HomeMy WebLinkAboutOrdinance 2912 ORDINANCE NO . 9/ D8� qp FDR RFco
�\ MICROFILMED A // RD
V AN ORDINANCE IMPOSING A MORATORIUM ON THE �19SyjTL1NCE A� // /,v
VVV OF BUILDING PERMITS FOR LOTS 4- 13 IN MILLEIR4 RTION
UNTIL SUCH TIME AS PUBLIC SEWER SERVICE IS $Oftto LE?
B &
TO SAID LOTS . CD�r MFyFRygA
CF
WHEREAS , the Fayetteville Planning Commission has he eto -
fore approved a final plat for Miller Addition which plat con-
sists of Lots 1 - 16 ; and
WHEREAS , said approval was based in part upon percolation
test data submitted by the developer ' s engineer which data
indicated that each lot in said subdivision could be serviced
by a septic tank in accordance with regulations promulgated
by the Arkansas Department of Health ; and
WHEREAS , the Arkansas Department of Health has determined
that septic tanks may not be installed on the aforesaid lots
in accordance with departmental regulations ; and
WHEREAS , public sewer service is presently being made
available to Lots 1 , 2 , 3 , 14 , 15 , and 16 in said addition
but not to the remaining lots .
NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS
OF THE CITY OF FYAETTEVILLE , ARKANSAS :
Section 1 . That the Board of Directors hereby imposes a
moratorium on the issuance of building permits for Lots 4- 13
in Miller Addition until such time as said lots are served
by public sewer lines .
PASSED AND APPROVED this ,� day of /�P;e/ G 1983 .
`k ' FaYeTFi APPROVED :
eel
BY : / �L
c,
Mayor'
ATTEST,-
City Cler
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0210038 30 31d01J11830
CERTIFICATE OF RECORD
City ;;f . . ' '
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pearc i::
x I L1 ._ 3 s7. witless my
hand -_day of
umer
i
- - _- -- _ _• _ -- _ - INVOICE FOR
MAKE CHECKS PAYABLE TO . NORTHWEST ARKANSAS Now CLASSIFIED.ADVERTISING. ,
TIMES
WORDS TIMES AMOUNT
21. 2 NORTH EAST AVENUE
FAYET
07635 TEVI LLE, ARKANSAS 72701 YOUR SI NO INVOICE IS
NODUE.UE. IF NOT PAID WITHIN 10
PHONE : 501 /442-6242 DAYS AMOUNT DUE WILL BE
PHONE CLERK
SO1 - - (11J
INDEXING TERMS:
ORDINIANC -
City c -F Fayettevilie
AD GIVEN BY CLASSIFICATION
\ 102 \
Drawler t• CODE SOLICITED BY OPERATOR
Fayetteville A*R
72702 U-1 00
START. DATE STOP DATE SKID SCHEDULE
04 : 14 /S, 04 / 14 / 3 R4
PLEASE PAY PROMPTLY
^ ORDINANIC E N0 . 2`i 12 Al 0RE+ I1,JAhCc II'!POSI VG .4 f':0?AT0RI t O; < Tu.
£ =SUANCE CF SUILOING PERMITS FOR I .1TS 4- 13 IN filL`•_ck ADDITION
UNTIL SUCH TIME AS PUBLIC SEWER SERVICE IS AVAILABLE TO SAID
LOTS . ^' WHEREAS , the Fayetteville Planning Commission has beret
ofore approved a
ORDIINAIVCENO.2912 STATE of ARKANSAS
AN ORDINANCE IMPOSING 69.
A MORATORIUM ON . THE County OI Washington
ISSUANCE . OF ' BUILDING tY
PERMITS FOR LOTS 6-15 IN
MILLER ADDITION UNTIL
SUCH TIME AS PUBLIC � �
SEWER SERVICE IS AVAIL- I, i9/ iTd/ar7s/4f1./ hereby certify that I
ABLE TO SAID LOTS.'. -. am the publisher of THE NORTHWESILhRKANSAS TIMES, a daily newspaper
WHEREAS,.Ine Fayetteville
Planning Commission has having a second class mailing privilege, and being not less than four pages of
heretofore approved a final five columns each, published at a fixed place of business and at a fixed (daily)
I plat for Miller Addition which intervals continuously in the City of Fayetteville, County of Washington, Arkansas
plat consists of Lots i-16; and
WHEREAS, seld appioval for more than a period of twelve months, circulated and distributed from an
was based, In part.- upon established place of business to subscribers and readers generally of all classes
percolation test data submitted in the City and County for a definite price for each copy, or a fixed price per
by the developers engineer annum, which rice was fixed at what is considered the value of the publication,
which date Indleabd that each P
' lot lnsaid subdivision.could be based uponthenews valueandservice value it contains, that at least fifty percent
service' accords by ll- Sewith regulations
In of the subscribers thereto have aid cash for their subscriptions tothe newspaper
accordance . with reAr ansae P P -
promulgated by the Arkansas or its agents or through recognized news dealers over a period of at least six
Department of Health; and months; and that the said newspaper publishes an average of more than forty
WHEREAS: the 'Arkansas .
Department of Health has de- percent news matter.
termlmd that septic tanks may
not Oe otsInInstalled or the I further certifythat the legal notice hereto attached in the matter of
aforesaid lab octan thenct, g
with departmental regula. //// /
lions;WHEREAS,' Public sewer' _� 4�/
service is presently beim] -
made available to Lots 1, 2, J,
ta, na ase' 16In said addition was published in the regular daily issue of said news a rfor
4b NOWeo HEREFOREipo lots. P gU Y P Pe
NOW. THEREFORE, BE Or consecutive insertions as follows:
t ORDAINED BY THE BOARD
OF DIRECTORS- OF - THE
CITUFAVETTEVILLE, The first insertion On theH6e day Of •�� �-�' 19 73�
ARKANSS AS:. eB a
Section 1.hereby
That-the Board of
' Directors hereby impoxs a the second insertion on the day of 19
moratorium onihe Issuance of,
building Permits for Lots bl) in the third insertionthe dd
Miller Addition until such time On Y of 19
as mid dotsam . served. by
I. public sewerlineas - ` and the fourth insertion on the day of 19
PASSED AND APPROVED
this Sth day of April, 1987.' <+ -
4lry Vr'APPROVED,: , t
'ey Paul R, Noland '
tj4F, , Mayor'
. tseaq Sworn to and subscribed before me on this day of
ATTEST :
By. Olivia A. Kelly .
? City Clerk = —�9
Notary Public
My Commission Expires:
( � 10;) - `$3
Fees for Printing _ S :dL•,L-
Cost of Proof _ $
Total — S%
,(HER - BUSINESS
Water . Sewer Matter ; 13
Mayor Noland stated that the Water & Sewer Committee had received a request 413 . 1
concerning the City ' s possible installation of sewer lines to serve the platted
- development north of the airport , the Miller Addition . One property owner , Mr .
Joseph Terminella , had discovered that the ground was unsuitable for septic
tank useage , verified by percolation tests run by Mr . Will Hastings of the Health
Department . Also present was Mr . Arthur Miller , owner of Lots 12 2 , 3 , 14 and 15 of
the Miller Addition . He stated that the engineer on the project had taken
percolation tests when the subdivision was approved and found the ground suitable
for septic tanks .
City Engineer Bunn stated that the City ' s share in the installation of these
sewer lines would be $39 , 700 . 00 , and the property owner ' s share would be
( +7 $ 37 , 600 . 00 , for a total project cost of $ 77 , 300 . 00 . This would be $ 2100 per lot413 . 2
. '
Directors Osborne and Bumpass suggested the possibility of the owners of the
property forming an Improvement District consisting of the majority of the 413 . 3
assessed valuation of the property . This was discussed as an alternative and
City Attorney McCord stated that this could be accomplished within a reasonably
short period of time , following published notice and public hearing , and once
the commissioners of the district had formulated the plans and improvements , then
an engineer could be hired to do the design work .
Mayor Noland indicated that it was important that the City earmark this area
as invalid for septic tank useage , and it was determined that the Inspection 413 . 4
Department would be instructed not to issue any building permits on these lots
unless they have valid percolation tests performed alth Department .
z..
City Attorney McCord stated that if the Board determined to allocate funds
for the westernmost sewer line to the designated lots , he would draft a con - 413 . 5
tractual agreement between the City and the owners of the property which could
be coordinated by the City Manager . The terms of the payout could be over a
ten -year period , but subject to negotiation .
Director Osborne , seconded by Director Sharp , made a motion to refer this 413 . 6
matter to City Attorney McCord and City Manager Grimes , who were instructed to
meet with the property owners and draft a contractual agreement concerning the
cost - sharing of the installation of the line to the westernmost portion of this
addition . The City Manager would report to the Board at the meeting of February
15th .
There being no further discussion , upon roll call , the motion passed by
a vote of 7- 0 . 413 . 7
Swimming Pool - Wilson Park
City Manager Grimes called for approval of the Plans and Specifications 413 . 8
which had been prepared for the pool at Wilson Park . He stated that upon
approval and authorization for bids , the project can begin . The estimated
completion date is June 12th . He further stated that the Parks & Recreation
Board had seen the plans and approved them , and that Mr . Richard Naylor had
been in continual contact with the Health Department concerning these plans .
Director Johnson , seconded by Director Lancaster , made a motion to approve 413 . 9
the plans and specifications and to authorize the City Manager to advertise
for bids on the project .
Upon roll call , the motion passed by a vote of 7- 0 . 413 . 10
A . X
- � 4 q: .Y > r'11C'4t!"�k'� ik7iM{`"'•.. a v:rI Ix
.+
ORDINANCE NO . a 47V
AN ORDINANCE IMPOSING A MORATORIUM ON THE ISSUANG 'F„
OF BUILDING PERMITS FOR LOTS LOCATED WITHIN MILLEI �i�%pin -O
ADDITION UNTIL SUCH TIME AS PUBLIC SEWER IS AVAIL- 0v, /,.
ABLE TO SAID LOTS . , 1 r
WHEREAS , the Fayetteville Planning Commission approved
the plat for Miller Addition based upon percolation tests
provided by the developer ' s engineer indicating that septic
tanks could be installed on the lots within said subdivision
in compliance with regulations promulgated by the Arkansas
Department of Health ; and
WHEREAS , it has now been determined that septic tanks
cannot be installed on said lots - in compliance with said
regulations ; and
WHEREAS , to protect the public health , safety , and
welfare it is necessary to impose a moratorium on the
issuance of building permits for said lots until such time
as public sewer lines have been extended to said lots .
NOW , THEREFORE , BE IT ORDAINED :BY THE BOARD OF DIRECTORS
OF THE CITY OF FAYETTEVILLE , ARKANSAS :
Section 1 . That the Board of Directors hereby imposes
a moratoriu on the issuance of building permits for all lots
within Miller Addition to the City of Fayetteville , Arkansas ,
until such time as public sewer lines have been extended to
said lots .
PASSED AND APPROVED this A4041- day of �d�, 1953 .
APPROVED : J/
By : 6L,(/ iLW
Mayor
ATTEST :
By :
City Clerk
J ,
J
S OROINANCENO. 280t -
f' AN ORDINANCE IMPOSING "
' A MORATORIUM ON THE
ISSUANCE OF BUILDING STATE of ARKANSAS 1
I PERMITS FOR LOTS Jt
LOCATED', WITHIN MILLER , aB.
ADDITION UNTIL-ASUCH County of Washington
TIMES PUBLIC SEWER ISl
AVAILABLE TOSAIp LOT&.ti-
WHEREAS; thwFayettevilli { '
Planning Commisstonl I, � ^" v�• H � hereby certify that
approved' the Plat for Miller .
Addi len based upon percula• - - am the publisher of THE NORTHWEST XRKANSAS TIMES, a daily newspaper
tion tests provwed by the de-, having a second class mailing privilege, and being not less than four pages of
velothat a pt engineer, Indicating
In. five columns each, published at a fixed lace of business and at a fixed (daily)
that septic tanks could be ng P P Y)
stalled on the lots with4i said intervals continuously in the City of Fayetteville, County of Washington, Arkansas
regulations In comewee
regulations promulgated
for more than a period of twelve months, circulated and distributed from an
d by The
Arkenaaa DepsrtmeM_ ot established place of business to subscribers and readers generally of all classes
Health; and v In the City and County for a definite price for each copy, or a fixed price per
WHEREAS, It tiai 'now been annum, which rice was fixed at what is considered the value of the publication,
determined' that; septic. tanks. P
eamat.be:ibstaned on said lots} based upon the news value and service value it contains, that at least fiftypercent
ti ns;aniance wits pala:reguia of the subscribers thereto have paid cash for their subscriptions to the newspaper
'tions; and '. = :-1 -
WHEREAS, to ' protect 'the or its agents or through recognized news dealers over a period of at least six
Public health, safety, and months; and that the said newspaper publishes an average of more than forty
Welfare it is necessary to Im- teen[ news matte[.
pose a moratorium on. the Pe
issuance of building permits
for said ton unto such time es,. I further certify that the legal notice hereto attached in the matter of
for si id lots lines s ch thavi Seas . g
NOWo THEREFORE; BE IT
extlndetl 10 Nld 1018.'.' >T.`. ."" �'f
ORDAINED BY THE':BOARD ,
; OF -•DIRECTORS OP . THE
ICITY. OF FAYETTEVILLE,
'ARKANSAS:. . ':• •^"n"...+II' t_ /
,Settles, l: TneF_itie:8 , a * was published in the regular daily issue of said newspaper for
Directors- the
any, imposes! a- consecutive inserilons as follows:
�mwatorlbrn ln'ths issuance ofd
bunding1
within Miller Addition to •me•. The first insertion on the day 19 Qs'�
City of FaYettevlite Arkan`Nd, i
�uunto he time n eaten sewer the second insertion on the da of 19
nes echei been public sewed Y
said lots. ' - -
PASSED ANDAPPROVED the third insertion on the da Of 19
this 1sT day of February, 1993. Y
APPROVED: `
By: Paul Rf Noland and the fourth insertion on L day o 19 -
4 Mayor
ATTEST-
1C
TTEST S
City Clerk rt`
Sworn to and subscribed before me on this Lia day of
� 19 2s�
Nota?y Public
My Commission Expires:
Fees for Printing — $
Cost of Proof _ $
Total $
