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HomeMy WebLinkAbout1956-12-17 Minutes206 z The Fayetteville City Council met in regular session Monday, December 17, 1956. Present: Mayor Roy A. Scott, City Clerk -Auditor Albert Jonesi, City Attorney A. D. • McAllister Jr., City Engineer W. C. Smith, City Building In Harold Lieberenz, Fire Chief Burl Skelton, Police Chief Pearl Watts;, and Aldermen: Richardson, Parish, Holland, Lunsford, Williams, Bissett, Bronson, and A-lexande.r. Minutes of the December 3, 1956 meeting were read and approved. Ray Ellis, manager of the local airport appeared before the Council with a set rt of taxi and trafficirules to be followed at Drake Field. After the clerk read the rules, a brief discussion was held in which Mr. Ellis answered questions and explained the ed rules. Alderman Bissett then moved that the rules be adopted. The motion was seconded by Alderman Williams and passed unanimously. City Building Inspector Harold Lieberenz presented the applications for building permits that required Council approval. The applications were acted upon as follows;: Alderman Lunsford moved that the application of F. A. Pothast for building permit number 2287 be granted. The motion was seconded by Alderman Bissett and passed unanimously. Alderman Alexander moved that the application of Waggoner's Bakery for building permit number 2289 be granted. The motion was sedonded by Alderman Richardson and passed unanimously. Alderman Bronson moved that the application of Frank Crawford for building permit number 2298 be granted. The motion was seconded by Alderman Bissett and passed unami.mously. Alderman Williams moved that the application of Ralph Brophy for building permit number 2299 be granted subject to the provision that all building ordinances of the City be complied with. The motion was seconded by Alderman Richardson and upon roll call by the clerk the following vote was recorded. "'Yes; Aldermen Richardson, Parish Holland, Lunsford, Williams, Bissett, and Alexander. Not voting, Alderman Bronson. Whereupon the Mayor declared the permit granted. Alderman Richardson moved that the application of the First Christian Church for building permit number 2300 be granted. The motion was seconded by Alderman Bissett and passed unanimously. The clerk then read the report of the Planning Commission on the quitclaim deed Hillcrest granted to the City fdr street purposed by T. I. and Grace E. Abshier. Alderman Avenue Parish moved that the deed be accepted subject to the examination and approval of the Extension City Attorney. During the brief discussion that followed, the City Attorney examined Acepted. the deed and reported it to be in acceptable form. Whereupon Alderman Richardson seconded the motion and it was passed unanimously. Mayor Scott then presented to the Clerk the bids he had received on the used trucks that had been advertised for sale in accordance with the request of the Council. The clerk opened the five bids and read them to the council. After a lengthy discussion in which Alderman Lunsford felt that the one bid containing a bid on each of the five tri73'ks slhould beiaccepted. However, Alderman Parish moved that the high bid on each truck be accepted. The motion was seconded by Alderman Bronson and upon roll call by the clerk the following vote was recorded: 'Yes," Alderman Richardson, Parish, Holland, Williams, Bissett, Bronson, and Alexander. "No,"' Alderman Lunsford. Whereupon the Mayor declared the motion passed. (Truck Bids) Bids Shop Number 30 Lynn Ferguson $180.00 Sanitation Number 50 Kenneth Caudle 3&110.00 Sanitation Number 43 Bartholomew Feed Sore , 150.00 Sanitation Number 47 Lynn Ferguson 210.00 Total $850*00 The Mayor then read to the Council a letter from the Retail Merchants Committee of the Chamber of Commerce concerning the loading zones on the square. After a brief discussion it was decided to refer the matter to the street committee for study and recommendation. In addition, the Mayor was requested to notify the Chamber of Commerce that the matter had been referred to the committee. Alderman Holland then reported that some service stations were washing cars and stock trucks in places where the waste water ran across the sidewalks creating a hazardous and unsanitary condition. The Mayor was requested to notify the service stations to correct this situation. Alderman Bissett then asked the City Attorney If the city could prohibit truck • traffic on North Street. The Attorney stated that the city could should they so desire. At this time the City Attorney introduced an ordinance entitled, "AN ORDINANCE ORDERING THE REMOVAL AND RAZING OF CERTAIN BUILDINGS, HOUSES, AND OTHER STRUCTURES IN THE CITY OF FAYETTEVILLE, ARKANSAS AND FOR OTHER PURPOSES."' Mayor Scott read a letter he had received from the Census Bureau outlining the Census information they would need to make a census for Fayetteville. After a brief discussio Arrangements Alderman Richardson moved that the Mayor be authorized to make all the necessary arrangements to have a special census made as soon as possible. The motion was seconded by Alderman Williams and passed unanimously. At this time the Council took under consideration the question of having a special meeting for the purpose of passing an ordinance annexing the land to the City as out- Spe ial lined in the recerltteourt order. After a brief discussion, Alderman Alexander mw ed Council that the Council hold a special meeting Friday, December 21, 1956 at 5 p.m. to pass Meeting an ordinance accepting and assigning the area to wards and also to discuss the preliminary budget. The motion was seconded by Alderman Bissett and passed unanimously Mayor Scott then presented to the Clerk the bids he had received on the used trucks that had been advertised for sale in accordance with the request of the Council. The clerk opened the five bids and read them to the council. After a lengthy discussion in which Alderman Lunsford felt that the one bid containing a bid on each of the five tri73'ks slhould beiaccepted. However, Alderman Parish moved that the high bid on each truck be accepted. The motion was seconded by Alderman Bronson and upon roll call by the clerk the following vote was recorded: 'Yes," Alderman Richardson, Parish, Holland, Williams, Bissett, Bronson, and Alexander. "No,"' Alderman Lunsford. Whereupon the Mayor declared the motion passed. (Truck Bids) Bids Shop Number 30 Lynn Ferguson $180.00 Sanitation Number 50 Kenneth Caudle 3&110.00 Sanitation Number 43 Bartholomew Feed Sore , 150.00 Sanitation Number 47 Lynn Ferguson 210.00 Total $850*00 The Mayor then read to the Council a letter from the Retail Merchants Committee of the Chamber of Commerce concerning the loading zones on the square. After a brief discussion it was decided to refer the matter to the street committee for study and recommendation. In addition, the Mayor was requested to notify the Chamber of Commerce that the matter had been referred to the committee. Alderman Holland then reported that some service stations were washing cars and stock trucks in places where the waste water ran across the sidewalks creating a hazardous and unsanitary condition. The Mayor was requested to notify the service stations to correct this situation. Alderman Bissett then asked the City Attorney If the city could prohibit truck • traffic on North Street. The Attorney stated that the city could should they so desire. At this time the City Attorney introduced an ordinance entitled, "AN ORDINANCE ORDERING THE REMOVAL AND RAZING OF CERTAIN BUILDINGS, HOUSES, AND OTHER STRUCTURES IN THE CITY OF FAYETTEVILLE, ARKANSAS AND FOR OTHER PURPOSES."' • • 207 After the