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HomeMy WebLinkAbout1958-05-12 Minutes316 ills aid, nance mE I forj Telephone I Co, J The City Council of Fayetteville, Arkansas, met in regular session on Monday, May 12,1951, at 7:30 P,M. Present: Mayor J. Austin Parish, City Clerk George J. Davis, City Controller Albert J. Jones, City Engineer W. C. Smith, Chief of Police Pearl Watts, Fire Chief Burl Skelton, and Aldermen: Barnhart, Smith, Lunsford, Williams, Hatfield, Kent, and Walker. Absent: City Attorney A. D. McAllister Jr. and.Alderman Ellis Burgin, ,/ he minutes of the.regular meeting on Monday, April 28, 1958, and of the.special meeting n Thursday, May 1, 1958, were read and approved, 1 lderman Kent reported that the Finance Committee had approved the bills and moved they e allowed as approved. The motion was seconded by Alderman Lunsford and passed unanim- usly, lderman Kent then read a proposed ordinance entitled,"AN ORDINANCE WHEREBY THE CITY OF AYETTEVILLE OF THE STATE OF ARKANSAS AND THE SOUTHWESTERN BELL TELEPHONE COMPANY, A ISSOURI CORPORATION, AGREE THAT THE TELEPHONE COMPANY SHALL CONTINUE TO OPERATE ITS ELEPHONE SYSTEM AND ALL BUSINESS INCIDENTAL TO OR CONNECTED WITH THE CONDUCTING OF A ELEPHONE BUSINESS AND SYSTEM IN SAID CITY, AND ERECT AND MAINTAIN. ITS PLANT CONSTRUCTION ND APPURTENANCES ALONG, ACROSS, ON, OVER, THROUGH, ABOVE AND UNDER ALL PUBLIC STREETS,. VENUES, ALLEYS,PUBLIC GROUNDS AND PLACES IN SAID CITY, THAT THE CITY SHALL RECEIVE AN NNUAL PAYMENT FROM THE TELEPHONE COMPANY, ANDPEALING ALL ORDINANCES AND AGREEMENTS N CONFLICT HEREWITH'?. fter a brief discussion, Alderman Williams moved that the rules be suspended and the rdinance be placed on the second reading. The motion was seconded by Alderman Lunsford nd passed unanimously, whereupon the ordinance was read in its entirety for the second ime. lderman Williams then moved th4t the rules be further suspended and the ordinance be laced on its third and final reading. The motion was seconded by Alderman Lunsford and pon roll call the following vote was recorded: "Aye" Barnhart, Smith, Lunsford, Williams, atfield, Kent, and Walker. "Nay" None. There being seven "Ayes" and no "Nays", the ayor declared the motion passed, lderman Kent then read the Ordinance for the third and last time. he Mayor then declared the Ordinance open for discussion. There being no discussion,the ayor asked the question, "Shall the Ordinance Pass"?'Upon roll call the following vote as recorded: "Aye" Barnhart, Smith, Lunsford, Williams, Hatfield, Kent, and Walker, Nay" None. There being seven "Ayes" and no "Nays", the Mayor declared the Ordinance assed. ORDINANCE N0, 1167 1 it AN ORDINANCE WHEREBY THE CITY OF FAYETTEVILLE OF THE STATE OF ARKANSAS AND THE SOUTHWEST- ERN BELL TELEPHONE COMPANY, A MISSOURI CORPORATION, AGREE THAT THE TELEPHONE COMPANY SHALL' Drd. CONTINUE TO OPERATE ITS TELEPHONE SYSTEM AND ALL BUSINESS INCIDENTAL TO OR CONNECTED WITH # 167 THE CONDUCTING OF A TELEPHONE BUSINESS AND SYSTEM IN SAID CITY, AND ERECT AND MAINTAIN ITS PLANT CONSTRUCTION AND APPURTENANCES ALONG, ACROSS, ON, OVER, THROUGH, ABOVE AND UNDER ALL PUBLIC STREETS; AVENUES, ALLEYS, PUBLIC GROUNDS AND PLACES IN SAID CITY,THAT HE CITY SHALL RECEIVE AN ANNUAL PAYMENT FROM THE TELEPHONE COMPANY, AND REPEALING ALL ORDINANCES AND AGREEMENTS IN CONFLICT HEREWITH: HEREAS, the City desires to enact and impose upon the Telephone Company a tax which e in lieu of all other licenses, charges, fees or special taxes other than the usual eneral or special ad valorem taxes, and HEREAS, the City recognizes and concurs in the purpose and intent of an order of the rkansas Public Service Commission entered on December 10, 1957, in Docket U-1281 relati o the treatment by the Telephone Company of all City special taxes; OW, THEREFORE, BE IT/ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, STATE OF RKANSAS THAT: SECTION 1.The Southwestern Bell Telephone Company, its successors and assigns (herein referred to as "Telephone Company") shall continue to operate its telephone system and all business incidental to or connected with the conducting of a telephone business and system in the City of Fayetteville, State of Arkansas,(herein referred to as "City"). Phe plant construction and appurtenances used in or incident to the giving of telephone servoce and to the maintenance of a telephone business and system by the Telephone Company in said City shall remain as now constructed, subjedt to such changes as may be considered necessary by the City in the exercise of its inherent powers and by the Telephone Company in the conduct of its business, and said Telephone Company shall continue to exercise it's right to place, remove, construct and reconstruct, extend and maintain its said plant ana appurtenances as the business and purpose for which it is or may be incorporated may from time to time require, along, across, on, over, through, ,above and under all the public streets, avenues; alleys, and the public grounds and places within the limits of said amity as the same from time to time may be established. SECTION 2. The Telephone Company shall pay to the City on or