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HomeMy WebLinkAbout1953-05-18 Minutes12 etteville City Council met in regular session, Monday, May ent: Mayor Powell M.Rhea, City Clerk 7.W.McGehee,City Attorney A.D.McAllister, City neer John Mahaffey$ City Auditor Harold Zick, City Building Inspector Harold Lieberene, Chief Burl'Skelton, and Aldermen : Richardson, Burge, Hunt,.Pratt, Williams, McAllister, in and Kent. The Ordinance to.iainend the Zlning Ordinances which was tabled at the regular meetin, dinanceof May 4th,was called up by the Mayor, but he stated that he had received letters from ken up 4ohn T.Caldwell, President of the University and the Sigma Chi Fraternity asking that m tablelurther action In the Ordinance be, postponed till after the meeting of the Board of Trist of the University on June 6th. Alderman Richardson made a motion that the Ordinance be to up from the tables this motion was seconded by Alderman Pratt, and was passed unanimously by the Council. Alderman Richardson then made a motion that the Ordinance be referred to the Plan- ning Commission for ,further study and recommendation, this motion was seconded by Alderma Williams, and was passed unanimously by the Council. No 1 The City Engineer presented tatimate No.l for construction work on the Water Line from Lake Fayetteville to the Filter Plant on Mt.Sequoyah by Culver & McGu a amo rltin t 18736' ? 85,873.68, AIcterman Willi-ams!lmede;.a1 motion;. thatzthe:_Est mate ;bed app.rov.eds.r is, mo�ion. as tseconded;,15,v, Alderman McAllister, and was passed unanimously by the Council; The City Engineer presented the final estimate and certificate for work at the City Hospital by the Fayetteville Floor Company amounting to $1,287.081- Alderman Kent mad al a motion that the account be approved, this motion was sdconded by Alderman Heflin, and w C.Hosp passed unanimously by the Council. City Building Inspector presented the application of Goff-McNair.for a building permitcfor abuilding on a used car lot on North College Avenue, Alderman Burge made a motion that Building Permit No.1013 be issued to Goff -McNair, this motion was seconded by 1''lderman Richardson ,-and was passed unanimously by the Council. The City Attorney -presented a Resolution directing Ahe City Clerk to publish otice of a hearing on the petition of Vera Noll and C.R.Gilbreath to close a part of aple Street and apart of Read Avenue in Mountain View Addition to be held to June 1st, 953, Alderman Williams made a motion that the Resolution be adopted, this motion was econded by Alderman Kent and was passed unanimously by the Council. iCOPY OF RESOLUTION NO. 11-53 WHEREAS, it appears that the petition of Vera Noll,C.R.Gilbreath and Helen Gilbre o vacate all that portion of Maple Street between Read Avenue and Prospect Avenue in Mou iew Additiln to the City of Fayetteville, Arkansas,and to vacate all that portion of Rea venue between Company Street and Maple Street in Mountain View Addtion -yo the City of ayetteville, Arkansas, and to vacate all that portion of Read Avenue between Maple Stree nd Vinson Street in East Mount Addition to the City of Fayetteville,Arkansas, and Whereas,it appears that this is the fourth regular meeting of the City Council lowing the filing of said petition; NOW,THEREFORE, BE IT RESOLVED: 1. That the 1st day of June,19530 be and the same is hereby fixed as the day set or hearrngrupgn said petition 2. That the City Clerk of the City of Fayetteville, Arkansas be and he is hereby irected to give notice of such hearing by publication thef'eof once a week for two (2) onsecutive weeks in the Northwest Arkansas Times, a newspaper published in Washington ounty, Arkansas, and having a general circulation in the City of Fayetteville, Arkansa: 3. That the City Clerk of the City of Fayetteville.. Arkansas, be and he is here tirected to cause an abstracter's certificate as to the record owners of the Lots abutt ipon that portion of said streets sought to be vacated to be attached to said petition rior to the date set for hearing thereon. PASSED and APPROVED this 18th day of May, Approved Attestdayor •C6tty C er The City Attorney introduced " AN ORDINANCE VACATING THAT PORPEON OF AN ALLEY TWENTY (20)FEET IN WIDTH RUMNING EAST AND