HomeMy WebLinkAbout1964-04-13 Minutes289
Resolution - RESOLUTION No. 9-64
No. 9-64
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS
The City Council of -Fayetteville, Arkansas, hereby agrees to submit to the electorate of said City, the
question of the issuance an"d sale of Revenue Bonds in an amount aggregating $1,750,000.00 pursant to
the provisions of Act 9 of the Arkansas Acts of 1960, more particularly Ark. Stats. (1947-1956 Replace-
ment) Section 13-601, et, seq. the proceeds to be used for the purpose of purchasing land and the const
truction cost of improvements thereon;•to be leased to the SHAKESPEARE COMPANY.
PASSED AMD APPROVED this 10th day of April, 1964.
APPROVED`s.
(''� m MAYOR GUT E. BROWN
ATTEST,
CITY ECRGE J. DAVIS
There being no further business, Alderman Short moved to adjourn.
The motion was seconded by Alderman Heflin and passed unanimously, whereupon the Mayor declared the
meeting adjourned.
APPROVED • 7 0WA
�1- '
MAYOMY E. BROWN
ATTEST:&sf,+Lt Rgq!
'CITY EORGE J. DAVIS
REGULAR The City Council of Fayetteville, Arkansas met in regular session on Monday, April 13, 1964 at 7:30 P.M.
SESSION in the Council Room of the City Administration P.uilding.
Present: Mayor Guy E. Brown, City Clerk George J. Davis, City Attorney Bass Trumbo, City Controller
Albert J. Jones, City Engineer W.C. Smith, Chief of Police Hollis Spencer,
and Aldermen: Heflin, Christie, 14fatson, Wheelir, Thomas, Burgin, Faucette and Short.
Absent: Fine Chief Burl Skelton
The minutes of the regular meeting on }Monday, March 23, 1964 and of the special meeting on Friday,
April 10, 1964, a copy of which had previously been mailed to each of the Aldermen, were approved as
written.
Petition The City Building Inspector presented a petition to rezone certain real estate on Trenton -Street in
to rezone Parkview addition from R-2 Two`Family ResidentiAl District to R -P Professional Office District
Property After a long discussion, the City Attorngy introduced and at the request of the Council read a proposed
Trenton ordinance in its entirety entitled, "AN ORDINANCE Ah.:ENDING ZONING ORDINANCE NO. 1239 AND REVISED ZONING
Street DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED MAY 28, 19620 TO REZONE CERTAIN. REAL ESTATE FROM R-2
TWO-FAMILY RESIDENTIAL DISTRICT TO R -B PROFESSIONAL OFFICE RESIDENTIAL DISTRICT."
Ordinance Alderman Burgin moved that the ordinance pass.
No. 1388 The motion was seconded by Alderman Short and.upon roll call, the following vote was recorded:
"Aye" Christie, Watson, Wheeler, Thomas, Burgin, Faucette and Short.
"Nay" Heflin.
There being seven "Ayes" and one "Nay", the motion to pass the ordinance failed for lack of unanimous
vote.
Alderman Burgin thea moved that the tule be suspended and the ordinance be placed on the second reading.
The motion was seconded by Alderman Short and upon roll call the following votewas recorded:
"Aye" Christie, Watson, 4lheeler, Thomas, Burgin, Faucette and Short,
"Nay" Heflin.
Therorbinagceewas tlhensi�eaddforet}ieas•econd time.
Alderman Burgin then moved that the rule be further suspended and the Ordinance placed on the third and
final reading.
The motion was seconded by Alderman Short and upon roll call, the following vote was recorded:
"Aye" Christie, Watson, Wheeler, Burgin, Thomas, Faucette and Short.
"Nay" Heflin.
There being seven "Ayes" and only one "Nay", the Mayor declared the motion pass.
The ordinance was then read for the third and last time.
The Mayor declared that the ordinance was open for discussion. There being no disucssion, the Mayor
ask the question, "Shall the Ordinance Pass?"
Upon roll call, the following vote was recorded: "Aye" Christie, Watson, Wheeler, Thomas, Burgin,
Faucette and Short. "Nay" Heflin.
There being seven "Ayes" and one "Nay", the Mayor declared the ordinance passed.
ORDINANCE ORDINANCE N0, 1388
N0.
1388' AN ORDINANCE AMENDING ZONING ORDINANCE N0, 1239 AND REVISER ZONING DISTRICT MAP OF FAYETTEVILLE, AP.K-
ANSAS, APPROVED MAY 28, 1962, TO REZOrE CERTAIN REAL ESTATE FROM R-2T'iwo-FAMILY RESIDENTIAL DISTRICT TO
R -P PROFESSIONAL OFFICE RESIDENTIAL DISTRICT. ..
