HomeMy WebLinkAbout1967-04-17 MinutesRegular Meeting. The Board of Directors of the City of Fayetteville, Arkansas, met in regular session on Monday, April 17,
1967, at 7:30 P. M.
Present: City Manager Gerald G. Fox, City Clerk George J. Davis, City Attorney Hugh Kincaid and Directors:
Kerlin, Swartz, McFerran, Melton, Christie, Trumbo, and Dunn.
Absent: None.
N.W.Times heporter
also present and The minutes of the regular meeting on Monday, April 3, 1967, a copy of which had previously been mailed tc
noted by the each of the Directors, were approved as written.
Clerks
The City Manager reported that a notice had been published in the Northwest Arkansas Times, a daily news-
paper printed in Washington County Arkansas, and having a general circulation in the City of Fayetteville,
Arkansas, of the intent of the Board of Directors to Amend the Electrical Code by adopting Revised Editic
and to Amend the Ffre Prevention Code by adopting the Revised Edition.
ordinance No. After a brief discussion, the City Attorney introduced and, at the request of the Mayor, read a proposed
1536 ( ordinance in its entirety entitled, "AN ORDINANCE AMENDING THE ELECTRICAL CODE OF THE CITY OF FAYETTEVILLi
ARKANSAS,(FAYETTEVILLE CODE OF ORDINANCES SECTIONS 8-1 THROUGH 8-31) TO ADOPT BY REFERENCE THE 1965
NATIONAL ELECTRICAL CODE OF THE NATIONAL FIRE PROTECTION ASSOCIATION, TO ADD CERTAIN PROVISIONS REGULATIN(
Electrical Code NEON LIGHTING, AND TO RENUMBER CERTAIN SECTIONS AND FOR RELATED PURPOSES"
ILrector Christie moved that the Ordinance pass. The motion was seconded by Director Kerlin and upon roll
call the following vote was recorded, "Aye" Kerlin, Swartz, McFerran, Melton, Christie, Trumbo, and Dunn.
"Nay" None.
There being Seven "Ayes" and No "Nays", the Mayor declared the Ordinance passed.
ORDINANCE N0. 1536
AN ORDINANCE AMENDING THE ELECTRICAL CODE OF THE CITY OF FAYETTEVILLE, ARKANSAS, (FAYETTEVILLE CODE OF
ORDINANCES SECTIONS 8-1 THROUGH 8-31) TO ADOPT BY REFERENCE THE 1965 NATIONAL ELECTRICAL CODE OF THE
NATIONAL FIRE PROTECTION ASSOCIATION, TO ADD CERTAIN PROVISIONS REGUTATING NEON LIGHTING, AND TO RENUMBER
CERTAIN SECTIONS AND FOR RELATED PURPOSES.
WHEREAS, it is the policy of the Board of Directors of the City of Fayetteville, Arkansas, to continuously
update and improve the Ordinances of the City, in order to better serve the interest of the public; and
WHEREAS, since the City's adoption of the 1962 Edition of the National Electrical Code issued by the Natic
Fire Protection Association, the 1965 Edition, entitled "National Electrical Code, NFPA No. 70"9 has been
issued by the National Fire Protection Association, and the Board of Directors has under consideration the
adoption of the new Edition in order to update and improve regulations pertaining to.the construction,
installation and inspection of all electrical wiring and apparatus; and
WHEREAS, three (3) copies of the 1965 Edition of the National Electrical Code are kept on file in the
office of the City Clerk of the City of Fayetteville, Arkansas, and the Board of Directors has caused a
notice to be published in the newspaper of general circulation within the City of Fayetteville, Arkansas,
stating that it had under consideration the adoption of said code and advising the public that the
requisite copies of same were on file in the office of the City Clerk and open to public inspection; and
.AS, the
Board
of Directors is
desirous of
adopting certain
regulations governing neon lighting to be
a part
of the
electtical code
of the City
of Fayetteville,
Arkansas.
, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS:
1. That Section 8-1 of the Fayetteville Code.of Ordinances is hereby amended to read as follows;
Sec. 8-1 National Electrical Code adopted by reference. There is hereby adopted by the Board of Director
of the City of Fayetteville, Arkansas, by reference thereto the provisions set forth in the 1965 Edition
of the "National Electrical Code, NFPA No. 70" as issued by the National Fire Protec#ion Association,
save tkhd except such portions of said National Electrical Code as may be deleted, modified, or amended by
the provisions of Section 8-2 through 8-32 of the Fayetteville -Code of Ordinances, and the provisions
contained in said National Electrical Dode are hereby adopted and incorporated as fully as if set out at
length herein and the Provisions thereof shall be controlling within the corporate limits of the City of
' Fayetteville, Arkansas.
SECTION 2. That it is the express intention of the Board of Directors of the City of Fayetteville, Arkans
in adopting said amendment to Sec. 8-1 of the Fayetteville,Code of Ordinances, to adopt by reference to
the extent as stated in Section 1 of this Ordinance the provisions of the 1965 Edition of the "National
Electrical Code, NFPA No 70", as issued by the National Fire Protection Association.
SECTION 3. That the Fayetteville Code of Ordinances is further amended by remumbering the sections which,
presently appear as "Sec. 8-30" and "Sec. 8-31" to read "Sec. 8-31" and "Sec. 8-3211, and further amended
by adding the following section to be numbered 8-30;
Sec. 8-30 Neon Lighting. That notwithstanding any provision contained in the National Electrical Code to
the contrary, the following provisions shall govern neon lighting:
(1) Persons installing neon tubing must obtain an electrical permit to do such work, and the City electr:
inspector may issue this permit under the provisions set forth in Sec. 8-17, supra.
