HomeMy WebLinkAbout1976-06-22 MinutesMINUTES OF A SPECIAL MEETING OF THE BOARD OF DIRECTORS
June 22, 1976
The Board of Directors of the City of Fayetteville, Arkansas, met in a
special session on June 22, 1976, at 7:30 p.m., in the Directors' Room
of the City Administration Building.
PRESENT: City Attorney Jim McCord; City Clerk Darlene Westbrook;
Directors Marion Orton, Ernest Lancaster, John Todd, Paul Noland,
Al Hughes, Russell Purdy, and Morris Collier.
ABSENT: City Manager Donald Grimes, Administrative Aide David McWethy
OTHERS PRESENT: Representatives of the news media.
CALL TO ORDER
202.1 The meeting was called to order by Mayor Orton. Following roll call,
the Mayor explained the purpose of the meeting as being to consider an
ordinance amending the amount of franchise tax to be paid by the South-
western Bell Telephone Company, and an ordinance clarifying the amount of
occupation tax payable to the City by professional employers.
ORDINANCE AMENDING FRANCHISE TAX - Southwestern Bell Telephone Company
202.2 The City Attorney read an ordinance amending Section 1 of Ordinance
2239 to clarify the annual franchise taxes payable to the City by South-
western Bell Telephone Company.
202.3 Director Noland, seconded by Lancaster, moved rules be suspended and
the ordinance placed on second reading. The recorded roll call vote of the
Board was:
"Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier
"Nays": None
The motion was declared passed and the ordinance was read the second time.
202.4 Director Purdy, seconded by Collier, moved rules be further suspended
and the ordinance placed on third and final reading. The recorded roll call
vote of the Board was:
"Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier
"Nays": None
The motion was declared passed and the ordinance was read the third and
final time.
202.5 In response to question from the Board, the City Attorney stated that
the intent of the ordinance was that the telephone company would repay an
amount of $18,750 (the difference in the $54,250 actual receipts for 1976
and the approved $75,000 amount) as quickly as possible and within three
years, based upon the number of telephones in service at the end of 1976.
202.6 The Mayor asked if the ordinance should pass. The recorded roll call
vote of the Board was:
"Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier
"Nays": None
The Mayor declared the ordinance passed.
ORDINANCE NO. 2244 APPEARS ON PAGE /2170F ORDINANCE & RESOLUTION BOOK V
202
ORDINANCE AMENDING ORDINANCE 2230
The City Attorney explained that confusion had occurred in regard
to the amount of employer tax a professional is to pay. He said the
ballot question indicated that professionals would pay the professional
tax of $50 plus $6 per employee. He read an ordinance which would
clarify the occupation tax payable by a professional employer.
Director Lancaster, seconded by Noland, moved rules be suspended and 203.2
the ordinance placed on second reading. The roll call vote of the Board
was:
"Ayes": Lancaster, Todd, Noland, Orton, Purdy, Collier
"Nays": Hughes
t[3 The Mayor declared the motion passed.
During discussion, the Board discussed the amount of tax due from an 203.3
t- employer whose employee had paid an occupation tax in their own right.
Director Hughes believed that an employer should not be required to pay
an employee tax on an employee who might have paid a tax as a self-employed
CO person. Following discussion, Director Todd , seconded by Hughes, moved
the ordinance be amended to stipulate that any person paying an occupation
tax as required by Section 2 of Ordinance 2230 shall not be considered an
employee. The recorded roll call vote of the Board was:
"Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier
"Nays": None
The motion was declared passed.
The City Attorney then read the ordinance the second time. Director 203.4
Purdy, seconded by Collier, moved rules be further suspended and the ordinance
placed on third and final reading. The recorded roll call vote of the Board
was:
"Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier
"Nays": None
The motion was declared passed and the ordinance was read the third and final
time.
The Mayor asked if the ordinance should pass. The recorded roll call 203.5
vote of the Board was:
"Ayes": Lancaster, Todd, Noland, Hughes, Orton, Purdy, Collier
"Nays": None
The Mayor declared the ordinance passed.
ORDINANCE NO. 2245 APPEARS ON PAGE /0280F ORDINANCE & RESOLUTION BOOK V
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203
203.1
SIGN SETBACK VARIANCE - Lafayette/College Avenue
City Attorney McCord referred to the last regular meeting during which 203.6
the Board discussed the granting of a variance in setback for a sign located
on the northeast corner of the Lafayette/College Avenue intersection. Upon
the Board's instructions, he reported he had met with the service station
operator, Dave Tackett, and that an agreeable solution had been reached.
McCord stated that Mr. Tackett and Citgo Oil Company had agreed to place 203.7
the sign on an existing light standard between the existing two gas pumps
facing College Avenue about twelve feet from College Avenue right-of-way
and 40 feet from Lafayette Street. He stated he had researched validity of
temporary variances and reported that cases existed where temporary variances
were upheld.
203
204.1 Director Lancaster moved the variance be approved on a temporary basis
to allow the sign to be placed as described by the City Attorney. Further,
that the sign be required to conform with any existing sign ordinance in
effect in the year 1980. The motion was seconded by Purdy and the roll call
vote was:
"Ayes": Lancaster, Todd, Noland, Hughes, Orotn, Purdy, Collier
"Nays": None
The motion was declared passed.
ADJOURNMENT
204.2 There being no further business for the Board's consideration, the
Mayor declared the meeting adjourned.
ATTEST:
4
D RLENE WESTBROOK, City Clerk
204
APPROVED:
2tt atee7,i/?, a
MARION R. ORTOON, Mayor