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HomeMy WebLinkAbout1954-06-21 Minutes54 seconded by Alderman.Heflin, and was passed unanimorisly by the Council, and the Mbyor eclared the Council adjourned, and stated the next meeting vroyld be 'June 21, 1954. Approved _--JG/ 5 Attest ; A or alty Clerk Fayetteville City Council met in regular session , Monday, June 21, 1954. Ppesent:ITayor Pro -tem Webb H.Williams, City 11lerk J.W.LIcGehee, City Attorney A.D.P.TcAllistr, City Engineer W.C.Smith, City Building inspector Harold Lieberenz,Assistan City Auditor Albert Jones,Police'Chief Pearl Watts, and Aldermen: Richardson, Burge, Hunt, Pratt, MpAllister, Heflin and Alexander. Absent: Mayor Roy A.Scott. Minutes of the regullar meeting of June 7th, were read and approved. lderman Richardson introduced "AAT ORDINANCE WHEREBY THE CITY OF FAYETTEVILLE OF TIE ST, AE F ARKANSAS AND THE SOUTHWESTERN BELL TELEPHONE COHPANYi A MISSOURI CORPORATION,AGc IE TF I HE TELEPHONE COMPANY SHALL CONTINUE TO OPERATE ITS TELEPHONE SYSTEM AND ALL BUSINESS INS IDEDTTAL TO OR CODTNECTED WITH TIE CONDUCTING OF A TELEBHONE BUSINESS AND SYSTEM !NI-SA.TD TTY,AND ERECT;AND MAINTAIN ITS PLANT CONSTRUCTION AND APFURTENANCES ALONG,ACROSS ,ON,OVEI, HROUGH,ABOVE AND UD,DER ALL PUBLIC STRF172S3AVENUES3ALLEYS3PUBLIC GROUPIDS AND PLACES IAT SII ITY,THAT THE CITY SHALL RECEIVE ADT ANNUAL PAYMENT FROM THE TELEPHONE COMPANY,AND REPEALIIII LL ORDINANCES AND AGREEMENTS IDT CONFLICT HEREWITH. The Ordinance was read in its entirety,and Alderman Richardson made a motion that he rules be suspended and the Ordinance placed on its second reading, this motion was econded by Alderman Alexander and was passed unanimously by the Council. The Ordinance was then read the, second time and after discussion,Alderman Heflin ade a motion that the rules be further suspended and the Ordinance placed on its third nd final reading, this motion was seconded by Alderman Richardson, and was passed unan- imously by the Council. The Ordinance was then read the third and final time. he Mayor then put the question" shall the Ordinance pass"?, and'on roll call by the Clerk, khe following vote resulted: Ayes: Richardson,Burge, Hunt, Pratt, MCAllister,Heflin and lexander, Nays:None. And the Mayor declared the Ordinance passed, as there were 7 Ayes, d no nays. COPY OF ORDINANCE ATO. 1064 act AN ORDINANCE 1JFHEiREBY THE CITY 09 FAYETTEVILLE OF THE STATE OF ARKkNSAS AND THE SOUTHWESTERN BELL TELEPHONE COMPANY,A MISSOURI CORPORATION AGREE THAT THE TELEPHONE CO1..1- PANY SHALL CONTINUE TO OPERATE ITS TELEPHONE SYSTEM AND ALL BUSINESS INCIDELTAL TO OR ONNEXTED WITH THE CONDUCTING OF A TELEPHONE BUSINESS AND SYSTEM IN SAID CITY, AND ERECT %ND MAINTAIN ITS PLANT CONSTRUCTION AND APPUIUEATANCES ALOITG,ACROSS,ON,OVER,THROUGH;ABOVE DTD UNDER ALL PUBLIC ST REETS,A�JENUES,ALLEYS ,PUBLIC GROUNDS AND PLACES IAT SAID CITY,THAT HE CITY STALL RECEIVE AN ANIMAL PANT FROM THE TELEPHONE COI,.IPANY,AND REPEALING ALL ; RDINANCES AND AGREE1MENTS IDT CONFLICT HEM11ITH. BE IT ORDAINED BY TIE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS THAT: SECTION 1. The Southwestern Bell Telephone Company,its sucessors and assigns (Herein referred to as "Telephone Company")shall continue to operate its telephone syste. and all business incidental to,or connected with conducting of a telephone business and system in the City of Fayetteville,State of Arkansas,(Herein referred to as"City"). 'he Plant construction and appurtenahces used in or incident to the giving of telephone service and to the maintenance of a telephone business and system by the Telephone Company Ln said City shall remain as now constructed,subject to such changes as may be considered necessary by the City in ghe exercise of its inherent powers and by the Telephone Company Ln the conduct'of its business,and said Telephone Company shall continue to exercise itsl right to place, remove,constrmct and reconstruct,extend and maintain its said plant and appurtenances as the business and purposes for which it is or may be incorporated may from time to time require along,across,on,over,through, above and under all the public streets, avenues,alleys,and the public grounds and places within the limits of said City as the same from time to time may be established. SECTION 2.The Telephone Company shall pay the City the sum of $5,300.00 on the 1st. Say of July,19543for the period July 1,1954, to June 30,1955,inclusive2and a like sum dmLu- ally thereafter of a like period on the lst day of July,1955,and 1956, being a term of three years ending June 30,1957,and for successive terms of like duration,unless within four (4) months prior to the expiration of the initial term or of the successive terms ending on each three year anniversary following the expiration of the initial term sixty (60) days written notice is given by one party to the other of its intention to terminate the same at the expiration of the then current three year term, it being expressly underT stood that each three year term provides for three annual payments; said payments to be n lieu of all other licenses, charges fees or 'impositions other thane the usual general or special,ad valorem taxes which might be imposed by the City under authority conferred by law, the Telephone Company shall have the privilege of crediting such sums with any unpaid balance due said Company for Telephone Service rendered of facilities furnished to said ,",ity. SECTION 3. The Telephone Company on the request of any person shall remove or rai e or lower its wires temporarily to permit the moving of houses or other structures. Che expense of such temporary removal, -raising or lowering of wires shall be paid by the party or parties requesting the same, and the Telephone Company may require such payment in advance. The Telephone Company shall�be given not less than forty-eight hours advance notice to arrange for such temporary wire changes. SECTION 4. Permission is hereby granted to the Telephone Company to trim trees pon and overhanging streets, alleys,sidewalks'and public places of said City so as to revent the branches of such trees from coming in contact with the .vires and cables of t elephone Company, all the said trimming to be done under the supervision and direction f any City official to whom said duties have been or may be delegated. C z CI • • • 554 SECTION 5. Nothing in this Ordinance contained shall be construed to require or permit any electric light or power wire attachments by the Ciyy or for the City.If light power attachments are desired -by the City or for the City, then a seperate non -contingent agreement shall be a prerequisite to such attachments. SECTION 6. Nothing herein contained shall be construed as giving to the Telephone Company any exclusive privileges,nor shall it affect any prior or existing rights of the Ire elephone Company to maintain a telephone system within the City. SECTION 7. All other ordinances and agreements 'and parts of ordinances and agree- ents relating to the operating of or right to operate a telephone system within said Cit, hereby repealed. SECTION B. The said Telephone Company shall have sixty (60) days from and after i assage and approval to file its written acceptance of this ordinance with the City Clerk d upon such acceptance -being filed,ths ordinance shall be considered as taking effect d being in'force from and after the date of its passage and approval by the Idayor. ADOPTED this 21st day of June; 1954. oe Approved / ll.1ayo Pro- e �KtAttest ; - _t/ y Clerk The City Attorney introduced "AN ORDINANCE VACATING AN ALLEY RUNNING EAST A EST BETWEEN LOTS TWENTY-SEVEN AND THIRTY IN E:[TENSION NO.OATE,TO HOPZ SUB -DIVISION OF T IT Y OF FAYETTEVILLE, ARKANSAS". The Ordinance was read in its entirety,*and Alderman Richardson made a moti hat the rules be suspended and the Ordinance placed on its second reading, this :notion econded by Alderman Alexander and was passed unanimolxslY by the Council. The Ordinance was then read the second time, and after discussion, Alderman urge made a motion that the rules be further suspended and the Ordinance placed on its hird and final reading, this motion was seconded by Alderman Richardson,and was passed nanimously by the Council. The Ordinance was then read the third and final time. he Ielayor then put the question " shall the Ordinance pass"?, and on roll by the Clerk, he following vote was"recorded: Ayes: Richardson, Burge, Hunt, Pratt, IiicAllister, Hef] nd Alexander.Nays:None 9 And the Mayor declared the Ordinance passed, as there were 7 p nd no nays. COPY OF ORDIITANCE N0.1065 AN ORDINANCE VACATING AN ALLEY RUI?_TIATG EAST AAID %%FEST BETWEEN LOTS TWENTY-SEUEN %ND THIPSY IN EXTENSION PTO. ONE, TO HOTZ SiIB-SUB-DIVISION OF T-12 01TY OF FAYETTEVILLE, sRICANS AS . WHEREAS, a petition was duly filed with the City Council of the City of Fayettev rkansas, on the 3rd day of May, 1954, asking the City Council to vacate and abandon all kn'alley running east and west between Lots twenty-seven (270 and thirty (30) in Extensi Ko. One, to Hotz Sub -Division of the City of Fayetteaille, Arkansas. 