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HomeMy WebLinkAbout1963-05-27 Minutes220 SECTION 2. That this,Ordinance shall be in full force and effect from and after its passage, approval rd• no. and publication. 1349 continued PASSED AND APPROVED on this 13th day of May, 19630 APPROVED: 45M, / BROWN,GUY E* MAYOR A� i-�, / • Z/ 1AT• CITY CLERK There being -no further business, Alderman Keflin moved to adjourn. The motion was seconded by Alderman Faucette and passed.unanimousl•v, whereupon -the Mayor declared the Meeting adjourned. APPROVED:/ GUY Eo s/MAYOR ATTEST: 29 _ _J GEORGE. DXI�IS',�CITY � CLERK The City Council of Fayetteville, Arkansas, met in regular session on Monday, May 27, 1963, at 7:30 P. M. Regular in the Council Room in the City Administration Building: session Present: Mayor -Guy E. Brown, City Clerk George J. Davis, City Controller Albert J. Jones, City Attorney Bass Trumbo, City Engineer'W. C. Smith, Chief of Police Hollis Spencer, Fire Chief Furl Skelton, and Aldermen: Heflin, Christie, Watson, Wheeler, Thomas, Burgin, Faucette, and Short. Absent: None. ORDINANCE NO. 1350 AN ORDINANCE VACATING AND ABANDONING EDGE -100D STREET LYING WEST OF GREGG AVENUE AND NORTH OF PROSPECT Ord. No, ,STREET, IA' THE MITCHELL ADDITION TO THE CITY OF FA= EVILLE, ARKANSAS 1350 WHEREAS, a petition was duly filed with the City Council of the City of Fayetteville; Arkansas, on the 29th day of March, 1963, by Lois M. Cunningham, F. F. Stice and Charlotte A. Stice, husband and wife, asking the City Council to vacate and abandon all of the street designatedlas follows: All of Edgewood Street lying West of Gregg Avenue and North of Prospect Street, said street being situated in the, Michell Addition of the City of Fayetteville, Arkansas, and WHEREAS, after due notice as required by law, the council has, at the'time and place mentioned in the notice, heard all persons desiring to be heard on the question and has ascertained that the street, hereinbefore 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 all the owners of the property abutting upon the street to be vacated have filed with the Council their written 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 Edgewood Street lying West of Gregg Avenue and North of Prospect Street in the Mitchell Addition to.the City of'Favetteville, Arkansas, reserving unto said City of Fayetteville, Arkansas, its successors and assigns, an easement or right-of-way on, over, under and across the South'Twenty feet of said street hereby vacated for the purpose of constructs: installing, laying, and relaying, relocating and maintaining all public utilities now located, or which may hereafter be located, upon said vacated street by said City or any corporation having a franchise or right-of-way from said City, without recourse by the owner, owners, or occupants for damages incurred by the construction or maintenance of said utilities. SECTION 2. A copy of the Ordinance duly certified by the City Clerk shall be filed in the Office of the Recorder of the County and recorded in the Deed Records of the County. SECTION 3. This ordinance shall take effect and be in force from and after its passage, approval, and publication. PASSED AND APPROVED THIS 27theday of May, 1963• GUY E, BRVWN� O. ATTEST FORGE X MVIS, CITY CLERK Alderman Christie reported that -the Street Committee -had recommended the -vacating and abandoning that cating portion of Edgew6od Street lying West 6f Gregg Avenue and north of Prospect'Street, as requested in the and petition of F. F. Stice and Charlotte A. Stice, his wife, and Lois M. Cunningham, which was filed in the andoning City Clerk's Office on the 29th day of March, 1963, and on which said petition a public hearing was held ion of on Monday, April 22, 1963, there being, no opposition to the vacating of said street. The City Clerk cod St. presented letters from the