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HomeMy WebLinkAbout1960-10-24 MinutesCiv Public Na to vacate portion of Garriott lD 35 for Alderman Burgin reported that Mr. Withey had stated that the sum of $300.00 was needed at this time for the Civil Defense Program. After a brief discussion, Alderman B}�rin ove d `haat the. sum of 0300.00 be appropriated nae for the Citril Defense Program � /r am. The motion was seconded by ail erman K nt and upon roll call the following vote was recorded, "Aye" Burgin, McClelland, Hatfield, Kent, srlar "Nay" Smith& Walker. There being four "Ayes" and only two "Nay9; the Mayor declared the motion passed. There being no further business, Alderman Walker moved to adjourn. The motion was seconded by Alderman Smith and passed unanimoualy, whereupon the Mayor declared the meeting adjourned. APPROVED: O ATTEST: � , MAYOR A.;�.GEQfib AVIS, CITY CLERK UZZ urainance No! 1249 The pity Council of Fayetteville, Arkansas, met in regular session on Monday, October 2 19609 at 7:30 P.M. Present: Mayor Guy E. Brown, City Clerk George J. Davis, City Controller Albert J. Jone City Attorney A. D. McAllister, Jr., City Engineer W. C. Smith, Chief of Police Pearl Watts, Fire Chief Burl Skelton, and Aldermen: Barnhart, Smith, Burgin, Lunsford, Hatfie Kent, and Walker. Absent: Alderman McClelland, minutes of the regular session on Monday, October 10, 1960, were read and approved. The Mayor reported that this was the date, time, and place set for a public hearing on the petition of Earl Garriott and Myrtle -Rose Garriott, husband and wife,.to vacate that portion of Garriott Drive lying between Brooks Avenue and the West line of Sectiol 21, Township 16 North of Range 30 West of the 5th Principal Meridian, The City Clerk presented an Abstractorts Certificate of Ownership showing the Record Owners of the property involved, and a letter from each of the three utility companigs viz., Telephone,Company, Southwestern Electric Power Co., and the Arkansas Western Gas Co. as well as a copy of the minutes of the meeting of the Planning Commission on October 18, 1960, approving the vacating of this street. The City Clerk further reported that notice of this public hearing had been published once a week for two consecutive weeks in the Northwest Arkansas Times, a daily newspaper published in Fayetteville, Arkansas, and having a general circulation in the City of Fayetteville, Arkansas. The Mayor reported that any and all objections to this petition would be heard at this time. As there were no objections, the City Attorneys introduced and read a proposed ordinance in its entirety for the first time entitled, AN ORDINANCE VACATING GARRIOTT DRIVE BETWEEN THE WEST LINE OF BROOKS AVENUE AND THE WEST LINE OF SECTION 21,9TOWNSHIP.16 NORTI OF RANGE 30 WEST OF THE 5TH PRINCIPAL MERIDIAN, IN GARR'IOTT SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS". Alderman Smith moved that the rules be suspended and the ordinance placed on the second reading. The motion was seconded by Alderman Burgin and passed unanimously. The ordinance was then read for the second time. Alderman Smith then moved that the rules be further suspended and the ordinance placed on the third and final reading. The 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 th4 Mayor asked the question,"Shall the Ordinance pass"?, Upon roll call the following Vote was recorded, "Aye" Barnhart, Smith, Burgin, Lunsford; Hatfield, Kent, and Walker. "Nay" None. There being seven "Ayes" and no "Nays", the Mayor declared the ordinance passed. ORDINANCE N0. 1249 AN ORDINANCE VACATING GARRIOTT DRIVE BETWEEN THE WEST LINE OF BROOKS AVENUE AND THE W LINE OF SECTION 21, TOWNSHIP 16 NORTH OF RANGE 30 WEST OF THE.5TH PRINCIPAL MERIDIAN, GARRIOTT SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS. WHEREAS, a petition was duly filed with the City Council of the City of Fayetteville, Arkansas, on the 10th day of.Octeber, 1960,,.asking the;City Council to vacate and aban- don all that,.part of Garriott Drive lying between the west line of'Brooks Avenue and the west line of Section 21, Towship 16 North of Range 30 West Qfr the..5th Principal Meridian, in Garriott SubdivisioW6 the City of Fayetteville, Arkansas,• and ' ;..