WEST A DISTANCE OF TWO HUNDRED FIFTY (250) FEET BETWEEI UPS TWELVE 111-2) TO SIXTEEN (16)9 INCLUSIVE, ON THE NORTH, AND LOTS 014E (1) TO FIVE (5), CLUSIVE, ON THE SOUTH, ALL IN BLOCK THREE (3), OF THE MOUNTAIN VIEW ADDITIEN TO THE CIn FAYETTEVILLE, ARKANSAS, AND FOR OTHER PURPOSES." The Ordinance was read in its entirety by the City Attorney, Alderman Burge made a motion that the rules be suspended and the Ordinance placed on its second reading, this \motion was seconded by Alderman Kent and was passed unanimously by the Council. The City Attorney,then read the Ordinance the second time, and after discussion, 'Alderman Burge made a motion that the rules be further suspended and the Ordinance placed on its third and final reading, this motion was seconded by Alderman Richardson, and was assed 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, Hunt, Pratt, William; McAllister, Heflin and Kent. Nays:None. And the Mayor declared the Ordinannce passed, as there were 8 ayes, and no nays. M tth, a' E CI I 13 COPY OF ORDINANCE NO. 1051 AN ORDINANCE VACATING THAT PORTION OF AN ALLEY TWENTY (20) FEET IN WIDTH RUNNING ST AND WEST A DISTANCE OF TWO HUNDRED FIFTY FEET (250) BETWEEN LOTS TWELVE (12) TO XTEEN (16), INCLUSIVE,ON THE NORTH,AND LOPS ONE (1) TO FIVE (5), INCLUSIVE, ON THE SOUTE2 $ L IN BLOCK THREE (3), OF THE MOUNTAIN VIEW ADDITION TO THE CITY OF FAYETTEVILLEARKANSA ,, D FOR OTHER PURPOSES. WHEREAS, a Petition was duly filed with the City Council of the City of Fa-yette :ansaa,on the let day of April, 19533 asking the City Council to vacate and abandon a .t portion of an alley designated on the plat of the Mountain View Addition to the Ci Fayetteville, Arkansas, as same appears platted in the offive of the Circuit Clerk .a Officio RecoPder for Washington County, Arkansas, and WHEREAS, after due notices as required by law, the City Council has,at the time and place mentioned in the notice, heard all persons desiring to be heard on the question and has ascertained that the portion of the alley hereinbefore desribed has heretofore >een dedicated to the public use as an alley; has not been actually used by the public ;enerally for a period of at least five (5) years subsequent to the filing of the plat; ghat all of the owners of the property abutting on the portion of said alley sought to be vacated have filed with the City Council their written consent to said abandonment; tha§1 ;he public interest and welfare will not be adversely affected by the abandonment of said alley. JOW, THEREFORE, BE IDT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1. The City of Fayetteville, Arkansas,hereby releases, vacates,and abandons all its right, together with the rights of the public generally, in and to that portion Df an alley designated as follws: That portion of an alley twenty (20) feet in width running east and west a distance of two hundred fifty (250) feet between Lots Twelve (12) to Sixteen (16,),,inclusive2 on the north,and Lots One (1) to Five (5), inclusiveson the south, alliin Block Three (3) of the Mountain View Addition of the City of Fayetteville.. Arkansas, as the same is now platted in the office of the Circuit Cldrk and -Ex -Officio Recorder for Washington County, Arkansas, reserving unto said City of Fayetteville a right- of-way over and across said portion of said alley for construction, installation and mai'- temance of all public utilities. Section 2. A copy of the Ordinance duly cdrtif*ed by the City Clerk shall be filed in the office of the Recorder of the County, and recoz4d in the Deed Records of the County. Section 3. This Ordinance shall take effect and be in force from and after its passage. PASSED AND APPROVED this 18th day of May, Approved Attest :� �ik � Mayor y er The City Attorney introduced "AN ORDINANCE VACATING THAT PORTION OF AN ALLEY FIFTEEN (15) FEET IN WIDTH RUNNING EAST AND WEST A DISTANCE OF ONE HUNDRED SEVENTY (170 FEET AND LYING BET4JEEN LOTS EIGHT (8),Nine (9),AND TEN (10) ON THE SOUTH AND LOT ELEVEN' ON THE NORTH,IN BLOCK NINE (9) IN THE CITY PARK ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AND FOR OTHER PURPOSES." The Ordinance was read in its entirety by the City Attorney, Alderman Williams made a motion that the rules be suspended and