before March 1, 1958,.for the period January 11 1958, to December 31, 1958, inclusive, and thereafter for like periods on or before each March 1 an amount determined by multiplying the number of telephones within the corporate limits of the city as of the last day of the preceding year by the sum of $ Ninety -One Cents($.91) SECTION 3. The annual payment herein required shall be in lieu of all other licenses, charges, fees or impositions(other than the usual general or special ad valorem taxes) which may.be imposed by the City under authority conferred by law. The Telephone Compa shall have the privilege of crediting such sums with any unpaid balance due said Compa for telephone services rendered or facilities furnished to said City. SECTION 4. The Telephone Company on the.request of any person shall remove or raise or ower �.ts wires temporarily to permit the moving of houses or other structures. The expense of such temporary removal, raising or lowering of wmres shall.be paid by the p or parties requesting the same, and the Telephone Com7any may require such payment in advance: The Telephone Company shall be given not less than forty-eight hours advance notice to arrange for such temporary wire changes. - -- z • • 317 SECTION 5. Permission is hereby granted to the Telephone Company to trim trees upon and overhanging streets, alleys, sidewalks and public places of said City so as to prevent • the branches of such trees from coming in contact with the wires and cables of the Telephone Company, all the said trimming to be done under the supervision and direction Ord. of City.official to whom said duties have been or -may be delegated. No. 1167 (Cont.) SECTION 6. Nothing in this Ordinance contained shall be construed to require or permit anctric light or power wire attachments by the City or for the City. If light or power attachments are desired by the City or for the City, then a separate non-contingen agreement shall be a prerequisite to such attachments. SECTION 7. Nothing herein contained shall be construed as giving to the Telephone Comp- any any exclusive privileges, nor shall it affect any prior or existing rights of the Telephone Company to maintain a telephone system within the City. SECTION 8. All other ordinances and agreements and parts of ordinances and agreements relating to the operating of or right to operate a telephone system within said City are hereby repealed. SECTION 9.The said Telephone Company shall have sixty(60) days from and after its passag and approval to file its written acceptance of .this ordinance with the City Clerk, and upon such acceptance being filed, this Ordinance shall be considered as taking effect and being in force from and after the date of its passage and approval by the Mayor. The Ordinance shall continue in effect and be in force until terminated by the City or the Telephone Company as of the end of any year after giving 60 days notice of intention to terminate. ASSED AND APPROVED this 12th day of May, 1958: APPROVED• TTEST : f t GEOR GT:l DAVIS, CLERK Jo �AUSTIN PARISH`, MAYOR Mayor to a range t� ✓ Open Meetings A long discussion was had concerning the discussing and explaining of the Bond Ordinance to discus' with the voters of the City after which Alderman Williams moved that the Mayor arrange Bond Ord. to have a series of open meetings for each of the four Wards of the City,, to discuss and exp3ain the Bond Ordinance, and for the Mayor to notify the Aldermen as to the time and place of each meeting. The motion was seconded by Alderman Smith and passed unanimously. Alderman Smith then moved to hold a Special Referendum Election for.the purr��rrose of Special approving or disapproving Bond Ordinance No. 1166, passed b.y-_the,,CitydCouncil and Election to approved on the 18th day of April, 1958, and to hold said Election on Tuesday, May 27, be held 1958. The motion was seconded by Alderman Kent and upon roll call.the following vote May 27,1958. was recorded: "Aye" Barnhart, Smith, Lunsford, Williams, Hatfield, Kent, and Walker. Nay None. There being seven Ayes and no "Nays", the Mayor declared the motion passed The City Clerk then read a proposed Resolution concerning this election.. resolution I Alderman Williams moved that the Resolution be adopted. The motion was seconded by Alder for ,I an Walker and upon roll call the following vote was recorded:"Aye" Barnhart, Smith, Lunsford; Williams, Hatfield, Kent, and Walker. "Nay" None_ Election. (There being seven "Ayes" and no "Nays", the Mayor declared the Resolution adopted and it was given the Number 7-58. RESOLUTION 7-58. WHEREAS, a petition for referendum of Ordinance No. 1166 of the ordinances of the City of Fayetteville, Arkansas, has been filed; and WHEREAS, the Council finds that the total.vote cast for the office of Mayor in the last general election was 1,566 votes and that the petition for referendum of said Ordinan'ce No. 1166 contains the signatures of 300 qualified electors of the City of Fayetteville,which number exceeds the required fifteen per cent (15%); and WHEREAS, in view of this finding, it is unnecessary to have a hearing to -determine whether or not said