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Home My WebLink About1954-10-05 Minutes74 ter (Alderman Burge made a motion that the Mayor write a letter oif appr8diation to Harold Zi for his work during the time he has served as CITY AUDITOR, and that each member of the. old sign the letter, this motion was seconded by Alderman McAllister, and was passed unanimo k by the Council. 0leway Street left on A 2nd .read-� ing Lights to J be placed; on squarerr Proposal �t o Lease Byrnes property There being no further business, Alderman Alexander made a motion to adjourn, hfi,'sinob,tthe=iU.S NAVYeBAND. wes-.s4iiduledato„ he here• on"thettnightcof" Octobe'rt:.4th,.-:th&t he aext.regulaiv.1meetirig of the Council be postponed till 6.45 P.M.Tuesday, October 5th., his motion was seconded by Alderman Heflin, and was passed unanimously by the Council, nd the Mayor declared the meeting adjourned, and stated that the next meeting would be ctober 5th., at 6:45 P.M. . Attest: 6glty cleric Approved so f�Aft&;t �J— it etteville City Council met in regular session, Tuesday at 6:45 P.M.,Oetober 5, 1954. sent: Mayor Roy A.Scott,City Clerk J.W.McGehee, City Attorney. A.D.MeAllister,City ineer W.C.Smith, City Auditor Albert Jones. City Building Inspector Harold Lieberenz, ice Chief Pearl Watts, Fire Chief Burl Skelton, and Aldermen: Richardson,Burge, Hunt, :•_L tt,Williams, McAllister$ Heflin and Alexander.. tes of the regular meeting of September 20th,were read and approved. e "ONE WAY STREET" Ordinance, which had been up for consideration for sometime, and had en_lef:� on its second reading September 20th,was ,brought up for consideration, and afte lengthy discussion was had, and,a number of proposals submitted, among which was one establish traffic lights at all corners of the square in lieu of the ONE WAY STREET dinances Alderman Hunt, Chairman of the Street Committee, made a motion that the Street mmittee be authorized t purchase,athe STOP LIGHTS necessary to control Pedestriang r traffic on all fo i as of the Square,ythis motion was seconded by Alderman d was passed unan sly b the o We o and that the Mayor and•~City Clerk be authori u�iiarstoara U.execute the necessary contract in connection The question of easing the "Mrs.A.M.Byrnes property"West of the West side of e square, which had been under consideration for some time, came up again for consider - ion, and Clifton Wade, Attorney for Mrs.Byrnes presented a proposition of LEASE and FUR ASE of the property, the important features of wh.ic�were as follows: 1. A 10 -year lease at $500.00 per monthminimum throubhout,but subject to an arbi increase -if requested- for its last 5 years. 2. A $30000.00 bonus, payable upon signing of the lease,for demolition rights and .lvage on all the property's buildings except the so-called Red -Ball and Swift buildings cated on the southeast and northwest corners of the property. 3. Assumption by the City of premium payments on all existing insurance policies the buidings now on the property,subject to cancellation of policies on any buildings molished by the Citylp 9r, at the City's option, replacement of existing policies with hers of equal protection. Also, by insurance or otherwise,the City -to assume all respor bility for public liability and property damage claims arising out of its tenancy and ,s sub -tenants' businesses. 4. A purcgase option that the City could exercise tt�..the end of the 10 -year lease, outright purchase of the entire property for a sum of $70pOOO.00(see later qualifying arks). This option might contain a clause permitting t.Ae City to definitely commit it - f to the purchase at an earlier date,and through post"of bond or other device,thereby ain the right to demolish the two exception buildings prior to termination of the year lease if it wished to do so. ? I 5. The City to assume full responsibility for either honoring all existing buildil �' L leases or of fecting'cancellation of them,to preclude any claims against the property owns f for alleged.,.damages. l s.�/ec LFw9cswON ydc 6e a.� ori aeG�fo c o etc a Leoie cT- V r 7S /?l �cAnee f9y Ce"Ce"e ems. N'-41!By�..cs F1 /+e C/ 'a� -r/ie o6o�c /7<�e3is tAee-Z.4r />nYi�.! �y C/c.