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HomeMy WebLinkAbout1966-08-15 Minutes65 WHEREAS, Fayetteville Code of Ordinances, Section 15-1, adopts by reference the Arkansas State Plumbing Code, and Section 15-25 of the Code of Ordinances amends Section 10.1.5 0£ the adopted State Plumbing Ordinance No. Code to provide among other things that plastic water piping is prohibited, and 1510 (Cont.) WHEREAS, it now appears that certain plastic water piping may be safely used in lawn sprinkler systems where approved vacuum breakers are supplied. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That Section 15-25 of the Fayetteville Code of Ordinances, amending Section 10.1.5 of the Arkansas State Plumbing Code, adopted by Section 15-T of theCode of Ordinances, be and the same is hereby amended to read as follows: Paragraph 10.1.5 of Chapter 10 of the Arkansas State Plumbing Code referred to above (Section t5-1) be amended to read as follows: Section 10.1.5. WATER SERVICE PIPE (Materials). Cold water service piping shall be of cast iron, type "K" or "L" copper tubing or galvanized pipe, except when such service is under concrete; then such pipe shall be cast iron pipe, type "K" copper tubing or extra heavy lead pipe, and comply with Section 3.3.2 and 4.4.7. The use of plastic water piping is prohibited, except in lawn sprinkler systems. When plastic water piping and/or any other approved piping material is used in lawn sprinkler systems, the following requirements shall be met: 4* All plastic water piping.must be approved by the testing laboratory of the National Sanitation Foundation for use in potable water systems.and bear the NSF stamp of approval for use in such systems. b. An approved vacuum breaker shall be installed and shall be in conformity with the provisions of Section 10.6.4 of the Arkansas State Plumbing Code. The vacuum breaker shall be installed in a location so that it will be protected against freezing, tampering and•damage. Such location shall be approved by the plumbing inspector. SECTION 2. All ordinances and parts of ordinances in conflict herewith are hereby repealed, and this ordinance shall be in full force and effect from and after its passage, approval and publication. PASSED AND APPROVED this 8th day of August, 1966. APPR ED. ATTEST F/ DON TRUMBO, MAYOR GEORGE . EMS, CITY CLERK Ambulance Director Melton moved that the proposed ordinance entitled "AN ORDINANCE DECLARING THE BUSINESS OF Ordinance TRANSPORTING PERSONS WITHIN`; THE CITY OF FAYETTEVILLE BY MOTOR AMBULANCE FOR COMPENSATION TO BE A left ion NECESSARY PUBLIC SERVICE UTILITY SUBJECT TO REGULATION BY THE CITY; PROVIDING FOR THE LICENSING OF econdI reading AMBULANCE SERVICE OPERATORS AND DRIVERS; PROVIDING FOR REGULATIONS ON OPERATING AMBULANCES: PROVIDING FOR APPROVAL OF RATE SCHEDULES; PROVIDING PENALTIES FOR VIOLATIONS; AND FOR OTHER PURPOSES" .be placed on the second reading. The motion was seconded by Director McFerran and passed unanimously. The ordinance was then read for the second time. Due to the City Attorney being out of town, no further action was taken at this time and the ordinance was left on second reading. There being no further business, Director Melton moved to adjourn. The motion was seconded by Director Dunn and passes unanimously, whereupon the Mayor declared the meeting adjourned. n APPROVE AT 2 DON TRLTMBO��,III; MAYOR GEORGE 64 DAJq9j CITY CLERK The Board of Directors of the City of Fayetteville, Arkansas, met in regular session on Monday, August 15, Regular meeting. 1966, at 41:30 P. M. in the Directors Room in the City Administration Building, Present: City Manager Gerald G. Box, City Clerk George J. Davis, City Attorney Hugh Kincaid, and Directors: Kerlin, Swartz, McFerran, Melton, Christie, and Dunn. Absent: Mayor Don Trumbo. Director Swartz acted as Mayor. In the absence of Mayor Trumbo, Assistant Mayor Sylvia Swartz acted as Mayor. The minutes of the regular meeting on Monday, August 1, 1966, and of the special meeting on Monday, August 8, 1966, copies of which had previously been mailed to each of the Directors, were approved as written. - Director Dunn moved that the proposed Ambulance Ordinance entitled, "AN ORDINANCE DECLARING THE BUSINESS Ordinance No. TRANSPORTING PERSONS WITHIN THE CITY OF FAYETTEVILLE BY MOTOR AMBULANCE FOR COMPENSATION TO BE A NECESSA 1511 PUBLIC SERVICE