referendum petition contains the required signatures; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fayetteville, Arkansas: Section 1. That pursuant to petition of the requisite number of qualified electors, a special -election is hereby called to be held in the City.of Fayetteville, Arkansas on the 27th day of May, 1958for the purpose of submitting to the electors the question of approving or disapproving Ordinance No. 1166 of the ordinances of the City of Fayette- ville,.Arkansas. Section 2. That the election shall be held and conducted and the vote canvassed in the same manner as general municipal elections in the City of Fayetteville, and the question shall be placed on the ballot in substantially the form set forth in the refer- endum petition. Section 3. That the Mayor is hereby directed to give notice of the election by an advertisement published one time in NORTHWEST ARKANSAS TIMES, a newspaper published in the City of Fayetteville, Arkansas, and having a general circulation therein, the publication to be at least ten (10) days before the election. Section 4. That a copy of this Resolution shall be given to the Sheriff of Washing- ton County, Arkansas, in:order that -he may post and publish his Proclamation and'a copy shall.be given to the Washington County Board of Election Commissioners so that the • proper election officials and supplies may be furnished. Section 5. That this Resolution shall take effect and be in force immediately upon and a fterepassage. PASSED: May 122'19589 APPROVED: - ATTEST: , � ^ -RTS—E7 A GEORGE A IS, CITY CLERK 318 ft AGREEMENT er THIS AGREEMENT, made and entered into this 12th day of May, 1958, by and between t ces. CITY OF FAYETTEVILLE, ARKANSAS, a municipal corporation, hereinafter known as First Party, and FIRST NATIONAL BAND, Fayetteville, Arkansas, a national banking corporation, hereinafter known as Second Party, WITNESSETH: WHEREAS, Second Party desires to have removed from the sidewalk adjoining its property along Block Avenue six (6) parking meters commencing from the intersection of Block Avenue with Center Street; and WHEREAS, it has been determined by First Party that Seventy Eight Dollars ($78.00) per month would be the reasonable loss in parking meter revenues occasioned by the removal of said six(6) parking meters. NOW, THEREFORE, in consideration of the mutual agreements, covenants, and provisie erein contained, the parties hereto agree as follows, to -wit: 1. That First Party shall on or before June 1, 1958, cause the six(6) parking ,meters hereinabove referred to to be removed from the sidewalk adjoining Second Party's hereinabove described real estate. 2.That commencing June 1tt 1958, Second Party shall pay to First Party the sum of venty Eight Dollars ($78.001 per month for a term of two years, which term shall end a dnight the 31st day of May, 1960. 3. It is understood and agreed by and between the parties hereto that this agreemen be terminated by either party giving thirty days written notice to the opposite y of election to terminate this agreement on any rent paying date. 4.. This agreement shall bind the parties hereto, their successors and assigns. WITNESS our hands and seals the date first above written. CITY 0g FAYETTEVILLE, ARKANSAS, A MUNTOIPAL CORPOFRATION TTEST : A sswi a% BY Y0 _� /Y �c��f��✓ PIR NATIONAL BANK, FAYE EVILLE, ARKANSAS, BY TTEST: P RES IUFt,7%TT SECRETARY The City Clerk then read a proposed ordinance entitled,"AN ORDINANCE VACATING CERTAIN Ord. to STREETS, AVENUES, AND ALLEYS IN WESTWOOD ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS". ve'Cate Alderman Williams moved that the rules be suspended and the ordinance be placed on its certain second reading. streets The motion was seconded by Alderman Smith and passed unanimously, whereupon the Clerk and read the ordinance for the second time. alleys in Alderman.Smith then moved that the rules be further suspended and the ordinance placed Westwood Ion its third and final reading. Addition. The motion was"seconded by Alderman Lunsford and upon roll call.the following vote was ecord ed: "Aye" Barnhart, Smith, Lunsford, Williams,. Hatfield, Kent, and Walker. "Nay" None. There being seven "Ayes" and no "Nays", the Mayor declared the motion passed. The City Clerk then read the ordinance for the third and last time. The Mayor then declared the ordinance open for discussion. There being no further discussion, the Mayor asked the question, "Shall the Ordinance pass"?' J pon roll call the following vote was recorded, "Aye" Barnhart, Smith, Lunsford'; Elliams, Hatfield, Kent, and Walker. "Nay" None. There being seven "Ayes" and no "Nays", e Mayor declared the Ordinance passed. derman Lunsford then moved that the emergency clause be adopted. The motion was seconded y Aldermam Williams and upon roll callthe following vote was recorded, "Aye" Barnhart, Smith, Lunsford, Williams, Hatfield, Kent, and Walker. "Nay"' None. There being seven "Ayes" and no "Nays", the Mayor declared the emergency clause adopted. ORDINANCE N0. 