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HomeMy WebLinkAbout1958-08-26 MinutesX32 he City Council of Fayetteville, Arkansas, met in special session on Thursday, August 958, at 12:00 Noon, in the dining room of Ferguson's Cafeteria in Fayetteville. resent: Mayor J. Austin Parish, City Attorney A. D. McAllister Jr., and Aldermen: arnhart, Smith, Burgin, Lunsford, Williams, Hatfield, and Walker. bsent: City Clerk George J. Davis and Alderman Dale Kent. n the absence of City Clerk George J. Davis, the City Attorney A. D. McAllister Jr. cted as Hlerk. he Mayor reported that the purpose of the meeting was to discuss the matter of public ale of the 1958 Water and Sewer Revenue Bonds and to consader the purchase of real state on the Western Methodist Assembly Grounds for the location of an elevated water ank and related facilities, and that all members of the Council had been notified both y letter and by telephone. he Council discussed with Mr. Pete Raney, Financial Advisor for the City, certain matte: ertaining to the scheduled sale of the 1958 Water and Sewer Revenue Bonds. o action was taken by the Council. here followdd a discussion of the question of the City's alleged liability for damages o the Lee Skelton property on Wilson Avenue and the matter of acquiring real estate rom the Western Methodist Assembly for the erection of an elevated water tank. o action was taken by the Council. he purpose of the meeting having been accomplished, the MT r declared the meeting APPROVED: � djourned. � // , 4 i TTEST: D. McALETSTER JR., ACTING RK he City Council of Fayetteville, Arkansas, met in regular session on Tuesday, August 26 958, at'7:30 P.M. resent: Mayor J. Austin Parish, City Clerk George J. Davis, City Controller Albert J. ones, City Attorney A. D. McAllister Jr., City Engineer W. C. Smith, Chief of Police earl Watts, Fire Chief Burl Skelton, and Aldermen: Barnhart, Smith, Burgin, Lunsford, illiams, Hatfield, Kent, and Walker. Absent: None. he minutes of the regular meeting on Monday, August 11, 1958, and of the special meetin€ Fire truck The Mayor reported that the Street Department wished to purchase the old fire truck and to be kept he recommended that the transfer be made,with the Fire Department keeping the fire equip• by ment on the truck,and that $500..00 be transferred from the Street Department Funds to thi Stj Dept. General Funds. Aderman Hatfield moved to authorize the transfer of the old fire truck to the Street Department, as recommended by the Mayor, and to transfer Aqp500.00 from the Street Depart- ment Funds to the General Funds, also that the Fire Department keep the Fire Equipment of .the old truck. The motion was seconded by Alderman Walker and passed unanimously. F More Attorney David Burleson and Mr. Lee Skelton appeared before the Council in regard to the about damage caused by high water to Mr. Skelton's property located on Wilson Avenue with eelSkelton reference to Mr. Skelton's proposal which was discussed at the last regular meeting of property. the Council. After a long discussion, Alderman Kent moved that the Mayor, City Attorney, City Engineer, and Street Committee meet with Attorney Burleson and Mr. Skelton and discuss a solution to this problem. The motion was seconded by Alderman Lunsford and upoi roll call the following vote was recorded, "Aye" Lunsford, Williams, Hatfield, Kent, and Valker. "Nay" Barnhart and Smith. Not Voting: Burgin. There being five "Ayes" and only two "Nays", the Mayor declared the motion passed. • Thursday, August 14, 1958, were read and approved. Deeds I Mr. Ed McClelland appeared before the Council with the necessary deeds for the proposed accepted street in the Northeast part of the City running west from the Old Wire Road and which for right had been• discussed at the last regular meeting. He also had the deeds for the 80 ft. o way (turn -around at the West end of this proposed street. for street After a brief discussion, Alderman Smith moved to accept these deeds and instruct the pirpose. City Clerk to have them recorded -..byh the Circuit Clerk. The motion was seconded by A4lderman Burgin and passed unanimously. Alderman Kent reported that the Finance,Committee had approved the bills and moved they be allowed as approved. The motionwas seconded by Alderman Burgin and passed unanimousli Proposed ice, &a Ord. he City Clerk then sj ? a�proftosed ordinance, which had been recommended by the City 'AN left on ullding