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HomeMy WebLinkAbout1959-04-06 Minutes• 11 Meeti Another full til fireman be hire Purcha Radar. Anoth to be on Pol Force t vacancy S'anita 381 The City Council of Fayetteville, Arkansas, met in regular session on Monday, April 6, ar 1959, at 7:30 P.M. g. 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 Wattsi, Fire Chief Burl Skelton, and Aldermen: Barnhart, Smith, Burgin, Lunsford, Hatfield, Kent, and Walker. Absent: Alderman J. E. McClelland at this time but he entered later in the meeting. The minutes of the regular meeting on March 16, 1959, end of the special meetings on March 26, 1959, and April 1, 1959, respectively, were read and approved. Alderman Kent reported that tln Finance Committee had approved the bills and moved they be allowed as approved. The motion was seconded by Alderman Lunsford and passed unanimously. Alderman Burgin, as Chairman of the Police and Fire Committee, reported that another pd. full time paid fireman was needed to work the vacations and sick leave of the other full time paid firemen. After a lengthy discussion, Alderman Burgin moved tb.authorize the employment of another full time paid fireman at regular full time fireman's pay for working 'the vacations and sick leave of other full time paid firemen. The motion was seconded by Alderman Kent and passed unanimously. A long discussmon was had concerning the purchase of a speed control device to be used of by the P®lice Department, after which a vote was taken on the motion made on March 16, 1959, at the regular meeting of the Council by Alderman Burgin and seconded by Alderman Lunsford which was to approve the recommendation of the Board of Public Affairs and Purchase the speed control device known as Moder S2A Radar Unit from the Kar-Trol Signa Co., Inc., Houston, Texas, and manufactured by Automatiq Signal Division for the sum of x$1,416.10. The motion was passed unanimously. The bids on the Speed control devices are as follows: 1. Kar-Trol Signal Co., Inc., of Houston,Texas, for one Model S2A Radar Unit, manufactured by Automatic Signal Division, with recording instrument for the sum o $1,416.10 No bid on mechanical type instrument and no allowance of our old equipment. 2. Federal Traffic Safety Corp, of Little Rock, Arkansas, for one Monument Enginee ing Co., Patrol Master Model 500.Radar Unit with recording instrument for the sum of 619900.00. No bid on mechanical type instrument and no allowance for our old equipment. 3. Muni Quip Corp. of Decatur, Illinois, for one Muni Quip Corp. Model 204A Radar Unit with recording instrument for the sum of $12870.00. Less trade for our old equipment of $290.00, making a net cost to the City of $1,580.00 Also a bid of $485.00 for a new mechanical speed instrument Muni Quip Model 109A less $85.00 trade for our old similar instrument, making a net cost to the City of $400.00. man red The Chief of Police reported that another man would be employed by the Police Dept. to e take the place of Radio Operator Marion Bayles who is now on the retired list because o fill sickness. No Council action was necessary. Alderman Lunsford moved that the Sanitation Ordinance, which had been left on the first reading on February 16, 1959, be placed ori its second reading. n The motion was seconded by Alderman Barnhart and passed unanimously. The City Clerk then read the Ordinance in its entirety for the second time. Alderman Lunsford then moved that the rules be suspended and the Ordinance placed on it. third and final reading. The motion was seconded by Alderman Smith and passed unanimously. The Ordinance was then read for the third and last time. The Mayor then declared the Ordinance open for discussion. There being no discussion, the Mayor asked the question, "Shall the Ordinance pass"? Upon roll call the following vote was recorded, "Aye's Barnhart, Smith, Burgin, Lunsford, Hatfield, Kent, and Walker. "Nay" None. There being seven "Ayes" and -No "Nays", the Mayor declared the Ordinance passed. Alderman Lunsford then moved that the emergency clause be adopted. The motion was seconded by Alderman Burgin and passed unanimously, whereupon the Mayor declared the emergency clause adopted. ORDINANCE N0, 1194 AN ORDINANCE PROVIDING FOR THE COLLECTION, REMOVAL, AND DISPOSAL OF GARBAGE AND TRASH WITHIN THE CITY OF FAYETTEVILLE, ARKANSAS; ASSIGNING A TITLE, DEFINING TERMS; REQUIRING ALL OWNERS, OCCUPANTS, TENANTS OR LESSEES OF RESIDENCES, COIvMERCIAL, PUBLIC OR PRIVATE INSTITUTIONS, BUSINESS ESTABLISHMENTS, OR OTHER BUILDINGS WITHIN THE CITY OF FAYETTEVILLE ARKANSAS TO PROVIDE CONTAINERS AND RECEPTACLES; FIRING MONTHLY CHARGES TO BE MADE TO OWNERS, OCCUPANTS, TENANTS, OR LESSEES OF BUILDINGS ANDPE'REMISES RECEIVING THE SERVICE; PROHIBITING ANYONE EXCEPT AGENTS OR EMPLOYEES OF THE CITY OF FAYETTEVILLE, ARKANSAS FROM EMPTYING CONTAINERS OR RECEPTACLES OR TRANSPORTING THE CONTENTS THEREOF ON THE STREETS OR PUBLIC THOROUGHFARES OF THE CITY OF FAYETTEVILLE, ARKANSAS WITHOUT A CONTRACT; LEVYING A PENALTY; CREATING A SANITATION DEPARTMENT TO MAKE PERIODIC INSPECTIONS OF BUILDINGS AND PREMISES, AND ALL PLACES WHERE GARBAGE AND TRASH MAY ACCUMULATE AND TO ENFORCE AND ADMINISTER THE PROVISIONS OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; FIXING A PENALTY FOR VIOLATIONS HEREOF; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY; AS AMENDED. WHEREAS, the accumulation of waste, refuse, garbage, trash, and rubbish on the prem- ises of private residences, commercial, public or private institutions, business estab- lishments, office buildings, and in or on the streets and alleys of the City of Fayette villa, Arkansas constitutes a public menace and nuisance and greatly increases the danger of the spread of infectious, contagious and epidemic diseases, and WHEREAS, it is imperative for the preservation of health, safety, sanitation, peace and public welfare that proper and adequate regulations be adopted to require property owners, tenants, occupants or lessees to secure containers and receptacles of sufficien size and material in which to deposit waste, refuse, garbage, trash, and rubbish for colledtion and removal at regular intervals, and 382 EREAS, it has been demonstrated that the sanitation fees, especially for commercial tablishments as set up in Ordinance 1124 in 1957 are grossly inadequate to meet the sing costs and demands placed on the Sanitation Department, and