Loading...
HomeMy WebLinkAbout1960-11-28 Minutes39 r LEGAL DESCRIPTION OF REAL ESTATE REFERRED TO IN "DEED FOR STREET PURPOSES ON PAGE 3 Legal DSscription u (A part of the NW 1/4 of the SW 1/4 of Section 21, Township 16 North, Range 30 West o of property The Fifth Principal Meridian, County of Washington, State of Arkansas, being more in Right of -Way particularly described as followsd Beginning at the northeast corner of the SW 1/4 of Deed on Page Section 21, and running thence East 644.75 feet to the West side of Brooks Avenue; 389 thence South 300 West along the West side of said Brooks Avenue 28.87 feet; thence West 630.32 feet; thence North 25 feet to the place of beginning containing 0.36 acres, more or less.) Alderman Smith reported that a street light was needed near the South Side Baptist Churc] St. Lite at the intersection of Went Avenue and 13th Street (south). South West Age Alderman Smith then moved that the Mayor be authorised to cause a street light to be &,13th �t, linstalled at the intersection of South West Avenue and 13th Street, near the South aide installed. laptist Church. The motion was seconded by Alderman Kent and passed unanimously. A long discussion was had concerning sewer connections on our new sewer lines, i.e. Notice in whether immediate steps•should be taken to compel the property owners to make, the sewer paper concerning(connections or not. sewer co actions. (Alderman Smith.moved that the Mayor be authorized and directed to insert in the North- west Arkansas 'Dimes Newspaper for three (3) consecutime days, a Notice quoting applicably compel se"er provisions of the Statute of the State of Arkansas requiring unsewered property owners connectio%s, located within 300 feet of an existing sewer line to connedt to such sewer line, That the notice further state that appropriate action will be instituted by the City of Fayetteville to insure prompt compliance with the requirements of the State laws in the event such sewer connections to the unsewered hous9,dwelling, or building concerned are not voluntarily completed by January 3, 1961. The motion was seconded by Alderman Lunsford and passed unanimously. 4" water mains Alderman McClelland read a letter from the Water Superintendent W. C. Smith in regard to to I `the construction of a 4 inch water main from the high service system on Mt. Seguoyah to Waneetah Hts. Waneetah Heights in order to give more water pressure to the people living on Waneetah �FIeights. After a brief discussion, Alderman McClelland moved to authorize the Water Superintendan• to purchase the necessary pipe from the low bidder and install the 4 inch water mains wi• city forces as he had recommended. The motion was seconded by Alderman Burgin and passed unanimously. Duck hunting (The Mayor reported that he had received several requests to hunt ducks on the City Lakes on City Lakes. lfterqq, long discussion, Alderman Kent moved to refer this to the Water Committee and Water ( Wlld.-`ee to prepare rules and regulations and present at the next regular Council meeting on Monday, November 28, 1960v The motion was seconded by Alderman Walker and passed unanimously. There being no further business, Alderman Smith moved to adjourn. The motion was seconde by Alderman Lunsford and passed unanimously, whereupon the Mayor declared the meeting adjourned. APPROVED: /An ATTEST• , MAOR GEO Xe DA9C1T'Y CLEK Regular The City Council of Fayetteville, Arkansas, met in regular session on Monday, November 28, Meeting 1960, at 7:30 P.M. Present: Mayor Guy 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 Wgtts, Fire Chief Burl Skelton, and Aldermen: Barnhart, Smith, Burgin, Lunsford, Hatfield, and Walker. Absent: Aldermen McClelland and Kent. The minutes of the regular meeting on Monday, November 14, 1960, were read and approved. Council to The City Clerk reported that the second regular meeting -in December would be due to be meet lstl& held on December 26 which would be the Xmas Holiday and it was customary to change the 3rd Monday regular meeting dates during that month to either the first and third londay nights or nights in Dec. the second and third Monday nights. After a brief discussion, Alderman Walker moved to change the regular meeting nights in December, only, from the second and fourth Monday