Inspector, entitled: ORDINANCE AMENDING A PART OF SECTION Ia OF ORDINANCE Ilst qO,1120, PASSED AND APPROVED DECEMBER 1791956, PROVIDING FOR FIRE LIMITS, AND REGULATION: Reading. OVERNING THE CONSTRUCTION, ALTERATION, REMOVAL, DEMOLITION, EQUIPMENT, AND MAINTENANCE OF BUILDINGS AND STRUCTURES:" after a brief discussion, Alderman Lunsford moved that the ordinance be placed on its first reading. The motion was seconded by Alderman Kent and passed unanimously. The City Clerk the read the ordinance in its entirety for the first time and it was left on its first reading until the next meeting. City The City Engineer reported that -an inspection by the Insurance Adjuster, accompanied by Buildings Mr, Bert Oxford of the Allied Roofing Co. of Fayetteville, of all city owned roofs after to have the hail storm of July 11-12, 1958, revealed damages to the amount of $858.00 of which roofs the insuranced companies would pay $703.75 toward this cost, the difference being amount: repaired. allowed for depreciation. Also that it was desired to secure a much better roof on the Damage dity Park Swimming Pool Office and the City Park caretaker's residence than that providee caused above. Mr. Oxford agreed to put on a 3 ply built up roof covered with gravel with a 10 yi by hail. guarantee on.these two buildings for an addidional amount of $142.22, making the total cost for all the repair work and the better roofs on the two City -Park Buildings amount I o $1000.22. Damages were allowed on 15 city buildings including the City Shop, Fire Station No.l, City Park, and several Water Department Buildings. After a brief discussion, Alderman Hatfield moved to accept the offer of Mr, Bert Oxford to do the wbrkeoutlined above and that the City Engineer check this work; also that the additional -amount be paid out of the respective city funds. The motion was seconded by Alderman Walker and passed unanimously. Fire truck The Mayor reported that the Street Department wished to purchase the old fire truck and to be kept he recommended that the transfer be made,with the Fire Department keeping the fire equip• by ment on the truck,and that $500..00 be transferred from the Street Department Funds to thi Stj Dept. General Funds. Aderman Hatfield moved to authorize the transfer of the old fire truck to the Street Department, as recommended by the Mayor, and to transfer Aqp500.00 from the Street Depart- ment Funds to the General Funds, also that the Fire Department keep the Fire Equipment of .the old truck. The motion was seconded by Alderman Walker and passed unanimously. F More Attorney David Burleson and Mr. Lee Skelton appeared before the Council in regard to the about damage caused by high water to Mr. Skelton's property located on Wilson Avenue with eelSkelton reference to Mr. Skelton's proposal which was discussed at the last regular meeting of property. the Council. After a long discussion, Alderman Kent moved that the Mayor, City Attorney, City Engineer, and Street Committee meet with Attorney Burleson and Mr. Skelton and discuss a solution to this problem. The motion was seconded by Alderman Lunsford and upoi roll call the following vote was recorded, "Aye" Lunsford, Williams, Hatfield, Kent, and Valker. "Nay" Barnhart and Smith. Not Voting: Burgin. There being five "Ayes" and only two "Nays", the Mayor declared the motion passed. • The City Attorney read a proposed contract between the City and Mr. Wade Fincher which Contr ct with would permit Mr. Fincher to lay the sewer lines in the Fincher Addition and provide a •Wade Fi cher way of reimbursing him for the expenses incurred. about s wer After a long discussion, during which the City Engineer explained the proposed contract, lines in Alderman Walker moved that the Water Superintendent be and he is hereby authorised to Fincher 30ub- enter into a contract with Mr. Wade Fincher to provide sewer service to the housing Divisio . development currently under construction in Fincher Sub-Division in the city of Fayette- ville,Arkansas, after the formal contract read by the City Attorney is amended so as to, (1) Obligate Wade Fincher to execute and deliver to the City, easements of definite and specific widths. (2) To provide for the total actual cost for the sewer mains, manholes and appurtenances thereto installed. (3) Obligate Wade Fincher to pay 30% of the cost of the main from the 21 inch outfall sewer to McClinton Street in the event the Federal Government refuses to participate in the cost of this section of sewer mains. The motion was seconded by Alderman Williams and passed unanimously. Four dee s The City Attorney reported that he had examined the four deeds presented to the City by for land Mr. & Mrs. Howell E. Leming Sr. and Howell E. Leming Jr., Mr. & Mrs. E. J.