REAS, the continued deficit operations of the Sanitation Department is detrimental to financial operations of the City of Fayetteville, Arkansas, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKA SECTION 1. TITLE 1. From and after its passage and approval, the short title of this ordinance shall. )e: "SANITATION ORDINANCE OF THE CITY OF FAYETTEVILLE, ARKANSAS." SECTION 2.DEFINITION OF TERMS 1. As used in this ordinance, unless otherwise required by the context: (a) The term "sanitation service" shall mean the collection, removal., and disposal) if waste, refuse, garbage, trash, and rubbish; the insecticidal fogging performed by the, ;ity of Fayetteville, Arkansas, for the control of flies and other insects during the Summer months; and such other functions contained herein that are necessary for the pre- 3ervation of health, safety, peace and public welfare. (b) The term "garbage" shall mean all rejected food waste, and includes all refuse cumulations of animal, fruit or vegetable matter that attends the preparation, use, oking, dealing in, or storage of meat, fish, fowl, fruits or vegetables. (c) owner, occupant, tenant The term "trash" shall mean refuse other than garbage, such as broken china, ssware, bottles, paper, tin cans, boxes, and similar matter. (d) The term"domestic service" shall mean the collection and removal of garbage r trash from all one -family residences, two-family residences, apartments, apart - houses, rooming houses, and boarding houses. (e) The term "commercial service" shall mean the collection and removal ofarbage nd/or trash from all commercial, public, or private institutions, fraternity and/or orority houses, business establishments, office buildings, and any or all other building r portions thereof, occupied and/or used for any other purposes not herein stated. (f) The term "person" shall include natural persons, firms, partnerships, assocma- ions, corporations, organizations, or societies; the masculine shall include the eminine and neuter genders,and the singular the plural. (g)The term "family" shall mean one or more individuals living as a single house- spinunit. Jh) The term "one -family residence" shall mean a building or structure having ace dations for, and occupied by one family. (i) The term "two-family residence" shall mean a building or structure having sep e accommodations for, and occupied as a dwelling by two families. (j) The term "apartment" shall mean a room or suite of rooms arranged,designed or ccupied by a family, and shall also mean a subordinate dwelling occupied as a garage partment or a servant's quarters. (k) The term "apartment house" shall mean a building or structure or portions hereof, or-va'�bui-ld4sgarranged, designed, or occupied by three or more families. (1) The term "rooming house" shall mean a building or structure or portions there here five (5) or more persons are lodged for compensation and no provision is made for coking in any individual room. (m) The term "boarding house" shall mean a building or structure or portions ther here five (5) or more persons are fed, more or less regularly, for compensation. SECTION 3. GARBAGE AND TRASH RECEPTACLES 1i 0 1. Each owner, occupant, tenant or lessee using or occupying any house, building,, ructure, or portions thereof,for a residence, commercial, public or private institution, aternity and/or sorority house, business establishment, office or for any other purpose, all provide and maintain garbage receptacles of sufficient number and size to contain e garbage that will accumulate on the premises. (a) The receptacle or receptacles for garbage shall be portable, with handles,and c tructed of galvanized metal or equivalent in such a manner as to be strong, not easily orr6dible, rodent -proof, fly -proof, water -proof, and shall have a tight -fitting lid or over. NrYhThe receptacle or receptacles for garbage shall be of not less than ten (10) n ore than fifty (50) gallon capacity. (c) No liquid garbage shall be deposited with any garbage or trash. Kitchen garbage nd any or all wet garbage shall be drained of all moisture and wrapped in paper before sing placed in the garbage receptacle. (d) Receptacles for garbage not in accordance with the provisions contained herein 1 have condemnation labels attached and contents will not be collected on the next ice trip following condemnation. 2. Each owner, occupant, tenant or lessee using or occupying any house, building, c ructure, or portions thereof, for a residence, commercial, public or private institution, eternity and/or sorority house, business establishment, office, or for any other purpose shall provide and maintain a container or receptacle for the accumulation of trash,, ani ch container or receptacle shall be of such construction and design that it can be intained in a sanitary condition. (a)If the trash is of such a nature that it cannot be placed in the container or ptacle, it shall be placed beside the contginer or receptacle in bundles or boxes r fifty (50) pounds in weight. • • • 38� Sanitation Ordinance No. 1194 (Continued) (b) No trash container or receptgcle shall be filled to contain more than seventy ve (75) Pounds. (c) All containers or receptacles shall be located and maintained so as not to creat fire hazard, or provide harborage for rodents, or the breeding of insects.. 3. Each owner, occupant, tenant or lessee shall place or cause to be placed, the ;arbage and trash receptacles at a point on the premises where the collectors can cone Lently have access to same, but in no case more than 50 normal steps distant from a ;onvenient stopping point of the collection truck. 