the Ordinance placed on its secondereadin. this motion was seconded by Alderman Kent and was passed unanimously by the Council* The City Attorney then read the Ordinance the second time, and after discussi Alderman Burge made a motion that the rules be further suspended and the Ordinance plac on its third and final reading, this motion was seconded by Alderman Heflin, and was pa unanimously by the Council. The:,Ci.ty.TAttorney 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, Hunt, Pratt, Williams, McAllister, Heflin and Kent. Nays :None. And the Mayor declared the Ordinance passed, a there were 8 ales, and no nays. COPY OF ORDINANCE NO. 1052 sed ORDINANCE VACATING THAT PORTION OF AN ALLEY FIFTEEN (15) FEET. IN WIDTH RUNNING EAST AND •TEN (10)NON TI;EOSOUTHTANDDLOT EILEVENl(O11i) ONTTHE NORTHGIN BLOCKN NO4ES (9)IN(THENCITY(9)s K ADDITION TO THE CITY OF FAYETTEVILLE,ARKANSAS, AND FOR OTHER PURPOSES. WHEREAS, A PETITION was duly filed with the City Council of the City of Fayetteville, ansas,on the 6th day of April, 19532 asking the:City Council to vacate and abandon all t portion of an alley designated In the plat of the City Park Additiitin to the City of etteville, Arkansas, as the same appears platted kn the office of the Circuit Clerk and Officio Recofder for Washington County, Arkansas, and WHEREAS, after due notices as regiJired by law, the City Council has,at the time ind place mentioned in the notice, heard all persona desiring to be heard on the questior and has ascertained that the portion of the alley hereinbefore described has heretofore >een dedicated go the public use as an alley; has not been actually used by the public ;enerally for a period of at least five (5) years subsequent to the filing of the plats ;hat all of the ownpr.s,pfotherproperty abutting on -Ahe portion of said alley sought to be iacated have filed with the City Council their written consent to said abandomment;and ;hat the public interest and welfare will not be adversely affected by the abandonment :)f said alley. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARI 4NSAS: Section 1. The City of Fayetteville, Arkansas hereby releases, vacates,, and abandi all its right; together with the rights of the public generally,in and to that portion o: an alley designated as follows: That portion of an alley fifteen (15) feet in width ruru east and west a distance of One Hundred Seventy (170) feet and lying between Lots Eight Nine (9)sand Ten (10) on the South, and Lot Eleven (11) on the north, in Block Nine `9) the City Park Addition to the City of Fayetteville, Arkansas, as.; -s me is now platted in office of the Circuit Clerk and Ex -Officio Recorder for Washington county, Arkansas.sser unto said City of Fayetteville a right-of-way over and across said portion of said alley vacated for construction, 8), 1 I0- I !Ordinance No. 1052 continued) allation and maintenance of all public utilities. i Section 2. A copy of the Ordinance duly certified by the City Clerk shall be filed' the office of the Recorder of the County, and recorded in the Deed Records of the County. Section 3. This Ordinance shall take effect and be in force from and after its pass PASSED AND APPROVED this 18th day of May, 1953. Approved Attest ; /' uy ayor q�ty Clerk Fhe Petition of Rachel, Kathryn and Bess Oliver, Chester and Ka Lean Neudling,J S� C. and Elsie -Dellinger, Thorgny C and Rosemary Carlsoni;and Henry & Laura Jane insky as presented, asking the City Council to vacate and abandon a 15 foot alley running north from Maple Street to an unnamed road ( now as either West Douglass Street or Cardwell Lane ) as desiInated on the revised plat of Oliirer Addition to Fayetteville, Arkansas,Alderman Kent made a motion that the petition be referred to the Planning Com- mission, f6r recommendation, this motion was seconded by Alderman Richardson, and was passed unanimously by the Council. Alderman -'Burge made'a mot:Von that the Mayor and City Clerlj be authorized to negotiates. contract with Otho Tackett"that would allow him to pay for the"construction of asidewalk in front of his property and for the construction of a retaining wall in front of his property, if the City chooses to'build the wall, this motion was seconded Py Alderman