brothers Case and that December 3rd was the date set for the hearing. In regard to the