nights to the first and third Monday nights. (December 5 and 19) The motion was seconded by_Alderman Lunsford and passed unanimously. Ordinance The City Attorney reported that he had letters from the three Utility Companies, viz, to vacate Light Co., Gas Co., and Telephone Co. stating they had.no objection to the closing of portion that portion of Walnut Avenue lying between the South line of Sutton Street and the Walnut ve. North line of that portion of Walnut Avenue ,,heretofore vacated by order of the Chancery Court of Washington County, Arkansas, in the City of Fayetteville and that all other regulations had been complied with regarding the vacating of that portion of Walnut Avenue. The City Attorney then read a proposed ordinance in its entirety for the first time entitled, "AN ORDINANCE VACATING THAT PORTION OF WALNUT AVENUE LYING BETWEEN THE SOUTH LINE OF SUTTON STREET AND THE NORTH LINE OF THAT PORTION OF WALNUT STREET HERETOFORE VACATED BY ORDER OF THE CHANCERY COURT OF WASHINGTON COUNTY, ARKANSAS, IN THE CITY OF FAYETTEVILLE, ARKANSAS". Alderman Hatfield moved that the rules be suspended and the ordinance placed on the second reading. ' The motion was seconded by Alderman Walker and passed unanimously, whereupon the ordina- nce was read for the second time. Alderman Hatfield than moved that the rules be further suspended and the ordinance be placed on the third and final reading. The motion was seconded by Alderman Burgin and passed unanimously. The ordinance was then read for the third and last time. The Mayor then declared the ordinance open for discussion. After a brief discussion, the Mayor asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded, "Aye" Barnhart, Smith, Burgin, Lunsford, Hatfield, and Walker. "Nay" None. There being six "Ayes" and no "Nays", the Mayor declared the ordinance passed. 40 ORDINANCE NO. 1252 N ORDINANCE VACATING THAT PORTION OF WALNUT AVENUE LYING BETWEEN THE SOUTH LINE OF UTTON STREET AND THE NORTH LINE OF THAT PORTION OF WALNUT STREET HERETOFORE VACATED BY RDER OF THE CHANCERY COURT OF WASHINGTON COUNTY, ARKANSAS, IN THE CITY OF FAYETTEVILLE, RKANSAS. WHEREAS, A Petition was duly filed with the City Council of the City of Fayetteville, Arkansas, on the 24th day of October, 1960, asking the City Council to vacate and aban lon that portion of Walnut Avenue lying between the South line of Sutton Street and the orth line of that portion of Walnut Street heretofore vacated by order of the Chancery ourt of Washington County, Arkansas, in the City of Fayetteville, Arkansas, and WHEREAS, after due notices as required by law, the City Council has, at the time, nd place mentioned in the notice, heard all persons desiring to be heard on the questi nd has ascertained that the portion of the street hereinabove described has heretofore een dedicated to the public use as a street; has not been actually used by the public enerally for a period of at least five (5) years subsequent to the filing of the plat; hat all of the owners of the property abutting on the portion of said street sought to e vacated have filed with the City Council their written consent to said abandonment, nd that public interest and welfare will not be adversely affected by the abandonment f said street. NOW, THEREFORE, BE -IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, RKANSAS: SECTION 1. The City of Fayetteville, Arkansas, hereby releases, vacates, and aban- ons all its right, together with the rights of the public generally, in and to that ortion of Walnut Avenue lying between the South line of Sutton Street and the North li f'that:portion of Walnut Street heretofore vacated by Order of the Chancery Court of ashington County, Arkansas, in the City of Fayetteville, Arkansas, reserving unto said ity of Fayetteville, Arkansas, its successors and assigns an easement or right of way over, under and across the portion of said street hereby vacated for the purpose of co ucting, installing, laying, and relaying, relocating and maintaining all public utilit ow located or which may hereafter bellocated upon said vacated alley by said City or a orporation having a franchise or right of way from said City. SECTION 2. A. copy of this Ordinance duly certified by the City Clerk shall be fil the office of the Recorder of the County, and recorded in the Deed Records of the ntv. SECTION 3. This Ordinance shall take effect and be in full force from and after it ORDINANCE N0. 1246 The questiono annexation of certain territory to the City of Fayetteville Arkansas (U.S. Highway No. 71 South Area) For Annexation Against Annexation —ORDINANCE NO. 1247 Th� uest %n of �n ex4lop of tertaitn teui�ori to the CitK of F ettevijle Ar a sas real y ng or heas , Eas an ou heast; Nort wast, fest an Southwea� t - s passage. PASSED AND APPROVED THIS 28th day of November, 1960.. APPROVED: 2d-Uw y ATTEST:CKz ^� ^v � 0 , MAYOR G . 'GEORGw ty,4(FDAVis, CITY CLERK icense Mr. Chester Leonard appeared before the Council in regard to a License Agreement for th geeement Bowen troperty which had been purchased by the City of Fayetteville for the lakesite at or Bowen Lake Sequoyah. property He stated that he had an option to purchase the remainder of the Bowen real estate iscussed, provided he could obtain a satisfactory License Agreement from the City on the other real estate of the Bowen Estate owned by the City and not needed for water purposes in Lake Sequoyah. After a long discussion, Alderman Smith moved to refer this to the Water Committee and the City Attorney for study and recommendation. The motion was seconded by Alderman Burgin and passed unanimously. Certifi- Alderman Lunsford moved to spread of record in'the minutes of Procedure of the City cate of Council of Fayetteville, Arkansas, the Certificate of the Washington County Election Co: lection. missioners as to the result of the vote of the electorate on Ordinances No. 1244, passe and approved by the City Council of Fayetteville, Arkansas, on September 9, 19609 No. 1246, passed and approved on September 26, 1960, and No. 1247, passed and approved on October 59 19609 at the General Election held on Tuesday, November 8, 1960. The motion was seconded by Alderman Burgin and passed unanimously. CERTIFICATE OF ELECTION This is to certify that in the General Election on November B. 1960, Ordinance No. 1244, Ordinance No. 1246, and Ordinance No. 1247, were submitted to the voters of Fayet ville, Arkansas, on the ballot in the following form: ORDINANCE NO. 1244 The.question of annexation of certain territory to the City of Fayettevill Arkansas (U.S, Highway No. 71 North Area) For Annexation Against Annexation ORDINANCE N0. 1246 The questiono annexation of certain territory to the City of Fayetteville Arkansas (U.S. Highway No. 71 South Area) For Annexation Against Annexation —ORDINANCE NO. 1247 Th� uest %n of �n ex4lop of tertaitn teui�ori to the CitK of F ettevijle Ar a sas real y ng or heas , Eas an ou heast; Nort wast, fest an Southwea� t - s Certificate For Annexation of Election Commis I ioners. Against Annexation This is to certify further that from the certificates of the Judges and Clerks in the various wards in the City of Fayetteville, Arkansas, and the canvassing of the returns by the Washington County Election Commissioners, it was determined that the following votes were cast for and against said ordinances as follows: For Ordinance No. 1244 3170 Against Ordinance No. 1244 2422 For Ordinance No. 1246 3010 Against Ordinance No. 1246 2571 For Ordinance No. 1247 2368 Against Ordinance No. 1247 3179 was taken at this time and the ordinance was left on the first reading. Resolution The City Attorney than read a proposed resolution authorizing the City Clerk to have authorizing phases of the Master Planning Program recorded in the office of the Circuit Clerk of CitylClerk Washington County.which have been acted upon by the City Council at this time. to have After a brief discussion, Alderman Barnhart moved that the Resolution be adopted. certain The motion was seconded by Alderman Lunsford and passed unanimously. papers recorded. (a) R.B. Cox (s) Donald Parks (s) W. B. Putnam WASHINGTON COUNTY ELECTION COMMISSIONERS Annexation The City Attorney reported that the Washington County Court on November 3, 1960, Report entered an order annexing certain territory to the Town of Greenland, Arkansas, a portic from of which territory was included within the boundaries of the territory sought to be City Attorney. annexed to the City of Fayetteville, Arkansas, by Ordinance No. 1246, passed and approve by the City Council of Fayetteville