HomeMy WebLinkAboutOrdinance 2173 ORDINANCE NO * c211 v
'75 DEC — 9 Pio 2 ' i I
AN ORDINANCE AUTHORIZING AND DIRECTING THEAGE,A _
TO ABATE UNSIGHTLY , UNSANITARY AND UNSAFE CONDITIONSfi ST'iky
ON CERTAIN PROPERTY LOCATED AT THE SOUTHWEST CORNE&j,Q 0 *7YE<
INTERSECTION OF WEST DICKSON STREET AND WEST AVENUEIRINfT4 RIS
CITY OF FAYETTEVILLE , ARKANSAS ,
WHEREAS , Tom Pearson , Jr . and Cy Carney , Jr . are the owners
of certain property located at the Southwest corner of the inter -
section of West Dickson Street and West Avenue , and more par-
ticularly described in Exhibit "A " attached hereto and made a
part hereof ; and
WHEREAS , in March of 1975 a fire destroyed the major
portion of commercial buildings then located on said property ;
and
WHEREAS , the ruins and remaining portion of said commercial
buildings are unsightly , unsanitary , unsafe , and detrimental to
the public health ; and
WHEREAS , the owners of the aforesaid property , after having
been given well over twenty ( 20 ) days notice to do so , have
neglected and refused to remove , abate , or eliminate said un-
sightly , unsanitary , and unsafe conditions ,
NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS
OF THE CITY OF FAYETTEVILLE , ARKANSAS :
Section 1 . That under the authority of Ark . Stat . 19 - 2803 ,
Ark , Stat . 19 - 2325 - 19 - 2328 , and Sec . 11- 1- 11- 3 of the Fayetteville
Code of Ordinances , the City Manager , or his duly authorized
representative , is hereby authorized and directed to raze ,
remove , and do whatever is necessary to correct the unsightly ,
unsanitary , and unsafe conditions on the property owned by
Tom Pearson , Jr . and Cy Carney , Jr . at the Southwest corner of the
intersection of West Dickson Street and West ' Avenue , and more
particularly described in Exhibit " A" attached hereto and made
a part hereof ,
Section 2 . That the City Manager is hereby authorized and
directed to charge the cost of correcting said conditions to the
owners of said property ; and under the authority of Ark . Stat .
19 - 2326 and Section 11- 3 of the Fayetteville Code of Ordinances ,
the City of Fayetteville shall have a lien against the aforesaid
property for such costs .
Section 3 . That the City Attorney is hereby authorized to
enforce the aforesaid lien within eighteen ( 18 ) months after
work has been done by action in the Washington County Chancery
Court .
Section 4 . The Board of Directors hereby determines that
the conditions existing on the aforesaid property are unsightly ,
unsanitary , unsafe , and detrimental to the public health , and
further determines that unless the provisions of this ordinance
are put into effect immediately , the public health , safety and
welfare of the people of Fayetteville will be adversely affected ,
Therefore , an emergency is hereby declared to exist , and this
ordinance being necessary for the public health , safety and
welfare , shall be in full force and effect from and after its
passage and approval .
PASSED AND APPROVED THIS � DAY OF . 1975 .
APPROVED :
' v. ' ♦ : . r ` MAYOR
i�%MEST i. '.
898 96
� ."CLERK CLERK MfCROFILMFD.
' , CTTY
DATE OCT 1 e
,, ,
EXHIBIT "A "
A part of Lot One ( 1 ) in Block Seven ( 7 ) in the original plat
of the Town ( now City) of Fayetteville , described as follows :
Beginning at a point which is forty-one and one-half ( 42 - 1/ 2 )
feet South and three hundred sixty ( 360 ) feet and nine ( 9 ) inches
East of the Northwest corner of the Southwest Quarter ( SE- 1/4 )
of the Northeast Quarter (NE- 1/ 4 ) of Section Sixteen ( 16 ) , in
Township Sixteen ( 16 ) North , Range Thirty ( 30 ) West , said point
being the Northeast corner of said Block 7 as now located , and
running thence South one hundred ( 100 ) feet to a twenty foot
alley running East and West ; thence West with the North line of
said alley to the East line of the right of way of the St . Louis -
San Francisco Railroad ; thence North with the East line of said
right of way to a point on the North line of said lot due West
of the beginning point ; thence East eight- five ( 85 ) feet to the
place of beginning .