UTILITY SUBJECT TO REGULATION BY THE CITY; PROVIDING FOR THE LICENSING OF AMBULANCE SERVI OPERATORS AND DRIVERS; PROVIDING FOR REGULATIONS ON OPERATING AMBULANCES; PROVIDING FOR APPROVAL OF RATE SCHEDULES; PROVIDING PENALTIES FOR VIOLATIONS; AND FOR OTHER PURPOSES , AS AMENDED," -which had been left its second reading at the special meeting -on Monday; August 8, 1966, be placed on the third and final reading. The motion was seconded by Director Melton and passed unanimously. ' The Ordinance was then -read in its entirety for the third and last time. The Acting Mayor then asked the question, "Shall the Ordinance pass?" Upon roll call the following vote wgs recorded, "Aye" Kerlin, -Swartz, McFerran, Melton, Christie, and Dunn. "Nay" None. There being six "Ayes" and No ?Nays", the Acting -Mayor declared the Ordinance passed. Director Kerlin then moved that the emergency clause be adopted. The motion was seconded by Director Melton and upon roll call the following vote was recorded, "Aye" Ker Swartz, McFerran, Melton, Christie, and Dunn. "Nay" None. There being Six "Ayes" and No "Nays", the•Acting-Mayor declared the emergency clause adopted. 66 I No. , ORDINANCE N0. 1511 ORDINANCE DECLARING THE BUSINESS OF TRANSPORTING PERSONS WITHIN THE CITY OF FAYETTEVILLE BY MOTOR AM COMPENSATION TO BE A NECESSARY PUBLIC SERVICE UTILITY SUBJECT TO REGULATION BY THE CITY; PROVIDING THE LICENSING OF AMBULANCE SERVICE OPERATORS AND DRIVERS; PROVIDING FOR REGULATIONS.ON OPERATING ULANCES; PROVIDING FOR APPROVAL OF RATE SCHEDULES; PROVIDING PENALTIES FOR VIOLATIONS; AND FOR OTHER POSES, AS AMENDED, IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: 1. Definitions (a) Ambulance is defined to be any privately owned vehicle equipped and used for transporting the nded, injured or sick, but shall not include funeral coaches. (b) Ambulance service operator or ambulance operator defined as a person, firm, or corporation ch engages in the business of dispd'diikl* and operating ambulances. (c) Ambulance driverfis defined to be a person whose occupation is to drive an ambulance. (d) Board of directors of the city is defined to include not only the board itself, but also any 'icer or subdivision of the municipal government duly designated by the board. (e) Chief of police is defined to include not only that officer, but also any officer or employee the police department duly designated by him. 2. ambulance Service A Necessary Public Service Utility business of transporting persons within the city limits of Fayetteville for compensation is hereby fared to be a*',necessary public service utility by the City Board of Directors,and thereby subject regulation by the City. 3. Ambulance Operator Permits - Required; Exemptions. The Board of Directors of said City may grant permits to persons, firms, or corporations for the privilege exclusive or otherwise, depbndent upon the public convenience and necessity of using the streets, alleys, public ways and public grounds of said City for the purpose of operating an ambulance service business for the inhabitants of and all other persons within said City, which said permits shall require that said ambulance service, including emergency ambulance service, must be maintained continuously during all hours of the day provided that an ambulance operator whose regular base of operations and dispatch is located outside the City of Fayetteville and who operates ambulances in the City on a casual basis only shall not be required -to procure a license required by this section. Provided, further, no ambulance operator whose regular base of operations is outside the city shall respond to an emergency call within.the City unless requested to do so by the Chief of Police. 