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HomeMy WebLinkAbout1960-04-11 MinutesA I& City Cier Aiitho r- izad to execute contract with WAIVER OF NOTICE OF SPECIAL MEETING. Comes now the undersigned, being a duly elected, qualified, and acting member of t ity Council of the City of the City of Fayetteville, Arkansas, and specifically waives otice of a special meeting of the Fayetteville City Council held in the City Council oom of the City Administration Building, Fayetteville, Arkansas, at 2:30 o'clock P.M. n Thursday, April 7, 1960. Dated this 7th day of April, 1960. erman fter a long discussion, Alderman Lunsford moved that the action of the City Coundil on ecember 21, 1959, authorizing Whde & McAllister, Attorneys -at -Law, special attorneys fo he City in connection with the airport projects to file proceedings in the Chancery Cou f Washington County, Arkansas, to quiet title in the City of Fayetteville, Arkansas, to 11 real estate owned by the City of Fayetteville, Arkansas, included within the Bou/nda f the Municipal Airport,,subject however to easements owned by Arkansas Western Gas Com nd the easements owned by Gustave Salle and C. L. Salle across the 1AW4 of the NE4 of action 4, Township 15 North, Range 30 West of the 5th Principal Meridian, is hereby escinded and that the Mayor and City Clerk be and they are hereby authorized to execute contract with the heirs of Henry Walker to require a marketable title free of liens, asements, and/or encumbrances to the 101 acres, more or less, joining the Municipal irport and all of the right, title, and interest of the Walker Estate in and to an asement running east -west across the airport property for the sum d $4000.00 for cquisition of the easement interest and 511,000.00 for the acquisition of the 101 acres ore or less, or a total sum of $15,000.000 he motion was seconded by Alderman Hatfield and passed unanimously. ere being no further business., Alderman Smith moved to adjourn. The motion was Seco Alderman Hatfield and passed unanimously, whereupon the Mayor declared the meeting journed. APPROVED: Regular The City Council of Fayetteville, Arkansas, met in regular session on Monday, April 11, Meeting. 1960, at 7:30 P.M. Present: Mayor Gu -y E. Brown, City Clerk George J. Davis, City Controller Albert J. Jones City Attorney A. D. McAllister Jr., City Engineer W. C. Smith, Chief of Police Pearl Wat Fire Chief Burl Skelton, and Aldermen; Smith, Burgin, Lunsford, McClelland, Hatfield, Kent, and Walker. Absent: Alderman Ralph Barnhart. The minutes of the regular session on Monday, March 28, 1960, and of the special session on Thursday, April 7, 1960, were read and approved. The Mayor reported that this was the date,, place, and time set for a public hearing on a forthe closing of an alley in the south part of the City in Ferguson's Addition to the City Public of Fayetteville, Arkansas. He ring The City Clerk reported that the notice of the public hearing had been published once a to close week for two consecutive weeks in the Northwest Arkansas Times, a daily newspaper publis an alley in Fayetteville and having a general circulation in the dity of Fayetteville, Arkansas, in Fergu- that an Abstractor's Certificate of Title showing all the owners of the property joining son's said alley had been attached to the petition prior to the time set for the public hearin Addition. and that he had a letter from each of the utility companies viz, Arkansas Western Gas Co JwAere old Southwestern Electric Power Co., and the Southwestern Bell Telephone Company, stating junk yard they had no, objections to the closing of this alley. used to There being no objections at the public hearing, State Representative Charles Stewart be) introduced an ordinance entitled, "AN ORDINANCE VACATING -AND ABANDONING ALL THAT PORTION OF AN ALLEY RUNNING NORTH AND SOUTH BETWEEN NINTH STREET AND ELEVENTH STREET WITHIN BLOCK SEVENTEEN OF FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS". Ord. to Alderman Kent moved that the Ordinance be placed on the first reading. close The motion was seconded by A-lderman Walker and passed unanimously. said The ordinance was then read in its entirety for the first time. elley• Alderman Burgin moved that the rules be suspended and the ordinance placed on its second reading. The motion was seconded by Alderman Kent and passed unanimously. The ordinance was then read for the second time. Alderman Burgin then moved that the rules be further suspended and the ordinance placed on its third and final reading. Toe motion was seconded by Alderman Kent and passed unanimously. The ordinance was then read for the third and last time. The Mayor then declared the ordinance open for discussion. There being no discussion, the Mayor asked the question, "Shall the Ordinance pass"? Upon roll call the following vote was recorded, "Aye" Smith, Burgin, Lunsford, McClellan Hatfield, Kent, and Walker. "Nay" None. There being seven "Ayes" and No "Nays", the Mayor declared the ordinance passed. 0 petition e • 0 ;s- 475 ORDINANCE N0. 