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HomeMy WebLinkAbout1962-10-22 MinutesAmendment Alderman Short explained the proposed Amendment No. 50 to the Constitution of the State of Arkansas No. 50 and recommended that the Council approve the Amendment. ex)lained. After a long discussion, Alderman Burgin moved that the Council go on record as approving the passage of IIan Amendment No. 50 tb the Constitution of the State of Arkansas. Co cil The motion was seconded by Alderman Short'anda.passed unanimously. appoved Ame 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 6n the Pe ition to City Housing Project property. va ate alley The City Attorney then read a proposed resolution setting forth the time, place, and purpose of a public in Jennings hearing on this petition. Adition. 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. 17-62 is hear - to vacate v in tion 1322 RESOLUTION 17-62 WHEREAS, it appears that the petitioner, the City of Fayetteville, Arkansas, to abandon and vacate a alley located between Block 17 and 18 in the Jennings Addition to the City of Fayetteville, Arkansas, was duly filed with the City Clerk of the City of Fayetteville, Arkansas, on the 10th day of October, 1962; a WHEREAS, it appears that this is the next regular meeting of the City Council following the filing 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 F.M., in the Council Room of the City Alministration 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 consecutive weeks in the Northwest Arkansas Times, a newspaper published in Washington County, Arkansas, and having a general circulation in the City of Fayetteville, Arkansas, PASSED AND APPROVED THIS 10th day of October, 1962. APPROVED: ATTEST: GEORGE/J*ZZAVIS, CITY CLERK I 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. �� 7 APPROVE �4, D: I ATTEST: !A2 / f GUY E. OWN, MAYOR GEORG10,MVISI 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 *. C. Smith, Chief of Police Hollis Spencer, and Aldermen: Heflin, Christie, tandley, Wheeler, Thomas, Burgin, Faucette, and Short. bsent: Fire Chief Burl Skelton, minutes of the regular meeting on Wednesday, October 10, 1962, a copy of which had been mailed to ea the Aldermen,were approved as writtent e Mayor reported this was the date, time, and place set for a public hearing on the petition of the Cit; vacate and abandon an alley in the Jenning's Addition to the City of Fayetteville, Arkansas, said alle, ing located across the City Housing Project property, and that all persons objecting would be heard at e City Clerk reported that the notice of the public hearing had been published in the Northwest Arkansa mes, a daily newspaper published in Washington County, Arkansas, and having a general circulation withi: e City of Fayetteville, Arkansas, and that he had caused an Abstractor's Certificate showing the owners Record to be attached to the petition prior to the date set'for the public hearing. ere being no objections, the City Attorney introduced and at the request of the Council read a proposed dinance in its entirety entitled, "AN ORDINANCE VACATING AND ABANDONING AN ALLEY LOCATED,BETWEEN BLOCK D 18 IN THE JENNINGS ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS". derman Burgin moved that the Ordinance be passed. The motion was seconded by Alderman Faucette and pass 3nimously, whereupon the Mayor declared the Ordinance passed. ORDINANCE NO. 1322 ORDINANCE VACATING AND ABANDONING AN ALLEY LOCATED BETWEEN BLOCK 17 AND 18 IN THE JENNINGS ADDI�I.ON TO Y OF FAYETTEVILLE, ARKANSAS. 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 t otice, heard all persons desiring to be heard on the question and has ascertained that the alley hereina escribed, has heretofore been dedicated to the public use as an alley, has not been actually used by the ublic generally for aperiod of at least five years subsequent to the filing of.the plat; that all the wnere of the property abutting upon the alley to be vacated have filed with the Council their written co o such abandonment; and that public interest and welfare will not be adversely affected by the abandonme f 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 genetally, 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, Arkansas. time. 1'73 Ordinance No. 1322 (Continued Section 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, nd publication. PASSED AND APPROVED THIS 22nd day of 0@t6ber, 1962. APPROVED: ATTEST: lywx^ G�tN GUY F. BROWN, MAYOR GEOR E J /OAVIS, CITY CLERK e City Attorney read a proposed resolution for a special election on a Referendum vote on City Ordinance WHEREAS, on the 20th day of September, 1962, there was filed with the City Clerk of the City of teville, Arkansas, a petition requesting a referendum election on Ordinance No. 1314 of the City of teville, Arkansas; said ordinance having been passed by the City Council of the City of Fayetteville, teas, on the 27th day of August, 1962, and WHEREAS, said petitions have been certified to the City Council by the City Clerk as containing the uisite number of signatures to call for a referendum election pursuant to the Constitution of the Sta Arkansas, and WHEREAS, the City published its notice setting a date for a special meeting of the City Council on day of October, 1962, to determine the sufficiency of said petitions, pursuant to the Constitution State of Arkansas, and Ordinance Number 588 of the City of Fayetteville, Arkansas, and WHEREAS, at the special council meeting held on the 10th day of October, 1962, the Council determii the petitions are in the proper order and contain the signatures of more than 15% of the number of ns voting for the office of Mayor in the last general election held for said office in the City of teville, Arkansas, and WHEREAS, the Constitution of the State of Arkansas, requires that an election be held referring to a of the people, whether or not said Ordinance Number 1314 shall pass, and Ordinance Number 588 ring that a special election be called by the City under these circumstances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the petitions filed with the City of Fayetteville, Arkansas, for a referendum electio , and the same are hereby found to be in substantial compliance with the Constitution of the State o£ ansas, and the laws of the City of Fayetteville, Arkansas, and are round to contain sufficient number signatures of qualified electors in the City of Fayetteville, Arkansas, to mandate a special election. SECTION 2. That a special election be and the same is -hereby called to ascertain whether or not inance No. 1314 shall be affirmed or repealed. That said special election shall be held on the 20th November, 1962. (Tuesday) SECTION 3. That the City Clerk of the City of Fayetteville, Arkansas, is hereby directed to certify the County of WAshington election board, the following proposed ballot form for the said referendum ction, to -wit: AN ORDINANCE TO REZONE CERTAIN REAL 10. 1314.4:: Resoluti n Ilderman Burgin moved that the resolution be adopted and that the date of the special election be on 18-62 ruesday, November 20, 1962. he motion was seconded by Alderman Thomas and upon roll call the following,vote was recorded, "Aye" Special Election 'eflin, Christie, Standley, Wheeler, Thomas, Burgin, and Foucette. for Referen•um. 'Nay" Short. here being seven "Ayes" and only one "Nay", the Mayor declared the Resolution adopted. RESOLUTION 18-62 WHEREAS, on the 20th day of September, 1962, there was filed with the City Clerk of the City of teville, Arkansas, a petition requesting a referendum election on Ordinance No. 1314 of the City of teville, Arkansas; said ordinance having been passed by the City Council of the City of Fayetteville, teas, on the 27th day of August, 1962, and WHEREAS, said petitions have been certified to the City Council by the City Clerk as containing the uisite number of signatures to call for a referendum election pursuant to the Constitution of the Sta Arkansas, and WHEREAS, the City published its notice setting a date for a special meeting of the City Council on day of October, 1962, to determine the sufficiency of said petitions, pursuant to the Constitution State of Arkansas, and Ordinance Number 588 of the City of Fayetteville, Arkansas, and WHEREAS, at the special council meeting held on the 10th day of October, 1962, the Council determii the petitions are in the proper order and contain the signatures of more than 15% of the number of ns voting for the office of Mayor in the last general election held for said office in the City of teville, Arkansas, and WHEREAS, the Constitution of the State of Arkansas, requires that an election be held referring to a of the people, whether or not said Ordinance Number 1314 shall pass, and Ordinance Number 588 ring that a special election be called by the City under these circumstances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the petitions filed with the City of Fayetteville, Arkansas, for a referendum electio , and the same are hereby found to be in substantial compliance with the Constitution of the State o£ ansas, and the laws of the City of Fayetteville, Arkansas, and are round to contain sufficient number signatures of qualified electors in the City of Fayetteville, Arkansas, to mandate a special election. SECTION 2. That a special election be and the same is -hereby called to ascertain whether or not inance No. 1314 shall be affirmed or repealed. That said special election shall be held on the 20th November, 1962. (Tuesday) SECTION 3. That the City Clerk of the City of Fayetteville, Arkansas, is hereby directed to certify the County of WAshington election board, the following proposed ballot form for the said referendum ction, to -wit: AN ORDINANCE TO REZONE CERTAIN REAL ESTATE ADJOINING THE EVELYN HILLS SHOPPING CENTER, FROM R-lA E FAMILY RESIDENTIAL DISTRICT TO C-3 THOROUGHFARE COMMERCIAL DISTRICT. ORDINANCE NO, 1314 For Ordinance No. 1314 �l Against Ordinance No. 1314 .......................... PASSED AND APPROVED THIS 22nd day of October, 1962. APPROVED: GUY E. BROWN, MAYOR -GEORGEQ. BIMS, CITY CLERK TAX Levy Cor Alderman Short reported that it was necessary that the 1962 Property Tax Levy be.made at this time in 1962, order to clarify the proposed bond program. Alderman Short then moved that the tax levy for 1962 be and the same is hereby set at 14 mills and that the distribution of the 14 mill levy be made at the first regular council meeting following the general election on Tuesday, November 6, 1962, The motion was seconded by Alderman Faucette and passed unanimously. The City Clerk read two letters, one from the Ozarks Electric Corporation and one from the Southwestern Letters re d from fElectric Power Co. offering to purchase approximately 31 miles of power line running from the City Limits the power oiApanies to Lake Sequoyah and owned by the City of Fayetteville. read. No action was taken at this time. IM Ci IU readver- 3e for 3 on r Housing 3t of Hiway �. 