HomeMy WebLinkAbout1955-01-03 Minutes91:
l Iayetteville City Council met thn regular session, Monday, January 3, 1955.
Ne
I The Mayor asked that all the newly elected officials present their certificates of
Council election and oath of office ,=properly notarized,which was then complied with by Aldermen:
B.B.Bronson,Bruce Lunsford; J.Austin Parish and Webb H.Williams, City Attorney A.D.McAllist
d City Clerk J.W.McGiahee.
The Mayor then directed the Clerk to call the roll of the Aldermen, which showed th
following present: Richardson�Parish, Lunsford, Williams, McAllister, Bronson and Alexander
Together with Roy A Scott Mayor, City Clerk J.W.McGehee, City Attorney A.D.McAllister, City
*ngineer W.C.Smith, City Bldg. Inspector Harold Lieberenz,City Auditor Albert Jones, Police
Chief Pearl Watts, Fire Chief Burl Skelton. Absent : Alderman Hunt.
Minutes of.the Adjourned Session and the regular meeting of December 20th. 19514,
were read and approved.
At this time; the Mayor announced the STANDING COMMITTEES for the year 1955,which
was as follows, the first named on each committee to be Chairman
STANDING COMMITTEES FOR 1955.
1, AUDITING & FINANCE...................RICHARDSON,ALEXANDER LUNSFORD
2. WATER ..:.....:..........WILLIAMS, RUNT, PARISH
3. STREET & STREET LIGHTING ...........HUNT, WILLIAMS, MCALLISTER
4. SANITATION & HOSPITAL ....04.0.1... MCALLISTER,BRONSON0 PARISH
5. POLICE & FIRE 0000004400.106 ALEXANDER,HUNT, WILLIAMS
6. AVIATION &.CIVIL DEFENSE PAR4SH,RICHARDSON.,MCALLISTER
7. BUILDING & INSURANCE 060000060000 LUNSFORD,BRONSON,ALEXANDER
Be ORDINANCE & PARKS B'RONSON,LUNSEORI?,RICHARDSON
9. SEWER SCOTT,WILLIAffiS,HUNT.
etition The Following Petition was, presented:
We, the undersigned hereby petition the City Council of Fayetteville.. Arkansas to open
r year Lake Fayetteville on Highway 71, North to fishing the year around, said petition was si
ound by 97 persons. Alderman Williams made a motion that the petition be referred to the Wat
shing Committee, this motion was seconded by Alderman Bronson, and was passed unanimously by
Council.
A Resolution, proposing legislation which will give relief to the
street funds of the cities and towns of the Sta§e, was presented, and Alderman Bronson
made a motion that the Resolution be approved, this motion was seconded by Alderman
McAllister, and was passed unamimously by the Council.
II'`I WHEREAS, the cities and towns of the State of Arkansas are on the verge of bank -
ng ruptcy.. and whereas, it is necessary that they be given immediate financial relief by t:
State State of Arkansas so that they may render services which are necessary for residents of
cities and towns, and,
RESOLUTION No. 1-55
fl
WHEREAS, the Arkansas Municipal League is proposing legislation which will give
relief to the street fluids of the cities and towns of the State.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE:
That the Council of the City of Fayetteville does hereby endorse the propose
• legislation which gives to cities and towns all balances of money left over after the
Farmers receive their gas tax refund(and further that we endorse the proposed:).legislati
which will give to cities and towns T5 % of all moneys going to the State Highway Depar
many over $25,0000000.00.
We further urge our Senators and Representatives to vote for and support this
legislation and that the City Clerk is hereby directed to send a signed copy of this
resolution immediately to each Senator and Represent at �e wh yTpEesentS ?fir County in
the General Assembly, also ,that a copy of this resolu on s e sen the Arkanse
Municipal League Passed January 3, 1955. Approved: 6a4^a _2 s Attest:w'
Mavolf Ci
Alderman Richardson made a motion that the appointments be approved, this motion was sec
ed by Alderman Alexander, which was passed unanimously by the Council.
