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HomeMy WebLinkAbout1959-09-14 Minutes424 z rn: City Council of Fayetteville, Arkansas, met in regular session on Monday, September 14, 1959, at 7:30 P.Mv sent: Mayor J. Austin Parish, City Clerk George J. Davis, City Controller Albert J. Jones, City Attorney D. McAllister Jr., City Engineer W. C. Smith, Chief of Police Pearl Watts, Fire Chief Burl Skelton, I • Aldermen: Barnhart, Smith, Burgin, Lunsford, Hatfield, Kent, and Walker. ent: Alderman J. E. McClelland. The minutes of the regular meeting on Monday, August 24, 1959, and of the special meeting on Thursday, August 27, 1959, were read and approved. tract Consulting Engineer Wn N. Holway appeared before the Council and reported that he had negotiated with Chemical W. H. Patterson Const. Co., Ft. Smith,Arkansas, concerning their low bid of $113,000.00 for construction of ding a chemical building as a part of the 1958 Water and Sewer Expansion Program. ded. He further reported that the low bid less the alternates was $104,000.00 and that further reductions had been recommended which would reduce the construction cost to $79,825.00. Alderman Lunsford moved to accept the low base bid which was the one by W. H. Patterson Co., Ft. Smith, Arkansas, for the amount of $104,000.00. The motion was seconded by Alderman Hatfield and passed unanimously. Alderman Lunsford then moved to accept the recommendation of Consulting Engineer'W. N. Holway & Associates Chemical to authorize a"change order" in the contract price in the amount of $24,175.00 thereby reducing the total Building. cost of the Chemical Building to $79,825.00 and that the Mayor and City Clerk be and they are hereby authorized to execute a contract with W. H. Patterson Co., Ft. Smith, Arkansas, for the construction of a Chemical Building as a part of the 1958 Water and Sewer Expansion Program for the sum of $79,825.00 upon the acceptance of a performance bond by the City Attorney and evidence of proper insurance. The motion was seconded by Alderman Hatfield and passed unanimously. New Lake A lengthy discussion was held concerning a name for the new lake now being built on White River, East df named Fayetteville in connection with the 1958 Water and Sewer Improvement Program, and several names were "Lake suggested. Se uo q y ah" Alderman Smith moved that the new lake now being built on White River, East of Fayetteville, Arkansas, Be named "Lake Sequoyah". The motion was seconded by Alderman Lunsford and upon roll call the following vote was recorded: "Aye" Smith, Burgin, Lunsford, Hatfield, and Kent. "Nay" Barnhart and Walker. There being Five "Ayes" and only Two "NAys", the Mayor declared the motion passed and that the name of the new lake would be "Lake Sequoyah". Hot Rod A group of boys appeared before the Council in regard to organizing a "Hot Rod Club" under the supervision Clubl of Law Enforcement Officers. discussed. After a lengthy discussion, Alderman Kent moved to refer this to the Police Committee. The motion was seconded by Alderman Smith and passed unanimously. Insurance Mr. George McKinney appeared before the Council in reference to the City's Insurance Program. After a very long discussion, Alderman Kent moved that Mr. McKinney be awarded one seventh of the City's program discussed. Fire Insurance provided he insures with a Stock Company. �_ M The motion was seconded by Alderman Smith and upon roll call the following vote was recorded: Aye ,I �p Smith and Kent. "Nay" Barnhart, Burgin, Lunsford, Hatfield, and Walker. ,�I There being only two "Ayes" and Five "Nays", the Mayor declared the motion defeated. Alderman Hatfield then moved'to leave the insurance in Insurance Exchange to be divided equally among the Motion of qualified agencies, subject to Council approval, having been an insurance agency for a period of five Hatfield years or more and employing two or more people actively engaged in the insurance business inside the City withdrawn. Limits•of Fayetteville, Arkansas. The motion was seconded by Alderman Barnhart but another lengthy discussion followed, and Alderman Hatfield, with the consent of Alderman Barnhart, withdrew his motion before a vote was taken. Lynn Smith was excused from the meeting at this time and noted by the Clerk. Purchasing Alderman Burgin moved to place the Purchasing Ordinance, which had been left on the first reading on Ordinance July 13, 1959, on the second reading. I The motion was seconded by Alderman Kent and passed unanimously. passed. The City Clerk then read the proposed ordinance in its entirety for the second time. Ond. No. Alderman Kent then moved that the rules be suspended and the ordinance placed on the third and last