4. Garbage and trash may be placed in the same garbage receptacle, providedg that all he provisions contained in this ordinance are complied with. ' on one water meter SECTION 4. DOMESTIC SERVICE AND CHARGES 1. Garbage and/or tbash shall be collected and removed from each of the categories as ontained in Table Number One at least twice each week unless otherwise authorized by th anitation Committee of the City Council, 2. The monthly charges shown adjacent to the respective categories in attached Table ber One shall be the charge for domestic sanitation service. TABLE NO. ONE Description (a) One -family residence normal steps $1.00 (b) Two-family residence on one water meter 2.00 (c;) Two-family residence on separate water meters 1.00 each unit (d) One -family residence and one apartment on one water meter 2.00 (e) One -family residence and one apartment on separate water meters 1.00 each unit. (f) Apartment houses containing three or more units on one water " meter $0.75 ea. unit twice e (g) Apartment houses containing three or more units and each unit on a separate water meter (h) Rooming houses, five(5) or more roomers for compensation (i) Boarding houses five (5) or more boarders for compensation weekly service $1.50 ea. unit for daily service. $0.75 ea. unit for twice weekly service. $1.50 ea. unit for daily service. $0.15 per month per occupant capaci including owner and his family minimum $2.00 $0.20 per month per boarder capacity including owner and his family minimum $3.00 (j) All units in any one apartment house shall be serviced and charged for on the same basis, i.e. either all units on twice weekly service or all on daily service. 3. The monthly charges herein provided for shall be included in the bill rendered monthly to•each user of City Water, or such monthly charges may be billed by any other practicable means of collection, and it shall be the duty of each owner, occupant, ten or lessee to pay the charges herein provided for on or before the 10th day of each mon at the same time and in the same manner provided for the payment of water bills. 4. If the customer chooses to keep his garbage and trash container more than 50 normal steps from a convenient stopping point for the collection truck, he may continue to receive service only by paying an extra $1.00 per month "convenience charge". SECTION 5. COMMERCIAL SERVICE AND CHARGES 1. The basis upon which commercial sanitation charges shall be determined is outl in attached Table Number Two. (a) Eating Places TABLE N0. TWO a. Ice cream and soft cream drive inns $3.00 per mo. b. Ice cream and soft cream drive inn where tables, seats, and/or entertainment $5.00 per mo. c. Tavernrand/or liquor stores $3.00 per mo. d. Restaurants, cafes, etc., open 20 days or more per month " 1. Under 20 chairs (minimum charge) 5.00 per mo. 2. 20 to 30 chairs 7.50 3. 31 to 50 chairs t10.00 4. Over 50 chairs 20.00 " (b) Organized Houses 15 eper month per occupant capacity, minimum charge $3.00 Per Mo. (c) Motels and Trailer Courts, where garbage and trash is located at one central collection point. a. Less than 20 units $4.00 Per Month • b. More than 20 units $7.50 Per Month. c. If garbage and trash is not located at one central collection point, charge dhall be $1.00 per month per unit serviced, with minimum charge for remaining units, if any, in the court computed as set forth in a and b above. (d) Filling Stations and Bulk Oil Plants $3.00 Per Month 384 Sani.tation_Ordinance_No.._1194—(.0 (e) Super Markets Charge based on time spent in servicing as outlined in sect "11', with a rge of $10.00 per month for each super market. (f) Utility Offices a. 9.00 PeoMonth Main Office. b. 4.50t"each warehouse or subsidiary office,•h (g) a. Clinics $10.00 Per Month b. Hospital $30.00 Per. Month. c. Beauty & Barber Shops, 4 or less operators 32.00 Pee Month if brought to street level. More than 4 operators, 3.00 Ho n d. Cleaning & Pressing Shops, $3.00 per month. (h) a. Auto Dealer and Garage $6.00 Per Month b. Repair Garage $3.00 Per Month c. Used 0'ar Lots whether or not a part of another business $2.00 Per'Month. (i) a. Grocery Stores charge based on time spent in serving as outlined in Section "1'I, th minimum charge of $2.00 Per Month. b. Drug Stores charge based on time spent in servicing as outlined in Section "1", with minimum charge of $5.00 Per month. c. Merchants charge based on time spent in servicing as outlined in Section "1", with minimum charge of $2.00 per month. (j) individual Small Offices a.'Street level pickup $2.00 Per Month b. Above street level pickup $4.00 Per Month. (k) Office buildings(all trash at one outside street level location) a•. Each street level business not billed otherwise $3.00 Per Month. b. Plus each additional office not billed otherwise $1.00 Per Month. (1) Any service stop except those specifically classified otherwise above shall be illed on the basis of l V'per minute at stop times number of stops per month with mini- um charge of $2.00 per month. Time shall be determined on basis of average of not less han three stops. (2) The monthly charges herein provided for shall be included on the bill rendered onthly to each user of City Water, or such monthly charges may be billed by any other racticable means of collection, and it shall be the duty of each owner, occupant, tenant r lessee to pay the monthly charges herein provided for on or before the 10th day of ach month at the same time and in the same manner provided for the payment of water bills. SECTION 6. APPEAL FOR ADJUSTMENT OF RATES' I 1. Appeal, for�adjustmenti.. ?rates-aW forth=ifAhis'ordinande may be'directed�_inc- riting at any time to the Sanitarian to be presented to Sanitation Committee for cons®d1 ration at a meeting called for such purpose quarterly. Notice of time and place of such) eeting shall be furnished each complainant in advance. If decision reached by Sanitation ommittee is not satisfactory to the complainant, he may then appeal directly to the ity Council. SECTION 7. CONTRACT TO COLLECT AND REMOVE 1. No person except a duly authorized agent and/,'or employee of the City of Fayettevi rkansas, shall empty garbage and/or trash receptacles, or convey or transport garbage nd/or trash on the streets or public thoroughfares of the City of Fayetteville, Arkansa ithout a written contract with the City of Fayetteville, Arkansas. Z. Any person contracting to collect or garbage or trash within the limits of t ity of Fayetteville, Arkansas, shall deposit everything collected or hauled (except tha art of the garbage intended for livestock feed) on the City disposal grounds where and s directed by the Sanitation Foreman or his deputy and during such time as the grounds re normally open and available for use. 3•. A charge of 20% of the estimated cost to the City for doing the collecting and .auling contracted for, shall be imposed upon the contractor each month payable in advan urther, he shall deposit with the City Business Office the sum of $100.00'to insure pay ent,to the City for any'help he may require in emergencies. Such help, if available ithout disruption of the City's own work, shall be furnished him on request at a cost o 10.00 per hour for each truck and crew. Such charge shall be made against the contracto eposit left at the Business Office. When,and if, the original deposit is reduced by charges against it to $25.00, it hall immediately be brought up again to the original amount or the contract shall be mmediately declared terminated and the City shall take over the work, -imposing such cha s in the opinion of the Sanitation Committee of the City Council, with the advice of th anitarian, and/or the Sanitation Foreman will adequately cover the cost of the work. uch charges to be subject to the approval of the City Council. 