(2) Persons installing neon tubing under such electrical permit shall be limited to installing the
transformer and the necessary high voltage wiring and material on the secondary side of the transformer,
uAless such persons hold a current City Electrician's License which would enable him to install the
primary wiring to such installation.
(3) Persons installing such neon work shall be required to lhrnish the City with .a corporate surety permit
bond and be required to carry liability insurance as set out in Sec. 8-22 and Sec. 8-23, supra.
(4) Persons installing such neon.work must,conply with all provisions of this Chapter, -except that such
persons need not carry a City Electrical License to install such transformer and secondary wiring.
' SECTION 4. That all other provisions of Chanter 8 of the Fayetteville Code of Ordinances shall remain
the same.
SECTION 5. If any section, sub -section, paragraph, sentence, slause or phrase of this Ordinance (and the
Code adopted by reference herein) shall be declared invalid for any reason whatsoever, such decision
shall hetdaffen9dtleveMdining provisions, which shall remain in full force and effect; And to this end,
,
the provisions of this Ordinance (and the Code hereby adopted by reference) are.hereby declared to be
severable.
SECTION 6. This Ordinance shall be in full force and effect from and after its passage, approval and
publication.
PASSED AND APPROVED this 17th day of April, 1967.
APPROVED: /
ATTEST:
-DON TRUMBO, MAYOR
GEORGE J61 DAWS, CITY CLERK
)lution
847 The City Attorney thea introduced and read a proposed resolution'in tts entirety'entitled,'"A RESOLUTION
ADOPTING RULES AND REGULATIONS PROMULGATED BY THE ELECTRICAL INSPECTOR UNDER SECTION 8-2 OF THE FAYETTEV
CODE OF ORDINANCES TO IMPLEMENT THE ELECTRICAL CODE OF THE CITY OF FAYETTEVILLE, ARKANSAS."
After a brief discussion, during which some corrections were made in the wording of the resolution,
Director Swartz moved that the Resolution be adopted as amended.
The motion was seconded by Director,McFerran and passed unanimously, whereupon'the Mayor declared the
Resolution adopted.
No 61 1537
Preven-
Code
RESOLUTION 847
A RESOLUTION ADOPTING RUL25AND REGULATInNS PROMQLGATED BY THE ELECTRICAL INSPECTOR UNDER SECTION 8-2 OF
THE FAYETTEVILLE CODE OF ORDINANCES TO IMPLEMENT THE ELECTRICAL CODE OF THE CITY OF FAYETTEVILLE, ARKANSAS.
Whereas, pursuant to Section 8-2 of the Favetteville Code.of Ordinances the Electrical Inspector has
promulgated the Bollowing regulations to implement, clarify, and carry out the provisions of the Electrical
Code of the City of Fayetteville, Arkansas (Code of Ordinances Section 8-1,-8-320, and
Whereas, said rules and regulations are deemed to be in the public interest and -are approved by the
of Directors;
NOW, THSRMRB, BE IT 'RESOLVED BY THE BOARD -OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That'the following rules abd regulations, promulgatidgby the Electrical Inspector of the City
of Fayetteville, Arkansas, under and by virtue of the authority confirmed in Section 8-2 of the Code of
Ordinances, are hereby approved and adopted by the Board if Directors:
(1) Electrical conduit in first -fire s6ne.
Electrical wiring installed in the first fire zone shall be installed in approved metallic conduit and
outlet boxes except:
One and two family dwellings and their accessory buildings located in the first fire zone may be wired
approved non-metallic.calble.
-When installing electrical witing in existing buildings which are located in the first fire zone Ind
non-metallic cable may be permitted if, in the opinion of the City Electrical Inspector, it would be
to install the required metallic conduit.
(2) Disconnecting means for furnane motors and electrical water heaters. "
'Some means acceptable to the City Electrical: Inspector capable of disconnecting all current carrying Gond
supplying current to furnaces and electrical nater heaters shall be provided in a suitable and accessible
location adjacent to said furnace or water heater. " ••
(3) Service entrance riser.'
The building service entrance riser shall be constructed with metallic conduit and raintight switches
approved fittings. .
The use of entrance ealdl5e as a service entrance riser is prohibited.
PASSED AND APPROVED this 17th day of April, 1967.
APPROVED: I
-
DON TRUMBO, MAYOR
ATTEST:
GEORGECJ, PAVIS9 CITY CLERK
The City Attorney read a proposed ordinance in its entirety entitled, "AN ORDINANCE AMENDING THE FIRE F
VENTION ORDINANCES OF THE CITY OF FAYETTEVILLE, ARKANSAS (FAYETTEVILLE CODE OF ORDINANCES SECTIONS 9-26
through 9-28). AND FOR OTHER RELATED PURPOSES."
.Director Swartz moved that.the Ordinance pass.
The motion was seconded by Director Kerlin, and upon roll call the following vote was recorded: "AYE"
Kerlin, Swartz, McFerran, Melton; Christie, Trumbo, and Dunn. "NAY" None.
There being seven "AYES" and no "NAYS", the Mayor declared the Ordinance passed.
ORDINANCE N0. 1537
AN ORDINANCE AMENDING THE FIRE PREVENTION ORDINANCES OF THE CITY OF FAYETTEVILL.E, ARKANSAS (FAYETTEVILL.E
CODE OF ORDINANCES SECTIONS 9-26 through 9-28), AND FOR OTHER RELATED PURPOSES.
WHEREAS,
consistent with the
policy of
the Board of
Directors
of
the'City
of Fayetteville, Arkansas, of
up -dating
and improving the
ordinances
of the City,
the Board
of
Directors
has caused a notice to be
th
1
5
Ordinance
1537 (Con
n
published in the Norhhwest Arkansas Times, a newspaper of general circulation in the City of Fayetteville
Lied) Arkansas, advising that the Board of Directors has under consideration the passage of an ordinance
adopts by reference the provisions set forth in a pamphlet entitled "State of Arkansas, Fire Prevention
Code, Wagulations Governing Fire Hazards and Fire Prevention", 1965 Editions issued by Herman E. Lindsey,
Director, Department of Arkansas State Police and Fire Marshall; and adopting by reference the provisions
of Act 31 of 1965, Acts of Arkansas, known as the Liquefied Petroleum Gas Board Act;.and
WHEREAS, three (3) copies of the above-named materials are kept on file in the office of the City Clerk
of the City of Fayetteville, Arkansas, as provided by Act 267 of 1949 Acts of Arkansas; and
WHEREAS, the Board of Directors of the City of Fayetteville, Arkansas, f inds that it is to the best
interest of the City of Fayetteville, that the Code of Ordinances of the City of�Fayetteville, be amended
to adopt by reference the provisions contained in the pamphlet entitled "State of Arkansas, Fire Preventi
Code, Regulations Governing Fire Hazards and Fire Prevention", 1965 Edition, as aforesaid, and provisions
of Act 31 of 1965, Acte of Arkansas, as aforesaid.
, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS:
SECTION 1. That Section 9-26 of the Fayetteville Code of Ordinances is hereby amended to read as follows
Sec. 9-26. State of Arkansas Fire Prevention Code -Adopted by reference.
There is hereby adopted by the Board of Directors.of the City of Fayetteville, Arkansas, by reference
thereto the provisions set forth in the pamphlet entitled "State of Arkansas, Fire Prevention Code,
Regulations Governing Fire Hazards and Fire Protection"; 1965 Edition, issued by Herman E. Lendsey,
Director, Department of State Police and State Fire Marshall, and astset forth in Act 31 of 1965, Acts of
Arkansas, known as the Liquefied Petroleum Gas Board Act; and as set forth in the pamphlet entitled
"State of Arkansas, State Code, Liquefied Petroleum Gas Containers and Equipment" May 1964 Edition,
issued by the Liquefied Petroleum Gas Board, except to the extent the provisions of said pamphlet are
amended or otherwise affected by the provisions of Act 31 of 1965, Acts of Arkansas; and as set forth in
Act 224 of 1961, Acts of Arkansas, as amended by Act 34 of 1963; save and except such portions of said
pamphlets and Acts as are hereinafter deleted, modified or amended, and the provisions contained in said
pamphlets and Acts are hereby adopted and incorporated as fully as if set out at length herein, and the
provisions thereof shall be controlling within the corporate limits of the City of Fayetteville, Arkansas
2. Section 9-27 of the Fayetteville Code of Ordinances is hereby amended to read as follows:
Sec.
9-27•
Same- Amendments, deletions and modifications.
(11) Article RV of the Arkansas Fire
Code
shall
be amended by adding the following Sections:
Section 1502. Explosion of Fireworks. (a) It shall be unlawful for any person, firm or corporation to
explode or cause to be exploded any firecrackers, roman candles, skyrockets, or any other fireworks withi
the corporate limits of the City of Fayetteville, without having first obtained the prior written consent
of the mayor specifying the time, place and duration of such explosions or pyro-technical exhibitions.
b) Any person, firm or corporation violating any -part of subsection (d) of this section shall be deemed
uilty of a misdemeanor, and upon conviction thereof be fined in an amountgnot less than five dollars
$5.00) nor more than twenty-five dollars -425,00).
Section 1503. Compliance with Act 224, of 1961, as amended. (a) Any persons firm or corporation securie
written consent of the mayor for the explosion of fireworks as provided in section 1502 (a) of this
article, shall in the use of explosion of or possession of said fireworks fully comply in all respects
with the provisions of Act -224 of 1961, Acts of Arkansas, as amended by Act 34 of 1963, adopted by
reference in this article, including but not limited to the provisions of said act prescribing the type
and kind of fireworks permissible.
I(b) Eiccept to the extent modi*Sied:by asction-1502 and section 1503.:(a),of this article, the provisions
'of -the Arkanslas'Fire Prevention Code and Acr 224 of 1961, Acts of Arkansas, as amended by Act 34 of 1963,
adopted by reference in this articles shall govern in all respects the sale, possession, display,
offering for sale, and use 6f fireworks or pyrotechnics, and govern all shatters pertaining thereto as
provided in said adopted act, in the City of Fayetteville, Arkansas.
(c) Any person, firms or corporations biolating any of the provisions of said adopted act shall be
to the penalties and punishments in said act.
(2) The provisions of Act 224 of 1961, Acts of Arkansas, as amended by Act 34 of 1963, be amended by
adding the following section after svttion 14 of said adopted act:
Section 15. Legislative in It is the intention of the Board of Directors of the City of Fayetteville,
Arkansas, inrespect to the provisions of this adopted act relating to the use of fireworks and pyrotechnics,
that such provisions shall apply only in the event written consent of the mayor for the use or explosion
of the amendment contained in this article to Section 1500 od Article RI of the Arkansas Fire Prevention
Code; it being the express intention of the city Board of Directors in adopting said amendment to sectionn
1500 to prohibit the use or explosion of fireworks or pyrotechnics in the City of Fayetteville,Arkansas,
unless written consent of the mayor is first received as provided in said amendment,
(3) Section 1900 off Article XIX of the Arkansas Fire Prevention Code should be amended to.read as follows
Section 1900. General. The storage and handling of liquefied petroleum gases shall he as prescribed by Act
32 of 1965, Acts of Arkansas adopted by reference in this Article, and as provided in the "State of Arkansas,
State Code, Liquefied Petroleum Gas Containers and equipment". May 1964 Edition, issued by the Liquefied
Petroleum Gas Board, and adopted by reference in this Article, except to the extent the provisions of
said pamphlet are amended or otherwise affected by the provisions of Act 31 of 1965.
(4) Section 2802 of Article XXVII of the Arkansas Fire Prevention Code shall be amended to read as follows:
' Section 2802. Burning of trash. (a) No person or*persons shall kindle or.maintain a bonfires or burn
trash, lumber, leaves, straw, or any other combustible material in any street or alley, or on any premia
or vacant lot, unless burning to done in a covered receptable of not more than one -forth inch wire mesh,
or of metal, without first having obtained and having in full force and effect written permission to do
so from the chief of the fire department. No such permit shall be issued to kindle, builds maintain or
use of fire within fifteen (15) feet of a fire 'hydrant, or'within two (20 feet.of any concrete curb or
the surface of any permanent pavement, except for the purpose of repairing, removing or constructing the
same. Burning under permit as provided for in this paragraph shall also be subject to -such additional
No.
(Cont.)
t
No.l 1538
(Dance Hall)
Ordinance No. 1537 (Continued)
proper safeguards as the -chief of the fire department. may prescribe. All burning of materials permitted
by this paragraph shall be conducted on still days, during day -light, with an adult in constant attendant
and shall be done in a location at least twenty-five (25) feet from any building or structure, and where
standing grass or weeds will not.commzunicate fire to nearby property.
SECTION 3.'
That Section 9-28 (a)
of the Fayetteville Code of Ordinances
should be amended to read as
follows:
(a) Any person, firm or corporation violating Act 31 of.1965, Acts of Arkansas, and the regulations of
the State Liquefied Petroleum Gas Board, adopted herein, shall be guilty of a misdemeanor, and upon
conviction shall be fined in a sum.not'less than twenty-five dollars ($25.00) nor more -than one thousand
dollars ($11000.00); and in addition, may be imprismned for not more than one (1) year or both.
SECTION 4. That it is the express intention of the Board of Directors of the City of Fayetteville,
Arkansas, in adopting the foregoing amendments to the Fayetteville Code of Ordinances, to acopt by
reference to the extent stated inthis Ordinance, the provisions of "State of Arkansas, Fire Prevention
Code, Regulations Governing Fire Hazards and Fire Prevention", 1965 Edition, and the provisions of Act 31
of 19650 Acts of Arkansas, known as the Liquefied Petroleum Gas Board Act.
SECTION 5. If any section, sub -section, paragraph, sentence, clause or phrase of this Ordinance
(including the provisions adopted by reference herein) shall be declared invalid for any reason whatsoeve
such decision shall not affect the'remaining provisions, and shall remain in full force and effect; and
to this end, the provisions of this Ordinance (and the provisions adopted by reference herein) are
hereby declared to be severable.
SECTION 6. This Ordinance shall be in full force and effect from and after its passage, approval and
publication.
PASSED AND APPROVED this 17th day of April, 1967.
APPROVED
ESGEORGE
C7 UVISsLERK'
The City Manager read a proposed Ordinance for the third and last time, which had been left on its
second reading at the last regular meeting of the Board of Directors on Monday, April 3, 1967, entitled,
"AN ORDINANCE REGULATING DANCE HALLS WHERE LIGHT WINES AND BEER ARE SOLD, PROVIDING EOR LICENSING THERM
AND IMPOSING A TAX, AND FOR OTHER PURPOSES."
The Mayor then declared the Ordinance open for discussion.
There being no discussion, the Mayor asked the question, "Shall the Ordinance pass?"
Upon roll call the following vote was recorded: "AYE" Kerlin, Melton, Christie, Trumbo, and Dunn.
"NAY" Swartz and McFerran.
There being five "AYES" and'only two "NAYS", the Mayor declared the Ordinance passed.
ORDINENCE NO.1 1538
AN ORDINANCE REGULATING DANCE HALLS WHERE LIGHT WINES AND BEER ARE SOLD, PROVIDING FOR LICENSING THEREOF,
AND IMPOSING A TAX, AND FDR OTHER PURPOSES'.
Wheread, itis deemed in the best interest of the public•to license, regulate and tax fiance halls and plE
where dancing is carriedoon, when light wines or beer are served at said place or places; and
Whereas, said provision of law should be included in the Fayetteville Code of Ordinances.
NOWO THEREFORE, BE IT ORDAINED BY THE BO'RD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the Code of Ordinances, City of Fayetteville; Arkansas, is hereby amended by adding an
article to Chapter 3 theeol which shall be numbered by Article IV,.which article shall read as follows:
Article IV. DANCE HALLS --LIGHT WINES ANS BEER
Division 1. GENERALLY
Sec. 3-96. Selling or Serving in Dance Halls
Except as orovided in this Article, it shall be unlawful for any person to sell or serve beer or light
wines in any dance hall or place wherevdancing is carried on, and it shall be unlawful for dancing to
beaaMieted in any place where beer or light wines are being sold, dispensed or served; it shall likewise
be unlawful to sell beer or light wines in any place or building where there is a direct entrance allowii
ingress or egress to any dance hall or place where dancing is allowed.
Division 2. BUSINESS LICENSE
Sec -3-97 Required.
The business of owning, operating or conducting a dancing house or place where dancing is carried on, wt
beer is sold, dispensed.or served, it hereby declared under the Constitution and laws oe this state and
City to be a privilege, and no person shall own, -operate, conduct or engage in any,such business unless
has a current license so to do issued by the City. 0 1
Sec. 3-98 Licensing Board.
