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"� �
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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
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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
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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
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Intends and teeMare will net M ademret- ------ 19----- ----�-
RReolyd by the abandonrnenr ed maid
and the fourth insertion on the day of ___-_-_._--.----. 19---_----.
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POARD OF v OF '7r`F&,TORa
The
1 "rata, ko �
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.es bhM lived - _. �__ __ .-----_ONiLQ
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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 __- ....-.---_.._-
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W40W most cr M thaha les,e 'atM i
wnbeune N
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t ties proper
N d ptF. Total ----_.._---.
dend.tmp ba
us
(y� kid aRpy-
5 1 Fta O1tiMnp
- v Olaf! Il be
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.molded al iM peed
nl ' ye At r 1"PI
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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