ALSO , part of Lot Three ( 3 ) in Block Seven ( 7 ) of the original
Town ( now City ) of Fayetteville , Arkansas , more particularly
described as follows , to-wit : Beginning two hundred seventy-six
and seventy-five hundredths ( 276. 75 ) feet North of the Southeast
corner of said Lot Three ( 3 ) , Block Seven ( 7 ) ; thence West one
hundred twenty- five ( 125 ) feet ; thence South eleven and seventy -
five hundredths ( 11 . 75 ) feet ; thence East one hundred twenty-five
( 125 ) feet ; thence North eleven and seventy - five hundredths
( 11 . 75 ) feet to the place of beginning . Subject to an easement for
right of way over and across said tract .
ALSO', part of Lot One ( 1 ) in Block Seven ( 7 ) in the Town ( now
City ) of Fayetteville , being more particularly described as
follows , to-wit : Beginning at a point which is one hundred twenty
( 120 ) feet South of the Northeast corner of said Block Seven ( 7 )
as designated on the original plat of the Town of Fayetteville and
running thence South one hundred fifty-nine ( 159 ) feet and three
( 3 ) inches to the Southeast corner of said Lot 1 ; thence West
ninety-nine ( 99 ) feet ; thence North twenty-two ( 22 ) feet ; thence
West eighteen ( 18 ) feet ; thence North one hundred seventeen ( 117 )
feet to the East line of the right of way of St . Louis & San Francisco
Railroad Company ; thence North bearing East with the East line of
said right of way to a point due West of the beginning point ;
thence East to the place of beginning , in the County of Washington
and State of Arkansas .
�: , $98 197
r
NOTICE OF LIEN
Notice is hereby given that the City of Fayetteville ,
Arkansas , a municipal corporation , holds a lien against the
following described property under the authority of Ark . Stat .
19 - 2803 , Ark . Stats . 19 - 2325 - 19 - 2328 , Fayetteville Code of
I Ordinances Sections 11- 1 - 11- 3 , and Fayetteville City Or -
dinance Number 2173 :
A part of Lot One ( 1 ) in Block Seven ( 7 ) in the original
plat of the Town ( now City ) of Fayetteville , described as
follows : Beginning at a point which is forty -one and
one half ( 41- 1/2 ) feet South and three hundred sixty ( 360 )
feet and nine ( 9 ) inches East of the Northwest corner of
the Southwest Quarter ( SW- 1/ 4 ) of the Northeast. Quarter
( NE- 1/ 4 ) of Section Sixteen ( 16 ) , in Township Sixteen
( 16 ) North , Range Thirty ( 30 ) :est , said point being
the Northeast corner of said Block 7 as now located , and
running thence South one hundred ( 100 ) feet to a twenty
( 20 ) foot alley running East and West ; thence hest with
the North line of said alley to the hast line of the right-
of-way of the St . Louis -San Francisco Railroad ; thence North
with the East line of said right -of -way to a point on the
North line of said . lot due :';est of the beginning point ;
thence East eighty - five ( 85 ) feet to the place of
beginning .
ALSO , part of Lot Three ( 3 ) in Block Seven ( 01 ) of the
original 'Town ( now City) of Fayetteville , Arkansas i :ore
particularly described as follows , to -wit : Beginning two
hundred seventy- six and seventy -- five hundredths ( 270 . 75 )
feet North of the Southeast corner of said Lot Three ( 3 ) ,.