reading of the ordinance, Alderman Alexander moved that the ordinance pass'. The motion was seconded by Alderman Bissett and passed unanimously. Whereupon the Mayor declared the ordinance passed. Alderman Richardson then moved for the adoption of the emergency clause. The mot was seconded by Alderman Parish and passed unanimously. Whereupon the Mayor declared the emergency clause adopted. (Copy of Ordinance Number 1119) Ordinance #`1119 AN ORDINANCE ORDERING THE REMOVAL AND RAZING OF CERTAIN BUILDINGS, HOUSES, AND OTHER STRUCTURES IN THE CITY OF FAYETTEVILLE, ARKANSAS, AND FOR OTHER PURPOSES. WHEREAS, in many parts of the City of Fayetteville, Arkansas, owners of real property have allowed such property to become run down, dilapidated, unsafe, unsightly, dangerous, obnoxious, unsanitary, and detrimental to the public welfare of the citizens of the City of Fayetteville, and WHEREAS, the condition of this property is a serious fire hazard and that, unless immediate action is taken to remedy this situation, there is a great likelihood that the surrounding property will be destroyed by fire originating in such unsafe and hazardous structures. 1TOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Sectionl. That the owner of the following described real estate be and they are hereby ordered to remodel, remove or raze the dilapidated buildings and/or structures now standing upon said real estate within thirty (30) days from -the effective date of this ordinance, to -wit: Fifty (50) feet of equal and uniform width off of the south end of the West Half (W: 1/2) of Block Thirty-three (33) in the Original Town (now city) of Fayetteville, Arkansas. Section 2,. The Chief of the Fire Department is hereby authorized and insttucted to serve the owners of said above described real estate with a copy of this ordinance and notify said owner or owners of the above described property that said buildings must be either torn down and remaed or remodeled in accordance with applicable building and zoning ordinances of the City of Fayetteville, Arkansas, within thirty (30) days from the date of passage of this ordinance. Section 3. In the event the owner or owners of any of said properties cannot be located, the Chief of the Fire Department is instructed to serve notice by posting a copy of this ordinance on the front door. or exterior wall of the building, and to mail a true copy of same by registered mail to said owner or owners last known address and report such action to the Fire Committee of the City Council,, Section 4. All persons, firms, corporations violating the terms and provisions of this ordinance shall upon conviction thereof be fined in any sum not less than Twenty-five Dollars ($25.00), nor more than Three Hundred Dollars (0300.00). Section 5. The City attorneyis hereby directed to institute such legal proceedin against such persons as may be necessary in order to enforce the provisions of this ordinances, and to remedy the dangerous, unsanitary, and unsightly conditions brought about as a result of the failure of the oviner to properly keep up said property. Section 6. Because the parcel of property heretofore described causes a constant fire hazard and menace to the public peace, health and safety and because this hazard and the condition of the nuisance created by such properties should be removed and abated at once, an emergency is hereby declared to exist, and this ordinance is found to be necessary for the preservation of the public peace, health and safety, and the s shall be in full force and effect from and after its passage and approval. Passed and approved this Attest: Xlbest Jo V s, City Clerk m 'day of December, 1956. Alderman Bissett then outlined the qualifications of Julian Stewart as an assist to W. C. Smith, City Engineer. After a brief discussion, Alderman Lunsford moved that the City hire Mr. Stewart at $400.00 per month for six months. The motion was seconded by Alderman Bissett and passed unanimously. Alderman Richardson reported that the bills had been approved by the Finance Committee and moved that they be allowed as approved. The motion was seconded by Alderman Alexander and passed unanimously. At this time the City Building Inspector reported that the ordinance to adopt the National Building Code was ready to be read. The clerk and aldermen read the ordinancf in its entirety. Alderman Lunsford then moved that the ordinance pass. The motion was seconded by Alderman Richardson and passed unanimously. Whereupon the Mayor declai the ordsnance passed. Alderman Bronson moved for the adoption of the emergency clause. The motion was seconded by Alderman Lunsford and passed unanimously. Whereupon the Mayor declared the emergency clause adopted. (Copy of ordinance 1120) Ordinance 9 1120 1 1 e rel 208 Ordinande 1120 AN ORDINANCE PROVIDING -FOR FIRE LIMITS, AND REGULATIONS GOVERNING THE CONSTRUCTION, •ALTERATION, REMOVAL, DEMOLITION, EQUIPMENT, AND MAINTENANCE OF BUILDINGS AND STRUCTURES. WHEREAS'.' the City Council of the City of Fayetteville, Arkansas caused a notice to be published that it had under consideration the adoption of an Ordinance relating to the construction, alteration, equipment, maintenance, moving, and demolition of buildings and structures, as set forth in the National Building Code, 1955 Golden Anniversary Edition, as recommended by the National Board of Fire Underwriters; and WHEREAS, the requisite number of copies of said code are kept on file in the office of the City Clerk of the City of Fayetteville, Arkansas, as provided by Act 267 of the Acts of Arkansas for the year 1949, and there have been no protests, suggestions or requests for discussion; and WHEREAS, the City Council of the City of Fayetteville, Arkansas finds that it is to the best interests of the City of Fayetteville that the National Building Code, 1955 Golden Anniversary Edition, as recommended by the National Board of Fire Underwriters, be adopted: NOW THEREFORE BE IT ORDAINTED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section_l. Adoption of Building Code. There is hereby adopted by the City Council of the City of Fayetteville, Arkansas that certain building code known as the National Building Code recommended by the National Board of Fire Underwriters, being particularly the 1955 edition thereof and thew hole thereof save and except such portions as are hereinafter de- leted, modified, or amended, and the said code is hereby adopted and incorporated as fully as if set out at length herein, and the provisions thereof shall be controllii in the construction of all buildings and structures therein contained within the cor- porate limits of the City of Fayetteville, Arkansas, Section 2. Establishment of Office of Building Inspector. (1) The office of Building Inspector is hereby created and the executive official in charge shall be known as the Building Inspector. (2) The Building Inspector shall be appointed by the Mayor and with the approval of the City Council, His appointment shall continue during good behavior and satis- factory service. He shall not be removed from office except for cause after full opportunity has been given him to be heard on specific charges. (3) During temporary absence or disability of the Building Inspector the. appointing authority shall designate an acting building inspector. Section 3. Qualifications of Building Inspector. To be -eligible to appointment., the candidate for the position shall have had experience as an architect, structural engineer, building inspector or superintendent of building construction. He shall be in good health, physically capable of making the necessary examinations and inspections. He shall not have any