A Licensing Board hereinafter referred to as the Board shall be created for the purpose of Issuing licen
under this didision. Said Board shall consist of the City Manager and four private citizens, who do not
hold any official position, of the City of Fayetteville, State of Arkansas. Licenses shall be issued by
the Board upon proper application and Board shall have the power to revoke said licenses for good cause.
The Board shall also have the authkrity to make and promulgate from time to time any rules and regulatic
necessary for'the proper administration of this ordinance, including but not limited to the following:
building size] parking facilities; sanitation; policing; and business hours.
Sec -3-99 Application
Any person desiring to engage in any business for which a license is required by this division shall
an application for such license with the City Clerk. Said application shall then be referred to the
of Police of Fayetteville, Arkansas, who shall make a written recommendation to the Board.
It
It I
Ordinance
1538
135
FIt shall be unlawful for any person to make any false statement or representation in any application or
give any false answer to any question contained therein.
sec 3-100 Tax.
The annual tax for a license required by this division shall be $400.00.
Sec. 3-1-1 Issuance.
A license applied for under this division shall be issued by the Board, upon compliance by the applicant
with all provisions of this division, including the payment of the prescribed tax, presentation of the
applicant's state retail beer license or permit specifically authorizing the applicant to maintain or
operAte a dance Ball or to permit dancing in of upon the permitted premises, presentation of the applicaniIs
city retail beer license.
Sec. 3-102 Not Transferable
A license Yssued under this division shall not be transferable.
Sec. 3-103. Expiration.
Every license issued under this division shall expire on the thirtieth day of June next following its
issuance.
Sec. 3-104. Revocation.
When any person licensed under this division is convicted of a violation of arty provision of this Article
or of Article III of this Chapter, the Court shall, err addition to the penalty imposed for such violation
revoke such person's license.
In aaddition to the above, if any person licensed under Article III of this Chapter shall have his license
revoked)] his license under this Article shall be revoked also.
When any license is revoked under this section, no new license shall be issued to the same person within
one k"44r after such revocatiorl.
Sec. 3-105. Penalty for Violation of Article.
Any person violating *any of the provisions of this Article shall, upon conviction thereof, be deemed guil
of misdemeanor and shall be fined in any sum not less than ten dollars ($10.00) nor more than a five hund
($500.00) for each violation. -
SEBLION 2. That Section 3-72, Code of Ordinances, City of Fayetteville, be.and the same is hereby
repealed.
SECTION 3. That this ordinance shall be in full force and effect from and after its passage, approval .
and publication.
PASSED AND APPROVED this 17th day of April , 1967.
APPROVED:
' 'DON TRUMBO, MAYOR
rI i4-mE
11 M
The City Manager introduced and, at the request of the Mayor, read a proposed ordinance in its entirety
Ordinance left for the first time entitled, "AN ORDINANCE CHANGING THE NAME OF OAK MANOR SUBDIVISION TO OAK MANOR
on First Reading. ADDITION, AND FOR RELATED PURPOSES."
No further action was taken at this time and the ordinance was left on the first reading.
The City Manager presented's recommendation for additional parking stickers for off-street parking lots.
In an Administrative Memo #52 A. which was spread on the minutes and reads as follows:
Authorized A. Additional Parking Stickers for Off -Street Parkins Lots:
Parking Stickers In 1964 the Mayor approved the use of 60 parking stickers to be sold by Downtown Fayetteville Unlimited.
for Off -Street These stickers, when attached to the rear windows of vehicles would allow such vehicles ro park at any
Parking Lots. meter on off-street parking lots without paying the meter charge. These stickers sell for $6.00
monthly and the full sixty are now being issued. At this time'of using the sixty stickers, there are
374 off-street parking spaces or a ration of 5.2 spaces for each sticker issued.
With construction of the three new off-street parking facilities recently authorised by the City Board.
we will have 535 off-street parking spaces (374 at this time with 464 to be added).- Downtown
Fayetteville has requested permission to issue another 50 stickers for a total authorization of 110.
This would be a ratio of 4.9 spaces for each sticker issued. I would recommend that the Board
authorize an additional 40 stickers to increase to 100 the authorized stickers, also giving the City
Manager the authority to increase this to 120 if warranted and needed.
' Director DHnn then moved to accept a recommendation of the City Manager and authorize an additional 40
stickers to increase to t00 the authorized stickers, also giving the City Manager the authority to
increase this to 120 if .warranted and needed.
The Motion was seconded by Director Neltori And passed unanimously.
r
136
'•
Ti
W
To
strative Memo #52 C. was spread on the minutes and reads as Follows:.
C. Major Street Plan and Sycamore Street From Leverbtt Fast
e major street pan of the city was adopted in May of 1959. This pian designated Sycamore Street from WJ
Garland as a collector street. The designation Collector Street requires a 60 feet right-of-way and
.nimum 40 feet of roadway with 8" baseand 21/2" surface. There is existing right-of-way of only 40 feet
Fcamore. All Sycamore is opened along this stretch except from Levertt to the railroad.
s City has recently rezoned some property in this area•of Sycamore to R-3 Multi -Family for apartment ut
is property begins about 500 feet east of Leverett and runs to the railroad. I have told the developers
1s property that they would have to dedicate another 20 feet of right-of-way along their property and a9
nstruct a 40 feet roadway from Leverett to their property and eventiially entirely through the property,
rey have agreed to do this, with the developer paying the cost of the. roadway 32 feet wide in front of tt
b feet of land which is not theire and the City paying the other eight feet, according to our policies.
major draingge is also required with the city to consider paying one-half its cost.
eral problems exist: 1. Inability to obtain added 20 feet of right-of-way for 500' of property not o
developers?, 2. Decisions as to thether to condemn this property; *3.