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 hereinabove described has heretofore aeon dedicated to the public use as an alley; has not been actually used by therpubaic ;enerally for a period of at least five f5).,)years subsequent to the filing of the plat; that all of the owners of the property abutting on the portion of said alley sought to b< ,seated have filed with the City Council their written conseht,to said abandonment; and ghat the public interestyand welfare will not be adversely affected by the abandonment of ;aid alley. TOFI,THEREFORE ,BE IT ORDAINED BY THEE CITY COUNCIL OF TINS CITY OF FAYETTEVILLE,ARKANSAS: SsCTIOFII. The City of Faye tteville,Arkansas: hereby releases,vacates,and abandons all its rights of the public generally,in and to the alley running east and west between Lots Twenty-seven (27) and Thirty (30) in Extension No. 1,Hotz Sub -Division of the City :)f Fayetteville,Arkansas, reserving into said City of Fayetteville,A'rkansasyits successo and assigns an easement or right of way on.over and across the portion of said alley her vacated for the purpose of constructing,installing, laymng and relaying,relocating and m twining all public utilities npv located or which may hereafter be located upon said vac alley by said City or any cor;_oration having a franchise or right of way from said City. SECTION 2. A copy of this Ordinance duly certified by the City Clerk shall be fil in the office of the Recorder of the County,and recorded in the Doed Records of the Coun SECTION 3. This Ordinance shall take effect and be in force from and after its passage. PASSED AAID APPROVED this 21st day of June, 194. Approved P.ia� , o-_ em Attest; -�' U City Clerk Request Tr Ray Adams,'President of the Fayetteville Board of Education, appeared before the o School Council to request the refund of the amount of the MATER BILL paid by the School District or the past year, and stated that unless such an' arrangement could be •made_„_1 the School Board Ilistrict would have to borrow some money on some of their trucks that had been paid for i:: ash. after discussion, Alderman Hunt made a motion that the request be referred to the pater Committee and the City Attorney for study and recommendation, this motion was seconl T Alderman McAllister) and was passed unanimously by the Council. S �, lle. of M f; lC1 56 z . ?b: City.Building Inspector presented the application of Frank Curtis for a permit to remodel the-B-diljding recently vacated by TOWN and CAMPUS Company on South side of the are, Alderman Burge made a motion that Permit No.1379 be issued to Frank Cmrtis, this :. n • ion was seconded by Alderman Richardson, and was passed unanimously by the Council. The Bldg Inspector presented the application of L.E.Cunningham to remodel the Pa( uildmng, Corner of. Mountain c: East Streets, Alderman Burge made 'a motion that Permit 0.1382 be issued to L.E.Cunningham, this motion was seconded by Alderman Alexander and 'as passed unanimously by the Council. T�e Bldg. Inspector -presented the a!)plivation of"Tom'Eads to erect an Aluminum wning for the First I�?ational Bank, Alderman Alexander made a motion that hermit No 1383 e issued to Tom Eads, this motion was seconded by Alderman Burge and was passed unanimoi y the Council The Bldg Inspector presented the application of the Arkansas Western Gas Co.for P. permit on East -Center Street, Alderman Richardson made a motion that Permit No.1386 e issued to Arkansas Vlestern Gas -Co., this motion was seconded by Alderman Burge and w assed unanimously by the Council. The City Engineer presented Estimate No.7 for Steuart Electric Co. for work on Treatment Plant and Clear Creek Pump Station amountvng to �11,505.423 Alderman Pratt a motion that Estimate No. 7 be approved, this motion was seconded by ..lderman Ale. r, and was passed unanimously by the Council, rater Sup^ The')City Engineer presented the proposed contract of'`1- the Springdale Country sign iub with the City Water Department to furnish RAVw'WATER fpr the Springdal Golf Course, Alderman Richardson made a motion that the Contract be approved and the Water Superinten ;ract authorized too execute the contract, this motion was seconded by Alderman Alexander,and ,'Countryras passed unanimously by the Council. Alderman Alexander made a motion that ?,Ionday, July the 5th,be observed as a He ruly 5th day,since the 4th falls on sw.pj this year, and that all labor be paid for the day, an .iday 1^ire and Police Departments berfo the day extra, thiA motion was seconded by Alderman #ichardson, and was passed unanimously by the Council. Alderman Richardson reported that the bills -had been approved by the Auditing ommittee, and made'a motion that they be allowed as approved, this motion was seconded y Alderman Pratt, and was passed unanimously by the Council. ( At this time Alderman Hunt was permitted to leave the Council) The City Attorney introduced"AD? ORDINANCE ORDERING TIE REM1OVAL, RAZING ARID/OR EMODELING OF CERTAIN BUILDINGS IHOUSES ,ANDI OTHER STRUCTURES IDI THE CITY OF FA`>rTTEVILLE.* RKANSAS, AND FOR OTHER -PURPOSES". The' Ordinance was read in its entirety, and Alderman Richardson made a motion the he rules be suspended and'the Ordinance placed on its sebond reading.' this motion was econded by Alderman Pratt, and was passed unanimouslty by the Council•. TheOrdinance was then read the second time, and after discussion, Alderman Bu ade a motion that the rules be furter suspended, and the Ordinance placed on its third d final reading, thiA motion was seconded by Alderman Alexander, which was passed una i�mously by the Council. The Ordinance was then read the third and final time. he Mayor then put the question"shall the Ordinance Pass,and on roll call by the Clerk, he following vote was recorded: Ayes: Richardson, Burge, Pratt, ItilcAllister, Heflin and lexander. Nays:None. Absent and not voting Hunt. And the Mayor declared the Ordinance jassed, as there were 6 Ayes, and no nays. COPY OF ORDINANCE N0. 1066 AN ORDINANCE ORDERING THE REMOVAL, RATING AND /OR REMODELING OF CERTAIN BUILDINGS, HOUSES, AND OT -HER STRUCTURES IN THE CITY 03 FAYETTEVILLE, ARKANSAS, AND FOR OTHER PURPOSE WHEREAS, in many parts of the City of Fayetteville,Arkansas, owhers of Real estate ave allowed certain buildings and /or'structfires situated thereon to become run down, ilapidated,unsafe, unsightly,dangerous, obnozious, unaanitary,and detrimental to the pub laic welfare of the citizens of the eity of 3Fayetteville,and .dock the WH REAS, the condition of such buildings and/or structures constitute a serious fi e zard and unless irunediate action is taken to remedy the situatmon, there is a great lik - tiood that the surrounding property will be destroyed by fire originating in'such unsafe i hazardous structures." NOW,TiE'REFORE, BE TP ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARK Section 1.That the ovraer or owners of the following described real estate be and they are hereby ordered to remodel,remove or raze the dilapidated buildings and/od strut w standing upon .said real estate within thirty (30) days from the date of service of a copy of this ordinance upon said owner or owners to -wit: TRACT NO.1. 1Vest part of Lot40 County Court Plat SW -.1= Section 15 Township 16 North Range 30 West, B ginning at the DWcorner of said lot, and running;thence East lol,. feet•more or less to t e NAV corner of Lot Bedded to City of Fayetteville, Arkansas, by Jacob a nd Nancy esst o Hence South with lVesl line of last mentionedSwims lLot 58 feet, more or less, to North Line of 11 H tsville Road; thence Northwesterly with North Line of said road to the beginning point) Tract No.2 Part of the SE -1i of the SE -1 of Section 17 Township 16 North, Range 30 West,describe( Beginning at a point on North Line of U.S.Highway Ido. 62 which is 209 feet East and 9 feet North of the SW corner og said forty acre tract,and running,thence North 225 feei ence East 150 feet; thence South 225 feet, more or less, to North Line of Highway;thenc( st 150 feet to beginning point. Tract No.3 t 9. Block 1 Fairground Addition to Fayetteville, Arkansas, Tract No. 4 t No.8, Block 1 Fairground Addition to Fayetteville, Arkansas. • • for Plat of Vi odland Heights • eed S ewar Tliomas a f or a s rest 57 (ORDINANCE N9. lo66, continued) Tract No. 5 Part S4^1of the ITW Section 9, Township 16 N.,Range 30 W.,described as: eginning at the SW corner of said forty acre tract, and running,thence North 255 feet; hence East 170.4 feet; thence South 255 feet; thence West 170.4 feet to beginning point. Tract No. 6 Lot 12 Block 13 I1ountain View Addition to Fayetteville, Arkansas. Tract No.7 South 50 feet of SV4I.of Block 33 Original Town of Fayetteville, Arkansas. Section 2. The Chief of the Fire Department is hereby authorized and instructed o serve the owner or owners of each of said above described tracts of real estate with a Iopy of this ordinance and notify said owner or owners that the respective dilapidated uildings and /or structures -now standing thereoh must either be torn down and removed r remodeled in accordance with applicable building and zoning ordinances of the City of ayottevilles -Arkansas, within thirty (30) days from date of a certified copy of this rdinance upon said owner or owners. Section 3. In the event the owner or owners of any of said real estate cannot be located, the Chief of the Fire Department is instructed to serve notice bf posting a copy �f this ordinance on the front door or exterior wall of each of each of said buildings nd to mail a certified copy of same by registered mail to said owner or owners last Imo ddress and report such action to the Fire Committee of the City Council. Section 4. All persons, firms, corporations violating the terms and provisions of his ordinance shall upon conviction thereof be fine in any stun not less than Tweny-five( ollard, nor more than Three Hundred (;?300.00) Dollars. Section 5. The City Attorney is hereby directed to institute such legal proceedine against such persons as may be necessary in order to enforce the provisions of this ordir and to remedy the dangerous, unsanitary,and unsightly conditions brought about as a resul �f the failure of the owner to properly keep up said real estate. Section 6. Because the dilapidated buildings apd/or structur'ssoaituated upon the eal estate heretofore described causes a constant fire hazard and menace to the public eace,health and safety,; and because this hazard and the condition of the nuisance crea y such properties should be removed and abated at once, an emergency is hereby declared o exist, and this ordinance is found to be necessary for the preservation of the public eace,health and safety, and the same shall be in full force and effect from and after i assage and approval. . PASSED and Approved this 21st day of June, 1954* Approved : Pro -Tem i;2ayor -Attest ( � , ity C er . There being no further business, Alderman Alexander made a motion to adjourn, his motion was secinded by Alderman Heflin, and was passed unanimously by the Council, ayor declared"the meeting adjourned, and stated that the next meeting would Wednesday, my 7th, 1954. Approved Mayor Pro -Tem Attest : Gjy yy—u� i y—'� er t ayetteville CiV-y Council met in regular session, Wednesday, July 7th, 1954. esent: Mta$or"Roy A Scott, City Clerk J.W.TQcGehee, City Attorney A.D.P+IcAllister, City gineer i'i.C.Smith, City Auditor Harold Zick,City Building Inspector Harold Lieberenz, d Aldermen: Burge, Hunt, Pratt, Williams, PficAllister, Heflin and Alexander. sent: Alderman Richardson. inutes of the regular meeting of June 21st, were read and approved. M his was the date set for the hearing on petition,:for Re-zoningi,of" herpro¢erit}V_r✓est of � he Razorback Stadium extending from Mable Street on the North to T.?arl�I�am Road on the sou h nd extending'209 feet west"from Razorback Road and Thr Roy Simpson presented a petition igned by 38 property owners objecting to the rezoning'"the area mentioned in the petition ut would not object to the re -zoning of the Lot owned by the Alpha Gamna Rho Fraternity, iss Suzanne Lighton representing the Planning Commission presented thc.(�;report of the ommission , which was that "they recommended the approval of the Re -zoning as requested n tTle petition"after discussion, it was mutually agreed that since the Attorney for the etitioners against Re -zoning was unable to be present, that the hearing would be postpon d ill the next regular meeting of the Council, July 19th, 1954. The Re -Plat of Woodland Heights was presented which had the following RrIFICATE & DEDICATION: shown for the'use of Vie the0aUdersigned hereby certify that we are the sole owners of I " he land platted hereon and hereby dedicate the streets as shown for the'use of the public. igAned by;' Chas.E.Johnson and wife, and George J.Ernst 8: Wifei) and approved by the Plann r ommission June 25,1954. Alderman Burge made a motion that the Plat be approved and ac•cep e pon passage of an Ordinance approving the same, this motion was seconded by Alderman lexander, and was passed unanimously by the Council. ,I A Warranty Deed from Stewart P.Thomas& Pilary ?Ruth Thomas, Husband & kVi1e;✓onvey- strip of land running North and South 361.5 feet; and running East and West 25,being a {part SW: of NE' of Section 17 in Townsip 161being for street purposes only, Alderman Burge de a motion that the deed be accepted, this motion was seconded by Alderman Alexander, d was passed unanimously by the Council.