HomeMy WebLinkAbout1961-11-20 Minutes1011
General Fund ---------------------------------------- 5.0
Fire Protection ----------------=--------------------- 3:7
General Obligation Bond Issue of 1959 ----------------- 3:5
Police Pension Fund ---------------------------------- .5
Fire Pension Fund ------------------------------------ :5
Park Maintenance Fund ---------------------------------- .:5
Hospital Maintenance Fund ------------------------------ .3
Total Millage44.0
The Motion was seconded by Alderman Smith and passed unanimously.
Street Com.
recommended that Alderman Christie reported that the Street Committee had recommended that no appropria-
tion be made at this time for a bridge across Skull Creek at Sycamore Street.
no bridgelbe A brief discussion was had but no further action was taken,
constructed
across Skull Cr.. The proposed ordinance entitled,"AN ORDINANCE TO AMEND ORDINANCE N0. 1165,, SECTION 1,
I SCHEDULE OF SEWER RATES, CLASS 1 AND CLASS 2; AND FOR OTHER PURPOSES" was read for the
Ordinance to second time by the City Attorney.
Amend 1165 After a long'discussion, Alderman Christie' -moved to refer the above proposed ordinance
on Second to the Water, Sewer, -and Finance Committees for fur;hher study.
Reading. The motion -was seconded by Alderman Walker but before a vote was taken Alderman Smith
moved -to amend this motion to read;"Refer the above proposed ordinance to the Water,
Sewer, and Finance Committees for study and that they be requested to report at the
next regular meeting of the Council".
The amended motion was seconded by Alderman Burgin and upon roll call the following vote
was recorded, "Aye" Burgin, Smith, and Short. "Nay" Walker, Christie, and Thomas.
There being three "Ayes" and three "Nays", the amended motion was defeated for lack of
a majority of Five votes needed to pass the motion.
The original motion by Alderman Christie was then voted upon and passed unanimously
by the Council.
Ordinance (Phe City Attorney introduced and at the request of the Counci1 th'8ea a� 7p op8osed ordinance
No. 127'7 in its entirety for the first time entitled, "AN ORDINANCE AM�NDING ZONING ORDINANCE
N0, 1239 AND ZONING MAP OF FAYETTEVILLE, ARKANSAS, APPROVED JUNE 13, 1960, TO REZONE
Reyoning CERTAIN REAL ESTATE FROM R-2 TWO-FAMILY RESIDENTIAL DISTRICT, R-3 MULTI -FAMILY RESIDEN-
Mt.Nord TIAL DISTRICT AND R4 MULTI -FAMILY RESIDENTIAL AND DORMITORY DISTRICT TO R -IB SINGLE -
Territory. AMILY RESIDENTIAL DISTRICT AND R-3 MULTI -FAMILY RESIDENTIAL DISTRICT".
The City Building Inspector then described the territory sought to be rezoned by use of
a map pertaining thereto and after a lengthy discussion, Alderman Burgin moved that the
rules be suspended and that the ordinance be placed -on the second reading.
The motion was seconded by Alderman Walker and passed unanimously.
The ordinance was then read for the second time.
Alderman'Burgin then moved that the rules be further suspended and that the ordinance be
placed on the third and final reading.
The motion was seconded by Alderman Walker 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 further discussion, the Mayor asked the question, "Shall the Ordinance
pass",?
Upon roll call the following"vote was recorded, "Aye" Walker, Christie, Thomas, Burgin,
Smith, and'Short. "Nar" None.1.
There being six""Ayes$ and no "Nays", the Mayor declared the Ordinance passed.
ORDINANCE N0, 1277
AN ORDINANCE AMENDING ZONING ORDINANCE N0. 1239 AND ZONING MAP OF FAYETTEVILLE,
ARKANSAS, APPROVED JUNE 132 19602 TO REZONE CERTAIN REAL ESTATE FROM R-2 TWO-FAMILY
RESIDENTIAL DISTRICT, R-3 MULTI -FAMILY RESIDENTIAL DISTRICT AND R-4 MULTI -FAMILY
RESIDENTIAL AND DORMITORY DISTRICT TO R -1B SINGLE-FAMILY RESIDENTIAL DISTRICT AND R-3
MULTI -FAMILY RESIDENTIAL DISTRICT.
WHEREAS, a public hearing was held before the planning commission of the City of
Fayetteville on August 15, 1961 requesting that the planning commission recommend to the
City Council of the City of Fayetteville, Arkm seat that t he Council enact an ordinance
to rezone all of the following described real estate, to -wit:
1. TRACT "A" - All of Block 7 of Drakes replat of Block 4'of the
revised plat of Gates Subdivision of Oak Grove Addition to the
City of Fayetteville, Arkansas.
%a)
The City Council of Fayetteville, Arkansas, met in regular session on"Monday,
November 20, 1961, at 7:30 P. M.