The Petition of Karl Green, G.M.Clark, Etale which had been advertised for a
Petition
hearing on January 3rd, came up for discussion, and the report of the Planning Commissio;
of
G.M.C1-
was presented by the Clerk, which was as follows:
ark,etal
continued
REPORT OF THE PLANNING COMMISSION.
In the matter of the petition of Karl Greenhaw, G.M.Clark,etal for rezoning of a
cetain tract bounded on the north by Dickson Street,on the east by Duncan Avenue,on the
south by Williams Street and on the west by Buchanan Avenue.
This petition has been advertised to be heard at the Council meeting on January
3rd.21955. The Planning Commission has not submitted its report or recommendation on thi
matter, and because of many conflicts has not been able to have a final meeting to consi
the petition.
It is therefore requested that action on this petition be deferred by the Coun
until its first meeting in February, and that the minutes of the Council show that the
hearing was continued to that date.
City Planning Commission
By W.H.Pryor, Chdirmata
Alderman Richardson made a motion that the recommendation od the Planning Commission be
approved, and the Hearing continued till the First Mekting of the Council in February(th
"
7th), this motion was seconded by Alderman Williams, and was passed unanimously by the
Council. `
The City Bldg Inspector presented the application of the Northwest Arkansas Time
for a Permit, Alderman Richardson madd a m6tion that Permit No. 1554 be issued to the
Northwest Arkansas Times, this motion was seconded by Alddrman Alexander$ and was passed
unanimously by the Council.
etition The Following Petition was, presented:
We, the undersigned hereby petition the City Council of Fayetteville.. Arkansas to open
r year Lake Fayetteville on Highway 71, North to fishing the year around, said petition was si
ound by 97 persons. Alderman Williams made a motion that the petition be referred to the Wat
shing Committee, this motion was seconded by Alderman Bronson, and was passed unanimously by
Council.
A Resolution, proposing legislation which will give relief to the
street funds of the cities and towns of the Sta§e, was presented, and Alderman Bronson
made a motion that the Resolution be approved, this motion was seconded by Alderman
McAllister, and was passed unamimously by the Council.
II'`I WHEREAS, the cities and towns of the State of Arkansas are on the verge of bank -
ng ruptcy.. and whereas, it is necessary that they be given immediate financial relief by t:
State State of Arkansas so that they may render services which are necessary for residents of
cities and towns, and,
RESOLUTION No. 1-55
fl
WHEREAS, the Arkansas Municipal League is proposing legislation which will give
relief to the street fluids of the cities and towns of the State.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE:
That the Council of the City of Fayetteville does hereby endorse the propose
• legislation which gives to cities and towns all balances of money left over after the
Farmers receive their gas tax refund(and further that we endorse the proposed:).legislati
which will give to cities and towns T5 % of all moneys going to the State Highway Depar
many over $25,0000000.00.
We further urge our Senators and Representatives to vote for and support this
legislation and that the City Clerk is hereby directed to send a signed copy of this
resolution immediately to each Senator and Represent at �e wh yTpEesentS ?fir County in
the General Assembly, also ,that a copy of this resolu on s e sen the Arkanse
Municipal League Passed January 3, 1955. Approved: 6a4^a _2 s Attest:w'
Mavolf Ci
92
Alaerman m cnarason reportea that the bills had been approved by the Auditing Comittee
d made a motion that they be allowed as approved, -this motion was seconded by Alderman
lliams, and was passed unanimously by the Council*
The City Attorney introduced "AN ORDINANCE TO 4CCEPT AND CONFIRM THE DEDICATION
ALL STREETS AND ALLEYS IN, ACE'S ACRES SUB-DIVICION TO THE CITY OF FAYETTEVILLE,ARKANSAS".
The Ordinance was read in its entirety by the City Attorney, Alderman Richardson
le a.motion that the rules be suspended and the Ordinance placed on its decol►d reading,
.s motion was seconded by Alderman Bronson, and'was passed unanimously by the Council.