• J..WHEREAS, after due notices as required by law, the City Council has at the time and place mentioned in the notice, heard all persons desiring to be heard on, the question and has ascertained that the street hereinabove described.has heretofore ben dedicated to the public use as a street; has not been actually used by the public generally for a period of at least five (5) years subsequent to the filing of the plat; that all of the owners of the property abutting on the portion of said street sought to be vacated have filed with the City Council their written consent to said abandonment, and that public interest and 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 abandons allits right, together with the rights of the public generally, in and to all that portion of Garriott Drive lying between the west line of Brooks Avenue and the west line of Section 21, Township 16 North of Range 30 West of the 5th Principal Meridian., in Garriott Subdivision to the City of Fayetteville, Arkansas. J06 IRight- of`-way deed referred to' Plan. Com. P ition to vacate orition of Walnut AVe. 15-60 Tax Levy, 'or - 1960. Scarbrough &ICo6 to audit books for 1960. Section 2. A copy of this ordinance duly certified by the City Clerk shall be fil in the office of the Recorder 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 passage. PASSED AND APPROVED THIS 24th day of October, 1960. APPROVEDe ATTEST* kill uB()1ff.i4/jPT)AV1U, CITY The City Attorney presented a proposed.Right-Of-Way Deed For Street Purposes from William M. Center and Wilma J. Center, husband and wife,said street being located in Southwest part of the City. ( Really an extension of 15th Street) After a brief discussion, Alderman Smith moved to refer this to the Planning Commiss The motion was seconded by Alderman Lunsford and passed unanimously. The City Attorney presented a petition signed by the property owners of certain real estate abutting on that portion of Walnut Avenue lying between the South line of Sutton Street and the North line of that portion of Walnut Avenue heretofore vacated by order of the Chancery Court of Washington County,Arkansas, to vacate and abandon said above described property. After a brief discussion, the City Attorney introduced and read in its entirety a proposed resolution setting a time, date, and place of a public hearing on this petition instructing the City Clerk to cause notice of said public hearing to be published and directing the City Clerk to cause an abstractor's certificate as to the record owners of said property affected, and to refer to the City Planning Commission for report and recommendation on or before the date set for the hearing. Alderman Smith moved that the resolution be adopted. The motion was seconded by Alderman Lunsford and passed unanimously, whereupon the Mayor declared the Resolution adopted. RESOLUTION 15-60 WHEREAS, it appears that the petition of Industrial Finance Company and Vernon E. Pittman and Catherine Pittman, husband and wife, to vacate that portion of Walnut Avenue between the south line of Sutton Street and the north line of that portion of Walnut Avt heretofore vacated by order of the Chancery Court of Washington County, Arkansas, was duly filed with the City Clerk of the City of Fayetteville, Arkansas, on the 24th day o] October, 1960, and WHEREAS, it appears that this is the next regular meeting of the City Council fol- lowing the filing of said petition; NOW, THEREFORE, BE IT.RESOLVED: 1. That the 14th day of November, 19600 at 7:30 o'clock P.M., in the City Council Room of the City Administration Building, be and the same is hereby fixed as the time and place for hearing upon said petition. 2. That the City Clerk of the City of Fayetteville, Arkansas, be and he is hereby directed to give notice of such hearing to all interested parties by publication there once a week for two (2) consecutive weeks in the Northwest Arkansas Times, a newspaper published in Washington County, Arkansas, and having a general circulation in the City of Fayetteville, Arkansas. 3. That the City Clerk of the City of Fayetteville, Arkansas, be and he is hereby directed to cause an abstractor's certificate as to the record owners of the lots abutting upon said street or alley sought to be vacated, to be attached to said petiti prior to the date set for hearing thereon. 4. That said petition be and the same is hereby referred to the City Planning Commission for report and recommendation on or before the date set for hearing thereon. PASSED AND APPROVED THIS 24th day of October, 1960. APPROVED: Alderman Kent reported that the tax levy for the year of 1960 should be approved at th time and he moved that the City of Fayetteville's tax levy for the year of 1960 be set at 13.5 mills to be distributed as follows.: , Identification Mills General Fund ---------------------------- 5,.10 Fire Protection ----------------------- 3.5 . General Obligation Bond Issue of 1959 --- 3.5 Police Pension Fund -------------------- .5 Fire Pension Fund ---------------------- .5 Park Maintenance ----------------------- .4 Hospital Maintenance ------------------- .1 Total i3.5 The motion was seconded by Alderman Smith and passed unanimously. 