1. SECTION 4. Ambulance Operator Permits - Contents of Application, Fee. An application for license as ambulance service operator shall be made upon such forms as are furnished by the Board of Directors and shall state the name and address of the applicant, a description of the vehicle or vehicles intended for use as ambulance or ambulances by applicant and the place of operation of the applicant. Every application shall be accompanied by an application fee of five dollars. Said application fee does not relieve such ambulance service operators from the payment of occupation or privilege license* tax now or hereinafter levied by the City. SECTION %. Ambulance Operator Permits - Conditions of Granting: Liability Insurance; Beriod; Renewal. No license shall be granted an applicant as ambulance service operator unless the Board of Directors determines (1) that the public convenience and necessity requires the proposed ambulance service; (2) that applicant is a fit, financially responsible person with proper equipment.to render the proposed service; and (3) that the applicant has in force at the time his application is approved an insurance policy providing insurance coverage for each and every ambulance owned, operated and leased by the applicant indemnifying the applicant for liability incurred br reason of the injury to or death of per in accidents, and property damage caused by accidents, resulting from any cause for which the owner of such ambulance would by liable, regardless of whether the ambulance was being driven by the owner, his agent or lessee; such insurance policy or policies to carry minimum limits of twenty thousand dollars for injury to or death of any one person, fifty thousand dallars for injury or death resulting to more than one.person as a result of any one accident, and five thousand dollars property damage;, or cash bond in lieu thereof. SECTION 6, Ambulance Operator Permits - Periodic Inspections: Suspension of Permit The Chief of Police shall cause to have made periodic inspections of the ambulances of all ambulance service operators licensed hereunder at least every six (6) months. If any ambulance be found mechann defective, the operator of such ambulance service,shall immediately withdraw such ambulance from use until the mechanical defect is corrected and wiitten authority is procured from the Chief of Police or his authorized representihive permitting the re -use of such ambulance. SECTION 7. Ambulance Operator Permits .. Grounds for Revocation of Permit Said Board of Dieectors may revoke any permit granted hereunder when any holder thereof shall violate or fail to comply with the provisions of this and all other valid ordinances or laws regulating ambulances, and when any such permit be revoked,•an.# further operation of said business shall be unlawful and a violation of this.ordinance; provided, no permit shall be revoked except upon the giving to the person, firm or corporation whose permit is sought to be revoked, ten (10) days notice of such intention, and such person, firm or corporation shall have an opportunity to appear before said Board of Directors and show cause why permit should not be revoked. SECTION 8. Ambulance.Driver License - Application, Qualifications, Period, Renewal An application for licanse as ambulance driver shall be made upon such forms as are furnished by the Chief of Police and shall state the name, age, address, experience in driving motor vehicles and whethhe the applicant has ever been convicted of a motor vehicle violation. Every application shall be accompanied by an application fee of five dalLivv. No license shall he granted an applicant as ambulance driver unless the Chief of PIlice determines Ordinance that the applicant is a fit person, physically, mentally and morally, to drive an ambulance. No person No. 1511 shall be granted a license as ambulance driver who is under twenty-one years of age or who habitually (Cont.) uses or is addicted to narcotics or intoxicating liquors. All licenses to ambulance drivers issued in pursuance of the authority of Section 8, shall extend for a period of one (1) year. Each application for renewal shall be accompanied by an application fee in the same amount as the original application fee called for under Section S. t Upon applying for the original or renewal of any license issued to any ambulance driver the gpplicant shall submit evidence that he has, within the months preceding his application, completed a standard course in First Aid as taught by the American Red Cross. It is the intention of this chapter that every licensed ambulance driver shall complete such a course every year while he continues to be licensed as an ambulance driver. SECTION 9. Permits and Licenses - TranNferability No'permit or license issued under the terms of this ordinance shall be sold, transferred, assigned, leased or otherwise disposed of without the consent of said Board of Directors. N 10. Rates The Board of Directorsshall determine and approve all