1168. AN ORDINANCE VACATING CERTAIN: STREETS, AVENUES, AND ALLEYS IN WESTWOOD ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS. WHEREAS, a petition was duly filed with the City Council of the City of Fayetteville, Ord. Arkansas, on the 18th day of April, 1958, asking the City Council to vacate and abandon #1168 certain streets, avenues, and alleys in Westwood Addition to the City of Fayetteville, Arkansas, described as follows, to -wit: That portion of Elmwood Avenue between Commerce Street and the twenty-five foot east west alley located along the south side of Blocks 13 and 14, in Westwood Addition to the City of Fayetteville; that portion of Cedarwood Avenue between Commerce Street and a twenty-five foot east -west alley located along the south side of Blocks 14 and 15 in Westwood Addition to the City of Fayetteville, Arkansas; that portion of Ashwood Avenue between Commerce Street and a twenty-five foot east -west alley located along the south side of Blocks 16 and 17 in Westwood Addition to the City of Fayetteville, Arkansas;, that portion of Commerce Street running east and west between the east line of Hollywood Avenue and the west line of Beechwood Avenue; that portion of Commerce Street betweenl, the east line of Beechwood Avenue and the west line of a twenty-five foot alley running north and south along the east side of Blocks 51 11 and 17, in Westwood Addition to the City of Fayetteville; that portion of Magnolia Street between the east line of Hollywood Avenue and the west line of Beechwood Avenue; that.portion of Magnolia Street between the east line of Beechwood Avenue and the west line of a twenty-five foot north -south alley along the east side of Blocks 5, 11 and 17, in Westwood Addition to the City of Fayetteville, Arkansas; (Continued next page) • • Alderman Smith then presented a proposed agreement between the First National Bank of (gree- Fayette e and the City in which the First National Bank proposed to rent six parking ment eter the City,alongside their building. with , Afte a long discussion, Alderman Smith moved to authorize the Mayor and City Clerk to lls,lt Natl. sign the agreement. The motion was seconded by Alderman Lunsford and passed unanimously.. The Agreement reads as follows: to, ft AGREEMENT er THIS AGREEMENT, made and entered into this 12th day of May, 1958, by and between t ces. CITY OF FAYETTEVILLE, ARKANSAS, a municipal corporation, hereinafter known as First Party, and FIRST NATIONAL BAND, Fayetteville, Arkansas, a national banking corporation, hereinafter known as Second Party, WITNESSETH: WHEREAS, Second Party desires to have removed from the sidewalk adjoining its property along Block Avenue six (6) parking meters commencing from the intersection of Block Avenue with Center Street; and WHEREAS, it has been determined by First Party that Seventy Eight Dollars ($78.00) per month would be the reasonable loss in parking meter revenues occasioned by the removal of said six(6) parking meters. NOW, THEREFORE, in consideration of the mutual agreements, covenants, and provisie erein contained, the parties hereto agree as follows, to -wit: 1. That First Party shall on or before June 1, 1958, cause the six(6) parking ,meters hereinabove referred to to be removed from the sidewalk adjoining Second Party's hereinabove described real estate. 2.That commencing June 1tt 1958, Second Party shall pay to First Party the sum of venty Eight Dollars ($78.001 per month for a term of two years, which term shall end a dnight the 31st day of May, 1960. 3. It is understood and agreed by and between the parties hereto that this agreemen be terminated by either party giving thirty days written notice to the opposite y of election to terminate this agreement on any rent paying date. 4.. This agreement shall bind the parties hereto, their successors and assigns. WITNESS our hands and seals the date first above written. CITY 0g FAYETTEVILLE, ARKANSAS, A MUNTOIPAL CORPOFRATION TTEST : A sswi a% BY Y0 _� /Y �c��f��✓ PIR NATIONAL BANK, FAYE EVILLE, ARKANSAS, BY TTEST: P RES IUFt,7%TT SECRETARY The City Clerk then read a proposed ordinance entitled,"AN ORDINANCE VACATING CERTAIN Ord. to STREETS, AVENUES, AND ALLEYS IN WESTWOOD ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS". ve'Cate Alderman Williams moved that the rules be suspended and the ordinance be placed on its certain second reading. streets The motion was seconded by Alderman Smith and passed unanimously, whereupon the Clerk and read the ordinance for the second time. alleys in Alderman.Smith then moved that the rules be further suspended and the ordinance placed Westwood Ion its third and final reading. Addition. The motion was"seconded by Alderman Lunsford and upon roll call.the following vote was ecord ed: "Aye" Barnhart, Smith, Lunsford, Williams,. Hatfield, Kent, and Walker. "Nay" None. There being seven "Ayes" and no "Nays", the Mayor declared the motion passed. The City Clerk then read the ordinance for the third and last time. The Mayor then declared the ordinance open for discussion. There being no further discussion, the Mayor asked the question, "Shall the Ordinance pass"?' J pon roll call the following vote was recorded, "Aye" Barnhart, Smith, Lunsford'; Elliams, Hatfield, Kent, and Walker. "Nay" None. There being seven "Ayes" and no "Nays", e Mayor declared the Ordinance passed. derman Lunsford then moved that the emergency clause be adopted. The motion was seconded y Aldermam Williams and upon roll callthe following vote was recorded, "Aye" Barnhart, Smith, Lunsford, Williams, Hatfield, Kent, and Walker. "Nay"' None. There being seven "Ayes" and no "Nays", the Mayor declared the emergency clause adopted. ORDINANCE N0. 