on September 26, 1960, and approved by the Electorat at the General Election held on Tuesday, November 8, 19600 and that an appeal to the Washington Circuit Court could be taken by interested parties within Thirty (30) Days from the date of the Court Order. I The City Attorney further reported that a number of citizens had filed a petition in the Washington County Court to incorporate certain territory into the town of Johnson, Arkansas, and that a portion of this territory overlappedl�a portior4 of the territory sought to be annexed to the City of Fayetteville, Arkansas, by Ordinance No. 1244, passed and .approved by the City Council of Fayetteville on ,eptember 9, 19600 and approved by the Electorate at the General Election on Tuesday, November 8, 1960, that the Washington County Court had continued the matter of hearing such petition to December 3, 1960, and that it was recommended that the Council confirm and approve the actions of the Mayor and City Attorney in filing'a remonstrance in behalf of the City of Fayetteville opposing the consolidation into the Town of Johnson, Arkansas, territory included within the boundaries of the territory sought to be annexed to the City of Fayetteville. The City Attorney further requested that the City Council authorize the filing of a petition to the Washington County Court to annex to the City of Fayetteville, such territory included within the boundaries of the areas described in Fayetteville City Ordinances No. 1244 and 1246 as the City Council should deem advisable and designate the City's agents for the prosecution of all annexation proceedings relating to Ordinances No. 1244 and 1246. Actions of After a brief discussion, Alderman Lunsford moved that the actions of the Mayor and Mayor & City Atty. (City Attorney in filing a remonstrance in behalf of the City of Fayetteville in the in matter of proceedings now pending in the Washington County Court to consolidate certain territory Annexation into the Town of Johnson, Arkansas, be approved and confirmed. approved & The motion was seconded by Alderman Burgin and passed unanimously. confirmed. Alderman Burgin then moved that the Mayor, City Engineer, City Attorney, and Special Authorize) Attorney W. B. Putman, be designated to act as agents of the City to prosecute in the Mayor, Cit. Eng. courts in' behalf of the City of Fayetteville, all annexation proceedings approved by the City Atty. l & electorate at the General Election on Tuesday, November 8, 1960, and that said agents be Special Atty. and they are hereby instructed to annex to the City of Fayetteville, all territory to petitbon for approved by the electorate at the said General Election. annexation The motion was seconded by Alderman Lunsford and passed unanimously. Ords. 1244 1246. The City,Attorney recommended that a special meeting of the City Council be held at Special Meeting. 12:00 o'clock noon, CST., Friday, December 2, 1960. called. This was approved by the Council by acclamation. City Atty. The City Attorney read a proposed ordinance in its entirety for the first time setting Ordinance forth the duties and salary of the City Attorney, read first A long discussion was had and the City Attorney quoted salaries paid to the City Attorne time, I by several cities in Arkansas of the same class as Fayebteville but no further action was taken at this time and the ordinance was left on the first reading. Resolution The City Attorney than read a proposed resolution authorizing the City Clerk to have authorizing phases of the Master Planning Program recorded in the office of the Circuit Clerk of CitylClerk Washington County.which have been acted upon by the City Council at this time. to have After a brief discussion, Alderman Barnhart moved that the Resolution be adopted. certain The motion was seconded by Alderman Lunsford and passed unanimously. papers recorded. Resoult 16-60 rpose of sting 'gents directed to appeal Greenland annexation if any ottie r pa qty appealed. RESOLUTION 16-60 WHEREAS, on May 11, 1959, the City Council of the City of Fayetteville, Arkansas, adopted Resolution No. 8-59 approving a master street plan together with maps and regu- lations relating thereto for the City of Fayetteville, Arkansas,. which plan now appears of record in the office of the Circuit