The Ordinance was read the second time, and after discussion, Alderman Richardson
A a motion that the rules be further suspended, and the Ordinance placed on its third
.ding#* this motion was seconded by Alderman Williams, and was passed unanimously by the
.nail.
The Ordinance was then read the third and final time.
Mayor then put the question " Shall the Obdinance pass"?, and on roll call by the
rk, the following vote was recorded* Ayese Richardson, Parish, Luhsford,.Williams,
luster, Bronson and Alexander And the Mayor declared the Ordinance passed, as there
e 7 Ayes, and no nays, bsent and not voting:Hunt).
COPY OF ORDINANCE N0. 1075.
AN ORDINANCE TO ACCEPT AND CONFIRM THE DEDICATION OF ALL STREETS AND ALLEYS IN ACE';
ES SUB -DIVISION TO THE CITY OF FAYETTEVILLE,ARKAHSAS.
WHEREAS, Thereis duly filed in the office of the Circuit Clerk and Ex -Officio Recorc
r Washington County,Arkansas, a plat known as Ace's Acres Sub -Division of a part of the
uth Half (S-�) of the Southeast Quarter (SE4) of the Northwest Quarter (NW+) of Section
venteen (17), Township Sixteen (16) North of Range Twenty (20) West of the 5th P.M.,and
ich W.G.Shipley and Grace Cotton Shipley, husband and wife,dedicated`for the purpose ani
e as btreets and alleys as shown by said plat,
NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVIL
ARKANSAS:
SECTION 1. That the City of Fayetteville,Arkansas, hereby accepts and confirms th
dedication of.all streets and alleys dedicated in Ace's Acres Sub -Division to the City of
Fayetteville, Arkansas,and hereby declares said streets and alleys to be public streets
and alleys; and the said City Council hereby assumes the care, control and jurisdiction of
the same.
SECTION 2. That this Ordinance shall take effect and be in force from and after
its passage approval and publication.
DATED THIS3�rd/Jday of January, 1955.
%�Yll
we
Attest; Approved
y
0
Clerk
The City Attorney introduced "AN ORDINANCE VACATING A PORTION OF HCTZ DRIVE AND A PO4 ION
OE( A THIRTY-FOOT PUBLIC ROAD AS SHOWN BY THE PLAT OF HOTZ ADDITION TO THE CITY OF FAYETTE-
VILLE,ARKANSAS,AND FOR OTHER PURPOSES%
The Ordinance was read in its entirety ,end Alderman Richardson made a motion th,
the rules be suspended and the Ordinance placed on its decond reading,this motion was secol
by Alderman Alexander, which was passed unanimously by the Council.
Lt
The Ordinance was then read &he second time, and after.rdiscus'si.ori,,.'_Alderman n:�-. - - '
Lardsonam"ade.a ipotion that the rules be further suapended and the Ordinance placed on its
d reading, this motion was seconded by Alderman Williams and
was passed unanimously byl
Council.
The Otdinance was then read the third and fihal time.
The Mayor then put the question "Shall the Ordinance pass"?,and on rill call by the Clerk,
the following vote -was recorded:_Ayes:
BrRichardson, Parish, Luhsford,'Williams, McAllister,
onson and Alexander. Nays:None. Absent and not voting: -Hunt, And the Mayor declared the
Ordinance passed, as there were 7 Ayes, and no Nays,
COPY OF ORDINANCE NO. 1076.
AN ORDINANCE VACATING A PORTION OF HOTZ DRIVE AND A PORTION OF A THIRTY-FOOT PUBLI
ROAD AS SHOWN BY THE PLAT OF HOTZ ADDITION TO THE CITY OF FAMETTEVIL-LE, ARKANSAS,AND FOR
OT}IER PURPOSES.