1168. AN ORDINANCE VACATING CERTAIN: STREETS, AVENUES, AND ALLEYS IN WESTWOOD ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS. WHEREAS, a petition was duly filed with the City Council of the City of Fayetteville, Ord. Arkansas, on the 18th day of April, 1958, asking the City Council to vacate and abandon #1168 certain streets, avenues, and alleys in Westwood Addition to the City of Fayetteville, Arkansas, described as follows, to -wit: That portion of Elmwood Avenue between Commerce Street and the twenty-five foot east west alley located along the south side of Blocks 13 and 14, in Westwood Addition to the City of Fayetteville; that portion of Cedarwood Avenue between Commerce Street and a twenty-five foot east -west alley located along the south side of Blocks 14 and 15 in Westwood Addition to the City of Fayetteville, Arkansas; that portion of Ashwood Avenue between Commerce Street and a twenty-five foot east -west alley located along the south side of Blocks 16 and 17 in Westwood Addition to the City of Fayetteville, Arkansas;, that portion of Commerce Street running east and west between the east line of Hollywood Avenue and the west line of Beechwood Avenue; that portion of Commerce Street betweenl, the east line of Beechwood Avenue and the west line of a twenty-five foot alley running north and south along the east side of Blocks 51 11 and 17, in Westwood Addition to the City of Fayetteville; that portion of Magnolia Street between the east line of Hollywood Avenue and the west line of Beechwood Avenue; that.portion of Magnolia Street between the east line of Beechwood Avenue and the west line of a twenty-five foot north -south alley along the east side of Blocks 5, 11 and 17, in Westwood Addition to the City of Fayetteville, Arkansas; (Continued next page) • • I'v 319 a twelve foot north -south alley located in the center of Blocks 7 and 13 of Westwood Addition to the City of Fayetteville, Arkansas;a twelve foot north -south alley locate • Ordinance in the center of Blocks 8 and 14, in Westwood Addition to the City of Fayetteville, No. 1168 Arkansas; a twelve foot north -south alley located in the center of Blocks 9 and 15 in Continued. Westwood Addition to the City of Fayetteville, Arkansas; a twelve foot north -south alley located in the center of Blocks 10 and 16, in Westwood Addition to the City of Fayetteville, Arkansas; a twelve foot north -south alley located in the center of Blocks 11 and 17 in Westwood Addition to the City ofFayetteville, Arkansas; and that portion of a twenty-five foot east -west alley located along the south side of Blocks 13, 14, and 15, between the east line of Hollywood Avenue and the,west line of Beech- wood Avenue, in Westwood Addition to the City of Fayetteville, Arkansas. 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, has ascertained that the streets, avenues and alleys hereinabove described have heretof been dedicated to the public use as streets, avenues, and alleys, but have not been actually opened and used by the public generally for a period of at least five years su sequent to the filing of the plat; that all of the owners of the property abutting upon portions of said streets, avenues and alleys sought to be vacated have filed with the City Council their written consent to said abandonment, and that the public interest an welfare will not be adversely affected by the abandonment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. The City of Fayetteville, Arkansas, hereby releases, vacates and abandonb all its right, together with the rights of the public generally, in and to the streets, avenues and alleys designated as follows: That portion of Elmwood Avenue between Commerce Street and the twenty-five foot east - west alley located along the south side of Blocks 13 and 14, in Westwood Addition to the City of Fayetteville; that portion of Cedarwood Avenue between Commerce Street and a twenty-five foot east -west alley located along the south side of Blocks 14 and 15 in Westwood Addition to the City of Fayetteville, Arkansas; that.portion of Ashwood Avenue between Commerce Street and a twenty-five foot east -west alley located along the south side of Blocks 16 and 17 in Westwood Addition to the City of Fayetteville, Ark- ansas; that portion of Commerce Street running east and.west between the east line of Hollywood Avenue and the west line of Beechwood Avenue; that portion of Commerce Street between the east line of Beechwood Avenue and the west line of a twenty-five foot alley running north and south along the east side of Blocks 5, 11 and 17, in Westwood Addition to the City of Fayetteville; that portion of Magnolia Street between the east line of Hollywood Avenue and the west line of Beechwood Avenue; that