-.G be a.i�la.lsa f✓L`o t<er. ,+'Ct said L�esC c�•••c,•L` r- v Alderman Hunt made a motion that thegMayor and City Clerk -along with the Off Stri Parking Committee be authmrized to enter into this " Lease with option to purchase Agree. ment on the Byrhes Property ", as outlined in $roposal, this motion was seconded by Alde: men Williams, and was passed unanimously by the Council. The City Building Inspector presented the application of Tune Construction for a permit at 15 N.East Ave., Alderman Pratt made a motion that Permit No.1471 be issued t Tune Construction Co., this motion was seconded by Alderman AleAander and was passed una Imously by the Council. The City Bldg Inspector presented the application of Arkansas Fuel 011 Corpora tion for a permit on Highway 62, West, Alderman Burge made a motion that Permit No.1479 tie issued to Arkansas Fuel Oil Corp., this motion was seconded by Alderman Alexander, an I as passed unanimously by the Council. Alderman Richardson reportedckthat the bills had been approved by the auditin4 ommittee, and made a motion that they be alloweyl as approved,this motion was seconded yy Alderman Pratt and was passed unanimously by the Council. (at this time Alderman Rich obtained permission to leave the Council) The City Attorney intribduced " AN ORDINANCE VACATING THAT PORTION OF PETTIGR TREET IN THE CITY OF FAYETTEVILLE,ARKAYb5,BETWEEN DUNCAN STREET (NOW AVENUE) AND STIRNL TREED (NOW AVENUE) soTHAT.'TPORTION:'OF"DUNCA'",4'P3=(,NOW.:P.LrEMFJE')..�'TWEEN THE ST.LOUIS AND SA: RANCISCO RAILROAD RIGHT OF WAY,AND A CREEK RUNNING IN A NORTHEASTERLY DIRECTION AND CRON NG DUNCAN STREET (NOW AVENUE) SO AS TO FORM THE NORTHERN BOUNDARY OF LOT ONE OF BLOCK EVEN OF PARKSDALE ADDITION TO THE CITY OF FAYETTEVILLE,ARKANSAS** TEAT PORTION OF A TWEN OCT ALLEY EXTENDING NORTHWARD FROM PETTIGREW STREET BETWEEN LOTS THREE,FOUR,FIVE,SIX, EVEN,INCLUSIVE, AND LOT EIGHT IN BLOCK EIGHT OF PARKSDALE ADDITION TO THE CITY OF FAY- TTEVNLLE,ARKANSAS; THAT PORTION OF A TWENTY -FOOT ALLEY RUNNING ALONG THE SOUTHERN BOUND, F LOTS ONE THROUGH FOURPEEN,INCLUSIVE,OF BLOCS ELEVEN OF PARKSDALE ADDITION TO THE CITY F FAYETTEVILLE,ARKANSAS, BETWEEN SAID LOTS AND THE ST,LOUIS SAN FRANCISCORAILROAD RIGHT F WAY,AND FOR OTHER PURPOSES". The Ordinance wa read in its entirety by the City Attornay, Alderman Burge made motion that the rules DA: suspended and the Ordinance Placedit second readingg this tion was seconded by Alderman Alexander, and was passed unan�mousy by the Counci�. i to ^dson 0 th)I I i • 75 The Ordinance was then read the second time,and after discussion, Alderman Burge a motion that the rules be further suspended, and the Ordinance placed on its third .ing, this motion was seconded by Alderman Pratt, which was passed unanimously by the The Ordinance was then read 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: Burge,Hunt,Pratt, Wi111ams,McAllister,H and Alexander. Nays:None. Absent Aftd'not:�.voting: Alderman Richardson.And the Mayor de the Ordinance passed, as there were 7 ayes, and no nays• COPY OF ORDINANCE N0. 1073 AN ORDINANCE VACATING THAT PORTION OF PETTIGREW STREET IN THE CITY OF FAYETTEVILLF ARKANSAS, BETWEEN DUNCAN ST BEET (NOW AVENUE) AND STIRMAN STREET (NOW AVENUE) ;THAT PORTION OF DUNCAN STREET (NOW AVENUE) BETWEEN THE ST.LOUIS AND SAN FRANCISCO RAILROAD RIGHT OF 19A5 AND A CREEK RUNNING IN A NORTHEASTERLY DIRECTION AND CROSSING DUNCAN STREET (NOW AVENUE) S;0 AS TO FORM THE NORTH BOUNDARY OF LOT ONE OF BLOCK SEVEN OF PARKSDALE ADDITION TO THE CJITY OF FAYETTEVILLE,ARKANSAS; THAT PORTION OF A TWENTY -FOOT ALLEY EXTENDING NORTHWARD FROM PETTIGREW STREET BETWEEN LOTS THREE ,FOUR,FIVE9 SIX, SEVEN , INCLUSIVE ,AND"LOT EIGHT/IN BLOCK EIGHT OF PARKSDALE ADDIT ION TO THE CITY OF FAYETTEVILLE,ARKANSAS 20 THAT PORTION OF A TWENTY -FOOT ALLEY RUNNING ALONG THE SOUTHERN BOUNDARY OF LOTS ONE THROUGH FCURTEEN,INCLU- SIVE, OF BLOCK ELEVEN OF PARKSDALE ADDITION TU THE CITY OF FAYETTEVILLE#ARKANSAS, BETWEEN SAID LOTS AND THE ST.LOUIS SAN FRANCISCO RAILROAD RIGHT OF WAY,AND FOR OTHER PURPOSES. WHEREAS, a- Petition was duly filed with the City Council of the City of Fayette- ville, Arkansas, on the 20th day of September,1954,asking the City Council to vacate amd abandon all that portion of Pettigrew Street in the City of Fayetteville, Arkansas,betweei Duncan Street (now Avenue)and Stirman Street (now Avenue);that portion of Duncan Street (now Avenue)between the St.Louis and San Fran Cisco Railroad Right of way, and a creek running in a northeasterly direction and crossing Duncan Street (now Avenue)so