rates to be charged by licensed ambulance service operators within the city limits of Fayetteville and no operator shall charge any other rates. Subh rates shall be reviewed and revised periodically by the Board of Directors. SECTION 11. Standards for Ambulance Equipment Required equipment in each ambulance shall include, at all times when the ambulance is in use as such, equipment adequate in the judgement of the Chief of Police for dressing wounds, splinting fractures, controlling hemorrhage, providing for suction and providing oxygen. In determining the adequacy of equipment, the Chief of Police shall take into consideration the current list of minimal equipment for ambulances, adopted by the American College of Surgeons or its duly authorized Committee on Trauma. Each licensee of an ambulance shall comply with such reasonable regulations hereunder as may be . promulgated by the Chief of Police and shall maintain in each such ambulance, at all times when it is in use as such, all such equipment as may be prescribed by the Chief of Police hereunder. SECTION 12. Obedience to'Traffic Laws, Ordinances and Regulations. r Ambulances lawfully operating under the provisions of this ordinance shall be "Authorized Emergency Veh as provided for in Sections 19-1, 19-25, Fayetteville Code of Ordinances. SECTION 13. Penalty Any person who shall drive an ambulance or engage in the business of ambulance service operator without having first obtained the license required by this chapter shall be guilty of a misdemeanor which shall be punished by the imposition of a fine in an amount of not less than fifty dollars and not more than five hundred dollars or a jail sentencd of not less than three nor more than thirty days or both fine and jail sentence. (SECTION 14. Emergency It having been found and determined that inadequate emergency ambulance service within said City will result in a condition menacing to the public peabe, health and safety and, therefore, an emergency exists and this ordinance being necessary for the immediate preservation of said public peace, health and safety, same shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED this 15th day of August, 1966. APPROVED: ' ATTEST: o �- S VIA SWARTZ, ACTING YOR FORGE JU DA S$* CITY CLERK Director Melton moved to refer the City of Johnson Water Supply Proposal to the Regional Planning Referadd Johnson Commission for study and recommendation. Water Proposal The motion was seconded by Director McFerran and passed unanimously. to Regional Planning Commissionhe City Manager read a letter from the Water and Sewer Superintendent regarding the relocation of water mains and sewer lines along Highway 16 Loop or Bypass which reads as follows: Mr. Gerald G. Fox City Manager Letter from Fgyetteville, Arkansas Water and Sewer Supt. I Dear Mr. Fox: As per your request, I submit an estimate of the costs involved in relocating the water mains and possible sewer adjustments on the proposed Highway 16 Loop or Bypass. To relocate the water mains involves the installation of new mains and then recovering and salvaging the old main if economically justifiable. To install water mains on some of this route will be very tedious and 'take considerable more time than normal. For this reason, contractors will increase their bid prices to cover this type of work. In relocating the water main west of Highway 71 to the Campbell Soup Plant I would strongly recommend ' that the new line be increased from the present 6 inch size to an 8 inch main in order to provide more water for this plant as they grow in the future. In relocating the 2 1/4 inch water main on the Happy Hollow Road I would recommend it be replaced with a 6 inch water main in order to provide a loop to a future 8 inch main which will no doubt be continued from the west along the new highway route and also provide adequate fire protection to the city shops. My estimates are based upon these recommendations. S11 AN • and Mains 1 vacate t of Street 22-66 Estimated Costs New 8 inch main from Highway 71 east to the Milk Plant 20500 feet @ $4.50 foot 2. Replace 6 inch with 8 inch from Highway 71 west to ,Owapbelktgoup Company 3,700 feet @ $4.50 feet 3. Replace 2 1/4 inch with six inch on Happy Hollow Road 2,200 feet @ $3.50 foot 4. Fire hydrant on Item 3• 5, Possible encasement of shallow sewer mains with concrete 100 cubic yards @ $30.00 ,yard 6. Adjust'approximately 15 manholes to grade @ $30.00 Total $ 11,250,00 16,650.00 7,700.00 350.00 3,900.00 450.00 $ 39,400.00 The existing 8 inch main from Highway 71 east to the milk plant is excellent mechanical joint pipe and it may be economically feasible to salvage and use it in the work to the wdst of Highway 71. An alternate bit item would reveal this. An estimate of the time invmlved in completing all this work is as follows: 1. Engineer to make survey and prepare plans, minimum 2. Advertise and receive bids, minimum 3. Contractor to start work after award of contract 4. Contractor to complete work Nobe: Winter season weather may require more time to construct. Total I trust this is the ihformation desired 2 weeks 2 weeks 1 bo 2 weeks 8 to 10 weeks 13 to 15 weeks Sincerely yours, W.C. Smitp Water and Sewer Superintendent Director Dunn moved to authorise the relodating of the water and Sewer mains'along Highway No. 16 Bypass as recommended by the Water and Sewer Superintendent at an approximate cost of $392400.00. The motion was seconded by Director Melton and passed unanimously. The City Attorney presented the petition of M. Ray Adams and McIlroy Bank, Trustees; Rosa Nell Winkle, Surviving Wife of William H. Winkle; and Hazel G. Linard, Surviving Wife of Arthur V. Linard to vacate and abandon all that portion of 7th Street lying between School Street and Locust Street in the City of Fayetteville, Arkansas. The City Attorney then read a proposed resolution entitled, "A RESOLUTION SETTING A HEARING ON A PETITION TO VACATE A PORTION OF 7TH STREET AND PROVIDING FOR NOTICE OF SAID HEARING." Director Melton moved that the Resolution be adopted. The motion was Seconded by Director McFerran and passed unanimously, whereupon the Acting Mayor declared the Resolution adopted. RESOLUTION N0. 22-66 A RESOLUTION SETTING A HEARING ON A PETITION TO VACATE A PORTION OF 7TH STREET AND PROVIDING FOR NOTICE OF SAID HEARING. WHEREAS, a petition has been filed with the Board of Directors of the City of Fayetteville, Arkansas, by M. Ray Adams and McIlroy Bank, Trustees; Rosa Nell Winkle, surviving wife of William H. Winkle; and Hazel G.-Linard, surviving wife of Arthur V. Linard, requesting the Board of Directors to'vacate and close the following described portion of 7th Street in Ferguson's Addition to the City of Fayette Arkansas, to -wit: All that portion of 7th Street lying between School Street and Locust Street in the City of Fayetteville, Arkansas. NOW, THEREFORE, BE IT RESOLVED F' THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKAHSASr That the 6th day of September, 1966, is the date set for the hearing of the aforesaid petition; that said hearing shall be in the Board of Directors Room of the City Administration Buidling at 7:30 o'clock P. M. BE IT FURTHER RESOLVED that the City Clerk of the City of Fayetteville, Arkansas, is hereby directed to give notice of such meeting by publications once a week for two consecutive w)"eks in the Northwest Arkansas Times, a newspaper having general circulation in the City of Fayetteville, Arkansas. PASSED AND APPROVED this 15th day of August, 1966. ATTEST: 11 GEORGE 9. DRVIS, CITY CLERK APPROVED: SYLVIVSWARTZ, ACTING MAYgV >, 691 Director Kerlin moved that the next regular meeting be held on Tuesday, September 6, 1966, since the Next rmg,lac regular meeting date of Monday, September 5, 1966 was on Labor Day. meeting September The motion was seconded by Director Melton and passed unanimously. 6, 1966 There being no further business, Director moved to adjourn. The motion was seconded by Director Kerlin and passed unanimously, whereupon the Acting Mayor declared the meeting adjourned. APPROVEDo AT SYLVIA V.AIARTZ, -ACTING MAYO I rvAiRt:R .I nA ?S_ (:TTY (' RRSC (// Special Meeting. The Board of Directors of the City of Fayetteville, Arkansas; met in special session at its regular meeting place in Fayetteville, Arkansas, at 7:30 P.M., on Monday, August 22, 1966. There were present Mayor Don Trumbo, City C1erk.George J. Davis, and Directors: Kerlin, Swartz, McFerran, Melton, Christie, and Dunn. Absent: None. Purpose of Spedial The Mayor announced that this was the time set for hearing protests, objections and suggestions concerni: Meeting. Ordinance -No. 1508, passed and approved by the Board of Directors of -the City of Fayetteville, Arkansas, on