three utility companies, VZ,Arkansas Western Gas Co., Southwestern Electric Power Go., and the Southwestern Bell Telephone Co. stating they had no opposition -to the vacating of said street. - The City Attorney -then introduced,and at the request of the Council,•read a proposed ordinance in its entirety entitled; "AN ORDINANCE VACATING AND ABANDONING EDGEWOOD STREET LYING WEST OF GREGG AVENUE AND NORTH OF PROSPECT STREET, IN THE MITCHELL ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS". Alderman Thomas moved that the ordinance pass. The motion was seconded by Alderman Faucette and passed unanimouslys whereupon the Mayor declared the Ordinance passed. ORDINANCE NO. 1350 AN ORDINANCE VACATING AND ABANDONING EDGE -100D STREET LYING WEST OF GREGG AVENUE AND NORTH OF PROSPECT Ord. No, ,STREET, IA' THE MITCHELL ADDITION TO THE CITY OF FA= EVILLE, ARKANSAS 1350 WHEREAS, a petition was duly filed with the City Council of the City of Fayetteville; Arkansas, on the 29th day of March, 1963, by Lois M. Cunningham, F. F. Stice and Charlotte A. Stice, husband and wife, asking the City Council to vacate and abandon all of the street designatedlas follows: All of Edgewood Street lying West of Gregg Avenue and North of Prospect Street, said street being situated in the, Michell Addition of the City of Fayetteville, Arkansas, and WHEREAS, after due notice as required by law, the council has, at the'time and place mentioned in the notice, heard all persons desiring to be heard on the question and has ascertained that the street, hereinbefore 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 all the owners of the property abutting upon the street to be vacated have filed with the Council their written 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 Edgewood Street lying West of Gregg Avenue and North of Prospect Street in the Mitchell Addition to.the City of'Favetteville, Arkansas, reserving unto said City of Fayetteville, Arkansas, its successors and assigns, an easement or right-of-way on, over, under and across the South'Twenty feet of said street hereby vacated for the purpose of constructs: installing, laying, and relaying, relocating and maintaining all public utilities now located, or which may hereafter be located, upon said vacated street by said City or any corporation having a franchise or right-of-way from said City, without recourse by the owner, owners, or occupants for damages incurred by the construction or maintenance of said utilities. SECTION 2. A copy of the Ordinance duly certified by the City Clerk shall be filed in the Office of the Recorder of the County and recorded in the Deed Records of the County. SECTION 3. This ordinance shall take effect and be in force from and after its passage, approval, and publication. PASSED AND APPROVED THIS 27theday of May, 1963• GUY E, BRVWN� O. ATTEST FORGE X MVIS, CITY CLERK 229 dHEREAS,,on the Alderman Short introduced and read a purposed resolution cancelling bonds and SUBURBAN WATER DISTRICTS Regular November, 1951, of the City of Fayetteville, Arkansas. Alderman Short then moved that the resolution be,adopted meeting into a written contract with FAYETTEVILLE The motion was seconded by Alderman Faucette and upon roll call `the following vote was recorded: continued DISTRICT "Aye" Heflin, Christie, Watson, Wheeler, Thomas, Burgin, Faucette, and Short. "Nay" None. 3 OF WASHINGTON COUNTY, Alderman Keflin then moved that the emergency clause be adopted. The motion was seconded by Alderman (hereafter sometimes referred to as Faucette and upon roll call the following vote was recorded: "Aye" Heflin, Christie, Watson, Wheeler, Thomas, Burgin, Faucette, and Short. "Nay!' none. RESOLUTION N0, 10-63 WHEREAS, on the 10th day of April, 1950, the CITY OF FAYETTEVILLE,-ARKANSAS, (hereafter sometimes Resolution referred to as "CITY"), entered into a written contract with FAYETTEVILLE, SUBURBAN WATER DISTRICT N0. 