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HomeMy WebLinkAbout1962-07-09 MinutesJ 147 he motion was seconded by Alderman Short and passed unanimously, whereupon the ordinance was thbn read or the second time. ,or 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 Short and passed unanimously. The ordinance was then read for the third and last time. The Mayor then declared the ordinance open for discussion. Where 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, and Short. ('Nay" None. There being seven "Ayes" and no "Nays", the Mayor declared the Ordinance passed. Ordinance No. ORDINANCE N0. 1306 ' 1306 N ORDINANCE VACATING A PORTION OF AN ALLEY LOCATED IN BLOCK TWENTY-ONE OF FERGUSON'S ADDITION TO THE CITY �F FAYETTEVILLE, ARKANSAS WHEREAS, a petition was duly filed with the City Council of the pity of Fayetteville, Arkansas, asking he City Council to vacate and abandon that portion of an alley located in Block Twenty -One of Ferguson's kddition to the City of Fayetteville, Arkansas, lying between lots Five through Nine (5-0) on the East and lots Ten through Fourteen (10-14) on the West, running from the South line of the Sixth Street Right -o£- y to the St. Louis -San Francisco Railway Right-of-way, and WHEREAS, after due notice as required by law, the City Council has, at the time and place mentioned in the notice, heard all persons desiring to be heard on the question and has ascertained that the portion of the alley hereinabove described has heretofore been dedicated to the public use as an alley; has not been actually used by the public generally for a period of at least five(5) years subsequent to the filing of the plat; that all of the owners of the property abutting on the.portion of said street sought to be racated have filed with the City Council their written consent to said abandonment; and that public welfare will not be adversely affected by the abandonment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. The City of Fayetteville, Arkansas, hereby releases, vacates, and abandons all its rights, gether with the rights of the public generally, in and to all that portion of an alley located in Block enty-One of Ferguson's Addition to the City of Fayetteville, Arkansas, lying between lots Five through ne(5-9) on the last and lots Ten through Fourteen (10-14) on the West, running from the South line of th xth Street Right-of-way to the St. Louis -San Francisco Railway Right-of-way; reserving unto said City of yetteville, Arkansas, its successors and assigns an easement or right-of-way on, over, under, and across e portion of said street hereby vacated for the purpose of constructing, installing, laying and relaying locating, and maintaining all public utilities now located or which may hereafter be located upon said cated alley by said City or any corporation having a franchise or right-of-way from said City. SECTIO14 2. A copy of the Ordinance, duly certified by the City Clerk, shall be filed in the office of Recorder of the County, and recorded in the Deed Records of the County. SECTION 3. This Ordinance shall take effect and be in force Brom and after its passage, approval, and ublication, PASSED AND APPROVED this 9th day of July, 1962. �J � �,,� � J APPROVED: ��Aq ATTEST: 20, i4�S�'+�"` / l.U� SSLLCPaA GUY E. BROWN, MAYOR Petition of H, H. Gose GEORG J. AVIS, CITY CLERK Rezoning of i Attorney W, Be Putman appeared before the Council in behalf .of Mr. H. H. Gose and requested that the property d nied. Council reconsider a petition to rezone certain property at Trenton Street and Lollar Lane which had been (Trenton S; & denied by the Planning Commission, Lollar Lan)) A large group of property owners of that area also appeared before the Council protesting the rezoning of Ithis property. , After a very long discussion, Alderman Short moved to sustain the action of the Planning Commission and not rezone the property at Trenton Street and Lollar Lane from a Residential Zone to a Residential-Profes Isonal Zone. The motion was seconded by Alderman Heflin and passed unanimously. Refer Youths Dr. Garland Melton appeared before the Council in behalf of the Youths Center and requested the Council t I consider appropriating funds to assist in the operation of the Youths Center until such time as it will b Center request self supporting. to Finance After a long discussion, Alderman Burgin moved to refer this to the Finance Committee for study and Committee. recommendation at the next regular Council meeting. The motion was seconded by Alderman Heflin and passed unanimously. he Oity Council of Fayetteville, Arkansas, met in regular session on Monday, July 9, 1962, at 7:30 P, M. desent: Mayor Guy E. Brown, City Attorney Bass Trumbo, City Engineer W, C. Smith, Chief of Police Hollis, spencer, Fire Chief Burl Skelton, and Aldermen: Heflin, Christie, Wheeler, Thomas, Burgin, Faucette, and Short. {absent: City Clerk George J. Davis. (bsent at roll call but later entering: City Controller Albert J. Jones. In the absence of The City Clerk, City Attorney Bass Trumbo acted as Clerk of the meeting. The minutes of the regular meeting on Monday, June 25, 1962, a copy of which had been mailed priBViously to each of the Aldermen, were approved as written. The Mayor reported that this was the date, time, and place set for a public hearing on a petition to vacate pLnd abandon a portion of an alley in Ferguson's Addition to the City of Fayetteville, Arkansas, The L'ity Attorney reported that all the requisites of Resolution 10-62 had been met. Public hearing The Mayor stated that all persons desiring to be heard would be permitted to state.their objections at this to vacate alley time. in Ferguson's There being no objections, the City Attorney introduced and at the request of the Council read in its Addition. I entirety a proposed ordinance entitled, "AN ORDINANCE VACATING THAT PORTION OF AN ALLEY LOCATED IN BLOCK (City Shop) PENTY-ONE OF FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS". • Alderman Burgin then moved that the rules be suspended and that the ordinance be placed on the second he motion was seconded by Alderman Short and passed unanimously, whereupon the ordinance was thbn read or the second time. ,or 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 Short and passed unanimously. The ordinance was then read for the third and last time. The Mayor then declared the ordinance open for discussion. Where 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, and Short. ('Nay" None. There being seven "Ayes" and no "Nays", the Mayor declared the Ordinance passed. Ordinance No. ORDINANCE N0. 1306 ' 1306 N ORDINANCE VACATING A PORTION OF AN ALLEY LOCATED IN BLOCK TWENTY-ONE OF FERGUSON'S ADDITION TO THE CITY �F FAYETTEVILLE, ARKANSAS WHEREAS, a petition was duly filed with the City Council of the pity of Fayetteville, Arkansas, asking he City Council to vacate and abandon that portion of an alley located in Block Twenty -One of Ferguson's kddition to the City of Fayetteville, Arkansas, lying between lots Five through Nine (5-0) on the East and lots Ten through Fourteen (10-14) on the West, running from the South line of the Sixth Street Right -o£- y to the St. Louis -San Francisco Railway Right-of-way, and WHEREAS, after due notice as required by law, the City Council has, at the time and place mentioned in the notice, heard all persons desiring to be heard on the question and has ascertained that the portion of the alley hereinabove described has heretofore been dedicated to the public use as an alley; has not been actually used by the public generally for a period of at least five(5) years subsequent to the filing of the plat; that all of the owners of the property abutting on the.portion of said street sought to be racated have filed with the City Council their written consent to said abandonment; and that public welfare will not be adversely affected by the abandonment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. The City of Fayetteville, Arkansas, hereby releases, vacates, and abandons all its rights, gether with the rights of the public generally, in and to all that portion of an alley located in Block enty-One of Ferguson's Addition to the City of Fayetteville, Arkansas, lying between lots Five through ne(5-9) on the last and lots Ten through Fourteen (10-14) on the West, running from the South line of th xth Street Right-of-way to the St. Louis -San Francisco Railway Right-of-way; reserving unto said City of yetteville, Arkansas, its successors and assigns an easement or right-of-way on, over, under, and across e portion of said street hereby vacated for the purpose of constructing, installing, laying and relaying locating, and maintaining all public utilities now located or which may hereafter be located upon said cated alley by said City or any corporation having a franchise or right-of-way from said City. SECTIO14 2. A copy of the Ordinance, duly certified by the City Clerk, shall be filed in the office of Recorder of the County, and recorded in the Deed Records of the County. SECTION 3. This Ordinance shall take effect and be in force Brom and after its passage, approval, and ublication, PASSED AND APPROVED this 9th day of July, 1962. �J � �,,� � J APPROVED: ��Aq ATTEST: 20, i4�S�'+�"` / l.U� SSLLCPaA GUY E. BROWN, MAYOR Petition of H, H. Gose GEORG J. AVIS, CITY CLERK Rezoning of i Attorney W, Be Putman appeared before the Council in behalf .of Mr. H. H. Gose and requested that the property d nied. Council reconsider a petition to rezone certain property at Trenton Street and Lollar Lane which had been (Trenton S; & denied by the Planning Commission, Lollar Lan)) A large group of property owners of that area also appeared before the Council protesting the rezoning of Ithis property. , After a very long discussion, Alderman Short moved to sustain the action of the Planning Commission and not rezone the property at Trenton Street and Lollar Lane from a Residential Zone to a Residential-Profes Isonal Zone. The motion was seconded by Alderman Heflin and passed unanimously. Refer Youths Dr. Garland Melton appeared before the Council in behalf of the Youths Center and requested the Council t I consider appropriating funds to assist in the operation of the Youths Center until such time as it will b Center request self supporting. to Finance After a long discussion, Alderman Burgin moved to refer this to the Finance Committee for study and Committee. recommendation at the next regular Council meeting. The motion was seconded by Alderman Heflin and passed unanimously. The City Attorney read a proposed Resolution entitled, "ACCEPTING AND AUTHORIZING EXECUTION OF AMENDMENT N0, 1 TO GRANT AGREEMENT" (This Grant Agreement was with the FAA) Alderman Burgin moved that the Resolution be adopted. The motion was seconded by Alderman Short and passed unanimously, whereupon the Mayor declared the Resol tion adopted.' RESOLUTION 11-62 ACCEPTING AND AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO GRANT AGREEMENT. WHEREAS, the Assistant Administrator, Southwest Region of the Federal Aviation Agency has determined it to be in the interest of the United States of America that the Grant Agreement between the Regional Administrator, Federal Aviation Agency, acting for and on behalf of the United States, and the City of Fayetteville, Arkansas(hereinafter referred to as "Sponsor"), accepted by said Sponsor on the 8th day of June, 1959, be amended, and WHEREAS, the Mayor and City Council of the City of Fayetteville, Arkansas, have determined it to be to the best interest of the City of Fayetteville, Arkansas, that said grant agreement be amended. NOW, THEREFORE, BE IT RESOLVED: Section 1. That said Grant Agreement between the Regional Administrator, Federal Aviation Agency, acting for and on behalf of the United States and the City of Fayetteville, Arkansas, accepted by the of Fayetteville, Arkansas, on June 8, 1959, be and the same shall be amended as follows: 1.B"y revising the description of the project as set forth in the second paragraph, Page 1 of the Grant Agreement; to read as follows: "Acquire land(Tracts B, C, and E on Exhibit "A"); construct terminal apron, parallel taxiway to N runway, hangar apron and connecting taxiway, entrance road, auto parking area,.terminal building, sidewalks and utilities; perform approach clearing at each end of N/S runway; install security fe. perform turfing incidental to grading." 2. By deleting Special Condition 8(d) as set forth in the fourth paragraph Page 3 of the Grant ment and substituting therefor the following: "It is agreed between the parties hereto that the property interests which the Sponsor shall acquire inTracts B. C; and E on Exhibit "A" shall consist offee simple title satisfactory to the Administra- tor to Tracts B and C and :avigation easements for clear zone purposes satisfactory to the Adminis- trator in Tract E on Exhibit "A"; and it is further agreed that the United States shall not make, nor be obligated to make, any grant payments for the acquisition of such property interests in said Tracts until the Sponsor has submitted evidence satisfactory to the Administrator that it has acq#�.ed such property interests." 3. By deleting Exhibit "A", dated August, 1958, attached to and made a part of the Project and Grant Agreement and submitting therefor Map Exhibit "A" dated May 5, 1960, 4. By increasing the maximum amount of the obligation of the United States payable under the Grant Agreement from $90,000.00 to $99,000.00 Section 2. That the Mayor of the.City of Fayetteville, Arkansas, be and he is hereby authorized to evidence the City's agreement to such amendment by affixing his signature to such agreement, which is hereby executed in sextuple, and the City Clerk is hereby authorized and directed to impress the official seal of the City of Fayetteville, Arkansas, thereon andto attest said execution. IN WITNESS WHEREOF, we have set our hands and seal on this 9th day of July, 6 U111JA ATTEST: GUY E. BROWN, MAYOR GEORGE JVDAVS, CITY CLERK The City Attorney then read a proposed resolution entitled, "ACCEPTING AND AUTHORIZING EXECUTION OF iMENT N0. 2 TO GRANT AGREEMENT." Alderman Burgin moved that the Resolution be adopted. The motion was seconded by Alderman Short and unanimously, whereupon the Mayor declared the Resolution adopted. RESOLUTION NO. 12-62 ACCEPTING AND AUTHORIZING EXECUTION OF AMENDMENT NO. 2 TO GRANT AGREEMENT WHEREAS, the Assistant Administrator, Southwest Region of the Federal Aviation Agency has determined it to be in the interest of the United,States of America that the Grant Agreement between the Chief, Airports Division, Region II of the Federal Aviation Agency, acting for and on behalf of the United State; and the City of Fayetteville, Arkansas(hereinafter referred to as "Sponsor"), accepted by said Sponsor on the 27th day of June, 1960, as amended by Amendment No. 1 dated October 23, 1961, relating to Fayette- ville Municipal Airport, Project No. 9-03-002-6003, be further amended, and WHEREAS, the Mayor and City Council of the City of Fayetteville, Arkansas, have determined it to be to the best interest of the City of Fayetteville, Arkansas, that said grant agreement be further amended. NOW, THEREFORE, BE IT RESOLVED: Section 1. That said Grant Agreement between the Chief, Airports Division, Region II of the Federal Aviation Agency, acting for and on behalf of the United States and the City of Fayetteville, Arkansas, accepted by the City of Fayetteville, Arkansas, on June 27, 1960, and amended by Amendment No. 1 dated October 23, 1961, be and the same shall be amended as follows: Acquire land (fee simple title or other property interest satisfactory to the Administrator in and t( those portions of Area B as shown on Map Exhibit "A" situated in the NE1/4 of the NW 1/4 and in the W 1/2 of the NE 1/4, Section 9, T15N, R30W; extinguish Walker easement over Tract A); strengthen existing N/S runway; construct and light 1200' x 100' extension to N/S runway and construct parallel taxiway extension; perform approach clearing to south approach; construct FSS Building quarters; construct perimeter fence; install obstruction lights in the south approach; relocate lighting contrc €I 149 Sect -on 2. It is understood and agreed that the maximum amount of the obligation of the United States ble der said Grant Agreement shall not be increased by the amendment. 1/6 ection 3. It is further understood and agreed that the terms, Chief of the Aviation Facilities sion, Southwest Region of the Federal Aviation Agency, or the Chief, Aviation Facilities Division, S thwest Region; wherever they may appear in the Grant Agreement or any other document constituting a pa: Peof, are deemed to mean the Assistant Administrator, Southwest Region of the Federal Aviation Agency, Assistant Administrator, Southwest Region, as the case may be. Section 4. That the Mayor of the City of Fayetteville, Arkansas, be and he is hereby authorized to yidence the City's agreement to such amendment by affixing his signature to such agreement, which is A/ hereby executed in sextuple, and the City Clerk is hereby authorized and directed to impress the official Peal of the City of Fayetteville, Arkansas, thereon and to attest said execution. IN WITNESS WHEREOF, we have set our hands and seal on this 9th day of July, 1962, TTE.ST: GEORGE J. DAVIS, CITY CLERK 1 The City Attorney then read a propose resolut autho izing t and City Clerk to execute a contract with the St. Louis & San Fra cisco it a er line easement. Alderman Wheeler moved that the reso ut ado ed. The mo on was seconded by Alderman Heflin and passed unanimously, whereupon the r declared the Resolution adopted. he Mavor an OW2 - A iiMA filff.. -0 Now' - Q RESOLUTION 13-62 BE IT RESOLVED BY THE CITY COUN6tL OF THE CITY AYETTEVILLE, ARKANSAS: That the City Council hereby authorizes a Mayor and the City Clerk to execute a contractSwith the St. Louis -San Franc* o Railway Company-fo wo easements or licenses to the City of Fayetteville -, Arkansas, for the co-truction, mainte ce, repair andoperation o a ht i h e i e St. Loui an Francisco road Line r 14 a u j�� P No. 3 plus 36 poles o in a of eo --ayette e2 kap sa , and x�ther au o n t e expenditure of !P .Twenty-five ( 25 0) Dollars or a chase o sement and license. .r PASSED AN APPROVE is day of J y, 1962.] APPROVED: ATTEST: GUY E• BROWN, MAYOR GEtGX J. DAVIS, CITY CLERK The City Attorney read a proposed ordinance,which had been left on the first reading at the last regular pieeting of the Council on Monday, June 25, 1962, in its entirety for the second time, entitled, "AN ORDINANCE TO ACCEPT AND CONFIRM THE DEDICATION OF ALL STREETS, ALLEYS AND EASEMENTS IN STUBBLEFIELD ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS" Alderman Short moved that the rules be suspended and that 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. There being no discussion, Alder Resolution 12-62 (C�nt) Section 2. It is understood and agreed that the maximum amount of the obligation of the United State Amending payable under said Grant Agreement shall not be increased by the amendment. Grant Agreement. Section 3. It is further understood and agreed that the terms, Chief of the Aviation Facilities Division, Southwest Region of'the Federal Aviation Agency, or the Chief, Aviation Facilities Division, Southwest Region, wherever they may appear in the Grant Agreement or any other document constituting a pa thereof, are deemed to mean the Assistant Administrator, Southwest Region of the Federal Aviation Agency, or Assistant Administrator, Southwest Region, as the case may be. Section 4. That the Mayor of the City of Fayetteville, Arkansas, be and he is hereby authorized to evidenc he City's agreement to such amendment by affixing his signature to such agreement, which is hereby executed in sextuple, and the City Clerk is hereby authorized and directed to impress the official seal of (the City of Fayetteville, Arkansas, thereon and to attest said execution. IN WITNESS WHEREOF, we have set our hands and seal on this 9th day of July, 1' TTEST: GEORGR/J VDAVIS, CITY CLERK PASSED AND APPROVED THIS 9th day of July, 1962. APPROVED: ATTEST: q1,01114 GUY E. B OWN, MAYOR GEOROE J. DAVIS, CITY CLERK Fhe City Attorney read a proposed ordinance, which had been left on the first reading at the last regular Ordina ce meeting of the Council on Monday, June 25, 1962, in its entirety for thesecond time, entitled, "AN ORDIN- No. 130'7 bNCE TO ACCEPT AND CONFIRM THE DEDICATION OF ALL STREETS, ALLEYS AND EASEMENTS IN STUBBLEFIELD ADDITION jP0 THE CITY OF FAYETTEVILLE, ARKANSAS". lderman Short moved that the rules be suspended and that the ordinance be placed on the third and final motion was seconded by Alderman Burgin and passed unanimously. ordinance was then read for the third and last time. Mayor then declared the ordinance open for discussion. There being no discussion, the Mayor asked the tion, "Shall the Ordinance pass"9 roll call the following vote was recorded,"A,ye" Heflin, Christie, Wheeler, Thomas, Bur#in, Faucette, Short. "Nay" None. Is being seven "Ayes" and no "Nays", the Mayor declared the ordinance passed. ORDINANCE N0, 1307 ORDINANCE TO ACCEPT AND CONFIRM THE DEDICATION OF ALL STREETS, ALLEYS AND EASEMENTS IN STUBBLEFIELD ,ITION TO THE CITY OF FAYETTEVILL.,E, ARKANSAS. WHEREAS, there has been duly presented to the City Council of the City of Fayetteville, Arkansas, a at dated June 21, 1962, known as the Stubblefield Addition to the City of Fayetteville, Arkansas, and ing a tract of land being a part of the South Half (Sl/2) of the Southwest Quarter (SW1/4) of the uthwest Quarter (SW1/4) of Section Twenty-five(25) and the Northwest Quarter (NW1/4) of the Northwest arter (NW1/4) of Section(36) Thirty-six, Township Seventeen (17) North, Range Thirty (30) West of the fth (5th) Principal Meridian, containing 55.48 acres, more or less, by which the owners of the platted al estate have dedicated for the public use the streets, alleys and easements shown upon said plat, and WHEREAS, the City Planning Commission of the City of Fayetteville, Arkansas, has recommended the cceptance 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 streets, alleys, and easements, dedicated in Stubblefield Addition to the City of Fayetteville, Ark hereby declaressaid streets,41leys, and easements, to be public streets, alleys, and easements, and 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 assage, approval, and publication. DATED THIS 9th day of July, 1962. -' APPROVED: TTEST: Aum 90_ GUY BROWN, MAYOR GEORGE JEor DAVIS, CITY CLERK F1 rhe City Attorney then read a proposed resolution authorizing the Mayor and City Clerk to execute a contract with the St. Louis & San Francisco Railway Co. for two sewer line easements. Alderman Wheeler moved that the resolution be adopted. The motion was seconded by Alderman Heflin and passed unanimously, whereupon the Mayor declared the Resolution adopted. RESOLUTION 13-62 Resolution 13-62 I BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Easements for sewer lines. That the City Council hereby authorizes the Mayor and the City Clerk to execute c contracts with the St. Louis -San Francisco Railway Company for two easements or licenses to the City of Fayetteville, Arkansas, for the construction, maintenance, repair and operation of an eight inch sewer line crossing the St. Louis -San Francisco Railroad line on Cato Springs Road at Mile Post 354 plus 23 poles plus 70 feet and bne for a twelve -inch or Efrenty;afour inch sewer line under the bridge (354.9) at Mile Post 354, plus (i6 poleslsaid location being on the Old St, Paul Branch Railroad approximately 1000 feet East of Garland venue, both being in the City of Fayetteville, Arkansas, and further authorizing the expenditure of ,venue, ($25.00) Dollars for the purchase of each easement and license. PASSED AND APPROVED THIS 9th day of July, 1962. APPROVED: ATTEST: q1,01114 GUY E. B OWN, MAYOR GEOROE J. DAVIS, CITY CLERK Fhe City Attorney read a proposed ordinance, which had been left on the first reading at the last regular Ordina ce meeting of the Council on Monday, June 25, 1962, in its entirety for thesecond time, entitled, "AN ORDIN- No. 130'7 bNCE TO ACCEPT AND CONFIRM THE DEDICATION OF ALL STREETS, ALLEYS AND EASEMENTS IN STUBBLEFIELD ADDITION jP0 THE CITY OF FAYETTEVILLE, ARKANSAS". lderman Short moved that the rules be suspended and that the ordinance be placed on the third and final motion was seconded by Alderman Burgin and passed unanimously. ordinance was then read for the third and last time. Mayor then declared the ordinance open for discussion. There being no discussion, the Mayor asked the tion, "Shall the Ordinance pass"9 roll call the following vote was recorded,"A,ye" Heflin, Christie, Wheeler, Thomas, Bur#in, Faucette, Short. "Nay" None. Is being seven "Ayes" and no "Nays", the Mayor declared the ordinance passed. ORDINANCE N0, 1307 ORDINANCE TO ACCEPT AND CONFIRM THE DEDICATION OF ALL STREETS, ALLEYS AND EASEMENTS IN STUBBLEFIELD ,ITION TO THE CITY OF FAYETTEVILL.,E, ARKANSAS. WHEREAS, there has been duly presented to the City Council of the City of Fayetteville, Arkansas, a at dated June 21, 1962, known as the Stubblefield Addition to the City of Fayetteville, Arkansas, and ing a tract of land being a part of the South Half (Sl/2) of the Southwest Quarter (SW1/4) of the uthwest Quarter (SW1/4) of Section Twenty-five(25) and the Northwest Quarter (NW1/4) of the Northwest arter (NW1/4) of Section(36) Thirty-six, Township Seventeen (17) North, Range Thirty (30) West of the fth (5th) Principal Meridian, containing 55.48 acres, more or less, by which the owners of the platted al estate have dedicated for the public use the streets, alleys and easements shown upon said plat, and WHEREAS, the City Planning Commission of the City of Fayetteville, Arkansas, has recommended the cceptance 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 streets, alleys, and easements, dedicated in Stubblefield Addition to the City of Fayetteville, Ark hereby declaressaid streets,41leys, and easements, to be public streets, alleys, and easements, and 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 assage, approval, and publication. DATED THIS 9th day of July, 1962. -' APPROVED: TTEST: Aum 90_ GUY BROWN, MAYOR GEORGE JEor DAVIS, CITY CLERK F1 152 viders Noltrade IS vation of Ave Ordinance o. 1308 two City . SBldgs . Pi Alderman Short then moved that the Mayor and City Clerk be and they are hereby authorized to execute a Subdivision Contract with the owners of Stubblefield Addition (Messrs. Ralph and Roland Stubblefield) and that the City Clerk be further authorized to cause the Subdivision Contract to be recorded in the Circuit Clerk's Office with the Deed Records of the Country. The motion was seconded by Alderman Thomas and passed unanimously. The Mayor reported that he had a letter from the Salvation Array in which they offered to exchange their property located on Rock Street lying between East Avenue and Block Avenue for some City property located at Church Avenue and South (Third) Street. After a brief discussion, Alderman Burgin moved that the Mayor be authorizedto inform the Salvation Army that the City did not wish to exchange the property at this time. Thea was seconded by Alderman Thomas and passed unanimously. irrt,�v The City Attorney reported that a public hearing was held on a petition to vacate and abandon that portio of Read Avenue lying between Rockwood Trail and Southern Avenue in the Mountain View Addition on Monday, May 14, 1962, but no further action was taken at that time, although no objections were made to the vacating of the street other than by the City for easements for utilities. The City Attorney then introduced and at the request of the Council read in its entirety for the first time a proposed ordinance entitled, "AN ORDINANCE VACATING A PORTION OF READ AVENUE BETWEEN ROCKWOOD TRAI AND SOUTHERN AVENUE IN MOUNTAIN VIEW ADDITION TO THE CITY OF FAYETTEVILLE, ARKANDAS". Alderman Burgin moved that the rules be suspended and that the ordinance be placed on the second reading. The motion was seconded by Alderman Heflin and passed unanimously. The ordinance was then read for the second time. Alderman Wheeler then moved that the rules be further suspended and the ordinance iw placed on the third and final reading. The motion wasseconded by Alderman Short and passed unanimously. The ordinance was then read for the third and last time. The Mayor then dedlared 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 and Short. "Nay" None. There being seven "Ayes" and no "Nays", the Mayor declared the Ordinance passed. ORDINANCE NO. 1308 AN ORDINANCE VACATING A PORTION OF READ AVENUE BETWEEN ROCKWOOD TRAIL AND SOUTHERN AVENUE IN MOUNTAIN ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS. the �IER,AS p tition was aul� fnled wtth thg City Council of the City of Fayetteville Arkansas ask i y ouflc 1 o vacate an a an ontha por ion of Read Avenue lying between Rockwood Frail and South Avenue in the Mountain View Addition to the City of Fayetteville, Arkansas, recorded in Plat Book 100, Page 392, and WHEREAS, after due notice as required by law, the City Council has, at the time and place mentioned the notice, heard all persons desiring to be heard on the question and has ascertained that the portion the street hereinabove described has heretofore been dedicated to thepublicuse as a street; has not be �i up1edd�;u atbaylihofp ehlow�ersroilYhellproper yabuEtinglonsthelpoe`LIOK ears ssaidsstreet to filing o beg of essand wei arelwil nottbe aet'erseiy°affecferd tyltnenananoonment,said abandonment; and that public intra NOVI, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. The City of Fayetteville, Arkansas, hereby releases, vacates, and abandons all its rights together with the rights of the public generally, in and to all that portion of Read Avenue between Rock- wood Trail and Southern Avenue in Mountain View Addition to the City of Fayetteville, Arkansas; reserving unto said City of Fayetteville,Arkansas, its successors andassigns an easement or right-of-way on, over, under, and across the portion of said street hereby vacated for the purpose of constructing, installing, mperating, laying and relaying, relocating, and maintaining all public utilities now located or which may hereafter be located upon said vacated street by said City, or any corporation having a franchise or right-of-way from said City, as a co+6 tion to the closing of said portion of Read Avenue, the City shall be held free and harmless from liability as to anyy claims of the abutting owners for damages to the prop- erty described herein, which may result from the pity or other utility companies constructing, installing operating, laying and relaying, relocating, and maintaining all public utilities now located, or which ma, hereafter be located upon said vacated street, and further that the petitioners agree that they will refrain from altering or changing the grade of the terrain, which would cause damage to utility lines located in that area. SECTION 2. A copy of this Ordinance, duly certified by the City, shall be filed in the offiee of the Recorder of the County, and recorded in the Deed Records of theCounty. SECTION 3. This Ordinance shall take effect and be in force from and after its passage, approval, and publication. PASSED AND APPROVED THIS 9th day of July, 1962, APPROVED: The Mayor reportedthat three bids had been received and opened for the construction of two new shop buildings for the City Shop, Sanitation, and Street Departments and that the bid of the Tune Uonstruction Co., Fayetteville, Arkansas, was the low bid, for the total sum of $26,500.00 for both buildings. After a lengthy discussion, Alderman Burgin moved that the contract For the construction of two buildings for the City Shop be awarded to the Tune Construction Co., Fayetteville, Arkansas, for thettotal sum of $26,500.00 for both buildings (garage and shed), subject to the approval of the contract and performance bond by the City Attorney and evidence of proper insurance. The motion was seconded by Alderman Wheeler and passed unanimously. COPY OF BIDS FOR SHOP BUILDINGS. BIDDER COST ONE BLDG TOTAL COST TWO BLDGS Tune Const. Co., Fayetteville, Ark. $21,3;9.7;00 $26,500.00 Larsen & Wear Co., Ft. Smith, Ark. 21,985.00 282885.00 Frazier Uonst. Co. 11 " 11 23,306.00 (metal) No Bid 153 There being no further businews, Alderman Short moved to adjourn. The motion was sedonded by Alderman Burgin and passed unanimously, whereupon the Mayor declared the meeting adjourned. APPROVED: ISMMJJJA� ATTEST: GUY E. BROWN, MAYOR GEORGE DAPSt. CITY CLERK jPhe City Council of Fayetteville, Arkansas, met in regular session on Monday, July 23, 1962, at 7:30 P.M. esent: 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, and Ilflldermen: Heflin, Christie, Wheeler, Thomas, Faucette, and Short. bsent: Alderman Burgin. �he minutes of the regular meeting on Monday, July 9, 1962, a copy of which had preuiopsly been mailed to ach of the Aldermen, were approved as written. he City Attorney presented a petition requesting that the City vacate and abandon a portion of Gregg Petition to vacate venue (which had never been opened for traffic) and which had been signed by several property owners portion of Gregg bf adjoining property. Avenue. he City Attorney stated that, since the City owned some property involved in the closing of the street., the Council should authorize the Mayor to sign the petition. ((Alderman Short moved that the Mayor be and he is hereby authorized to sign the petition to vacate and abandon a portion of Gregg Avenue where the City Shop is no located. (f he motion was seconded by Alderman Thomas and passed unanimously. The Mayor signed the petition in the presence of the Council) Resolution to. City Attorney then read a proposed resolution setting forth the date, time, and place of a public set date, place, hearing on the petition to vacate and abandon a portion of Gregg Avenue where the City Shop Building is etc. for a public now located, hearing to vacate blderman Short moved that the resolution be adopted. The motion was seconded by Alderman Faucette and street. ssed unanimously, whereupon the Mayor declared the Resolution adopted. Resolution RESOLUTION 14-62 14-62 BE IT RESOLVED BY -THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: first ,s 4 Ordinance No, 1309• THAT, whereas, at a regular meeting of the City Council of the City of Fayetteville, Arkansas, a ition was presented to said City Council for the vacating and abandoning of a street which is described follows: A portion of Gregg Street lying between Blocks Twenty-one and Twenty-three (23) of Ferguson's Additi to the City of Fayetteville, Arkansas, lying South of the South Right-of-way line of Highway No. 62 and North of the North Right-of-way line of the St. Louis -San Francisco Spur. That the above -stated petition was presented to the Planning Commission of the City of Fayetteville, sas, and that said petition was approved by the Planning Commission. It That the 13th day of August, 1962, is the date set for the hearing of this petition and that the ty Clerk is hereby directed to give notice of such meeting by publication once a week for two consecutive eks in the Northwest Arkansas Times, a newspaper having a general circulation in Fayetteville, Arkansas. PASSED AND APPROVED this 23rd day of July, 1962. APPROVED: Q/g • - n/ DOIS, - on he City Attorney introduced and,at the request of the Council, read a prpposed ordinance in its entirety entitled, "AN ORDINANCE ACCEPTING TERRITORY ANNEXED TO THE CITY OF FAYETTEVILLE, ARKANSAS; ASSIGNING SAID �ERRITORY TO WARDS; AND FOR OTHER PURPOSES". No further action was taken and the ordinance was left on the first reading. �he City Attorney then introduced and, at the request of the Council,read a proposed ordinance in its entirety entitled, "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239 AND ZONING DISTRICT MAP OF FAYETTEVILI VIRKANSAS, APPROVED JUNE 13, 1960,TO REZONE CERTAIN REAL ESTATE FROM ZONE R-2 TWO-FAMILY RESIDENTIAL DISTRI 0 C-2 THOROUGHFARE COMMERCIAL DISTRICT". lderman Short moved that the rules be suspended and that the ordinance be placed on the second reading. rhe motion was seconded by Alderman Heflin and passed unanimously. he ordinance was then read for the second time. alderman Short then moved that the rules be further suspended and the ordinance pIaced on the third and ,final reading, rhe motion was seconded by Alderman Heflin and passed unanimously. (Che 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 the question, "Shall the Ordinance pass"? Upon roll call the following vote was recorded, "Aye" Heflin, Christie, Wheeler, Thomas, Faucette, and Short. "Nay" None. 'here being six "Ayes" and no "Nays", the Mayor declared the Ordinance passed. ORDINANCE NO. 1309 ORDINANCE AMENDING ZONING ORDINANCE NO..1239 AND ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, ROVED JUNE 13, 1960, TO REZONE CERTAIN REAL ESTATE FROM ZONE R-2 TWO-FAMILY RESIDENTIAL DISTRICT TO C-2 ROUGHFARE COMMERCIAL DISTRICT. WHEREAS, a public hearing was held before the Planning Commission of the City of Fayetteville, Lsas, on June 26, 1962, on the petition of G. C. Thomas, requesting that said Planning Commission unend to th=_ City Council of the City of Fayetteville, Arkansas, that said City Council enact an Lance rezoning the property described as follows, to -wit: