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HomeMy WebLinkAbout1960-01-25 MinutesWHEREAS, this gift of real estate was made in honor of the late Mrs. Roberta • Fulbright, and the late Mrs: Roberta Fulbright Swanson, both of whom were prominent in the development of cultural interests in Fayetteville; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS; (1) That the citizens of our city deeply appreciate the concern of Gilbert Swanso manifested by this most generous gift of real estate upon which will be erected the Roberta Fulbright Memorial Library; and (2) That this resolution be spread upon the record of the proceedings of the Fayetteville City Council, and that a copy hereof be sent to.Gilbert Swanson. PASSED AND APPROVED THIS 11TH DAY OF JANUARY, 1960. APPROVED: //1 G41POBROLWON9 MAYOR ATTES a ' G 0 DABS. CC CLERK IThe Mayor reported that one,and perhaps more, new police cars (or cars) were needed by To purchase the Police Department for the year of 1960. Police car or After a brief discussion, Alderman Burgin moved that the City Engineer be and he is cars) hereby authorized toaprepare specifications and advertise for bids for one or two or three new four door sedans for the Police Department with a trade-in of one used car for each new car purchased. The motion was seconded by Alderman Smith and passed unanimously. Alderman Lunsford reported the City Engineer had received quotations for a 7 foot fabric Fence to woven wire fence with bracket arms with 3 barbed wires around the Water & Sewer Dept. be built. Pipe and Supply yard at the City Disposal Plant (t6 replace an inadequate existing fence I hich are as follows: Modern Fence Co. ----- ------ $1,589.44 A-1 Model Fencing Co. -------- 11628.00 United Fence Co. •----- .... 11593.91 rman Lunsford moved to accept the quotation of the Modern Fence Co. for $1,589.44 authorize purchase order for same. motion was seconded by Alderman Smith and upon roll call the following vote was rded: "Aye" Barnhart, Smith, Lunsford, Hatfield, Kent, and Walker. At None."Not voting" Burgin. ,e being six "Ayes" and no "Nays" with one Alderman not voting, the Mayor declared .on passed. . Roy Scott, Mr. W. J. Lemke, and others appeared before the Council in regard to taining a location for the old Archibald Yell house now owned by Bryan Walker. action was taken at this time, are being no further business, Alderman Kent moved to adjourn. The motion was seconded Alderman Barnhart and passed unanimously, whereupon the Mayor declared the meeting journed. APPROVED: GUY =BJ , A 0 Regular The City Council of Fayetteville, Arkansas, met in regular session on Monday, January 25, Meeting 1960, at 7:30 P. M. January 25, 1960. Present: Mayor Guy E. Brown, City Clerk George J. Davis, City Controller Albert J. Jones, lity Attorney A. D. McAllister Jr., City Engineer W. C. Smith, Chief of Police Pearl atts, Fire Chief Burl Skelton, and Aldermen: Barnhart, Smith, Burgin, Lunsford, McClelland, Hatfield, Kent, and Walker. 4 sent: None. Public Hearing to close part of West Dickson St. n U Orderlfor SChedule No. 3 Sewer Contract. minutes of the regular session on Monday, January 11, 1960, were read and approved. he Mayor reported that this was time, place and date set for the public hearing on the etition of the Utiversity of Arkansas, Board of Trustees to close that part of West ickson Street between the Westside of Ozark Avenue and the East side of Garland Avenue nd that all persons opposing the closing of said Street would be heard at this time. fter a long discussion, Alderman McClelland -recommended that the Mayor appoint a ommittee to meet with a committee from the University to make a study and recommendatio n the closing of this street. his was in agreement with the Council and the Mayor appointed the Street Committee to ake this study and recommendation. " long discussion was had concerning a Change Order in Schedule