Loading...
HomeMy WebLinkAbout1962-05-04 Minutes13 The City Council of Fayetteville, Arkansas, met in special session on Friday, May 4, 1962, at 12:00 o'clock ecial noon at the Mountain Inn Cafe. ing Present: Mayor Guy E. Brown, City Clerk George J. Davis,.City Controller Albert J: Jones, City Engineer W. C. Smith, and Aldermen: Heflin, Christie, Wheeler, Thomas, Burgin, Faucette, and Short. Absent: City Attorney Bass Trumbo and Alderman Ralph Goff'. pose The Mayor reported that the purpose of the meeting was to discuss the bids on the surplus City property of which had been advertised for sale and which bids had been received and opened at the special meeting of ing the Council on Monday, April 30, 1962, and that all members of the Council had been notified by U. S. Mail but Alderman Ralph Goff was out of the City and could not attend but had agreed to sign a Waiver of Notice of the Special Meeting, NE of ing to e of Ave. action WAIVER OF NOTICE Comes now the undersigned, being a duly elected, qualified, andacting member of the City Council of the City of Fayetteville, Arkansas=, and specifically waives notice of a special meeting of the Fayettevi City Council to be held in the Diaingo800mlo�e the Mountain Inn Cafe, Fayetteville, Arkansas, at 12:00 o'clock, Noon, on May 4, 1962. Dated this 4th day of May, 1962. After a long discussion, Alderman Burgin moved to accept the bid of The Farm Bureau Cooperative Assn for the City Shop property located on Highway No. 62 West for the sum of $35,255.00 with a Lease Agr that the City be permitted to rent the property at a onthly rental sum_ f��$.8888.114��(1/4aof 1% of sale price) for a period LIPde to six monthAlderman of /� � C .Gne�+JM tL14• ' The motion was seconded by Alderman Heflin and sse am.mous ,�,� A long discussion was held on the bid of McIlroy Banking Co. on the Central Fire Station located on Block Avenue but no action was taken. There being no further business and the purpose of the meeting having been accomplished, the Mayor declared the meeting adjourned. APPROVED: a , The City Council of Fayetteville, Arkansas, met in regular session on Monday, May 14, 1962, at 7:30 P. M. Present: Mayor Guy E. Brown, City Clerk George J. Davis, City ContfToller Albert J. Jones, City Attorney Bass Trumbo, City Engineer W. C. Smith, Chief of Police Hollis Spencer, Fire Chief Burl Skelton, and Aldermen: Heflin, Christie, Goff, Wheeler, Thomas, Burgin, Faucette, and Short. Absent: None. The minutes of the regular meeting on Monday, April 23, 1962, and of the special meetings on Monday, April 30, 1962, and on Friday, May 4, 1962, respectively, a copy of which had been preliously mailed to each of the Aldermen, were approved as written. The Mayor reported that this was thetime, place, and date set for a public hearing on a petition to vacate and abandon a portion of Read Avenue between Rockwood Trail and Southern Appue, and that due notice of the hearing had been published once a week for two consecutive weeks, in the Northwest Arkansas Times, a daily newspaper published in Washington County Arkansas and having a general circulation in the City of Fayetteville, and that all persons desiring to be heard would be given a chance to do so at this time. The City Engineer explained that some difficulty might be presented over the easement for utility lines if the Street, were closed. A long 'discussion was had but no further action was taken at this time. I The City Attorney introduced and at the request of the Council read in its entirety a proposed ordinance Accepting entitled, "AN ORDINANCE ACCEPTING TERRITORY ANNEXED TO THE CITY OF FAYETTEVILLE, ARKANSAS; ASSIGNING SAID annexed TERRITORY TO WARDS; AND FOR OTHER PURPOSES". territory. Alderman Goff moved that the Ordinance be passed. The motion was seconded by Alderman Burgin and passed unanimously, whereupon the Mayor declared the Ordinance passed. nance No. , ORDINANCE N0, 1297 AN ORDINANCE ACCEPTING TERRITORY ANNEXED TO THE CITY OF FAYETTEVILLE, ARKANSAS; ASSIGNING SAID TERRITORY TO WARDS; AND FOR OTHER PURPOSES. WHEREAS, the County Court of Washington County, Arkansas, did on April 12, 1962, make an order annexing the following described territory to the City of Fayetteville, Arkansas, to -wit: Part of the Northwest Quarter (NW4) of the Southwest Quarter (SWC) and part of the West Half of the Northwest fractional Quarter of Section 2, Township 16 North, Range 30 West of the 5th Principal Meridian more particularly described as follows: Beginning at a point which is 500 feet North of thMclorner of the Northwest Quarter (NW4) of the Southwest Quarter (SW4) of Section 2, Township 16 North, Range 30 West of the 5th Principal Meridian; thence East 224.40 feet;. thence North 260.7 feet; thence East 312.18 feet; thence North 765.6 feet; thence West 536.58 feet; thence South 1,026.3 feet to the place of beginning. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1.. That the Annexation of the above-described territory to the corporate limits of the City of Fayetteville, Arkansas, be and the same is 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, SECTION 3. That this Ordinance shall take effect and be in force and effect from and after its approval, and publication. PASSED AND APPROVED this 14th day of May, A TTEST: �eL,i-yd GEORGE . DAVISPI CITY'CLERK 1962. APPROVED: GUY E. BROWN, MAYO r 13'7 AN ORDINANCE TO ACCEPT AND CONFIRM THE DEDICATION OF ALL STREETS, ALLEYS, AND EASEMENTS IN THE RE -PLAT OF _BLOCKS 2 AND 3 OF TATE'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS. WHEREAS, there has: been duly presented to the City Council of the City of Fayetteville, Arkansas, a re -plat dated February, 1962, of Blocks 2 and 3 of Tate's Addition to the City of Fayetteville, Arkansas, by which the owners of the re -platted real estate have dedicated for the public use the streets, alleys, d easements shown upon said re -plat, and WHEREAS, the City Planning Commission of the City of Fayetteville, Arkansas, has recommended the acceptance of said re -plat. NOW, THEREFORE, BE IT ORDAINED.BY THE CITY COUNCIL CF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the City of Fayetteville, Arkansas, hereby accepts and confirms the dedication of all streets, alleys, and easements dedicated in the replat of Blocks 2 and 3 of Tate's Addition to the City of Fayetteville, Arkansas, and hereby declares said streets, alleys, and easements, to be public streets, alleys, and easements, and the said City Council hereby assumes the care, control, and jurisdiction of the same. SECTION 2. That this ordinance shall take effect and be in force and effect from and after its passage, approval, and publication. PASSED AND APPROVED this 14th day of May, 1962, APPROVED: ATTEST: &VA ✓'" GUY E. ROWN, MAYOR GEORGE J S, CITY CLERK MLLLllul_lkv Alderman Heflin presented a petition from Mr. John Schader, requesting permission to place a house trailer Petition to on a vacant lot.in the 900 Block on South Washington Avenue, which would be in violation of the present place house trailer Zoning Ordinance No. 1239. This petition had been signed by Forty Five residents and property owners of. on vacant lot. this area stating they had no objections to, the trailer house being located at that place. (John Schader) I After a long.discussion, Alderman Burgin moved that a resolution be adopted to refer this petition to the and that the City Clerk be further Planning Commission for study and recommendation. authorized to The motion was seconded by Alderman Faucette and upon roll call the following vote was recorded, "Aye" Arkansas, to be recorded with the Heflin, Goff, Wheeler, Thomas, Burgin, Faucette, and Short. "Nay".Christie. Final There being seven !Ayes" and only one "Nay", the Mayor declared the.Resolution adopted. Plat of Ta RESOLUTION 8-62 Resolution BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: • B-62 After a brief discussion, the City Attorney read a proposed ordinance entitled, "AN ORDINANCE TO ACCEPT That the petition of Mr. John Schader, to place a trailer house on a vacant lon in the 900 Block on South Washington Avenue, be referred to the Planning Commission for study and recommendation, and that the Planning Commission be further requested to make a study of amending Zoning Ordinance No. 1239 to permit house trailers to be placed on individual lots in R-2 Residential and other Zones upon approval of the Ordinance Board of Adjustment. 1298 PASSED AND APPROVED this 14th day of May, 1962. APPROVED: "2F GUY E BROWN, MAYOR GEORGE J. DAVIS2 CITY CLERK AN ORDINANCE TO ACCEPT AND CONFIRM THE DEDICATION OF ALL STREETS, ALLEYS, AND EASEMENTS IN THE RE -PLAT OF _BLOCKS 2 AND 3 OF TATE'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS. WHEREAS, there has: been duly presented to the City Council of the City of Fayetteville, Arkansas, a re -plat dated February, 1962, of Blocks 2 and 3 of Tate's Addition to the City of Fayetteville, Arkansas, by which the owners of the re -platted real estate have dedicated for the public use the streets, alleys, d easements shown upon said re -plat, and WHEREAS, the City Planning Commission of the City of Fayetteville, Arkansas, has recommended the acceptance of said re -plat. NOW, THEREFORE, BE IT ORDAINED.BY THE CITY COUNCIL CF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the City of Fayetteville, Arkansas, hereby accepts and confirms the dedication of all streets, alleys, and easements dedicated in the replat of Blocks 2 and 3 of Tate's Addition to the City of Fayetteville, Arkansas, and hereby declares said streets, alleys, and easements, to be public streets, alleys, and easements, and the said City Council hereby assumes the care, control, and jurisdiction of the same. SECTION 2. That this ordinance shall take effect and be in force and effect from and after its passage, approval, and publication. PASSED AND APPROVED this 14th day of May, 1962, APPROVED: ATTEST: &VA ✓'" GUY E. ROWN, MAYOR GEORGE J S, CITY CLERK MLLLllul_lkv The City Attorney read the proposed ordinance entitled,"AN ORDINANCE ACCEPTING A REVISED ZONING DISTRICT Zoning Map MAP OF THE PROPERTY LOCATED WITHIN THE CITY LIMITS OF FAYETTEVILLE, ARKANSAS", for the second time. Ordinance left on Alderman Wheeler moved that the rules be suspended and that the ordinance be placed on the third and final Second Reading. reading. (This ordinance had been lift on its first reading at regular session on April 23, 1962) 'to execute The motion was seconded by Alderman Goff and upon roll call the following vote wasrecorded: "Aye" Heflin, and that the City Clerk be further Goff, Wheeler, Thomas, Burgin, Faucette, and Short. "Nay" Christie. authorized to 'here being seven "Ayes" and only one"Nay", the Mayor dedlared the motion passed but after a long discussi, Arkansas, to be recorded with the the ordinance was left on the second reading without being read for the third and last time. Final of Washington County. Plat of Ta elsThe Building Inspector presented the final plat of Tate's Subdivision which had been approved by the Subdivision Planning Commission, and on which Mr. Tate had signed the Subdivision Contract for curbs and gutters. After a brief discussion, the City Attorney read a proposed ordinance entitled, "AN ORDINANCE TO ACCEPT AND CONFIRM THE DEDICATION OF ALL STREETS, ALLEYS, AND EASEMENTS IN THE RE -PLAT OF BLOCKS 2 AND 3 OF FATES'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS", Alderman Christie moved that the ordinance be passed. The motion was seconded by Alderman Burgin and passed unanimously, whereupon the Mayor declared the Ordinance passed. Ordinance No. • 1298 ORDINANCE N0, 1298 AN ORDINANCE TO ACCEPT AND CONFIRM THE DEDICATION OF ALL STREETS, ALLEYS, AND EASEMENTS IN THE RE -PLAT OF _BLOCKS 2 AND 3 OF TATE'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS. WHEREAS, there has: been duly presented to the City Council of the City of Fayetteville, Arkansas, a re -plat dated February, 1962, of Blocks 2 and 3 of Tate's Addition to the City of Fayetteville, Arkansas, by which the owners of the re -platted real estate have dedicated for the public use the streets, alleys, d easements shown upon said re -plat, and WHEREAS, the City Planning Commission of the City of Fayetteville, Arkansas, has recommended the acceptance of said re -plat. NOW, THEREFORE, BE IT ORDAINED.BY THE CITY COUNCIL CF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the City of Fayetteville, Arkansas, hereby accepts and confirms the dedication of all streets, alleys, and easements dedicated in the replat of Blocks 2 and 3 of Tate's Addition to the City of Fayetteville, Arkansas, and hereby declares said streets, alleys, and easements, to be public streets, alleys, and easements, and the said City Council hereby assumes the care, control, and jurisdiction of the same. SECTION 2. That this ordinance shall take effect and be in force and effect from and after its passage, approval, and publication. PASSED AND APPROVED this 14th day of May, 1962, APPROVED: ATTEST: &VA ✓'" GUY E. ROWN, MAYOR GEORGE J S, CITY CLERK MLLLllul_lkv •'Mayor & Clerk Alderman Short then moved that the Mayor and City Clerk be and they are hereby authorized to execute a 'to execute Subdivision Contract with the owner or owners of Tates Subdivision and that the City Clerk be further Subdivision authorized to file same.with the Circuit Clerk of Washington County, Arkansas, to be recorded with the J_ ,Contract & Ideed Records of Washington County. ;• file. The motion was sedbnded by Alderman Thomas and passed unanimously. The Building Inspector presented the final plat for Adams Addition to the Uity of Fayetteville, Arkansas, Final plat o which had been approved by the Planning Commission and met the requirements of the Subdivision Regulations >Adams Addition. Ordinance No. 1245. After a brief discussion, the City Attorney introduced and at the request of the Council, read a proposed ordinance entitled, "AN ORDINANCE TO ACCEPT AND CONFIRM THE DEDICATION OF ALL STREETS, ALLEYS, AND EASE- MENTS IN ADAMS ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS". Aldermmn- doff moved that the ordinance pass. The motion was seconded by Alderman Burgin and passed unanimously, whereupon the Mayor declared the Ordinance passed; Ordinance No. ORDINANCE N0, 1299 12919 AN ORDINANCE TO ACCEPT AND CONFIRM THE DEDICATION OF ALL STREETS, ALLEYS, AND EASEMENTS IN ADAMS ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS. WHEREAS, there: has been duly presented to the City Council of the City of Fayetteville, Arkansas, a plat dated March 22, 1962, known as the Adams Addition to the City of Fayetteville, Arkansas, and being a part of the Southwest Quarter of the Northeast Quarter of Section Nine, Township Sixteen North, Range Thirty West of the Fifth Principal Meridian, by which the owners of the platted real estate have dedicated for the public use the streets, alleys, and easements shown upon said plat; and 11008 WHEREAS, the City Planning Commission of the City of Fayetteville, Arkansas, has recommended the No, cceptance of said plat. (Cont.) NCW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. Tbat the City of Fayetteville, Arkansas, hereby accepts and confirms the dedication of all ts, alleys, and easements, dedicated in Adams Addition to the City of Fayetteville, Arkansas, and y declares said streets, alleys, and easements, to be public streets, alleys, and easements, and the City Council hereby assumes care, control, and jurisdiction of the same. SECTION 2. That this ordinance shall take effect and be in force and effect from and after.its .ge, approval, and publication. Dated this 14th day of May, 1962, APPROVED: T: .� GUY Y, BROWN, MAYOR GEORGE J. DA S', CITY CLERK at for iThe Building Inspector then presented a final plat for Hugh Dill's Subdivision to be known as Dill Additio: ;h Dill and explained a variation of Building Set -back Lines on turn -around as approved by the Planning Commission lition. The City Attorney then introduced and at the request of the Council read a proposed ordinance in its entir entitled, "AN ORDINANCE TO ACCEPT AND CONFIRM THE DEDICATION OF ALL STREETS, ALLEYS, AND EASEMENTS IN DILL ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS". Alderman Burgin moved that the Ordinance pass. The motion was seconded by Alderman Wheeler and passed unanimously, whereupon the Mayor declared the Ordinance passed. bdinance I ORDINANCE N0. 1300 t. 1300 AN ORDINANCE TO ACCEPT AND CONFIRM THE DEDICATION OF ALL STREETS, ALLEYS, AND EASEMENTS IN DILL ADDITION Ti THE CITY OF FAYETTEVILLE, ARKANSAS. ze .WHEREAS, there has been duly presented to the City Council of the City of Fayetteville, Arkansas', a plat ed May, 1962, known as the Dill Addition to the City of Fayetteville, Arkansas, and being a part of the l thwest Quarter of the Northeast Quarter of Section Seventeen, Township Sixteen North, Range Thirty West, which the owners of the platted real estate have dedicated for the public -use the streets,•alleys, and ements shown upon said plat; and WHEREAS, the City Planning Commission of the City of Fayetteville, Arkansas, has recommended the eptance of said plat. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the City of Fayetteville, Arkansas, hereby accepts and confirms the dedication of all ts, alleys, and easements, dedicated in Dill Addition to the City of Fayetteville, Arkansas, and y declares said streets, alleys, and easements, to be public streets, alleys, and easements,- andthe City Council hereby assumes the care, control, and jurisdiction of the same. SECTION 2. That this ordinance shall take effect and be in force and effect from and after its passage. oval,,and publication. Dated this 14th day of May, 1962. o • B/is'CLERK .. •t+ 0 Fo. /_i GUY E,1BROWN, MAYOR erman Wheeler then moved that the Mayor and City Clerk be and they are hereby authorized to execute a division Contract with Mr. Hugh Dill for Dill's Addition and that the City Clerk be further authorized cause the Contract to be recorded in the Circuit Clerk's Office with the Deed Records of Washington vider County. act. The motion was seconded by Alderman Goff and passed unanimously. for The Building Inspector presented a request to construct a maintenance shop for school buses on Stone Stree buses which would be in conflict with the Zoning Ordinance No. 1239. one After a long discussion, during which several motions were offered, Alderman Wheeler moved that the Building Inspector be and he is hereby authorized to issue a Building Permit fbr the construction of a school bus maintenance shop on Stone Street as requested. The motion was seconded by Alderman Goff and upon roll call the following vote was recorded: "Aye" Heflin, Christie, Goff, Burin, Wheeler, and Faucette. "Nay" Thomas and Short, There being six "Ayes" and only two "Nays", the Mayor declared the motion passed. ution Alderman Burgin then moved to adopt a resolution requesting the Planning Commission to make a study of 2 Ordinance No. 1239 ikiith reference to school problems. The motion was seconded by Alderman Faucette and passed unanimously. RESOLUTION 9-62 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: for That Zoning Ordinance No. 1239 be referred to the Planning Commission for study and recommendation wii rence to amending the clause whereby school problims will be brought directly to the Council in lieu o] Board of Adjustment as at present. PASSED AND APPROVED this 14th.day of May, 1962. APPROVED: ATTEST: _ GUY E. BR , G DA S, CITY CLERK e Building Inspector presented a proposed ordinance to the Council for study which would amend the bdivision Regulations Ordinance No. 1245 but no further action was taken at this time. 6. 0 Iri 1 \t! for Ca Soup C Finan Report Specia Census 139 �he Building Inspector presented a proposal of the Campbell Soup Co. to construct a shed building at their e plant on West Spring Street which would be in conflict with Zoning Ordinance No. 1239. Permit After a very long discussion, Alderman Goff moved to permit the construction and that the Building ell 2nspector be.and he is hereby authorized to issue a Building Permit to the Campbell Soup Co. for the ponstruction of a shed building as requested. rhe motion was seconded by Alderman Christie and upon roll call the following vote was recorded, "Aye" Heflin, Christie, Goff, Wheeler, Burgin,&Faucette. "Nay" Thomas and Short. here being six "Ayes" and only two "Nays", the Mayor declared the motion passed. Alderman Short discussed the Finance Report of the City as of April 30, 1962, which was presented by the City Controller. Alderman Short also discussed a Special Census for the City which the City Controller stated would cost approximately $4,500.00 and should be taken in either October or November of this year. After a brief discussion, Alderman Thomas moved that the Mayor be authorized to make application to the Bureau of The Census for a special census of the City. Phe motion was seconded by Alderman Faucette and passed unanimously. Phe City Attorney introduced and read a proposed ordinance in its entinetyofor the first1which would require that all vacant lots be mowed and kept clean of all rubbish, etc.,but no further action was taken and the ordinance was left on the first reading. Weeds on vacant Ilots Ord. left on 1st Headine. Ord. to C long discussion was held on a paoposed ordinance dealing with dilapidated buildings. derman Goff moved to refer this ordinance to the Ordinance Committee. e motion was seconded by Alderman Short and passed unanimously. Committee The City Attorney introduced and at the request of the Council read in its entirety a proposed ordinance Dilapidated entitled, "AN ORDINANCE ENTITLED THE FAYETTEVILLE HOT CHECK LAW, AND MORE PARTICULARLY, PROVIDING PENALT Bldgs. FOR VARIOUS VIOLATIONS RELATING TO THE ISSUANCE OF OVERDRAFTS, HOT CHECKS, ETC. Alderman Wheeler movedthat the ordinance pass. The motion was seconded by Alderman Burgin and passed I whereupon the Mayor declared the Ordinance passed. klderman Heflin then moved that the emergency clause be adopted. The motion was seconded by Alderman Fhomas and passed unanimously, whereupon the Mayor dedlared the emergency clause adopted. dinancelNo. I ORDINANCE NO. 1301 1301 ORDINANCE ENTITLED THE FAYETTEVILLE HOT CHECK LAW, AND MORE PARTICULARLY, PROVIDING PENALTIES FOR SOUS VIOLATIONS RELATING TO THE ISSUANCE OF OVERDRAFTS, HOT CHECKS, ETC, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. It shall be unlawful for any person to procure any article or thing of value, or to secure session of any personal property to which a lien has attached, or to make payment of any pre-existing t or other obligation of whatsoever form or nature, or for any other purpose to make or draw or utter deliver, with intent to defraud, any check,draft or order, for the payment of money, upon any bank, son, firm or corporation, knowing at the time of such making,drawing, uttering or delivering, that the er, or drawer, has not sufficient funds in, or on deposit with, such bank, person, firm or corporation, the payment of such check,draft or order, in full, and all other checks, drafts or orders,upon such ds then outstanding. SECTION 2. It shall be unlawful for any person or persons to make,draw, utter or deliver, or to cause or direct the making, drawing, uttering, or delivering of any check, draft or order for the payment of money on any bank, person, firm or corporation, in payment of money on any bank, person, firm or corpora- tion, in payment of wages or salaries for personal services rendered, knowing that the maker, drawer, or payor does not have sufficient funds in or on deposit with such bank, person, firm or corporation, for the I in full of such check,draft or order, as well as all other then outstanding checks, drafts or orders upon such funds,and with no good reason to believe the check,draft, or order would be pain upon presentation to the person or bank upon which same was drawn. SECTION 3. As against the maker, or drawer thereof, the making, drawing, uttering or delivering of a ck, draft or order, payment of which is refused by the drawee, shall be prima facie evidence of intent defraud and of knowledge of insufficient funds in, or on deposit with, such bank, person, firm, or poration. The indorsement or stamp of a collecting bank on any check, whether such check be drawn on an -of-state or in-state bank, shall constitute prima facie evidence of presentment without protest. SECTION 4. For the first conviction for a violation of this Ordinance, in the event the check,dra-ft4f! order given on any bank, person, firm or corporation, is Five Dollars ($5.00) or less, the punishment 11 be a fine not exceeding Two Hundred Dollars ($200.00). For the first conviction for a violation of s Ordinance, in the event the check, draft, or order given on any bank, person, firm or corporation, is', excess of Five Dollars($5.00) but less than Fivty Dollars($50.00), punishment shall be by imprisonment the county jail not exceeding two(2) years, or by a fine not exceeding One Thousand Dollars($1000.00), by both such fine and imprisonment. it be shown on the trial of a case involving a violation of this Ordinance in which the check, draft, < er given on any bank, person, firm, or corporation, is less than Fifty Dollars($50.00), that the endant has been once before convicted of the same offense he shall, on his second conviction, be punisl confinement in the county jail for not less than thirty (30) days nor more than two(2) years, and by a e not exceeding Two Thousand Dollars($2,000.00). it be shown upon the trial of a case involving a violation of this Ordinance where the amount of the ck, draft, or order is less than Fifty Dollars($50.00), that the defendant has two(2) or more times ore been convicted of the same offense, regardless of the amount of the check, draft or order involvedl the first two(2) convictions, upon the third or any subsequent conviction, the punishment shall be by finement in the penitentiary for not more than ten (10) years, and by a fine not exceeding Five usand Dollars($5,000.00). or a violation of this Ordinance, in the event the amount of the check, draft or order involved!is Fifty ollars($50.00), or more, punishment shall be by confinement in the penitentiary for not more than ten 10) years, and by a fine not exceeding Ten Thousand Dollars($10,000.OQ)* the purposes of determining the penalty applicable for second and"subsequent violations of this Ord- .ce, forfeiture of bail bond on a charge of violating this Ordinance shall be considered a conviction. SECTION 5. That numerous hot checks and overdrafts have been issued in the City of Fayetteville, .sas, and that it is necessary to provide an Ordinance to cover theseviolations; therefore, an ency is declared to exist, and this Ordinance shall be in full force andeffect from and after its ge and approval. ME PASSED AND APPROVED this 14th day of May, 1962. APPROVED: TTEST:GUY E. BR , MAYOR d� 9&�w 1 +ORAE DAVIS, CITY CLERK Upon advice of the City Attorney that this Ordinance was null and void legally, the City Clerk never ad this ordinance published. The City Attorney advised that an amending ordinance would be offered later) being no further business, Alderman Goff moved to adjourn. The motion was seconded bjr Alderman and passed unanimously, whereupon the Mayor declared the meeting adjourned. APPROVED: 12Mn*$1M111 MWT1,1 The City Council of Fayetteville, Arkansas, met in regular session on Monday, May 28, 1962, at 7:30 P. M'1 resent: Mayor Guy E. Brown, City Clerk George J. Davis, City Attorney Bass Trumbo, City Engineer W. C. Smith, hief of Police Hollis Spencer, Fire Chief Burl Skelton, and Aldermen: Heflin, Christie, Wheeler, Thomas, urgin, Faucette, and Short. bsent: City Controller Albert J. Jones and Alderman Ralph Goff. ttee. the motion was seconded by Alderman Wheeler and passed unanimously. The proposed Zoning Map Ordinance,which was left on the second reading at the last regular meeting of the Zoning Council on Monday, May 14, 1962, was again presented to the Council and read by the City Attorney for the Map Ord. third and last time. he Mayor 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" Heflin, Christie, Wheeler, Thomas, Burgin, Faucette, I nd Short. "Nay" None. 'here being seven "Ayes" and no "Nays", the Mayor declared the Ordinance passed. No. ORDINANCE N0, 1302 ORDINANCE ACCEPTING A REVISED ZONING DISTRICT MAP OF THEFPROPERTY LOCATED WITHIN THE CITY LIMITS OF YETTEVILLE, ARKANSAS. WHEREAS, since the date of the acceptance of the original zoning district map on June 13, 1960, rous ordinances have been enacted accepting newly annexed territory and rezoning property included in original zoning district map, and WHEREAS, a revised zoning district map, dated April 1, 1962, has been prepared reflecting the zoning f all property presently located within the City limits of Fayetteville, Arkansas, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE; ARKANSAS: SECTION 1. That the City. of Fayetteville, Arkansas, hereby accepts the revised Zoning District Map o. he City of Fayetteville, Arkansas, dated April 1, 1962, which is made a part of this Ordinance, said map o be filed with the City Clerk. SECTION 2. That all ordinances or parts of ordinances in conflict herewith are hereby repealed, and his ordinance shall take effect and be in force and effect from and after its passage, approval, and ublication. Dated this 28th day of May, 1962. ♦ E GU1`=�, . •/sd / ,A 0'i vation Attorney Pete Estes and a large group of citizens appeared before the Council protesting the location of the Salvation Army Headquarters 'at 501 South College Avenue which was in conflict with the Zoning Ordinanc ation No. 1239. . tested. A petition was filed with the Building Inspector on February 15, 1962, by a large number of citizens resid in this area, protesting the location of the Salvation Array at that place, but on May 11, 1962, the Board Adjustment granted the request of the Salvation Array to operate at that location (501 South College Ave.). After a very long discudsion, Alderman Heflin moved that the Council go on record as being opposed to the decision of the Board of Adjustment permitting the Salvation Army to move into a building at Y501 South College Avenue, which is in a Residential Zone. The motion was seconded by Alderman Christie and upon roll call the following vote was recorded: "Aye" Neflin, Christie, and Thomas. "Nay" None. Abstaining and not voting: Wheeler, Burgin, Faucette, and Short. There being only three "Ayes", no "Nays", with four "Abstaining", the Mayor declared the motion failed to pass for lack of a majority vote of the entire Council. oflTwo-way The Chief of Police reported that a Two-way radio was needed by the Police Department which could be pur- Radio chased from Smith's Two-way Radio Co., Fayetteville, Arkansas, at a cost to the City of $484.50. for After a brief discussion, Alderman Thomas moved to accept the recommendation of the Police Chief azd to olice Dept. authorize the Mayor and Chief of Police to purchase a Two-way radio from the Smith's 4wo-way Radio Co. for the sum of $484.50 with no State Sales Tax. The motion was seconded by Alderman Faucette and passed unanimously. The minutes of the regular meeting on Monday, May 14, 1962, a copy of which had previously been mailed to each of the Aldermen, were approved as written. Ave A long discussion was had concerning the vacating of that portion of Read Avenue between Rockwood Trail an ed Southern Avenue. A public hearing was held on a petition to vacate that portion of Read Avenue at the last I egular meeting of the Council on Monday, May 14, 1962, but no further action was taken at that time. t Iderman Burgin moved to refer this to the Street Committee for further study and recommendation. ttee. the motion was seconded by Alderman Wheeler and passed unanimously. The proposed Zoning Map Ordinance,which was left on the second reading at the last regular meeting of the Zoning Council on Monday, May 14, 1962, was again presented to the Council and read by the City Attorney for the Map Ord. third and last time. he Mayor 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" Heflin, Christie, Wheeler, Thomas, Burgin, Faucette, I nd Short. "Nay" None. 'here being seven "Ayes" and no "Nays", the Mayor declared the Ordinance passed. No. ORDINANCE N0, 1302 ORDINANCE ACCEPTING A REVISED ZONING DISTRICT MAP OF THEFPROPERTY LOCATED WITHIN THE CITY LIMITS OF YETTEVILLE, ARKANSAS. WHEREAS, since the date of the acceptance of the original zoning district map on June 13, 1960, rous ordinances have been enacted accepting newly annexed territory and rezoning property included in original zoning district map, and WHEREAS, a revised zoning district map, dated April 1, 1962, has been prepared reflecting the zoning f all property presently located within the City limits of Fayetteville, Arkansas, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE; ARKANSAS: SECTION 1. That the City. of Fayetteville, Arkansas, hereby accepts the revised Zoning District Map o. he City of Fayetteville, Arkansas, dated April 1, 1962, which is made a part of this Ordinance, said map o be filed with the City Clerk. SECTION 2. That all ordinances or parts of ordinances in conflict herewith are hereby repealed, and his ordinance shall take effect and be in force and effect from and after its passage, approval, and ublication. Dated this 28th day of May, 1962. ♦ E GU1`=�, . •/sd / ,A 0'i vation Attorney Pete Estes and a large group of citizens appeared before the Council protesting the location of the Salvation Army Headquarters 'at 501 South College Avenue which was in conflict with the Zoning Ordinanc ation No. 1239. . tested. A petition was filed with the Building Inspector on February 15, 1962, by a large number of citizens resid in this area, protesting the location of the Salvation Array at that place, but on May 11, 1962, the Board Adjustment granted the request of the Salvation Array to operate at that location (501 South College Ave.). After a very long discudsion, Alderman Heflin moved that the Council go on record as being opposed to the decision of the Board of Adjustment permitting the Salvation Army to move into a building at Y501 South College Avenue, which is in a Residential Zone. The motion was seconded by Alderman Christie and upon roll call the following vote was recorded: "Aye" Neflin, Christie, and Thomas. "Nay" None. Abstaining and not voting: Wheeler, Burgin, Faucette, and Short. There being only three "Ayes", no "Nays", with four "Abstaining", the Mayor declared the motion failed to pass for lack of a majority vote of the entire Council. oflTwo-way The Chief of Police reported that a Two-way radio was needed by the Police Department which could be pur- Radio chased from Smith's Two-way Radio Co., Fayetteville, Arkansas, at a cost to the City of $484.50. for After a brief discussion, Alderman Thomas moved to accept the recommendation of the Police Chief azd to olice Dept. authorize the Mayor and Chief of Police to purchase a Two-way radio from the Smith's 4wo-way Radio Co. for the sum of $484.50 with no State Sales Tax. The motion was seconded by Alderman Faucette and passed unanimously.