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HomeMy WebLinkAbout1951-04-23 Minutes68 ayetteville City Council met in regular session, Monday, April 23rd, 1951. resent: Mayor Powell M.Rhea, City Clerk J.W.McGeheeP'-City Attorney A.D.McAllister, Jr. ity Engineer John Mahaffey, Fire Chief Burl Skelton, Citti Auditor Harold Zick,and ldermen; Riehardson,Burge, McGoodwin, Pratt, Williams, Kincaid, Heflin and Kent. Minutes of the regular meeting'of April 9th, were read and approved. The question of theOrdinance's..pro¢idin-g foil, liee46ing CURB "PUMPS'.camb up- for discussion, rb pumps d Alderman Williams made a motion that the matter -be referred to the Street- Committee iscussed or study of the present ordinance44 ff possible-obtain"-copnies of ordinances from other cities with reference to CURB PUMPS and make recommendations to the Council; this motion I as seconded by Alderman Richardson, and was passed unanimously by the Council; The proposal of Tune Construction Company to erect an AIRWAY*TOWER at Drake�t:. IRWAY OWER at Field in accordance withr the erection guide presentedffor the sum of ,$400.00 and to paint, he tower with two coats of International Paint in the'color-desire do'for the sum of $150.00 IRPORr Alderman Richardson made a motion to -accept these two proposals, this motion was secondeib Alderman Williams, and was passed unanimously by the Cguncil. Alderman Pratt intOoduced an ordinance, entitled, "AN ORDINANCE DEFINING THE RONT LINE OF BUILDINGS IN ALL tHEORDINANCES PRESCRIBING BUILDING SPECIFICATIONS WITHIN HE FIRST FIRE ZONE. The Ordinance was read in its entirety by Alderman Pratt, and Alderman Mc- oodwin made a motion that all rules be suspended and the Ordfinance-passed,-this motion as sdmonded by Alderman Kincaid and on roll'call by the Clerk the'following vote was ecorded; Ayes: Richardson, Burge, McGoodwin, Pratt, Williams, Kincaid, Heflin and Kent# sys: None. And the Mayor declared the Ordinance passedq as there were 8 Ayes, and no Nays. ( S8£ P140 ' i'o r i h, a jShF r Y d 4A0SEJ. COPY OF ORDINANCE No.995. AN ORDINANCE DEFINING THE FRONT LINEN OF BUILDINGS -IN ALL ORDINANCES PRESCRIBING UILDING SPECIFICATIONS WITHIN THE FIRST FIRE ZONH. BE TP ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE� ARKANSAS: Section 1: That hereafter the term "front line of"building" when same appears in y ordinance of the City of Fayetteville prescribing building specifications within the rst fire zone shall be defined as follows: " The'line of that face of the building nearest the front line of the lot. his face includes sunparlors, porches covered or uncovpered, enclosed or unenclosed, roofs, anopies, eaves, and attached steps", but 'excludes canvas or custom made metal awnings. -Section 2. All ordinances or parts of ordinances in conflict herewith are hereb repealed, and it appearing that this ordinance is necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist and this ordin shall be in full force and effect from and after its passage and approval. Approved Attest: Q Mayor Xity C er_.� (Alderman Pratt made a motion that the emergency clause be adopted, this motion was secon by Alderman Richardson, and on roll call by the Clerk the following vote was recorded, 'Ayes: Richardson, Burge, McGoodwin, Pratt,Williams, Kincaid, Heflin gand Kent. Nays:None. Arid the Mayor declared the emergency clause adopted, as there were 8 ayes, and no nays`, ) ALDERMAN Pratt introduced an ordinance, entitled, "AN ORDINANCE REQUIRING APPROVAL OF THE CITY COUNCIL PRIOR TO ISSUANCE OF BUILDING PERMITS IN THE FIRST FIRE ZONE The ordinance was read in its entirety by City Attorney•. A.D:McAllister, and Alder-' Pratt made a motion that all rules be suspended and the Ordinance passed,this motion I seconded by'Alderman Burge, and on roll call by the Clerk, the following -vote resulted; •Richardson, Burge, McGoodwin,'Pratt, Williams, Kincaid, Heflin -'and Kent. Nays:None. the Mayor declared the Ordinance passed, as there were 8 ayes, and no nays. Alderman Richardson made a motion that the emergency clause be adopted, this moti seconded by 'Alderman Kent, and on roll call by the Clerk, the following vote resulted s: Richardson,Burge, McGoodwin, Pratt, Williams, Kincaid, Heflin and Kent. Nays:None. the Mayor declared the emergency clause adopted, as there were 8 ayes, and no nays• COPY OF ORDINANCE N0.996 AN ORDINANCE REQUIRING APPROVAL OF THE CITY COUNCIL PRIOR TO ISSUANCEGOF ILDING PERMITS IN THE FIRST FIRE ZONE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYEPTEVILLE, ARKANSAS: Section 1. Hereafter, the issuance of all permits for the construction of buil within the first fire zone shall have prior approval of the City Council. Section 2. The City Engineer shall submit all applications for building permits thin the first fire zone, together with his recommendations for approval or disapproval said permit, at the next meeting of the City Council following the filing of such plications Section 3. All ordinances or part's of ordinances in conflict herewith be., and .e same are hereby repealed, and this ordinance being necessary for the preservation of .e public health, peace and safety of the residents of the City of Fayettevilleian emeree ney is hereby declared -to -exist, and this ordinance shall be in full force and effect om and after its passage, approval and publication, PASSED AND APPROVED this 23rd day of April, Approved Attest: t c�*:eLLLz city Clark, 1951. Mayor A i delete "No Par to area" a9l lderman Pratt introduced an ordinance entitled AN ORDINANCE AUTHORIZING SEIZURE BY THE AYETTEVILLE POLICE DEPARTMENT OF ALL MOTOR VEHICLES ABANDONED ON THE STREETS OR ALLEYS F THE CITY AND PROVIDING FOR SALE 'TMEREOF, AND FOR OTHER PURBOSES. The'Ordinance was'read in -its entiret8'by City_Attorney-McAllister, and Alderman urge made a motion that all rules be suapended and the Ordinance passed, this motion was econded'by Alderman -Richardson, and -on roll call by the Clerk the -following vote was ecorded;'Ayes: Richardson, -Burge, MOGoodwin;"Pratt;-Willia*s,-Kinoaid,Heflin and Kent. ays:None. And the Mayor declared the Ordinance passed, as there were 8 Ayes and no Nays. COPY OF ORDINANCE N0. 997. AN ORDINANCE AUTHORIZEING SEIZURE BY THE FAYETTEVILLE POLICE DEPARTMENT OF ALL MOTOR VEHICLES ABANDONED ON THE STREETS OR ALLEYS OF THE CITY AND PROVIDING FOR SALE THEREOF, AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION I. Any motor vehicle abandoned on the streets or alleys of'the City of Fayettevilles Arkansas, -after reasonable,_investigation by.the Chief od Police to determin the fact of abandonments' shall be seized by any member of the Police Department, and if t. owner of such vehicle shall, within 24 hours -after being-h6tified, appear and claim his motor vehicle, it shall be returned upori'proper identification and proof of ownerdhip, an said owner shall be liable for all expenses incurred by the City of Fayetteville in the towing,storing, or handling of said vehicle. And if the owner -of any abandoned motor vehicle is unknown,the Chief of Police shall cause written notice to be published in some local newspaper by 2 insertions for a I of 2 weeks. If owner -ship is established after notice has been p6bt6dhadd published U the Chief of Police; said-motor-vehicle`shall-be returned to -the -owner thereof upon pa ment of allfor:, towing;•storingsfor hand_lingaof.'said .vehf6le` and the cost of postin and publishing notice. I* - SECTION 2. All abandoned motor vehigles, seized under Section One of this Ordi- nance, remaining unclaimed for a period of 30 days or more, shall be sold by the Chief of Police at public sale, after notice describing said motor vehicle and naming date of sale has been published in some local newspaper once a week for -4 c rr����e__c��tttive weeks, and the Rroceedscof said-sale� shall' first be applied to the payment ofn"sUo`Nage, posting and publi ing notices aiid adve sing sale , and the balance, if any , shall.be ttrned.over to the City Collector and held subject to the claim of the proper person. entitled thereto,who may apply therefor to the City Council within six months thereafter; and if_such person's rights t& the residue of the proceeds of said sale is'established,the City Council shall order the City Clerk to draw a warrant in favor of such person covering same. SECTION 3. No part od this ordinance shall be construed"as prohibiting anyone reclaiming an abandoned motor vehicle, upon proper proof•of ownership,before sale has }leen consumated in accordance with Section Two of this ordinance. SECTION 4. All ordinances and p@Xt0 of ordinances in conflict herewith are reby'repealed, and this_ordinance being necessary for the -protection of the -public peaci, alth, and safety, shall,take effect and be in force from and after its passage. PASSED AND APPROVED this 23rd day of April, 1951. �� " Attest: cry Clarke Alderman Richardson made a motion to deletetyk4,�6rtion of a motion passed by the Cou larch 26th, 1951, establishing a NO PARKING AREA, Viz: " NO PARKING ON THE EAST SIDE OF ;OLLECIE AVENUE FROM TRENTON'STREET TO- LAFAYETTE.STREET" . This motion was seconded by Al ian Kent, and was passed unanimously by the Council. ALDERMAN Pratt introduced an ordinance entitled, " AN ORDINANCE DEDICATING CERTAIN LYING IN SECTION 16, TOWNSHIP 16,N0RPH, RANGE 30 WEST TO THE CITY OF FAYETTEVILLE, SAS, FOR STREET PURPOSES." The Ordihnance was read in its entirety by Alderman Pratt,Alderman Williams made a tion that all rules be suspended and the Ordinance passed, this motion was seconded by derman TdcGoodwin, and on roll call by the Clerk the following vote was recorded;'Ayes: chardson, Burge, MCGoodwin,'Pratt, Williams, Kincaid, Heflin anduKent. Nays:None. Alderman McGoodwin made a motion that the emergency clause be adopted, this motio: ras seconded by Alderman Richardson, and on roll call by the Clerk, the following vote w lecorded;'Ayes: Richardson, Burge, McGoodwin, Pratt, Williams ,'Kincaids Heflin and Kent. fays':None. And the Mayor declared the emergency clause adopted, as•there were 8 ayes and Lo Nays; '370 COPY OF ORDINANCE N0. 998 AN ORDINANCE DEDICATING CERTAIN LANDS LYING IN"SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST TO THE CITY OF FAYETTEVILLE, ARKANSAS, FORSTREET-r3URP97SES:r3 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS Section 1. That'the following described route of State Highway 71,Section 16, in Fayetteville, Arkansas, as follows, to -wit:. Starting at the Northwest Corner of Lot 122 Block ll,Fergus6n1s Addition to the Ci of Fayetteville; thence North along the West line of Lot 12 and across the'West end of First Street and along the west line of Lot 7, Block 12, a total distance of 50 feet; thence due west 30 feet to a point of or near the centerline of School Street; thence du South along the center of School Street 710.4 feet to the centerline intersection of i School Street and Third Street; said centerline intersection designated as Station 0400 of SURVEY JOB No.9211 as surveyed by the Arkansas Highway Commission for a point of begi o pay 5.000 No.71 t of eter Beginning at Station 0-100 the above described point; thence due North along the' centerline of School Street 424.4 feet to Station 4+2.4.4; thence along a 20 degree curve right 449.5 feet to Station 8f73.9; thence N 89P'544 is --1315.5 feet to Station 11-pB9.4; thence along a20 degree curve left 359.3 feet to -Station 154.48,7; then 080 621E., 83.3 feet'to Station 16t32.0;thence along a 20 degree curve right 253.7'feet to Station 18+85.7; thence N 68 471E; 660.8 feet toStation251.46.5;"thence along a 20 degree left 289.4 feet to Station 26_43&.9;"thence N 10 54'E,148,Gfeet to an equation in ohainage•Station 29}80.5 Back -Station' -30+51.8 ahead; thence N 0 ftlW along or near the centerline of College Street 568.'!•feet to Station 36120.0 and the and of this centerline description. The right=of-way widths conveyed each side of the hereinabove described centerline are as follows: WIDPH TO LEFT WIDTH TO RIGHT TOTAL STATION TO STATION LIN.FT. OF CENTERLINE OF CENTERLINE WIDTH O*00;0 4+240'4`.: 4240'41 301 301 601 4-}240'4 64000-0 1750'61 301 P 50, Sol 64000'0!' 27Pr50.01 2150.0) 501 501 1001 7_50;0 291.00 150901 501 301 = Sol 9fi00.0 29-T80.5 80.5 Var. 301- 201 30+ Var.:a'.601- 501 Equation Station 29+80.5 Back _Station 30+51.8 ahead. Ot51.8 36120.0 568.21 .201 201 401 The above described land as shown outlined in red on the attached print., be, and the same is hereby dedicated and declared a public thoroughfare. SECTION 2. -That all ordinances and parts of ordinahces in conflict herewith are ereby repealed.- Section 3. Whereas, the convenience, welfare and safety of the traveling public emend that the route of said State Highway No.71 Section 16 through the City of Fayette ille, be changed to the route herein set forth and dedicated, an emergency is hereby de lared to exist and this ordinance being necessary for the preservation of the public eace, health and safety an emergency is hereby declared to exist and this ordinance she aka effect and be in full force from and after its passage and publications PASSED AND APPROVED on this 23rd day of April, 1951. Approved Attest ou . Mayor yL;.Leric Tderman McGoodwin made 6 -motion that -the City"pay into registry of the Circuit Court of ashington Countyj-Arkansas the sum of" $25 000.00", that being one=fourth (+) of -the mount fixed by said"Court-as"-s condition precedent to"the taking of land -necessary for he Highway 71 by-pass; that said payment be"mad'e out of the Street Fund and if said fund i.:: _.,u s insufficient, that monies from-sny other -funds of the City be borrowed and transferred o the Street Fund for -that purpose; to"bb repaid at the rate of $1,000 per month and 'ith accrued interest at the rate -of two and onewshalf (21) per cent"per annum,payable emi,,annually.•This motion was seconded by Alderman Williams, and was passed unanimously y the Council. Passed and approved this 23rd day of April, Approved Attest: Qt C y`C `arc lderman Kincaid made. a`motion that there is -hereby allocated out of the Parking Meter evenues the sum of $1,000 per month to be paid into the PARKING METER REVENUE BOND FUND of the City'og Fayetteville,Arkansas, for rap ayment'of-principalann ere& o on es m orrowed from other funds by the' Street Funds- This'motion was seconded by Alderman Mc- oodwin, and was passed unanimously by the Councils PASSED and APPRPVED this 23rd day of Aprils 1951. Approved Mayor Attest: C y Clark ' 1 i D; J.C,ol- lins Negrotia- to. To issue a X12,000 bond Offler of P.H.Burnett accepted Center Str pa I rking meiter exempt for S.Berry season 1 i 371 Tderman`MeGoodwin made -a-motion that D.J.Collins be designated as the negotiator for the ity in comnection with acquisition of -lands needed for Highway 71 by-pass; and that he bo aid- a ireaonable sum for his -services to -ba --determined by the Street Committee of the ouncil'; This motion was seconded by Alderman Williams, and was passed unanimously by the ouncil. PASSED and APPROVED this 23ra� of April, 19 Approved : Attest: ayor Q01ty cleric, lderman McGoodwin made emotion that -the Mayor and City'Clerk be authorized to issue a and in'the-sum--of $12000.00 as-'seourity for funds -borrowed from other BOND Cit Funds# aid bond to bear -interest at -.the -rate of 22% and to" be' payable at the rhe o , 0 or month -from Parking Meter-revenuesj,'this motion was seconded by Alderman Williams, nd was passed unanimously by the Council. The offer of P.H.Burnettt� -"sell to' -the -City for -the proposed Highway"Right-of-way f Highway'No.71 Fayeettenille gy pans# his property located"in Lot 12$ Block 29 of the riginal Town of Fayetteville;Arkansas for the sum of $6#500.00 was presented, and Aldem illibms made"a motion to-accept'the offer Df-P.H.Burnetts-this motion was seconded by lderman McGoodwin, and was passed unanimously by the Council. at The question of exempting West Center-"Streetsfirom Church Street to Locust Street rom parking meter regulations dureng the Strawberr seasonwas presented by the Mayor, and lderman Richardson made a motion that the request a granted and that the RETAIL MERCHAN' IVISION of the Chdfnber-•of•"Commerce be authorized to fix the date for the exemption to be n effect.This motion was seconded by Alderman Heflin and was passed unanimously by tha ouncil.. - There being no further busihes�jAlderman Richardson made a motion that the Counci: djourn subject'to CALL.,this motion was seconded by Alderman Kent and was passed unani- ously by the Council'; And the Mayor declared the Council adjourned subject to call. APPROVED ATTEST: Mayor (pity clark ayetteville City Council met ina called session,Mondays April 30, 1951. resent:Mayor Powell'M 'Rhea; City Attorney-A.D.MaAllisters Jr; and -Aldermen; Richardsons urge, McGoodwins'Pratt 2 Willismsj Heflin and Kent. Absent: Alderman Kincaid and City lark J.W.McGehee. Alderman McGoodwin�made a -motion -that- City- Attorney"A. D. McAllister act as City Clerk; his motion was seconded by Alderman Pratt and was passe d unanimously by the Council. The -Mayor stated -that the meeting -had been called for the purpose of consideringth roposal of several property owners to sell their property to the City for the proposed ght-of-way of Highway No.71 Fayetteville By-pass. ,.:'.: r, ' Alderman -Burge made emotion toaccept the offers to sell to the City of Fayettevi hat portion og their property'Vaken by the proposed right-of-way of Highway No.71 Fayet i11e By-pass State Highway Department Job No.9211,which property is designated on a map repared by the State Highway Department by T-RACT NUMBERS as follows: ract No.8B- Mary Bessie Blake .............. $ 600.00 act No 10- Harry C.Otwell and Lila M.Otwell ..:......... act No.14- Charles A Mitchell ... I ... ract No 17 A - Nell I Cox ......... .. ............. ... r act - No. 20 ract No. 21 - ract No. 21 - ract No. 25 u Ellison Berry Ross H.Seasley -Ross H.Seasley ... ................... 3,000.00 250.00 _50.00 4s250.00 ( 5,500.00 ) Henry Rochier .......... 119000.00 his motion was seconded by Alderman Richardson and was passed unanimously by the Counci There being no further businesss Alderman Kent made a motion to ad4ournssubject o CALL, this motion was seconded by Alderman Heflin, and was passed unanimo-4sly by the ounce=s and the Mayor declared the Council adjourned subject to CALL. Approved Attest•' „� Mayor Ac 9 y or .