Engineering problems with eve
ng able to construct a
grade seperation
at railroad tracks because of
levels, 4. A grade crossing wo
uire about 100 feet of
right-of-way for
a high fill; 5. Whether to consider Sycamore as a lost cause
a Collector and allow
27 feet pavement
within existing right-of-way;
6. Legal relationship of Major
n with this situation*
for McFerran moved that the developers of apartments along Sycamore Street West of the St. Louis and
isco Railroad be required to dedicate an additional 20 feet of right-of-wavotoadbdtaitefa60aeditiand
our Major Street Plan for Collector Streets;
ther that the City Manager continue negotiations to obtain another 20 feet of right-ot-way from four
,er property owners for a distance of approximately 250 feet East from Leverett Avenue, and if the addi
bt-of-way cannot be readonably obtained, that the City Manager be and he is hereby authorized to cause
to 30 foot roadway to be constructed instead of the 40 foot roadway required for Collector Streets,
ionwas seconded by Director Kerlin and passed unanimously.
A long dicussion
was held concerning
the renting(
or leasing) of space for
-,three Rent-A-Car Firms at
Field.
Memo #52 D, was spread on the minutes and reads as follows:
ty.ID. Use of Counter Space at Terminal for RentpA-Car Leesees
to 'Civil
Service
Commission.
C I end
Hai Douglas,
Appoint
Roy Clinton
ts.
of
M+11 n 7
first
The City Board approved three leases for rent a car firms at Drake Field several weeks ago. Modifications of
existing counters is now completed which gives each firm a separate identity by separating them frim each lother.
All leases carried the same rent. One of the spaces is more attractive than the other two, that 6ne being
occupied for several years by Herta Real-a-Car•next to the exit and entrance door. I therefore suggested)
that all spaces be rotated by each firm every three months. Hertz objected to this arrangement.
Other alternatives would be: 1. Set a higher price for the lease of the most attractive apace and let
draw lots to obtain the space, 2. `Seta higher price for the first space and award by seniority, at a.
of business. (favored by Hertz); 3. Leave as is with Hertz continuing to occupy first space at no
differential in lease rent. Representatives of the three firms will attend the Board meeting.
Director Dunn moved to allot the spaces on a seniority basis.
The motion was seconded by Director Meltonand upon roll call, the following vote was recorded, " dye"
Swartz, McFerran, Melton, and Dunn. "Nay", Christie, and Trumbo. "Abstaining" Kerlin.
There being four "Ayes", with only two "nays", and one abstain, the Mayo declared the motion passed.
The City Manager reported that he had a letter of resignation from the Civil Service Commission from
Mr. HatlDouglas, who had been a member of the Civil Service Commission ever since it was created.
The City Manager recommended that Mr. Douglas be commended for his long and fgithful service on the
Commission, and that Mr. Pat Watkins be appointed to the unexpired term. '
Director Melton moved to commend Mr. Douglas for his service on the Civil Service Commission and that Mr.
Pat Watkins be appoin'.ed to theis.unexpired term on the Civil Service Commission, such term ending on
April 1, 1968.
The motion was seconded by Director Christie and passed unanimously.
The City Manager reported that Mr. Bryan Walker, a member of the Fayetteville Planning Commis_sion,had beet
unable to attend the meetings of the planning commission for over six months.
He further reported that the ioules and bylaws of the Planning Commission require attendance at regular
meeting bf the Commission at least once every three months. With this in mind, He recommenddthat Mr. Roy
Clinton be appointed to fill the unexpired term of Bryan Walker which expires on January 1, 1968. Mr.
Clinton is manager of the Lewis;.Brothers Store in Fayetteville.
Director Christie moved to accept the recommendation of the City Manager and appoint Roy Clinton to fill
the unexpired term of Bryan Walker , said term expibing on January 1,1968.
The motion was seconded by Director Kerlin and passed unanimously.
The'City Manager presented Administrative Memo #50 relating to Regional Airport Study Application which
spread on the minutes and reads a s follows:
You will recall that several months ago (July of 1966) the City received a proposal from Leigh Fisher Ass
for more intensive study of sites and preparation of a concept master plan for regional airport developme
northwest Argansas. In late summer, the Fayetteville Chamber of Commerce and City of Fayetteville made
overtures to the various cities, chambers, and counties in Northwest Arkansas to divide up the cost of $1
to complete this study. There was no interest expressed by any of the contactedaagencies to underwrite t
In the Pall of 1966, I contacted the Federal Aviation Agency.' concerning the possibility of federal funds
elp finance the Fisher study through FAA advance planning 54 grants. By letter of March 2891967, the Fe
viation Agency advised that the Leigh Fisher study would not qualify under this criteria for a grant beca
t "was not responsive to criteria for such a grant", meaning that their grants are primarily designed"for
he purpose of developing airport layout plans leading up to a project application ." The Fisher study wa
elieved to be primarily an economic and site feasibility study,
Re
eiates
t in
,400
is study.
'
eral
s
se
Favoring the
of N.W.Arkan
Regional Air
Authority.
Purchase
Traffic Si
Posts
Bids on
Signe &
1
ctor McFerran then moved that the Board of Directors go on record as favoring the Creation of a
,hwest Arkansas Regional Airport Authority under Act 430 and in order to implement this recommendation
, the City Manager be instructed to make contact with the Chief Administrative officers of the five (5
icipal cities of northwest Arkansas, the Washington and Benton County Judges, the northwest Arkansas
onal Planning Director and the five (5) study committee members to set a meting date in order to
;uss implementation to creals a Regional. Airport Authordity.under Act•430,
motion was seconded by Director Swartz and passed unanimously.
City Manager reported that bids had been rec6&ved for a tractor -power to be used in the city parka.
recommended the purchase of the low bid which was the one by Internation Harvester Company, Springdale
:ansas, at a net cost of $1, 550.00.
sector Melton moved to accept the recommendation of the City Manager and purchase the tractor -mower fro
ernational Harvester co., Springdale, Arkansas at a cost of $1,600.00 less a trade-in of $250.00 for
old mower or a net coat of $1,550.00, said tractor -mower being the Yazoo 60" SitcDown Mower.
i motion was seconded by Director Kerlin and passed unanimously,
other bid was by•InternationlHarvester eo., for $1,900.00
On February; -1.967; the -Regional Planning Commission decided. to irclude. the FYsh_ergStudy, as one of .their'
Pavement
no company had
projects -for carrying out a "701" Regional Planning Assistance :_ After looking over
the purchases be made for the
&
the proposal, 1t was believed that all parts of the Fisher proposal, 6E96pt one, would qualify for a•
and posts from whichever company had presented the low bid
on that particulat item.
1701 two-thirds planning grant. This exception was the Concept Mater.Plan, which section would be more
Director Melton
moved to purchase the traffic signs and posts from the low bidder of each item as
in line with FAA criteria "developing airport plans." Therefore we would like to apply, through the
recommended by
the City Manager.
Regional Planning Agency, for 701 planning funds to conduct all of Leigh Fisher's proposed study except
'
motion'was
1the Concept Master Plan.
On the Concept Master Plan part of the studyT we would like to apply to Federall Aviation Agency formally
Regional Airport
to request their funds for that part of the study only. This application will need a sponsor. As no
Memorandum'
formal organization is yet oreated for the regional airport, I would recommend that the City of Fayettevi
Bid Tabulation
sponsor this advance planning application for 50% federal grants Even though we act as sponsor, I believ
Traffic Signa and Posta
the regional Blanning Commission would actually finance the other 50% of the FAA part as well as the 331/
is
•
of -the 701 part. This application will have to be submitted by April 26, 1967 to be considered in this
year's program.
Sargent Miro Vulcan VePed All
Traffic McRAney
The Interlocal Cooperation Act is now Act 430 of 1967. This act would allow any public agency to join wi
Sowell Fles, Signs, Controls Quality
any other public agency(ied) to carry out functions which each might -carry our separately. Agreements
jto do such would have to be formalized and approved by the Attorney -General. "Financing of joint project
Inc. Prises
agreement shall be as provided by law." This law would now allow the cities and county governments
4.50 5.10 J*2 4.90 3.75
3.49 3.90
`by
of Washington and Benton County to create a Northwest Arkansas Regional Airport Atthority. Although it
75 No Parking
This1.40 2.03 1945 1.65 1.35
would have no funding power, except that which the individual city(ies) or county(ies) could provide, it
could at least be a formal body to coordinate the planning programs as discussed above. As no other
-I
agency seems to be taking the daadtinc,this matter. would recommend that this Board go onrecord as
favoring the Creation of a Northwest Arkansas Regional Airport Authority under Act 430 and in order to
!implement this recommendation, that the City Manager be instructed to make contact with the Chief
Administrative officers of the five (5) principal cities of northwest Arkansas, the Washington and
Benton County Judges, the northwest Arkansas Regional Director and the five (5) study committee members
Authorize Applica-'
to set a meeting date in order to discuss implementation to,create a Regional Airport Authority.under Act
tion for Federal
Funds for Concept
After a long discussion, Director McFerran moved that the City make application to the Federal A4iation
Master Plan.
Agency for funds to prepare a eoncept Master Plan such pUn to be prepared by Leigh Fisher and Associat
'
at an estimated cost'of $15,000 and that.the City of Fayetteville sponsor this advance planning applicati
for 50% Federal Grant.
The motion was seconded by Director Melton and passed unanimously.
Favoring the
of N.W.Arkan
Regional Air
Authority.
Purchase
Traffic Si
Posts
Bids on
Signe &
1
ctor McFerran then moved that the Board of Directors go on record as favoring the Creation of a
,hwest Arkansas Regional Airport Authority under Act 430 and in order to implement this recommendation
, the City Manager be instructed to make contact with the Chief Administrative officers of the five (5
icipal cities of northwest Arkansas, the Washington and Benton County Judges, the northwest Arkansas
onal Planning Director and the five (5) study committee members to set a meting date in order to
;uss implementation to creals a Regional. Airport Authordity.under Act•430,
motion was seconded by Director Swartz and passed unanimously.
City Manager reported that bids had been rec6&ved for a tractor -power to be used in the city parka.
recommended the purchase of the low bid which was the one by Internation Harvester Company, Springdale
:ansas, at a net cost of $1, 550.00.
sector Melton moved to accept the recommendation of the City Manager and purchase the tractor -mower fro
ernational Harvester co., Springdale, Arkansas at a cost of $1,600.00 less a trade-in of $250.00 for
old mower or a net coat of $1,550.00, said tractor -mower being the Yazoo 60" SitcDown Mower.
i motion was seconded by Director Kerlin and passed unanimously,
other bid was by•InternationlHarvester eo., for $1,900.00
1.40
W No Parkinu on
The City Manager reported that bids had been received -for tragfic signs and posts for the Uity and since
Pavement
no company had
presented the low bid for all the items he recommended that
the purchases be made for the
&
different signs
and posts from whichever company had presented the low bid
on that particulat item.
10 Western Meth-
Director Melton
moved to purchase the traffic signs and posts from the low bidder of each item as
5.97
recommended by
the City Manager.
motion'was
seconded by Director Swartz and passed unanimously.
IThe
A copy of the bids was spread.on the minutes with the underlined bid being
the one purchased in each
linstance.
Bid Tabulation
affic
Traffic Signa and Posta
is
•
Sargent Miro Vulcan VePed All
Traffic McRAney
Sowell Fles, Signs, Controls Quality
Supplies Enter --
.Inc. Inc. Inc. Inc. Sign,Ceo.
Inc. Prises
200 Stop
4.50 5.10 J*2 4.90 3.75
3.49 3.90
75 No Parking
This1.40 2.03 1945 1.65 1.35
1.59 1.95
1.40
W No Parkinu on
1.40
Pavement
3.20
10 Hospital
3.50
25 One Way�
3.75
25 One Waves
3.75
10 Western Meth-
6.25
10 Western Meth- 6.25
10 University of 6.2%
4rkansas, etc.
2.03
2.03
1.45 1.65
1945 1.65
105 1.59
1 35 1.59
5.47
3.05
3.60
3.20
4.95
3.25
2_65
2.95
4.95
3.25
2*65
2.95
6.90
5.97
5.90
6.90 5.97
6.90 5.97
5.90
2.99
3.39
3.39
4.99
4.99
4.99
1.95
1.95
3.77
3.63
3.63
6.66
Co
G DO
0
Cont.)
as ua6.
T. J.Keith,
N.W�Times
Reporter
present as
News Rep.
Ordinance
No, 1539
.10 University of
;6.25:
6.90
5.97 '
Arkansas
days
wks
days days 'days
here being no
further business, Director
McFerran moved
to adjourn. The motion was seconded by Director
200 Channel Iron
3.15
2_55
3.09
Posts, 12 ft.
12 Entering Favette-10.50
24.00
19.00
ville, etc,
TTEST•
+
Terms
Net
Net
Net
DON TRUMBO, MAYOR
All or
/V _ TZHTCZ _ MTV rTPRW
I,L•T:
5.90 1�e 85
3,16 3.48
23.80 14.50.
4.99, 6.864
,
-- 3.30
24.99 18.62
Net 1%-10 Days Net Net
Delivery
15 days 3045
3-4
30-40 30 days 30-40 3040
days
wks
days days 'days
here being no
further business, Director
McFerran moved
to adjourn. The motion was seconded by Director
unn and passed
unanimously, whereupon the
Mayor declared
the matting•adjourned.
APPROVED:/�f
TTEST•
+
GL�IJv
�1/ �-�,
DON TRUMBO, MAYOR
r.V»arV..
/V _ TZHTCZ _ MTV rTPRW
The Board of Directors of the City of Fayetteville, Arkansas, met in regular session on Monday, May 1, 196
in the Directors Room in the City Administration Building at 7:30 P. M, CDST,
Present: City Manager Gerald G. Fox, City Clerk George J. Davis, City Attorney Hugh Kincaid, and Directors
Swartz, McFerrang Melton, Christie, Trumbo, and Dunn.
Absent at roll call but later entering: Director Kerlin,
The minutes of the regular meeting on Monday, April 17, 1967, a copy of which had previously been mailed t
each of the Directors, were approved as written
The City Manager read a proposed ordinance which had been left on its first reading at the last regular
meeting of the Board of Directors on April 17, 1967, entitled, "AN ORDINANCE CHANGING THE NAME OF OAK NANO
SUBDIVISION TO OAK MANOR ADDITION, AND FOR RELATED PURPOSES".
Director Christie moved that the Rule be suspended and that the Ordinance be placed on the third and final
reading.
The motion was seconded by Diredtor Swartz and upon roll call the following vote was recorded, "Aye"
Swartz, McFerran, Melton, Christie, Trumbo, and Dunn, "Nay" None;
There being Six "Ayes" and No."Nays",' the Mayor declared the motion passed,
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 Mayor asked the
question, "Shall the Ordinance pass?"
Upon roll call the following vote was recorded, "Ave" Swartz, McFerran, Melton, Christie, Trumbo, and Dunn
"Nay" None.
There being Six "Ayes" and No,"Nays", the Mayor declared the Ordinance passed,
ORDINANCE N0. 1539
AN ORDINANCE CHANGING THE NAME OF OAK MANOR DIVISION TO OAK MANOR ADDITION, AND FOR RELATED PURPOSES.
WHEREAS, BY Ordinance No. 1402 of July 20. 1964, the city of Fayetteville, Arkansas accepted the plat of
]ands known as Oak Manor Subdivision to the city of Fayetteville, Arkansas; and said plat was recorded on
August 25,1964 in the plat book at page163 in the office of the Circuit Clerk and ex -officio Recorder of
Washington County, Arkansas, and
WHEREAS, subsequent to the acceptance and recording of said plat as aforesaid, certain deeds have been
executed in said subdivision referring to "Oak Manor Addition" instead of "Oak Manor Subdivision", and
such has resulted in confusion to abstracters and title examiners, and
WHEREAS, "Oak Manor Addition", referred to in said deeds, and !Oak Manor Subdivision" are one and the same
it is desirable to change the name of said subdivision to "Oak Manor Addition" in order to confrom said
Dlat to the deeds.
THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS:
tionl. That the name of Oak Manor Subdivision -to the city of Fayetteville, Arkansas be and the same
eby changed to "Oak Manor,Addition to the city of Favetteville, Arkansas".
tion2. That the City Clerk is hereby directed to cause a certified copy of the Ordinance to be reco
the office of the Circuit Clerk and Ex-Officho Recorder of Washington County, Arkansas, and the said
cuit Clerk and Ex-0fficio Recorder is hereby authorized and.requested to%change the name of said sub,
the recorded plat to "Oak Manor Addition" in conformity with the provisions of this ordinance.
tion3• This ordinance shall.be in force and affect from and after its passage, approval and publica
SED AND APPROVED on this lst'day of May, 1967.
APPROVED:
DON TRUMBO, MAYOR
11
7,CDST,
o '
J