portion of Magno lia Street between the east line of Beechwood Avenue and the west line of a twenty- five foot north -south alley along the east side of Blocks 5, 11 and 17, in Westwood Addition to the City of Fayetteville, Arkansas; a twelve foot north -south alley located in the center of Blocks 7 and 13 of Westwood Addition to the City of Fayetteville, Arkansas; a twelve foot north -south alley located in the center of Blocks 8 and 14, ii Westwood Addition to the City of Fayetteville, Arkansas; a twelve foot north -south alley located in the center of Blocks 9 and 15 in Westwood Addition to the City of Fayetteville, Arkansas;a twelve foot north -south alley located in the center of Blocks 10 and 16, in Westwood Addition to the City of Fayetteville, Arkansas; a twelve foot north -south alley located in the center of Blocks 11 and 17,' in Westwood Addition to the City of Fayetteville, Arkansas;. and that portion of a twenty-five foot east -west alley located along the south side of Blocks 13, 14 and 15, between the east line of Hollywood Avenue and the west line of Beechwood Avenue, in Westwood Addition to the City of Fayetteville, Arkansas. SECTEON 2. A copy of the ordinance duly certified by the City Clerk shall be filed in the office of the recorder of the County and recorded in the deed records of the `.'j County. SECTION 3. It appearing that an immediate necessity exists to vacate said above described streets, avenues and alleys, and in order to protect the public health,peace and safety, andemergency is hereby declared to exist, and this ordinance shall be in full force and effect from and after its passage, approval and publication. W- PASSED AND APPROVED this 12th day of May, 1958. n APPROVED: -:=i. ONWRIA f Waive Alderman Lunsford presented a request by some property owners on the north side of the Blacktopp ng City Park, a copy of which was filed with the City Clerk, wishing permission to waive in parkin area the blacktopping on the parking area directly opposite their property. The Park Committ on north side recommended that this request be granted on a trial basis for a period of two years. of City P irk The City Clerk presented a plat for a sub -division to be known as "Abshier's 2nd Addit- Abshier's Plat ion" and located on Wedington Drive nin.�• the west part of the City. 2nd Addition After a brief discussion, Alderman Williams moved to refer this plat to the City Engin- referred to eer for study and report. City Eng. The motion was seconded by Alderman Smith and passed unanimously.. The City Clerk then read a proposed ordinance entitled,"AN ORDINANCE TO ACCEPT AND ' I CONFIRM THE DEDICATION OF ALL STREETS, AVENUES AND ALLEYS, IN A REPLAT OF BLOCKS 1, 2', 32 41 51 70 81 10, 11, 13, 14, 159 16, and 17, WESTWOOD ADDITION TO THE CITY OF Passing FAYETTEVILLE, ARKANSAS". ofOrd. 11169. Alderman Smith moved that the rules be suspended and the ordinance be.placed on its No second reading. The motion was seconded by Alderman Williams and passed unanimously. • The Clerk then read the ordinance for the second time. Alderman Smith then moved that the rules be further suspended and the ordinance be p,�laced on its third and final reading, he motion was seconded by Alderman Williams and upon roll call the following vote was recorded: "Aye" Barnhart, Smith, Lunsford, Williams, Hatfield, Kent, and Walker. "Nay" None. There being seven "Ayes" qnd no "Nays", the Mayor declared the motion pass The City Clerk then read the ordinance for the third and last time. 320 IOrd. No. 1170 or some land on south side ofICity. he Mayor then declared the Ordinance open for discussion. There being no further iscussion, the Mayor asked the question,"Shall the Ordinance pass".? pon roll call the following vote was recorded,"Aye" Barnhart, Smith, Lunsford, Williams atfield, Kent, and Walker. "Nay" None. There being seven "Ayes" and no "Nays", the ayor declared the Ordinance passed and it was given the number 1169. lderman Williams then moved that the emergency clause be adopted. The motion was econded by Alderman Kent and upon roll call the following,vote was recorded:"Aye" arnhart, Smith,__Lunsford, Williams, Hatfield, Kent, and Walker. "Nay" None. here being seven "Ayes" and no "Nays", the Mayor declared the emergency clause adopted. ORDINANCE N0. 1169. ORDINANCE TO ACCEPT AND CONFIRM THE DEDICATION OF ALL STREETS, AVENUES AND ALLEYS, IN REPLAT OF BLOCKS 12 29 39 43 5, 72 81 109 11, 13, 14, 15, 16,ANDD17, WESTWOOD ADDITION THE CITY OF FAYETTEVILLE, ARKANSAS. WHEREAS, there has been duly presented to the City Council of the City of Fayetteville, rkansas, a plat known as a Replat of Blocks 1, 2, 3, 4, 5, 7, 82 10, 11, 132 14, 15, 16; ndl17, in Westwood Addition to the City of Ffiyetteville Arkansas, and being a part of the ortheast Quarter(NE 1/4) of the Northwest Quarter(NW1/41 and the Northwest Quarter](NW 1,(4) f the Northeast Quarter(NE 1/4) of Section Twenty (20), Township Sixteen(16) North, of ange Thirty (30) West, by which the owners of the platted real estate have dedicated for he public use the streets, avenues, and alleys shown upon said plat; and WHEREAS, the City Planning Commission of the City of Fayetteville,Arkansas, has ommended the acceptance of said plat. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, RKANSAS: SECTION 1. That the City of Fayetteville, Arkansas, hereby accepts and confirms the edication of all streets, avenues, and alleys dedicated in a Rep-lat of Blocks 1,.2, 3, , 81 10, 11, 13, 14, 15, 16, and 17, of Westwood Addition to the City of Fayetteville, rkansas, and hereby declares said streets, avenues, and alleys, to be public streets, venue's, and alleys; and the.said City Council hereby assumes the care, control and urisdiction of the same. SECTION 2. That all ordinances and parts of ordinances in conflict with this ordina re hereby repealed, and this action being necessary for the public peace, safety, order omfort, and convenience, within the City of Fayetteville, Arkansas, an emergency is her eclared to exist, and this ordinance shall be in full force and effect from and after i assage and approval. DATED this 12th day of May, 1958. APPROVED: O . //^Age J /'�j/(. TTEST:�� .� J. S IN PARIS MAYOR EZ5 ; DAViSs CITY CLERK ire pprt ente a Count r r annexing certain territory to the City of PiPF41 7�Sr e' %i41i11e �a propose oar ri r e entitled, "AN ORDINANCE ACCEPTING TERRITOR' NNEXED TO THE CITY OF FAYETTEVILLE, ARKANSAS, ASSIGNING SAID TERRITORY TO WARDS AND FOR THER PURPOSES". lderman Kent then moved that the rules be suspended and that the ordinance be placed on is second reading. The motion was seconded by Alderman Smith and passed unanimously. he City Clerk then read the Ordinance for the second time. lderman Kent then moved that the rules be further suspended and that the .ordinance be laced on its third and final reading* he motion was seconded by Alderman Walker and upon roll call the following vote was rec rded: "Aye"` Barnhart , Smith, Lunsford, Williams, Hatfield, Kent, and Walker. "NAY" Non here being seven "Ayes" and No "Nays", the Mayor declared the motion passed. he City Clerk then read the Ordinance for the third and last time. he Mayor then declared the Ordinance open'for further discussion, There being no discus on, the Mayor asked the question,"Shall the Ordinance pass"? Upon roll call the followi ote was recorded, "Aye" Barnhart, Smith, Lunsford, Williams, Hatfield, Kent, and Walker Nay" None. There being seven "Ayes" and No "Nays", the Mayor declared the Ordinance ass -ed and it was given the number 1170. ORDINANCE N0. 1170. ORDINANCE ACCEPTING TERRITORY ANNEXED TO THE CITY OF FAYETTEVILLE, ARKANSAS, ASSIGNING ) TERRITORY TO WARDS AND FOR OTHER PURPOSES: WHEREAS, The County Court of Washington.County, Arkansas, did on April 12, 1958, ake an Order annexing the following described territory to the City of Fayetteville, Arkansas, to -wit: Beginning at the present city limits of Fayetteville at a point 345 feet West of the Northeast corner of the Northwest Quarter of the Northwest Quarter of Section 28, Township 16 North, Range 30 West, and running thence South 1320 feet,. thence East 1075 feet; thence North 330 feet; thence East 336:5 feet; thence North 440.5 feet; thence South 89 degrees 30 minutes East 296.34 feet; thence North 14 degrees 46 minu East 555.0 feet; thence North 16.5 feet to a point on the present city limits which 198.0 feet East of the Northeast corner of the Northwest Quarter Section 28, Townshi 16 North, Range 30 West; thence West to the point of beginning. and, WHEREAS, the County Clerk of Washington County, Arkansas, has forwarded the trans- cripts of said annexation proceedings to the Secretary of State and to the City Council of the City of Fayetteville, Arkansas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the annexation of the above described territory to the corporate limits of the City of Fayetteville, Arkansas, be and the same is hereby accepted. , 5, E N r -IL etteville JO as S • ■. • SECTION 2. That all of the above described territory is hereby assigned to and made a part of Ward 1 of the City of Fayetteville, Arkansas, PASSED AND APPROVED this 12th day of May, 1958. APPROVED: ATTEST: 4, -OrEORGEf " %r 321 There being no further business, Alderman Walker moved to adjourn. The motion was sec- onded by Alderman Smith and passed unanimously, whereupon the Mayor declared the meeti adjourned. APPROVED: // / '. �/ . le�� + .4I _- GEUHUEfJ a�XDAV 139 CITY RK he City Council of Fayetteville, Arkansas, met in regular session on Monday, May 26,1 t 7:30 P.M resent: Mayor J. Austin Parish, City Clerk George J. Davis, City Controller Albert J. ones, City Attorney A.. D. McAllister Jr., City Engineer W. C. Smith, Chief of Police earl Watts, Fire Chief Burl Skelton, and Aldermen: Smith, Burgin, Lunsford, Williams, affield, Kent, and Walker. bsent: Alderman Ralph Barnhart. ORDINANCE AUTHORIZING FISHING AND BOATING ON' THE CITY WATER RESERVOIR KNOWN AS LAKE SON, PROVIDING FOR THE PROMULGATION OF RULES AND REGULATIONS AND FOR OTHER PURPOSES, IT ORDAINED BY THE CITY COUNCIL bF THE. CITY OF FAYETTEVILLE, ARKANSAS: Section 1. Subject to the rules and regulations to be adopted in the manner hereinafter set forth, it shall be lawful to fish in the City reservoir called Lake Wilson and located