Block Seven ( 7 ) ; thence West one hundred twenty - five ( 125 )
feet ; thence South eleven and seventy- five ( 11 . 75 ) feet ;
thence East One hundred Twenty - five ( .125 ) feet ; thence North
Eleven and seventy- five hundredths ( 11 . 75 ) feet to the
place of beginning . Subject to an easement for right of
way over and across said land .
ALSO , part of Lot One ( 1 ) in Block Seven ( 7 ) in the
Town ( now City ) of Fayetteville , being more particularly
described as follo.:s , to -wit : Beginning at a point which
is one hundred tc•;enty ( 120 ) feet South of the Northeast
corner of said Block Seven ( 7 ) as designated on the ori -
ginal plat of the Town of Fayetteville and running thence
South one hundred fifty-nine ( 159 ) feet and three ( 3 )
inches to the Southea S 't corner of said lot 1 ; thence i1Tes -i.
ninety-nine ( 99 ) f(-' e'er ; thence North L'wL=ntv' two ( 22 ) feet ;
thence West eighteen ( 18 ) feet ; thence North one hundred
seventeen ( 11 7 ) feet to the East line of the right of
way of St . Louis & San Francisco Railroad Company ; thence
North bearing East with the Ease: line of said right of way
to a point due West of the beginning poir_t ; thence East
to the place of: beginning , in the County of Clashing{ton
and State of Arkansas .
The amount of the lien held by the City of Fayettevll. lC , /
ArkaYlsas Un the above dt' scrihed prcperty under alitC.ority o:l:
NOTICE OF LIEN
the aforesaid Arkansas Statutes and city ordinances is as
follor:s :
Materials $ 182 . 70
Labor 11648 . 60
Equipment 1 , 481 . 8 £
Total $ 31313 . 18
Donald L , Grimes , City Manager
ACY,NOWLE D G.74E NT
STATE OF P_RK?iNSAS )
) SS
COUNTY OF VIASHINGTON )
Now on this -•A-(day of1976 , came
before
we , the undersigned Notary Public within and for the afore -
said County and State , Donald L . Grimes , known to me to be
the City Manager of the City of Fayetteville , Arkansas , a
municipal corporation , and stated that he had executed the
foregoing instrur.+e:nt for the considera.cion and purposes
therein mentioned and set forth .
i7itress my hand and seal this
1976 .
✓1:� ,��r_; �e� � i•. _�_,x. li., �:'. .
Notary ? l: ni c —_
_My Commission Expires :
i
i
I
I
CERTIFICATE
STATE OF ARKANSAS )
CITY OF FAYETTEVILLE )
I , DARLENE WESTBROOK, City Clerk within and for the City of
Fayetteville , Arkansas , do hereby certify that the annexed and
foregoing iso�(( a true and correct copy of the Fayetteville ,
Arkansaas , ui - �A x PA� a 73 , therein set forth ,
and tiie same is as it appears of Record in
lj g� Volume
at Page zj thereof .
IN WITNESS WHEREOF , I !-.ave hereunto l
set my hend and affixedmyofficial
seal this
�rsl day of
1 19
4 /
; t ( S.If. : AL )
CITY CLERK
898 x.98
t
i
CERTIFICATE OF RECORD
Vate Qf Arlansas ( SS
City of Ptlyeti -wide
C�R� ) � 1
I. S:1 -anne C. Ke:ineay, City Clerk
' ) CAH OF RECORD E = '>f:i io recor..er for the Citv of F;tyett
STATE OF ARKANSAS ) do 112 'eby certify that the a:mc:•:ea ur
Washington County ) SS' A"ii "` is of rr;o;d in my office •;1 the s::-.t
I, Alma L. Kollm6ycr,'C,rcmt Clerk and Ex Pears iii - O;dinaace a Re;;>:;ttion ',an .