1236 • AN ORDINANCE VACATING AND ABANDONING ALL THAT PORTION OF AN ALLEY RUNNING NORTH AND SOUTH BETWEEN NINTH STREET AND ELEVENTH STREET WITHIN BLOCK SEVENTEEN OF FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS. ArHEBEAS, a petition was duly filed with the City Council of the City of Fayette- ville, Arkansas, on the 26th day of March, 1960, asking the City Council to vacate and abandon all that'portion of the alley designated on the plat of Block Seventeen (17) of Ferguson's Addition to said City, now appearing of record in the Photostat Plat Book, page 203, in the office of the Circuit Clerk of Washington County, beginning at Ninth Street and running to Eleventh Street, bounded on the East by Lots One (1) through OrdinOrdinance anTwelve (12') inclusive, and bounded on the West by Lots Thirteen (13) through Twenty- vacati alley'ig four (24) inclusive; and Fergus WHEREAS, WHEREAS', after due notices as required by law, the Council has at the time and plat Addition, mentioned in the notice. heard all persons desiring to be heard on the question and has ascertained thatthe alley or the portion thereof, hereinbefore described, has- heretofor been dedicated to the.public use as an alley herein described; has not been actually use by the public generally for a, period of at least five (5) years subsequent to the filing of the plat; that all the owners of the property abutting upon the portion of the alley to be vacated have filed with the Council their written consent to such abandonment; and that public interest and welfare will not be adversely affected by the abandonment of such alley. 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 aband 11 it's rights, together with the rights of the public generally, in and to the alley esignated as follows: A twelve (12) foot alley running North and South from Ninth to Eleventh Street, ounded on the East by Lots One (1) through Twelve (12) inclusive, and bounded on the est by Lots Thirteen (13) through Twenty-four (24) inclusive in Block Seventeen (17) o erguson Addition to the City of Fayetteville, Arkansas, and as record in the Photostat lat Book, Page 203, in the office of the Circuit Clerk of Washington County, Arkansas. Provided, however, after said alley is abandoned and vacated by the City of Fayet ille, Arkansas, any presently existing facilities within the alley belonging to and weed by any public utility may be removed by such public utility before any building r structure is built over that portion of land which had•been the alley. SECTION 2. A cop of this ordinance duly certified by the City Clerk shall be filed in the office of the Circuit Clerk of the County and recorded in the deed records of the County. SECTION 3. This ordinance shall take effect and be in force frdm and after its assage and approval. PASSED AND APPROVED THIS 11th day of April, 1960. APPROVED: GUY Fla 13HOWN2 MAYOR TTEST- GEt . DAVIS, CITY CLERK The Mayor presented a petition signed by a majority of the property owners, within the Renaming City Li*its, along Pump Station Road requesting the renaming of that road to, Pump Station "Morningside Drive". Road to After a brief discussion, Alderman Kent moved that the name of the road known as, Mor gsPump Station Road be changed to, Morningsd.de Drive as requested in the petition. Drive. The motion was seconded by Alderman Walker and passed unanimously. The "Blind Corner" ordinance was again brought up for discussion. Alderman Smith m6ved to refer this to the Ordinance Committee. The motion was seconded by Alderman Hatfield and passed unanimously. Alderman Smith reported that the Street Committee had arranged for a demonstration of a Authorizing street flusher in the City on Thursday, April 14, 1960, at 7:30 A. M. purchase of A long.discussion was had concerning the purchase of an asphalt spreader for the City. Asphalt Alderman Lunsford moved that the City Engineer be authorized to prepare specifications Spreader, and advertise for bids for an asphalt spreading machine to be used by the City. The motion was seconded by Alderman Walker and passed unanimously. Alderman Walker then moved that the Street Committee be authorized to receive bids and make the purchase of'an.asphalt spreading machine. 12he motion was r seconded by Alderman Burgin and passed unanimously. The City Attorneq reported that it would be necessary for the Council in regular"�s,ession Ratify to"•ratify'the:actions taken by the .Council in special session on Thursday, April 7, 1960 Actions of due to Alderman Ralph Barnhart not being notified in time for the.special meeting. Counsil Alderman Smith then moved tb..rat"i£yuthe_actions:of:)the'Council at the special meeting in special on Thursday, April 7, 1960, in the purchase of 101 acres of real estate, more or less, meeting and the purchase of an easement running East-West across the Municipal Airport. The motion was seconded by Alderman Hatfield and upon roll call the following vote was recorded; "Aye" Smith, Burgin, Lunsford, McClelland, Hatfield, and Kent. "Nay" None. Not voting: Alderman Bryan Walker. There being six "Ayes" and no "Nays" with one abstaining, the Mayor declared tble • Imotion passed. 