Present: Mayor Guy E. Brown, City Clerk George J. Davis, City Controller Albert J. Jones
City Attorney Bass Trumbo, City Engineer W. C. Smith, Chief of Police Pearl Watts,
Fire Chief Burl Skelton, and Aldermen: Walker, Christie, Thomas, Burgin, Smith, and Shor
Absent: Alderman Herbert Hatfield.
The minutes of the regular meeting on Wednesday, November 8, 1961s a copy of which had
been previously mailed to each of the Aldermen, were approved.
Appoint
Alderman Walker reported that the Council had never accepted the resignation of
Garl
Garland
Alderman J. E. McClelland and he moved to accept the resignation of Alderman McClelland
-to -E.
�YheGarleler
and appoint Mr. Garland Wheeler as Alderman from I6Gard Two (2) to serve the
Alderman lice
unexpired term of"Mr. McClelland ending December 31, 1962.
-motion
McClelland.
The was seconded by Alderman Short and passed unanimously.
(Mr. Wheeler was then notified by telephone and later appeared and took the Oath of Offi
1.
Tax Levy
Alderman Thomas reported that.the Tax Levy for the year of 1961, which failed to pass
the last regular meeting on November 8, 1961, should be passed at this time.
for 1961
After a brief discussion, Alderman Thomas moved that the tax levy on Fayetteville
passed1
property for the year of 1961 be set at 14 mills to be distributed as follows:
Identification Mills
General Fund ---------------------------------------- 5.0
Fire Protection ----------------=--------------------- 3:7
General Obligation Bond Issue of 1959 ----------------- 3:5
Police Pension Fund ---------------------------------- .5
Fire Pension Fund ------------------------------------ :5
Park Maintenance Fund ---------------------------------- .:5
Hospital Maintenance Fund ------------------------------ .3
Total Millage44.0
The Motion was seconded by Alderman Smith and passed unanimously.
Street Com.
recommended that Alderman Christie reported that the Street Committee had recommended that no appropria-
tion be made at this time for a bridge across Skull Creek at Sycamore Street.
no bridgelbe A brief discussion was had but no further action was taken,
constructed
across Skull Cr.. The proposed ordinance entitled,"AN ORDINANCE TO AMEND ORDINANCE N0. 1165,, SECTION 1,
I SCHEDULE OF SEWER RATES, CLASS 1 AND CLASS 2; AND FOR OTHER PURPOSES" was read for the
Ordinance to second time by the City Attorney.
Amend 1165 After a long'discussion, Alderman Christie' -moved to refer the above proposed ordinance
on Second to the Water, Sewer, -and Finance Committees for fur;hher study.
Reading. The motion -was seconded by Alderman Walker but before a vote was taken Alderman Smith
moved -to amend this motion to read;"Refer the above proposed ordinance to the Water,
Sewer, and Finance Committees for study and that they be requested to report at the
next regular meeting of the Council".
The amended motion was seconded by Alderman Burgin and upon roll call the following vote
was recorded, "Aye" Burgin, Smith, and Short. "Nay" Walker, Christie, and Thomas.
There being three "Ayes" and three "Nays", the amended motion was defeated for lack of
a majority of Five votes needed to pass the motion.
The original motion by Alderman Christie was then voted upon and passed unanimously
by the Council.
Ordinance (Phe City Attorney introduced and at the request of the Counci1 th'8ea a� 7p op8osed ordinance
No. 127'7 in its entirety for the first time entitled, "AN ORDINANCE AM�NDING ZONING ORDINANCE
N0, 1239 AND ZONING MAP OF FAYETTEVILLE, ARKANSAS, APPROVED JUNE 13, 1960, TO REZONE
Reyoning CERTAIN REAL ESTATE FROM R-2 TWO-FAMILY RESIDENTIAL DISTRICT, R-3 MULTI -FAMILY RESIDEN-
Mt.Nord TIAL DISTRICT AND R4 MULTI -FAMILY RESIDENTIAL AND DORMITORY DISTRICT TO R -IB SINGLE -
Territory. AMILY RESIDENTIAL DISTRICT AND R-3 MULTI -FAMILY RESIDENTIAL DISTRICT".
The City Building Inspector then described the territory sought to be rezoned by use of
a map pertaining thereto and after a lengthy discussion, Alderman Burgin moved that the
rules be suspended and that the ordinance be placed -on the second reading.
The motion was seconded by Alderman Walker and passed unanimously.
The ordinance was then read for the second time.
Alderman'Burgin then moved that the rules be further suspended and that the ordinance be
placed on the third and final reading.
The motion was seconded by Alderman Walker 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 further discussion, the Mayor asked the question, "Shall the Ordinance
pass",?