Washington County, do hereey Officio Recorder for V
golf i strument teas filled for recoP�� that the annexed o fore• —'lt P t=te � ��✓itncs-
o! mycfficeonthe day hand and seal this —__
dtt1Y, recorde'din +I M, and the same i
lWGSS my hand anU seyi this t7��cord at paga (Q ._ _
h dORA��} 19�j City Clerk and Ex-Officio Recorder
Circuit Clork and
d
Ex-Officio R�e�c�rd�ed
08Puty Clerk
ORDINANCE No. 2173 STATE of ARKANSAS 1
AN ORDINANCE AUTHORIZING AND 1} BS,
DIRECTING THE tTrY MANA6p To County of Washington
ABATE UNMHTLY, UNS.MqTARY
AND UNSAFE CONDITIONS
ON r1ra"IATN "cMIFATV TA/1CCATED
AT THE SOUTHWEST CONNEE ' OF
THE INTERSECTION OP WESTVWX I _, 1 R) I�. (� -}"S- ._ _ _ herebycertifythat I
FON S'"RFATI' AND VVF'�T' AVENUE tJar"^`"'�V` - _ - _ _
IN THE CITY OF FAYETTEVILLE, am the Publisher of THE NOR T EST ARKANSAS TIMES, a daily
ARKANSAS.
WHEREAS. Tom RearsoD. Jr. and cy newspaper er having a second class mailing privilege, and being not less than
Comes. Jr. are he owners of metals four pages of five columns each, published at a fixed place of business and at
orpthe in�ereectanniheranl%astP9lrazzat
Dkkeir a fixed (dally ) intervals continuously in the City of Fayetteville, County of
Street and West Avenue. and mom per Washington, Arkansas for more than a period of twelve months, circulated
titularly described in Exhibit "A" at
tarhed hereto and mese a part brieef and distributed from an established place of business to subscribers and
and readers generally of all classes in the City & County for a definite price for
WHEREAS, in Meech of IF/5 A
deslroved the major portion of mums[ each copy, or a fixed price per annum, which price was fixed at what is
reel . and s than locales on said pro considered the value of the p
pertc. end publication, based upon the news value and
WHEREAS, the ruins and mmainbu service value it contains, that at least fifty percent of the subscribers
gs sev
n �fnaory¢ senlsign . said
ntcommercial
ad detzii thereto have paid cash for their subscriptions to the newspaper or its agents
recount to he public health; and or through recognized news dealers over a period of at least six months ;
WHEREAS, the owners of he afore
said Procelns. after having been sheer and that the said newspaper publishes an average of more than forty percent
w II ever twenty 12x1 rays maks it news matter.
Ill sn, have neglected and refused to
remove, ¢bale, or simulate said On,
-Ighur. uveenitery, and unsafe eon I further certify that the legal notice hereto attached In the matter of
niton.
NOW . THEREFORE, BE IT OR
DAINED BY THE BOARD OF
DIRECTORS OF THE CITY OF '7
__ _ _------------------
FAYETTEVILLE. ARKANSAS:
se ---......-_..._.-c_ v----C-(.Lei- �13 -- - __-..-.-
Of Arrk. .-_
k I That under the uiStet. I92g03, Ark Stet,. IB O h 2125
is-MM- atm See. 11-1-113 of he was published in the regular daft issue of said newspaper for.....__
Fayetteville Code of y authorized
ted Ciry
P . g Y
vena ve or his duly authodmd rept. CBS Insertions as follows:
.rotative. Isr hereby authorized
do and
4hre1% er is to rare, remove, and do whe6 Z� - day Of _..0.-RC.t_:_.- 19... .�.�
,ter is necessary to correct the nn. The lire[ insertion OR the
,iq the ro erty o . and unsafe cPenravne
. r. ta�dpc Property
by
ins So�inae.i the second insertion on the day o[
I
nn St ee the mWest hkolAve of West more
Dick
e
--_—....... 19----_---
n Street and West Avenue, and more
cancculaAy described in Exhibit -'A" the third insertion on the _ _._-- day of __. 19....--_----
attached hereto and made a pain hereof_
n 2, That
renittder is
herebyauhoried and dirtecharge
the coat of correcting sem conditions and the fourth insertion on the __ ___.. _ day of /-
n he on ersT1. of said mnperty. and � V
under the authority of Ark. Stet, IPM26 V` -�—
nd ordinances.