interest whatever, directly or indirectly, in the sale of' manufacture of any material, process or device entering into or used in or in connection with building construction, alterati removal, and demolition. Section 4. Duties of Building Inspector. (1) The Building Inspector shall devote his whole time to the duties of his office He shall receive applications required by this code, issue permits and furnish the prescribed certificates. He shall examine premises for which permits have been issued and shall make necessary inspections to see thatthe provisions of law are complied with and that construction is prosecuted safely. He shall enforece all provisions of the building code. He shall, when requested by proper authority, or when the public interest so requires, make investigations in connection with matters referred to in the building code.and render written reports on the same. To enforce compliance with law, to remove illegal or unsafe conditions,,to secure the necessary safeguards during construction, or to require adequate exit facilities in buildings and structures he shall issue such notices or orders as may be necessary, (2) Inspections required under the provisions ofthe building code shall be made by the building inspector or his duly appointed.assistant. The Building.Inspector may accept reports of inspectors of recognized inspection services, after investigation of their qualifications and reliability. No certificate called for by any pr6vision of the building code shall be issed on such reports unless the same are in writing and certified to be a responsible officer of such service. (3) The Building Inspector shall keep comprehensive records of applications, of permits issued, of certificates issued, of inspectionsmade, of reports rendered, and of notiees or orders issued. He shall retain on file copies of required plans and all documents relation to building work so long as any part of the building or structure to whichethey relate may be in existence, (4) All such records shall be open to public inspection for good and sufficient reasons atthe stated office hours, but shall not be removed from the office of the building'inspectbr without his written consent. (5) The building inspector shall make written reports to his immediate superior once each month, or oftener if requested, including statements of permits and cer- tificates issued, m d orders promulgated, , C z x • • 209 Section 5. Cooperation of Other Officials. The Building Inspector may request and shall receive so far as may be necessary, in the discharge of his duties, the assistance and cooperation of other officials of the municipality. Section 6. Right of Entry. The Building Inspector in the discharge of his official duties, and upon proper identification, shall have authority to enter any building, structure or premises at any reasonalbe hour. Section 7. Definitions. (1) Wherever the word "Municipality" is uded.in the building code, it shall be held to meanthe City of Fayetteville, Arkansas. (2) Wherever the term "Corporation Counsel'r is used in the building dode, it shall be held to mean the City Attorney for the City of Fayetteville, Arkansas. Section S. Fire Limits Established. The fire limits of the City of Fayetteville, Arkansas are hereby estRblished as being the same as the "First Fire Zone" limits as set out in existing or hereafter adopted Fayetteville City ordinances. Section 9. Fees. (1) No permit as required by the building code shall -be issued until the fee prescribed in this ordinance shall have been paid. Nor shall an amendment to a permit be approved until the additional fee, if any, due to an•increase in the esti- mated cost of the building or structure, shall have been paid. (2) For a permit for the construction or alteration of airbuilding or structure (radio tower, gasoline storage tanks, water tanks, etc.) awnings, canopies and street clocks the follovrtng schedule of fees is hereby established. A. When the erection, alteration, remodeling or repair is estimated to cost, including labor and material, exclusive of electrical wiring and plumbing (gas, heating, air conditioning, sprinkling systems, and sewer.) $1,000 or less the fee shall be $3.00. For each additional $1,000 or fraction t hereof f rom $1,000 to $10,000 the fee shall be $2.50. For each additional $1,000 or fraction thereof from $10,000 to $25,000 the fee shall be $2.00. For each additional $1,000 or.fraction 'thereof from $25,000 to $50,000 the. fee s hall ibe $1.50„ For each additional :$1,000 or fraction thereof in excess of $50,000 the fee shall be $1.25. B. No fee shall be required..When the estimated cost of any remodel work done on the inside of any existing building does not exceed two hundred dollars ($200.00) and when the proposed work does not effect t he structural safety of the building. . No fee shall be required when the estimated cost of any repair work done on any building does not exceed two hundred dollars ($200.00). (3) For a permit forthe removal of a building or structure from one lot t o another, the fee shall be atthe rate of two and one-half ()$2.50) dollars per thousand dollars of the estimated value oft he building or structure in its completed condition after removal. (5) For a permit for the removal of a building or structure to a new location within the same lot, the fee shall be at the rate of two and one -hold ($2.50) dollars perthousand dollars ofthe estimated cost of moving, of new foundations and of work necessary to putthe building or structure in usable condition in its new location. (6) For.s. permit forthe demolition of a building or structure the fee shall be at the rate $1.00 for each ten feet in the height of such building or structure, except that no permit will be required to demolish residential building, resi- dential garages and residential storage buildings. (7) The values used in determining the fees for permits, and for inspections shall be stated in the application for a building permit; and upon the completion of t he improvement, the applicant may be required by the Building Official t o make an affidavit as to the total cost thereof, and the fees shall be regulated in accordance with this true total cost. (8) The term "estimated cost" as used in this section, means the reasonable value of all services, labor, materials and applicances or devices entering into • and necessary to the prosecution and completion of the work ready for occupancy; provided thatthe cost of excavation or grading, and of painting, decorating or other work that is merely for embellishment or not necessary for the safe and lawful use of the building or structure and thee stimated costs of the electrical (4) For a permit fort he removal of a building from a lot inside the city limits to a location outside the city limits, the fee shall be five dollars ($5.00). The purpose of this permit and fee being a means by whichthe moving routes, size oft he building being moved and etc. may be controlled. (5) For a permit for the removal of a building or structure to a new location within the same lot, the fee shall be at the rate of two and one -hold ($2.50) dollars perthousand dollars ofthe estimated cost of moving, of new foundations and of work necessary to putthe building or structure in usable condition in its new location. (6) For.s. permit forthe demolition of a building or structure the fee shall be at the rate $1.00 for each ten feet in the height of such building or structure, except that no permit will be required to demolish residential building, resi- dential garages and residential storage buildings. (7) The values used in determining the fees for permits, and for inspections