0 3 4. Any contract to collect or haul garbage or trash within the City of Fayetteville, rkansas, shall be cancellable on 10 days notice by the City,. when in the opinion.of the anitation Committee of the City Council of Fayetteville, Arkansas, the work is being done n an unsatisfactory manner, or in such a way as, to constitute a public menace, or nuisance, r to be detrimental to the appearance of the City of Fayetteville. SECTION S. GENERAL PROVISIONS 1. In the event that the monthly charges herein provided for are not paid on or before :he 10th day of the month when due, a penalty of ten per'cent(10/) is hereby levied. >uch penalty shall become a part of and be collected with the regular monthly charges ieretofore levied. 2. If the Sanitation Service provided for herein is extended to include owners, m cupants, tenants or lessees of residences, commercial, public, or private institutions, )usiness establishments, and any or all other buildings or.structures occupied and/or used °or any other purpose not herein stated, and located outside the corporate limits of thel ,ity of Fayetteville, Arkansas, such service shall be sub ect to all the provisions of this )rdinance, and in addition a charge of fifty per cent (50i) shall be added to the monthl :ha: ges herein provided for. m 14 0 • 385 tion_Ordinance_No.._1194_(.C.ontinue 3. It shall be the duty and the responsibility of the City Official of employee charged with the responsibility of billing and collecting the charges herein provided for, • to notify the City Attorney in writing of any and all accounts delinquent in payment of the charges herein provided for in excess of thirl(30)days. 4. It is distinctly provided that this ordinance does not in any way require nor obligate City Employees or City trucks to collect and remove refuse or debris resulting from construction on property where buildings are being repaired, remodeled, razed, or are under construction, nor to collect and remove wood and limbs resulting from the removal of trees on private property, nor to clean out incinerators, nor to render any other service unless so contained in this ordinance. 3. The Mayor and Sanitation Committee shall make or cause to be made regular inspec- tions or special inspection of all premises, alleys, vacant lots and/or properties in the City of Fayetteville, Arkansas, for any unsanitary or unsafe conditions existing thereon. (a) Inspectors employed by the Health Department, Sanitation Department, and/or Fire Department shall have the duty of notifying the owner, occupant, tenant or lessee thereof of any unsanitary or unsafe condition existing thereon. (b) Within forty-eight(48) hours after such notice, it shall be the duty of the owner, occupant, tenant or lessee of such premises to submit evidence acceptable to the City Sanitarian that arrangements have been made by said owner, occupant, tenant or lessee to cause the removal of such unsanitary and unsafe conditions, within thirty(30) days from the date of receipt of such notice from the City Sanitarian. (c) If the owner, occupant, tenant or lessee fails to obey such notice and continu to maintain an unsanitary and unsafe condition, such person shall be deemed in violatio ' of the provisions of this ordinance and shall be fined as hereinafter set out. 4. The Mayor and Sanitation Committee with the consent and approval of the City Council shall have the authority to establish rules, regulations, and/or policies to clarify or enforce the provisions of this ordinance. SECTION 10*PENAL CLAUSE 1. From and after3its passage and approval, any person violating any of the provisi of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than Fifteen ($15.00)Dollars. Each day that such violation continues shall constitute a separate offense and shall.be punishable in any amount not exceeding Fifteen Dollars($15.00) per day. SECTION 11. SAVINGS CLAUSE 1. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason declared unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. SECTION 12. Repeal 1. Ordinance Number 920, Ordinance Number 991 and Ordinance Number 1124 are hereby specifically repealed, and all other ordinances or parts of ordinances in conflict with the -provisions of this ordinance are hereby repealed. • SECTION 13, Emergency 1. Whereas an# immidiate necessity exists to provide for a sanitary method of storag collection and disposal of waste, refuse, trash, and/or garbage; therefore, in order to protect the public health, peace and safety, an emergency is hereby declared to exist, whereby this ordinance shall be in full force and effect from and after its passage, apgproval and publication. 5. Mineral wastes, manufacturing or processing wastes shall not be considered gar- bage or trash as defined or outlined in this ordinance. The service of collecting, remov ing, and disposing of mineral wastes, manufacturing or processing wastes shall not be Sanitation rendered by the City of Fayetteville, Arkansas, unless a written contract between the < Ordinance owner, occupant, tenant or lessee desiring the service and the City of Fayetteville, No. 1194 Arkansas, has been negotiated. (Cont.) 6. From and after the passage and approval of this ordinance: (al It shall be deemed a violation of this ordinance for any person to burn any garbage except in incinerators that have been approved by the Health and Fire Department of the City of Fayetteville, Arkansas. (b) It shall be deemed a violation of this ordinance for any person to dump or throw garbage and/or trash or accumulations of the same on any vacant lot, street or public thoroughfare in the City of Fayetteville, Arkansas. 7. Any and all exemptions from the payment of the monthly charges herein provided for shall be granted by the City Council of the City of Fayetteville, Arkansas, and only upon the recommendation of the Sanitation Committee shall any exemption be considered. B. All junk and other material placed on the City of Fayetteville, Arkansas, dispos area shall be the property of the City of Fayetteville, Arkansas, and no person shall be allowed to separate and collect, carry off or dispose of same except under the written direction of the Mayor. 9. In case of uncertainty, contradiction, or duplication of rates qu6ted in this ordinance, the higher rate shall control. SECTION 9. SANITATION DEPARTMENT 1. In order to satisfactorily collect and remove garbage and/or trash and accpmplish the other purposes of this ordinance, there is hereby created a Sanitation Department for the City of Fayetteville, Arkansas. 2. The Sanitation Department shall be under the direction of the Mayor and Sanitatio Committee of the City Council, who, in turn shall be subject to the general direction of the City Council of the City of Fayetteville, Arkansas, 3. The Mayor and Sanitation Committee shall make or cause to be made regular inspec- tions or special inspection of all premises, alleys, vacant lots and/or properties in the City of Fayetteville, Arkansas, for any unsanitary or unsafe conditions existing thereon. (a) Inspectors employed by the Health Department, Sanitation Department, and/or Fire Department shall have the duty of notifying the owner, occupant, tenant or lessee thereof of any unsanitary or unsafe condition existing thereon. (b) Within forty-eight(48) hours after such notice, it shall be the duty of the owner, occupant, tenant or lessee of such premises to submit evidence acceptable to the City Sanitarian that arrangements have been made by said owner, occupant, tenant or lessee to cause the removal of such unsanitary and unsafe conditions, within thirty(30) days from the date of receipt of such notice from the City Sanitarian. (c) If the owner, occupant, tenant or lessee fails to obey such notice and continu to maintain an unsanitary and unsafe condition, such person shall be deemed in violatio ' of the provisions of this ordinance and shall be fined as hereinafter set out. 4. The Mayor and Sanitation Committee with the consent and approval of the City Council shall have the authority to establish rules, regulations, and/or policies to clarify or enforce the provisions of this ordinance. SECTION 10*PENAL CLAUSE 1. From and after3its passage and approval, any person violating any of the provisi of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than Fifteen ($15.00)Dollars. Each day that such violation continues shall constitute a separate offense and shall.be punishable in any amount not exceeding Fifteen Dollars($15.00) per day. SECTION 11. SAVINGS CLAUSE 1. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason declared unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. SECTION 12. Repeal 1. Ordinance Number 920, Ordinance Number 991 and Ordinance Number 1124 are hereby specifically repealed, and all other ordinances or parts of ordinances in conflict with the -provisions of this ordinance are hereby repealed. • SECTION 13, Emergency 1. Whereas an# immidiate necessity exists to provide for a sanitary method of storag collection and disposal of waste, refuse, trash, and/or garbage; therefore, in order to protect the public health, peace and safety, an emergency is hereby declared to exist, whereby this ordinance shall be in full force and effect from and after its passage, apgproval and publication. 386 Ll es A 179 tation. PASSED AND APPROVED THIS 6th day of April, 1959. APPROVED: o Je AUSTIN PA ISH; MAYOR RG S, CITY CLERK .e City Engineer reported that the plumbers of Fayetteville had requested that the umbing Rules & Regulations be amended to include plumbing outside the City limits ere the City water is used.The City Engineer then read the revised rules, ter a long discussion,Alderman Hatfield moved to adopt the devised Rules and Regulat e motion was seconded by Alderman Burgin and passed unanimously, dopy of Rules and Regulations. RULES AND REGULATIONS GOVERNING PLUMBING REQUIREMENTS, PLUMBING INSPECTIONS, PLUMBING NSPECTION FEES, MAINTENANCE OF PLUMBING, AND PROVISIONS FOR DISCONTINUANCE OF WATER ERVICE FOR VIOLATIONS. Under the authority of Ordinance No. 953, dated 15 August, 1949, Fayetteville, Ark ansas, the following rules and regulations governing plumbing requirements, plumbing inspection plumbing inspection fees, Maintenance of Plumbing, and provisions for discontinuance of Fater service for violations, for water consumers using water from the City of Fayette - F ille water lines or water lines attached to the City of F yetteville for a source of water supply, shall become effective upon approval of the ity Council of the City of ayetteville, Arkansas. 1. For the purpose of these rules and regulations the word "plumbing" shall.be defined as all piping, fixtures, faucets, valves, hydrants and devices both water and sewer, all (sewage disposal systems and connections thereto, both inside and outside of buildings, wl dare attached to and/or used to transmit water from the City of Fayetteville water system; or water system supply. 2. These rules and regulations apply to all consumers, both inside and outside the Corporate Limits of the City of Fayetteville, Arkansas, except as herein mentioned. 3. All plumbing both inside and outside the Corporate Limits of the City of Fayettevill rkansas, must meet the requirements of the Plumbing Code for the City of Fayetteville, Arkansas, except that Arkansas State Licensed Plumbers may make plumbing installations 'Outside the Corporate Limits of Fayetteville before water service will be authorized, Ina ,stalled and/or turned on. 4. To insure the fulfillment of the provisions of Paragraph 3 above, the City Plumbing Inspector will inspect all plumbing both ihside and outside the Corporate Limits of the City of Fayetteville, Arkansas, and render a certificate to the Water Superintendent after the plumbing has satisfied the Plumbing Code of the City of Fayetteville, Arkansas, insofar as the mechanical installation is concerned. 5. Inspection fees to be charged by the City Plumbing Inspector for inspection of lumbing outside the Corporate Limits of the City of Fayetteville, Arkansas, shall be tho ame as those provided by City Ordinance for inspections within the Corporate Limits of he City of Fayetteville, Arkansas. These fees will be paid in advance of the inspection, o each inspection charge for inspections outside the Corporate Limits, a fee of $1.00 ill be charged to defray addled transportation costs. 6. Any new plumbing fixtures, or devices added or installed as replacements must be soected and must meet the Code requirements as set forth in Paragraph 3 above. 7. Should the Arkansas State Board of Health establish an inspection service for plumb• g, a certificate of acceptance from this agency will be acceptable for installations tside the Corporate Limits of Fayetteville, Arkansas, in lieu of the certificate from e City Plumbing Inspector. Be All plumbing must be maintained in good physical and operating condition. Owners r renters, will permit authorized inspectors from the City of Fayetteviille, to make nec• ssary inspections to determine the status and condition of all plumbing on the premises, 9. Consumers outside the Corporate Limits of the City of Fayetteville will not extend ny plumbing to other residences or other property owners and will not sell,bar-ter, or rade water in any manner to other person, persons, firms, corporations and/or partners. 10. Violations of any of the provisions of these rules and regulations will be full stification for immediate discontinuance of service with no liability or responsibility aced upon the City of Fayetteville, Arkansas, for damages incurred ad a result of dis- ntinuance of said service. 11. These rules and regulations supersede the rules and regulations governing plumbing equirements passed and approved by the City Council on January 11, 19549 assed and Approved this 6th day of April, 1959, by the City Council of the City of ayetteville, Arkansas. �� w¢% Approved; �i _ ...o i i avlss City Clerk . Htrszln rar AldermEn McClelland entered at this time and was noted by the Clerk. . N. Holway, Consulting Engineer, employed by the City in connection with the 1958 Wate Sewer Expansion Project, read his report to the City Council concerning the furnishing f power for the pumping station to be located at the new dam site on White River North f Baldwin, Arkansas, and recommended that the City purchase its power for the pump sta- ion from Southwestern Electric Power Co. he City Attorney, in stating his opinion'wf�th regard to the legality of the City enteri nto a contract to purchase power from Southwestern Electric Power Co, recommended that ny contract entered into by the City and the Southwestern Electaic Power Co. be subject o the approval of the Arkansas Public Servide Commission. �, 2 L� 0 387 After a lengthy discussion, Alderman Hatfield moved that the City enteriinto a power Power pIurchase contract with Southwestern Electric Power Company and that the engineer be • Contract. �authoriyed and directed to advertise f6r bids to construct a City owned power lint from to -he pump station to the point of service according to the plans and specifications S.W1 Elec. urnished by Engineer Holway. The motion was seconded by Alderman Lunsford . Power Co. i afore as vote was taken on the motion, Alderman Smith moved that the motion of Alderman satfield be amended to enter into a conti�aot with 6outhwestern Electric Power Company ubject, however, to approval of the Arkansas.Public Service Commission. The motion to amend was seconded by Alderman Walker and upon roll call the following jote was recorded, "Aye" Smith, Burgin, Kent, and Walker. "Nay"Barnhart, Lunsford, McClelland, and Hatfield. There being four "Ayes" and four "Nays", it became the duty lOf the Mayor to cast his vote to break the tie. The Mayor voted "Aye" making the final ,vote five "Ayes" and four "Nays", whereupon the Mayor declared the motion to amend passed. The Mayor then called for a vote upon the motion as amended and the following vote was ecorded: "Aye" Barnhart, Smith, Kent, and Walker. "Nay" Burgin, Lunsford, McClelland, and Hatfield. There being four "Ayes" and four "Nays", the vote was a tie but before the Mayor cast his mote, Alderman Barnhart announced that he was changing his vote from "Aye" to "Nay", thereby making the final vote three "Ayes" and five "Nays" and the Mayor declared the amended motion defeated. Alderman Hatfield then moved that the City enter into a power purchase contract with the Southwestern Electric Power Company and that Ehg:eHolwayr be authorized and directed to advertise for bids to construct a City Owned power line from the pump station to the point of service according to the plans and specifications furnished by Engineer Holway. JIThe motion was seconded by Alderman Burgin and upon roll call the following vote was prded• "Aye" Barnhart, Smith, Burgin, Lunsford, McClelland, Hatfield, and Kent. c�rVU81% seven "Ayes" and only one "Nay", the Mayor declared the motion passed. Attorney Leonard Greenhaw appeared before the Council with a petition requesting the City Council to pass an ordinance to amend the present zonin ,ordinance to include Ord* to parking lots for off-street parking as a permitted use in a RZ"C"'-Residence District. Amend Zoni g He presented a Certificate of Approval from the Fayetteville City Planning Commission Ord. to I and the City Clerk presented the minutes of the meeting of the City Planning Commission permit parking whereby this petition was approved. lots Zone inRes dance The City Attorney then introduced a proposed ordinance entitled,"AN ORDINANCE AMENDING for off-street ZONING ORDINANCE N0, 1006 APPROVED OCTOBER 22,2 1951, REZONENG AND ADOPTING BY REFERENCE parking. THERETO ZONING ORDINANCE N0. 1002 APPROVED SEPTEMBER 10, 1951, AS AMENDED BY ORDINANCE N0, 1005 APPROVED OCTOBER S, 19512 AS AMENDED; TO INCLUDE RESERVED PARKING LOTS FOR OFF- STREET PARKING AS A PERMITTED USE IN A ZONE C -RESIDENCE DISTRICT", Alderman Burgin moved that the Ordinance be passed. The motion was seconded by Alderman Walker and passed unanimously, whereupon the Mayor declared the Ordinance passed. Alderman Kent 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, 1195. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1008 APPROVED OCTOBER 221, 1951, REZONING AND ADOPTING BY REFERENCE THERETO ZONING ORDINANCE NO, 1002'APPROVED SEPTEMBER 10, 1951, AS AMENDED BY ORDINANCE N0, 1005 APPROVED OCTOBER 82 1951, AS AMENDED: TO INCLUDE RESERVED PARKING LOTS FOR OFF-STREET PARKING AS A PERMITTED USE IN A ZONE C -RESIDENCE DISTRICT. WHEREAS, a public hearing was held before the Planning Commission of the City of Fayetteville, Arkansas on March 24, 1959, on a proposed ordinance to include reserved parking lots for off-street parking as a permitted use in a Zone C -Residence District, and WHEREAS, a notice of said public hearing setting forth the time, place and purpose thereof was published in the Northwest Arkansas Times, a newspaper of general circulation in said City, more than 15 days prior to said public hearing, and WHEREAS, following said public hearing, said Planning Commission certified to the City Council of the City of Fayetteville, Arkansas, its recommendation that an ordinance be passed amending the -present zoning ordinance to include reserved parking lots for off-street parking as a permitted use in a Zone C -Residence District, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the present zoning ordinance be, and the same hereby is, amended to include reserved parking lots for off-street parking as a permitted use in a Zone C - Residence District. Section 2. That all ordinances and parts of ordinances in conflict with this ordi- nance are hereby repealed and this action being necessary for the public health, peace, 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 6th day of April, 1959. APPROVED: < Q ATTEST: 5. STIN PAR=O- MAYOR E AIS, CITY CLERK Alderman Walker moved to change the regular meetings of the City Council from the First and Third Monday Nights in each month back to the old meeting nights, Second and Fourth Monday Nights in each month. The motion was seconded by Alderman Burgin and passed unanimously. • The City Attorney then introduced and read in its entirety a proposed ordinance entitled, "AN ORDINANCE AMENDING ORDINANCE N0, 931, AS AMENDED BY ORDINANCE NO, 1082 REGULATING THE USE OF CERTAIN PUBLIC STREETS AND HIGHWAYS IN THE CITY OF FAYETTEVILLE, ARKANSAS, PRESCRIBING REGULATIONS RELATIVE TO THE PARKING OF VEHICLES UPON SUCH PUBLIC STREETS AND HIGHWAYS; PROVIDING FOR THE INSTALLATION, OPERATION, MAINTENANCE, SUPERVISION, REGULATION AND CONTROL FOR TIE USE OF PARKING METERS;DEFINING AND PROVIDING FOR THE ESTABLISHMENT a OF PARKING METERS UPON THE PUBLIC STREETS, PROVIDING FOR THE ENFORCEMENT AND PENALTIES FOR THE VIOLATION HEREOF, AND FOR OTHER PURPOSES". for P arki Melt er i ldebman Smith moved that the Ordinance pass. The motion was seconded by Alderman Burgin nd passed unanimously, whereupon the Mayor declared the Ordinance passed. lderman Walker moved that the emergency clause be adopted. he motion was seconded by Alderman Kent and passed unanimously, whereupon the Mayor eclared the emergency clause adopted. ORDINANCE N0. 1196 N ORDINANCE AMENDING ORDINANCE NO. 931, AS AMENDED BY ORDINANCE N0. 1082, REGULATING TH1 SE OF CERTAIN PUBLIC STREETS AND HIGHWAYS IN THE CITY OF FAYETTEVILLE, ARKANSAS, PRESCR: NG REGULATIONS RELATIVE TO THE PARKING OF VEHICLES UPON SUCH PUBLIC STREETS AND HIGHWAY. ROVIDING FOR THE INSTALLATION, OPERATION, MAINTENANCE, SUPERVISION, REGULATION AND CON- ROL7FOR THE USE OF PARKING METERS;DEFINING AND PROVIDING FOR THE ESTABLISHMENT OF PARK NG METERS UPON THE PUBLIC STREETS, PROVIDING FOR THE ENFORCEMENT AND PENALTIES FOR THE IOLATION HEREOF, AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: ION 1. That Section 2 of Ordinance No. 931, passed and approved February 232 19482 as amended by Section 1 of Ordinance No.. 1082, passed and approved June 6, 19559.. be the same are hereby amended to read as follows: "Section 2. The following portions of streets in the City of Fayetteville, Arkansas are hereby established as parking meter zones: ONE HOUR ZONES: Public Square and all streets leading from square for one(1)block; Dickson Street from Church Avenue to Arkansas Avenue, West Avenue from Lafayette Street to Dickson Street; School Avenue from Dickson Street to Spring Street: Center Street from College Avenue to County Avenue. TWO-HOUR ZONES: Meadow Street from College Avenue to Church Avenue; East Avenue from Meadow Street to Spring Street; Block Avenue from Meadow Street to Spring Street; West Center Street from Church Avenue to Locust Avenue; West Mountain Street from Church Avenue to Locust Avenue; Church Avenue from Center Street to mountain Street; TEN HOUR ZONE: The north side of Rock Street between East Avenue and Block Avenue" TION 2. That Section 5 of Ordinance No. 931, passed and approved February 23, 1948, hT a same is hereby amended to read as follows: "Section 5. Parking Time Limits. Any vehicle parking or standing in any designated parking space in a parking meter zone shall be parked within the lines marked on th street or curb and may occupy said space during the parking limit provided by the ordinance of the City of Fayetteville for the part of the street in which said park ce is located. Parking or standing a vehicle in a, designated space in a parking meter zone shall be lawful for twelve(12)minutes upon deposit, of a one cent coin, for twenty-four(24)minutes upon deposit of two one cent coins, for thirty six(36)minute n deposit of three one cent coins, for forty-eight(48)minutes upon deposit of four on t coins, or for sixty(60)Minutes upon deposit of five one cent coins or of a five cen coin of the United States of America. Such parking shall also be lawful for like iods of time for certain designated parking meters from one(1)hour to ten(10)hours lusive, upon depositing the necessary amount of coins, either nickels, dimes or quar- s, required for the amount of parking time desired at the aforesaid rate of five cent hour. Failure to deposit such proper coin shall constitute a violation of this finance. Upon the expiration of the legal parking time, it shall be the duty of the ow driver of the vehicle forthwith to remove the v4hicle from the parking space, and it 11 be unlawful for any person to cause, allow, permit„ or suffer any such vehicle istered in his name to be parked or standing overtime or remain therein beyond the king time limit prescribed by this ordinance." TION 3. That Section 15 of Ordinance No. 9319 passed and approved February 23, 1948, and=e same is hereby amended to read as follows: "Section 15. Any person, firm or corporation who shall violate or permit, suffer or low anyone under his, their, or its direction or control to violate any provisions of is ordinance shall upon conviction, be punishable by a fine not exceeding five ($5.00) liars for each offense. Any person, firm or corporation who shall aid, abet, or assist .the violation of the provisions of this ordinance shall, upon conviction be punishable a fine not exceeding five dollars($5.00) for each offense. That each additional hour vehicle is parked in violation of the terms and provisions of this ordinance shall nstitute a separate offends." ECTION 4. That all ordinances and parts of ordinances in conflict herewith are heregy epealed, and it appearing that traffic conditions in the City of Fayetteville, Arkansas re such that immediate regulations as provided in this ordinance are necessary for the reservation of the public health, peace and safety, an emergency is hereby declared to xist, and this ordinance shall.be in full force and effect from and after its passage nd approval. ASSED AND APPROVED THIS 6th day of April, 1959. APPROVED: Jo S , PAAXUN >I.