21 Alderman Kent then moved to employ the firm of Myers, Scarbrough, and Baker to audit City records for the year of 1960 as has been done for the past several years. The motion was seconded by Alderman Hatfield and passed unanimously. (Alderman Walker was excused at --this time. Jim Hatfield yr. Jim Hatfield appeared before the Council with a plat for a subdivision which had bee Plat referred approved by the Planning Commission, back toIt was noted that some variances from the Subdivision Regulations were made on this plat Planning and after a long discussion, Alderman Burgin moved to refer this plat back to the Planni Commission Pommission for further study, recommendation, and explanation of the variances from the for study Subdivision Regulations; also that the Planning Commission•make further recommendation and I as to whether the Subdivision Regulations should be amended to allow similar varianess. recommendationThe motion was seconded by Alderman Smith and upon roll call the following vote was recorded: "Aye" Barnhart, Smith, Burgin, Lunsford, and Kent. "Nay" None. "Abstaining" Hatfield. There being five "Ayes" and no "Nays" with one "Abstaining", the Mayor declared the motion passed. 3'7 The City Attorney presented a petition signed by several property owners to annex some Annexation of real estate containing 99.32 acres, more or less, lying adjacent to the City on the Nort some property and between the Old Wire Road and U:S. Highway No. 71 North; also a 8ertified Transcript north of from the County Clerk of..a County -Court Order annexing this property to.the City of City. Fayetteville, Arkansas. John I Smith after a brief discussion, Alderman Burgin introduced and read in its entirety for the and I first time a proposed ordinance entitled; "AN ORDINANCE ACCEPTING TERRITORY ANNEXED TO others.- THE CITY OF FAYETTEVILLE, ARKANSAS, ASSIGNING SAID TERRITORY TO WARDS, AND FOR OTHER l UL" V VL"JY . Alderman Smith 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 Smith then moved that the rules be further suspended and the ordinance placed o its .third and final reading. I . Ordinance The motion was seconded by Alderman Lunsford and passed unanimously. No. 1250 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 then asked the ;question, "Shall the Ordinance pass"? Upon roll call the following vote was recorded, - Aye" Barnhart, Smith, Burgin, Lunsford, Hatfield, and Kent. "Nay" None. There being six "Ayes" and no "Nays", the Mayor declared the ordinance passed. ORDINANCE N0. 1250 �N ORDINANCE ACCEPTING TERRITORY ANNEXED TO THE CITY OF FAYETTEVILLE* ARKANSAS, ASSIGNIN SAID TERRITORY TO WARDS, AND FOR OTHER PURPOSES. WHEREAS, the County Court of Washington County, Arkansas, did on September 19,1960, make an Order annexing the following described territory to the City of Fayetteville, rksnsas, to -wit: Part of the fractional North Half of Section 3, and.a part of the North Half of the Southeast Quarter of Section 3, all in Township 16 North, of Rerj0 ;Wt nskl'�b as beginning at a point 300 feet East of the Northwest corner sa i� �T��'" North Half, and running thence South 1220 feet, more or less,) to the South line of said Fractional North Half; thence East 1020 feet, more or less, to the center poin of said fractional Section 3 thence South 727.08 feet, more or less; thence East 1488.9 feet; thence South 766 East 456.5 feet, more or less, to the center line of the Old Wire Road; thence Northemsterly with the center line of said road 832T feet thence West 871.15 feet; thence North 880.64 feet; thence West 562 feet; thence North 94.5 feet;.thence West 395.4 feet; thence North 291.5 feet, more or less, to the North line of.said fractional Section 3; thence West 1380 feet, more or less, t the place of beginning, containing 99.32 acres, more or less. and, WHEREAS, the County Clerk of, Washington County, Arkanses, 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, �RKANSAS: SECTIONil. That the Annexation of the above described territory to the Corporate limits of the City of Fayetteville, Arkansas, be and the same are hereby accepted. SECTION 2. That all of the above described territory is hereby assigned to and made a part of Ward 3 of the City of Fayetteville, Arkansas. PASSED AND APPROVED this 24th day of October, 1960. APPROVED: TTEST: a MAYOR GEOFOE AVIS, CITY CLQ _7 There being no;•furtler busines's;'Ald6rman Lunsford moved to adjourn. The motion was seconded by Alderman Kent and passed unanimously, whereupon the Mayor declared the meeting adjourned. APPROVED: ATTEST: NU BROWNp MAYOR OR04y JkZ)AVIS, CITY '=Rr —