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HomeMy WebLinkAboutOrdinance 1952 FILED FOR RECORD 13 OCT 19 PH 2: 43 ORDINANCE NO . J9.�'2 WASWNGTON COUNTY ARtiANSAS ALMA KOLLMEYER AN ORDINANCE VACATING AND ABANDONING AN ALLE1G1eLYtICLLDGFE SOUTH OF SOUTH GARLAND AT THE DEAD END ON CATO SPRINGS ROAD IN THE CITY OF FAYETTEVILLE , ARKANSAS . WHEREAS , a Petition was duly filed with the Board of Directors of the City of Fayetteville , Arkansas on the 12th day of February , 1973 , asking the Board of Directors to vacate and abandon the following described alley in the City of Fay - etteville , Arkansas , to -wit : A Two Hundred Ten ( 210 ) foot alley due south of South Garland at the dead end on Cato Springs Road . This alley lying east of Lot 1 owned by Orval Carnes and which is between , and West of property owned by EaTvel E . Fraley and Carolyn Jean Fraley , which is further described as follows : A part of the NWh of the NW; of Section 28 in Township Sixteen ( 16 ) North of Range Thirty ( 30 ) West , described as follows , to - wit : Beginning at the Northwest (NW) corner of said forty ( 40 ) acre tract , and running thence east One Hundred ( 100 ) feet , thence south to the centerline of the branch , thence in a southwesterly direction along the centerline of the branch to a point due south of the beginning point , thence north five hundred fifteen feet ( 515 ) , more or less to the point of beginning , less and except that portion of the north side embraced in Cato Springs Road . WHEREAS , after due notice as required by law , the Board of Directors has ascertained that the alley hereinabove des - cribed has heretofore been dedicated to the public use ; has never been used by the public ; that all of the owners of the property adjoining and abutting upon the alley to be vacated has consented to this abandonment , and that the public inter - est and welfare will not be adversely affected by the aband - onment of said alley . NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . The City of Fayetteville , Arkansas , hereby releases , vacates , and abandons all its rights , together with the right of the public generally , subject to the reservation CEEC 8 "S PAGE-927 DO ATE OCT REAL"� � ti of existing sewer and utility easements in and to the alley , described as follows , to - wit : A Two Hundred Ten ( 210 ) foot alley due south of South Garland at the dead end on Cato Springs Road . This alley lying east of Lot 1 owned by Orval Carnes and which is between , and West of property owned by Earvel E . Fraley and Carolyn Jean Fraley , which is further described as follows : A part of the NW; of the NW', of Section 28 in Township Sixteen ( 16 ) North of Range Thirty ( 30 ) West , described as follows , to - wit : Beginning at the Northwest (NW) corner of said forty ( 40 ) acre tract , and running thence east One Hundred ( 100 ) feet , thence south to the centerline of the branch , thence in a southwesterly direction along the centerline of the branch to a point due south of the beginning point , thence north five hundred fifteen ( 515 ) feet , more or less to the point of beginning , less and except that portion of the north side embraced in Cato Springs Road . Section 2 . That said alley shall become the property of the abutting property owners subject to the reservation of exist - ing sewer and utility easements in and to said alley . Section 3 . A copy of this ordinance certified by the City Clerk shall be filed in the Office of the Recorder of this County and recorded in the Deed of Records of the County . Section 4 . This ordinance shall be in full force and effect from and after its passage , approval and publication . PASSED AND APPROVED THIS DAY OF QGTDhG✓ 1973 . APPROVED : v , ATTEST : DEED � � PAGE 928 - ; �ji . S f ; SEP 27 Ptei Be. Ola "i;.r Trn! CC : PiTY ORDINANCE NO . AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE NO . 2021 ( SECTION 12 - 2 OF THE FAYETTEVILLE CODE OF ORDINANCES ) ; TO AUTHORIZE THE CITY MANAGER TO ORDER THE OWNER OF ANY RESI - DENTIAL BUILDING , STRUCTURE , OR PROPERTY UTILIZED IN VIOLATION OF SECTION 306 . 