Arlkahsas,on theA18th dayiOctober$ 1954,askingwthe CityCCouncil tolvacateeandtabandonyall®of
that portion of Hotz Drive running West from the Southwest corner of Lot Fifteen (15),(as
shown on the plat of Hotz Addition to the City of Fayetteville, Arkansas,recorded in Washin
tori County Plat Book at page 285, and also shown on the Revised plat of Hotz Addition to th
City of Fayetteville, Arkansas,irecorded in Washington County Plat Book at page 291 ) to the
West Line of said Addition. Said Hotz Drive is shown on the original plat of said Hotz
Addition as a forty (40) foot street being South of Lots 15,16,17,and 18, and being North
ofla tract which,according to the original plat of Hotz Addition,was described by metes and
Dribounds and was not divided into lots. On the Revised Plat of said Hotz Addition, said Hotz
ve as shown on the original plat ends at a point even with the West Line of Lot Fifteen
divid(15),(which Lot is theigame in both the original plat and the revised plat ) and becomes a
ed street with the portion of it originally platted as running due West from that poinr
having been absorbed in some of the lots shown on the revised plat of said addition;and,
together with .that portion of the thirty (30) foot public road on the West side of Hotz Add:
and running South from the South Line of the intersection of said public road with the East,
West public road running along the South side of the tier of lots numbered one (1) to Eight
inclusive,al1 as shown on the original plat of said Hotz Addition, and,
WHEREAS, after due notice as required by law,the City Council has,at the time
and place mentioned in the notice, heard all parties desiring to be heard on the qquestion,
and has ascertained that the portion of the street hereinabove described as"heretofore been
dedicated to the public use as streets and have not been actually used by the public genera]
forla period of at least five (5) years subsequent to the filing of the plat; that all oftI.
ownerd of the property abutting on -the portion of said street sought to be vacated have file
with the City Council their written consent to such aband6nment; and that public interest an
welfare will not be adversely affected by said abandonment of said streets.
s
.tion
ZI
•
93
NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKAN:
• SECTION I. The City of Fayetteville, Arkansas, hereby releases,vacates and abandoi
all its rightg.togeher with the rights of the public generally, in and to that portion o]
Hotz Drive running West from'the Southwest corner of Lot Fifteen (15) ('as shown on the
plat of Hotz Addition to the City of Fayetteville, Arkansas, recorded in Washington Count
Plat Book at page 2852and also shown on the revised plat of Hotz Addition to the City of
Fayetteville, Arkansas, recorded in Washington plat book at page 291 ) to the West Line
of said addition. Said Hotz Drive is shown on the original plat of said Hotz Addition as
forty (40) foot street being South of Lots 15,16,17, and 182 and being North of a tract
which, according to the original plat -of Hotz Addition was described by metes and bound's
and was not divided into lots on the revised plat of said Hotz Addtion,said Hotz Drive,
I
s shown on the original plat ends at a point even with the West Line of Lot Fifteen (15
(which lot is the same kn both the original plat and the revised plat) and becomes a div,
Ttreet with the portion originally platted as running due West from that point having be
absorbed in some of the lots shown on the revised plat of said addition,as same is now
platted in the office of the Circuit Clerk and.Ex-Officio Recorder for Washington County
trkansas.
SECTION 2. The City of Fayetteville,Arkansas,,hereby releases,vacates and abandon
all its right, together with the rights of the public generally in and to that portion o
a Thirty (30) foot public road on the West side of Hotz Addition and running South from
the South.Line of the intersection of said public road with the East-West public road ru
ning_along_the South side of the tier of Lots Numbered One (1) to Eight (8). inclusive,
all as shown on the Original plat of said.-Hotz Addition, as same is now platted in the
I
ffice of the Circuit Clerk and Ex -Officio Recorder for Washington County, Arkansas,
SECTION 3.A copy of this Ordinance, duly certified by the City Clerk of the Cityl
of Fayetteville, Arkansas, shall be duly filed in the office of the Recorder of the County,
and recorded in.the deed records of the County.