-Ball, and accepted. Mr. & Mrs. Floyd Lee Williams Jr. and found them to be all right; also that the abstr&ct had been brought up to date. The total area of the land covered in the four deeds is approximately one acre and located in Waneetah Heights Addition. Alderman Walker moved to accept these four deeds and authorize the City Clerk to have them recorded. The motion was seconded by Alderman Barnhart and passed unanimously. The City Attorney then read a proposed ordinance entitled,"AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE ST; LOUIS-SAN FRANCISCO RAILWAY COMPANY AND THE Ordinan e CITY OF FAYETTEVILLE, ARKANSAS, COVERING THE EXCAVATING FOR, LAYING, CONSTRUCTION, No.1173 MAINTAINING, OPERATION AND REPAIRING OF A TWELVE INCH SEWER PIPE LINE CROSSING UNDER THE RIGHT OF WAY AND TRACTS OF SAID RAILWAY COMPANY." Alderman Williams moved that-�+��..� the Ordinanee be passed. The motion was seconded by Alderman Smith and passed unarP3mously, whereupon the Mayor declared the Ordinance passed. Alderman Kent then moved that the emergency clause be adopted. The motion was seconded by Alderman Walker and passed unanimously, whereupon the Mayor declared the emergency clause adopted. ORDINANCE NO. 1178, AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY AND THE CITY OF FAYETTEVILLE, ARKANSAS, COVERING THE EXCAVATING FOR, LAYING, CONSTRUCTION, MAINTAINING, OPERATION AND REPAIRING OF A TWELVE INCH SEWER PIPE LINE CROSSING UNDER THE RIGHT OF WAY AND TRACTS OF SAID RAILWAY COMPANY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the Mayor, J. Austin Parish, and City Clerk George J. Davis, be and they are hereby authorized to execute an agreement with the St. Louis-SanyFrancisco Raili way Company covering the excavating for, laying, constructing, maintaining, operating, and repairing of a twelve inch sewer pipe line crossing under the right of way and tracks os said railway company, said crossing to be at the following described location: ' Commencing at the intersection of the southerly right of way line of Railway and the east line of Northwest Quarter of Northwest Quarter of Section 21, Township 16 North, Range 30 West, Washington County, Arkansas; thence westerly on a curve to the right with a radius of 1482.69 feet measured along said right of way line, being parallel with and 50 feet perpendicularly distant from the center line of old 0 & CC main track(presently main switch lead track) of Railway a distance of 350.feet for a point of beginning; thence northwesterly with an angle to the right 48 degrees and 15 minutes a distance of 14 feet to a manhole; thence northerly with an angle to the right of last described course 41 degrees and 45 minutes crossing under old 0 & CC main track aforesaid a distance of 60 feet to a manhole; thence northwesterly with an angle to the left of last described course 71 degrees and 00 minutes a distance of 88 feet to a point in the northerly right of way line of Railway;. thence continuing on last described course crossing under private property a distance of 80 feet to a point in the easterly right of way line of Railway; thence continuing on last described course crossing under right of way and main track of Railway a distance of 150 feet to end. SECTION 2 That all ordinances and parts of ordinances in conflict with this ordinance are hereby repealed and this action being necessary for the public health, safety, order; comfort and convenience within the City of Fayetteville, Arkansas, an emergency is hereby declared to exist and this ordinance shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED this 26th day of August, 1958. APPROVED: ATTEST: S PA I ., 0 GEORGE VAVIS, CITY CLERK Bldg. Insp. The City Building Inspector presented a copy of the written report of the condition of gave report the electrical wiring in the City Hospital to each member of the Hospital Committee. of eledtric This report was the result of inspections made at the City Hospital by the Southwestern wiring at Gas & Electric Co. of Fayetteville, and the City Building Inspector. Cit He suggested that the Hospital Committee and the Building Inspector meet with represent- Hospital. atives of the Southwestern Gas & Electric Co. in the near future to determine what shall be done to correct the situation. 