4 OF THE CITY HOUSING CODE TO TAKE SUCH ACTION AS IS NECESSARY TO CORRECT SAID VIOLATION ; AND FOR OTHER PURPOSES . BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : That Section 2 of Ordinance No . 2021 ( Section 12 - 2 of the Fayetteville Code of Ordinances ) is hereby amended by adding the following : Section 306 . 4 is hereby amended by the addition of the following material : ( c ) If the owner or occupant of a residential building , structure , or property utilizes the premises of such resi - dential property in violation of Subsection ( a ) above , the City Manager , or his duly authorized representative , shall give the owner of the property written notice to correct the violation within twenty daus from the date of said notice . In case the owner of any lot or other real property is un- known or his whereabouts are not known or he is a non- resi - dnet of this state , then a copy of the written notice herein- above referred to , shall be posted upon the premises . It shall be unlawful for any person to fail to refuse to comply with any notice given pursuant to this section . (d ) If the conditions described in the notice given pursuant to subparagraph ( c ) above are not removed or corrected within twenty days after such notice is given , a summons to appear in Municipal Court will be issued , and the Municipal Judge shall hear the case . After said hearing , the Municipal Judge may order the City Manager , or his duly appointed representative , to enter upon the property to do whatever is necessary to correct or remove the conditions described in the aforesaid notice , if the Court determines that such action is necessary to abate said conditions . ( e ) when a condition existing on private property is corrected by or under the direction of the City Manager , or his duly authorized representative , pursuant to subparagraph ( d ) above , the costs thereof shall be charged to the owner of the property and the City shall have a lien against the property for such costs . Such lien may be enforced within eighteen months after work has been done by an action in the chancery court . Before any action to enforce such lien shall b�Q! had n Diiu 874 P.,Gi. 90 the City Clerk shall make an affidavit setting out the facts as to unknown address or whereabouts or nonresidence , and therupon service as now provided for by law against non- resident defendants , may be had and an attorney ad litem shall be appointed to notify defendant by registered letter addressed to his last known place of residence if same can be found . Section 2 . That all ordinances and resolutions , or parts thereof , in conflict herewith be , and hereby are , repealed . Section 3 . It is hereby determined by the Board of Directors of the City of Fayetteville , Arkansas , that the City Housing Code does not provide a procedure whereby the City may abate conditions prohibited by Section 306 . 4 of said code and that such a procedure is necessary to protect the public health and safety . Therefore , an emergency is hereby declared to exist and this ordinance being necessary for the immediate protection of the public health , safety , and welfare shall take effect immediately after its passage and approval . PASSED AND APPROVED THIS DAY OF 1974 . APPROVED : /t ''• MAYOR FATTEST : ��i CITY CLERK ��E6 87 CERTIFICATE STATE OF ARKANSAS CITY OF FAYETTEVILLE I , HELEN YOUNG , City Clerk within and for the City of Fayetteville , Arkansas , do hereby certify that the annexed and foregoing is a true and correct copy of the Fayetteville , Arkansas , Ordinance No . 1952 therein set forth , and the same is as it appears of Record in Ordinance g Resolution Book , Volume III at Page 226 & thereof . IN WITNESS WHEREOF , I have hereunto set my hand and affixed my official seal this 19th day of October 19 73 ITY CLE w.. DEED 85b PAGE929 CERTIFICATE OF RECORD STATE OF ARKANSAS - SS. Washington County I I, Alma L. Kellmeyer, Circuit Clerk and Ex-Officio Recorder for WashinCtcn County, do hereby certify that the annexed or fore- Cein„ inc.rulaent was filed for record in my office on theLgday, of �•t.�_1,37�j"� t�.741¢3ork Drd, and the same is duly r :c : rae<I in Xxy record 8%7z-at page 6 a 7 Wien ss .. .y i :a• id and seaaLitLYffl a �19-y` Circuit CI-erlk and BY 4-u.i_ eputy Clerk OF RECORD ;; 1 1 SS L . irir; � e 1'e .`. v, t _e .. ' - 't' „�. ,. w ; r;lerk and A .i . `f .-, t't_.�tr�yeftcville, or .- -. is mY Of, e i.; .. ' or Dears in Clr;li_ience :?'d i'-e saneD a _ R-solati:rt mat paSe ; handdseal this Ivitness my of., City Clerk and Recorder -Officio— STATE of ARKANSAS sa. County of Washington G Pb /er of THE � , hereby certify that I am the uch NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class mailing privilege, and being not leas than four pages of five columns each, published at a fixed place of business and at filed a fixed (daily ) intervals continuously in the City of Fayetteville, County of c. sof the II Washington, Arkansas for more than a period of twelve months, circulated . the 1y-dA' -- 4 the BMM of and distributed from an established place of business to subscribers and icy in this Its. Id readers generally of all classes In the Cit & Count for a definite I an in this Cts. et Y Y Price for "sas, RI each copy, or a fixed price per annum, which e,-n +n TN (mm tael auey price was [iced at what fe .)um Gwand at the dead considered the value of the publication, based upon the news value and on ate apron. d. ante atter service value it contains, that at least flit "a -of LFt a Floe. by onmi Y percent of the subscribers - In and whildt is beteeen, and went thereto have paid cash for their subscriptions to the newspaper or its agents "Mr, assumed by Eareel E. Fra- „ and Carol" Jean }Paley. vbkit is or through recognized news dealers over a period of at least six months ; -.then MMI or reNows: A I+red and that the said newspaper publishes an average of more than fort \II a the vain of tletdiun , Y percent .r,,.„ -.,�r, e ' )po^m,(fIII-Ineree a news matter. \ ' th.e.e raw mr- I further certify that the legal notice hereto attached in the matter of Rore tears, and , .. Hundred 11001 the renterone .nil --�.1..'�:- 5�-------------- -----__ _ e was published in the regular daily issue of said newspaper for----- ------_---. . de consecutive insertions as follows : dLjp mire e• equ red I or Directors has as- The tire[ Insertion on the .... %Z) . day of rI allev hutoInalmove i tao r bac NrctotoR Men dedMed et othr)e me: las never been used by the second insertion on the __ da of - puMle: alai all or the evens of __--__ y __--__-__ 19-----...--_ peFpermv a H and almhurt cou anon .no •Iles ^n ^"ted Ins he InItile the third insertion on the ...___ day of ___-_------._. to Ind aanndaaym and Rat efie aurum ----- Intends and teeMare will net M ademret- ------ 19----- ----�- RReolyd by the abandonrnenr ed maid and the fourth insertion on the day of ___-_-_._--.----. 19---_----. ^.vBOsr.RD ins D IgArOa - POARD OF v OF '7r`F&,TORa The 1 "rata, ko � �� aka 09 Sworn to and subscribed before me on this _ ( _ V , and th s,�y1 tsn a r ---- 1------ da7 of .= .aadh 'or 4era ¢ aW ��enta .a ane of �tim7e ..;.nw, in e t Y.� 23 ed 'r^n ,-qo. rot ass _..---------------- - - - -- ----- 19-- Ar south cariand st go ,r Cato sprats Road ThO eaRl yafl, t .also by .es bhM lived - _. �__ __ .-----_ONiLQ roomy Ftr� K/ rd ry >rTe,4 niq. No blfc A - hit Ai ""0”: '^ r .,r, „t ��°,.. 'ate Commission Expires : I. n . mr, rrtonrc re trecdreg -ani M ^ a a Andra. bn c u�y�� fib tl, lin In n,�upA, Me ,e ^,n,.h Of Fees for Printing Brea fif ^r to the pin, .i runs. I s . man Cost of Proof __- ....-.---_.._- ...--._-.. -------- W40W most cr M thaha les,e 'atM i wnbeune N 't Y t ties proper N d ptF. Total ----_.._---. dend.tmp ba us (y� kid aRpy- 5 1 Fta O1tiMnp - v Olaf! Il be It I u. -or .Y► RoWdl of .molded al iM peed nl ' ye At r 1"PI .., t atter Ghali he w ro 1 ,. And - Iand ever is nonuser s -rer,lipr'm�e� and untarmNen. PARaIaD ANI) APPROVED Tina ISM DAY OF r1n"I III nPPRo1F.r ' R,atell T. I\trot. W%w ATra_wl Helen young. RW Curtis ler 10