SECTION 4. This Ordinance shall be:inae'ffect from and after its passage.
PASSED & APPROVEDTHIS 3rd DAY OF JANUARY, 1955.
Attest �% Approved
city Clerk _ Mayor
4111
here being no further business, Alderman Richardson moved to adjourn, seconded by Alder
ronson, which was passed unanimously by the Council, and the Mayor declared the Council
djourned.
Attest :APPROVED :
�Glzy ulerK QW
mayor
Fayetteville City Council met in regular session, Monday, January 17th,1955.
esent: Mayor Roy A Scott, City Clerk J.W.McGehee;.City Attorney A.D.McAllister, City
gimeer W.C.Smith, City Building Inspector Harold Lieberenz, City Auditor Albert Jones,
ief Police Pearl Watts, Fir@ Chief Burl Skelton, and Aldermen: Richardson,Parish,
nsford, Williams, McAllister, Bronson and Alexander. Absent Alderman Hunt.
Minutes of the regular meeting of January 3rd were read and approved.
mhe City Buildbng Inspector presented the application of Wade Barron For a permit to re -J
I
odel the building at corner of Church and Mountain Streets, Alderman Richardson made a
I that Permit No.1567 be issued to Wade Barron, this motion was seconded by Alderman
Alexander and was passed unanimously by the Council.
The City Building Inspector presented the application of Frazier Constructibn Co.
for a permit to build a SUPR-MARKHT at Dickson & Gregg Streets AAlderm Williams made
amotion that Permit No.1572 be issued to Fraizier Constructioxl Co. proaided the provisions
of the Building Code are complied with, this motion was secomded by Alderman Richardson
and was passed unanimously by the Counail.
The City Attorney intrmduced a ResolttAn to authorize the Mayor and City Clerk to
Ixecute and deliver to the Arkansas Fuel Oil Company , a quitclaim76kD,without consideration,
;releasing any and all right, title and interest which the City d)f Fayetteville may have
in real estate described in the Resolution, Alderman Bronson made a motion that the Resoi
lution be adopted, this motion was seconded by Alderman McAllister, and was passed unanmous
].y by the Council.
Imo/COPY OF RESOLUTION N0. 2-55
WHEREAS,on December 23,19390 Lots numbered Three (3) and Lot Numbered Sixteen
%Litclaim (16),in Block Numbered Twenty -One (21) in Ferguson's Addition to the City of Fayetteville,
Led to Arkansas,by warranty deed recorded in Deed Record Volume 315 at page 277 in the office of
Ark Fuel the Circuit Clerk and Ex -Officio -Recorder for Washington County, Arkansas,and
Oil Co.WHEREAS,on September 30 1937, the grantors in the above mentioned conveyance
to the City of,Fayetteville, Arkansas, had previously conveyed the greater portion of said
above xiesebibed lots to Arkansas Fuel Oil Company, by warranty deed recox�ed in Deed Record
Volume 301 at page 521 thereof, in the office of the Circuit Clerk and Ex::Officio Recorder
for Washington County, Arkansas, and
Whereas,the aforesaid conveyance to the City of Fayetteville,Arkansas,consti-
tutes a cloud upon the title of Arkansas Fuel Oil Company to said real estate,and
WHEREAS,the City of Fayetteville, Arkansas,has never had any title,interest,
or claim in and to said lots and recognizes that said lots were erroneously and uninten-
tionally included in the above mentioned deed to the City of Fayetteville,Arkansas,
• NOW,TREREFORE,BE IT RESOLVED: •
That the Mayor and City Clerk be and they are hereby authorized to execute and delivek
to Arkansas Fuel Oil Company, a quitclaim deed, without consideration,releasing any and all
the right, title and interest which the City of Fayetteville may have in said above describ-
ed real estate.
PASSED APPROVED this 17th day of January, 1955.
Attest*• 9Y Approved .
it.y Clerk Maydbr,
1