shall be stated in the application for a building permit; and upon the completion of t he improvement, the applicant may be required by the Building Official t o make an affidavit as to the total cost thereof, and the fees shall be regulated in accordance with this true total cost. (8) The term "estimated cost" as used in this section, means the reasonable value of all services, labor, materials and applicances or devices entering into • and necessary to the prosecution and completion of the work ready for occupancy; provided thatthe cost of excavation or grading, and of painting, decorating or other work that is merely for embellishment or not necessary for the safe and lawful use of the building or structure and thee stimated costs of the electrical 210 wiring and plumbing (gas fired furnaces and duct work, and sewer and water to plumbing fixtures) is not deemed a part of such estimated cost. Separate permits being required for the electrical wiring and plumbing work done on any building or structure. Sbction 10. Saving Clause. Nothing in this ordinance or in the building code hereby adopted shall be construed to affect any suit or proceeding now pending in any court, or any rights acquired, or liability incurred, not any cause or causes of action accrued or existing under any act or ordinance repealed hereby. Nor shall any right or remedy of any character be lost, impaired or affected by this ordinance. Section 11. Validity. The invalidity of any section or provision of this ordinance or of the building code hereby adopted shall not invalidate other sections or provisions thereof. Section 12. Inconsistent ordinances repealed. The followsng ordinances or parts of ordinances of the City of Fayetteville now in effect are hereby specifically repealed: Ordinance No. 118 passed and approved,,March 10, 1902. Ordinance No. 243 passed and approved, October 23, 1908. Ordinance No. 250, passed and approved, January 15, 1909. Ordinance No. 306, passed and approved, February 20, 1913. Ordinance No..331, passed and approved, May 1, 1914. Ordinance No. 373, passed and approved, August 3, 1917. Ordinance No. 398, passed and approved, October 20, 1919. Ordinance No. 482, passed and approved, May a 1923. Ordinance No. 519, passed and approved, July 18, 1924. Ordinance No. 541, passed and approved, January 19, 1925, Ordinance No. 577 B, passed and approved, October 5, 1925. Ordinance No. 604, passed and approved, March 8, 1926. That Sections 1, 2, 3 & 4 of Ordinance No. 610, passed and approved, May 10, 1926 are hereby repealed. Ordinance No. 619, passed and approved, May 24, 1926. Ordinance No. 624, passed and approved, June 28, 1926. Ordinance No. 6402 passed and approved, November 1, 1926. Ordinance No. 641, passed and approved, November 1, 1926. Ordinance No. 665, passed and approved, September 12, 1927. Ordinance No. 667, passed and approved September 12, 1927. Ordinance No. 690, passed and approved, August 2J, 1928. Ordinance No. 736, passed and app rove dl: July 13, 1931. Ordinance No. 746, passed and approved, July 25, 1932. Ordinarnce No. 783, passed and approved, July 23, 1935. Ordinance No. 808, passed and approved, June 132 1938. Ordinance No. 829, passed and approved, June 51 1939. Ordinance No. 848, passed and approved, June 24, 1940. Ordinance No. 851, passed and approved, February 12 1941. Ordinance No. 899, passed and approved, May 27, 1946. Ordinance No. 954, passed and approved, August 15, 1949. Ordinance No. 958, passed and approved, October 10, 1949. Ordinance No. 995, passed and approved, April 23, 1951. Ordinance No. 996, passed and approved, April 23, 1951. Ordinance No. 1006, passed and approved, October 8, 1951. Ordinance No. 1021, passed and approved, April 24, 1952. Ordinance No. 1027, passed and approved, June 23, 1952. Ordinance No. 1047, passed and approved, March 23, 1953. • ® Ordinance No. 1056, passed and approved, September 21, 1953.• Ordinance No. 11062 passed and approved, April 16, 1956. Section 13. Amendments Made in Said Code. The said code is amended and changed in the following respects: (Change No. 1) That section 100.1 of said code entitled "SHORT TITLE" be amended to read as f ollows: 100.1 SHORT TITLE. This ordinance shall be known and may be cited as "THE BUILDING CODE", hereinafter referred to as "THIS CODE." (1) The term "Building Official" as referred to in said National Building Code, 1955 edition shall be synonymous with CITY BUILDING INSBECTOR, as used in this ordinance. (Change No. 2) That section 102.1 of said code entitled !!PERMIT REQUIRED" be amended to read as ollows: 102.1 Permit Required, 211 It shall be unlawful to construct, alter or remove or t o commence the construction, alteration or removal of a building or structure or install equipment forthe operation of a building or structure without first filing with the building inspector an application in writing and obtaining a formal permit. Also it shall be unlawful to demolish any commercial or business building located in the fire limits of t he City of Fayetteville vi thout first filing 1.r.p it the building inspector an application in writing and obtaining a formal permit. (Change No. 3) That paragraphs (A) & (B) be added to Section 102.6 of said code entitled "PLANS TO ACCOMPANY APPLICATION" to read as follows,: (a) That plans for certain buildings as required by Arkansas State Law be drawn or approved by an architect licensed in the State of A„kansas. (b) That beams, joists, columns, lintels,.ete. be designed or approved by an engineer who is licensed in the State of A kansas when remodeling work is done on existing business or public assembly buildings that in the opinion of the Building Inspector might affect the structural safety of the building. (Change No. 4) That section 102.8 of said code entitled "REPAIRS" be amended to read as follows: 102.8 REPAIRS. Repatbs to existing buildings which do not excbed two hundred dollars ($200.00) may be made without filing an application or obtaining a permit. (Change No. 5) That section 102.16 of said code entitled "EXPIRATION OF PERMIT" be amended to read as f ollows: 102.16 EXPIRATION OF PERMIT. A permit under which no work is commenced within 6 months (180 days) after date of issuance shall expire by limitation and a new permit shall be secured before work is started. (Change No. 6) That section 104.5 entitled "EMERGENCY WORK" be deleted from said code. (Change No. 7) That section 104.7 entitled "'RECOVERY OF COSTS" be delbtdd from said code. (Change No. 8) That section 106.1 of said code entitled "NON COMPLIANCE" be amended to read as follows: 106.1 NON COMPLIANCE. (1) A person, firm, corporation, or association who shall violate a provision of this code or fails to comply therewith or with any of the requirements thereof, or who dh all erect, construct, alter or repair, or has erected, constructed, altered or repaired a building or structure or portion thereof, in violation of a detailed statement or plan submitted and approved thereunder, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable b a fine of not less than ten dollars ($10,00) nor more than one hundred dollars (100.00) or by imprisonment not exceeding 6 months, or by both such fine and imprisonment. (2) When not otherwise specified, each ten days that prohibited conditions are maintained shall consitute a separate offense. (Change No. 9) That section 106.2 of said code entitled "ABATEMENT" be amended to read as follows: • I I 106.2 ABATEMENT. The imposition of the penalties herein prescribed shall not preclude the corporation counsel or adjoining property owner from instituting an appropriate acting or preceeding to prevent an unlawful erection, construction, recon- struction, alteration, repair, conversion, maintenance or use, ort o restrain, correct or abate a violation, or t o prevent the occupancy of.abuilding or structure or portion thereof, or oft he premises, ort o prevent an illegal act, conduct, business or use in or about any premises. 