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HomeMy WebLinkAbout1958-03-24 MinutesThe Mayor read a letter from the Board of Public Affairs in which they recommended the Purchase purchase of tractors for the Water Department. and Street Department as follows: ofltrac- for for For the Water Department - 1 Ford, Model 821 equipped with the Sherman Model 54 F Digger Street and a Davis Model 102 loader for $3,640.19. Dept. For the.Street Department - 1 Ford, Model 851 equipped with a Davis loader, Model 102, for $2,975.03. Both bids were submitted by the Hailey Sales Company of Fayetteville, Arkansas. After a brief discussion, Alderman Smith moved to purchase the tractor for the Street DEpartment from the Hailey Salves Co. for $2,975.03, asrecommended by the Board of Public Affairs. The motion was seconded by Alderman Lunsford and passed unanimously. Alderman Will&ims them moved to postponb the purchase of a tractor for the Water Dept. until a later date. The motion was seconded by Alderman Burgin and passed unanimolay. Turner- aubus The City Clerk presented a plat for a sub -division, which had been appro9ed by the Plat Planning Commission, to be known as the Turner-Faubus Addition. presented. After a brief discussion, Alderman Williams moved to refer this plat to the Street Committee. The motion was secd)nded by Alderman Burgin and passed unanimously. Spec. for The Mayor reported that the budget for this year was set up for either the purchase of Street a new grader or a new street sweeper and that the grader was in much better condition sweeper than the street sweepers tolbe fter a lengthy discussion, Alderman Lunsford moved that the Mayor and Street Committee prepared, make a survey of the present equipment and to authorize the City Engineer to prepare I for both, a four wheel and a three wheel street sweeper, and request the Board of Public Affairs to advertise and receive bids on this sweeper. The motion was seconded by Alderman Hatfield and upon roll dall the following vote was recorded: "Aye" Barnhart, Smith, Burgin, Lunsford, Williams, Hatfield, and Kent. "Nay" Walker. There being seven "Ayes" and only one "Nay", the Mayor declared the motion passedo here being no further business, Alderman Williams moved to adjourn•. The motion was econded by Abderman Hatfield and passed unanimously, whereupon the Mayor declared the eeting adjourned. APPROVED: TTEST: o /W., AUSTIN PARIS 4A OR Rd SY ; UI' ERI / The City Council of Fayetteville, Arkansas, met in regular session on Monday, March 24, 1958, at •7:30 P.M. and was opened with a prayer by Alderman Herbert Hatfield. Present: Mayor J. Austin Parish, City Clerk George J. Davis, City Controller Albert J. Jones, City Attorney A. D. McAllister Jr., City Engineer W. C. Smith, Chief of Police Pearl Watts, Fire Chief Burl Skelton, and Aldermen: Barnhart, Smith, Burgin, Lunsford, Williams, Hatfield, Kent, and Walker. Absent: None. The minutes of the regular session on Monday, March 10, 1958, were read and approved. {Aderman Kent reported that the Finance Committee had -approved the bills and moved they be allowed as approved. The motion was seconded by Alderman Lunsford and passed unanimously. fllderman Smith reported that the Street Committee had recommended the acceptance of the plat for the Sub -Division to be known as the Turner - Faubus Addition. The City Clerk then read a proposed ordinance entitled, "AN ORDINANCE TO ACCEPT AND CON- FIRM THE DEDICATION OF ALL STREETS, ALLEYS AND EASEMENTS, IN TURNER-FAUBUS ADDITION TO d• THE CITY OF FAYETTEVILLE, ARKANSAS". 1161 lAfter a brief discussion, Alderman Smith moved that the Ordinance be passed. The motion was seconded by Alderman Williams and passed unanimously, Aiereupon the Mayor declared the Ordinance passed. ORDINANCE NO. 1161 AN ORDINANCE TO ACCEPT AND CONFIRM THE DEDICATION OF ALL STREETS, ALLEYS, AND EASEMENTS, N TURNER-FAUBUS ADDITION TO THE CITY OF FAYETTEVILLE, ARKBNSAS. WHEREAS, there has been duly presented to the City Council of the City of Fayetteville, Arkansas, a plat known as Turner-Faubus Addition to the City of Fayetteville, Arkansas, and being a part of the Southeast Quarter of the Northwest Quarter, Section Eight, Township 16 North, Range Thirty West, by which the owners of the platted real estate have dedicated for the public use the streets, alleys, and easements, shown upon said plat; and WHEREAS, the City Planning Commission of the City of Fayetteville, Arkansas, has recommended the acceptance of said plat. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL -OF THE CITY.OF FAYETTEVILLE, ARKANSAS: Section 1. That _the City of Fayetteville, Arkansas, hereby accepts and confirms the ecication of all streets, alleys, and easements, dedicated in Turner-Faubus Addition to the ity of Fayetteville, Arkansas, and hereby declares said streets, alleys, and easements, o be public streets, alleys, and easements;, and the said City Council.hereby assumes the are control and jurisdiction of the same. 1 Z x r1 U • {Aderman Williams reported that the Water Committee had recommended the purchase of a Purchase tractor for the Water Department and he moved that the Council accept the recommendation I of the Board of Public Affairs and the Water Committee and purchase the Ford Tractor, tof ractor Model 821 equipped with the Sherman Loader 54 F Digger and a Davis Model 102 leader from fior the Hailey Sales Co. for the sum of $3,640.19. Yater The motion was seconded by Alderman Hatfield and after a long discussion was passed Dept. unanimously. fllderman Smith reported that the Street Committee had recommended the acceptance of the plat for the Sub -Division to be known as the Turner - Faubus Addition. The City Clerk then read a proposed ordinance entitled, "AN ORDINANCE TO ACCEPT AND CON- FIRM THE DEDICATION OF ALL STREETS, ALLEYS AND EASEMENTS, IN TURNER-FAUBUS ADDITION TO d• THE CITY OF FAYETTEVILLE, ARKANSAS". 1161 lAfter a brief discussion, Alderman Smith moved that the Ordinance be passed. The motion was seconded by Alderman Williams and passed unanimously, Aiereupon the Mayor declared the Ordinance passed. ORDINANCE NO. 1161 AN ORDINANCE TO ACCEPT AND CONFIRM THE DEDICATION OF ALL STREETS, ALLEYS, AND EASEMENTS, N TURNER-FAUBUS ADDITION TO THE CITY OF FAYETTEVILLE, ARKBNSAS. WHEREAS, there has been duly presented to the City Council of the City of Fayetteville, Arkansas, a plat known as Turner-Faubus Addition to the City of Fayetteville, Arkansas, and being a part of the Southeast Quarter of the Northwest Quarter, Section Eight, Township 16 North, Range Thirty West, by which the owners of the platted real estate have dedicated for the public use the streets, alleys, and easements, shown upon said plat; and WHEREAS, the City Planning Commission of the City of Fayetteville, Arkansas, has recommended the acceptance of said plat. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL -OF THE CITY.OF FAYETTEVILLE, ARKANSAS: Section 1. That _the City of Fayetteville, Arkansas, hereby accepts and confirms the ecication of all streets, alleys, and easements, dedicated in Turner-Faubus Addition to the ity of Fayetteville, Arkansas, and hereby declares said streets, alleys, and easements, o be public streets, alleys, and easements;, and the said City Council.hereby assumes the are control and jurisdiction of the same. 1 Z x r1 U • 293 - i Ordinnnce 1191 (Continued) Section 2. That this Ordinance shall take effect and be in force and effect from and after its passage, approval and publication. DATED this 24th day of March, 1958. APPROVED: ATTEST: I�AUSTINA' R H MAYOR GEORGFJJAV1Sq CITY CLERK The City Clerk then presented a deed from Mr. & Mrs. T. I. Abshier to the City,for a T.I.Aba ier strip of land 530 feet long and 50 feet wide and located in the north part of the City Deed. to be used for street purposes. After a brief discussion, Alderman Williams moved to refer this to the Street Committee and City Engineer for study and approval. The motion was seconded by Alderman Lunsford and passed unanimously. The City Attorney than presented a plat showing a Re -Plat of a portion of the Sub -Divas ion known as Crestwood Acres, which had been approved by the Planning Commission. Re -flat of After a brief discussion, Alderman Smith moved that the plat be accepted. part of The motion was seconded by Alderman Burgin and passed unanimously. Crestwood Acres. The City Attorney then read a proposed ordinance entitled,"AN ORDINANCE TO ACCEPT AND CONFIRM THE DEDICATION OF ALL STREETS, ALLEYS, AND EASEMENTS, IN THE RE -PLAT OF LOTS FIVE (5) AND SIX (6)9 CRESTWOOD ACRES ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS". After a brief discussion, Alderman Smith moved that the Ordinance be passed. The motion was seconded