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HomeMy WebLinkAbout1957-09-23 Minuteshe City Council of Fayetteville, Arkansas, met in regular session Monday, September 23,11 t 7:30 P.M. resent: Mayor Roy A. Scott, City Clerk George J. Davis, City Auditor Albert J. Jones, ity Attorney A. D. McAllister Jr., City Engineer W. C. Smith, Chief of Police Pearl atts, and Aldermen: Richardson, Parish, Holl d, Lunsford, Bissett;, Kent, and Alexander. bsent: Alderman Williams and Fire Chief Burl kelton. "he minutes of the regular meeting on Monday, September 9, 1957, were read and approved. Ittorney C. D. Atkinson appeared before the Council in behalf of Margie, Edith, and Dora Deed for Deen, who wished for the City to execute a deed for a harrow strip of land 99 feet long, strip and 10 feet wide, and 1paatted at 129 East Mountain Street, back of the County Jail, for b ickJ f the nominal sum of one (1) dollar. Co, ail. ?his land was formerly deeded to the City in 1912 but was never accepted; however the Cit claims ownenship by Usage. Alderman Lunsford moved to refer this to the Street Committee. the motion was seconded by Alderman Bissett and passed unanimously. Arkansas State Senator, Clifton Wade appeared before the Council in behalf of the Trans Video Corporation of Fayetteville, and presented a proposed ordinance to amend Ordinance No. 1028 which granted a City Franchise to the TV. Corporation. d• Senator Wade and Hal Douglas explained that the -proposed ordinance was needed to clarify 46 the franchise and amend the former Ordinance No. 1028 to include the transmission of all ans- television signals. deo After a lengthy discussion, Senator Wadearead the proposed ordinance Entitled"ANi'.,ORDINANC nchise OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, COUNTY OF WASHINGTON, STATE OF ARKANSAS, nded.�nMENDING ORDINANCE NO. 1028, GRANTING TO THE FAYETTEVILLE BROADCASTING COMPANY, A CORPOR- ATION, ITS SUCCESSORS, LESSEES AND ASSIGNS, THE RIGHT AND PRIVILEGE AND FRANCHISE TO USE �ND OCCUPY FOR ITS TELEVISION SERVICE, THE STREETS, AVENUES, ALLEYS, ROADS AND HIGHWAYS, SND OTHER PUBLIC PLACES OF THE CITY, FOR THE PURPOSE OF ERECTING, CONSTRUCTING, OWNING, I OR OTHERWISE ACQUIRING, MAINTAINING OROPEHATING TELEVISION LINES TO BE USED IN FURNISHING OR SUPPLYING THE INHABITANTS OF SAID CITY OR ANY PERSON, FIRM OR CORPORATION WITHIN SAID CITY AND TO OTHERS BEYOND THE LIMITS OF SAID CITY, WITH TELEVISION SIGNALS: AND AUTHORIZI TRANSFER OF SAID FRANCHISE TO TRANS -VIDEO CORPORATION OF ARKANSAS". lderman Bissett moved that the rules be suspended and the Ordinance be placed on the econd reading. he motion was seconded by Alderman Holland and passed unanimously. The Ordinance was then read in its entirety for the second time. fter a lengthy discussion, Alderman Holland moved that the rules be further suspended he Ordinance placed on the third reading. he motion was seconded by Alderman Alexander and passed unanimously. he Ordinance was then read in its entirety for the third and last time. he Mayor then declared the Ordinance open for discussion. fter a brief discussion, the Mayor asked the question,"Shall the Ordinance pass?" pon roll call the following vote was recorded: "Aye" Richardson, Parish, Holland, unsford, Bissett, Kent, and Alexander. "Nay" None. here being seven "Ayes" and no "Nays", the Mayor declared the Ordinance passed. lderman Lunsford moved that the emergency clause be adopted. he motion was seconded by Alderman Bissett'and upon roll call'the following vote was ecorded: "Aye" Richardson, Parish, Holland, Lunsford, Bissett, Kent, and Alexander. Nay" None. There being seven "Ayes" and no "Nays", the Mayor declared the emergency lause adopted. Copy of Ordinance No. 1146, 957, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, COUNTY OF WASHINGTON, STATE F ARKANSAS, AMENDING ORDINANCE N0, 1028, GRANTING TO THE FAYETTEVILLE BROADCASTING COMP NY, CORPORATION, ITS SUCCESSORS, LESSEES AND ASSIGNS, THE RIGHT AND PRIVILEGE AND FRANCHISE TO USE ND OCCUPY FOR ITS TELEVISION SERVICE, THE STREETS, AVENUES, ALLEYS, ROADS AND HIGHWAYS,IAND THER PUBLIC PLACES OF THE CITY, FOR THE PURPOSE OF ERECTING, CONSTRUCTING, OWNING, LEASING, R OTHERWISE ACQUIRING, MAINTAINING OR OPERATING TELEVISION