Upon roll call the following"vote was recorded, "Aye" Walker, Christie, Thomas, Burgin,
Smith, and'Short. "Nar" None.1.
There being six""Ayes$ and no "Nays", the Mayor declared the Ordinance passed.
ORDINANCE N0, 1277
AN ORDINANCE AMENDING ZONING ORDINANCE N0. 1239 AND ZONING MAP OF FAYETTEVILLE,
ARKANSAS, APPROVED JUNE 132 19602 TO REZONE CERTAIN REAL ESTATE FROM R-2 TWO-FAMILY
RESIDENTIAL DISTRICT, R-3 MULTI -FAMILY RESIDENTIAL DISTRICT AND R-4 MULTI -FAMILY
RESIDENTIAL AND DORMITORY DISTRICT TO R -1B SINGLE-FAMILY RESIDENTIAL DISTRICT AND R-3
MULTI -FAMILY RESIDENTIAL DISTRICT.
WHEREAS, a public hearing was held before the planning commission of the City of
Fayetteville on August 15, 1961 requesting that the planning commission recommend to the
City Council of the City of Fayetteville, Arkm seat that t he Council enact an ordinance
to rezone all of the following described real estate, to -wit:
1. TRACT "A" - All of Block 7 of Drakes replat of Block 4'of the
revised plat of Gates Subdivision of Oak Grove Addition to the
City of Fayetteville, Arkansas.
%a)
102
Ordinance No. 1277 (Continued
2. TRACT "B" -All of Block 5 and Block 6 of the Revised
plat of Gates Subdivision of the Oak
Grove Addition
to
the
City of Fayetteville, Arkansas.
3. TRACT "C" - All of Block l of Mt.
Nord Addition
to
the
City of Fayetteville, Arkansas.
4. TRACT "D" - All of Block 3'of Mt.
Nord Addition
to
the
City of Fayetteville, Arkansas.
5. TRACT "E" - Lots 2 to 8 inclusive
of Watson Place,
lot 1
of Block 8 anis lot 9 of Block 9 of the
County Court
Plat to
the City of Fayetteville, Arkansas.
6. TRACT "F" - All of Block 2 -of Mt.
Nord Addition
to
the
City of Fayetteville, Arkansas.
7."TRACT "G" - All of the North one half of Block 4 of
Englewood Addition to the City of Fayetteville, Arkansas.
8. TRACT "H" =-Beginning at the Northeast corner of lot 4
of Wilson's Second Addition running thence West to the right
of way line of the St. Louis and San Francisco railroad company
property, thence in a southeasterly direction along said right
of -way to a point west.of the south line of lot 3 of the Wilson's
Second Addition, thence east to the southeast corner of lot 3 of
Wilson's Second Addition and thence north to the northeast corner
of lot 4 of Wilson's Second addition which is the beginning point.
WHEREAS, notice of said public hearing, setting forth the time, place, and
purposes of hearing, and location of the -property sought to be rezoned was published
in the Northwest Arkansas TIMES, a newspaper of general circulation in said city, more
than fifteen days prior to said public hearing, and ,
WHEREAS, following the said public hearing, said planning commission certified
to the City Council of the City of Fayetteville, Arkansas.. its recommendation that an
ordinance be adopted rezoning said above described real estate as follows:
TRACT "A": This tract is to be rezoned from R-2 Two-family Residential
ISts r c to R -1B Single -Family Residential District.
TRACT "B": This tract is to be rezoned from R-2 Two=family Residential
DT'sTrTcto R -1B Single-family Residential District.
TRACT "C": This tract is to be rezoned from R-3 Multi -family Residential
Ms fr cyto R -1B Single-family Residential District.
TRACT "D": This tract is to be rezoned from R-4 Multi -family Residential
and corm tory District to R -1B Single-family Residential District.
TRACT "E": This tract is to be rezoned from R-4 Multi-family'Residential
and�rmTtory District to R-3,Multi-family Residential District.
TRACT "F": This tract is'to be rezoned from 'R-4 Multi -family Residential
and Dormitory District to R -1B Single-family Residential District.
TRACT "G": This tract is to be rezoned from 'R-4 Multi -family Residential
and7fformitory District to R -1B Single-family Residential District.
TRACT "H": This tract is to'be rezoned'from R-4 Multi -family Residential
and Dormitory District to R -1B Single-family Residential District.
NOW,
ARKANSAS:
,,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
Section 1. That the above described real estate be and the same is hereby
rezoned as approved by the planning commission.
Section 2. That all ordinances or parts of ordinances in conflict herewith
are hereby repealed,'and this ordinance shall be in full force and effect from and
after its passage, approval and publication.
PASSED AND APPROVED THIS 20th DAY OF NOVEMBER, 1961.