1 No* 10-63 OF WASHINGTON COUNTY, ARKANSAS (hereafter sometimes ref6rred to as "DISTRICT NO. 111), whereby the CITY agreed, in consideration of the furnishing by DISTRICT NO. 1 of the funds to construct a water pipeline system to serve the territory embraced within the boundaries of DISTRICT NO. 1, to construct the system, service the systern,'furnish water, read all meters, collect the bills and pay to DISTRICT NO. 1 one-half of all revenues collected from users of city water within the boundaries of DISTRICT NO. 1, such payments to continue so long as any bonds"of,DISTRICT NO. 1 are outstanding and unpaid or for a period of twenty years, whichever occurs sooner; and dHEREAS,,on the 6th day of November, 1951, the CITY entered into a written contract with FAYETTEVILLE SUBURBAN 19ATER DISTRICT NO. 3 OF WASHINGTON COUNTY, ARKANSAS (hereafter sometimes referred to as "DISTRICT N0. 3"), whereby the CITY agreed, in consideration of'the construction and conveyance to the CITY by DISTRICT N0. 3 of a water pipeline system to serve the territory embraced within the loundaries of DISTRICT N0. 3, to service the system,•£urnish water,'read all meters, collect the bills, and pay, to DISTRICT N0: 3 one-half of all revenues collected from users of city water within the boundaries of DISTRICT NO. 3, such payments to continue so long as any bonds of DISTRICT NO. 3 are outstanding and uhpaid or for a period of twenty ,years, whichever occurs sooner; and DISTRICT NO. 1 -has issued its Bonds Nos. 1-86, inclusive, dated September 1, 1950, in the principal sum of $82,000.00, of whicht only the following bonds are outstanding. and unpaid: (1) Bond No. 55 in the principal sum of $500.00, maturing on September 1, 1964; and (2) Bond No. 86 in the principal Pum of $500.00, maturing on September 1, 1970; and DISTRICT NO. 3 has issued its Bonds Nos. 1-90, inclusive,'d'ated.December 1, 1951, in the principal sum of $13,000.00, of which only the following bond is outstanding and unpaid: Bond No. 90, in the principal sum of $100.00, maturing on December 1, 1971; and WHEREAS, pursuant to the contracts aforesaid and out of the revenues collected from water users within the boundaries of DISTRICT NO. 1 and DISTRICT N0. 3, and including payments made through'December 31, 19 the CITY has paid to DISTRICT NO. 1 the sum of $49,228.69 and to DISTRICT NO. 3 the sum of $5,631.82; and WHEREAS the bonds of each District are, by their express ttrms, redeemable in inverse numerical order, but contrary thereto the last maturing bonds have not been redeemed; and blHER.EAS, it is estimated that in the event the two outstanding bonds of DISTRICT NO. 1 and the one outstanding bond of DISTRICT NO. 3 are not redeemed even though funds are available therefor but are allowed to remain outstanding and unpaid until .their normal maturity the CITY will be required to make estimated additional paygients to DISTRICT NO. in the aggregate sum of $66,617.31 and to DISTRICT NO. 3 in the aggregate sum of $7,200.18; and WHEREAS, such estimated additional payments would not be in the best interests of the ,CITY9-its citizens and water users, since the CITY is obligated to at all times act inthe best interests of its citizens and all water users rather than a particular group of water users; and WHEREAS; if, under .the existing circumstances, the City Council and the officers of the CITY and of the Water Department were to permit such an unjust result to all its citizens and water users to occur, it clearly appears that they could be charged with being derelict in their duties as public servants; and WHEREAS, the CITY is the owner of DISTRICT NO. 1 Bonds Nos. 55 and 85 and DISTRICT NO. 3 Bond No. 90, which bonds are the sole outstanding and unpaid bonds of DISTRICT NO. 1 and DISTRICT NO. 3; NOW, THEREFORE) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the