as to form the North boundary of Lot One (1)of Block Seven(7) of Parksdale Addition to the City of Fayetteville, Arkansas; that portion of a twenty -foot alley extendingg northward from Pet= tigrewv Street between Lots Three (3),Four (4),Five(5),Six(6),Seven(7),inclusive,and Lot Eight (8),in Block Eight (8)of Parksdale Addition to the City of Fayetteville,Arkansas; that portion of a twenty -foot alley running along theSouthern boundary of Lots One (1) through Fourteen (14),includive, of Block Eleven(ll) of Parksdale Addition to the City of Fayetteville, Arkansas,between said lots and the St.Louis and San Fran Cisco�Vailroad Right of way; and WHEREAS after due notice 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 streets and alleys hereinabove described has heretofore been dedicated to the public use as streets.and alleys,has not been actually used by the public generally for a period of at least five (5) years subsequent to the riling of the plat; that all of the owners of the property abutting on the portion of sai I and alleys sought to be vacated have filed with the City Council their written I onsent to said abandonment; and that public interest and welfare will not be adversely a: -sed by the abandonment of said Streets and alleys. 9 a [OW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section is The City of Fayetteville, Arkansas hereby releases,vacates and aban- ions all its right, together with the rights of the public generally,in and to that portion )f Pettigrew Street in the City of Fayetteville,Arkansas,between Duncan Street (now Avenue) and Stirman Street (now Avenue); That portion of Duncan Street (now Avenue) between the ;t.Louis and San Fran Cisco Railroad-Right-of-Vay,and a creek:r.running in a Northeasterly iirection and crossing the Duncan Street (now Avenue) so as to form the North boundary of �ot^tone (1) of Block Seven(7) of Parksdale Addition to the City of Fayetteville,Arkansas;I ;hat portion of a twenty -foot alley extending northward from Pettigrew Street between :ots 3,4,5,6,7,inclusive and Lot 8, in Block 8 of Parksdale Addibion td the -City of Fay- )tteville, Arkanasass that portion of a twenty -foot alley running along the Southern Boun- iary of Lots 1 thkough 14, inclusive, of Block 11 of Parksdale Addition to the City of Fayetteville, Arkansas,between said Lots and the St.Louis-San Francisc& Railroad Right -of - Nay, as same.is now platted in the office of the Circuit Clerk and Ex -Officio Recorder for Yashington Councty,Arkansas,reserving unto said City of Fayetteville,Arkansas,its successors and assigns,an ease4ient or right of way on,over,under, and across the portion of said streets and alleys hereby vacated for the purpose of constructing,installing,laying, re-laying, re -locating and maintaining all public utilities now located or which may be_.I, hereafter located upom said vacated streets and alleys by said City or any corporation 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 filed in the orr1ce of the Recorder of the County and recorded in the deed records of the County. Section 3. This shall be in effect from and after its passage. PASSED AND APPROVED THIS 5th DAY OF OCTOBER,1954. Approved Attest MN or, y Clerk gg Attorney Price Dickson presented the petition of P.H.Burnett asking that Blocks 122039 nett'Bur- 4 and 5 Westwood Addition to the City of Fayetteville, be rezoned as G Industrial insofar as same is not allready s& classified,Alderman Burge made a motion that the peti petition tion be referred tp the Planning Commission for recomendation, this motion was seconded to rezone by Alderman Alexander, which was passed unanimously by the Council. The Petition of Hugh Kincaid and Virgil Fields was presented, asking that a Petition 20 foot alley beginning at the Northwest corner of Block 11, City Park Addition to the of Hugh City of Fayetteville and running East 170 feet, be closed, Alderman Burge made a motion that the petition be referred tp the Planning CommissiAn for recommendation,this moJFion Kincaid was seconded by Alderman Heflin, and was passed unanimously by the Council* to close aia alley There being no further business, Alderman Alexander made a motion to adjourn, this motion was secdnded by Alderman Heflini-and was passed unanimously by the Council, and the Mayor declared the Council adjourned* Attests , Approved _ L�FCJty Clerk D6' yor