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HomeMy WebLinkAboutOrdinance 2294 ORDINANCE NO 2A Q� 076 DEC 22 Pit 2: 52 AN ORDINANCE AUTHORIZING AND DIRECTING THE C ;TY�HMANAGER . 111 TO ABATE UNSIGHTLY , UNSANITARY AND UNSAFE CONDITIONS EXISTING - TY ON CERTAIN PROPERTY LOCATED IMMEDIATELY EAST OF 85ZLEI�lLIY �I '` STREET IN THE CITY OF FAYETTEVILLE , ARKANSAS . CIF .' ' i`r , - • WHEREAS , Thomas Pearson , Jr . is the owner of certain property located immediately East of 852 Holly Street in the City of Fayette- ville , Arkansas , and more particularly described in Exhibit " A" attached hereto and made a part hereof ; and WHEREAS , unsightly , unsanitary , and unsafe conditions exist on said property ; and WHEREAS , the owner of said property , after having been given well over twenty ( 20 ) days notice to do so , has neglected and refused to remove , abate , or eliminate said unsightly , 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 . Stats . 19 - 2325 - 19 - 2328 , and Sec . 11- 11- 3 of the Fayetteville Code of Ordinances , the City Manager , or his duly authorized re- presentative , is hereby authorized and directed to remove and do whatever is necessary to correct the unsightly , unsanitary and unsafe conditions on the property owned by Thomas Pearson , Jr . , immediately East of 852 Holly Street and more particularly de- scribed 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 owner 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 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 I DAY OF O Y-tA �J , 1976 . APPROVED : Jill /i MAYOR r ATTEST ; RX MICROFILMED' DATE OCT 1 g 1978 REEL DEED 919 90.4 EXHIBIT "A" Part of the Southwest Quarter ( SW/ 4 ) of the Northwest Quarter (NW/ 4 ) of Section Nine ( 9 ) , Township Sixteen ( 16 ) North , Range Thirty ( 30 ) West of the 5th P . M . , more particularly described as beginning at a point 785 feet North and 239 feet West of the Southeast corner of said 40 acre tract ; thence North 105 feet ; thence West 120 feet ; thence South 105 feet ; thence East 120 feet to the point of beginning . A part of the Southwest Quarter ( SW/ 4 ) of the Northwest Quarter (NW/ 4 ) of Section Nine ( 9 ) , Township Sixteen ( 16 ) North , of Range Thirty ( 30 ) West , described as follows : Beginning at a point which is 680 feet North of the South east corner of said forty ( 40 ) acre tract , and running thence West 239 feet for a point of beginning , thence North 85 feet ; thence West 120 feet ; thence South 85 feet ; thence East 120 feet to the point of beginning , all being situated in the City of Fayetteville , in the County of Washington , and in the State of Arkansas . MTIF[CATE OF RECORD C$llte 8� �P)t�1t13'�� rfT}l 4 kt�} :fVC?F kSFC^ SS CFfT (!i"e II��.•�I�Li 1'=1�.1 �V���' (i�"Y 4j(��!( Wnao�. !( T � M TTTiii,,, i .lff l ly 1:,:Dt &� I�p) �:!� ' i ;h Fih". 4 ,. - ICC}�✓ ii:z a �rv +�cc,:eel� :: �t)ftcib I��ett oro 919 9C5 CERTIFICATE STATE OF ARKANSAS ) CITY OF FAYETTEVILLE ) I . DARLENE WESTBROOK, City Clerk within and for the City of Fayetteville , Arkansas , do hereby certify that the annexed and foregoing is a true and correct copy of the Fayetteville , Arkansas , 6L4 ,2nA1 ,& 9 ) aa4 � , therein set forth , and the same is as it appears of Record L " in am, c�A.,r<d1 /J D el� Volume at Page thereof . IN WITNESS WHEREOF , I have hereunto set my hand and affixed my official seal this day of ( .lie pines . , 19 ' :'C ♦ �. CITY CLERK qT I DEED 919 906 l CFF.TEjr- ICA.( E OF RcV01: D STATE OF AM" NS,%S ISS. Washington County I I, Alma L. Kollmeyor, Circuit Clerk and Ex-Officio Recorder for Washington County, do hereby certify that the annexed o.r�qfo�re- tiica on thCX�Y going mstr men, was filed for,rea•-or�;i.e ($', oP_ la's+—r' c'o — r'i, and the same i rj�D4�Q r=cord i`/ 9�a,t Page �J duly recorded in zv&ay cf�'19--'' Witness my hand and seal ihi� A� ucYFR - Circuit Clerk and BY`r�-Offic Recorded C -y-- Decuty Clerk c 1 STATE of ARKANSAS 1 County of Washington vo. 2w iTY ORIZINGMANAGE AND 1 hereby certify that I P CiY, hINANIT TO t FEfielNeo INSANITARY am the Publisher of THE NORTHWEST ARKANSAS TIMES, a dally •ERTAIN PROPERTYpipiq FXIWTWCATED CERTAIN PROPERTY LOCATED newspaper having a second class mailing privilege, and being not lees than IMMEDIATELY EAST of ase HOLLY four pages of live columna each, published at a fixed place of business and at frRLWr IN THE CrIT OF FAYEf- TEVILLE. ARKANSAS. 