WHEREAS, a public hearing was held before the Planning Commission of the City of Fayetteville,
Arkansas, on March 10, 1964, on a petition requesting that said Planning Commission recommend to the
City C6uncil of the City of Fayetteville, Arkansas, that the City Council enact an ordinance rezoning
the following described property, to -wit: Lots 1 through 10 and the West 15 feet of Lot 11 in Park
Village Addition, all in the City of Fayetteville, Arkansas, from R-2 Two -Family Residential District
to R -P Professional Office Redidential District, and
WHEREAS, notice of said public hearing, setting forth the date, time, place and purposes of hear-
ing, and location of property was published in the Northwest Arkansas Times, a newspaper of general cir-
culation in said City, more than 15 days prior to mid public hearing, and
WHEREAS, follwoing said public hearing, said Planning Commission certified to the City Od'uncil of
Fayetteville, Arkansas, its recommendation that an ordinance be adopted rezoning the above described
property, from R-2 Two -Family Residential Districttto R -P Professional Office Residential District:
N0473 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE; ARKANSAS:
El
for
Copy of
Bids
1339
No. 1389
SECTION 1. That the above described property presently zoned as R-2 Two -Family Residential Distri
be, and the same is hereby rezoned to R -P Professional Office Residential District.
SECTION 2. That all ordinancesor parts of ordinances in conflict herewith are hereby repealed,
and this ordinance shall be in Bill force and effect from and after its passage, approval, and publicat
PASSED AND APPROVED this 13th day of April, 1964.
APPROVED:
MAYOR PUY E. BROWN
ATTEST:
CITY CIMK6nORGE J. DAVIS
Alderman Wheeler reported that bids had beer received and opened for a Pickup truck for the Water Dept.
and that only two bids had been received.which were from Lewis Ford Sales Inc., and the Green Chev. Co.,
both of Fayetteville; Arkansas.
He further reported that the bid by Lewis Ford at $982.00 net cost to the City and he recommeddedethe
purchase of the Ford. '
After a brief discussion, Alderman Wheeler moved that the City purchase the Ford Pickup for the Water
Department at a net cost of $982.00.
The motion was seconded by Alderman Thomas and passed unanimous.
COPY OF THE BIDS
BI^P,ER COST TRADE-IN NEP COST
Lewis Ford Sales Inc.
Green Chev. Co.
2062.90
2056.25
1080.90
904.66
982.00
1151.59
Alderman Wheeler introduced a proposed ordinance entitled, "AN ORDINANCE REGULATING THE USE OF PUBLIC
SEWERS AND PRAINS, AND THE DISCHARGE OF WATERS AND WASTES INTO THE PUBLIC SLIER SYSTEM; PROVIDING PEN
FOR THE VICLTAIONS THEREOF; REPEALING ORDINANCE NUMBER 983; AND FOR OTHER PURPOSES, IN THE CITY OF
FAYET"EVILTE2 COUNTY OF WASHINGTON, STATE OF ARKANSAS."
Alderman Burgin moved that the ordinance pass.
The motion was seconded by Alderman Short and upon roll call, the following vote was recorded:
"Aye" Heflin, Christie, Wheeler, Thomas, Burgin, Faucette and Short.
"Nay" Watson
There being seven "Ayes" and one "Nay", the motion to pass the ordinance failed for lack of unanimous
vote.
Alderman Short then moved that the rule be suspended and the. ordinance placed on the second reading.
The motion was seconded by Alderman Burgin and upon roll call, the following vote was recorded:
"Aye" Heflin, Chrisite, Wheeler, Thomas, Burgin, Faucette and Short.
"Nay" Watson.
There being seven "Ayes" and one "Nay", the Mayor declared the rule suspended and the ordinance placed
/6n the second reading.
The ordinance was then read for the second time.
Alderman Short then moved.that the rule be further suspended and the ordinance placed on the third and
final reading.
The motion was seconded by Alderman Burgin and upon roll call, the following vote was recorded:
"Aye" Heflin, Christie, Wheeler, Thomas, Burgin, Faucette and Short.
"Nay" Watson.
There being seven !Ayes" and only one "Nay", the Mayor declared the ordinance placed on the third and
final reading.
The ordinance was then read for the third and last time.
The Mayor then declared the ordinance open for discussion. Thre being no discussion, the Mayor asked the
question, "Shall the Ordinance Pass?"
Upon roll call, the Collowing vote was recorded: "Ave" Heflin, Chri"stie, Wheeler, Thomas, Burgin,
Faucette and Short.