August 8, 1966, concerning the issuance of Waterworks and Sewer Revenue Bonds, Series 1966 authorized Public Hearing on and ordered issued thereby. The Mayor also st4ted that a copy of tixe Ordinance together with a notice of Bond Ordinance the -adoption thereof, the contemplated issuance of the bonds, and of the meeting on this date for hearin; No. 1508 protests had been duly published as required by law. He then called upon anyone present who desired to d so to present protests, objections, or suggestions. There was nobody present•who made any objections, suggestions, or protested in any manner. Other purposes of The Mayor reported that other purposes of the special meeting were to discuss the 8ontract of the Fiscal Special Meeting. Agent, Report from the City Manager on the Status of Ambulance Service, and to discuss the employing of an Engineer for the construction of streets around the new Raney Junior High School, and that all Beard Members had been•notified by U. S. Mail and by telephone. Letter and The City Manager read a letter from T. J. Raney & Sons, Little Rock Arkansas, Fiscal Agent for the City proposed ofr'Fayetteville, Arkansas, for the Proposed $4,300,000.00 City of Fayetteville, Arkansas, Waterworks and Contract with Sewer Revenue Bonds dated September 1, 1966, requesting and outlining a new contract with the City of T. J. Raney & Sons. Fayetteville, Arkansas. The letter and proposed contract was spread on the minutes and reads as follows: COPY OF LETTER FROM T. J. RANEY & SONS August 22, 1966 Mr. Gerald Fox City Manager Fayetteville, Arkansas Re: Proposed $4,300,000 City of Fayetteville, Arkansas Waterworks. and Sewer Revenue Bonds dated September 1, 1966 Dear Sir: As you know, T.J. Raney & Sons, Little Rock, Arkansas (called "Raney") bas heretofore entered, into a financial consultant contract with the City of Fayetteville, Arkansas (called "City"), a copy of which is attached hereto and matte a part hereof and referred to herein as the "existing contract". • The City proposes to issue $4,300,000 of Waterworks and Sewer Revenue Bonds dated September 1', 1966 (called "initial bonds"). Raney has worked with the City in arranging for the sale of the initial ' bonds to, and in wording the terms of the purchase contract with Republic National Bank of Dallas, Dallas, Texas (called "Republic"). It is contemplated that the initial bonds may be refunded and it is contemplated that additional bonds may be issued to complete the construction of the proposed improvements to the Waterworks and Sewer System (called "additional bonds"), either in addition to the initial bonds or in connection with the refunding of the initial bonds, -and that any additional bonds may be refunded. The overall transaction is such that the existing contract should be modified and continued and that is the purpose of this letter agreement. Therefore, in consideration of the work heretofore performed and advice heretofore given to the City by Raney in connection with the sale of the bonds, of the mutual covenants and undertakings of the parties, and for other good and valuable consideration, the receipt of which is hereby acknowledged by the parties hereto, Raney and the City agree as follows: 1. The City shall pay Raney at the time of the delivery of the initial bonds to Republic a fee of $7.00 per thousand in principal amount of initial bonds, less the $19,325.00 being paid by the City to Republic for expenses. 2. If any refunding bonds are issued to refund the initial bonds, Raney will be {said a fee of $7.00 per thousand of principal amount of the refunding bonds issued, less what Raney is paid under Paragraph 1 above. ITEM 3: A. If the additional bonds are sold and delivered to Republic pursuant to the terms of the purchase contract between the bank and the city, the city will pay all costs and Raney shall be paid no fees and shall have no obligations on expenses. B. If, on the other hand, the additional bonds are sold and delivered to a purchaser other than Republic, Raney shall be paid a,fee of five dollars ($5.00) per thousand over the principal amount of the additional bond. ITEM 4: A. If any refunding bonds are issued to refund additional bonds sold to Republic, Raney shall be paid a fee of five dollars ($5.00) per thousand of principal amount of the refunding bonds issued to refund additional bonds.