readi 1215 The motion was seconded by Alderman Lunsford and passed unanimously. The ordinance was then read for the third and last time. The Mayor then declared the Ordinance open for discussimn. There being no further discussion, the Mayor asked the question, "Shall the Ordinance pass"? Upon roll callthe following vote was recorded, "Aye" ,Barnhart, Burgin, Lunsford, Hatfield, Kent, and Walker. "Nay" None. There being six "Ayes" and No "Nays", Ithe Mayor declared the Ordinance passed. Alderman Walker then moved that the emergency clause be adopted. The motion was seconded by Alderman Lunsford and passed unanimously, whereupon the Mayor declared the emergency clause adopted. ORDINANCE N0, 1215 ORDINANCE REGULATING THE FINANCIAL AFFAIRS OF THE CITY OF FAYETTEVILLE, ARKANSAS; DEFINING TERMS; HIDING FOR A BUDGET; ESTABLISHING PURCHASING PROCEDURES; REQUIRING A FINANCIAL AUDIT AND REPORTS TROLLING THE SALE OF CITY PROPERTY; PROVIDING A•SAVINGS CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT EWITH;• AND DECLARING AN EMERGENCY. IT ORDAINED BY THE -CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: CTION 1. DEFINITION OF TERMS 1. As used in this ordinance, unless otherwise required by the context; a. The term "duly authorized representative" shall mean any administrative officer or officers of the ty whose appointment or appointments by the Mayor have been approved by the City Council to assume the ties and responsibilities as herein set forth. b. The term "Committee" shall mean the person, persons, or any group of persons from the membership of e City Council designated by the Mayor and approved by the City Council to assume the duties and respon- bilities as herein set forth. o. The term "lowest responsible bidder" shall mean the bidder as determined by the Committee and the • yor, or his duly authorized representative, after considering all the facts and circumstances in the best terests of the City; provided however, the Committee and the Mayor, or his duly authorized representative, all act only when the power to do so has been granted by the City Council. • No. 425 0rdinance_No.._121s_(Continsed,) Ordinance No. 1215 (Continued) oe SECTION 2. PROPOSED BUDGET TO BE SUB MITTED. -5 ring1. That on or before December 1 st of each year the•Mayor ghall submit'to the City Council, for its �e• `approval or disapproval, a proposed budget for operation of the City from January let to December 31st of the forthcoming year. LECTION 3. ADOPTION OF A BUDGET 1. That the City.Council shall on or before February 1st of each year adopt a budg et for operation of City. SECTION L APPROPRIATIONS. BUDGET REVISION. AND EXCEPTIONS 1. The approval by the City Council of the budget shall amount to anappropriation for the purposes of e budget of funds which are lawfully applicable to the items therein contained. The City Council may ter or revise the budget from time to time and unpledged funds appropriated by the City Council for any rpose may be subsequently, by action of the City Council, appropriated to another purpose, subject to .e following exceptions: a. Funds resulting from taxes levied under Statutes or ordinances for specific purposes may not be verted to another purpose. b.Appropriated funds may -not be diverted to another purpose where any creditor of the City would be ejudiced thereby. ON 5. PURCHASING 1=.h order to purchase supplies, apparatus, equipment, materials and other things requisite for c purposes in and for the City; and to make all necessary contracts for work or labor to be done, or ials or other necessary things to be furnished for the benefit of the City, or in carrying out any or undertaking of a public nature therein; the procedures to be followed shall be as hereinafter set SECTION 6. PURCHASES OF THREE HUNDRED ($300.00) DOLLARS OR LESS he ayor , or his duly authorized representative, sh Ifihave exclusive' power and responsibility to I purchases of all supplies, apparatus, equipment, materials and other things.requisite for public purposes in and for the City when appropriations have been made therefor in the budget as approved by the -City Council and where the total expenditure therefor is three hundred ($300.00) dollars or less. SECTION 7. PURCHASES OF ONE THOUSAND ($1000.00) dollars or less —11 purchases in and for the City of all supplies, apparatus, equipment, materials and other things Tequisite for public purposes for which appropriations have been made therefor in the.budget as approved Py the City Council and where the expenditures therefor is in excess of three hundred ($300.00)dollars; but not in excess of one thousand ($1,000.00) dollars shall be made by the Mayor, or his duly authorized representative after the securing and recording of quotation bids therefor. 1. ECTION 8. PROCEDURES FOR PURCHASES IN EXCESS OF ONE THOUSAND ($1,000,00) DOLLARS 1, Nhen the amount of an expenditure for arty purchase, whether or not an appropriation or appropriation ave been made therefor in the budget approved by the City Council exceed one thousand ($1000.00), the ollowing procedures shall b e fully complied with unless otherwise authorized by the City Council: a. The Mayor,or his duly authorized representative, shall have the consent and approval of the City ouncil before advertising for competitive bids for. any purchase in excess of one thousand ($1000.00) ollars. At the time such consent is given a committee as defined in Section 1 (b) of this ordinance shall e appointed to assist the Mayor or his duly appointed representative in making the purchase. b. Bids received pursuant to said advertisement shall be opened and read on the date and at the time for receiving said bids in the presence of the Committee and the Mayor, or his duly authorized esentative. C. The purchase and/or award of the bid may be made by the Committee and the Mayor, or his duly rized representative, only when the power to act has been granted by the City Council. d. The purchase shall be made from or the bid awardedrto-the lowest responsible bidder; provided er, the Committee and the Mayor, or his duly authorized representative, may reject any and/or all ved when the power to act has been granted by the City Council, SECTION 9. EXCEPTIONS TO THE PURCHASING PROCEDURES �. 'fie ity Council may waive the requirements of competitive bidding or the advertising for bids in vases of car load purchases for routine operations and in exceptional situations where such procedures are eemed not feasible nor practical. TION 10. SALE OF CITY PROPERTY AND EXCEPTIONS � =he Mayor, or his duly authorized representative, may sell or exchange any municipal supplies, aratus, equipment, or materials without competitive bidding if such supplies, apparatus, equipment or erials have a fair market value of liss than five hundred ($500.00) dollars. 2. That no supplies, apparatus, equipment, or materials shall be sold b y the'Mayor, or his duly horized representative, without receiving competitive bids therefor if the fair market value thereof reds the sum of five hundred ($500.00) dollars;: provided however, if the Mayor, or his duly authorized resentative, shall certify in writing to the City Council that, in his opinion, the fair market value o h item or lot (to be disposed of as one unit) is less than five hundred ($500.00) dollars, the same may sold by the Mayor, or his duly authorized representative, without competitive bidding. 3. Exceptions to the procedures for the sale or exdhange of any municipal supplies, apparatus, equip. t, or materials shall be granted only by the City Council. SECTION 11. REPORTS OF FINANCES AND ADMINISTRATIVE ACTIVITIES 1-TIe Mayor, or his duly authorized representative, shall prepare and submit to the City Council Iwithin sixty (60) days after the end of each fiscal year a complete report on the finances and administra. five activities of the City during the previous fiscal year. The Mayor, or his duly authorized represent- ative, shall also keep the City Council advised as to the financial condition and future needs of the City and to make such recommendations as to him may be desirable or as otherwise required by law. SECTION 12. FINANCIAL AUDIT Rei y CounC shall have the financial affairs of the City audited annually by ancindependent ,bertified public accountant who is not otherwise in the service of the,City, or by the Municipal Audit Division of the State of Arkansas.. ,1 13. SAVINGS CLAUSE Tf any se— c i� subsection, sentence, clause or phrase of this ordinance is for any reason declare titutional or invalid, such decision shall not affect the validity of the remaining portions of this nce �^ 426 Ord: No. Eng. for Depts. 1 for men`s of and ion map . No. in REPEAL CLAUSE ordinances or parts of ordinances in conflict herewith are hereby repealed. ION 15. EMERGENCY CLAUSE 1. Whereas Act 26 of 1959 requires the establishment of a manner of making purchases for the City this ordinance being necessary for the immediate protection of the public peace, health and safety, ar gency is hereby declared to exist and this ordinance shall be in full force and effect from and after passage and approval. AND APPROVED THIS 14th day of September, 1959, APPROVED:6W L� Q p J. AUSTIN PARISH, MAYOR GEORG I , CITY CLERK Mayor recommended that W. C. Smith, City Engineer, be appointed purchasing agent for the Water and ger Departments of the City of Fayetteville, Arkansas. erman Lunsford moved that W. C. Smith, City Engineer, be appointed as the duly authorized representativ, defined in Ordinance No. 1215 with power to make purchases for the Water and Sewer Departments of the y of Fayetteville, Arkansas, in accordance with the terms and provisions of Ordinance No. 1215. motion was seconded by Alderman Hatfield and passed unanimously. Kent reported that the Finance Committee had approved the bills and moved they be allowed as The motion was seconded by Alderman Hatfield and passed unanimously. Baan Kent read a letter from the Firemen's Relief and Pension Fund Board of Trustees which requested I mill tax be appropriated for the year of 1960 as was done in 1959. 1. City Attorney introduced and read a proposed ordinance entitled,"AN ORDINANCE ESTABLISHING NO TRUCK 'ES ON CERTAIN DESIGNATED STREETS IN THE CITY OF FAYET'TEVILLE, ARKANSAS, AND FOR OTHER PURPOSES".. :rman Kent movede that the rifles be suspended and the ordinance placed on its second reading, motion was seconded by Alderman Burgin and passed unanimously. ordinance was then read for the second time. :rman Kent then moved that the rules be further suspended and the ordinance placed on its third and S read2ing, motion was seconded by Alderman Burgin and passed unanimously. Ordinance was then read for the third and last time. The Mayor then declared the Ordinance open for. ussion. 1•here being no discussion, the Mayor asked the question, "Shall the Ordinance pass"? [.roll call the following vote was recorded. "Aye" Barnhart, Burgin, Lunsford, Hatfield; Kent, and er. "Nay" None. There being six "Ayes" and No "Nays", the Mayor declared the Ordinance passed. rman Walker then moved that the emergency clause be adopted: motion was seconded by Alderman Kent and upon roll call the following vote was recorded: "}eye" [hart, Burgin, Lunsford, Hatfield, Kent, and Walker. "Nay" None..There being six "Ayes" and -No "Nays". Mayor declared the emergency clause adopted. ORDINANCE NO, 1216 ORDINANCE ESTABLISHING NO TRUCK ROUTES ON CERTAIN DESIGNATED STREETS IN THE CITY OF FAYETTEVILLE, ANSAS, AND FOR OTHER PURPOSES, IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. For the purposes of this ordinance the word "truck" shall mean any vehicle designed or ops the transportation of property, and whose body weight or whose combined body and load weight exceeds 0 lbs. The term "No t4bk route" shall mean a way over certain streets as designated herein, over and al ch trucks coming into and going out of the City must not operate. Section 2. There is.hereby established within the corporate limits of the City of Fayetteville, tfollowing "No truck routes": Hall Street Cleveland Street Sunset Drive That portion of Razorback Road lying between Maple Street and Cleveland Street. Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed and this inance being necessary to relieve traffic congestion on streets within the corporate limits of the City Fayetteville, Arkansas, and being necessary for the protection of the public health, peace and safety emergency is hereby declared to exist and this ordinance shall be in'full force and effect from and afte passage and approval. PASSED AND APPROVED THIS 14th day of September, 1959. APPROVED: J. AUSTIN PARISH', -MAYOR GEORUZ J,40AVISO City Attorney reported that he had receivedo.some more "License Agreements" for land in the ake [oyah area. wman Burgin moved that_'.ifcafid when the City elects or is required to fence an�area�e' t mom Lake Sequoyah, that the cost of erecting and maintaining such fenc shall be at the expense City of Fayetteville, Arkansas. motion was seconded by Alderman Kent and upon roll call the following vote was recorded: ['lEye" [hart, Burgin, Lunsford, Hatfield, and Kent. "Nay" Walker. There being five "Ayes" and only bne "Nay". Mayor declared the motion passed, z u E 428 License) Agreement with Ray Alderman Burgin moved that the Mayor and City Clerk be and they are hereby authorized to axe cute a • Miller. License Agreement with Ray Miller and Chlora 14iller, husband and wife, concerning fences which are now existing or which may be built on property which the City of Fayetteville purchased from them in the Lake Sequoyah area. The motion was seconded by Alderman Kent and passed unanimously. Changes in The City Engineer explained and recommended some changes in the sewer construction work in the extreme Sewer Lire Southeast p art of the City. Construction. One was the deferment of a sewer line located near the small stream running parallel to and approximately 800 feet east of the Pump Station Hoad. The other wgs two blocks of extension or 6 inch sewer laterals in the Fincher Addittonr.to serve 8 houses which had been constructed since the original plans were made. which Burgin moved to make the changes in the sewer line construction as recommended by the City (Engineer. The motion was seconded by Alderman Hatfield and passed unanimously. Water line on The City Engineer read a letter from the St. Louis & San Francisco Railroad in which they requested that RR Co. Right of the 8 inch water main from the Clear Creek Filter Plant and which is located on their right of way under Way near County an "Easement Agreement" be lowered approximately 6 feet for a distance of approximately 1450 -feet in the Home to be vicinity of the County Home, in order to provide proper grade and drainage for a spur track to the lowered Southwestern Electric Power Co, and the proposed Ozark -McCord Grocery Co. site. FA request is covered in the "Easement Agreement". .proposal from the Danco Construction Co. was opened and read for doing this work to comply with bhe Dance Const. Co. ,Railroad Company's requirement for the total amount of $9,241.00. to lowerl The Tune Construction Co. was asked for a bid price but due to commitment they were unable to make a bid, water line. ruderman Lunsford moved that the proposal of the Dance Construction Co. be accepted and that Mahaffey & McGoodwin, 8onsulting Engineers for the Water Distribution System of the 1958 Water & Sewer Expansion �rogram, be and they are hereby authorized to place this work on a "Change order" to the Contract No. 2 with Dance Construction Co. he 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 (Lunsford and passed unanimously, whereupon the Mayor declared the meeting adjourned. APPROVED: 107� I�A / _ /n C, / ��� J. AUJ7'IN rAlUbh) MAXW( ATTEST: `/ EORCE J. AV , CITY CLERK ' r Special The City Council of Fayetteville, Arkansas, met in e�41r session on Thursday, Sessio l;eptember 24, 1959, at 7:00 P. M: Present: Mayor J. Austin Parish, City Clerk George J. Davis, City Controller Albert J. Jones, City Attorney A. D. McAllister Jr., and Aldermen: Ralph Barnhart, Lynn Smith, Ellis Burgin, Bruce Lunsford, J. E. McClelland, Herbert Hatfield, Dale Kent, and Bryan Walker. bsent: None. The Mayo e orte t t t lig e oft �}�gtin to .c ss pr +P,� Purpose of ment aneAffrary � lat mbi e �r,ec�L`i1 6 6 t e amber �mmefce) Meetin the City Council, nd the Planning Commission to review the different phases of the Master Planning Program as set up by the University of Arkansas Planning Board and that I members of the Council had been notified by U. S. Mail and by telephone. The City Attorney introduced and read a proposed ordinance in its entirety entitled, Bond Ordinance PAN ORDINANCE SUBMITTING AT THE GENERAL ELECTION IN THE CITY OF FAYETTEVILLE ON NOVEMBER.. No. 12171 33 1955, THE QUESTION OF ISSUING BONDS FOR THE PURPOSE OF REFUNDING THE OUTSTANDING BONDS for Airport, OF THE CITY'S HOSPITAL AND FIRE FIGHTING APPARATUS ISSUE DATED SEPTEMBER 1, 1947, DEVELOP - y, 2NG AND IMPROVING THE MUNICIPAL FLYING FIELD, AND ACQUIRING A SITE FOR AND CONSTRUCTING Libi�arHospital W EQUIPPING A CITY LIBRARY, UNDER THE PROVISIONS'OF AMENDMENT N0. 13 TO THE CONSTITU- Fire. TION OF THE STATE OF ARKANSAS; PRESCRIBING OTHER MATTERS,HELATING THERETO; AND DECLARING rN EMERGENCY". After discussion, Alderman Hatfield moved that the Ordinance be passed. The motion was seconded by Alderman Lunsford and upon roll call the following vote was recorded:"Aye" Barnhart, Smith, Burgin, Lunsford, McClelland, Hatfield, Kent, and Walker. "Nay" None. There being Eight "Ayes" and No "Nays", the Mayor declared the Ordinance passed. lderman Lunsford then moved that the emergency clause be.adopted. he motion was seconded by Aldermm Hatfield and passed unanimously, whereupon the Mayor declared the emergency clause adopted, and the Ordinance was given the Number 1217, ORDINANCE NO. 1217 ORDINANCE SUBMITTING AT THE GENERAL ELECTION IN THE CITY OF FAYETTEVILLE ON NOVEMBER 19592• THE QUESTION OF ISSUING BONDS FOR THE PURPOSE OF REFUNDING THE OUTSTANDING BOND THE CITY'S HOSPITAL AND FIRE FIGHTING APPARATUS ISSUE DATED SEPTEMBER 1, 1947,DEVELOP AND IMPROVING THE MUNICIPAL FLYING FIELD, AND ACQUIRING A SITE FOR AND CONSTRUCTING EQUIPPING A CITY LIBRARY, UNDER THE PROVISIONS OF AMENDMENT N0. 13 TO THE CONSTITUTI THE STATE OF ARKANSAS; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN RGENCY. WHEREAS, the City of Fayetteville is a city of the first class; and WHEREAS, the City has outstanding an issue of Hospital and Fire Fighting Apparatus onds dated September 12 1947; and WHEREAS, the City Council has determined that is would be in the best interests of • the City to develop and improve the municipal flying field and to acquire a site for, construct and equip a city library, and •.t