approximately 3-1/2 miles southeast of Fayetteville in Washington County, Arkan- sas, and to operate boats on said Lake. Section 2. Fishing and boating on said Lake shall be permitted at the time and in the anner hereafter authorized by motion or resolution of the City Council of the City of Fayetteville, Arkansas, having due regard for the rules and regulations of the Board of Health of the State of Arkansas and of the recommendations of the Arkansas State Game and Fish Commission. Section 3. The City of Fayetteville shall from time to time by resolution or motion pro- mulgate all necessary rules and regulations in connection with the use of said Lake for (boating and fishing and all necessary rules and regulations with respect to the time fis may be taken and the types of boats which may be used on said Lake, and to provide such lother rules and regulations in connection with boating and fishing activities on said Lake as may from time to time be desirable, including the fixing of permit fees and suc17. other matters and things as the City of Fayetteville may deem advisable and proper. Section 4. This Ordinance being necessary for the public health, 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 and approval. PASSED AND APPROVED this 26th day of May, 1958. APPROVED: - J. nSTIN PARIS , MAYOR • ATTEST: GEORGVE Le Dnvi6, CITY CLERK a Alderman Kent then read a list of proposed rules for boating and fishing on Lake Wilson. After a long discussion, this was referred to the Water Committee for further study. i 6 Lq �h fi g r, The minutes of the regular session on Monday, May 12, 1958, were read and approved. Alderman Kent reported that the Finance Committee had approved the bills and moved they Ibe allowed as approved. The motion was seconded by Alderman Lunsford and passed unanimously. Alderman Williams introduced a proposed ordinance entitled,"AN ORDINANCE AUTHORIZING Ord. No.1171 ♦FISHING AND BOATING ON THE CITY WATER RESERVOIR KNOWN AS LAKE WILSON, PROVIDING FOR THE authorizing PROMULGATION OF RULES AND REGULATIONS AND FOR OTHER PURPOSES". fishing and he City Clerk then read the ordinance in its entirety for the first time. boating L4lderman Williams moved that the rules be -suspended and that the ordinance be placed on on. -Lake lits second reading. Wilson. The motion was seconded by Alderman Kent and passed unanimously, vlhereupon the City Clerk read the Ordinance for the second time. Alderman Kent moved that the rules be further suspended and that the Ordinance be placed �Ion its third -and final reading. 1'he motion was seconded by Alderman Williams and passed unanimously, whereupon the Clerk Ithe Ordinance for the third and last time. l+he Mayor then declared the Ordinance open for discussion. There being no further discus sion, the mayor asked the question,"Shall the Ordinance pass"? Upon roll call the following vote was recorded, "Aye" Smith, Burgin, Lunsford, Williams, Hatfield, Kent, and Walker. "Nay" None. There being seven "Ayes" and No "Nays", the Mayor declared the Ordinance passed.Alderman Kent then moved the emergency clause be ladopted. The motion was seconded by Alderman Walker and passed unanimously. Ordinance: No. 1171 ORDINANCE AUTHORIZING FISHING AND BOATING ON' THE CITY WATER RESERVOIR KNOWN AS LAKE SON, PROVIDING FOR THE PROMULGATION OF RULES AND REGULATIONS AND FOR OTHER PURPOSES, IT ORDAINED BY THE CITY COUNCIL bF THE. CITY OF FAYETTEVILLE, ARKANSAS: Section 1. Subject to the rules and regulations to be adopted in the manner hereinafter set forth, it shall be lawful to fish in the City reservoir called Lake Wilson and located approximately 3-1/2 miles southeast of Fayetteville in Washington County, Arkan- sas, and to operate boats on said Lake. Section 2. Fishing and boating on said Lake shall be permitted at the time and in the anner hereafter authorized by motion or resolution of the City Council of the City of Fayetteville, Arkansas, having due regard for the rules and regulations of the Board of Health of the State of Arkansas and of the recommendations of the Arkansas State Game and Fish Commission. Section 3. The City of Fayetteville shall from time to time by resolution or motion pro- mulgate all necessary rules and regulations in connection with the use of said Lake for (boating and fishing and all necessary rules and regulations with respect to the time fis may be taken and the types of boats which may be used on said Lake, and to provide such lother rules and regulations in connection with boating and fishing activities on said Lake as may from time to time be desirable, including the fixing of permit fees and suc17. other matters and things as the City of Fayetteville may deem advisable and proper. Section 4. This Ordinance being necessary for the public health, 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 and approval. PASSED AND APPROVED this 26th day of May, 1958. APPROVED: - J. nSTIN PARIS , MAYOR • ATTEST: GEORGVE Le Dnvi6, CITY CLERK a Alderman Kent then read a list of proposed rules for boating and fishing on Lake Wilson. After a long discussion, this was referred to the Water Committee for further study. i 6 Lq �h fi g r,