HomeMy WebLinkAbout1968-07-29 Minutes290
The City Manager announced that a special meeting would be held on July 29, 1968 at 7:30 P.M., in the
meeting place.
There being no further business, Director Kerlin moved to adjourn. •
The motion was seconded by Director Dunn and passed uhanimously, whereupon the Mayor declared the
ATTEST:
i
GEORW J. EAVIS, CITY CLERK
APPROVED:
DON TRUMB , MAYOR
adjourned.
1
Special The Board of Directors of the City of Fayetteville, Arkansas, met in special session on Monday, July 29, 1968,
Meeting. 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:
T.J,Keith Kerlin, Swartz, McFerran, Melton, Christie, Trumbo, and Dunn.
News Reporter Absent: None.
N.WlTimes
also Present; The Mayor reported that the purpose of the meeting was to:
of Hold a Public Hearing on Rate Incrgasenfor Taxicab Service and consideration of Ordinance Amendments
Regulating Taxicabs,
Consideration of an ordinance Amending Sections of Code of Ordinances to increase Annual License Tax for
Beer Retailers and other purposes,
Consideration of an ordinance Annexing Certain Property to the City along Arkansas State Highway No. 16,
West,
and to discuss the 196849 Water and Sewer Funds Annual Operating Budget and Work Program.
He further reported that all of the Board Members had been notified directly at the last regular meeting
of the Directors on Monday, July 15, 1968, and by U. S. Mail.
on A public hearing was held on the Rate Increase for Taxicab Service and consideration of Ordinance Amendm<
Rates. Regulating Taxicabs but no definite action was taken at this time and action on a proposed ordinance was
postponed until the regular meeting of the Directors on August 19, 1968.
Ordinance The City Manager read a proposed ordinance,which had been left on the second reading at the last regular
Defeated. meeting of the Directors on Monday, July 15, 1968, entitled, "AN ORDINANCE AMENDING SECTIONS 348 AND 3-`
(Had been OF THE FAYETTEVILLE CODE OF ORDINANCES TO INCREASE THE ANNUAL LICENSE TAX FOR RETAILER SELLING LIGHT WIN]
left on 2nd AND BEER, SPECIFYING INFORMATION TO BE PROVIDED IN SUCH PERSON'S APPLICATION FOR LICENSE".
Reading This being the third and last reading, the Mayor stated that the Ordinance was open for discussion.
July 1591968) After a very long discussion, the Mayor asked the question, "Shall the Ordinance pass?"
Upon roll call the following vote was recorded, "Aye" Swartz. "Nay" Kerlin, McFerran, Melton, Christie,
Trumbo, and Dunn.
There being only One "Aye" against Six "Nays", the Mayor declared the Ordinance defeated for lack of a
majority vote.
The City Manager presented an Administrative Memo in which he outlined Four (4) plans for :a RETAIL BEER LICENSES
Memoo AND TAXES.
# 114 The Memo was spread on the minutes and reads as follows:
ADMINISTRATIVE MEMO # 114
RETAIL BEER LICENSES AND TAXES
At the last City Board meeting, attorneys for the Retail Liquor and Beer operators made a compromise
suggestion for increases in Beer License Tax. I have been provided with some information on "gross sal
in order to analyze estimated revenue from zfx6m6v&,coibpio.om1se planand the original plan. Below you wi
find estimated revenue from (1) the original plan following state lwa maximums, (2) the compromise plan
as offered by the operators; (3) a compromise plan using state law minimums and $2 per $1,000 gross ins
of $5 per $1,000; (4) a compromise plan using state law minimums and $3 per $1,000 gross instead of $5
per $1,000.
6(a $8,000
4@ 12,000
2@`)18,000
4@ 22,000
3@ 37,500
7@ 50,000
2@100,000
2@125,000
1@150,000
•1@175,000
I. A tax of $50 minimum for the first $25,01
$25,000 which is compromise offered by opera
16@$25,000 or less
3@$37,500
7@$50,000
2@$100,000
2@$125,000
1@$150,000
1@$175,000
$50) $ 300. (This pr
$70) 280 defeat(
$100) 200 Ordinar
$220) 480 record
$195) 585
$260) 1,820
$510) 10020
$635) 12270
$760) 760
$865) __865
$7,580
X) in gross beer sales and $2 per $1,000 oR gross sales over
;ors.
( $50)
( $75)
($too)
($200)-
($250) $200).($250)
($300)
($350)
$ 800
225
700
4.00
500
300
0
$3M370
.
I. A suggested compromise using state law minimum of $15 for the first $1,000 gross sales, $20 for
sales between $1,000 and $2,000, and $2 per $1,000 gross sales over $2,C00 instead of $5 per $1,000.
6
A tax
of $15 for
the first
$1,000 in
gross sales, $20
for gross sales between
$1,000 -and $2,000 and
$5
per $1,000
over
$2,000 in.gross
sales
annmUy which is
state law maximum.
($
6(a $8,000
4@ 12,000
2@`)18,000
4@ 22,000
3@ 37,500
7@ 50,000
2@100,000
2@125,000
1@150,000
•1@175,000
I. A tax of $50 minimum for the first $25,01
$25,000 which is compromise offered by opera
16@$25,000 or less
3@$37,500
7@$50,000
2@$100,000
2@$125,000
1@$150,000
1@$175,000
$50) $ 300. (This pr
$70) 280 defeat(
$100) 200 Ordinar
$220) 480 record
$195) 585
$260) 1,820
$510) 10020
$635) 12270
$760) 760
$865) __865
$7,580
X) in gross beer sales and $2 per $1,000 oR gross sales over
;ors.
( $50)
( $75)
($too)
($200)-
($250) $200).($250)
($300)
($350)
$ 800
225
700
4.00
500
300
0
$3M370
.
I. A suggested compromise using state law minimum of $15 for the first $1,000 gross sales, $20 for
sales between $1,000 and $2,000, and $2 per $1,000 gross sales over $2,C00 instead of $5 per $1,000.
6
@
$ 8,000
($
32)
$ 192
4
@
$ 12,000
($
40)
160
2
@
$ 18,000
($
52)
104
4
9
$ 220000
($
60)
240
3
@
$379500
($
91)
273
asal was
in proposed
in voting
love)
Memo No.
(Contin
291
7
®
$ 50,000
($116)
812
2
®
$1009000 ?
($216)
432
2
®
$125,000
($266)
532
1
@
$150,000
($316) .
316
1
9
$175,000
($366)
355
$3,427
IV. A suggestion compromise using state law minimums of $15 for the first $1,000 of gross sales, $20
for gross sales between $1,000 and $2,000 and $3 per $1,000 over $2,000 in gross sales instead of
$5 per $1,000.
6 ® $ 8,000 ($ 38) $ 228
4 0 $rt2;00o _ ($ 50) 200
2 ® $ 18,000 ($ 68) 136
4 @ $ 22,000 ($ 80) 320
3 @ $ 37,500 ($125) 375
7 @ $ 50,000 ($164) 1,148
2 ® $1909000 ($314) 628
2 ® $125,000 ($389) 778
1 ® $1509000 ($464) 464
1 ® $175,000 ($539)
$4,81
You have noticed from the survey presented to you on license taxes in other Arkansas cities that several
charge the state law maximums and one $2 per $10000 over $2,000 gross. It is therefore not unusual for
cities to charge the state law maximums allowable. Fayetteville would not be the first city and dealers
in other cities are apparently able to determine and report gross sales from beer to the satisfaction of
city officials.
If the Board 1:6 to consider an alternative from the original proposed, I would suggest that it not be the
' alternative presented by the retail operators, but either III or IV. The reason for this is the question
nature of the $50 minimum for $25,000 gross sales in that it does not in any way comply with the syaye st
The entire ordinance might therefore be successfully challenged. Ordinances are prepared for your consid
ation on any of the alternatives.
Ordinance No..After another long discussion, the City Manager read a proposed ordinance entitled "AN ORDINANCE AMENDING
1614 SECTIONS 3-88 AND 3-90 OF THE FAYETTEVILLE CODE OF ORDINANCES TO INCREASE THE ANNUAL LICENSE TAX FOR RETA
I SELLING LIGHT WINES AND BEER, SPECIFYING INFORMATION TO BE PROVIDED IN SUCH PERSON'S APPLICATION FOR LICE
Director Christie moved that the Ordinance pass.
The motion was seconded by Director Melton and upon rolllcall the following vote was recorded: "Aye; Swa:
MbFerran, Melton, Christie, and Trumbo, "Nay", Kerlin and Dunn.
There being five "Ayes" and two "Nays", the Mayor declared that the Ordinance failed td p4ss on one
reading for lack of a unanimous', vote. '
Director McFerran then moved that the rule be suspended and that the Ordinance be placed on the se m nd
reading.
The motion was seconded by Director Swartz and upon roll call, the following vote was recorded: 1lAYE",
McFerran, Christie, Melton and Trumbo."Nay", Kerlinaand Dunn.
Therebeing five "Ayes" and two "Nays", the Mayor declared the motion passed.
The Ordinance was then read for'the second time.
Director McFerran moved that the rule be further suspended and that.the.0rdinanoedbe place on the third
final reading.
The motion was seconded by Director Swartz and upon roll call, the following vote was recorded: "Aye" S
McFerran, Melton, Christie, and Trumbo. "Nay", Kerlin and Dunn. There being five "Ayes and only two
"Naya", the Mayor declared the motion passed.
The Ordinance was then read for the third and %Asti time.
The Mayor then declared the -Ordinance open for discussion.
After a brief discussion, the Mayor asked the question,"Shall the Ordinance pass?"
Upon roll call, the following vote was recorded:"Aye"Swartz, McFerran, Christie, Melton and Trumbo. "N
Kerlinaand Dunn. There being five RA•yes" and only two"Nays", the Mayor declared the Ordinance passed.
ORDINANCE N0. 1614
,
AN ORDINANCE AMENDING SECTIONS 3-88 AND 3-90 OF THE FAYETTEVI'LLE CODE OF ORDINANCES TO INCREASE THE ANNUAL
LICENSE TAX FOR RETAIM SELLING LIGHT WINES AND BEER, SPECIFYING INFORMATION TO BE PROVIDED IN SUCH PERT!
APPLICATION FOR LICESE.
WHEREAS, it appears that Section 3-90(3) of the Fayetteville Code of Ordinances,the current license tax
ordinance of the City of Fayetteville, pertaining to licensing of retail dealers selling beer or light wine
within the City;^doea not impose the full amount of license tax authorized by Arkansas law (Ark. Stats Ai .
Sec. 48-516), and
WHEREAS, the Board of Directors desires to amend said Sec. 3-90 (3) to bring the tax into conformity
that authorized by law and to amend Sec. 3-88 of the Fayetteville Code of Ordinances to require applican
for such licenses to provide information as to annual gross sales in order to facilitate the collection
of said tax.
NOW, THEREFORE, BE IT ORDAINED BY T HE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS:
SECTION I. That Section 3-90 (3) of the Fayetteville Code of Ordinances is hereby amended to read as
follows:
Sec. 3-90 Tax.
' (3) For each retail dealer doing business within the city, fifteen dollars ($15.00) for a retailer
whose total gross annual sales does not exceed $1,000.00; twenty dollars ($20.00) for a retailer wjose
gross annual sales exceeds $10000.00 but does not exceed $2,000.00; and twenty dollars $20.00) for a
retailer whose total gross annual sales exceeds $2,000.00, plus an additional three dollars ($3.00) f
each $1,000.00 of gross annual sales in excess of $2,000.00.
SECTION 2. That Section 3-88 of the Fayetteville Code of Ordinances is hereby amended by adding the
following paragraph thereto:' ?
Sec.3-88.' Application
th
292
Not 1614
(Continu
Any person making application for a retail dealer's license shall state in the application the estimated
gross sales of beer and light wines for the year for which the license is sought and shall state the actu 1 gross
sales of beer and light wines for the preceeding year.
SECTION 3. That.this Ordinance shall be in full force aid effect from and after its passage, approval
PASSED AND APPROVED this 29th day of July, 1968.
ctor Christie moved that the Ordinance pass,
motionoas seconded by Director Kerlin and upon roll call, the following vote wasxecorded: "Aye",
tz, McFerram, Melton, Christie, Trumbo, and Dunn. "Nay's, None.
e being seven "Ayes" and no "Nays", the Mawr declared the Ordinance passed.
ORDINANCE N0, 1615
ORDINANCE ICCEPTING TERRITORY ANNEXED TO THE CITY OF FAYETTEVILLE, ARKANSAS,; ASSIGNING SAID TERRITORY
OTHER PURPOSES.