71 e of ver of . 1323 e Mayor reported that a question had been raised as to the legality of trading the City Housing Propert; ing west of U.S. Highway No. 71 for a lot at the Southeast corner of the intersection of Church Avenue d Rock Street since the property was advertised for sale only. e City Attorney advised that the City property be readvertised for either sale or trade. derman Faucette moved to reject all bids which had been received on the City property at the Southeast rner of the intersection of Church Avenue and South Street and located west of U. S. Highway No. 71 and at the Mayor be authorized to readvertise this particular property for sale or exchange with no bid bon e motion was seconded by Alderman Heflin and passed unanimously, e being no further business, Alderman Heflin moved to adjourn. The motion was seconded by Alderman passed unanimously, whereupon the Mayor declared the meeting adjourned. . APPROVED: ITTEST: C GEORG J.A.,&VIS, CITY CLERK , The City Council of Fayetteville, Arkansas, met in special session on Wednesday, November 7, 1962, at the Mountain.Inn Motor Lodge at 12:00 Noon. 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, Wheeler, Burgin, Faucette, and Short. Absent: Aldermen Standley and Thomas. The Mayor reported that the purpose of the meeting was to discuss and pass an ordinance decreasing the water rates to Industrial Users and to take some action on recommendations of the Planning Commission and that all members of the Council had been notified by U. S. Mail and by telephone but Alderman Standley was out of the City and Alderman Thomas could not attend because of business reasons; however both had waived notice of the meeting. WAIVER OF NOTICE OF SPECIAL MEETING Comes now the undersigned, being duly elected, qualified, and acting members of the City Council of the City of Fayetteville, Arkansas, and specifically waives notice of a special meeting of the Fayettevih City Council to be held at the Mountain Inn Motor Lodge at 12:00 o'clock Noon, on November 7, 1962. Dated this 7th day of November, 1962. 2 Alderman Wheeler introduced a proposed ordinance which was read in its entirety for the first time by the City Attorney entitled, "AN ORDINANCE AMENDING ORDINANCE NO. ll65, PASSED AND APPROVED APRIL 18, 1958, ( WHICH ESTABLISHED WAILER RATES, ETC.) AND MORE SPECIFICALLY PROVIDED AN INDUSTRIAL WATER RATE FOR THE CI OF FAYETTEVILLE) ARKANSAS". Alderman Wheeler moved that the rule be suspended and the ordinance placed on the second reading. The motion was seconded by Alderman Christie and passed unanimously. The ordinance was then read for the second time. Alderman Burgin then moved that the rules be further suspendkd and that the orolinance be placed on the th and final reading. The motion was seconded by Alderman Heflin and passed unanimously. The ordinance was then read for the third and last time. The Mayor then declared the ordinance open for discussion. There being no further discussion, the Mayor asked the question,"Shall the Ordinance pass?" Upon roll call the following vote was recorded, "Aye" Heflin, Christie, Wheeler, Burgin, and FAucette. "Nay" Short. There being five "Ayes" and atW "Nays", the Mayor declared the Ordinance passed. Alderman Burgin then moved that the emergency clause be adopted. The motion was seconded by Alderman Whee and upon roll call the following vote was recorded, "Aye" Heflin, Christie, Wheeler, Burgin, Faucette, an Short. "Nay" None. There being six "Ayes" and no "Nays", the Mayor declared the emergency clause adopted. ORDINANCE N0. 1323, AN ORDINANCE AMENDING .ORDII4ANCE NO. 1165, PASSED AND APPROVED APRIL; 18, 1958,( WHICH ESTABLISHED WATER RATES, ETC.) AND MORE SPECIFICALLY PROVIDED AN INDUSTRIAL WATER RATE FOR THE CITY OF FAYETTEVILLE, ARKA. WHEREAS, Ordinance No. 1165, Passed and Approved April 18, 1958, provides that bhe City water rates contained therein, may be reduced, if an independent certified public accountant will certify that the Ci has fulfilled certain requirements found in Section 5 of Ordinance No. 1165, and WHEREAS, the firm of Myers, Scarbrough and Baker, independent certified public accountants, have on the lith of June, 1962, certified that the City has fulfilled said requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTIOI4 1. That Section 1 of Ordinance No. 1165, Passed and Approved April 18, 1958, Monthly Water Rates (SCHEDULE A) is hereby amended to read as follows, to -wit: Treated Water Rates(Schedule A The water usage of each customer shall be determined each month by meter measurement and the amount PC be paid for water usage by each customer shall be computed on the basis of the following schedule of rates: For the first 1000 gallons of water consumption per month or portion thereof For the next 29,000 gallons of water consumption per month For the next 270,000 " " 1' If It If ---- $1.65 --------------- .75 per 1000 gallons. ------------------0.55 per 1000 gallons. ,