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HomeMy WebLinkAbout1958-09-24 Minutes341 The City Council of Fayetteville, Arkansas, met in regular session on Wednesday, September 24, 1958, at 7:30 P. M. • 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 meeting on Monday, September 8, 1958, and of the adjourned �aession on Thursday, September 11, 1958, were read and approved. Xmas Mr. Morris Jollier appeared before the Council in regard to the City's share of the Decorations. Xmas Decoration Fund, He suggested that the City donate the same amount as in prior years, kX $650.00. After a brief discussion, Alderman Lunsford moved that the City donate $650.00 as its share of the Xmas Decorations as has been customary in the past. The motion was seconded by Alderman Williams and passed unanimously. (Several members of the Chamber of Commerce appeared before the Council and discussed the (financial problems of the Off Street Parking Facilities, Off Street Mr. Wesley Gordon reported that the Merchants Parking Ass6ciation had agreed to guarantee Parking. the City against loss, if any, on the proposed Off Street Parking Facilities up to 35% of the lease price and that they already have $400, per month subscribed provided the ;Fulbright Investment Co. property can.be purchased at the same time as the Byrnes property. The Mayor reported that -the two lots located in the rear of Guisinger's Music Store and owned by Messrs. Ed Poore and Bill Dalton can be leased for $175.00 per month or they scan be purchased for $29,500. Alderman Burgin moved to refer this problem to the Off Street Parking.Committee. The motion was seconded by Alderman Smith and passed unanimously. North Maxwell group of property owners on North Maxwell Drive appeared before the Council with a Drive I -request that the new sewer line be laid along the back of their property instead of the Sewer line 'front. They stated this would coat less money and that easements would be granted by the discussed.ggroperty owners for the sewer line. After a long discussion, Alderman Williams moved that this be referred to the Sewer Engi- neer, City Engineer, and Sewer Committee. $7509 for The motion was see6aded by Alderman Smith and passed unanimously.' repairs Wilson Ave. Alderman Lunsford reported that the Street Committee had investigated the existing condi- Bridge and `tions at the bridge on Wilson Avenue and the Lee Skelton property and a majority of the Lee Skelton Street Committee made recommendations as follows: property: 11. We recommend that the gravel, debris and obstructions be removed from creek bed for a distance to be determined by the City Engineer. 2. We recommend that the gravel, debris and obstructions be removed below the bridge as afar as the City Engineer directs or to the point where the stream flows in a northerly ;direction, and shore up North Wing Wall below bridge and install apron at.spillway. 3. We recommend that the City Engineer draw up plans, specifications and conditions for proposed wall, and that the City participate in a financial way to the extent of &63 of the cost of proposed wall, provided however, that the City's share does not exceed the lsum of $750.00. This cost to be established by receiving at least 3 sealed bids as per plana, specifications and conditions as drafted by the Uity Engineer. Also to be included in these plans is to do repairs to the bridge in such a manner that the water will be directed away from sewer line!at west and of property. Ifter a brief discussion, Alderman Hatfield moved to accept the recommendation of the Street Committee and do the work as outlined above. The motion was seconded by Alderman Williams and upon roll call the following vote was recorded: "Aye" Burgin, Lunsford, Williams, Hatfield, and Kent. "Nay" Barnhart, Smith land Walker. There being five "Ayes" and only three "Nays", the Mayor declared the motion AlderAlderman man Kent reported that the Finance Committee had approved the bills and he moved they be allowed as approved. The motion was seconded by Alderman Burgin and passed unanimously* lderman Williams reported that the City Attorney had worked out an agreement with the Agreement lattorneys for Dr. Helstern and The North Highway 71 Water Line and the North Highway 71 with North Water Association, subject to Council approval. Hiway 71IWater Water a brief discussion, Alderman Burgin moved that the recommendation of the City Line and The Attorney and City Water Superintendent to effect a settlement of the litigation in the North Hiway 71 (case of North Highway 71 Water Line, a Voluntary Association Composed and Consisting of Water Asa'a. Charles Graue, J. W. Cohea, Ira Hammond, 17Jack Wilkinson, T. C. Wadley, Mrs. Virginia Millsap, and.C.L.Andrews, and North Highway 71 Water Association, a Voluntary Association Composed of O.L.Andrews, Ira Ha mond, Carroll Wadley, Rath Gilbert, Virgie Millsap, Carll ,Tune, J.W.Cohea, John W. Ferguson, Nolon Helstern, C. W. Bond, Elo Michaelis, James D. iWilson, Jack Wilkinson and Mrs. Aud-py L. Fullington, vs The City of Fayetteville, Arkansas s municipal corporation, and Nolon Helstern, now on appeal to the Arkansas Supreme Court be approved, and the City Attorney be authorized to effect such settlement as follows. (1)Payment by the City to North Highway 71 Water Line and North Highway 71 Water Associai tion of the sum of $5,672.50 in exchange for a bill of sale conveying title to the City to the 1400 feet and 5500 feet six inch water main involved in the litigation, together with all hydrants, valves, and appurtenances thereto, and all branch water linea attached thereto with the exception of the water line constructed by Dr. Nolon Helstern; (2) Issuance by the City to members of North Highway 71 Water Association of fourteen(14) water certificates for the benefit of bearer upon surrender for cancellation by the holder thereof; and (3) Appropriate arrangements for cancellation of existing contracts between the City and the two Associations, and dissolution of said Associations; it being understood that the City's Agreement to settle upon the above terms is conditioned upon payment of the sum of 1,900.00 to the Associations by Dr. Nolon Helstern, and it is further conditioned that the settlement be accepted by Dr. Nolon Helstern and said two Associations within thirty •`' (30) days from date, and that the Mayor and City Clerk be authoriged to execute such instruments as may be required to effect settlement as outlined. The motion was seconded by Alderman Williams and passed unanimously. 342 m (Alderman Barnhart reported that the.Sanitation Department was overdrawing every month Sanit- and in view of this fact the City Controller had made the following recommendations: ation (1) Close the Sanitation Fund to the General Fund and classify the operation of the Sanil I& tation.Department,as•a function of public health. • Street Fund (2) Combine the operations of the Street and Sanitation into one department that could be Combined, referred to as the Public Works Department. After a long discussion, Alderman Barnhart moved to accept the second proposal as outlinld above combining the Street and Sanitation into one department. The motion was seconded by Alderman Burgin and passed unanimously. In a letter dated September 23, 1958, the City Controller presented the balances of the Water and Sewer reserve funds for Council approval of the disposition of the funds. To Each of the fund balances listed below were in accordance with the requirements of the old bond ordinances. Transfer Item Cash in Invested in Bond Funds, Number Fund Name Bank U.S. Bonds 1.' 48 W.W. Revenue Bond Fund $290805.21 $420000.00 2. 52 W.W'. Revenue Bond Fund 170107.14 33,000.00 3: 46 Bond and Interest Fund 79835.74 82000.00 4. 52 Emergency Fund 259000.00 5. Water and Sewer Depreciation Fund 43,209.39 Alderman Kent moved that Items 1, 20 and 3 be transferred to the Construction Fund and that Items 4 and 5 be transferred to the Reserve Fund as required by Ordinance No. 1166 and the investment in Government Bonds be transferred to Waterworks & Sewer Revenue Bond Fund as a part of the Reserve Fund as per Ordinance No. 1166. The motion was seconded by Alderman Burgin and passed unanimously. Mayor authori- The City Controller recommended that the Council authorize the Mayor and City Clerk to zed to execute an agreement with the bank to keep construction funds invested as set out in execute Section 29, Ordinance No. 1166. agreement Alderman Burgin moved to accept the above recommendation of the City Controller. with The motion was seconded by Alderman Barnhart and passed unanimously. bank. Alderman Smith then moved to authorize the Mayor and City Controller to invest the Mayor & Waterworks Sewer Revenue Bond Funds as set forth in Section 29, Ordinance No. 1166. Controller (The motion was seconded by Alderman Kent and passed unanimously. to )invest `cam Bond Funda.Alderman Kerit then moved to purchase s National Analysis Machine for use in the Business Analysis Office. 4 ; machine The motion was seconded by Alderman Walker and passed unanimously. ,v purchased. The City Attorney then read a proposed ordinance entitled,"AN ORDINANCE AMENDING SECTION 3 OF ORDINANCE N0.1111 ESTABLISHING ONE-WAY STREETS, TRAFFIC AND PEDESTRIAN CONTROL LIGHTS AND PARALLEL PARKING; PROVIDING FOR ENFORCEMENT; AND PRESCRIBING PENALTIES FOR THE VIOLA Ordinance TION OF ITS PROVISIONS AND FOR OTHER PURPOSES, PASSED AND APPROVED JULY 239 1956." Noel 1180 jAlderman Hatfield moved that the ordinance pass. The motion was seconded by Alderman Williams and passed unanimously, 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. 1180. AN ORDINANCE AMENDING SECTION 3 OF ORDINANCE Noe 1111 ESTABLISHING ONE-WAY STREETS, TRAF IC 1AND PEDESTRIAN CONTROL LIGHTS AND PARALLEL PARKING; PROVIDING FOR ENFORCEMENT; AND PRESCRIBINq PENALTIES FOR THE VIOLATION OF ITS PROVISIONS AND FOR OTHER PURPOSESy PASSED AND APPROVED JULY 23, 1956. I BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE# ARKANSAS: Section 1. That Section 3 of Ordinance No. 1111, passed and approved July 23, 1956, be and the same is hereby amended to read as follows, towit: KSECTION 31t In accordance with Sections 1 and 2 above and when properly signposted, traffic shall move only in the direction. indicated upon the following parts of streets; Description of Part of Street Direction of Traffic Movement Center Street from College Avenue to Church Avenue West Mountain Street from Church Avenue to College Avenue East as Avenue from Mountain Street to'Dickson Street North Block Avenue from Dickson Street to Rook Street South Section 2. All existing ordinances or parts of ordinances of the City of Fayetteville, Arkansas, are hereby repealed insofar as, they may be inconsistent with the provisions ofl this ordinance, and it appearing that this action is necessary to relieve vehicular traffic congestion in the vicinity of the public square 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 24th day of September, 1958. APPROVED: ATTEST" o —GEORGE S, CITY UE� R�— There being no further business, Alderman Williams moved to adjourn.The motion was seconded by Alderman Kent and passed unanimously, whereupon the Mayor declared the meeting adjourned. • APPROVED: ATTEST: 44 Zdz2l) 64a�114 AUSTIN PARISH, MAYOR GEORG J. DAVISs CITY CLERK