CITY, as owner and holder of all the outstanding bonds of DISTRICT NO. 1, being Bonds Nos. 55 and 86 described above; does hereby forgive, cancel and terminate the indebtedness, principal and interest, evidenced by said bonds and does hereby relieve DISTRICT NO. 1 of any and all obligation with reference thereto, and the Mayor be, and he is hereby, authorized and directed, for and on behalf of the CITY to deliver said bonds and all interest coupons to McIlroy Bank, Fayetteville, Arka: the paying agent designated by DISTRICT NO. 1, for cancellation. Section 2. That the CITY, as owner and holder of the sole outstanding bond of DISTRICT NO. e, being Bond No. 90 described'above, does hereby forgive, cancel and terminate the indebtedness, principal and interest, evidencdd by said bond and does hereby relieve DISTRICT NO. 3 of any and all obligation with reference thereto, and the Mayor be, and he is hereby, authorized and directed, for and on behalf of the CITY to deliver said bond and all interest coupons to McIlroy Bank, Fayetteville, Arkansas, the paying agent designated by DISTRICT NO. 3, for cancellation. Section 3• That it is the irrevocable purpose and intent of the action authorized and directed by Sections 1 and 2 of this Resolution that the principal and interest of all the above ddscribed bonds of both Districts be considered fully paid as if lawful money of thejUnited States of America bad been received in exchange therefor, to the end and withthe result that the said above described bonds of both Districts be no longersconsidered outstanding and unpaid. , 230 on Section 40 That hbefurther pa,7hei4 ssbeemadenbyntkeaCI-TY to FAYETTEVILLE SUBURBAN WATER DISTRICT N0.1 solution 77'WASF�NGTON COUNTY, ARKANSAS, or to FAYETTEVILLE SUBURBAN WATER DISTRICT NO. 3 OF WASHINGTON COUNTY, . 10-63 ARKANSAS, pursuant to the contract entered into. between the CITY. OF FAYET•TEVILLE Ahd FAYETTEVILLE tinued SUBURBAN WATER DISTRICT N0, 1 OF WASHINGTON COUNTY, ARKANSAS, dated April 10, 1950, and the contract entered into between the CITY OF FAYETTEVILLE, ARKANSAS, and FAYETTEVILLE SUBURBAN WATER DISTRICT NO. 3 OF WASHINGTON COUNTY, ARKANSAS, dated November, 6, 19510 Section 5. That the public heilth, safety and;jwelfare.of all citizens and water users of the CITY requ that the Water Department be operated as economically as possible, and that only proper and legal expenditures be made in order to insure the availability of sufficient funds for adequate water service upon as economical a basis as possible. Inasmuch as the'action taken by.this Resolution is necessary to the accomplishment of the above specified public purposes, an emergency is hereby declared to exist, and this Resolution shall take effect. and be in force from and after its passage. PASSED this 27th day of May , 1963• APPROVED: bPAYOR ATTEST: ' CLERK menda- Alderman Faucette made some reccommeddations on the audit report for the year of.196? in a prepared on written statement which reads as follows: t report Gentlemen of the Council. Each of us isiconcerned with what is best for the City of Fayetteville. We may differ in our approach to this objective, but the goal for each of U.6 should be the same. Last year the Council approved a contract with Douglas Walker Co., Certified Public Accountants to prepa an audit of the City of Fayetteville finandes, The cost:of this audit delivered in February, 1963, was approximately $1800.00. Included with this audit was a letter calling to our attention certain items with suggestions and recommendations of sound financial practices to be followed by the city in administ the affairs of government. The audit report and accompanying management letter.was accepted by the Council April 8, 1963. I have read the auditor's letter and believe they have exercised good judgment in the suggestions made to provide better business practices in our government.. I believe the sooner we make these changes, the better for all of us and our citizens of the City of Fayetteville. I am sure that each of us respect the judgment and ability of our Controller, Albert Jones. Mr. Jones knows more about our city financial affairs than any other person.. I have discussed the proposed changes recommended by the Douglas ldalker'auditors with Mr. Jones' and he has agreed that all recormenda made by the auditors are sound and should be followed by any business comparable to the size of our city operations, I believe the Council needs to approve and install rules and regulations to make the necessary changes. I further believe that Mr. Jones is the best informed person to draft procedures to correct each of the auditor's items brought to our attention in the Douglas Walker letter. horize IAldrrman Faucette then moved that City Controller Albert Jones: y Controll(1) Prepare a written procedure'to correct each of the six conditions §tated in the Douglas Walker prepare I letter of February 25, 1963, in order that the Council might put each of the Auditor's recommended ditions changes into actual operation --these conditions and items are: udit Report(a.) Purchase orders and receiving reports, (b.) Employee time reports and Payroll distribution; �f (c.) City Ship -Equipment Maintenance Cost'Card, (d.) Parking tickets issued and Collected, (e.) Municipal Court, and (f.) Curb, Gutter, and asphalt program; (2) That Mr. Jones feel free to call on any and all Council members and other city employees for advice in preparing these plans; and, , (3) That Mr. Jones bring said written reports to the City Council for examination and approval at the earliest possible time, but not later than the first regular council meeting in August, 1963. The motion was seconded by Alderman Thomas and passed unanimously. The City Attorney introduced and at the request of the Council read a proposed ordinance in its entirety entitled, "AN ORDINANCE AMENDING ORDINANCE NO. 1083 AS AMENDED BY ORDINANCES NO. 1197, 1231, and 1242, RELATING TO TRAFFIC AND REGULATING THE USE OF OFF STREET PARKING FACILITES OF FAYETTE'VILLE, ARKANSAS; No CREATING AND DEFINING PARKING METER. ZONES: PROVIDING FOR THE DESIGNATION OF INDIVIDUAL,PARK,ING SPACES; 1 DEFINING AND PROVIDING FOR THE iNSTAT,LATION, OPERATION, AND MAINTENANCE OF PARKING METERS; PRESCRIBING PARKING TIME LIMITS; REQUIRING DEPOSIT OF COINS FOR THE USE OF PARKING iaJERS IN PARKING METER ZONES AND PROVIDING FOR THE COLLECTION AND DISFOSITION,OF SUCH COINS, REPLACING CONFLICTING ORDINANCES; PROVIDING FOR THE ENFCRCE�IE.W THEREOF; DEFINING OFFENSES AND PRESCRIBING PENALTIES; AND PROVIDING THAT INVALIDIM7 OF PART SHALL NOT AFFECT THE VALIDITY OF THE REMAINDERV." Aldemman Burgin moved that the Ordinance pass. The motion was seconded by Alderman Wheeler and passed unanimously whereupon the Mayor declared the Ordinance passed. Alderman Heflin 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. / :I 231 ORDINANCE N0. 1351 AN ORDINANCE AMENDING ORDINANCE N0. 1083 AS AMENDED BY ORDINANCES N0. 11979 1231, and 12420 RELATING TO TRAFFIC AND REGULATING THE USE OF OFF STREET PARKING FACILITIES OF FAYETTEVILLE, ARKANSAS; CREATING AND DEFINING PARKING METER ZONE$; PROVIDING FOR THE DESIGNATION OF INDIVIDUAL PARKING SPACES; DEFINING AND PROVIDING FOR THE INSTALLATION, OPERATION, AND MAINTENANCE OF PARKING METERS; PRESCRIBING PARKING TIME LIMITS; REQUIREING DEPOSIT OF COINS FOR THE USE OF PARKING METERS IN PARKING METER ZONES AND PROVIDING Ord. No. FOR THE COLLECTION AND IDSPOSITION OF SUCH COINS, REPLACING CONFLICTING ORDINANCES; PROVIIIING FOR THE 1351 ENFORCEMENT THEREOF; DEFINING OFFENSES AND PRESCRIBING PENALTITES; AND PROVIDING THAT INVALIDITY OF PART SHALL NOT AFFECT THE VALIDITY OF THE REMAINDER. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE) ARKANSAS: SECTION 1. 'That Section 2 of Ordinance No. 1083, as'amended by subsequent ordinances, be amended as to add thereto, as an additional parking meter facility; the following ddscribed real estate situated within the the corporate limits of the City of Fa„vetteville, Arkansas, to -wit: Lot Numbered Seven (7) in Block Numbered Seventeen (17) in the original plat of the Town (now City) of Fayetteville, Arkansas, as designated upon the original plat thereof. The East half of Lot Numbered Eight (8) in Block Numbered Seventeen (17) in the original plat of the Town (now City) of Fayetteville, including an undivided one-half of the East wall of the Bohe Building, the center -line of which wall is the West line of the portion of the said lot hereby leased. The' South half of Lot Numbered Ten (10) in Block Numbered Seventeen (117.1) in the original plat of the Town (now City) of Fayetteville. The North half of Lot Numbered Ten (10) in Block Numbered Seventeen (17) in the original plat of the Town (now City) of Fayetteville. SECTION 2. That all ordinances or part of ordinances in conflict herewith are hereby repealed, and it appearing that traffic conditions in the City of Fayetteville, Arkansas, are such that immediate regula as provided in the ordinance are necessary for the preservation of the public health, peace and safety, an emergency is hereby ddclared to exist and this ordinance shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED this 27th day of May, 1963. ATTEST: GWRGE JU DAVIS, CITY CLERK There being no further business Alderman Heflin moved to adjourn. The motion was seconded by Alderman Short and passed unanimously, whereupon the Mayor declared the meeting adjourned. ATTEST: 2&!* AF GEORGE J DA S,CITY CLERK �1 GUY Ee BROWN, MAYOR Special Meeting. The City Council of Fayetteville, Arkansas, met in special'se6sion'on Thursday, June i7, 1963, in the Council Room in the City Administration Building at 2:00'P. M. CST. Present: Mayor Guy E. Brown , City Clerk George J; Davis, City Engineer W.' C. Smith, and Aldermen: Heflin, Christie, Watson; TIComas, Burgin, Faucette, and Short. Absent: Alderman Wheeler. Purpose of The Mayor reported that the purpose of the meeting was to receive and open bids to construct two wing special me ting. stations for the Fire Department and that all the members of the Council had been notified by U. S. Mail and by telephone but Alderman Wheeler was out of the City and could not attend but had waived notice of the special meeting. Waiver of Notice. WAIVER OF NOTICE OF SPECIAL MEETING OF FAYETTEVILLE, ARKANSAS, CITY COUNCIL. Comes now the undersigned, being a duly elected, qualified, and acting member of the City Council of the City of Fayetteville, Arkansas, and specifically waives notice of a special meeting of the Fayettevil. City Council to be held in the City Council Room'of the City Administration Building, Fayetteville, Arkan at 2:00 o'clock P. M., CST., on Thursday, June 6, 1963. Fire Bids received & (The bids were opened by the Mayor and read by the Architects T. E. Shelton &'Associates. opened. I Upon tabulation of the bids', ifiel•:low bid was the one by Tune Construction Co., Fayetteville, Arkansas, lin the total amount of $69,569.00 as the combined base bid for the two buildings. After a brief discussion, Alderman Burgin moved to accept the recommendation of the Architects and to aw Award contract the contract to the low bid which was the one by the Tune Construction Co., Fayetteville, Akkansas, for to Tune Const.Co. the total base bid on the two buildings of $69069.00 upon the approval of the contract by the l rchitects and the City Attorney, tpe approval of the cost and performance bond by the City Attorney and (evidence of proper insurance, and that the Mayor and City Clerk are hereby authorized to execute the appr&ved contract: IThe motion was seconded by Alderman Thomas and passed unanimously.