WHEREAS, the County Court of Washington County, Arkansas, did on June R_{!, 1968, make an order annexing
llowing described territory to the City of Fayetteville, Arkansas, to -wit:
TORY
WARDS,
A part of the Southeast Quarter of the Northeast Quarter of SeQtion Twelve (12), Township Sixteen(16)
North, Range Thirty -One (31) West, being more particularly described as follows, to -wit: Beginning
at a point on the West line of said Forty Acre tract which is Two Hundred Sixty-seven (267) feet
North of the Southwest Corner of said Forty acre tract, a8d running thence East three hundred
seventy-three .fand one-tenth (373.1)•feet, thence South 0 101 East Two Hundred Sixty-seven (267)
feet to the South line of said Forty acre tract, thence East two hundred fifty-three and six -tenths
(253.6) feet, thence North 0 251 East along an existing fence line Five Hundred Seven and one-tenth
(507.1) feet, thence West Six Hugdred Thirty-two and one-tenth (632.1)feet to the West line of said
Forty acre tract, thence South 0 101 East two.hundred thiftty-nine and eight -tenths (239.8) feet
to the point of beginning, containing Five and five -hundredths (5.05) acres, more or less.
and
A part of the Southeast Quarter of the Northeast Quarter of Section Twelve (12), Township Sixteen
(16) North, Range Thirty-one (31) West, being moreparticularly described as follows, to -wit:
Beginning at a point on the South line of said Forty acre tract which is Six Hundred Twenty-six a
seven -tenths (626.7) feet East of the Southwest Corner of said Forty acre tract and lying at a Po
on the center line of Highway 16 West, thence Northo0 25' East along an existing fence line Foub
Hundred (400) feet more or less to a hedge line, thence East along said hedge line Six Hundred
Seventy-two and eight -tenths (672.8) feet, more or less to the East line of said Forty acre tract
thence South along said line.Three Hundred Fifty-six and forty-four hundredths (356.44) feet, the
West Three Hundred Thirteen.and Sixty-two hundredths (313.62) feet, thence South Forty-three and
Fifty-six hundredths (43.56) feet to the center line of Highway 16 West, thence Westfdollowing th
center line of said Highway to the place of beginning, containing Six (6) acres, more or less.
WHEREAS, the County Clerk of Washington County,;_ Arkansas, has forwarded a transcript of
proceedings to the Board of Directors of the City of Fayetteville, Arkansas, and
WHEREAS, more than 30 days have elapsed since the date of said order and no proceedings has
instituted in the Circuit Court to prevent said annexation and no notiob thereof has been give as
required by law.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF AYETTEVILLE, ARKANSI
SECTION 1. That annexation of the above-described territory to the corporate limits of the
City of Fayetteville, Arkansas, be and the same is hereby accented, and all of saidterritory is
hereby assigned to and made a part of Ward fA of the City of Fayetteville, Arkansas.
SECTION 2. This ordinance shall be in full force and effect from and after its passage,
approval and publication.
PASSED AND APPROVED THIS E9th day of July, 1968.
APPROVED:
ATTEST o (/�`H-� • � �i „��
DON TRUMBO, MAYOR
GEDRU J AVIS, CITY CLERK
" ug auThe City Manager submitted a proposed budget for the Water & Sewer Department for the year 1968-69.
for Director Kerlin moved to approve the 196849 Water & Sewer Funds Annual Operating Budget & Work rogram
Water & as submitted by.the City Manager,
Sewer
Dept.
The motion was seconded by .Director McFerran and passed unanimously.
,
1968-69 There being no fu¢ther business, Director'McFerran moved to adjourn.
The motion was s sconded by Director Melton and passed unanimously. Whereupon the'Mayor declared the me
adjourned.
APPROVED: oil
ATTEST: DON TRUMBO;f4AYOR
GEORGE 4Yo DVnS, UTY CLERK
been
APPROVED:
ATTEST:: DON TRUMB02 NAY01R
i
GEORG VIS, CITY CLERK
Or
Ordinance
nay
The City Attorney introduced and, at the request of the Mayor read a proposed ordinance in its entirety
No
`entitled,"AN ORDINANCE ACCEPTING TERRITORY ANNEXED TO THE CITY OF FAYETTEVILLE, ARKANSAS; ASSIGNING SAID
ATO
WARDS, AND FOR OTHER PURPOSES."
ctor Christie moved that the Ordinance pass,
motionoas seconded by Director Kerlin and upon roll call, the following vote wasxecorded: "Aye",
tz, McFerram, Melton, Christie, Trumbo, and Dunn. "Nay's, None.
e being seven "Ayes" and no "Nays", the Mawr declared the Ordinance passed.
ORDINANCE N0, 1615
ORDINANCE ICCEPTING TERRITORY ANNEXED TO THE CITY OF FAYETTEVILLE, ARKANSAS,; ASSIGNING SAID TERRITORY
OTHER PURPOSES.
WHEREAS, the County Court of Washington County, Arkansas, did on June R_{!, 1968, make an order annexing
llowing described territory to the City of Fayetteville, Arkansas, to -wit:
TORY
WARDS,
A part of the Southeast Quarter of the Northeast Quarter of SeQtion Twelve (12), Township Sixteen(16)
North, Range Thirty -One (31) West, being more particularly described as follows, to -wit: Beginning
at a point on the West line of said Forty Acre tract which is Two Hundred Sixty-seven (267) feet
North of the Southwest Corner of said Forty acre tract, a8d running thence East three hundred
seventy-three .fand one-tenth (373.1)•feet, thence South 0 101 East Two Hundred Sixty-seven (267)
feet to the South line of said Forty acre tract, thence East two hundred fifty-three and six -tenths
(253.6) feet, thence North 0 251 East along an existing fence line Five Hundred Seven and one-tenth
(507.1) feet, thence West Six Hugdred Thirty-two and one-tenth (632.1)feet to the West line of said
Forty acre tract, thence South 0 101 East two.hundred thiftty-nine and eight -tenths (239.8) feet
to the point of beginning, containing Five and five -hundredths (5.05) acres, more or less.
and
A part of the Southeast Quarter of the Northeast Quarter of Section Twelve (12), Township Sixteen
(16) North, Range Thirty-one (31) West, being moreparticularly described as follows, to -wit:
Beginning at a point on the South line of said Forty acre tract which is Six Hundred Twenty-six a
seven -tenths (626.7) feet East of the Southwest Corner of said Forty acre tract and lying at a Po
on the center line of Highway 16 West, thence Northo0 25' East along an existing fence line Foub
Hundred (400) feet more or less to a hedge line, thence East along said hedge line Six Hundred
Seventy-two and eight -tenths (672.8) feet, more or less to the East line of said Forty acre tract
thence South along said line.Three Hundred Fifty-six and forty-four hundredths (356.44) feet, the
West Three Hundred Thirteen.and Sixty-two hundredths (313.62) feet, thence South Forty-three and
Fifty-six hundredths (43.56) feet to the center line of Highway 16 West, thence Westfdollowing th
center line of said Highway to the place of beginning, containing Six (6) acres, more or less.
WHEREAS, the County Clerk of Washington County,;_ Arkansas, has forwarded a transcript of
proceedings to the Board of Directors of the City of Fayetteville, Arkansas, and
WHEREAS, more than 30 days have elapsed since the date of said order and no proceedings has
instituted in the Circuit Court to prevent said annexation and no notiob thereof has been give as
required by law.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF AYETTEVILLE, ARKANSI
SECTION 1. That annexation of the above-described territory to the corporate limits of the
City of Fayetteville, Arkansas, be and the same is hereby accented, and all of saidterritory is
hereby assigned to and made a part of Ward fA of the City of Fayetteville, Arkansas.
SECTION 2. This ordinance shall be in full force and effect from and after its passage,
approval and publication.
PASSED AND APPROVED THIS E9th day of July, 1968.
APPROVED:
ATTEST o (/�`H-� • � �i „��
DON TRUMBO, MAYOR
GEDRU J AVIS, CITY CLERK
" ug auThe City Manager submitted a proposed budget for the Water & Sewer Department for the year 1968-69.
for Director Kerlin moved to approve the 196849 Water & Sewer Funds Annual Operating Budget & Work rogram
Water & as submitted by.the City Manager,
Sewer
Dept.
The motion was seconded by .Director McFerran and passed unanimously.
,
1968-69 There being no fu¢ther business, Director'McFerran moved to adjourn.
The motion was s sconded by Director Melton and passed unanimously. Whereupon the'Mayor declared the me
adjourned.
APPROVED: oil
ATTEST: DON TRUMBO;f4AYOR
GEORGE 4Yo DVnS, UTY CLERK
been