212 0 . z (Change No. m0) That paragraph (1) be added to section 107.1 of said code entitled • "APPOINTMENT" to read as follows: (1) The Chief appointing authority as hereinafter referred to in this section of the code shall be the Mayor of Fayetteville. (Change No. 11) That section 107.9 of said code entitled "APPEALS FROM DECISIONS OF THE BOARD OF APPEAL" be amended to read as follows: 107.9 APPEALS FROM DECISIONS OF THE BOARD OF APPEAL. A person aggreived by a decision of said board,.whether.previously a party to the proceeding or not, or an officer or board, may vd thin 15 days after the filing of such decision in the office ofthe building inspector appealto the City Council and thereafter to the appropriate court to correct errors of law and fact in such decisions. (Change No. 12) That an addition be made t o paragraph (h) section 300.1 of said code entitled "CLASSES DESIGNATED" to read as follows: Y -RAILER COURTS OR TRAILER CAMPS: (Change No. 13) That section 400.3 of said code entitled "MOVING BUILDINGS" be amended to read as follows: (1) No building or structure of wood frame construction or unprotected non- combustible construction shall be moved from without to within the fire limits or from one lot to another lot within the fire limits or from one location on a 16T, to another location on the same lot within the fire limits except:. (a) Residential private garages al allowed by section 400.5 of said code as amended by this ordinance. (2) Unprotected metal buildings may be moved into the fire limits provided the buildings.in the .new location conform with the fire limits regulations and they are located in areas where metal buildings are allowed bythis ordinance and said code. (Change No. 14) That paragraph (b) of section 400.5 of said code entitled "EXCEPTIONS TO RESTRICTIONS 'atITHIN FIRE LIMITS" be amended to read as f ollows: (1) A building occupied as a private garage, not more than one story in height nor more than 750 square feet in area, located on the s ame lot with a dwelling provided that such building shall be placed at least five (5) feet from the side or rear lot lines of adjoining property. (Change No. 15) That paragraph (c) of section 400.5 of said code entitled "EXCEPTIONS TO RESTRICTIONS WITHIN FIRE LIMITS" be amended to read as follows: (1) Buildings of unprotected noncombustible construction, except when used for a high hazard occupancy, not exceeding 2,500 square feet in area when used for a business occupancy or 1,000 square feet in area when used for other occupancies, nor more than one story in height, and having a horizontal separation of not less than 10 feet on all sides. Walls having a horizontal separation of less than 10 feet shall have a fire resistance rating of not.less than one hour. (A�) However, no sheet metal, corrugated metal, or metal covered buildings or sheds, shall be Erected in the first fire zone except when Bach buildings shall be used for industrial, storage or warehouse purposes, and located within 300 feet of a railroad track and south of Spring Street or noth of Douglas Street, and with the further exception t hat moveable metal buildings with metal f rame and covering may be moved or built in this area f or cafe purposes. (B) Also, all metal house trailers shall be permitted to be located in the fire limits only when they are located in an established trailer court, as established by action of the City Council and City Ordinances. (Change No. 16) That paragraph (h) of section 400.5 of said code entitled "EXCEPTIONS TO RESTRICTIONS WITHIN FIRE LIMITS" be amended to read as follows: (1) Piazzas or balconies on dwellings, not exceeding 10 feet in width nor extending more than 3 feet above the second -story floor beams; provided that no such structure shall be located nearer t hdn five (5) feet to the side yard property line or be joined to a similar structure of a ntoehr building. (Change No. 17) That paragraph (h) of section 403.4 of said code entitled "PERMISSIBLE PROJECTIONS" be amended to read as follows: (h) Marquises at entrances to retail stores or office buildings and structures located in the fire limits may extend heyond the street line and across the sidewalk t o wi thin twenty-four .(24) inches of t he curb line; provided they are not less than 10 feet al3ove the curb leval at all points, and, within.the fire limits, are constructed of iron and glass oroitheh noncombustible materials. They shall be securely supported from the building or structure and shall be property guttered and connection by down spouts to a storm sewer or discharge into the street gutter so that the water therefrom will not drip or flow onto the public sidewalk or thoroughfare. (Change No. 18) That paragraph (i) of section 403.4 of said code entitled "PERMISSIBLE PROJECTIONS" be amended to read as follows: • 213 (1) Awnings attached to retails tores or office building and structures 16cated in the fire limits may extend beyond the street line,but not nearer than twenty- four (24) inches to the curb line; provided t hat they are not less than seven and one-half (72) feet above t he'sidewalk at all points, (Change No. 19) That section 1690 of said code entitled "'GENERAL" be amended to read as follows: Section 1600 General (1) Definitionswunless otherwise expressly stated, the following termst shall, for the purpose of this section, have the meaning as indicated below: (a) Dis lay Si n shall.include any insigna or emblem used to advertise or promotethest of any person when thesame is placed out of doors in view of 'the general public, (b) Erect shall mean to build, construct, attach, hang, place, suspend, or affix, but shall not include the painting of signs on building walls. (c) Altered shall mean to make a sign different by adding neon stripping, neon letters, or emblems, to the original sign and/or adding a new sign face to an existing sign. (d) Sign race shall mean the surface of the sign upon, against, ort hrough, which the message is displayed on the sign. (Change No. 20) That Section 1600.1 of said code entitled "PERMIT" be amended to read as follows: (Section 1600.1 PERMIT (1) Permits Required. It shall be unlawful for any person to erect, repair, alter, attach to, suspend from, or support on a building, structure or lot within the City of Fayetteville any sign without first obtaining an erection permit from the building inspector and making payment of the fee, (2) A lication for Erection Permit. Any person, firm or corporation who may desire erect or maintain any sign in the City of Fayetteville, Arkansas, shall submit to the Building Inspector of the City of Fayetteville, Arkansas, an application for a permit to erect or maintain such sign, and such application shall contain or have attached thereto the following information: (A) Name and address of the applicant. (B) Location of building, structure or lot t o which or upon whichthe sign is bo be attached or Erected. (C) A sketch of the sign with the specifications shovel ng the size, construction, and the advertising matter t o appear on the sign. (D) The sketch shall show the q)inimum distance f rom the g round or sidewalk to t he lowest part of t he sign along w ith t he minirRum distance from the street curb and property line to the sign. (E) Name of person, firm, corporation or association erecting t he sign. (F) The total amount of the primary voltage and current (amperes) required to operate all of the electrical bulbs, wiring and devices of the sign. (G) When t he sign is to be erected on any real estate tither than t he lot where the product is sold or bhe business conducted, the application must contain the written consent oft he owner oftthe real estate, (H) Such other information as the Building Inspector may feel necessary to require in order to carry out the intent of the ordinance such as the method of suspension, a copy of stress sheets and calculations shovel ng t hatthe sign is designed for dead load and w1nd pressures as set out in Section 1602.6 of said code. (3) Issuing oft he Erection Permit. (A) It shall be the duty of the Building Inspector upon approval of such application, design, location, -specifications and method of suspending or hanging such sign to issue the erection permit. (B) No permit shall be issued to erect a sign which in the opinion of the Building Inspector will create a traffic hazard by obstructing the view of passing motorists:, or motorists entering traffic. (C) No permit shall be issued to erect a sign unless it conforms to the requirements of the Fayetteville Zoning Ordinance. (D) No permit mhall be issued to erect an illuminated sign until the City Electrici known as the City Electrical Inspector has examined the plans and specifications of the wiring and connections to determine if it complies with the electrical code of the City of Fayetteville. , (4) Erection Permit Fees. The applicant shall pay to the City of Fayetteville, Arkansas for said permit and inspection :the sum of two dollars and fifty cents ($2.50) for each sign erected. 214 (Chan ge No. 21) That Section 1600.2 of said code e ntitled "BOND" do all be I • deleted from said code. (Change No. 22) That section 1600.3 of said code entitled "EXEMPTIONS" be aMended to read as follows: (Section 1660.3 EXPEMPTION) The provisons and regulations of Section 1600.1 entitled "PERMITS" shall not apply to the following type of signs, provided, however said signs shall be subject to the requirements of the zoning ordinances and the exemption from a.permit shall not be eonstrued as relieving the awner or person in control of the sign from erecting and maintaining the sign in a Safe condition, as regulated by the provisions of section 1602.7 of said code entitled "UNSAFE SIGNS". (1) Signs painted on the exterior sufface of a building or structure. (2) A real estate ground sign which advertises the sale, rental or lease of the premises upon which said sign is located. (3) Sign denoting the architect, engineer or contractor of construction when placed upon the lot vhere the construction work is being done. (4) A ground or wall sign not more than 16 square feet in area, announcing without display or elaboration, only the name of the proprietorand the nature of his business. (5) Professional name plates or signs not exceeding two end one-half (22) square feet of display surface stating merely the name and profession of an occupant, and if projecting over a public sidewalk, no part of said sign shall be less than seven and one-half (72) feet abovethe sidewalk. (6) Traffic or other municipal signs, railroad crossing signs, danger or emergency signs as may be approved by the City Council. (7) Temporary signs or banners legally authorized, by the Building Inspector. (Change No. 23) That paragraph (b) of. section 1602.2 of said code entitled, "PROJECTING SIGNS" be amended to read as follows: (1) A clear space of not less than ten (10) feet s hall be provided below all parts of projecting signs which projects from the face ofthe building or structure over a street or other public space. (Change No. 24) That paragraph (c) of Section 1602.3 of said code entitled "r ROUND SIGN" be amended to read as follows: (1) An open space at least thirty (30 inches shall be, maintained between t he bottom of all ground signs and the ground except: (A) Necessary sign supports extending through such space, and the filling of such space with lattice or slats leaving at least 50 per cent of,the space open shall not be prohibited. (B) A pedestal type ground sign constructed in such a way that the top ofuthe sign Tsrof greater width t han the base of the sign, %rh ere t he end of t he sign forms an angle of 60 degrees or more with the horizontal, may be erected with a solid skirting provided the solid skirting atthe base oft he sign is not greater than 50 per cent the width of the top of the sign. (Change No. 25) That paragraph (b) of section 1602.4 of said code entitled "ROOF SIGNS" be amended to read as f ollows: (b) When in the opinion of the Building Inspector it is necessary f or f ire protection and safety, an open space of not less than four (4) feet shall be Maintained bel6w the bottom oft he sign and the roof or leave a passageway for accessibility to the roof of not less than six (6) feet between one end of the sign and the wall nearest that end of the sign. (Change No. 26) That section 1602.5 of said code entitled "LOCATION" be amended to read as follows: . Section 1602.5 "LOCATION". (1) No sign shall be so placed ast o obstruct or interferewith an exitway required by Section 602 and 603 of said code, or so as to prevent free passage from one part of a roof to any other part thereof, or so as to interfere with the light and ventilation required by article V (five) of said code or son as to obstruct any opening in an exterior wall required in this code for fire department access. (2) That no sign shall be erected pursuant to the t erms of this ordinance on that property owned by the City of Fayetteville lying between the outside edge of the sidewalk and the curb line except that this section shall not be construed so as to prohibit the erecting of traffic control signs or directional signs erected by church and/or educational institutions. Such signs erected on property owned by the City of Fayetteville shall be subject ito the provisions of Sections 1600.1 and 1602.7 of this code. 40 215 (Change No. 27) That paragraph (d) be added to Section 1602.6 of said code entitled "DESIGN" to read as.followse (d) Sign faces of signs that project over public property or public sidewalks shall be constructed of safety glass, wired glass 9 inch in thickness or plastic carrying the underwriters label "Shatter Proof Plastic." (Change No. 28) That section 1602.7 entitled "UNSAFE SIGNS" be added to said code to read as follows: (Section 1602.7 UNSAFE SIGNS) (1) If a sign is erected and if found to be a hazard to traffice and/or if a sign becomes a hazard to passing motorists or motorists entering traffice from private peroperty, in the event of widening a street, widening the traffic lane by removing parking in a street and/or if the curb line of a street is moved back, said owner can be ordered by the City Council to remove or relocate said sign within a reasonable time and if not so removed the owner shall be deemed guilty of violating this ordinance and subject to the penalties of section 106 ofssaid code, (2) Should any sign become insecure or in danger of falling or otherwiseuunsafe in the opinion of the Building Inspector, the owner thereof, or the person or firm maintaining the same, shall upon written notice from the Building Inspector, forthwith in the case of immediate danger a nd.in any case within ten (10) days secure the same in a manner to be approved by the Building Inspector or remove such sign. (3) Any sign now or hereafter existing which no longer advertises a bona fide business conducted, or a product sold, shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which such sign may be found within ten (10) days after written notification by the Building