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HomeMy WebLinkAbout1962-10-10 MinutesSpecial Attorney A. D. McAllister, Jr., appeared before the Council and reported that the First National Bank of Fayetteville had filed suit against James A. Ulrich and C. R. Cannady d/b/a Cannady Construction Company, Monett, Missouri, who had a contract with the City of Fayetteville, Arkansas, for construction at the Municipal Airport, and that it would be necessary for the City to file an Intervention and Interpleader Suit in connection with this lawsuit. He further reported that a "Clear Zone Easement" across some property lying immediately north of the Airport was necessary and that it could be purchased from the Fayetteville Chamber of Commerce for the sum of $6000:00. Purcha e of After a lengthy discussion, Alderman Wheeler moved to authorize the payment of $6,000.00 to the Clegr one Fayetteville Chamber of Commerce in exchange for a Clear Zone Easement, satisfactory to.the Federal Egseme t A%iation Agency, over the real estate owned by the Fayetteville Chamber of Commerce and located at the across S affer north end of the airport runway. property. The motion was seconded by Alderman Heflin and passed unanimously. Authorize s ecial Alderman Short then moved to authorize the Special Attorneys,Wade & McAllister, to file an Intervention attorneys to file and Interpleader Suit in the Circuit Court of Washington County, Arkansas, in the case of First National Interventioi & Bank of Fayetteville, Arkansas, VS James A. Ulrich and C. R. Cannady d/b/a/ Cannady Construction Company, Interpleader Suit, Monett, Missouri, and to take such other legal action as in the opinion of said attorneys may be appropriate to conclude the Fayetteville Airport Project No. 9-03-002-02. The motion was seconded by Alderman Wheeler and passed unanimously. �+yn �e�T CcEpK A e A Ft iz t e°�° Alderman Thomas then moved that the xr be andTh2y is hereby authorized to borrow the sum of $18,500.00 to pay the obligations of the Airport Projedt No. 9-03-002=02* to borrow The motion was seconded by Alderman Short and passed unanimously. $18,500.00 Aldermen Burgin and Faucette were excused at this time. Authorize ublica- Alderman Thomas moved to authorize the City Clerk to cause notice to be published of a public hearing tion of not4 e for to be held on Wednesday, October 10, 1962, ori a petition for a referendum vote on Ordinance No. 13149 public hearng The motion was seconded by Alderman Standley and upon rollcall the following vote was recorded, "Aye", for referend vote Heflin, Standley, Wheeler, Thomas, and Short. "Nay" Christie. on Ordinane There being five RAyes" and only one "Nay", the Mayor declared the motion passed. No. 131 . There being no further business, Alderman Short moved to adjourn. The motion was seconded by Alderman Wheeler and passed unanimously, whereupon the Mayor declared the meeting adjourned. ATTEST: APPROVED:Atfos .. 1 GEORG J. AVIS, CITY CLERK GUY E. BROWN, MAYOR Public h a referen petition. for Ordi No. 1314, 16-62 Planni Committee study que pro£essio. assistant City Plan in The City Council of Fayetteville, Arkansas, met in regular session on Wednesday, October 10, 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, and Aldermen: Heflin, Christie, Standley, Wheeler, Thomas, Burgin, Faucette, and Short. Absent: Fire Chief Burl Skelton, The minutes of the regular meeting on Monday September 24, 1962, and of the special session on Wednesday, October 3, 1962, copies of which had previously been mailed 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 signed on by 85 legal voters within the corporate limits of the City of Fayetteville requesting a Special Election referring Fayetteville City Ordinance No. 1314, Passed and Approved August 27, 1962, to the legal voters of the City of Fayetteville for a vote of approval or rejection.by The City Clerk reported that he had examined the petition and that it appears to be in the proper form and manner required by law and to contain a sufficient number of signatures to refer Ordinance No. 1314 to a vote of the people. The City Clerk further reported that in the last Mayor's General Election there were 123 votes cast in the City and that only 15% of that number was required for a referendum petition. He certified 85 legal signers on this petition. Attorney E. J. Ball, representing the Evelyn Hills Shopping Center, Inc., appeared before the Council and stated that, in his opinion, Ordinance No. 1314 was an Administrative Act of the Council and not a Legislative Act, therefore was not subject to a referendum vote. After a long discussion, the Mayor requested the City Attorney and Alderman Ellis Burgin to callethee Attorney General of the State of Arkansas for his opinion as to whether the Ordinance was Legislative or Administrative before setting a date for a special election. The City Clerk read a resolution from the City Planning Commission requesting authority to hold a public hearing to rezone the Wiggins Memorial Church property. Alderman Short moved to adopt a resolution granting authority to the City Planning Commission as requeste The motion was seconded by Alderman Thomas and passed unanimously. RESOLUTION 16T62 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITYYOF FAYETTEVILLE, ARKANSAS: That tte City Planning Commission of the City of Fayetteville, Arkansas is hereby authorized to hold a public hearing to study the rezoning of Wiggins Memorial Church Property on West Sixth Street from R-2 Two -Family Residential District to P-lA Special Church District. PASSED AND APPROVED this 10th day of October., 1962. ATTEST: APPROVED: GEORGE VIS, CITY CLERK GUY E. BROWN, 14AYOR The City Clerk read a resolution from the City Planning Commission requesting the Council to consider of employing outside help for City Planning. After a brief discussion, Alderman Short moved to refer this to the Planning Committee for study as to of the feasibility of such planning and an estimate of the planning cost. The motion was seconded by Alderman Christie and passed unanimously. r- 1"72 I in ndment JAlderman Short explained the proposed Amendment No. 50 to the Constitution of the State of Arkansas 50 and recommended that the Council approve the Amendment. lained. After a long discussion, Alderman Burgin moved that the Council go on record as approving the passage of Amendment No. 50 tb the Constitution of the State of Arkansas. ncil The motion was seconded by Alderman Short'.andapassed unanimously, oved dment 50. The City Attorney presented a petition by the City of Fayetteville to vacate and abandon an alley between Block 17 and 18 in the Jennings Addition to the City of Fayetteville, Arkansas, which is located on the ition to City Housing Project property. ate alley The City Attorney then read a proposed resolution setting forth the time, place, and purpose of a public ennings hearing on this petition. dition. Alderman Christie moved that the resolution be adopted. The motion was seconded by Alderman Short and passed unanimously, whereupon the Mayor declared the Resolution adopted. olution 17-62 RESOLUTION 17-62 WHEREAS, it appears that the petitioner, the City of Fayetteville Arkansas, to abandon and vacate a 6ity alley located betweep Block 17 and 18 in the Jennings Addition to the of Fayetteville, Arkansas, was duly filed with the City Clerk of the City of Fayetteville, Arkansas, on the 10th day of October, 1962; ad WHEREAS, it appears that this is the next regular meeting of the City Council following the filing o said petition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL CF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the 22nd day of October, 1962, at 7:30 o'clock P.M., in the Council Room of the Cit A5ministration Building, be and the same is hereby fixed as the time and place for the hearing upon said petition. Section 2. That the City Clerk of the City ofFayetteville, Arkansas, be and he is hereby directed tol give notice of such hearing to all interested persons by publication thereof once a week for two consecut#ve weeks in the Northwest Arkansas Times, a newspaper published in Washington County, Arkansas, and having al general circulation in the City of Fayetteville, Arkansas. PASSED AND APPROVED THIS 10th day of October, 1962. APPROVED: ATTEST: &d et -2 2Z�� GUY E. BROWN, MAYOR GEORGF/J,6BAVIS, CITY CLERK There being no further business, Alderman Short moved to adjourn. The motion was seconded by Alderman Christie and passed unanimously, whereupon the Mayor declared the meeting adjourned. gAPPROVED:---- ATTEST: ��// ^- ' gCSs tfz= goo GUY E. OWN, GEORG e AVIS, CITY CLERK he City Council of Fayetteville, Arkansas, met in regular session on Monday, October 22, 1962,at 7:30 P. resent: Mayor Guy E. Brown, City Clerk George J. Davis, City Controller Albert J. Jones, City Attorney ass Trumbo, City Engineer W. C. Smith, Chief of Police Hollis Spencer, and Aldermen: Heflin, Christie, tandley, Wheeler, Thomas, Burgin, Faucette, and Short. bsent: Fire Chief Burl Skelton. The minutes of the regular meeting on Wednesday, October 10, 1962, a copy of which had been mailed to each f the Aldermen,were approved as written, .ic hear - to vacate The Mayor reported this was the date, time, and place set for a public hearing on the petition of the City y in to vacate and abandon an alley in the Jenning's Addition to the City of Fayetteville, Arkansas, said alley iings being located across the City Housing Project property, and that all persons objecting would be heard at this time. .tion. The City Clerk reported that the notice of the public hearing had been published in the Northwest Arkansas Imes, a daily newspaper published in Washington County, Arkansas, and having a general circulation within he City of Fayetteville, Arkansas, and that he had caused an Abstractor's Certificate showing the owners f Record to be attached to the petition prior to the date set'for the public hearing. bdinance There being no objections, the City Attorney introduced and at the request of the Council read a proposed 1322 ordinance in its entirety entitled, "AN ORDINANCE VACATING AND ABANDONING AN ALLEY LOCATED1BETWEEN BLOCK 1 AND 18 IN THE JENNINGS ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS". Alderman Burgin moved that the Ordinance be passed. The motion was seconded by Alderman Faucette and passe unanimously, whereupon the Mayor declared the Ordinance passed. ORDINANCE N0, 1322 ORDINANCE VACATING AND ABANDONING AN ALLEY LOCATED BETWEEN BLOCK 17 AND 18 IN THE JENNINGS ADDI'IQN TO Y OF FAYETTEVILLE, ARKANSAS. 1. WHEREAS, a petition was duly filed with the City Council of the City of Fayetteville, Arkansas, on t day of October, 1962, asking the City Council to vacate and abandon an alley located between Block 1 18 of the Jennings Addition to the City of Fayetteville, Arkansas, and WHEREAS, after due notices as required by law, the Council has, at the time and place mentioned in the ice, heard all persons desiring to be heard on the question and has ascertained that the alley hereinab ve cribed, has heretofore been dedicated to the public use as an alley, has not been actually used by the lie generally for aperiod of at least five years subsequent to the filing of the plat; that all the ere of the property abutting upon the alley to be vacated have filed with the Council their written consent such abandonment; and that public interest and welfare will not be adversely affected by the abandonment such alley. 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, her with the rights of the public genebally, in and to the alley designated as follows: An alley located between Block 17 and 18 in the Jennings Addition to the City of Fayetteville, Arkans S.