No. 3, Sewage Collection ystem, totaling $34,915.00 during which the City Controller recommended that if the hange Order were approved, that the funds in the amount of $47,674.90 be transferred rom the Vater Distribution Bond Program to the Sewage Collection System Bond Program. Iderman McClelland moved to approve the Change Order in Schedule No. 3, Sewage Collecti ystem, and to transfer $47,674.90 from the Water Distribution Bond Program to the ewage Collection System Bond Program. he motion was seconded by Alderman Lunsford and passed unanimously. Archibald Former Mayor Roy A. Scott and others appeared before the Council again to discuss plans Yell buildings wherebythe City would donate the land necessary for the location of the Archibald Yell location i uildings ( known as Waxhaws). alderman Smith moved to refer this to the Parks Committee for study and recommendation. discussid. The motion was seconded by Alderman Kent and passed by a vote of 7"Ayes"and No"Nays" As Alderman Walker abstained from voting on this question. x-60 � Beaver ITha Mayor presented a proposed contract for water storage rights from Beaver Dam Water DAm District and a proposed ordinance pertaining thereto. 6rd. after a lengthy discussion, the City Attorney read the proposed ordinance entitled, • No. 1229 11AN ORDINANCE AUTHORIZING, DIRECTING AND EMPOWERING THE MAYOR AND CITY CLERK OF THE CITY OF FAYETTEVILLE, ARKANSAS, TO ENTER INTO A CONTRACT WITH BEAVER DAM WATER DISTRICT FOR WATER STORAGE RIGHTS AND DECLARING ANDEMERGENCY". 0lderman Walker moved that the ordinance be passed. The motion was seconded by Alderman Hatfield and upon roll call the following vote was recorded: "Aye" Smith, Burgin, Lunsford, McClelland, Hatfield,.Kent, and Walker. Nay" Barnhart. There being seven "Ayes" and one "Nay", the ordinance failed to pass with just one reading for the lack of a gnanimous vote. Alderman Walker then moved that the rules be suspended and the ordinance placed on the second reading. The motion was 'seconded by Alderman Lunsford and upon roll call the following vote was recorded, "Aye" Smith, Burgin, Lunsford, McClelland, Hatfield, Kent, and Walker. Nay" Barnhart. There being seven "Ayes " and only one "NAy", the Mayor declared the motion passed. The ordinance was then read for the second time. Alderman Burgin moved that the rules be further suspended and that the ordinance be 'placed on its third and final reading. The motion was seconded by Alderman Lunsford and upon roll call the following vote was recorded, "Aye" Smith, Burgin, Lunsford, McClelland, Hatfield, Kent, and Walker. 'Nay" Barnhart. There being sevel "Ayes" and only one "NAy" the Mayor declared the motion passed. The ordinance was then read for thim third and last time. The Mayor then declared the ordinance open for discussion. After a long discussion, the Mayor asked the question, "Shall the Ordinance pass"? Upon roll call the following vote was recorded, "Aye" Barnhart, Smith, Burgin, Lunsford, McClelland, Hatfield, Kent, and Walker. There being eight "Ayes" and no "Nays", the Mayor declared the Ordinance passed. Alderman Kent then moved that the emergency clause be adopted. The motion was seconded by Alderman Hatfield and,passed unanimously, whereupon the Mayor declared the emergency clause adopted. Ordinance ORDINANCE N0. 1229 No. 1229 AN ORDINANCE AUTHORIZING, DIRECTING AND EMPOWERING,THE MAYOR AND CITY CLERK OF THE CITY OF FAYETTEVILLE, ARKANSAS, TO ENTER INTO A CONTRACT WITH BEAVER DAM WATER DISTRICT FOR WATER STORAGE RIGHTS AND DECLARING AN EMERGENCY. WHEREAS, the U. S. Corps of Engineers, Department of the Army, United States of America, is in the process of constructing Beaver Dam Reservoir and Beaver Dam on the White River in the State of Arkansas; and WHEREAS, Beaver Dam Water District has been duly organized as a public, non-profit regional water distribution district under Act No. 114 of the 1957 Acts of the General Assembly of Arkansas with full power to acquire title to water stored in said reservoir and water storage and withdrawal rights and to sell and distribute such water to municipal- and ities, WHEREAS, the City of Fayetteville, Arkansas, has aniurgent need of an additional supply and quantity of water and said need will increase in the future; and WHEREAS, in order that Beaver Dam Water District may acquire water storage rights in said reservoir for the benefit of the City of Fayetteville and other participating cities, it is necessary that the City of Fayetteville contract with said District to pay its I roportionate share of said water storage rights; and WHEREAS, the City of Fayetteville, acting through its duly elected City Council, and the Board of Directors of Beaver Dam Water District, have agreed upon the terms and con- ditions upon which the said City shall purchase water storage rights from said District; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk be and they are hereby authorized, directed and empowered to execute a contract for water storage rights from Beaver Dam Water District I ith the Board of Directors of said District, a true and correct copy of which contract shall be set forth in the minutes of the proceedings of the Fayetteville City Council, Section 2. That it is hereby ascertained and declared that in order to protect the health, lives, and property of the inhabitants of the City,.it is necessary to obtain an adequate and abundant supply of fresh, wholesome water, and in order to obtain such.supply, to contract for'storage rights of said water prior to completion of Beaver Dam; therefore, an emergency exists and this ordinance, being necessary for the preservation of the public ea e, health and welfare, shall take effect and be in force from and after its passage. PASSED THIS 25th day of January, 1960. I APPROVED: 2--JAA EATTEST: a GUY . WN, MAYOR GEO G J. ZNVISO CITY CLERK BeaverDam ' Contract, CONTRACT THIS CONTRACT entered into by and between the City of Fayetteville, Arkansas, hereinafter called"City"), acting by and through its Mayor and City Clerk, duly authorized o to act, and Beaver Dam Water Distriet(hereinafter called "District"), a duly organized nd existing regional water distribution district under the laws of Arkansas, consisting of • enton and Washington Counties, Arkansas, acting by and through its Board of Directors, my authorized so to act, WITNESSETH: 1. For and in consideration that the District is obligated to enter into a firm con- raot with the U. S. Corps of Engineers for the inclusion of 35,0002000 gallons per day Beaver sof industrial and domestic water storage in Beaver Dam Reservoir, the City will pay to • DAm I he District, commencing on the date the U. S1 Corps of Engineers notifies the District in Contractwriting that said 35,0002000 gallons of domestic and industrial water are stored in said If ready for use, the sum of $20,000. per annum for a period of fifty (50) years (from said date. 2. For and in consideration of said annual payments by the City, the District will ,deliver good title to the City to 11,000,000 gallons per day of said 35,000,000 gallons per day water storage, and title to said water storage rights shall continue in the City 3. Of an•additional 85,000,000 gallons per day of industrial and domestic water to be included and stored in said Reservoir the City shall have the right to purchase from the District additional gallongge per day of water storage rights up to the amount of 19,000,000 gallons per day of said additional 85,000,000 gallons per day of water storage upon the payment of an increased annual payment of like proportion. IN WITNESS WHEREOF, this contract is executed in duplicate originals this 27th day of January, 1960. CITY OF FAYETTEVILLE, ARKANSAS (SEAL) BY' ATTEST: MAYO CITY CLERK BEAVER DAM WATER DISTRICT a}1111 lN8 SECRETARY BY DIRECTOR BY DIRECTOR BY Accepting' % BY certain DIRECTOR Annexed- The City Clerk then read a proposed ordinance in its entirety entitled, "AN ORDINANCE CTerr.itory. ACCEPTING TERRITORY ANNEXED TO THE CITY OF FAYETTEVILLE, ARKANSAS, ASSIGNING SAID (Abshiier TERRITORY TO WARDS AND FOR OTHER PURPOSES". Property Alderman Walker moved that the ordinance be passed. Northwest The motion was seconded by Alderman Kent and passed unanimously, whereupon the Mayor part of declared the Ordinance passed. City) 9RDINANCE N0, 1230 AN ORDINANCE ACCEPTING TERRITORY ANNEXED TO THE CITY OF FAYETTEVILLE, ARKANSAS, ASSIGNIr Ordinance SAID TERRITORY TO WARDS AND FOR OTHER PURPOSES, No. 1230 WHEREAS, the County Court of Washington County, Arkansas, did on November 30, 1959, make an'order annexing the following described territory to the City of Fayetteville, (Arkansas, to -wit: Beginning at the northwest corner of the Southwest Quarter (SW 1/4) of the''.Northq,ast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) of Section S. Township 16 North of ange 30 West of the 5th Principal Meridian, thence South 660 feet; thence East 1331.80 eet; thence North 660 feet; thence West 133.1.80 feet to the place of beginning. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, RKANSAS: Sectioril.l. That the annexation of the above described territory to the corporate is of the City of Fayetteville, Arkansas, be and the same is hereby accepted. Section 2. That all of the above described territory is hereby assigned to and part of Ward 4 of the City of Fayetteville, Arkansas. PASSED AND APPROVED THIS' 25th DAY OF JANUARY, 1960. APPROVED: Uuz his v3AUWiv, mAzutt ATTEST: GEORG Stf C� The City Attorney introduced and read a proposed ordinance in its entirety entitled, "AN ORDINANCE AMENDING ORDINANCE N0. 1083 AS AMENDED BY ORDINANCES NO. 1197 and 1214 RELATING TO TRAFFIC AND REGULATING THE USE OF OFF-STREET PARKING FACILITIES OF THE CITY OF FAYETTEVILLE, ARKANSAS,CREATING AND DEFINING PARKING METER ZONES; PROVIDING FOR THE DESIGNATION OF INDIVIDUAL PARKING SPACES; DEFINING AND PROVIDING 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 AND PROVIDING FOR THE CODLECTION AND DISPOSITION OF SUCH COINS, REPEALING CONFLICTING ORDINANCES; PROVIDIN FOR THE ENFORCEMENT THEREOF; DEFINING OFFENSES AND PRESCRIBING PENALTIES; AND PROVIDING • THAT INVALIDITY OF PART SHALL NOT AFFECT THE VALIDITY OF THE REMAINDER". Alderman Walker moved that the Ordinance be passed. The motion was seconded by Alderman Smith and passed unanimously, whereupon the Mayor declared the Ordinance passed. Alderman Smith then moved that the emergency clause be adopted. The motion was seconded by Alderman Walker aid passed unanimously, whereupon the Mayor declared the emergency clause adopted. 4"62 x No. I ORDINANCE N0.1231 AN ORDINANCE AMENDING ORDINANCE NO 1083 AS AMENDED BY ORDINANCES N0, 1197 AND 1214 • RELATING TO TRAFFIC AND REGULATING THE USE OF OFF-STREET PARKING FACILITIES OF THE CITY a' FAYETTEVILLE, ARKANSAS, CREATING AND DEFINING PARKING METER ZONES; PROVIDING FOR THE DES IGNATION OF INDIVIDUAL PARKING SPACES; DEFINING AND PROVIDING FOR THE INSTALLATION, OPERAT- ION AND MAINTENANCE OF PARKING METERS; PRESCRIBING PARKING TIME LIMITS; 11EQUIRING 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, E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF' FAYETTEVILLE, ARKANSAS: ECTION 1. That Section 2 of Ordinance No. 1083 as amended by Section 1 of Ordinance 1197 nd Section 1 of Ordinance No. 1214, be amended so as to add thereto as an additional arking meter facility the following described real estate situated within the corporate imits of the City of Fayetteville, Arkansas, to -wit: . A part of Block 7, of the Original Plat of the City of Fayetteville, Arkansas, more articularly described as beginning at a point 13 feet and 2 inches --South of the Northwest orner of said Block 7, running thence East 50 feet, thence South 267 feet, thence West 0 feet, thence North 267 feet to the point of beginning. Section 2. That Section 6 of Ordinance No. 1083 be and the same is hereby amended o read as 1s o Tows, to -wit: SECTION 6. Parking Time Limits. (a) Parking or standing a vehicle in a designated pace in a parking meter facility shall be lawful for twelve (12) Minutes upon deposit of, one cent coin, twenty-four (24) minutes upon the deposit of two (2) one cent coins, hirty-six (36) minutes upon the deposit of three (3) one -cent coins, forty-eight (48) inutes upon the deposit of four one -cent coins, or sixty (60) minutes upon the deposit of ive (5) one -cent coins or one(1) five -cent coin of the United States of Amebica; such arking shall also be lawful for like periods of time for certain designated parking meters rom one(l) hour to ten(10) hours, inclusive, upon depositing the necessary amount of corns, ither nickels or quarters, required for the amount of parking time desired at the afore aid rates of five (5) cents per hour. (b) Said parking meters shall be operated in said) arking meter facilities every day between the hours of eight o'clock A. M. and six o'clock M., except Sundays and legal holidays; provided however that parking meters in said arking meter facilities located near the intersection of Gregg Avenue and Dickson Street hall be operated every day between the hours of eight o'clock A. M. and ten o'clock P. M., xcept Sundays and legal holidays, and parking or standing a vehicle at said parking meter acility shall be lawful for sixty (60) minutes upon the deposit of one (1) five cent conn f the United States of America and such parking shall also be lawful for six (6) hours pon the deposit of one quarter coin of the United States of America. Section 3. That all ordinances and parts,of ordinances in conflict herewith are here - y repealed, 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 mist, and this ordinance shall be in full force and effedt from and after its passage and pproval. PASSED AND APPROVED THIS 25th day of January, 1960. APPROVED: 0%! GUY E. BROWN9 MAYOR lelland The City Clerk presented a plat for a Subdivision to be known as the McClelland Addition ition. to the City of Fayetteville, Arkansas, which had been approved by the Planning Commissio. lfter a brief discussion, the City Attorney introduced and read in its entirety, a . No. proposed ordinance entitled, "AN ORDINANCE TO ACCEPT AND CONFIRM THE DEDICATION OF ALL 232' STREETS, ALLEYS, AND EASEMENTS IN McCLELLAND ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS". Alderman Walker moved that the Ordinance be passed. The motion was seconded by Alderman Barnhart and passed unanimously, whereupon the Mayor I eclared the ordinance passed. ORDINANCE N0. 1232 4N ORDINANCE TO ACCEPT AND CONFIRM THE DEDICATION OF ALL STREETS, ALLEYS, AND EASEMENTS IN McCLELLAND ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS. WHEREAS, there has been duly presented to the City Council of the City of Fayettevi Arkansas, a plat dated January 1, 1960, known as McClelland Addition to the City of Fayetteville, Arkansas, and being a replat of Lots 9; 10, and part of Lot 11, of Louis H Bohlen Subdivision located in the SE s of the SW -.1f and SW 4 of the SE4, Section 3, Townsh 16 North, Range 30 West of the Fifth Principal Meridian, by which the owners of the plat real estate have dedicated for the public use the streets, alleys, and easements shown pon said plat; and ^ WHEREAS, the City Planning Commission of the City of Fayetteville, Arkansas, has recommended the acceptance of said plat; c...... NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, RKANSAS: Section 1. That the City of Fayetteville, Arkansas, hereby accepts and confirms the edication of all streets, alleys, and easements, dedicated in McClelland Addition to th ity of Fayetteville, Arkansas, and hereby declares said streets, alleys and easements t e public streets, alleys and easements; and the said City Council hereby assumes the are, control and jurisdiction of the same. e, M n LJ Ord. No. • 1232 Parkin meters be cha and 60 purcha Budget 1960 accept Appoint to Plan Commiss Adjustm Appeals Boards Standin Committ Publ Hear on a for Buse r L Section 2. That this ordinance shall take effect from and after its passage, ovT�ublication. DATES THIS 25th day of January, 1960. TTEST: APPROVED: (� GUY ROW , MAYOR GE G / . DAVIS, CITY CLERK 463 The City Engineer r__ep�q�ted that some ch��a�,n�es in the type of parking meters were needed from the 5� per twoWe to the 5¢ pe We near the Off -Street Parking Lot at the d intersection of East Avenue and Meadow Street and he further recommended the purchase of 60 ten-hour parking meters of the 5� per hour type for this parking lot and the replacement of some old type meters in Parking Lot No. 1. Alderman Smith moved to accept the recommendation of the City Engineer andAhe is hereby authorized to make the changes he deems necessary; also that the City Engineer be and he is hereby authorized to prepare specifications, advertise for and receive bids, and make purchase of 60 ten-hour parking meters'of the 5� per hour type. The motion was seconded by Alderman Burgin and passed unanimously. th t the Council Alderman Kent mw ed accept the budget for the year of 1960 as presented in the book by the Finance Commit ee. The motion was seconded by Alderman Walker and passed unanimously. The Mayor reported that the term of office had expired for three members of the is Planning Commission, One on the Board of Adjustment, and one on the Board of Appeals. g He recommended that Emery Gose, James Phelps, and Miss Suzanne C. Lighton be reappointed to the Planning Commission for a term of six years, George Bowen to be reappointed to the Board of Adjustment for'--aterm of 5 years, and G. C. Thomas to be appointed to the Board of Appeals xl""&) 7Klderman Kent moved that the appointments to the various Boards be made as recommended by the Mayor. The motion was seconded by Alderman Walker and passed unanimously. for The Mayor announced that the Standing Committees for the year of 1960, would be as follows: 1. AUDITING & FINANCE 2. WATER 3. STREET & STREET LIGHTING 4. POLICE & FIRE 5. AVIATION & CIVIL DEFENSE 6. BUILDING & INSURANCE ORDINANCE & PARKS . SANITATION & HOSPITAL . SEWER 9. SHOP STANDING COMMITTEES FOR 1960 KENT, BURGIN, BARNHART McCLELLAND, KENT, LUNSFORD SMITH, McCLELLAND, LUNSFORD BURGIN, KENT, BARNHART LUNSFORD, McCLELLAND, KENT BARNHART, SMITH, WALKER, BURGIN HATFIELD, McCLELLAND, WALKER BROWN, McCLELLAND, LUNSFORD WALKER, SMITH, HATFIELD ere being no further business, Alderman Burgin moved to adjourn, e motion was seconded by Alderman Walker and passed unanimously, whereupon the Mayor clared the meeting adjourned. APPROVED: GEQYUB�ws DAVISg CITY CLERK he City Council of Fayetteville, Arkansas, met in regular session on Monday, February 8 960, at 7:30 P. M. resent: Mayor Guy E. Brown, City Clerk George J. Davis, City Controller Albert J. Jones ity Attorney A. D. McAllister Jr., City Engineer W. C. Smith, Chief of Police Pearl atts,'Fire Chief Burl Skelton, and Aldermen: Smith, Burgin, Lunsford, McClelland, atfield, Kent, and Walker. bsent: Alderman Ralph Barnhart. (The minutes of the regular meeting on Monday, January 25, 1960, were read and approved. rauthority he Mayor reported that this was the time, date, and place set by the City Clerk under g contained in Ordinance No. 882 of the City Ordinances of Fayetteville, licationrkansas, for a public hearing on an application for a Certificate of Public Convenience ty land Necessity for operation of buses within the corporate limits of the City of Fayette- ville, Arkansas, and that all persons, firms, or corporations having objections to said (application would be heard at this time.