Inspector. (Change No. 29) That section 1602.8 entitled "MARQUEE SIGNS" be added to said code to read as follows: (Section 1602.8 MARQUEE SIGNS) No sign shall be erected upon a new or existing marquee that projects over the sidewalk, street or other public space unless the<,entire sign is tten (10) feet above the sidewalk or public space except: (1) When an existing marquee does not have the ten (10) foot clearance above the sidewalk, a sign may be attached to the face of ;the marquee provided the vertical dimension of Such sign shall not exceed eighteen (18) inches in height and no part of such sign extends below the existing marquee. (Change No. 30) That section.1602.9 entitled "STREET CLOCKS" be added to said code to read as follows: (Section 1602.9 STREET CLOCKS. (1) Definition -Street clock -as regulated by this ordinance shall mean any timepiece erected upon a standard upon the sidewalk, or on the exterior of any building or structure for the convenience of the public and placed and mainained by some person for the purpose of advertising their place of business. (2) Construction. (A) All -street clocks as herein defined shall be constructed of incombustible material, including the frames, braces and supports thereof. (B) Reulation of Size of Dial. The Dial of such clocks shall be not less than thirty 130) inches nor more than forth (40) inches in diameter. (C) Requirements on Glass. Any glass forming a prt of a clock or the sign thereon shall be safety glass, however dials of a clock and/or the sign face thereon can be constructed of plastic carrying the underwriters label 2S: -LATTER PROOF PLASTIC." (D) Movable Parts to be Secured. Any movable part of a street clock, that is, cover or service opening shall be securely fastened by metal hinges. (3) Location. (A) Clocks erected on Walls. Clocks supported on the corner of any building or structure atthe intersection of two streets, shall not be less than fifteen (15) or more than twenty (20) feet above the sidewalk, and shall not project from the -face or wall of the building or structure, in any direction, more than five (5) feet, (B) Clocks Erected on Sidewalk. Every clock erected on the sidewalk shall be supported upon a post of ornamental design, the total height of which shall be not less than fifteen (15) feet, shall be not more than twenty-four (24) inches from the outer edge oft he curb, and shall be a t least twenty (20) feet from the point .of intersection of the lines of any.street, measured parallel with the street. (4) Erection. (A) Clocks erected on Walls. All clocks erected on the exterior of any building • or structure shall comply with the requirements set forth in Section 1602.1 regulating wall signs, or Section 1602.2 regulating projecting signs in all respects concerning erection, whichever applies. 216 z (B) Wind Pressure and Dead Load Requirements. All street clocks whether erected on exterior walls or on the sidewalk shall comply with the requirements of Section 1602.6 of said code. (5) Permit Required. It shall be unlawful for any person to erect any street clock in the City of Fayetteville, Arkansas that projects over a public sidewalk or a thoroughffire without first obtaining an erection permit from the Building Inspector and making payment of the fee. (6) Permit Fee. The applicant shall pay to the City of Fayetteville, Arkansas, a fee f or said permit and inspection as set out in Section 9 of this ordinance. (7) Limitations on Qermits, General. No person shall be permitted to erect more than one stree clock as ere n defined for any place of business, at any one location. No person shall be permitted to erect additional street clocks as defined in this section when there are as many as three (3) existing street clocks on any side of a street in any city block. (8) Advertising Permitted. Only the name ofthe owner, proprietor or manager of the place of business erecting and maintaining such clock shall be permitted as advertising matter on said clock. (9) Must Keep Accurate Time. Such clock shall keep accurate t ime, and if this condition is not complied with, the clock shall be promptly repaired or removed. . (Change No. 31)That section 1800 entitled "CANOPIES" be added to said code to read as follows: 1800 Canopies (1) Definition - Canopy as regulated by this section shall include any structure, other than an awning, made of cloth or metal with metal frames attached to a building projecting over a public thoroughfare or sidewalk and carried by a frame supported by the ground or sidewalk. (2) Permit required - It shall be unlawful for any person to erect any.canopy in the City of Fayetteville, Arkansas t hat projects over a public sidewalk or thoroughfare.without first obtaining an erection permit from the building inspector and making payment of the fee. (3) Permit Fee - The applicant shall pay to the City of Fayetteville, Arkansas a fee for said permit and inspection as set out in Section 9 of this ordinance. (4) Construction 2 Canopies may be constructed of clotheeor metal hood, provided however, all frames and supports shall be of metal. (5) Height - All canopies shall be constructed and erected so that the lowest portion thereof shall be not less than fiiine (9) feet above the level of the sidewalk or public thoroughfare. (6) Extension toward curb - No canopy shall be permitted to extend beyond a point twelve (12) inches inside the curb line. (7) Width - No canopy shall be permitted to exceed eight (8) feet in width. (8) Advertising - No advertising shall be placed on any canopy, except that the name o the owner and the business, industry or pursuit conducted within the premises may be painted or otherwise permanently placed in a space not exceeding eight (8) inches in height on the front and side portions thereof. (Change 32) That section 1900 entitled "AWNINGS" to be added to said code to read as followsy 1900 AWNINGS (1) Definition w An awning as regulated by this section shall include any structure made of cloth or metal with a metal frame attached to a building and projecting over a sidewalk or thoroughfare. (2) Permit required - It shall be unlawful f or any person to erect any awning in the City of Fayetteville, Arkansas that projects over a public sidewalk or thoroughfare without first obtaining an erection permit from the building inspector and making payment of the fee. (3) Permit Fee - The applicant shall pay to less the City of Fayetteville, Agkansas a fee sidewalk or permit and inspection as set out in Section 9 of this ordinance. for said (4) Construction - Awnings may be constructed of cloth or metal, provided, however, all frames and supports shall be of metal. No awning shall have poster or columns for support but shall be securely attached to and supported entirely ny the building. (5) He_ i�ht - All awnings shall be erected so that tdze lowest portion thereof shall e not less than seven and one-half (712) feet above the level of the sidewalk or public thoroughfare. (6) Extension Toward Curb - No awning shall be permitted to extend beyond a point twenty-four 24 inches inside the curb line. • 11 ® (7) Metal or cloth awnings erected on dwellings over windows and doorways may be erected without a permit. However a permit is required for metal awnings to be used for residential porches which have posts supporting any part of the awning and metal awnings to be erected f or car ports. Section 14 PENALTIES The penalty for violationsof any of 'the provisions of t his code shall be the same as set out in Section 106.0 of said code as amended by t his ordinance. Section 15 DATE OF EFFECT It appearing that there are increasing proposals for the construction of residential and business buildings and that such buildings should be constructed in accordance with uniform building regulations in order to proteetthe public health, welfare, peace and safety; an emergency is hereby declared to exist and this ordinance shall be in full force and effect from and after its passage, approval and publication. Passed and approved on this 17th day of December, 1956. /�L .