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HomeMy WebLinkAbout1951-04-09 Minutes365)1 �hence South on Razorback Ro cX�C p Q COPY OF ORDINANCE N0. 993. SIG awe t& d6_� WHEREAS; a petition was duly filed with'the City Council of the City of ayetteville, Arkansas on'the"eighth-day of January;-19510''asking the City Council to acate and abandon all that portion of the street designated on the plat of the Archias ushnell Additioh:to the said City, now appearing on record in -Plat Book, -Volume 1 at age -15 thereof in the office of the Circuit Clerk and Ex -officio Recorder for Washingtor ounty, Arkansas. WHEREAS, after due notice as required by law, the Council has at the time ar. 1 -ace -mentioned in the -notices heard all persons desiring to -be heard on the question fid has asoertained that the street hereinbef&re described has heretofore been dedicated o the public use-as'a street herein describeds has not been actually"used by the public eneirally for a-peiriod of at least five years` subse'queht-subsequent to the filing of the lat;"that all owners of the property abutting upon the -portion of the street to be vaca- ed have filed with the City -Council their written con"sent'to-such abandonment and that he public interest and welfare will not be adversely affected by the abandonment of uch street. NOW, THEREFORE, BE IDT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILI RKANSAS: Section 1.The City of Fayettevilles Arkansas hereby releases, vacates, and bandons all its rights, together with the rights of the public generally, in and to the treat designated as -follows: -T hat section of Loretto Street lying between WhithaID and Bushnell Streets as ame appears on the recorded plat of Archias-Bushnell Addition to the City of Fayettevill ,rkansas. Section -2. A copy of -the Ordinance -duly certified by the City Clerk shall be 'iled in the office of the Recorder of the County and recorded in the deed records of the ounty. Section 3. This ordinance shall take effect and be in force from and after its lassage. PASSED and APPROVED this 9th day of April, 1951. APPROVED Mayor ATTEST: Alderman Pratt introduced a RESOLUTION to request the State Highway Commissimn o redesignate and re -mark State Highway No.112 through the City of Fayetteville. Alderman Williams made a motion that the Resolution be approved, this motion sedonded by Alderman Kent and was passed unanimously by the Council. Copy of `Resolutmon WHEREAS, the northbound'vehiale traffic traveling State Highway 'Route No 112 through the City of Fayetteville, Arkansas, results in hazardous conditions in the con- gested areas of the City, and WHEREAS, the hereinafter proposed route would follow hard surface route�s> throughout said City, NOW, THEREFORE, BE IT RESOLVED: That the Arkansas State Highway Commission be requested to redesignate and re -mar$ State Route No.112 through the City of Fayetteville, Arkansas, as follows: Commencing at the intersecyion of State Highway No.16 and North Garland Street, thence south on Garland Street to Maple Street, thence west on Maple Street to Razorback Road, to U.S.Highway No.62, thence east on U.S.Highway No.62 to the intersection of U.S.Highw No.719and South on School Street. ( OVER) 891 Fayetteville City Council met in regular session, Monday, April 9th, 19519 ?resent: Mayor Powell-M:Rhea, City Clerk J.W.McGe'hee$'_City Attorney•A.D-.McAllister,Jr. Fire Chief Burl Skelton,'and Aldermen; Richardson, Burge, McGoodwin, Pratt, Williams, Kincaid, Heflin and Kent; minutes of the regular meeting of March 26th, were read and approved. The Quite a number of visitors(62 autual oount)'appeared before the Council with Jog Orid. reference to "THE DOG ORDINANCE" -*no�7fl;'which provides that dogs be -kept up from April 1 i -scussed till October lsts of eaxh years after spokesmen for both dog -owners and flower garden fan presented arguments for and against the Ordinance, the aldermen agreed to take it under advisement. Alderman Pratt introduced VAN"ORDINANCE TO PROHIBIT THE PARKING OF VEHICLES ON BOTH SIDES OF COLLEGE AVENUE BETWEEN NORTH STREET AND TRENTON ST REET,�,ON THE EAST SIDE OF COLLEGE AVENUE FROM TRENTON STREET TO LAFAYETTE STREETs ON THE NORTH SIDE OF SPRING STREE FROM COLLEGE AVENUE TO WEST STREET EXCEPT WHERE SPRING STREET WIDENS BETWEEN SCHOOL ST.iEE AND WEST STREET, ON THE NORTH SIDE OF MEADOW STREET FROM CHURCH STREET TO WEST STREET, AND ON THE EAST SIDE OF LOCUST STREET FROM CENTER STREET TO SPRING STREET EXCEPT ON SUNDA WHEN MARKED FOR ONE-WAY TRAFFIC ONLY."11- The Ordinance was read in its entirety -by -the --Clerk., Alderman Richardson made a moti that the,rulesybe suspended and the Ordinance planed on_its second reading, this motion w by Alderman McGoodwin and was passed unanimously by the Council. seconded The Clerk then read the Ordtnazice the second time, and after discussion, it was decided to leave the Ordinance on its second reading. Alderman Pratt introduced an Ordinance, entitled "AN ORDINANCE TO-*:CLOS&THAT_PORTI OF LORETTO STREET LYING BETWEEN WHITHAM AND BUSHNELL STREET". The Ordinance was read in its entirety by the Clerk, and Alderman !Burgeistiade:;a'• - motion that all rulles be suspended and the Ordinance passed, this motion was seconded by Alderman Williams; and on roll call by the Clerk, the folo*ing vote was'recoided ;.,Ayes: Richardsen, Burge,"McGoodwin, Pratt, Williams, Kincaid, Heflin aiid Kent. Nays:None. And the Mayor declared the Ordinance passed, as there were 8 Ayes, and no Nayse �hence South on Razorback Ro cX�C p Q COPY OF ORDINANCE N0. 993. SIG awe t& d6_� WHEREAS; a petition was duly filed with'the City Council of the City of ayetteville, Arkansas on'the"eighth-day of January;-19510''asking the City Council to acate and abandon all that portion of the street designated on the plat of the Archias ushnell Additioh:to the said City, now appearing on record in -Plat Book, -Volume 1 at age -15 thereof in the office of the Circuit Clerk and Ex -officio Recorder for Washingtor ounty, Arkansas. WHEREAS, after due notice as required by law, the Council has at the time ar. 1 -ace -mentioned in the -notices heard all persons desiring to -be heard on the question fid has asoertained that the street hereinbef&re described has heretofore been dedicated o the public use-as'a street herein describeds has not been actually"used by the public eneirally for a-peiriod of at least five years` subse'queht-subsequent to the filing of the lat;"that all owners of the property abutting upon the -portion of the street to be vaca- ed have filed with the City -Council their written con"sent'to-such abandonment and that he public interest and welfare will not be adversely affected by the abandonment of uch street. NOW, THEREFORE, BE IDT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILI RKANSAS: Section 1.The City of Fayettevilles Arkansas hereby releases, vacates, and bandons all its rights, together with the rights of the public generally, in and to the treat designated as -follows: -T hat section of Loretto Street lying between WhithaID and Bushnell Streets as ame appears on the recorded plat of Archias-Bushnell Addition to the City of Fayettevill ,rkansas. Section -2. A copy of -the Ordinance -duly certified by the City Clerk shall be 'iled in the office of the Recorder of the County and recorded in the deed records of the ounty. Section 3. This ordinance shall take effect and be in force from and after its lassage. PASSED and APPROVED this 9th day of April, 1951. APPROVED Mayor ATTEST: Alderman Pratt introduced a RESOLUTION to request the State Highway Commissimn o redesignate and re -mark State Highway No.112 through the City of Fayetteville. Alderman Williams made a motion that the Resolution be approved, this motion sedonded by Alderman Kent and was passed unanimously by the Council. Copy of `Resolutmon WHEREAS, the northbound'vehiale traffic traveling State Highway 'Route No 112 through the City of Fayetteville, Arkansas, results in hazardous conditions in the con- gested areas of the City, and WHEREAS, the hereinafter proposed route would follow hard surface route�s> throughout said City, NOW, THEREFORE, BE IT RESOLVED: That the Arkansas State Highway Commission be requested to redesignate and re -mar$ State Route No.112 through the City of Fayetteville, Arkansas, as follows: Commencing at the intersecyion of State Highway No.16 and North Garland Street, thence south on Garland Street to Maple Street, thence west on Maple Street to Razorback Road, to U.S.Highway No.62, thence east on U.S.Highway No.62 to the intersection of U.S.Highw No.719and South on School Street. ( OVER) 891 366 Telephonep Co to in- i crease t franchise a p e$ment A $800.00 s Band a Stand & u Store k Bldg to' be sotd. "STOP SI on Doug= lass St. (RESOLUTION CONTINUED) PASSED and APPROVED this 9th day of April, 195L. Attest Approved c CrItayor y Cleric Alderman Kent made a motion to --approve the proposal of-the'Southwes ern'Bell Tele- hone -Compare to in crease their annual Franshise payment from $2,500: to $3,300,00 or an acrease"of $800.00 per annumy: effective July lst,1951 and to continue for a period of ftree-years, making the payments due -JQW{,��M- JULY-1St,1951-1952-and 1953, comple term of five -(5) year contract -Which began July lst,1949: This motion was seconded by lderman Heflin, and was passed unanimously by the Council. Alderman Kincaid made a report of the progress of work at the City Park, red recommended the wrecking of the OLD BAND STAND and Store building, Alderman Heflin ma motion that the `Mayor be authorized to advertise for bids on said buildings, with the nderstanding that the"buildings must be removed not later than May 15,19512 this moVion as seconded by Alderman Pratt and was passed unanimously by the Council. Alderman Pratt introduced an Ordinance, entitled"AN ORDINANCE TO AMEND ORDINAN NO.968 REGULATING TIE CONSTRUCTION OF SIDEWALKS, STREET CURBING, AND/OR GUTTERING,THE CUTTING OF SIDEWALKS FOR THE CONSTRUCTION OF DRIVES, THE CONSTRUCTION OF DRIVES; PROVIDI FOR PERMITS, THE FIXING OF COMPENSATION FOR INSPECTION, PROVIDING FOR ENFORCEMENT, AND IMPOSING PELALTIES; REPEALING ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH". The Ordinance was read in- its entirety by the' Clerks and Alderman McGoodwintim motion'that all rules be suspended, and the Ordinance passed, this: motion was seconded b Alderman Williams, and on -roll call by the Clerk; the following vote was recorded; Ayes: Richardson$ Burge,McGoodwin; Kincaid, Heflin and Kent. NAYS: None and the- Mayor'"declared -the -Ordinance passed, as there -were 8 Ayes, and no Nays. Alderman Williams made a motion that the emergency clause be adopted, this moti was -seconded by'Aldermsn Kent and on roll -call by -the clerk the following vote resulted; Ayes: Richardson, -Burge, McGoodwin, Pratte Williams; Kincaid, Heflin and Kent. Nays:None And the Mayor declared the emergency clause adopted. COPY OF ORDINANCE N0. 994. AN ORDINANCE TO AMEND ORDINANCE N0. 968 REGULATING THE' CONSTRUCTION OF SIDEWALI{S* STREET CURBING,AND /OR GUTTERING, THE CUTTING OF SIDEWALKS FOR THE CONSTRUCTION OF DRIVES, THE CONSTRUCTION OF DRIVES; PROVIDING FOR PERMITSs THE FIXING OF COMPENSATION FOR INSPECT I PROVIDING FOR ENFORCEMENT, AND IMPOSING PENALTIES; REPEALING ORDINANCES OR PARTS OF ORDDNA IN CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY --- COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: 1. That Section Six.($) of Ordinance No.968s passed and approved April 24, 1950; be amended to read as follows: " Section 6. Permit Fees.'For each permit issued by the City Engineer, the appli- cant shall pay a fee of One ($10*00) Dollar to the City of Fayetteville." 2 All ordinances or parts of ordinances in conflict herewith shall be and the a are Hereby repealed-* and that this ordinance shall be in full force and effect from and after its passage, approval and publication. PASSED and APPROVED this 9th day of April, . Approved Mayor Attest: y C er �. Alderman' Richardson made a motion that "STOP SIGNS" be installed on both sides of Douglass Street. at the intersections of-Whitham, Storer, Oakland and Lindell Streets,' this motion was seconded by Alderman Burge, and was passed unanimously by the Council; -- Alderman Burge made a motion that the City Attorney be instructed to prepare an o: o, iV73 BUILDING LINE in the first fire zone, this motion was seconded by Alderman Kent, and was passed unanimously by the Council: Alderman McGoodwin"-made a motion that the City"Attorney be instructed to prepare t ordinance -.requiring the approval of the Couhcil for all BUILDING PERMITS issued inside ie first fire'zone, this motion was seconded by Alderman Burge and was passed unanimousl, r the Council. Alderman Burge made a motion that the City Attorney be instructed to prepare an �dinance requiring all business houses and homes to be numbered in correct sequence, thi i 3(i7 IThe proposal of Price Dickson for legal services as special counsel in the condemnation proceedings proposed for the Highway No.71.by-pass in -the -City of Fayettevill:e,:which ha been presented to the Council at -the regular meetingof March 26th, 1951, and taken undo. advisement, came'up-for action, an& Alderman Pratt -made a motion tb=:accept the proposal, this motion was seconded by Alderman Heflin, and was passed unanimously by the Council* COPY -OF PRICE DICKSON'S PROPOSAL. January 25, 1951. Mr.A.D.McAllister, Jr. Oity Attorney You have. advised me that the City Council has requested that I suggest to them what, in my opinion, legal services.:as special counsel would amount to in the condemnati proceedings proposed for the Highway No.71 by-pass in the City of Fayetteville. It is my opinion that a reasonable compensation for the handling of necessary preliminary legal matters and the filing of the -complaint and obtaining possession of th (property in the event the City should elect to post bond before the -amount due the prope. owner is actually determined would be'$150.00,-which sholld be due and payable at the tii the complaint is filed, it being understood that -the City Engineer is to furnish me with kjdet'd,tl description of each tract of land to be condemned and the City will furnish me with an abstractor+scertificate showing record- ownership of those tracts of land or that II may be authorized to contract with some abstractor at the City's expense for this sery the City to designate -whether, they .will obtain abstractorls services or whether they pre for that I should do so:`This should get -thio City possession of t -he 1'6nd. The only other matters -to be determined would be the amounts to be paid to the land owners. ( According -to'- the-newsp:aperr article, there are 28 land owners in addition to the City of Fayetteville. Mr. Jasper Pyeatt^has--advised me that he thinks 90% of the land- owners will negotiate with the.City for the sale of their land and that a judicial deter. urination will not be necessary. In the event further -legal proceedure other than the acquiring of the land by the filing of the bond is required, -:the prevailing rates='for such proceedure should be applicable and in orddr that you may be -advised what those are the items Would-be $25.00 for -each appearance in court for the disposition -of preliminar pleadings such as motions to make -more definite -and certain, motions to quash service, demurrers, at cetera. For each day or part of a day required in the trial of the cases on the merits, the fee is $100.00. At this stage in the proceedure, it would be impossib. for me to say how many trials there will be or the number of days that would be spent in the trial of these cases. If all of the•.sales could be negotiated, there would be no additional time in Court and-the_$150000 hereinabove set forth--would'cover all of the services. -However, I -do -not anticipate that this will be the case, I think that there will probably be three or four trials. FYou are authorized to submit this letter to the City Council and if the propos-al as herein contained is satisfactory to the City Council and Acceptance of the proposal on the .part of the City Council will be all that is necessary in order to con- stitute this the contract. Sincerely yours; S/S Price Dikson ! Alderman Willi ems-made'a motion that the Mayor be authorized to -confer with G.C.Wade ritl rerarence to a contract to serve -as-NEGOTIATOR with.:the..land owners in acquiring possession of the -property required for the `Right-of=way for Highway No.71 through the ity of Fayetteville,"and-report back -to the Council, this motion was sedonded by Alder - ran Richardson, and was passed unanimously by the Council. TRere being no further business, Alderman Kent moved to adjourn, seconded by Heflin, which was passed unanimously by the Council, and the Mayor declared the Council adjourned. Approv6d: 9? Attest;4ayor i y erg I