LINES TO BE USED IN FURNISHING R SUPPLYING THE INHABITANTS OF SAID CITY OR ANY PERSON, FIRM OR CORPORATION WITHIN SAIDI ITY AND TO OTHERS BEYOND THE LIMITS OF SAID CITY, WITH TELEVISION SIGNALS: AND AUTHORIZING RANSFER OF SAID FRANCHISE TO TRANS -VIDEO CORPORATION OF ARKANSAS. IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS: ection 1. That on the 7th day of July, 1952, this Council adopted Ordinance No. 1028, ranting a franchise to the Fayetteville Broadcasting Company, Inc., its successors,lessdes, nd assigns, authorising the exclusive use of the streets and alleys, and other public places, ocated in the City of Fayetteville, in order that said company might furnish a direct wire eception of television programs and'other services in connection therewith'to the citizens f the City of Fayetteville, Washington County, Arkansas. tion 2. That the said Fayetteville Broadcasting Company,Inc. has heretofore assigned d franchise to Trans -Video Corporation of Arkansas, an Arkansas Corporation, and it i irable that the assignment of said franchise be approved by this council. ction 3. That the authority granted in said franchise be clarified in order to includel said es presently being made of the antenna and wire systems of said corporation, and to include y possible further usage of said system in the future by the holder of said franchise.) tion 4. That the franchise heretofore granted to the Fayetteville Broadcasting Company, ., i s sucdessors, lessees, and assigns, by virtue of Ordinance No. 1028, be and is eby vested in Trans -Video Corporation of Arkansas, an Arkansas Corporation, the assigie said Fayetteville Broadcasting Company, Inc. ection 5. That the above mentioned franchise be clarified and amended to include the trans- iss on of all television signals. The tenor "television signals" for the purpose of thisl rdinance is defined as the electrical impulses or composite series of electrical information esigned to actuate a standard television receiver or any special type of television receiver r monitor, whether this television signal be received from a standard broadcast television tation or from relay stations or is originated by any type of television camer, or combi)n- tion of television camera and slide projector or motion picture film projector and camera or ny other means whereby visual images are to be reproduced on a television set,includinglthe Aeration of an electronic home theatre during the existence of this permit or franchise., 6 • • N 269 Section 6. That Ordinance No. 1028 shall remain in full force and effect save only as tc • i e7extend same is amended and supplemented as is herein specifically provided. Section 7. If any section, subsection, sentence, clause or phrase of this ordinance is fc 4ny reason declared unconstitutional or invalid, such decision shall not effect the valid ty of the remaining portions of this ordinance. Section B. That this action being necessary for the preservation of public health, peace and prosperity, safety, order, comfort and convenience of the City of Fayetteville, 14ashingt6n County, Arkansas, and the inhabitants thereof, an emergency is hereby declared o exist, and this ordinance shall take effect and be in force from and after its passage ASSED AND APPROVED the 23 rd day of September, 1957. APPROVED: ATTEST: RO SC T, MAYOR EORGE AV TY CLERK. Attorney David Burleson appeared before the Council, representing property owners in the MORE about area of the alley between Fairview Y d Williams Street and west of Duncan Avenue, and alley) stated that the property owners�'di�ilgive 15 feet for right of way in order that the between Fair- alley could be widened into a street. view and Alderman Lunsford reported that the Buildings Committee, Building Inspector, and the Williams St. City Attorney had held two or three meetings studying this problem and they recommended that since the property owners were willing to donate the land, that the alley be changed into a street 30 feet and 35 feet wide. After a lengthy discussion, Alderman Lunsford moved that the City Engineer and City 6uil'ding Inspector contact Mr. Trager and try to work out a solution to the narrow entrar ce and abrupt change to the proposed avenue from