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HomeMy WebLinkAbout1962-12-17 MinutesThere being no further business, Alderman Burgin moved to adjourn. The motion was seconded by Alderman hristie and passed unanimously, whereupon the Mayor declared the meeting adjourned. TTEST: n e APPROVED: *;=R0 GEORGE(I'. ,�PKVIS, CITY CLERK The City Council'of Fayetteville, Arkansas, met in regular session on Monday, December 17, 1962, at 7:30 .M. Present: Mayor Guy E. Brown, City Clerk George J. Davis, City Controller Albert J. Jones, City Attorney Bass Trumbo, City Engineer W. C. Smith, Fire Chief Burl Skelton, and Aldermen: Heflin, Christie, Wheeler, Thomas; Burgin, Faucette, and Short. Absent: Alderman Earnest Standley and Chief of Police Hollis Spencer. The minutes of the regular meeting on Monday, December 10, 1962, a copy of which had previously been sent to each of the Aldermen; were approved as written, PLrchase of The City Engineer reported that he had received several bids to sell the City a welding machine and that welding recommended the,purchase of the Chrysler V8 with a four-wheeletrailer from Hobart Bros., Troy,Ohio, machine. for the total sum of $2,230.00 FOB Fayetteville, Arkansas. After a discussion.of the bids, Alderman Wheeler moved to accept the recommendation of the City Engineer and purchase the welding machine from Hobart Brow.., Troy Ohio, for the total sum of $2,230.00 F.O.B. Fayetteville, Aikansas..and th^t The motion was seconded by Alderman Burgin and passed unanimously. on I COPY OF THE BIDS FIRM AMPS ENGINE WEIGHT TOTAL COST WITH 4 WHEEL TRAILER Hobart Brothers Chrysler Troy, Ohio 600 V8 3175 lbs. $21230.00 F. 09 Be Fayett�vil Burnidge.Welding Co. 600 Hercules 2277 $2,355.00 F.O.B Pittsburg, Kansas. 6 cylinder Facto (Lincoln welder) Westinghouse Co 450 Chrysler 1710 $2,045.00 F.O.E St. Louis, Mo. 6 Cylinder Fayette Miller Welder 400 AC Onan 4Cylinder 1585 $21270.00 F.O.B Springfield, Mo. 300 AC 40 Hp FActor, P tition tc annex Attorney A. D. McAllister, Jr., appeared before the Council with a petition and a Court Order from the County Court of Washington'County, Arkansas,.annexing certain territory to the City of Fayetteville said Court territory being located contiguous to.and just north of the City L=—Its along Highway No. 112. Cider of After a loftg discussion, Alderman Thomas introduced a proposed ordinance which was read in its entirety Annexation. by Attorney McAllister entitled, "AN ORDINANCE ACCEPTING TERRITORY ANNEXED TO THE CITY OF FAYETTEVILLE, ARKANSAS, BY ORDERS OF. THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS, ASSIGNING SAID TERRITORY TO WARDS ANDFOR OTHER PURPOSES". No further action was taken at this time and the ordinance was left on its first reading. 1st City Attorney then read a proposed ordinance which had been left on the second reading at the last ding. IThe regular meeting of the Council on Monday, December 10, 1962, for the third and last time and entitled, "AN ORDINANCE VACATING AND ABANDONING A PART OF FARMINGTON STREET, WHICH IS SOUTH OF HIGHWAY NO. 62 AND WEST OF BEECHWOOD AVENUE IN THE CITY OF FAYETTEVILLE, ARKANSAS". ante The Mayor then declared the ordinance open for discussion. There being no further discussion, the Mayor asked the question, "Shall the Ordinance pass"? Upon roll call the following vote was recorded, "Aye" Heflin, Christie, Wheeler, Thomas, Burgin, Faucette and Short. "Nay" None. There being seven "Ayes" and no "Nays", the Mayor declared the Ordinance passed. ORDINANCE NO. AN ORDINANCE VACATING AND ABANDONING A PART OF FARMINGTON STREET, WHICH IS SOUTH OF HIGHWAY NO. 62 AND OF BEECHWOOD AVENUE IN THE CITY OF FAYETTEVILLE, ARKANSAS. WHEREAS, a petition was duly filed with the City Council of the City of Fayetteville, Arkansas, on 15th day of November, 1962, asking the City Council to vacate and abandon part of Farmington Street, wh is South of Highway No. 62 and West of Beechwood Avenue, in the City of Fayetteville, Arkansas, and WHEREAS, after due notices as required by law, the Council has, at the time and place mentioned in t notice, heard all persons desiring to be heard on the question and has ascertained that the street herein before, described, has heretofore been dedicated to the public use as a street; has not been actually used by the public generally for a period of at least five years subsequent to the filing of the plat; that al the owners of the property abutting upon the street to be vacated have filed with the Council their writt consent to such abandonment, and that public interest and welfare will not be adversely affected by the abandonment of such street. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. The City of Fayetteville, Arkansas, hereby releases, vacates and abandons all its rights together with the rights of the public generally, in and to the street designated as follows: A part of Farmington Street which is South of Highway No. 62 and West of Beechwood Avenue in the City of Fayettevil Arkansas, and reserving unto said City of Fayetteville, Arkansas, its successors and assigns an easement right-of-way on, over, under, and across the portion of said street hereby vacated for the purpose of constructing, installing, operating, laying and relaying, relocating, and maintaining all public utilitie locatedlor which may hereafter be located upon said vacated street by said City, or any corporation havin a franchise or right-of-way from said City, as a condition to the closing of said portion of Farmington Street, the City shall be held free and harmless from liability as to any claims of the abutting owners for damages to the property described herein, which may result from the City or other utility companies constructing, installing, operating, laying and relaying, relocating, and maintaining all public utilitie now located, or which may hereafter be located upon said vacated street, and further that the petitioners agree that they will refrain from altering or changing the grade of the terrain, which would cause damage to utility lines located in that area, now iI i Ordinance Io. SECTION 2. A copy of this Ordinance duly certified by the City Clerk shall be filed in the office of 1328 peals. the Recorder of the County and Recorded in the Deed Records of the County. that Gine Thrasher be appointed to fill this vacancy, both to become effectively immediately. (Continued) vice Alderman Burgin moved to accept the recommendation of the Mayor and to make the appointments as recommend Commission. and outlined above. . SECTION 3. This -Ordinance shall take effect and be in force from and after its passage, approval, Ordinance N(. and publication. 1329 CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AND FOR OTHER PURPOSES". PASSED AND APPROVED THIS 17th day of December, 1962. The motion was seconded by Alderman Short and passed unanimously. Judge's sa ary The ordinance was then read for the second time. APPROVED: Alderman Burgin moved that the rule be further suspended and that the ordinance be placed on the third ATTEST: 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 payor asked the question, "Shall the Ordinance pass"? Upon roll call the following vote was recorded, "Aye" Heflin, Christie, Wheeler, Thomas, Burgin, Faucette Ss�4si" GUY E. BROWN, MAYOR FORGE 9, D IS, CITY CLERK Appoint The Mayor reported that Grant G. Bergstresser had resigned from the Board of Appeals and he recommended Robert B. Bur ham that Robert B. Burnham be appointed to fill the vacancy. to Board of A peals. The Mayr further reported that Earl Hall had resigned from the Civil Service Commission and he recommend Appoint Gene Thrasher that Gine Thrasher be appointed to fill this vacancy, both to become effectively immediately. to Civil Se vice Alderman Burgin moved to accept the recommendation of the Mayor and to make the appointments as recommend Commission. and outlined above. . The motion was seconded by Alderman Wheeler and passed unanimously. The City, Attorney introduced and,at the request of the Council,read a proposed ordinance in its entirety Ordinance N(. for the first time entitled "AN ORDINANCE TO FIX THE SALARY OF THE JUDGE OF THE MUNICIPAL COURT OF THE 1329 CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AND FOR OTHER PURPOSES". Alderman Burgin moved that the rule be suspended and that the ordinance be placed on the second reading. Municipal The motion was seconded by Alderman Short and passed unanimously. Judge's sa ary The ordinance was then read for the second time. Alderman Burgin moved that the rule be further suspended and that the ordinance be placed on the third and final reading. The motion was secodded by Alderman Short 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 payor asked the question, "Shall the Ordinance pass"? Upon roll call the following vote was recorded, "Aye" Heflin, Christie, Wheeler, Thomas, Burgin, Faucette and Short. "Nay" None. There being seven "Ayes" and no "Nays", the Mayor declared the ordinance passed. Alderman Short then moved that the emergency clause be adopted. The motion was seconded by Alderman Thoma and upon roll call the following vote was recorded, "Aye" Heflin, Christie, Wheeler, Thomas, Burgin, Faucett, and Short. I,. There being seven "Ayes" and no "Nays", the Mayor declared the emergency clause adopted. ORDINANCE NO. 1329 AN ORDINANCE TO FIX THE SALARY OF THE JUDGE OF THE MUNICIPAL COURT OF THE CITY OF FAYETTEVILLE, WASHINGTO COUNTY, ARKANSAS, AND FOR OTHER PURPOSES, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the Municipal Judge of the City of Fayetteville, Arkansas, shall perform such duties as are prescribed by law for Municipal Judges of cities of first class having an aldermanic form of government. •SECTION 2. That the annual salary of the Municipal Judge of the City of Fayetteville, Arkansas, is hereby fixed at $6,600.00, which salary shall be payable in twelve equal monthly installments retroactive and commending :January 1, 1962. SECTION 3. Tha annual salary of the Judge of the Fayetteville Municipal Court shall be and remain as herein provided unless otherwise designated by the Arkansas Legislature and_ ordinance of the City of Fayetteville, Arkansas. SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5. The provisions of this ordinance are severable, and if any phrase, clause, part or provis- ion hereof shall be leld void, the remaining parts of this ordinance shall not be affected or impaired. SECTION 6. It appearing that adoption of this ordinance is in the furtherance of the administration of justice and is necessary for the immediate preservation of the public peace, welfare, and safety, an emergency is hereby declared and this ordinance shall be in force and effect from and after its passage and approval. PASSED AND APPROVED THIS 17th day of December, 1962. APPROVED: ATTEST: r GUY E. ROWN, MAYOR GEORCPL J DAVIS, CITY CLERK, There being no further business, Alderman Thomas moved to adjourn. The motion was seconded by Alderman Wheeler and passed unanimously, whereupon the Mayor declared the meeting adjourned. APPROVED: ATTEST: S s GUY BR04N, MAYOR GEO—SRC Ja`DAVIS, CITY CLERK