"Ray" Watson.
There being s=_ven "Ayes" and only one "Nay", the Mayor declared the Ordinance passed.
ORDINANCE NO, 1389
AN ORDINANCE REGULATING THE USE OF PUBLIC SEWERS AND DRAINS, AND THE DISCHARGE OF WATERS AND WASTES INTO
THE PUBLIC SEALER SYSTEM; PROVIDING PENALTIES FOR THE VIOI.A'TIONS THEREOF; REPEALING ORDINANCE NUMBER 983;
AND FOR OTHER PUP.POSES, IN THE CITY OF FAYETTEVIIJ.E, COURTY OF WASHINGTCN, STATE OF ARKANSAS.
BE IT ORDAINED AND ENACTED By THE COUNCIL OF THE CITY OF FAYETTEVILLE, STATE OF ARKANSAS, as
ARTICLE 1
Unless the context
specifically indicates
otherwise,
the meaning of terms used in this ordinance
shall be as follows:
Section 1.. "BOD" (denoting Biochemical Oy,ygen Demand) shall mean the quantity of oxygen utilized
in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at
200.C., expressed in milligrams per liter.
Section 2. "Building Drain" shall mean that part of the lowest horizontal piping of a drainage
system which receives the discharge from soil, ;caste, and other drainage pipes inside the walls of the
building and conveys it to the building sewer, beginning five (fj) feet (1.5 meters) outside the inner
face of the building wall.
Sec"tidri 3. "Building Sewer" shall mean the extension from the building drain to the public sewer
or other place of disposal.
Section 4. "Combined Sewer" shall mean a sewer rec&lving both surface runoff and sewage.
Section 5. "Garbage" shall mean solid wastes from the domestic and commercial preparation,
and dispensing of food, and from the handling, storage and sale of produce.
Section 6. "Industrial Wastes" shall mean the liquid wastes from industrial manufacturing
trade, or business as distinct fromsanitary sewage.
,/
aeu
r
291
Cont. Section 7. "Natural Outlet" shall mean any outlet into a watercourse, pond, ditch, -lake or.other
body of surface or groundwater.
Section 8. "Person" shall mean any individual, firm company, association, society, corporation
or group.
Section 9. 1pH" shall mean the logarithmof the reciprocal of'the weight of hydrogen ions in
grams per liter of solution.
Section 10. "Properly Shredded Garbage" shall mean the wastes ffom the preparation cooking and
dispensing of food that have been shredded to such a degree that all particles will be carried freely
under the flow conditions normally prevailing in public sewers, with no particle greater than one-half
(J) inch (1.27 centi-meters) in any dimensi6n.
Section 11. "Public Sewer" shall mean a sewer in which all owners of abutting properties have
equal rights, and is controlled by public authority.
Section 12. "Sanitary Sewer" shall -ean a sewer which carries sewage and to which storm, surface
and groundwaters are not intentionally admitted.
Section 13. "Sewage" shallmea.n a combination of the water -carried wastes from residences, busine
buildings, institutions, and industrial establishments, together with such grcund, surface and storm -
waters asemayt.benpresentrlly admitted.
Section 14. "Sewage Treatment Plant" shall mean any arrangement of devices and structures used
for treating sewage.
Section 15. "Sewage Works" shall mean all facilities for collecting, pumping, treating, and
disposing of sewage.
Section 16. "Sewer" shall mean a pipe or conduit for carrying sewage.
Section 17. "Shall" is mandatory; "May" is permissive.
Section 18. "Slug" shall mean an,yydis charge of water, sewage or industrial waste which in con-
centraticn of any given constituent or in quantity of floor exceeds for any period of duration longer
than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or
flows during normal operation.
Section 19. "Storm Drain" (sometimes termed "storm sewer") shall mean a sewer which carried
and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted a
water.
Section 20. "Superintendent" shall mean the Superintendent of Sewage Works of the City of
Fayetteville, Arkansas, or his authorized deputy, agent or rdpresentative.
Section 21.
"Suspended
Solids"
shall mean solids
that
either float
on the.,surfdce of, or are in
suspension in water,
sewage, or
other
liquids, and which
are
removable by
laboratory filtering.
Section 22. 11k'atercourse" shall mean a channel inohich a flow of water occurs, either
or intermittent}y.
Section 23. "City" shall mean the City of F4yetteville, County of Washington, in the State of
Arkansas.
ARTICLE 2
Section 1. No person shal}Aischa:ge of cause to be discharged any stormwater, surface water,
groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial
process water to any sanitary sewer.