8 fixed (dally ) intervals continuously In the City of Fayetteville, County of wHERF_AS. himas Perron. Jr., is 1 moWashington,owner of certain property located Arkansas for more than a period of twelve months, circulated mmdlhkly East of are Holly Sheet and distributed from an established place of business to subscribers and to the City of h-a}alleville. Arkansas, and more paruculirlr dissented in Sabi- readers generally of all classes in the City & County for a definite price for bb -A" attached bereto said meas a each copy. or a fixed part heraor, and price per annum, which price was fixed at what Is Whereas, unsightly unsanitary. and considered the value of the publication, based upon the news value and ansae mnauatr <rast on wa pntpenrr service value it contains, that at least fifty Y percent of the subscribers WHEREAS, Na canner of sale thereto have paid cash for their subscriptions to the newspaper or its agents properlyafter having been given well over twenty (20) days nonce to do so, or through recognized news dealers over a period of at least six months ; has neon eliminate end refused u to re . on- and that the said newspaper publishes an average of more than forty percent hasty l ted and este unsightly, um snnuann and unsafe conditions. news matter. .. I.. .e.. .p OR- DAINED BY THE BOARD OF D.,, l .. , n11 H AF. or I further certify that the legal notice hereto attached in the matter of FAYETTEVILI.E. ARKANSAS: Speller I . That under the authority of Ark. Slat. 19-2803. Ark. Stats. 19- 2125 19232x, and Sec. Hit $ of Ins , Fayetteville Code M Ordinances, the City -.. -- --v.,Y1Q+.L�-�.+w.._ Q- __.`�..� `Ql`1___------------- ----------_---_---sans.__. SInnARpr, it he duly achivirivauthorized d Or. sentence. La hereby d it(, lwh and dL rnaed m remove and ao whatever is was published in the regular daily issue of said newspaper for necessary m correct the unsightly. on. Insertion as follows : iunitary and unsafe conditions an the -"rv'rty owned by Thomea Peetaon. Jr.. - more particularly described in The first insertion on -,^dlately Rea" of 852 Holly Strep! the --_\� . .. _--- day of ..... -- "A" attached Jn'ero ars mala .: 1-,11 hereof sec on z. That the City Manager is the second insertion on the _ day of ______ 19.__-.____- herebr futhol and directed b Marge Iue east of eorreeli" -Yb eandlunns e- roe owner of M1Q Property: And the third insertion on the -_ day of sans-......... ..._.._._ 19__..._.._- the authority t� _ rh slat. 1%- M - ;ecrkn 113 of Oa FayettovM Cords finances, the qty of Flyehev+lle and the fourth insertion on the day ofhave a all against the efnreeaid , -tp for such conte. '.Ln J. That the City Attorney is within a,dur4 b sell Irl the —_--ie� wa lien . 10. months liter - has been done by action in the U Instant Coutts chancery Call ext, into r The &era of Directors Sworn to and subscribed before me on this s an s �._ day of _ __----..___ hereby do the es that tit arty am ----- cling Won the ers. unsafe.l e. and are upernal y, the public health, and delrthd- menlal to the to unless s thh, and further determines stmt unlax Me prMMaY et -----------------------------------------sans.---. �— this ordinance are put Into effect Int n a Mint o Ilse Dublicma atithealth, safety and - J welfare of the peopk nl Fayetteville ".L�yy - will be achersely affected. Therefore. . ___ ------------------_____.-.._. An cmer¢eney Is hereby declared to NO y Public exist. and this annus ce being necessary for the perhllr health. safety and welfare, ,shall he In run force and affect from and Alter iia passage and approval. M Commission Expires :RO F. /.3 PASSED AND APPROVED THIS T DAP �� ! 0 0 of DECEMBER. PRO APPROVED: Marian R. Orton - -- MAYOR ------- --t—(�.—c—^ r Fees for Printing ........ _.._ �1 , 5p n n , ^rr , SN :. Cost of Proof __ ..-__ .. {sans._..-.--------.__-_- aa 50 Total __ ..._..... j._.-......._t.—_.--- ,lost cent: et ; leence t nub feet 1hrn. r East 130 feet A to lea the l Of oleemine A Part of North Aonthwm Quarter %) Of t no dine (9). Lunt (NWVI) of --'ian NIM al Tpw9Ny (30)en flet of Ranee Thirty 130) wen. -awl as follows 9ee1nAt a ro, City or Fe viluecille, in aoshington, and in Na ,s.