� scot-to/i ATT EST 217 //City Clerk mmend Alderman Williams then stated that the Building Inspector and Building Committee Spector had done a great deal of extra work in preparing the city to adopt the code.anHe',.mote d Buil ngthatothc inspector and the building committee be commended for their work. The moti< mmittee was seconded by Alderman Lunsford and passed unanimously.. The City Auditor stated that copies of the preliminary budget would be presented to each Alderman after the meeting and that approximately $50,000:00 would have to be trimmed from the preliminary draft before the budget could be adopted. Alderman Bissett then read a copy of the report he had prepared for each council- man. He listed the revisions that he considered necessary to be made in the agreemen with W. R. Holoway the consulting engineer. After a lengthy discussion, the subject was tabled until a later date. Bissett's (Copy of Bissett's Recommendations) Proposal Revise the agreement with W. R. Holway; Consulting Engineer, as follows: I. Proceed as instructed by City Council on December 3, 1956. II. Submit economic and feasibility study for construction of low water dam on Main Fork of White River to produce a total of 12MGD when combined with present supply of West Fork and Lake Fayetteville, III. Submit economic+ and feasibility study for construction of dam on Middle Fo for a total of 12 MGD when combined with open flow of West Fork and Lake Fayetteville, Page 2. The present supply is approximately 3.9 MGD but the actual use is 2.5MGd. The Maximum summer use is 3.8 MGD. The first consideration in any water supply for Fayetteville will be the enlargement of the treatment plant on Mount Sequoyah and the revision of the distribution system. There is one very serious danger in planning to use the river channel to transpor water from impoundments to the pumping station. It is probable that a water rfaghts law will be enacted at the next legislature. It is also very likely that any such la will give high priority to riparian rights on water use so that it could happen that all of the water released from impoundment would be appropriated before it reached th pumping plant. The only way to protect this would be to purchase all water rights between the impoundment and the pumping station. Annual Cost 30 Year bonds 5% Plan (1) Debt Service, Construction Cost $166,200 Pumping Cost 53,000 Total Annual Cost q�21i 90 Plan (2) Debt Service, Construction Cost $169,800 Pumping Cost 69 500 Total Annual Cost 239,300 • East. Fork Debt Service, Construction Cost $1442100 Pumping Cost 69,500 Total Annual Cost T2TTI6 0 Ther being no further business Alderman Bronson moved to adjourn. The motion was seconded by Alderman Alexander and passed unanimously. Whereupon the Mayor declared the meeting adjourned. 218 z W Approved: Iola r oy A. Scott • Attest: Albert Vviones, City lark The Fayetteville City Council met in special session Friday, December 21, 1956 at 5 p.m. Present: Mayor Roy A. Scott, City Clerk -Auditor Albert J. Jones, City Attorney A-. D. McAllister Jr., City Engineer W. C. Smith, City Building Inspector Harold Lieberenz, Fire Chief Burl Skelton, and Aldermen: Richardson, Parish, Holland, Lunsford, Williams, Bissett, and Alexander. Absent: Alderman Bronson and Police Chief Pearl Watts. Mayor Scott stated that all the A13Lderraln had been notified and that Alderman BronsIn was ill and unable to attend the meeting. The City Attorney presented to the clerk, a transcript of the annexation proceedings in the County and Circuit Courts and requested that the transcript be filed with the permanant records of the city. The City Attorney then introduced an ordinance entitled, "`AN ORDINANCE ACCEPTING TERRITORY ANNEXED TO THE CITY OF FAYETTEVILLE, ARKANSAS, BY ORDER OF THE CIRCUIT COURT OF WASHINGTON COUNTY, ARKARSAS'; ASSIGNING SAID TERRITORY TO WARDS AND FOR CIPHER PURPOSES'" Alderman Richardson moved that the ordinance be placed on its first reading. The motion was seconded by Alderman Parish and passed unanimously. The ordinance was read in its entirety for the first time. Whereupon Alderman Richardson moved that the rules be suspended and the ordinance placed on its second' reading. The motion was seconded by Alderman Williams and passed unanimously. The ordinance was then read the second time. After the reading the Mayor opened the meeting for disaussicn of the ordinance. After a brief discussion, Alderman Parish moved that the rules be further suspendedand the ordinance placed on its third reading. The motion.was seconded by Alderman Holland and passed unanimously. The ordinance was then read the third and final time. The Mayor then put the question, "'Shall the ordinance pass?"' U7on roll call by the clerk the following vote was recorded. "Yes", Aldermen Richardson, Parish, Holland, Lunsford, Williams, Bissett, and Alexander. No, none. Whereupon the Mayor declared the ordinance passed. Alderman Williams then moved that the emergency clause be adaptred. The motion was seconded by Alderman Richardson and upon toll call by the clerk the following vote was recorded. "Yes,"'Aldermen Richardson, Parish, Holland, Lunsford, Williams, Bissett, and Alexander. _No, none. Whereupon the MK,%ror declared the emergency clause adopted. (Copy of ordinance 11.21) Ordinance 1121 AN ORDINANCE ACCEPTING TERRITORY ANNEXED TO THE CITY OF FAYETTEVILLE, ARKANSAS, BY ORDER OF THE CIRCUIT COURT OF WASHINGTON COUNTY, ARKANSAS; ASSIGNING SAID TERRIT'URY TO WARDS AND FOR OTHER PURPOSES': WHEAS, in the general election held in the City of Fayetteville, Arkansas, on Tuesday, NREovember 81 1955, a majority of the qualified electors of the City of Fayebtev•lle, Arkansas, voted to annex certain territory to the City of Fayetteville, Arkansas, and the City of Fayetteville, pursuant to the results of said election, filed its petition " in the County Court of Washington County, Arkansas, and thereafter on January 24, 1956, the County Courtentered an Order annexing certain territory to the City of Fayetteville, Arkansas,, and certain remonstrants appealed to the Circuit Court of Washington County, Arkansas, and WHEREAS, after the hearing before the Circuit Court of Washington County, Arkansas, the Court entered an Order dated November 19, 1956 confirming the Order of the County Court of Washington County, Arkansas, insofar as the real estate hereinafter described is concerned, and WHEREAS, after expiration of thirty (30) days from the entrance of said Order of the Circuit Court ;of Washington County, Arkansas, The Circuit Clerk of Washington County, Arkansas, filed certified copies of the transcript of the proceedings with the Washington County C1erkand WHEREAS, The County Clerk of Washington County, Arkansas, has in turn forwarded transcripts of the proceedings in the County and Circuit Courts to the Secretary of State and to the City of Fayetteville, Arkansas,. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS': Section 1. That the following described real estate contiguous and adjacent to the present boundaries of the City of Fayetteville, Arkansas, also described in said Order of the Circuit Court of Washington County, Arkansas, dated November 19, 1956, • be and the same is her accepted, annexed to, and made a part of the City of Fayetteville, Arkansas, to -wit: