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HomeMy WebLinkAbout1960-03-14 Minutes468 pr by Re ti 4- A to C 0 N g. IMr. Regu- The City Council of Fayetteville, Arkansas, met in regular session on Monday, March 14, to_1construct�d building where the Washington Building (Old Washington Hotel) is now lar 1960, at 7:30 P.M. meeting. for its west wall. Present: Mayor Guy E. Brown, City Clerk George J. Davis, City Controller Albert J. Jones After a lengthy discussion, Alderman Burgin moved this be referred to the Building & City Attorney A. D. McAllister Jr., Chief of Police Pearl Watts, Fire Chief Burl Skelton The motion was seconded by Alderman Smith and passed unanimously. and Aldermen: Smith, Burgin, Hatfield, Kent, and Walker. Alderman Smith then introduced and read a proposed resolution in regard to the proposed olu- Absent: City Engineer W. C. Smith and Alderman Lunsford and Barnhart. Absent at. roll cal n Alderman Smith then moved that the resolution be adopted. but later entering: Alderman McClelland. The motion was seconded by Alderman Hatfield and passed unanimously, whereupon the Mayor The minutes of the regular session on Monday, February 22, 1960, and of the special RESOLUTION 4-60 session on Wednesday, March 9, 1960, were read and approved. Offer The Mayor reported that a.Mr. Bill Jones had made an offer to the City to sow -parts of t of Bill Municipal Airport (Drake Field) with grass suitable for hay, to mow the airport and Jones remove the hay therefrom, and to cultivate a part of the real estate acquired from to mow hay Mrs. Mae Williams for the airport. onlAirport.After a brief discussion, Alderman Smith moved to refer this to the Airport Committee fo study and recommendation at the next regular Council meeting on March 28, 1960. The motion was seconded by Alderman Kent and passed unanimously. pr by Re ti 4- A to C 0 N g. IMr. Hal Douglas and State Senator Clifton Wade appeared before the Council with a propos posed to_1construct�d building where the Washington Building (Old Washington Hotel) is now Hal located, said building to adjoin and use the east wall of the City Administration Buildi Blas. for its west wall. After a lengthy discussion, Alderman Burgin moved this be referred to the Building & Insurance, Ordinance & Parks Committee for study and recommendation. The motion was seconded by Alderman Smith and passed unanimously. Alderman Smith then introduced and read a proposed resolution in regard to the proposed olu- building referred to above. n Alderman Smith then moved that the resolution be adopted. 0 The motion was seconded by Alderman Hatfield and passed unanimously, whereupon the Mayor declared the Resolution adopted. RESOLUTION 4-60 WHEREAS, the building known as the Washington Hotel Building and Arkansas National Bank, now located at the corner of West Mountain Street and South Block Avenue in the City of Fayetteville, Arkansas, encroaches upon the concrete sidewalk running north and south along the west boundary of Block Avenue right of way, which sidewalk is also adjacent to the east wall of said building; and WHEREAS, a property survey dated February 3, 1960, prepared by John E. Mahaffey a ssociates, Consulting Engineers, Fayetteville, Arkansas, for Fulbright Investment Com eflects the fact that the east wall of said Washington Hotel Building encroaches 0.7 n said concrete sidewalk at the northeast corner of said hotel building, and that the outheast corner of said hotel building encroaches a distance of 0.5 feet on said cone idewalk; and [d �, WHEREAS, it appears that said hotel building has encroached upon said concrete side' - k for more than the past fifty years, and has not and will not interfere with pedestrian ffic upon said concrete sidewalk; and WHEREAS, Fulbright Investment Company will expend in excess of $225,000.00 in ting a new building in the place of said 'existing building and will remove all at and step encroachments extending east of the existing building line as same now caches upon said concrete sidewalk. NOW, THEREFORE, BE IT RESOLVED, that said building, known as the Washington Hotel uilding and Ark%nsas National Bank Building, be permitted to encroach upon said concrete idewalk to the extent that the east line of said building now encroaches upon said concrete r as an extension of said building line to the south would encroach.upon said concrete idewalk. ASSED AND APPROVED THIS 14th day of March, 1960. APPROVED: ATTEST:,,/ ,, GUY E. BR WN, MAYOR G R 4J. DAVIS, CITY CLERK nge The Mayor reported that a change order had been recommended by Consulting Engineer r arion L. Crist on Schedule No. 1 on the contract of Forsgren Bros. for the Sewer -Lines erred in the 1958 Water and Sewer Expansion Program. ewer After a brief discussion, Alderman Hatfield moved to refer this to the Sewer Committee nittee. for investigation, recommendation, and report. 'The motion was seconded by Alderman Kent and passed unanimously. The Mayor reported that the City Hospital had requested that the money in the City Hospi spital Maintenance Fund and the Hospital Building Fund in the amount of $8,057.76 be transferr ey to the City Hospital Board of Trustees for Hospital Operation. nsferredAlderman Hatfield moved that the City Controller be and he is hereby authorized to trans fer the Taxes received for Hospital Maintenance and the cash in the Hospital Building Fund in the total amount of $8,057.76 to the City Hospital Board of Trustees. The motion was seconded by Aldermai Kent and passed unanimously. nes State Senator Clifton Wade appeared before the Council in behalf of the heirs of the oerty Byrnes Estate property which is now under lease by the City. t This property was leased by the pity, with option to purchase, from Mary E. Byrnes, now eased deceased, on November 16, 1954, for a ten year period ending November 16, 1964, for the sum of $500.00 per month for the first five years with provisions in Paragraph 1 of the 0. Lease Agreement whereby the owners would renogiate with the City as to the monthly rate mol rental to be paid by the City for the last 5 years. (November 16, 1959 - November 16, 1 Senator Wade reported that the owners had agreed to accept an additional $100.00 per mo or a total sum of $600.00 per month for the last 5 year period of the lease. After a long discussion, Alderman Burgin moved that pursuant to terms of the provisions Paragraph numbered 1 of the Lease Agreement, that the City pay an additional $100.00 pe month or a total sum of $600.00 per month rental for the 5 year period November 16, 195 November 16, 1964• and that the Mayor and City Clerk are her uthorized to executy s The motion was seconded by Alderman Walker and passed unanimous y. a reement to this of } ase t. E • • The Mayor reported that some new trucks were needed by the various departments of the Purchase of Jity to replace old trucks now in use and it was deemed advisable to purchase all of trucks for the needed vehicles at one time. Water,) �41derman Smith moved that the City Engineer be authorized to prepare specifications and Sanitatipn,and notice to bidders and to advertise for bids for two new trucks for the Water Department, Street,Depts. bne for the Sanitation Department, one for the Street Department, and one for the Buildi Also for Tnspector with trade-in of old trucks on all the new vehicles except the one for the Bldg. Insp. �uilding Inspector4ey)(iCY eip y✓iF.ti dB EiTNFR W 4r# oK W%rN4z/7' )VyoE /Avr �4lderman Smith further moved that' the Water Committee be authorized to purchase the tvo vehicles for the Water Department; The Sanitation Committee be authorized to purchase th )ehicle for the Sanitation Department; that the Street Committee be authorized to purcha Phe vehicle for the Street Department; and that the Building Inspector and the Building Committee be authorized to purchase the vehicle for the Building Inspector, with trade- ins as listed above. The motion was seconded by Alderman Burgin and passed unanimously. Dog Ord nance. Aderman McClelland entered at this time and was noted by the Clerk. passe,. The City Attorney introduced another proposed Dog Ordinance which had been recommended Py the committee appointed by the Mayor at the last regular meeting and entitled,"AN ORDINANCE CREATING.THE OFFICE OF HUMANE OFFICER, PROHIBITING THE RUNNING AT LARGE OF DOG Q:ND PROVIDING FOR FINES AND PENALTIES FOR THE VIOLATION". After a long discussion, Aldermen Hatfield moved to place the ordinance on its first reading. The motion was seconded by Alderman Burgin and upon roll call the following Grote was recorded, "Aye" Smith, Burgin, McClelland, Hatfield, and Kent. "Nay" Walker. There being five "Ayes" and only one "Nay", the Mayor declared the motion passed and the ity Attorney read the ordinances in its entirety for the first time. P Alderman Kent then moved that the rules be suspended and that the ordinance be placed on �ts second reading: The motion was seconded by Alderman Burgin and passed unanimously. The ordinance was then read for the second time. Alderman Smith moved that paragraph 1 of the proposed ordinance be amended by deleting a portion thereby making it a violation for.dogs to run loose at any time. •Aderman e motion was defeated for lack of a second, Walker then moved to change the penalty clause to read not less than five llars and not more that fifteen dollars instead of not ]ess than ten dollars nor more enty five dollars. The motion wassseconded by,Aldermaz McClelland and upon roll call the following vote was �ecorded: "Aye" Burgin, McClelland, Kent, and Walker. "Nay" Aldermen Smith and Hatfield. 'here being four "Ayes" and two "Nays", the Mayor declared the motion to amend the (ordinance defeated for lack of a two thirds majority of the Council required. Lderman Burgin than moved to amend the penalty clause of the ordinance make the fine o v'olat'ot a t�?�an v ¢ ollars nor more than twenty five dollars and that the inafice iatc ~ ier rr and final reading as amended, 1�he motion was seconded by Alderman McClellaand and passed unanimously. The ordinance as amended was then read for the third and last time. The Mayor then declared the ordinance open for discussion. here being no further discussion, the Mayor asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye" Smith, Burgin, McClelland, Hatfield, Kent, and Walker. "Nay"'None. Phere being six "Ayes" and no "Nays", the Mayor declared the Ordinance passed/9S pri6KA6R ORDINANCE N0, 1233 ORDINANCE CREATING THE OFFICE OF HUMANE OFFICER PROHIBITING THE RUNNING AT LARGE OF S; AND PROVIDING FOR FINES AND PENALTIES FOR THE VIOLATION; AS AMENDED. IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. It shall be unlawful for the owner of any unlicensed stray dog or dogs, r any unspayed female dog or dogs, whether licensed or unlicensed, or any person having harge of any such dog or dogs, to allow or permit such dog or dogs to run at large upon ny premises or street within the corporate limits of the City of Fayetteville, Arkansas t shall be unlawful for the owner of all other dogs, or any person having charge of all ther dog or dogs to allow or permit such dog or dogs to run at large upon any premises r street within the corporate limits of the City of Fayetteville, Arkansas, during the onths of April, May, June, July, August, and September of each year. "At large" shall e construed in this section to mean off the premises of the owner, and not under the ontrol of the owner of a member of his immediate family, either by leash, cord, chain, r otherwise, Section 2. That there is hereby created the office of Humane Officer whose salary hall be fixed by the City Council. Section 3. The Humane Officer shall be appointed by the Mayor subjedt, however, to he consent and approval of the Fayetteville City Council. That the Humane Officer shall xercise the powers and duties as provided in this ordinance and in addition thereto hall perform such duties as may be delegated to him by the Mayor and/or City Council. Section 4. It is hereby made the duty of the Humane Officer of this City to take in ustody any and all dogs that may be found running at large within the corporate limits f the said city in violation of the terms and provisions of this ordinance or any and a ogs habitually displaying vicious or destructive propensities, whether licensed or nlicensed, and to place the same in the City Dog Pound, hereinafter provided for. Section 5. It is hereby made the duty of the Mayor and Humane Officer of the City o ayetteville to provide a suitable place to be known and designated as the "City Dog ound" to carry out the provisions of this ordinance. 1a P CN 1 Section 6. After the expiration of five days after any dog has been placed in the ity Dog Pound, as herein provided for, it shall be the duty of the Humane Officer to kill uch dogs and dispose of the carcass, and the day of taking up of such dog shall be ounted the first day. Provided the owner of any dog may within the five days above pro- ided for at any time before the dog is killed, redeem or claim such dog and have the ame delivered to him upon the payment of the costs of such taking up which is ascertained o be fifty cents (50�) for each day such dog has been in the City Dog Pound, together ith the costs of licensing and vaccinating any unlicensed and/or unvaccinated dog, to he Humane Officer who shall remit all such payments to the City Controller. 470 c ORDINANCE N0. 123.3 --(Continued)____ IDog rdinanca (Cont.) Section 7. All fees received by the Humane Officer as provided for in Section 6 of this. Ordinance, and all fines assessed and collected for the violations of this Ordinance shall be paid to the -City Controller as General Fund Revenues. - Section 8.•Whenever any dog has been placed in the pound as provided for in Section16 that has a collar bearing a City License Tag, it shall be the duty of the Humane Officer to notify the owner or the person to whom the license tag was issued, if such person orl owner can be found, that the dog has been taken up and placed in the City Dog Pound, and will be killed within five days unless the fee is paid as provided in Section 6 of this ordinance. Section 9. It is ascertained by the City Council that the provisions of this Ordi are separate and independent, and if'any word, clause, sentence, or section should be declared void by a court of competent jurisdiction, it shall not interfere.with the remaining provisions thereof. Te City Council of Fayetteville, Arkansas, met in regular session on Monday, March 28 Regular Section 10. Any person or persons violating any of the provisions of sections of th 11h Ordinance shall upon conviction before the Police Judge be deemed guilty of a misdemea Meeting. and fined in any sum not less than $5.00 nor more than 425.00 City Section 11. It is further declared by the City Council that this Ordinance is inten Fire to be accumulative to the ordinances now in force and repeals only such ordinances and }dent, parts of ordinances as are in direct conflict herewith. Absent: PASSED AND APPROVED THIS 14th day of March, 1960. The APPROVED: Mr. ATTEST: a GUY E.f BROWN, MAYOR Street Chamber G AVIS, CITY CLERK Actions meed The City Attorney reported that, due to the fact that Alderman Lynn Smith could not be oflCouncil The notified for the special meeting on Wednesday, March 9, 1960, it would be necessary for at tradein the Council to ratify the actions of the Council at that time. special four years. meeting Street After Alderman Burgin moved to ratify the actions of the City Council in the purchase of the ratified. ittee. study Shofner real estate and License Agreement at the special session on Wednesday, March 9, The 1960. The motion was seconded by Alderman Hatfield and passed unanimously. There being no further business, Alderman Smith moved to adjourn. The motion was seconded by Alderman Walker and passed unanimously, whereupon the Mayor declared the meeting adjourned. APPROVED: ATTEST: 43HOWN2AOR -,o�C GEVG1�TJ. DAV S� TY CLERK 7 96 9 .00 State Senator Clifton Wade and Hal Douglas appeared before the Council in behalf of the Sen. Wade Fulbright Investment Co. in regard to the construction of a building which had been dis- & Hal cussed at the last regular Council meeting on March 14; 1960. Douglas After a lengthy discussion, The City Attorney introduced and read a proposed ordinance in before its entirety for the first time entitled, "AN ORDINANCE RELEASING, DISCLAIMING, VACATING Council. AND CONVEYING TILE PASSAGEWAY OR OPEN AREA BETWEEN THE EAST BUILDING LINE OF THE BUILDING KNOWN AS THE CITY ADMINISTRATION BUILDING AND THE WEST BUILDING LINE OF THE BUILDING KNOWN AS THE WASHINGTON HOTEL BUILDING, AND FOR OTHER PURPOSES". "Aderman Burgin moved that the rules be suspended and that the ordinance be placed on the second reading. Ord. The motion was seconded by Alderman McClelland and passed unanimously. No. 1234. The ordinance was than read for the second time. passed. Alderman Smith than moved that the rules be further suspended and the ordinance placed on I ts third and final reading: The motion was seconded by Alderman Burgin and passed unanimously. The ordinance was then read for the third and last time. The Mayor then declared the opdinance open for discussion. There being no further discus ion, the Mayor asked the question, "Shall the Ordinance pass"? T tpon roll call the following vote was recorded, "Aye" Smith, Burgin, Lunsford McClelland, atfield, Kent, and Walker. "Nay" None. There being seven "Ayes" and no "Nays', the iIayor declared the ordinance passed. #lderman Burgin then moved that the emergency clause be adopted. The motion was seconded by Alderman Smith and upon roll call the following vote was recorded, "Aye" Smith, Burgin, Lunsford, McClelland, Hatfield, Kent, and Walker. "Nay" none. There being seven "Ayes" and no "Nays", the Mayor declared the emergency clause adopted. • 11h 960, at 7:30 P.M. Meeting. resent: Mayor Guy E. Brown, 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 Wat Fire Chief Burl Skelton, and Aldermen; Smith, Burgin, Lunsford, McClelland, Hatfield, }dent, and Walker. Absent: Alderman Ralph Barnhart. The minutes of the regular meeting on Monday, March 14, 1960, were read and approved. Mr. Morris Collier and several other members of the'Retail Merchants Committee of the Street Chamber of Commerce of Fayetteville, appeared before the Council and discussed the Cleaning meed of cleaning the streets of Fayetteville. discussed. The Mayor reported that a new street sweeper was needed and that he had an offer of $100 tradein for the old street sweeper which is worn out and has not been used for three or Referred four years. to Street After a brief discussion, Alderman Burgin moved to refer this to the Street Committee fo Col ittee. study and recommendation. The motion was seconded by Alderman Walker and passed unanimously. 7 96 9 .00 State Senator Clifton Wade and Hal Douglas appeared before the Council in behalf of the Sen. Wade Fulbright Investment Co. in regard to the construction of a building which had been dis- & Hal cussed at the last regular Council meeting on March 14; 1960. Douglas After a lengthy discussion, The City Attorney introduced and read a proposed ordinance in before its entirety for the first time entitled, "AN ORDINANCE RELEASING, DISCLAIMING, VACATING Council. AND CONVEYING TILE PASSAGEWAY OR OPEN AREA BETWEEN THE EAST BUILDING LINE OF THE BUILDING KNOWN AS THE CITY ADMINISTRATION BUILDING AND THE WEST BUILDING LINE OF THE BUILDING KNOWN AS THE WASHINGTON HOTEL BUILDING, AND FOR OTHER PURPOSES". "Aderman Burgin moved that the rules be suspended and that the ordinance be placed on the second reading. Ord. The motion was seconded by Alderman McClelland and passed unanimously. No. 1234. The ordinance was than read for the second time. passed. Alderman Smith than moved that the rules be further suspended and the ordinance placed on I ts third and final reading: The motion was seconded by Alderman Burgin and passed unanimously. The ordinance was then read for the third and last time. The Mayor then declared the opdinance open for discussion. There being no further discus ion, the Mayor asked the question, "Shall the Ordinance pass"? T tpon roll call the following vote was recorded, "Aye" Smith, Burgin, Lunsford McClelland, atfield, Kent, and Walker. "Nay" None. There being seven "Ayes" and no "Nays', the iIayor declared the ordinance passed. #lderman Burgin then moved that the emergency clause be adopted. The motion was seconded by Alderman Smith and upon roll call the following vote was recorded, "Aye" Smith, Burgin, Lunsford, McClelland, Hatfield, Kent, and Walker. "Nay" none. There being seven "Ayes" and no "Nays", the Mayor declared the emergency clause adopted. •