s. ^I Ci FaYr Fasse (Me
nt ll have
ences, the City of s aforesaid
•fell have a lien oats.Against Iba eforeseitl
nminrty for such mala. J
Berson t That be deny Attorney to Sworn to and subscribed before me on this _ . . .!-._lf __ day of _______
n
aid l authorized to teen ( the months
nate hen adhln eighteen USI months
after work hes Sean done by ecnon
In the Washington CCourt (i Chancery
.gethnn 1 The Board a Directors
vrehy do the es that limo rnndi[Iare A_ '
icisUng on az aforesaid a And
are �"�e�T
unsightly. the
unsafe and one ------------ ----------------------
d tetairm m lits toast health and runner N Public
nt thisn ii that nares the provisions y
of this oedinnitce are put Into effect.
immediately, he public health, surety
ad welfare or the people or Fayemkvihe My Commission Expires :
"In he adversely attached. Therefure.
I emnd this
d hereby declared h /O
F'list. and hla health.
ordinance tleipq nave,
hell h be uinllCfl ll aforce a an.� artfde welct /rom lr
antl after Its passage and approval.
PASSED AND APPROVED THIS zed
.t Al" OF Deeembeq 1975, Fees for Printing ._..._ _....... -1 ,L
AF'PROVEP
.Harlon R. Orion
I ... )I4 YOH Cost of Proof ---------- _-----------_---._-_-.--.-
v_. m._.,•
Total ----------""-- _----`i--•- -fes---
EXHIBIT "A"
A part of ld Om (1) N Block Seven
(T) In the original plat of the Town
now City) of Fayetteville, described as
hallows: Beginning at a point which
is loryvmo and one-half - 64145) feet
South and throe hundred sisty (390)
- feet aM'nk)e (9) Inches East of the
Northwest cornu of the Southwest Qmr-
ter ,(SE k) of the. Noelheest Quarter
(NE 15) of Section Sixteen 4107. N
Township IBitean (19) North. Beep
Theory 110) West, Bald point being the
: Northeast cornu of said Bleck 7 as
free Incited. and running thence South
oro hundred (100) feet to a twenty
, foot alley running East and Weal; theme
West with the North Um of sold allay
W the East Bess of the right of way
of the tor, fe uisSan From4co Railroad:
thence North with the East lire of said
right of way to a point on the North
line of said lot due West of the begin-
ping point; theme East eight-five (85)
feet to the piece of begiming.
ALSO, part of Lot Three (3) In Block
&van (7) of the original Town (now
City) of Fayetteville, Arkansas. more
particularly described as follows, to-wit:
Beginning two hundred seventy-six and
seventy five hundredths (M 751 feel
North of the Southeast corer of said
Lot Three (3), Block Seven (7); thence
Went one hundred twenty-five (125) feet :
thence South eleven and sevenlyUve
humredtha (11.75) feel; thence East one
hundred twenty-five 0251 fact; thence
North eleven and seventy-five hundredths
(11 75) feet to the place of the9innins.
Subject to an easement for right of
way over am across said tract.
ALSO. part of Lot One (1) in Block )
Seven (7) In the Town (now City) of
Fayetteville, heing more particularly de
settled! as follows, lowit: Beginning at
a point which is one hundred twenty
(HO) feet South of the Northeast corner
of said Block Seven (7) as designated
nn the original plat of the Town of ,
Fayetteville and running thence South ,
One hundred ldty-nine 1159) ieM and
three (3) inches to the Southeast corner )
of said tot 1 : theme Went ninety-nine
(99) feet( thence North twenty-two (22)
fest; thence West eybteen (39) feet;
thence North One hundred seventeen
t17) h .,; t, ' he Ea11 lie Ot the rich(