__ • •std, Alderman Burgin introduced and read a proposed ordinance entitled, "AN ORDINANCE AMENDIE 97 ORDINANCE N0. 1083 RELATING TO TRAFFIC AND REGULATING THE USE OF OFF STREET PARKING rod- FACILITIES OF THE CITY OF FAYETTEVILLE, ARKANSAS;CREATING AND DEFINING PARKING METER d, ZONES; PROVIDING FOR THE DESIGNATION OF INDIVIDUAL PARKING SPACES; DEFINING AND PROVIDIr FOR THE INSTALLATION,. OPERATION AND MAINTENANCE OF PARKING METERS; PRESCRIBING PARKING TIME LIMITS; REQUIRING DEPOSIT OF COINS FOR THE USE OF PARKING METERS AND PARKING METER ZONES CPDCOLLECTION AND DISPOSITION IISJ g SA P�S� I�grLICT] ORDINANESPROVIDING FOR THE ENFORCEMENT DEFNG s; r. • • s E 1� 389 PENALTIES; AND PROVIDING THAT INVALIDITY OF PART SHALL NOT AFFECT THE VALIDITY OF THE • REMAINDER". Alderman Smith moved that the Ordinance pass. The motion was seconded by Alderman Burgin and passed unanimously, whereupon the Mayor declared the Ordinance passed. Alderman Kent than moved that the emergency clause be ado,Pted. The motion was seconded by Alderman Walker and passed unanimously, whereupon the Mayor dedlared the emergency clause adopted. ORDINANCE N0. 1197 AN ORDINANCE AMENDING ORDINANCE N0, 1083 RELATING TO TRAFFIC' AND REGULATING THE USE OF Ord. ido. OFF STREET PARKING FACILITIES OF THE CITY OF FAYETTEVILLE, ARKANSAS;CREATING AND DEFININ 1197. PARKING METER ZONES; PROVIDING FOR THE DESIGNATION OF INDIVIDUAL PARKING SPACES;DEFINING AND PROVIDING FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF PARKING METERS;. PRESCRI BING PARKING TIME LIMITS; REQUIRING DEPOSIT OF COINS FOR THE USE OF PARKING METERS AND PARKING METER ZONES AND PROVIDING FOR THE COLLECTION AND DISPOSITION OF SUCH COINS'; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR THE ENFORCEMENT THEREOF; DEFINING OFFENSES AND PRESCRIBING PENALTIES; AND PROVIDING THAT INVALIDITY OF PART SHALL NOT AFFECT THE VALIDITY OF THE REMAINDER. IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That Section 2 of Ordinance No. 1083 be amended as to add thereto, asan addit ronal parking meter facility the following described real estate situated within the corporate limits of the City of Fayetteville, Arkansas, to -wit: Thirty-three(33) feet of equal and uniform width off the South side of Lot Numbered Nine(9), Lot Numbered Ten(10), and Lot Numbered Eleven(ll), all in Block Numbered Thirty(30, in the Town (Now City) of Fayetteville, as designated upon the Original Plat of said Town. Lot 9A and a part of Lot 10, in Block 29, of the Original Plat of the City of Fayetteville, Arkansas. ION 2', That Section 13 of Ordinance No. 1083 be and the same is hereby amended to as follows: "Section 13. Pen�al�tyy. Any person who shall violate or fail to comply with any of the provisions his ordinance, or who shall council, aid or abet any such violation, or failure to comply, shall be deemed guilty of an offense and shall be punishable by a fine of not to exceed Five Dollars($5.00) for such an offense. T`1 That each additional hour a vehicle is parked in violation of the terms and provis ions of this ordinance shall constitute a separate offense." SECTION 3. That all ordinances and parts of ordinances in conflict herewith are hereby repealed, and it appearing that traffic conditions in the City of Fayetteville, Arkansas, are such that immediate regulations as provided in this ordinance are necessar for the preservation of the public peace and safety, 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 6th day of April, 1959. APPROVED: ATTEST: Ja AUSTIN PARISH, MAYGR G 0 gid CITY CLERKY The City Attorney presented a petition from Mr. H. K. King requesting that a certain alley in the Mountain View Addition to the City of Fayetteville,be closed. The City Attorney then read a resolution hn reference to this petition. Alderman Burgin moved that the Resolution be adopted. The motion was seconded by Alderman Smith and passed unanimously, whereupon the Mayor declared the Resolution adopted. RESOLUTION 7-59 Resolution WHEREAS, it appears that the petition of H. K. King to vacate an alley ten(10) fee 7-59 in width, runnineast and west between Lots Thirteen(13) and Fourteen(14) in Block g Numbered Eleven 11) in Mountain View Addition to the City of Fayetteville, Arkansas, was duly filed with the City Clerk of the City of Fayetteville, Arkansas, on the 16th day of February, 1959; and WHEREAS, it appears that said petition was duly referred to the Planning Commissio of the City of Fayetteville, Arkansas, and that the Planning Commission has recommended the granting of said petition. NOIV, THEREFORE, BE IT RESOLVED: 1. That the 27th day of April., 1959, be and it is hereby fixed as the day and data for hearing upon said petition. 2'. That the City Clerk of the City of Fayetteville, Arkansas, be and he is hereby directed to give notice of such hearing by publication thereof for once a week for two (20 consecutive weeks in the Northwest Times, a newspaper published in Washington Count Arkansas, and having a general circulation in the City of Fayetteville, Arkansas. 31.:.That the City Clerk of the City of Fayetteville, Arkansas, be and he is hereby directed to cause an abstractor!Ss certificate as to the record owners of the lots abutt upon said alley to be attached to said petition prior to the date set for the hearing. • PASSED AND APPROVED this 6th day of April, 1959, APPROVED: ATTEST: d6 U� AVIS, CITY CLERK / S P , MAYOR There being no further business, Alderman Burgin mov d to adjourn, The motion was secon a by Alderman Walker and passed unanimou3ly, whereupon the d ared a m6et adjourned. APPROVED:, /�� ATTEST: J. IN PARISH, MATO GEO-RUE JVDAVISo CITY CLERK