by Alderman Burgin and passed unanimously, whereupon the Mayor declared the Ordinance passed. ORDINANCE NO. 1162. JAN Ord. No. IN ORDINANCE CONFIRM CRESTWOODLACRESEADDITION TO�THE CITY OFPiTS, 11621 FAYETTEVILLE, ARKANSAS. WHEREAS, there has been duly presented to the City Council of the City of Fayetteville, Arkansas, a plat known as, "Re -Plat of Lots Five (5) and Six (6) Crestwoo Acres Addition to the City of Fayetteville, Arkansas", and being a part of the Northeas (NE 1/4) Quarter of the Southeast Quarter (SE 1/4) of Section Ten (10), Township Sixtee (16) North of.Range Thirty (30) West of the 5th Principal Meridian, by which the owners of the platted real estate have dedicated for the public use the streets, alleys, and easements, shown upon said plat; and WHEREAS, the City Planning Commission of the City of Fayetteville, Arkansas, has recommended the acceptance of said plat. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City of Fayetteville, Arkansas, hereby accepts and confirms th dedication of all 'streets, alleys,'and easements, dedicated in the Re -Plat of Lots Five (5) and Six (6), Crestwood Acres Addition to the City of Fayetteville, Arkansas, and hereby declares said streets, alleys, and easements, to be public streets, alleys, and easements; and the said City Coundil hereby assumes the care, control, and jurisdiction of the same. Section 2. That this Ordinance shall take effect and be in force and effect from and after its passage, approval, and publication. DATED this 24th day of March, 1958, APPROVED: ATTEST: E , J. AUSTIN PA SH, MAYOR G C ITY MRK t'. The Water Superintendent stated that the City and Dr. Nolon Helstern had lost a lawsuit Water Supt, in Chancery Court with the North 71 Highway Water Line and The North 71 Highway Water explains the Association on March 189 1958. situationlof He asked to acquaint the Council with the background of the water line leading up N.Hiway 71 the law -suit. He said that about 9 private water lines outside the City Limits remain Fater Line and under contract with the City, one of which , the line under discussion was one of them. N: Hiway 71 He said that the first part of this water line was constructed by the North 71 Association. Hitghway Water Line. It consisted of 1400 feet of 6 inch pipe and one fire hydrant, beginning at the City Limits at the junction of Township Road and extending north on U. S. Highway 71, and that the cost of the work was $3,500.00. The City entered into a contract for furnishing and operating this 1400 feet of water line. : A group of people then decided they wanted to build a 4 inch and a 2 inch water line by joining the 1400 feet of six inch water line and extend north on U. S. Highway 71 a distance of 5500 feet. In discussing this with the City, the City Council agreed t permit this group to construct this, providing it be constructed of 6 inch pipe and th the City would pay the difference in the cost of their original plan and the 6 inch p1bp It was also agreed that the City would handle the letting of the contract and the pay- ments due the contractor. Thetotal cost of the construction was a little more than $11,000.00, of which the:City paid a little less than $5,000.00 of the cost and the gro of people organized as the North 71 Highway Water Association, paid about $6,200.00. The City paid about 44% of the total cost of the construction of the 5500 feet of 6 ine water line. A contract was made between the North 71 Highway Water Association and the City wi one of the provisions being that the City had the right to use the water line for trans mission, for looping mains, and other transmission improvements. The contract further provided that the Association had a right to sell 35 water taps at $200.00 each to others not a party to the agreement. The Water Association issued Water Right Certifi- cates to its paid membership on the basis of one certificate for $200.00 paid in. These certificates totaled 32 and were negotiable and some of the individuals sold or traded these with the sale of property 294. er ns 71 , etc. ineer r o provision was made in the contract with the Association for the issuing of these negol iable:certificates to the membership of the Association. On this basis, the Association) nd its members could ultimately recover $7,000.00 in sale of the 35 taps by the Associa- ion and $6,400.00 by the sale of the water rights certificates by individual members, aking a total of $13,400.00 in addition to a reserved tap to each of the 14 members of he Association. In entering into a contract with Dr. Nolon Helstern to connect a 6 inch line near he end of the 5500 feet of water line of the Highway 71 North Water Association and xtending it east approximately.800 feet to serve a water distribution system to serve a ub-division development, the City took into consideration, the provisions of the contract hick permits the use of the 5500 feet of 6 inch water line for transmission purposes, ogether, with the fact that the sub -division was located some distance from the highway here the 5500 feet of water line of the Association is located and the contract would in o way jeonardize or deny the fulfillment of the contract with the Association, e contendA%b a right in this interpretation, however the court ruled against the City on his. The Water Superintendent gave a number of examples of heavy losses of water from reaks in mains of provate Water lines outside the City and stated that the City was osing money on these lines. He also stated that, even though contracts for water service o private lines outside the City called for the owners to maintain these lines, that onditions which develop during the life of the lines makes it necessary for the City to aintain them. He offered the following recommendations for the Council to give serious thought nd study: 1. The increasing of water rates to consumers on private water lines outside the City o double that of those inside the City. 2. The increasing of the tapping charges on private water lines outside the City to pproximately 50% above those inside the City. That the recent rate study made by r. W. R. Holway, Engineer of Tulsa, Oklahoma, revealed that we were losing money on ater taps. 3. That the Council authorize the City Attorney to appeal the Court Case to the rkansas Supreme Court for the reason that , regardless of the outcome, any decision ould materially influence future plans and operations of the Water Department in ealing with outside water line contracts. Alderman Burgin moved that the City Attorney,A. D. McAllister Jr., be and he is herely City atty• directed to prosecute an appeal to the Arkansas Supreme Court from the decision of the to appeal Washington Chancery Court entered March 18, 1958, in the case of North highway 71 Water decision Line and North Highway 71 Oater Association vs The City of Fayetteville and Nolen Helste to and that the Mayor and City Clerk be and they are hereby authorized to execute a Ark.Sup. supersedegs bond in connection with the perfecting of such appeal. Court. The motion was seconded by Alderman Williams and upon roll call the following vote was recorded: "Aye" Barnhart, Smith Burgin, Lunsford, Williams, Hatfield, Kent, and Walker. "Nay" None. There being 8 "Ayes" and No "Nays", the Mayor declared the motion passed. I lderman Smith then moved to refer the other recommendations of the Water Superintendent Ito the Water Committee for study. IThe motion was seconded by Alderman Kent and passed unanimously. The City Engineer presented bid quotations from various companies for Water Works Supplies needed by the City to extend a water line to the site of the Baldwin Piano Co. ids and he recommended the purchase of the material from the low bidder as listed below;, n ter 8200 feet of MJ 8 inch pipe @ $2.64 per foot, and 1500 feet of MJ 10 inch pipe @ $3.47 rks per foot from the Lone Star Steel Co. pplies. 10 Mueller Improved Fire Hydrants @ $129.60 each from Harry Cooper Supply Co. of Springfield, Mo. �^ 17 six inch valves @ x$51.41 each, 10 eight inch valves @ x"79.73 each, 3 ten inch valves @ X124.25 each, 20 valve boxes @ $10.75 each, from Rohan Co. of Waco, Texas, nd a list of pipe fittings from Harry Cooper Supply Co. of Springfield, Mo. for the hump sum of $p863.116 (Alderman Williams moved to accept the recommendation of the City Engineer and purchase (the Water Works 6upplies as stated above. IThe motion was seconded by Alderman Walker and passed unanimously. (There being no further business, Alderman Walker moved to adjourn. The motion was seconded by Alderman Kent and passed unanimously, whereupon the Mayor declared the Meeting adjourned. APPROVED: TTEST: ALUSTIN PARIS , MAYO GEORCUEas DAVIS', CITY CLERK 0 r1 U