Section 2. Stormwater and all other unpolluted drainage shall be discharged to such sewers as
are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the S
Superintendent. Industrial cooling water or unpolluted process waters may be discharged, on approval
of the Superintendent to a storm sewer, combined sewer, or natural outlet.
Section 3. No person shall discharge or cause to be discharged any of the following described
waters or wastes to any public sewers: . ."
a. Any gasoline, benzene, naphtha,fuel oil, or other flammable or explosive liquid, solid or gas
b. Any waters or wastes ccntaining toxic or poisonous solids, liquids, or gases in sufficient
quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage
treatment process, consitute a hazard to humans or animals, create a public nuisance, or create any
hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides
in excess of two (2) mg/1 as CN in the wastes as discharged to the public sewer.
c. Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capabl
of causing damage or hazard to structures, equipment, and personnel of the sewage works.
d. Solid or viscous substances in quantities or of such size capable of causing obstruction to
the flow in sewers, or other interference with the proper operation of the sewage works such as, but not
limited to, ashes, cinders, sand, mud, straw, eggshells, shavings, metal, glass, rags, feathers, tar,
plastics, wood, unground garbage, whole bllod, paunch manure, hair and fleshings, entrails and paper
dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
Section 4. No personal shall discharge or cause to be discharged the following described sub-
stances, materials, waters, or Bastes, if it appears likely in,the opinion of the Superintendent that su
wastes can harm either the sewers, sewage treatment process or equipment, have an adverse effect on the
receiving stream, or can otherwise endanger life, limb, public property, or consitute a nuisance. In
forming his opinion as to the acceptability of these wastes, the Superintendent will give considerabieh
to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers,
materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage
treatment plant, degree of treatablity of wastes in the sewage treatment plant, and other pertinent
factors. The substances prohibited are:
a. Any liquid of vapor having a temperature higher than one hundred fifty (150) degrees F. (650C
292
Cont.
b. Any water or waste
containing
fats, wax,
grease or oils, in excess of one hundred (100) mg/1 or
containing substances which may solidify or
become viscous at. temperatures between thiity-two (32) and
one hundred fifty (150)
OF (0 and
650C.)
compliance
c. Any garbage that has not been properly shredded. The installation and operation of any gar-
bage grinder equipped with a motor o£ three fourths (3/4) horsepower (0.76 hp metric) or greater shall
be subject to the review and approval of the Superintendent.
d. Any waters or wastes containing stror}gcbcvdiir.gncpiicklingiwastes-,'+ or:nconcentr,'atedoplb)ti.ng:r
sol.iticn'whether;neutralizedeor not.
e. Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or
toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such
material received in the composite sewage at the sewage treatment works exceeds the limits established
by the Superintendent for such materials.
f. Any waters or wastes containing phenols or other taste -or -odor -producing substances, in such
concentration exceeding limts which may be established by the Superintendent as necessary, after treat
of the composite sewage, to meet the requirements of the State, Federal or other public agencies of
jurisdiction for such discharge to the receiving waters.
g. Any radioactive wastes
or
isotopes of
such
half-life
or concentration
as may exceed limits
established by the Superintendent
in
compliance
with
applicable
State of Federal
regulations.
h. Any waters or wastes having a pH in excess of 9.5.
i. Materials which exert or cause:
1. Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers
earth, lime slurried, and lime residues) or of dissolved solids (such as, but not limited to, Sodium
chloride and sodium sulfate).
2. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning
solutions).
3. Unusual BOD, checmical oxygen demand, or chlorine requirements in such quantities as to
constitute a significant load on the sewage treatment works.
4. `4: Unusual volume of flow or concentration of wastes constituting "slugs" as defined hereih
J. Waters or wastes containing substances which are not amenable to treatment ot reduction by th
sewage treatment processes employed, or are amendblbe to treatment pnlyotoesueh degree that the sewage
treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over dis-
charge to the receiving waters.
Section 5. If any waters or wastes are discharged, or are proposed to be discharged, to the
public sewers, which waters contain the substances or posses the characteristics enumerated in Section
4 of this Article, and 'which in the judgment of the Superintendent, may have a deleterious effect upon
the sewage works, processes, equipment or receiving waters or which otherwise create a hazard to life
or constitute a public nuisance, the Superintendent may:
a. Reject the wastes.
b. Require pretreatment to an accertable condition for discharge to the public sewers,
C. Require payment to cover the added cost of handling and treating the wastes not covered by
existing taxes or sewer charges under the provisions of Section 10 of this article.
d. Require control over the quantities and rates of discharge, and
If the Superintendent permits the pretreatment or equalization of waste flows, the design and in-
stallation of the plants and equipment shall be subject to the review and approval of the Superintendent
and subject to the requirements of all applicable codes, ordinances, and laws, and the Arkansas State
Health Department regulations.