47G Deleting Engineer Frank Gould, representing Marion I,, Crist & Associates, Consulting Engineers on portion the Sewer Expansion Project, appeared before the Council in regard to Lateral No. 4, L'. Of Schedule No. 2 of the Sewer Contract by Forsgren Bros. which would serve 6 houses at a Sewer cost of $3224.00 as proposed in the original contract. Contract. kr. Gould reported that the line could be extended to serve 13 houses at a cost of (Tin Cup 06006.00 or an increase of $2782.00 to the original contract cost. hollow) After a lengthy discussion, Alderman Hatfield moved that the Mayor be authorized to Purchase sign a change order deleting Lateral No. 4, Schedule No. 2 from the Sewer Contract. Lewis. The motion was seconded by Alderman Smith and upon roll call the followin� vote was /ofl Fire recorded: "Aye" Smith, Burgin, Lunsford, McClelland, Hatfield, and Kent, cNay" Walker. There being six "Ayes" and only one "Nay", the Mayor declared the motion passed. Agreement with Mr. Mrs. Lewis for use of There being no further business, Alderman Smith moved to adjourn. The motion was secondee I y Alderman Lunsford and passed unanimously, whereupon the Mayor declared the meeting .& Lakesite which was purchased from them. I djourned. APPROVED: ?A,B The motion was seconded by Alderman Kent GUYYROVI , MAYOR QTTEST:�r�C A long discussion was had concerning the ��✓T'� GEORG J�AVIS, CITY CLERK Regular The pity Council of Fayetteville, Arkansas, met in regular session on Monday, April 25, Meeting. 1960, at 7:30 P. M. Present: Mayor Guy E. Brown, City Clerk George J. Davis, City Controller Albert J. Jomes, City Attorney A. D. McAllister Jr., City Engineer W. C. Smith, Chief of Police Pearl Watts, Fire Chief Burl Skelton, and Aldermen: Smith, Burgin, Lunsford, Hatfield, Kent, and Walker. Absent: Aldermen Ralph Barnhart and Ed McClelland. The minutes of the regular meeting on Monday, April 11, 1960, were read and approved. fgrllication The City Building Inspector reported that he had an application for a building to install icelvending an ice vending machine at Cliff's Dairy Mart on Highway 71 North which called for the machine building to be placed closer to the property line than the Building Code Regulations referred would permit and he wished instructions from the douncil on this problem. to long discussion was had and the Council referred this to the Board of Adjustment. l Board Adj, of A Alderman Burgin moved that the City Engineer be and h& is hereby authorized to advertise Herbert and receive bids on 500.feet of 22 inch and 500 feet of 12 inch double jacket, dacron or Purchase 3acron filled and treated to prevent mildew, rot and resistance against freezing, fire Lewis. hose with "easy at the fold" tubes and coupled in 50 foot lengths with NST rocker lug /ofl Fire couplings with a guarantee on this hose to stand a minimum of 600 lbs. test before paymer Hose. is made, and that the Police and Fire Committee be authorized to make the purchase of Agreement with Mr. Mrs. Lewis for use of this hose. The motion was'seconded by Alderman Walker and passed unanimously. Inspect The City Building Inspector reported that the electrical wiring and several of the conn wiring tions in the City Housing Project were in bad shape and should be checked and replaced in, where needed as it created a fire hazard. City Alderman Walker moved that the City Building Inspector be authorized to check the elect Housing, airing and connections in the City Housing Project replacing same where needed. I The motion was seconded by Alderman Lunsford and gassed unanimously. Aderman Lunsford reported that the City had three offers (or bids) to keep the Airport Mowing mowed and the hay removed. Airport. After a lengthy discussion, Alderman Burgin moved that the Airport Committee be authorize to negotiate an agreement for keeping the Municipal Airport (Drake Field) mowed for a I eriod not to exceed five years. The motion was seconded by Alderman Walker and passed unanimously. License Agreement i The Mayor reported that Herbert Lewis had requested a License Agreement from the City on with the property at Lake Sequoyah which Mr. & Mrs. Lewis had sold to the City of Fayetteville Mrl & Mrs. for the lakesite. Herbert Alderman Burgin moved to approve the License Agreement with Mr. & Mrs. Herbert Lewis and Lewis. that the Mayor and City Clerk be and they are. hereby authorized to execute said License Agreement with Mr. Mrs. Lewis for use of the land not being used at the Lake Sequoyah .& Lakesite which was purchased from them. The motion was seconded by Alderman Kent and passed unanimously. A long discussion was had concerning the remaining phases of the Master Planning Program to be adopted but no action was taken at this time. It was agreed to take the necessary I ction on this at special meetings to be held on the first and third Monday nights in the months of May and June. Ordinance Alderman Smith reported that the Street, Shop, and Sanitation Committees had recommended on that a superintendent be employed to have jurisdiction overcall three of these department ist IThe City Attorney introduced and read a proposed ordinance in its entirety for the first Rea ing, time entitled, "AN ORDINANCE CREATING THE OFFICE OF SUPERINTENDENT OF STREETS, SHOPS, ANI Supt. of SANITATION, DEFINING HIS DUTIES, AND FOR OTHER PURPOSES". St',Shop, No further action was.taken at this time and the ordinance was left on its first reading. &Sanitation) fihere being no further business, Alderman Burgin moved to adjourn. The motion was sec6nde by Alderman Kent and passed unanimously, whereupon the Mayor declared the meeting adjourr APPROVED: kn--Ii cal s. ed. •I •