Williams, and was passed unanimously by the Council. Alderman Kent reported the bills had been audited and signed,`and made a m, ion that they be'a�aoweddas approved, this motion was seconded by Alderman Richardson, nd was passed unanimously by the Council. There being no further business, Alderman Richardson moved to adjourn, sec Alderman Kent, whic#.iwas passed unanimously by the Council,•and the Mayor declared t nc31 adjourned. Approved Attest Mayor - i y Clerk Fayetteville City Council met in regular session, Monday, June 1, 1953. Present: Mayor Powell M.Rhea, City Clerk J.W.McGehee, City Attorney A.D.McAllister, Assist- Iant City Engineer Clyde T.Everett, City Building Inspector,fssjstaiittpity Auditor Marvin Easely, Fire Chief Burl Skelton and Aldermen: Richardson,Burge, Hunt, Pr�/tt, Williams, McAllister, Heflin and Kent. y N f -� nutes of the regular meeting of IvTay 18th, were read and approved. The City Attorney introduced aan Ordinance entitled " AN ORDINANCE VACATING THAT iRTION OF READ AVENUE BETWEEN COMPANY STREET AND MAPLE STREET IN MOUNTAIN VIEW ADDITION; ID VACATING THAT PORTION OF READ AVENUE BETWEEN MAPLE STREET AND VINSON STREET IDI EAST UD]T(.AI�ITIONo ALL IN THE CITY MF FAYETTEVILLE, ARKANSAS, AND FOR OTHER PURPOSES." The Ordinance was read in its entirety by the Cibty Attorney, Alderman Williams made a -motion that the Ordinance pass, and on roll call by the Clerk the following vote was recorded: Ayes: Richardson, Burge, Hunt, Pratt, Williams; McAllister, Heflin and Kent. Tlays:None. And the Mayor declared the Ordinance passed, as there were 8 ayes, and o nays. COPY OF ORDINANCE N0. 1053. AN ORDINANCE VACATING THAT PORTION OF READ AVENUE BETWEEN COMPANY"ST'REET AND MAPLE ST RE'. IIN MOUNTAIN VIEW ADDIT ION; AND VACATING THAT PORTION OF READ AVENUE BETWEEN MAPLE STREET AND VINSON STREET IN EAST MOUNT ADDITION, ALL IN TIS CITY OF FAYETTEVILLE, ARKANSAS,AND OR OTHER PURPOSES. -WHEREAS, A petition was duly filed with the City Council of the City of Fayette rkansas,on the 20th day of April, 1953,asking the City Council to vacate and ahandon al that portion of Read Avenue between Company Street and Maple Street, as designated on th plat of Mountain View Addition to the City of Fayetteville, and all that portion of mead !Avenue between Maple Street and Vinson Street, as designated on the plat of East Mount (,AAddition to'the City of Fayetteville, Arkansas, as same appear in the office of the Cir- �cuit Clerk and Ex -Officio Recorder for Washington County, Arkansas, and Whereas, after due notices as required by law, the City Council has,at the time nd place mentioned in the notice, heard all persons desiring to be'heard on the questio nd has ascertained that the portion of the street hereinabove decribed has heretofore b educated to the public use as a strebt, has not been actually used by the public genera or a period of at least five (5) years subsequent to the filing of the plat; that all o he owners of the property abutting on the portion of said street- sought to be vacated h ave filed with the City Council their written consent to said abandonment-, and thaf�pub nterest and welfare will not be adversely affected bythe abandonment of said street. ,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: SECTION 1. The City of Fayetteville, Arkansas, hereby releases, vac at es, and abandons al its right, together with the rights of the public generally, in and to that portion of Rea Avenue between Company Street and Maple Street in Mountain View Addition to the City of Fa etteville.9 Arkansas,and that portmon of Read Avenue between Maple Street and -Vinson Street inlEast Mount Addition to the City of Fayetteville, Arkansas,as same are now platted in.th office -of the Circuit Clerk and Ex -Officio Recorder for Washington County, Arkansas,resery unto said City of Fayetteville, Arkansas, its successors and assigns an easement or right way on, over, under and across the portion of said streets hereby vacated for the purpose constructing,installimg,laying and relaying, relocating and maintaining all publip utiliti now located or which may hereafter be located upon said vacated streets by said City or an' corporation having a franchise or right of way from said City* lle, • •