Section 6. Grease, oil and sand interceptors shall be provided when, in the opinion of the Super•
intendent, they are necessary for the proper handling of liquid wastes containing grease in excessive
amounts, or anyyflammable wastes, sand or other harmful ingredients; except that such ibterceptors shalt
not be required for private living quarters or dwelling uints, All interceptors shall be of a type and
capacity approved by the Superintendent and shall be located as to be readily and easily accesible for
cleaning and inspection.
Section 7. Where preliminary treatment or flow -equalizing facilities are provided for any waters
of wastes, they shall be maintained continously in satisfactory and effective operation by the owner at
his expense.
Section 8. When required by the Superintendent, the owner of any property serviced by a building
sewer carrying industrial wastes shall install a suitable control manhole together with such necessary
meters and other appurtenances.in the building sewer to facilitate observation, sampling, and measureme.
of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be cons-
tructed in accordance with plans approved by the Superintendent. The manhole shall'be installed by the
owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.
Section 9. All measurements, tests and analyses of the characteristics of waters and wastes to
which reference is made in this ordinance shall be determined in accordance with the lastest edition
of "Standard Methods for the Examination of Water and Wastewater," published by the American Public
Health Association, and shall be determined at the control manhole provided, or upon suitable samples
taken at said control manhole. In the event that no soecial manhole has been required, the control
manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at
which the building sewer is connected. Sampling shall be carried out by customarily accepted methods t
reflect the effect of constituents upon the sewage works and to determine the existence of hazards to
life, limb, abd property. (The particular analyses involved will determine whether a grab sample or
samples should be taken. Normally, but not always, ROD and suspended solids analyses are obtained from
24-hour composites of all outfalls whereas pH►s are determined from periodic grab samples.)
Section 10. No statement contained ih this article shall be construed as preventing any special
Cont.I agreement or arrangement between the City and any industrial concern wheeeby an industrial waste of
unusual strength or charactor may be accepted by the City for treatment, subject to payment therefore,
by the industrial concern.
ARTICLE 3
Section 1. No unauthorized person shall maliciously, willlfully, or negligently break, damage,
destroy, deface,uncover or tamper with any structure, appurtenance, or equipment which is a part of
the -sewage works. -Any person violating this provision shall be subject to immediate arrest under char
of disorderly conduct.
ARTICLE. 4.
Section 1. The Superintendent and other duly authorised employees of the City bearing proper
credentials and idertificatienshall be permitted to enter all properties for the purpose of inspection,
observation, measurement,:_sampling and testing in accordance with the provisions of this ordinance.
The -Superintendent or his representatives shall have no authority to inquire into any processes in-
cluding metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point
having a direct bearing on the kind and source of discharge to the sewers of waterways or facilities
fdr waste treatment.
Section 2. While performing the necessary work on private properties referred to in Article IV,
Section 1 above, the Superintendent or duly authorized employees shall observe all safety rules applic
to the premises established by the company and the company shall be held harmless for injury or death
to the City employees and the City shall indemnify the company agsinst loss or damage to its property
by City employees and against liability claims and demands for personal injury or property damage asser
against the company and growing out of the gauging and sampling operation, except as such nay be caused
by negligence or failure of the company to maintain safe conditions.
Section 3. The Superintendent and other duly authorized employees of the City bear -'.ng proper
credentials and identification shall be permitted to enter all private properties through which the
City holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation,
measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said
easement, All entry and subsequent work, if any, on said easement, shall be done in full accordance
with the terms of the duly negotiated easement pertaining to the private property involved.
ARTICLF 5.
Section 1. Any person found to be violating any provision of this ordinance except Article III
shall be served by the City with smitten notice stating the nature of the violation and providing a
reasonable tine limit for the satisfactory correction thereof. The offender shall, within the period
of time stated in such notice, permanently cease to all violations.
Section 2. Any person who shall continue any violation beyond the time limit provided in Artic
V. Section 1, shall be guilty of a misdeameanor, and on conviction thereof shall be fined in the amount
not exceeding one hundred dollars ($100.00) for each violation. Each day in which any such violation
shall continue shall be deemed a separate offense.
Section 3. Any person violating any of the provisions of this ordinance shall become liable to
the City for any expense, loss, or damage occasioned by the City by reason of such violation.
ARTICLE 6.
Section 1.
The
provisions
of this ordiaaneeacee severable, and
if
any
part or
provisions hereof
shall be held mod
or
invalid, the
remaining parts of provisions shall
not
be
affacted
6r impaired.
Section 2. Ordinance Number 983, passed and approved by the City Council of the City of
Fayetteville, Arkansas, on October 30, 1950, is hereby repealed in its entirety.
PASSED ALT. APPROVED this 13th day of April, 1964.
APPROVED
14AYOR GUY' , PROWN
ATTEST:
CITY CTORKMORGE J. DAVIS
Purchase Alderman Christie reported that the City has an option to purchase a lot on 15th Street more particularl
Lot on described as:, 1 c 7 in the Burl Dodd Addition to the City of Fayetteville, Arkansas for the sir
15th'St. of $1,000.00, a tha tie Industrial Foundation had agr_eedstorgirea: ,4-g"f-property belonging to the
Industrial Foundation along 15th Street, f4an i et in order that the City might have necessary right -
of -ray to widen 15th Street at this point.
After a long discussion, Alderman Burgin moved to exercise the option and purchase the lot described
above for the sum of $1,000.00 AodbbhpaiflhouffaofirfundsC6fytEise9trbetaDdpaht]yent,
The'motion was seconded by Alderman Faucette and passed unanimously.
Purchase The Mayor reported that he had received three bids for a brush chipper for the Street Department and
Brush after careful consideration, he recommended the one by Hawkins Equipment Company, Memphis, Tennessee,
Chipper which is described as the New C 612 Fitchburg Chipper for the sum of $3,249.50.
Eid After a brief discussion, Alderman Christie moved to accept the recommendatioh of the Mayor and purchase
the New C 612 Fitchburg Chipper from the Hawkins Equipment Company, Memphis, Tennessee, at a cost of
$3,249x50.
The motion was seconded by Alderman Heflin and passed unanimously.
Copy of
Bids
Bidder
Mitts & Merrill Inc
Utility Equip. Co.
Hawkins Equip. Co.
C 0 P Y O F
Saginaw, Michigan
Little Rock, Arkansas
Memphis, Tennessee
T H E B I D S
Cost to City
$2,824.2`
$3,254.00
$3,249.50
Brush Chipper
Asplundh Chipper
Fitchburg Chipper
Alderman Christie reported that two bids had been received for the paving and black -top work on
Lafayette Street and that the one by Sweets er-Buckner, Inc, was the cheaper and he recommended the con-
tract be given to them. •
Alderman Christie then moved to accept the low bid of Sweetser-Buckner, Inc. for the street improvement
now being done on Lafayette Street and that the Mayor and City Clerk be and they are hereby authorized
294
Bids for
Street
Improve-
ment
CONTRACT
1963 Audit
Accepted
i!3
Change
Order ##1
Fire
Station
#1
to execute the contract,
The motion was seconded by Alderman Burgin and passed unanimously.
C 0 P Y O F T H E B I D S
Bidder Cost to City
Sweetser-Buckner, Inc. Fayetteville, Arkansas Walls 8" by 1 ft. high @ $1.24 per lin. ft.
Walls 811 by12 ft. high @ 1.49 per lin. ft.
Walls 8" by 2 ft. high @ 1.97 per lin. ft.
Sidewalks, 4 inches thick, @ 28¢ per sq. ft. $1.55 per lin ft.
Curb and gutter (8" curb) $1.45 per lin. ft.
Horn Concrete Finishing Co. Greenland, Arkansas
Sarburbd& standard 18" gutter 1.55 per lin. ft.
6" curb & standard 18" gutter 1.45 per lin. ft.
2' x 8" retaining wall 8" x 14" footing steel
dowels 4' center 2.?0 per lin. ft.
116" x 8" retaining wall 8' x 14" footing steel
dowels 4' center 1.90 per lin. ft.
4" concrete walks and approach slabs .30¢ s.f.
6" concrete walks and approach slabs .350seff.
The Building Inspector reported that the City Engineer would not accept the plat of G.E. Gabbard and
Ida Gabbard, husband and wife, for the Valley Vista Sub -division unless Mr. Gabbard would agree to hold
the City harmless from liability for damages caused by the change or diversion of the natural flow and
drainage of water from this area.
The Building Inspector futther reported that Mr. Gabbard had agreed to sign a contract•to this effect.
Alderman Christie moved to accept the agreement with Mr. Gabbard and authorize the Mayor to execute the
contract.
The motion was seconded by Alderman Short and passed unanimously.
This agreement was spread in the Minutes as a permanent record and reads as follows:
C O N T R A C T
This contract is made and entered into fin this 14th day of April, 19 L, by and between the City
Fayetteville, Arkansas, hereinafter referred to as the City, and J.E. Gabbard and Ida Gabbard, husband
And wife, hereinafter referred to as the Subdivider, IITNESSETH:
That the Subdivider is planning to plat-roplat a tract of real estate to be known he The Valley
Vista Subdivision which is described as follows, to -wit:
A replat of part of lots 6, 7 and 8 of Lewis Subdivision in the City of Fayetteville, Arkansas;
more particularly described as follows: Beginning at the Northwest corner of the above mentioned lot 6;
thence East 395.13 feet, thence South 145.0 feet, thence East 65.0 feet, thence South 259.65 feet, thenc
West 282.86 feet; thence North 18.6 feet, thence West 177,27 feet, thence North 386.05 feet tbetbe point
of beginning and containing 3.98 acres, more or less.
That in grading the streets for the proposed subdivision it may be necessary to divert the natural
flow and drainage of water which may cause damages to abutting or adjacent property.
Therefore, in consideration of the City approving the proposed grades and grading of the proposed
streets in the Valley Vista Subdivision, the Subdivider agrees to imdemnify and hold the City harmless
from liability as to any and all damages which may be cussed abutting or adjacent property because of
change or diversion of the natural flow and drainage of water, located on the hereinabove mentioned re
estate.
WITNESS aur handsand seals on the date first above written.
CITY OF FAYETTEVILLE, ARKANSAS
BY (s) Guy E. Brown
GUY E. PROWN, MAYOR
SUBDIVIDER
(s) J.E. Gabbard
(s) Ida Gabbard
Alderman Short moved that the 1963 Audit Report of Douglas Walker and Co, be accepted and filed.'
The motion was seconded by Alderman Thomas and passed unanimous.
Alderman Short moved that the City Council hold their regular meetings on Monday Night of every other
week instead of the second and fourth Monday as has been done for the past several years:
The motion was seconded 6 y Alderman Watson and passed unanimously.
Alderman Short read a proposed change order in the contract for Fire Station fl.
After a brief discussion, Alderman Short moved to accept change order #,E1 on Fire Station ##1 at an
cost of $1,576.00 .
The motion was seconded by Aldermgn Faucette and passed unanimo$sly.
FIRE STATION #1
FAYETTEVILLE, ARKANSAS
April 10, 1964
CHANGE ORDER ##1
ITEM ##1. Replace all black top paving and gravel base (see site plan -Alt. G-8 in drawings) where shown
on site with 6" concrete slab paving and gravel base, same specifications as outlined in alternate G-9
of the contract documents. Expansion joints to be as directed by the Architect on job site.
Addition to contract price.......................$1,576.00
e of Alderman Faucette reported that the Mayor, Chief of Police, and Police and Fire Committee's had taken
for prices on equipment needed for the new Police and Fire Stations, which would cost approximately $26,000
s1i After a long discussion, Alderman Faucette moved that the equipment be purchased as recommended by the
Police and Fire Committee for the sum of Approximately $26,000.00.
The motion was seconded by Alderman Short and passed unanimouslg.
7
.:29
A int The Mayor reported that Gene Thrasher had resigned from the Civil Service Commission and he recommended
r that Mr. R.T. Edwards be appointed to this vacancy.
To Civil I Alderman Burgin moved to accept the recommendation of the Manor and appoint R.T. Edwards to the Civil
Serv. Com. Service Commission vice Gene Thrasher..vho has resigned,
j/.� II-p^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,
entitled,"AN ORDINANCE REGULATING SOLICITORS, PEDDLER, HAWKERS, ITINERANT MERCHANTS OR TRANSIENT VENDOR.p
OF MERCHANDISE IN THE CITY OF FAYETTEVILLE, ARKANSAS: DECLARING IT TO BE A MISDEMEANOR FOR THOSE ENGAGINOp
IN SUCH PURSUITS TO GO IN OR UPON PRIVATE RESIDENCES WITHOUT HAVING BEEN REQUESTED OR INVITED TO DO S0;
PROVIDING PENALTIES FOR THE VIOLATION THEREOF; REPEALING ALL ORDINANCE IN CONFLICT HEREWITH."
. 1390
Alderman Thomasmmovdd that the ordinance pass.
The motion was seconded by Alderman Short and passed unanimously, whereupon the Mayor declared the
ordinance pass.
Alderman Short then moved that the emergency clause be adopted.
The motion was seconded by Alderman Faucette and passed unanimously, whereupon the Mayor deUared the
emegency clause adopted.
ORDINANCE NO. 1390
AN ORDINANCE REGULATING SOLICITORS, PEDDLER, HAWKERS, ITINERANT MERCHAPITS OR TRANSIENT VENDORS OF
MERCHANDISE IN THE EITY OF FAYETTEVILLE, ARKANSAS; BECLARING IT TO BE A MISDEMP'EANOR FOR THOSE ENGAGING
IN SUCH PURSUITS TO GO IPI OR UPON PRIVATE RESIDENCES WITHOUT HAVING PEEN REQUESTED OR INVITED TO DO SO;
PROVIDING PENALTIES FOR THE VIOLATION THEREOF; REPEALING ALL ORDINANCES IN CONFLICT HERETH.11
BE IT ORDAINED PY THE CITY COUNCIL OF T11E CITY OF PAYETTEVILLE, ARKANSAS:
Section 1. The practice of going in and upon private residences in the City of Fayetteville,
Arkansas, by solicitors, pdddlers, hankers, itinerant merchants or transient vendors of merchandise not
having been requested or invited to do so by the owner or owners, occupant or occupants of said private
residences for the purpose of soliciting orders for the sale of goods, wares -and merchandise and/or dish
posing of and/or peddling or hwaking the same is declared to be a middeameanor.
Section 2. Any person convicted of committing a middemeanor as described in Section 1 shall be
fined in a sum of not less than Ten Dollars ($10.00) nor more than Twenty -Five Dollars ($25.00), tog
with the costs of proceeding.
Section 3.
The provisions
of this ordinance shallnot
apply to the sale, soliciting or otders for t
sale of fruits,
vegetables, or
other products Sf the farm,
including meat from domestic animals of live-
stock, so far as
the sale of the
commodities named herein
is now authorized by law.
Section 4. This ordinance specifically re;Als Ordinances 1153 and 1160, and all other ordinances
of parts of ordinances in conflict herewith.
Section 5. Whereas, the ringing of doorbells by solicitors, paddlers, hawkers, itinerant merchants
or transient vendors of merchandise, has become hR;khly annoying and disturbing to the occupants.'of re-
sidential property, an emetgency is hereby declared to exist, and this Ordinance being necessary for the
preservation of the public peace, health and safety, the same shall be in,full force and effect from
and after its passage.
PASSED AND APPROVED this 13th day of April, 1964.
APPROVED:&& !2 SIL A
GUY E. FR ', 1AYOR
ATTEST:26 Qt4
O• Vs;
sere being no further business, Alderman Short moved to adjourn.
The motion was seconded by Alderman Faucette and passed unanimously whereupon the Mayor declared the
meeting adjourned.
APPROVED:
GUY E. RMv I, MAYO
0
ATTEST:'
EORG VIS, CITY CLERK
Regular The City Council of Fayetteville, Arkansas, met in regular session on Monday, April 27, 1964 at 7:30 P.M
Session in the Council Room of the City Administration Building,
Present: Mayor Guy E. Brown, City Clerk George J. Davis, City Cbntroller Albert J. Jones, City Attorney
Bass Trumbo, City Engineer W.C. Smith, Chief•of Police Hollis Spencer, Fire Chief Burl Skelton, and Alde:
men: Heflin, Christie, Watson, Wheeler, Thomas, Burgin, Faucette and Short.
Absent,. None.
The minutes of the Regular Meeting on Monday April 13, 1964 and of the Special Meeting on Friday April it
1964, copies of which had previously been mailed to each cf the Aldermen, were approved as written,
The Building Inspector presented the petition of Dr. R.E. Clack and Constance M. Clack, husband and wife
to rezone certain property on Meadow Street from R-4 Multi -Family Residential and Dormitory District to
C-1 Neigborhood Commercial Districtcmrhich had been approved by the Planning Commission,
The Building Inspector read a resolution from the Planning Commission recommending that this property be
rezoned.
The City Attorney introduced and at the request of the Council read a proposed ordinance in its entirety
entitled, 11 API ORDINANCE APENDIUG ZONING ORDINANCE NO. 1239 AND REVISED ZONING DISTRICT MAP OF FAYETTEVI
ARKANSAS, APPROVED MAY 280 19�T'O REZONE CERTAIN REAL ESTATE FROM R-4 MULTI -FAMILY RESIDENTIAL kNDTR
DORMITORY DISTRICT TO C-1 NEIGHBORHOOD COP14ERCIAL DISTRICT."
Alderman Burgin molted that the ordinance pass.
The motion was seconded by Alderman Faucette and passed unanimously, whereupon the Mayor declared the
ordinance passed.
ORDINANCE N0, 1391
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