Clerk and Ex -Officio Recorder for Washington County, Arkansas, and WHEREAS, on May 29 1960, the City Council adopted -Resolution No. 6-60 approving a Land Use Plan together with maps,and regulations relating thereto for the City of Fayetteville, Arkansas, and WHEREAS, on June 13, 1960, the City Council of the City of Fayetteville, Arkaneas,1 adopted Ordinance No. 1239 entitled AN ORDINANCE RELATING TO THE ZONING LAWS OF THE CITY OF FAYETTEVILLE, ARKANSAS; REPEALING ZONING ORDINANCE NO. 1002 ADOPTED SEPTEMBER 10, 1951, AND ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR THE SEVERABILITY OF THE PROVISION HEREOF, and WHEREAS, on September 12, 1960, the City Council of the City of Fayetteville, Arkansas, adopted Ordinance No. 1245 entitled SUBDIVISION REGULATIONS, Fayetteville, Arkansas, and WHEREAS, the aforesaid resolution No. 6-60 provided that the City Clerk would not record any additional resolutions, maps and/or ordinances pertaining to the overall cit planning program until such time as study and action on all'phases of the City Planning Proposals were complete in order that -all -recording may be done simultaneously, and WBEREAS, the Community Facilities Plan is the last in the various planning proposals to be submitted by the City Planning Commission for adoption by the City Council. NOW, THEREFORE, BE.IT.ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Clerk be and he is hereby directed to place of record in the office. of the Circuit Clerk and Ex -Officio Recorder for Washington County, Arkansas the above mentioned resolution No. 6-60 together with any maps and/or regulations per- taining thereto,.Ordinance No. 1239, and Ordinance No. 1245, all heretofore adopted by the City Council of the City of Fayetteville, Arkansas. Dated this 28th day of November, 1960. APPROVED: ATTEST: 0 , MAYOR GEORG J. AVIS, CITY C MRK There bAing no further business, Alderman Walker moved to adjourn. The motion was sec by Alderman Smith and passed unanimously, whereupon the Mayor declaredthemeeting adjourned. APPROVED: ATTEST: � r� GEOR .'DAVIS, CITY CLERK Phe City Council of Fayetteville, Arkansas met in special session on Friday, December 20 1960, at 12:00 Noon, CST. Present: Mayor Guy E. Brown, City Clerk George J. Davis, City Controller Albert J. Jones, City Attorney A. D. McAllister Jr., City Engineer W.C. Smith, and Aldermen: Barnhart, Smith, Lunsford, Hatfield, Kent, and Walker. Absent: Aldermen J. E. McClelland and Ellis Burgin. ( Special Attorney W. B. Putman and City Attorney Elect Charles Bass Trumbo were also present -at this meeting) e Mayor reported that the purpose of the meeting was to discuss annexation problems ncerning the territory set forth in City Ordinances No. 1244 and 1246 approved by the ectorate of the City of Fayetteville at the General Election on Tuesday, November 8, d that all members of the Council had been notified by U. S. Mail but Aldermen Ellis rgin and J. E. McClelland were out of the City and could not attend, but had waived tice of the meeting. WAIVER OF NOTICE OF SPECIAL MEETING OF FAYETTEVILLE CITY COUNCIL Comes now the undersigned, being a duly elected, qualified, and acting member of t City Council of the City of Fayetteville, Arkansas, and specifically waives notice of a special meeting of the Fayetteville City Council to be held in the City Council Room of the City Administration Building, Fayetteville, Arkansas, at 12:00 o'clock Noon, CST, on December 2, 1960. Dated this 2nd day of December, 1960. f After a long discussion of the territory sought` -to be annexed as set forth in pity Ordinances No. 1244 and 1246, Alderman Lunsford moved that the agents, City Attorney A. D. McAllister, Jr., and N. B. Putman, heretofore designated to represent the City in connection with the annex- ation of territory south of the present corporate limits of the City be authorized and directed to file an appeal to the Washington Circuit 1:6urt from the order of the Washin ton County Court entered November 39 1960, in the matter of Annexation of Territory to the Town of Greenland, Arkansas, in the event any other interested party to such procee ings should take an appeal to the Washington Circuit Court and in the event no such appeal is taken, then said agents be and they are hereby directed to petition the