0 336 Lai di; as COT N suit The City Attorney reported that there was a possibility that the lawsuit of the North cussed Highway 71 Water Line and The North Highway 71 Water Association'VS The City of Fayetteville, to �rkansas, and Dr. Helstern could be settled without going to the Arkansas State Supreme promise. Court. {after a long discussion, Alderman Kent moved that the Water Committee, City Engineer, and City Attorney meet with Dr. Helstern and his attorney to explore the possibilities of a settlement of the case of the North Highway 71 Water Line and The North Highway 71 Water {association VS The City of Fayetteville and Dr. Helstern. The motion was seconded by Alderman Hatfield and passed unanimously. ecial :scion. -St. Leasede Bonds Sold here being no further business, Alderman Walker moved to adjourn. The motion was sec y Alderman Burgin and passed unanimously, whereupon the Mayor declared the meeting d journed. APPROVED: AUSTIN PARISH, A ttv TTEST: � TAV16t CITY CLERK he City Council of Fayetteville,nArkansas, met in special session on Thursday, August 958, at 1:00 P.M. resent: Mayor J. Austin Parish, City Clerk George J. Davis, City Controller Albert J. ones, City Engineer IV. Ce Smit%i,City Attorney A. D. McAllister 'Jr., and Aldermen:Lynn mith, Ellis Burgin, Webb Williams, Herbert Hatfield, Dale Kent, and Bryan Walker. bsent: Aldermen Ralph Barnhart and Bruce Lunsford. he Mayor stated that the purpose of the meeting was to consider the leasing of certain roperty for Off -Street Parking Facilities and to conduct the auction sale of the 1958 ater and Sewer Revenue Bonds and to make a final decision to accept or reject the lows id on these bonds. fter a long discussion, Alderman Burgin moved that as a second phase in the projected verall program of acquiring additional "Off -Street Parking`'Facilities" within the corpol to limits of the City of Fayetteville, Arkansas, that the Mayor and City Clerk be and hey are hereby authorized to execute a lease agreement with The Fulbright Investment Co, hereby the City would lease for "Off -Street Parking" certain real estate located in the ear of J. C. Penney Co., on the South side of the Square for a period of, up to,25 year; t an annual rental of Ap2,000.00 per year plus the taxes and with an option to purchase fter the expiration of two -years on condition, however, that an association of local erchants interested in underwriting a percentage of the total annual net loss, if any, hich might be sustained by the City in connection with the maintenance and operation of aid parking facilities, ente5 into a satisfactory agreement with the City for such ndertaking. he motion was seconded by Alderman Williams and passed unanimously. he Council then recessed at 2:00 O'clock P.M. to reconvene in the Hospitality Room of he Arkansas Western Gas Co. where the Mayor announced that pursuant to prior advertise- ents for bids heretofore published, the time had arrived to sell at public auction, the 958 Water and Sewer Revenue Bonds. Thereupon the Mayor called upon Mr. Dallas P.(Pete) aney, financial advisor for the City, to conduct the public auction sale of the bonds nd requested the City Clerk to tabulate the bids. t 3:45 O'clock P.M., Mr. Dallas P.(Pete) Raney, Financial Advisor for the City, reporter hat Stephens, Inc., Little Rock, Arkansas, had submitted a low interest rate bid of .3437 per cent. fter discussion and consideration of the low bid offered, Alderman Hatfield made a otion, seconded by Alderman VJilliams, that the City of Fayetteville, Arkansas, offer to ell the bonds to Stephens, Inc., at an average interest rate of 4.30 per cent with the onds to be delivered on or before October 1,1958, and that the Mayor and City Clerk be nd they are hereby authorized to sign the acceptance. he motion was passed unanimously. Stephens, Inc.,then accepted this offer. lderman Hatfield then moved that the Council extend a vote of Thanks to all the bidders iz. Stephens, Inc., Hill -Crawford Co., Rauscher -Pierce Co., Dabbs -Sullivan Co., as well s to the local bankers, and others for their interest in the public auction sale of the onds. The motion was seconded by Alderman Burgin and passed unanimously. e being no further business, the meeting was adjourned._ �� :1,�,� UEO:. - SIR CLERK APPROVED: i� %AMA JI1 / Vi I -0 ` .O: P E 0