Fairview Street and if successful, to I Attorney Bukleson to go ahead with his plans and get the deeds from the propert owners for the proposed right of way. The motion was seconded by Alderman Alexander and passed unanimously. No parking The Mayor reported that the parking situation on University Avenue created a problem for near ate ]hearses and cars entering or leaving Evergreen'Cemetery and he recommended that more at Evergreen space be given at the entrance to the cemetery. Cemet ry. A,lderman Lunsford moved to authorige the Mayor to mark University Avenue "No Parking" for two parking spaces on each side of the cemetery entrance. The motion was seconded by Aldermpin Richardson and passed unanimously. Alderman Richardson reported that the Finance Committee had approved the bills and moved hey be allowed as approved. �he Motion was seconded by Alderman Alexander and passed unanimously. i The City Attorney read a letter from the Martin -Smith Co, in which they stated that the City Fogging Machine -would be delivered within a few days. lderman Richardson reported that the 1957 property tax levy could be arranged to retire the Airport Bonds on March 1, 1959. No further action was taken. Blink r Lite The City Engineer recommended that the blinker one -section stop light at the Southwest moved from corner of the Square be removed in its entirety and installed at the corner of Block Ave. SW corner And Dickson Street in place of the present standard 3 section traffic light and that this of Square. 3 section standard traffic light,after removal.from Block Avenue and Dickson Street, be re -installed at East Avenue and Dickson Street. Also that the Arkansas Highway Department be contacted with the idea of changing the standard 3 section traffic light at College Avenue and Center Street to a one section blinker type stop light. All these recommendations are to improve the operation of the qne-way street plan now in effect. lde."man Alexander moved to accept the recommendations of the City Engineer and change he traffic lights and contac€ the Arkansas Highway Department as stated above, The motion was seconded by Alderman Lunsford and passed unanimously. �lderman Richardson brought up the discussion of City Car License for 1958. City T#gs After a lengthy discussion, during which the City Attorney stated that in his opinion, for the City could not collect for more than,3/4 of a year, 1958 Alderman Richardson moved that the City Attorney be instructed to prepare an amending I rdinance providing for the City to sell city automobfrle license in accordance with the The Council new state law. recommended The motion was seconded by Alderman Bissett and passed unanimously. that the Mayor collectdelin- Alderman Bissett reported that the Street and Streets Lighting Committee recommended tha quent Airport sew street lights be placed as follows: dne near the Assembly of God Church at the South rent. west corner of the r1air �round; one about a bl&)ck east and one about a block west of this Phurch, one at Dogwood ane and two at Root School. Alderman Lunsford moved that the street lights be placed as recommended by the Street an Street Lights Committee. The motion was seconded by Alderman Bissett and passed unanimously. The City Building Inspector appeared before the Council with a building problem. He stated that since Mr. Trager's Building Permit has been questioned, that he felt that Problem of until such time that the Zoning Ordinance was amended to clearly define, among other permits things: 1. The minimum amount of frontage that each lot must have. presented by Bldg insp. 2. The direction that a building must face. 3. When a thoroughfare legally becomes a street. That Building Permits of this type should be referred to the Council. • The City Attorney then recommended that the Building Inspector should issue building 1 permits according to his best knowledge and that an amendment be made to Zoning Ordinan to adjust the problems of technical permits. No further action was taken. •i There being no further business, Alderman Alexander moved to adjourn, a fhe motion was seconded by Alderman Holland and passed unanimously, whereupon the Mayor fl declared the meeting adjourned. (ATTEST: I APPROVED: