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HomeMy WebLinkAbout1952-12-08 MinutesRESOLUTION NO.15-52, CONTINUED . That the 8th day of December, 19522be and the same is hereby fixed as the day set for hearing upon said Petition. . That the City Clerk of the City of Fayetteville, Arkansas;tie•and he is hereby directed to give notiva of such hearing by publication thereof once a week for two consecutive) asks in the Northwest Arkansas Times,a newspaper published in Washington County, Arkansas, nd having general circulation in the City -of Fayetteville, Arkansas. PASSED and APPROVED November 24, 1952. Approved Mayor Attest evr j+ City Cler There being no further business, Alderman Burge made a motion to adjourn, this motio as seconded by Alderman Hunt, and was passed unanimously by the Council, and the Mayor eclared the Council adjourned. ^_ /07 . Ap.proved Attest pi y Clark Fayetteville City Counctitl met in regular session, Monday, December 8, 1952. resent: Mayor Powell M.Rhea, City Clerk J.W.McGehee, City Attorney A.D.McAllister, City ngineer John Mahaffey, City Auditor Harold Zick, Fire Chief Burl Skelton,and Aldermen: ichardson, Burge,Pratts Williams, McAllister, Heflin and Kent. Absent;Alderman Hunt. Who later appearedc) Minutes of the regular meeting of November 24th.were read and approved* this time the bids on the 11 tracts of land along the High -ways'... lb By-pass were ch showed the following bids were-submittede Cract No.l Austin FAtzgerald .............. $201.50 ................. Tract No. 2 (No bid) Tract No.3 .............. E.E.Powers ................... 501.00 Tract No. 4 ............ E.E.Powers .... ............ 201.00 Tract No. 5 ................ E.E.Powers ,,,............... 66,00 Tract No. 6 (No bid) Tract No. 7 ................ Harry Lyons ......................319.19 Tract No. 8 (No bid) Tract No. 9 A.M:Behl .:.................... 500.00 ................ Tract No.10 ................ Ross H.Seasley ................... 62.00 Tract Noll (No bid) Tracts No 1 through 11 .......Albert P.Combs (All tract$ ..... $800.00 Tracts No 1 through 11 .......J,K,Gregory (All Tracts ) 860.00 Alderman Burge made a motion that the bids of the following be accepted: E.E.Powers on tract No932 for $50_1.00 __00 E.E.Powers on tract No.42 for E.E.Powers on tract No 5 for 66.00 Harry Lyons on tract No 7 for 319.19 A.M.Behl on tract No. 9 for 500.00 Ross H.Seasley Tract No.lO,for 62.00 And that the following bids be rejected: Austin Fitzgerald on tract No. 1 for $201.50 A.P.Combs on all tracts $800.00 J.K.Gregory on all tracts.044446669904B 60.00 And that tracts Noe 1,20638 and 11 be re -advertised, this motion was seconded by Alderman Pratt and was passed unanimously by the Counctle S ! 1 1 ,. 4711 jhe City Attorney introduced "AN ORDINANCE TO ABANDON A PORTION OF YEATER AVENUE IN THE CITY 00 FAYETTEVILLE,ARKANSAS, LYING BETWEEN EAST DICKSON ST REET AND EAST LAFAYETTE ST REE 'The Ordinance was read in its entirety by the City"Attorney,And alderman Kent made a motion that the rules be suspended and the Ordinance placed on its second reading, this motion was seconded by Alderman Pratt and was passed unanimously by the Council. The City Attorney then read the Ordinance the second time, and after discussi&n, ilderman Burge made a motion that the rules be further suspended and the Ordinance placed oIn its third and final reading, this motion was seconded by Alderman Kent and was passed unanimously by the Council. The City Attorney then read the Ordinance the third,and final time. The Mayor then put the question "Shall the.Ordinance pass:?",and on roll call by the Clerk the following vote was recorded:.Ayes:Richardson, Burge, Pratt, Williams, McAllister, Heflin and Kent. Nays:None. Absent and not voting:Alderman Hunt. And the Mayor declared the Ordinance passed, as there.wer6N7 ayes and no nays. COPY OF ORDINANCE NO. 1039 AN ORDINANCE TO ABANDON A PORTION OF YEATER AVENUE IN THE CITY OF FAYETTEVILLE ARKANSAS,LYING BETWEEN EAST DICKSON STREET AND EAST LAFAYETTE STREET. WHEREAS, a petition was duly filed with the City Council of the City of Fayett vlille, Arkansas, on the 10th day of November, 19529 asking that said City Council vacate and abandon 4� that portion of Yeater Avenue lying between East Dickson Street and East Lafayette Street; and WHEREAS, the abutting lots 'affected are lots 2 and 3 of Block Eleven (11) in he Masonic Addition to the City of Fayetteville, Arkansas,which now have become Lots 1,2,394,526 and 7 in Block 1, and Lots 1,2,3,4,5,6 and 7 in Block 2 , of McIlroy's Additi too the City of Fayetteville, Arkansas, having been heretofore duly accepted by the Fayett Ville City Council; and WHEREAS, after due notice .as required by law, the City Council has at the tit place mentioned in the notice heard all persons desiring to be heard on the question has ascertained that the portion of t'he Street hereinabove described was heretofore icated to the public use as a street; that the descrmbed portion of said street never been opened and that the public interest and welfare will not be adversely affected the abandomment of said street; NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE* Section 1. The City of Fayetteville, Arkansas, hereby releases, vacates and abandons all its rights, together with the rights of the public generally,in and to thAt portion of Yeater Avenue, lying between East Dickson Street and East Lafayette Street, reserving unto said 6ity of Fayetteville an easement over and across the above described street for construction and maintenance of public utility^lines. SECTION 2. A copy of this Ordinance duly certified by the City Clerk shall be filed in the office of`the Recorder of said County and recorded in the deed records of County. laid SECTION 3. This Ordinance shall take effect and be in force from and after it assage. PASSED and APPROVED this 8th day of December, 1952. Approved ATTEST: '� 'Mayor y Clerk Est.No.l �he Engineer's Estimate No.l for construction work done on the new 6 -inch water line for water running north from Fayetteville by the Tune Cibnstruction Co.,amounting to $8,581.`was line on presented, Alderman Kent made a motion that the Estimate be approved, this motion was N.71 H -Way seconded by Alderman Richardson, and was passed unanimously by the Council. Alderman Kent reported that the bills had been audited and signed, and made a motto: that they be allowed as apprmved, this motion was seconded by Alderman Heflin and was passed unanimously by the Council. Sidewalks Alderman Burge made a motion that the City Engineer be authorized to proceed onl Garland with the construction of the sidewalks on the east side of Garland Avenue from Cleveland Ave. street to Hughes Street, this motion was seconded by Alderman Williams and was passed unanimously by the Council* Alderman Williams made a motion that the City Engineer be,authorized to ask fo Sidewalks lids for construction of a sidewalk on the North side of Sixth Stheet(Wall Street) betwee. on Well St. i ill Avenue and the Frisco Railroad track, this motion was seconded by Alderman Richardso. d was passed unanimously by the Council. At this time Alderman Hunt appeared, and his presence as a member of the A1d.Hunt Council,was noted by the Clerk. appeared _ The Mayor reported that he had a proposal from Dwight Islay, in which Mr.Isley Dwight to donate a strip of ground 12 feet wide across hibs property on East North Street Isley ,agreed For the purpose of widening the Street; if the Council would agree to rebuild his fence a Agreement prepare proper!-dr.ainaBefor the protection of his property, Alderman Heflin made a motion that the uuuncil accept his proposal and that the Mayor be authorized to sign the agree - Tent, this motion was seconded by Alderman Pratt, and was passed unanimously by the Council. 1st FireI The recommendation of the State Rating and Inspection Bureau in regard to extend - Zone on ing the First Fire Zone to include the Highway 71 By-pass was presented, and Alderman 71 -By-pass Kent made a motion that it be referred to the Planning Commission for their recorrunendatio motion was seconded by Alderman Heflin, and was passed unanimously by the Council. This re -a£- The Mayor reported that he had a letter from the Alcohol Control Board stating--_;that:;the m Res- had the application of E.R.Striekland for a Liquor Permit which was endorsed six six tion members of the City Council, and since they had a RESOLUTION on file requesting that erence the number of Liquor Permits not be increased from the present number, they would like Liquor for the Council to clarify their position on the matter, after discussion , Alderman its chardson made a motion that the Council re -affirm the RESOLUTION on file with the t. avenue Department, this motion was seconded by Alderman Hunt, and on roll call by the Clerk, the following vote was recorded; Ayes: Richardson, Hunt and Williams. Nays:Burge, Pratt, McAllister, Heflin and Kent. And the Mayor declared the motion lost, I s there were 3 Ayes, and 5`1days. .l There being no further business, Alderman Richardson made a motion to adjourn Mill 4:00 O'Clock P.M., Monday 15th of December, this motion was seconded by Alderman eflin, and was passed unanimously by the Council, and the Mayor declared the Council adjourned till 4:00 P.M.December 15th. Approved Attestayor :�� y erg The Council of the City of Fayetteville in the County of Washington, State of Arkansas. m OURN- pursuant to adjournment from its-regAlar session of December 8th, 19528at 4 O'C1ock,P.M. ing on the 15th day of December31952. The meeting was called to order by the Mayor,and the roll being called, there were Present:.Powell M.Rhea,Mayor,in the chair,and the following named Aldermen: Richardson, Burge, Hunt, Pratt, Williams, McAllister, Heflin 'and Kentoand City Clerk - J.W.McGehee, City Attorney A.D.McAllister, City Engineer John Mahaffey,City Auditor Harold Zick and Fire Chief Burl•Skeltdn. The Mayor stat6,d that consideration should be directed by said Council to the ques f the passage ;4d adoption of an Ordinance to authorize the issuance of additional 'Pate Revenue Bonds for the purpose of constr1cting betterments and improvements to the Munici Water System of Fayetteville, Ar4ansas. " After discussion by said Council,Alderman Pratt introduced in writing an ordinance ntitledi "'AN ORDINANCE AUTHORIZING THE ISSUANCE OF ADDITIONAL WATER REVENUE BONDS FOR HE PURPOSE OF CONSTRUCTING BETTERMENTS AND IMPROVEMENTS TO THE MUNICIPAL WATERWORKS YSTEM, SETTING UP A FUND FOR THEIR PAMIENT, AND DECLARING AN EMERGENCY", and moved that he same be read in full. The motion being seconded by Alderman Kent, the question was ut by the Mayor.on.the admption of said motion, and the roll being called, the followin oted: Aye* Richardson., Burge, Hunt, Pratt, Williams, McAllister, Heflin and Kent Nays:None..Whereupon the Mayor declared the motion duly passed and ordered that aid ordinance be read The Mayor "systed that since D.P.Raney was present and was familiar with the ordin e had kindly consented to read the Ordinance. Said Ordinance was then read in full by D.P.Raney.° Alderman Williams then moved that the rule requiring an ordin ncec)or::resoliition e read in full on three different days be suspended and that said Ordinance be placed n its second reading, seconded by Alderman Richardson, and thereafter the Mayor put the uestion on the adoption of said motion,and the roll being called, the following voted: Aye: Richardson, Burge, Hunt, Pratt, Williams, McAllister, Heflin and Kent. Nays:None. Whereupon, the Mayor declared the motion duly passed and said Ordinance laced on its second reading. The Ordinance was`then read by D.P.Raney. Alderman Richardson moved that the rules be further suspended and the Ordinance aced on.its third and final reading. This motion was seconded by Alderman Burge, and ereafter the Mayor put the question on the adoption'of said motion,and the roll being lled, the _following voted: Aye: Richardson, Burge, Hunt, Pratt, Williams, McAllister, Heflin anduKent. Nays:None. Whereupon the Mayor declared the motion duly carried. ion W Said ordinance was read in full by D.P.-Raney, Alderman Pratt moved its adoption,and fter due consider ation,�thereof by said Council, the Mayor put the question upon the adop- ion of said motion.and';upon the passage of said ordinance,and the roll being called,the ollowing voted: Aye:.Richardson,Burge,Hunt,Pratt,Williams,McAllister,Heflin.and Kent, Nays:None. Whereupon the Mayor declared said motion duly -adopted and said ordinance uly•passed,and.signed his.approval to said ordinance;same attested by the City Clerk an'I mpressed with.the seal of said City.. Alderman Burge then moved that said ordinance go into immediate operation and become effective without delay because'of the emergency declared in the final section of said ordinance,which section was read in full,seconded by Alderman Pratt. The Mayor put the question on the adoptiow of said motion, and the roll being called,the following voted: Aye: Richardson,Burge, Hunt,'Pratt, Williams, McAllister, Heflin and Kent. Nays:None. Whereupon the Mayor declared said motion duly passed. (Copy of Ordinance follows on page 473)