HomeMy WebLinkAbout1962-03-12 Minutes125
The City Council of Fayetteville, Arkansas, met in regular session on Monday, March 12, 1962, 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 Hollis Spencer, Fire Chief Burl Skelton, anh
Aldeftmen: Heflin, Christie, Goff, Wheeler, Thomas, Burgin, Faucette, and Short.
Absent: None.
The minutes of the regular meeting on Monday,gebruaay 26, 1962, were approved as written.
Petition of The City Clerk presented a petition from the Official Board of the Wiggins Memorial Methodist Church to
Wiggins vacate and abandon an alley between Block 28 of the Jennings Addition and Baock 2 of the Ferguaon Additio.
Memorial Meth, and extending.from Sixth to Seventh Streets in the eity of Fayetteville, Arkansas.
Church to The Planning Commission had approved this alley being vacated at its regular meeting on March 6, 1962.
vacate alley. After a brief discussion, The City Clerk read a proposed resolution setting forth the time, place, and
date for a public hearing on the above petition.
Alderman Goff moved that the resolution be adopted. The motion was seconded by Alderman Heflin and passed
unanimously, whereupon the Mayor declared the Resolution adopted.
RESOLUTION 9-62
Resolution
the
South
Half (Sj)
3-62
I
WHEREAS, it appears that.the petition of the Official Board of the Wiggins Memorial Methodist Church
Range Thirty
setting time,
West
to vacate the alley between Block 28 of'the Jennings Addition and Block 2 of the Ferguson Addition
Principal Meridian, described as
place, etc.
for
extending from Sixth to Seventh Streets, in the City of Fayetteville, Arkansas, was duly filed with the
public hearing
City Clerk of the City of Fayetteville, Arkansas, on the 7th day of March `i%2; and
to close aIlley.
WHEREAS, the City Planning Commission, at its regular meeting on Tuesday, March 6, 19620 did approve
and recommend to the City Council that said alley be vacated and abandoned; and
WHEREAS, it appears that this is the next regular meeting of the City Council following the filing
of said petition.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
1. That the 26th day of March, 1962, at 7:30 P. M. CST., 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 persons by publication thereof once a week for. two (2) consecu-
tive we 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 cguse
an abstractor's certificate as to the record owners of the lots abutting upon said alley sought to be
vacated, to be attached to said petition prior to the date set for hearing thereon.
PASSED AND APPROVED this 12th day of March, 1962.
ATTEST: APPROVED:
GUY E. EROWNO MAYOR
GEORGE AVIS, CITY CLERV,
The proposed ordinance to rezone a certain area along the Cato Springs Road, which was left on the first
Ordinance reading at the last regular meeting on Monday, February 26, 1962, was brought up for discussion.
No. 1289 After a lengthy discussion, AldermanH@flfnmoved that the Ordinance pass.
The motion was secpnded by Alderman Christie and passed unanimously, whereupon the Mayor declared the
Rezone ordinance passed.
area along Alderman Heflin then moved that the emergency clause be adopted. The motion was seconded by Alderman
Cato Springs Burgin and passed unanimously, whereupon the Mayor declared the emergency clause adopted.
Road.
ORDINANCE N0, 1289
AN ORDINANCE AMENDING ZONING ORDINANCE NO, 1239 AND ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS,
APPROVED JUNE 13, 1960, TO REZONE CERTAIN REAL ESTATE FROM ZONE I-2 HEAVY INDUSTRIAL DISTRICT TO R -1B
SINGLE FAMILY RESIDENTIAL DISTRICT. .
WHEREAS, a public hearing was held before the Planning Commission of the City of Fayetteville,
Arkansas, on February 13, 1962, for the purpose of discussing a proposed.amendment to the Zoning Ordina
and Zoning District Map of Fayetteville, Arkansas, to rezone from Zone I-2 Heavy Industrial District to
R -1B Single Family Residential District, all of the following described real estate, to -wit:
Part of
the
South
Half (Sj)
of the Southwest QuarterOSw�) of
Section 21,
Township Sixteen (16)
Range Thirty
(30)
West
of the 5th
Principal Meridian, described as
follows:
Lleginning at a point 890 feet, more or less, West of the Southeast Corner of said 80 acre tract,
with said point being located on the west property line of the property owned by the Northwest Arkansas
Riding Club, thence North 660 feet, and thence west 1,035 feet, more or less, to the center line of a
creek, thence in a southerly direction with the meanders of said creek to the South line of said 80 acre
tract, thence East 1100 feet, more or less, to the place of beginning, less a strip of uniform width off
the South side of said above described tract which is 120 feet wide, measured North and South, that is
already zoned R -IB Single Family Residential District.
and;
.WHEREAS, notice of said public hearing, setting forth the date, time, place, and purposes of hearing,
and location of property was published in the Northwest Arkansas -,Times, a newspaper of general circulatio
in said City, more than 15 days prior to said public hearing, and
WHEREAS, FOLLOWING 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 from I-2 Heavy Industrial District to R -1B Single Family Residential District.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That
said above-described
real estate
be and the
same is hereby rezoned from I-2 Heavy
Industrial District
to R -1B Single Family
Residential
District.
Section 2.
IT
er,
r 6 inch
er main.
rrancnise
Ord. Left
on1first
Section 2. That all ordinances or parts of ordinances in conflict herewith are hereby repealed, and this
ction being necessary for the public health, peace, safety, order, comfort, and convenience within the
ity of Fayetteville, Arkansas, an emergency is hereby declared to exist and this ordinance shall be in
orce and effect from and after its passage, approval, and publication.
PASSED AND APPROVED THIS 12thiday of March, 1962.
a
GEORG 'J. DAVIS, CITY CLERK
City Engineer read a letter from the Evelyn.Hills Shopping Center, Inc., which releases the City of
:tteville, Arkansas, from any responsibilities for damages to a building and its contents because of
.ding over a 6 inch water main.
City Engineer recommended that this letter be spread of record in the minutes for future reference.
trman Thomas moved to note the contents of the letter and that it be spread of record in the minutes
ire reference.
motion was seconded by Alderman Burgin and passed unanimously.
Letter from Evelyn Hills Shopping Center, Inc.
Fayetteville, Arkansas
February 14, 1962
Honorable Mayor and
Members of the City Council
etteville, Arkansas
ntlemen:
When the construction work on the Evelyn Hills Shopping Center was started, Mr. Carl Ferguson, in
arge of the construction, and Mr. W. C. Smith, City Water Superintendent, planned the 6 inch water main
stribution with the necessary fire hydrants to best 'suit the overall plan, The City of Fayetteville agre
furnish and lay the mains and install the necessary valves and fire hydrants, providing the personnel
the Evelyn Hills Shopping Center would stake the locations for the mains to clear all buildings. This
s done., and the mains, valves, and fire hydrants were installed by the City at a cost of approximately
,000.00
We find that one of our buildings will now be located partially over a 6 inch water main. The fo
ns and foundation walls will be trussed and bridged over this 6 inch main in such a manner that no
the building will rest directly on the main.
We have consulted with Mr. W. C. Smith, City Water Superintendent, about this problem. His reco.
ns were that the main be moved clear of the proposed building or that the size of the building be
allow the main to be outside the building.
In view of our not following Mr. Smith's advice, and after being explained the potential danger of wa
.s resting under buildings by Mr. Smith, we wish to go on record as taking full responsibility for buil
the 6 inch water main and hereby relieve the City of Fayetteville, Arkansas, of any responsibility fc
and all damages which may be incurred to the building and contents thereof at any future time as a
1t of any or all breaks and/or leaks which might occur in the said main, and that in the event of any
k or leaks in the said main the Evelyn Hills Shopping Center, Inc., will pay any and all costs for a
section of 6 inch water main to be located outside the said building.
Very truly yours,
Evelyn Hills Shopping Center, Inc.
(s) John D. Askew President
(s) John Maguire Secretary
City Attorney introduced and at the request of the Council read a proposed ordinance in its entirety
tied, "AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE N0, 1167, AS AMENDED BY ORDINANCE N0, 1223, AND
PARTICULARLY INCREASING THE ANNUAL FRANCHISE TAX OF THE SOUTHWESTERN BELL TELEPHONE COMPANY".
r a very long discussion the proposed ordinance was left on its first reading., and no further action
taken at this time,
being no further business, Alderman Heflin moved to adjourn. The motion was seconded by Alderman
and passed unanimously, whereupon the Mayor declared the meeting adjourned.
APPROVED:
GEORGEDAVIS, CITY CLERK
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