ATTEST:
GEORGE IS, CITY CLERK
APPROVED:
GUY E: BROWN, MAYOR
103
The City Attorney introduced and read a proposed ordinance in its entirety for the
Ordinance No. first time entitled, "AN ORDINANCE REGULATING AND RESTRICTING THE HEIGHT OF STRUCTURES
1278• AND OBJECTS OF NATURAL GROWTH, AND OTHERWISE REGULATING THE USE OF PROPERTY, IN THE
VICINITY OF THE DRAKE FIELD AIRPORT BY CREATING AIRPORT APPROACH ZONES,
TRANSITION ZONES, ORI0 AL Z AND CONICAL ZONE, AND ESTABLISHING THE BOUNDARIES
THEREOF; PROVIDING FOR CHANGES IN THE RESTRICTIONS AND BOUNDARIES OF SUCH ZONES;
DEFINING CERTAIN TERMS USED HEREIN; REFERRING TO THE DRAKE FIELD AIRPORT
ZONING MAP WHICH IS INCORPORATED IN AND MADE A PART C; P 0 IDING FOR
ENFORCEMENT; IMPOSING PENALTIES; AND REPEALING ORDINANCES NUMBERED 962 and 1104."
Alderman Burgin moved that the rules be suspended and that the ordinance be placed on
the second reading. The motion was seconded by Alderman Thomas and passed unanimously.
The ordinance was then read for the second time.
Alderman Burgin -then moved that the rules be further suspended and that the ordinance
be placed on its third and final reading.
The motion was seconded by Alderman Thomas 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 a question,"Shall the ordinance pass."
Upon roll call the following vote was recorded, 'Aye". - Walker, Christie, Thomas,
Burgin, Smith, and'Short. "Naly"-"none.
There being six "Aye" and no 'Nay", the Mayor declared the ordinance passed.
ORDINANCE 1278
This ordinance is adopted pursuant to the authority conferred by the Airport Zoning
Enabling Act; Act 116, Acts -of Arkansas, 1941. It is hereby found,that an airport
hazard endangers the lives and property of users of Drake Field Airport and of occupants
of land in its vicinity, and also, if of the obstruction type, in effect reduces the
size of the area available for the landing, taking -off and maneuvering of aircraft, thus
tending to destroy or impair the utility of Drake Field Airport and the public invest-
ment therein. Accordingly, it is declared: (1) That the creation or establishment of an
airport hazard is a public nuisance and an injury to the region served,by Drake Field
Airport; (2) that it is necessary in the interest of the public health, public safety
and general welfare of the inhabitants of the State of Arkansas that the creation or
establishment of airport hazards be prevented to obviate the destruction or impairment
of the utility of the airport and the public investment therein, and; (3) that the
prevention of these hazards should be accomplished, to the extent legally possible, by
the exercise of the police power without compensation. It is further declared that
both the prevention of the creation or establishment of airport hazards and the elimi-
nation, removal, alteration, mitigation, or marking and lighting of existing airport
hazards are public purposes for which political subdivisions may raise and expend
public funds and acquire land or interests in land.
IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS, as
follows:
SECTION I: SHORT TITLE
his ordinance shall be known and may be cited as "Drake Field Airport Zoning Ordinance".
SECTION II: DEFINITIONS
used in this Ordinance, unless the context otherwise requires:
(1) AIRPORT - Means Drake Field Airport, Fayetteville, Arkansas.
(2) AIRPORT ELEVATION - Means the established elevation of the highest point
on the usable landing area, which is 1,251 feet MSL.
(3) AIRPORT HAZARD - Means any structure, tree or use of land which obstructs
the airspace required for or is otherwise hazardous to the flight of
aircraft in landing or taking -off at the airport.
(4) AIRPORT REFERENCE POINT - Means the point established as the approximate
geographic center of the airport landing area and is established at a
location described as follows:
Beainnina at the NW corner of the SW 1/4 of Section 9. T -15-N. R -30-W:
encs
East
7501
-to
the- extended
run wa
centerline
thence
North
12*301
West along
saidcen
er
ne
a
a
ance o
4,
o
e AAF,
w
c
s
(5) HEIGHT - Forthe purpose of determining the height limits in all zones set
forth in this ordinance and shown on the zoning map, the datum shall be
mean sea level elevation unless otherwise specified.
(6) INSTRUMENT RUNWAY_- Means a runway equipped or to be equipped with
electronic or visual air navigation aids adequate -to permit the landing
of aircraft under restricted visibility conditions.
(7) LANDING AREA - Means the area of the airport used for the landing, take -off
or taxing of aircraft.
(8) NON -CONFORMING USE -Means any structure, tree, or use of land which is
lawfully in existence at the time the regulation is prescribed in the
Ordinance or an amendment thereto becomes effective and does not then
meet the requirements of said regulation.
(9) NON -INSTRUMENT RUNWAY - Means a runway other than an instrument runway.
(10) PERSON - Means an individual, firm, partnership, corporation, company,
association, joint stock association, or body politic, and includes a
trustee, receiver, assignee, administrator, executor, guardian or other
representative.
(11) RUNWAY - Means the paved surface of an airport landing strip.
(12) STRUCTURE - Means an object constructed or installed by man, including, but
without limitation, buildings, towers, smokestacks, and overhead trans-
mission lines.
(13) TREE - Means any object of natural growth.
SECTION III - ZONES
In order to carry out the provisions -of this Ordinance, there are.hereby created and
established certain zones which include all of the land lying within the Instrument
and non -instrument Approach Zones, Transition Zones, Horizontal Zone and Conical Zone.
04
uch areas
and zones are shown on the Drake Field Airport Zoning Map consisting of one (
heets, prepared by the City of Fayetteville, Arkansas and dated July 21, 1961, which is
ttached to
this ordinance and made a part hereof. The various zones are hereby
stablished
and defined as follows:
OTE: There
is no designated instrument runway presently on -this airport.
(1)
INSTRUMENT APPROACH ZONE - An instrument approach zone is established
of
at each end of the instrument runway for instrument landings and take -
pplicable
offs. The instrument approach zones shall have a width of 1,000 feet at
a distance of -200 feet beyond each end of the runway, widening thereafter
uniformly to a width of 16,000 feet at a distance of 500200 feet beyond
each end of the runway, its centerline being the continuation of the center-
line of the runway.
(2)
NON -INSTRUMENT APPROACH ZONE - A non -instrument approach zone is established
at each end of all non -ins trument'runways on Drake Field Airport for non -
instrument landings and take -offs. The non=instrument approach zone shall
have a -width of"500 feet at a distance of 200 feet beyond each end of the
runway, widening thereafter uniformly to a width of 2,500 feet at a distance
of 10,200 feet beyond each end of the runway, its centerline being the con-
tinuation of the centerline of the'runway.
(3)
TRANSITION ZONES - Transition zones are hereby established adjacent to
each instrument and non -instrument runway and-approaoh zone as indicated
on the zoning map. Transition zones symmetrically located on either side
of the runways, have variable widths as shown on the zoning map. Transition
zones extend outward from a line 250 feet on either side of the centerline
of the non -instrument runway, for the length of such runway plus 200 feet
on each end; and 500 feet on- either side of the centerline of the instrument
.runway, for t he'length of -such runway plus 200 feet on each end, and are
parallel and level with such runway centerlines. The transition zones
along such runways slope upward and outward one (1)
foot vertically for
each seven (7) feet horizontally to the point where they intersect the
surface of the horizontal zone. Further transition zones are established
adjacent to both instrument -and non=instrument approach zones for the
entire•length of the approach.zones. These transition zones have variable
widths, as shown on the zoning map. Such transition zones flare symmetri-
cally with either side of the runway approach zones from the base of such
zones and slope upward and outward at the rate of one (1) foot vertically
for.each seven (7) feet horizontally'to the points where they intersect
the surfaces of the horizontal and conical zones. Additionally, transition
zones are establibhed adjacent to the instrument approach zone where it
projects through and beyond the limits of the conical zone, extending a
distance of 5,000 feet measured -horizontally from the edge of the instru-
ment approach zones at right angles to the continuation of the centerline
of the runway. - -
(4)
HORIZONTAL ZONE - A horizontal zone is hereby established as the area
within a circle with its center at the Airport'Reference Point and having
a radius of 10,000 feet. The horizontal zone does not include the instru-
ment and non -instrument approach zones and the transition zones.
(5)
CONICAL ZONE - A conical -zone-is hereby established commencing at the
periphery of the horizontal zone and •extending to -a distance of 15,000
feet from the airport reference point. The conical zone does not include
the -instrument and non -instrument approach zones and transition zones.
SECTION IV: HEIGHT LIMITATIONS
Except as otherwise provided in this Ordinance, no structure or tree shall be erected,
altered, allowed to grow, or maintained 3n any zone created by-this"Ordinance to a
height in excess of the height limit herein established for such -zone, Such height
limitations are computed from the established airport elevation and are hereby
established for each of the zones in question as follows
(1) INSTRUMENT APPROACH ZONE - One (1) foot in height for each fifty (50) feet
Not in horizontal distance beginning at� a point 200 feet from the end of the
Applicable instrument runway and extending to a distance of 109200 feet from the end
of the runway; thence one (1) foot in height for each forty (40) feet in
horizontal distance to a point 509200 feet from the'end of the runway;
(2) NON -INSTRUMENT APPROACH ZONES - One (1) foot in height for each 40 feet
in horizontal distance beginning at a point'200 feet from the end of the
non -instrument runway and extending to a point 10,200 feet from the end
of the.runway;
(3) TRANSITION ZONES - One (1) foot in height for each seven (7) feet in hori-
zontal distance beginning at a point 250 feet from the centerline of non -
instrument runways and 500 feet from the centerline of the instrument
runway; measured at 'right angles to the longitudinal center line of the
runway, extending upward to a maximum height of 150 feet above the estab-
lished airport elevation which is 1,251 feet above mean sea level. In
addition to the foregoing, there are established height limits of one (1)
foot vertical height for each seven (7) feet horizontal distance measured
from the edges of all approach zones for the entire length of the approach
zones and extending upward and outward to the'points where they intersect
the horizontal and conicalsurfaces. Further, where the instrument approac
zone projects through and beyond the conical zone, a height limit of one (1
foot for each seven (7) feet of horizontal distance shall be maintained
beginning at the edge of the instrument approach zone and extending a
distance of 5,000 feet from the edge of the instrument approach zone
measured at right angles to the continuation of the centerline of the runwe
(4) HORIZONTAL ZONE_- One hundred fifty -(150) feet above the established airpoi
elevation or a maximum height of 1,401 feet above mean sea level elevation;
(5) CONICAL ZONE = One (1) foot in height for each twenty (20) feet of hori-
zontal distance beginning atthe periphery of the horizontal zone and
measured in an inclined plane passing throught the airport reference point.
Where an area is covered -by more than one (1) height limitation, the more restrictive
limitation shall prevail.
Nothing in this Ordinance shall be construed as prohibiting the growth, construction
or maintenance of any tree or structure to a height up to 25 feet above the surface
of the land.
105
Ordinance No. 1278 (Continued)
SECTION V: USE RESTRICTIONS
Notwithstanding any other provisions of this Ordinance, no use may be made of land
within any zone established by this Ordinance in such a manner as to create electrical
interference with radio communication between the Airport and aircraft, make it diffi-
cult for flyers to distinguish between airport lights and others, result in glare in
the eyes of flyers using the Airport,'impair visibility in the vicinity of the Airport
or otherwise endanger the landing, taking -off, or maneuvering of aircraft.
SECTION VI: NON -CONFORMING USES
(a) Regulations not Retroactive. The regulations prescribed by this Ordinance shall
not be construed to require the removal, lowering, or other changes or alteration of
any structure or tree not conforming to the regulations as of the effective date of
this Ordinance, or otherwise interfere with the continuance of any non -conforming use.
Nothing herein contained shall require any change in the construction, alteration, or
intended use of any structure, the construction or alteration'of which was begun prior
to the effective date of this Ordinance, and is diligently_ prosecuted within two years
thereof.
(b) Marking and Lighting. Notwithstanding the preceding provision of this Section,
the owner of any non -conforming structure or tree is hereby required to permit the
installation; operation, and maintenance thereon of such markers and lights as shall
be deemed necessary by the Administrative Agency or Officer to indicate to the opera-
tors of•airoraft in the vicinity of the Airport, the'presenoe of such airport hazards.
Such markers and lights shall be -installed, operated, and maintained at the expense
of the City of Fayetteville, Arkansas.
SECTION VII: PERMITS
(a) Future Uses - Except as specifically provided in paragraphs 1, 2, and 3 here-
under, no material change'shall be made in the use of land and no structure or tree
shall be erected, alteredl planted or'otherwise established in any zone hereby created
unless a permit therefor shall have been applied for and granted. Each application for
a permit shall indicate the purpose for which the permit is desired, with sufficient
particularity to permit it to be determined whether the resulting use, structure or
tree would conform to the regulations herein prescribed. If such determination is in
the affirmative, the permit shall be granted.
(1) In the area lying within the limits of the Horizontal Zone aid
the Conical Zone but not within the limits of an instrument or
non -instrument approach zone or transition zone, no permit shall
be required for any'tree or structure less than 75 feet'of"vertical
height above the ground, except when because of terrain, land
contour or topographic features such tree'or structure would extend
above the height limits prescribed for such zone.
(2) In the areas -lying within the limits of the instrument and non -
instrument approach zones but at a horizontal distance of not less
than 7,700 feet from each end of the runways, no permit shall be
required for any tree or structure less than'75 feet of vertical
height above the established airport elevation, except when such
tree -or structure would extend above the height limit prescribed
for such instrument of non -instrument approach zone.
(3) In the areas lying within the limits'of the transition zones beyond
the perimeter of the horizontal zone, no permit shall be required for
any tree or structure less than 50 feet of vertical height above the
ground except when such tree or structure, because of terrain, land
contour or topographic features would extend above the height limit
perscribed for such transition zones.
Nothing contained in any of the foregoing exceptions shall be construed as permitting
or intending to permit any construction, alteration or growth of M y structure or tree
in excess of any of -the height limits established by this Ordinance except as set
forth in Section IV.
(b) Existing Uses. -No permit shall be granted that would allow the establishment
or creation of an airport hazard or permit a non -conforming use, structure, or tree
to be made or become higher; or become a greater hazard to air navigation, than it
was on the effective date of.this Ordinance or any amendments thereto or than it is
when the application for a permit is made. Except as indicated, all applications for
such a permit :hall be granted.
(c) Non -Conforming Uses Abandoned or Destroyed. Whenever the Administrative
Agency or Officer determines that -a non -conforming structure or tree has been abandoned
or more than 80 percent torn down, physically deteriorated, or decayed, no permit shall
be granted that would allow such structure of tree toexceed the applicable height limit
or otherwise deviate from the zoning regulations.
(d) Variances. Any person -desiring to erect or increase the height of any structure
or permit the growth of any tree,.or use his property, not in accordance with the
regulations prescribed in this Ordinance, may apply for a variance from such regulation
Such variances shall be allowed where it is duly found that a literal application or
enforcement of the regulations would result in practical difficulty or unnecessary
hardship and the relief granted would not be contrary'to the public interest but will
do substantial justice and be in accordance with the spirit of this Ordinance.
(e) Hazard Marking and Lighting. Any permit or variance granted may, if such action
is deemed advisable to effectuate the purpose -of this ordinance and be reasonable in
the circumstances, be so conditioned as t o require the owner of the structure or tree
in question to permit the City of Fayetteville, Arkansas, at its own expense, to instal,
operate, and maintain thereon such markers and lights as may be necessary to indicate t
flyers the presence of an airport hazard.
SECTION VIII: ENFORCEMENT
The City
Engineer
is
hereby designated the Administrative Agency or Administrative
Officer.
It
shall
be
the duty of the Administrative Agency or Officer to administer
7
M
rd. 1278
(Cont)
thorize
Jerk to
!9
Letter
from
Consult.
Engineer
L.IM.McGc
and enforce the regulations prescribed herein. Applications for permits and variances
shall be made to the Administrative Agency upon a form furnished by him. Applications
required by this Ordinance to be submitted to the Administrative Agency shall be
promptly considered and granted or denied by him.
SECTION IX: APPEALS & JUDICIAL REVIEW
Any person aggrieved, or any taxpayer affected, by any decision of the Administrative
Agency or Officer made in his administration of this Ordinance, if of the opinion that
a decision of the Administrative Agency or Officer is an improper application of these
regulations, may appeal tot he Circuit Court as provided in Section 6 of the Airport
Zoning Enabling Act, Act 116, Acts of Arkansas, 1941.
SECTION X: PENALTIES
Each violation of this Ordinance or of my regulation, order, or ruling promulgated
hereunder shall constitute a misdemeanor and be punishable by a fine of not more than
$100.00 or imprisonment for not more than thirty (30) days"or both such fine aid
imprisonment, and each day a violation continues to exist shall constitute a separate
offense.
SECTION XI: CONFLICTING REGULATIONS
Where there exists a conflict between any of the regulations or limitations prescribed
in this Ordinance and any other_ regulations applicable to t he'same area, whether the
conflict be with respect to the height'of structures or trees, the use of land, or any
other matter, the more stringent limitation or requirement shall govern and prevail.
SECTION 'XII: SEVERABILITY
If any of the provisions of this Ordinance or the application thereof to'any person or
circumstances is held invalid, such invalidity shall not affect other provisions or
applications of the Ordinance which can be given effect without the invalid provision
or application, and to this end the provisions of this Ordinance are declared to be
severable.
SECTION XIII: REPEALING CLAUSE
Ordinances numbered 962 and 1104 are hereby specifically repealed.
SECTION XIV: EFFECTIVE DATE
WHEREAS, The immediate operation of the provisions of this Ordinance is necessary for
the preservation of the public health; public safety, and general welfare, and
EMERGENCY is hereby declared to exist, and this ordinance shall be in-full"force and
effect from and after its passage by the City Council of Fayetteville, Arkansas, and
publication and posting as required by law.
Passed and approved this 20th day of November, 1961.
CITY OF FAYETTEVILLE, ARKM SAS
Ell
41derman Thomas then moved that the City C]e rk be and he is hereby authorized to cause
Drdinance No. 1278 recorded and the map pertaining thereto filed with the deed records
:)f the Circuit Clerk of Washington County, Arkansas.
Phe motion was seconded by Alderman Burgin and passed unanimously.
Qr. Garland Wheeler entered at this time and was administered the Oath of Office of
Alderman by Alderman Bryan Walker who holds the office of'Justice of the Peace.
Alderman Wheeler then took his seat as Alderman of Ward 2, Fayetteville, Arkansas,
and was entered on roll call by the Clerk.
The City Clerk�g��,i a letter from Consulting Engineer, L. M. Mc Goodwin; concerning
bids on g'anita n pro1:ments which were received on November 17, 1961, at 2:00 P.M.
by the Sewer Committee.
This letter was spread of record in the minutes of the Council Meeting and reads as
follows:
November 209 1961
o•the Mayor and City Council
ity of Fayetteville
ayetteville, Arkansas
lemen:
t 2:00 o'clock P.M.
on November
170 the Sewer
Committee received bids
on Sanitary
ewer Improvements to
serve the
following areas:
U. S. Highway 71 from a point just south of Fisher Buick Company to a
point just north of Gardner Implement Company, a distance of about 1,800
feet. This sewer is designed to serve the new Holiday Inn, a new tire
1071
center and several existing businesses. This line is designed to be eventually
extended on north to the intersection of U.S. Highway 71 and,the road just south of
the Drive -In Theater. Also,'it could serve a large area along the north side of the
Lebter mountain east of the highway.
from
McGoodwin On Douglas Avenue to serve the girls' new dormitory. This is essential, as the
(Cont.) existing sewer is heavily overloaded.
403 feet of sewer to serve existing residences on Viewpoint Drive.
A complete sewerage system to serve North Ridge Sub -division.
A tabulation of the bids is enclosed herewith. Danco Construction Company was low
bidder, and the cost of the various sections, in accordance with their bid, is as
follows:
North 71 Sewer -------=-------- $15;624:69
Douglas Sewer ---------------- 220916:05
Viewpoint Drive Sewer --------------- 19234.50
For a Total of -------------------------- $19,775.24
The bid on North Ridge Sub -Division sewer is $32,598.00, for a total price of $52,373.2!
It is anticipated that the cost of the sewers on Highway 71, Douglas Avenue and
Viewpoint Drive will be paid from city funds, and that the entire cost of constructing
the sewers in North Ridge Sub -Division will be paid for'by the developers. If the city
is ready to proceed with the award of the contract, I would recommend that it be awarded
to Danco Construction Company, with the proviso that the contract for the entire project
be awarded upon the deposit with the city by the developers of North Ridge Sub -Division
of the sum of $32,598.009 so that in case the North Ridge Sub -Division developers did
not deposit,the funds with the city, the contract for the first three sections, in the
amount of $19,775.24, could be awarded.
Bids on
Danco Construction Company's bid carried the provision that they would accept any
Sewer Lines.
section or all of the proposed work.
'Respectfully submitted,
L. M. McGoodwin
Sewer Contract
Alderman Burgin moved to accept the recommendation of'Consulting Engineer'L.M. McGoodwir
awarded to
and award the Sewer Contract -to Danco Construction Co., North Little Rock,'Arksnsas, for
Danco Const.
Co.
the total sum of $52,373.24 provided the developers deposit the scan of $32,598.00 or
Proposed
that Danco Construction Co. will accept the first three projects fort he sum of $19,775,
Ordinances
and further provided the NorthiRiBGESubdivision will pay any additional cost incurred
to be referred
over and above $32,598.00 in connection with their sewer;'
to Ordinance
That the Mayor and City C]e rk'be and they are hereby authorized to execute a contract
Commititee.
with the Danco Construction Co.'as outlined above, upon approval of the contract by the
City Engineer and evidence of proper insurance.
The motion was seconded by Alderman Walker and upon roll call, the following vote was
recorded: "Aye" Walker, Christie, Wheeler, Thomas, Burgin and Short.
"Nay" Smith.
There being six "Aye's" and only one "Nay", the Mayor declared the motion passed.
COPY OF THE BIDS
Bidder City Sewer North-`tidge Alternate Total Bid
Lines Sewer Lines a Bid
Bids on
Danco Construction'Co. $19,775.24 $32,598.00 Same on each. $52,373.24
Sewer Lines.
North Little Rock, Ark,
Tune Construction'Co. 199839.15 34,060.08 It it It53,899.23
Fayetteville, Ark.
Worth Jarnes-Construction Co. 190727,25 38,391.78 No Bid 580119.03
Little Rock, Arkansas
* Agreed to accept either one or all at the Bid Price.
Proposed
Alderman Burgin reported that it had been the practice of the Council to refer all
Ordinances
proposed ordinances to the Ordinance Committee for study and recommendation but of late
to be referred
this had not been the practice.
to Ordinance
Alderman Burgin recommended that all future ordinances be referred to the Ordinance
Commititee.
Committee for study and the recommendation was accepted by the Council by Acclamation.
There being no further business, Alderman 'Short -moved to adjourn. The -motion was seconde
by Alderman Walker and passed unanimously, whereupon the Mayor declared the meeting
adjourned.
APPROVED.
ATTEST: 1
!,` MAYOR'
N,
GEUHUY JRViSt UITX CLERK
4; 1