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HomeMy WebLinkAbout1962-12-10 Minutes183 - The City Council of Fayetteville, Arkansas, met in regular session on Monday, December 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, and Aldermen: Heflin, Christie, Wheeler, Thomas, Burgin, Faucette, and Short. Absent: Alderman Earnest Standley, Chief of Police Hollis Spencer, and Fire Chief Burl Skelton. The minutes of the special meeting on Monday, November 26, 1962, the regular meeting on Monday, November 26, 1962, and of the special meeting on Tuesday, December 4, 1962, a copy of which had been furnished to each of the Aldermen, were approved as written. AN ORDINANCE CHANGING THE NAME OF A STREET WITHIN THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, ARKANSAS. WHEREAS, it is desirable to rename a certain street within the corporate limits of the City of Fayetteville, Arkansas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the name of the following "street", located in the Northridge Addition to the City of Fayetteville, Arkansas, shall be changed as follows: Sample Street to Windy Hill Street. SECTION 2. That this ordinance shall be in force and effect from and after its passage, approval, and publication. PASSED AND APPROVED this 10th day of December, 1962. APPROVED: ------n� ATTEST: o GUY E. BROWN,�14AYOR G20RGE 'dIS, CITY CLERK RaiseM icipal Alderman Short reported that the last Legislature of Arkansas passed an act whereby the salary of the Judge's s lary I✓unicipal Judge in the cities of the First Class could be a maximum of $7,200.00 per annum. Alderman Short then moved that thesalary of the Municipal Judge of Fayetteville be raised $50.00 per month or $o a total salary of $6,600.00 per annum retroactive to January 1, 1962. The motion was seconded by Alderman Burgin and passed unanimously. Authorize The Mayor reported that this was the date, time, and place set for a public hearing on the petition of Public hearing P. H. Burnett and Dolores Burnett, husband and wife, and Russell Howard and Vera P. Howard, husband and to vacate inancial wife, to vacate and abandon that portion of Farmington Street lying south of Highway No. 62 and west of Farmingt n St. Beechwood Avenue. Municipal ourt The City Clerk reported that he had caused notice of the public hearing to be published in the Northwest & Polic Dept. Arkansas Times, a --newspaper published in Washington County Arkansas and having a general circulation in the City of Fayetteville, once a week for two consecutive weeks and that he had caused an Abstractor's Xmas Boni s. Certificate of Title showing the Record Owners of the real estate abutting upon said street. He further reported that he had a letter from each of the utilities companies stating they had no object- ions to the vacating of said street provided an easement was granted for maintaining the utility lines. There being no objection from any person present.: the City Attorney introduced and read a proposed ordinance entitled, "AN ORDINANCE VACATING AND ABANDONING A PART OF FARMINGTON STREET WHICH IS SOUTH OF Nest meeting HIGHWAY N0. 62 AND WEST OF BEECHWOOD AVENUE IN THE CITY OF FAYETTEVILLE, ARKANSAS". Ordinance to Alderman Burgin moved that the rule be suspended and that the ordihance be placed on its sedond reading. vacate st eet The motion was seconded by Alderman Heflin and passed unanimously, left on second The ordinance was then read for the second time. reading. After a long discussion, the ordinance was left on the second reading. Furchase f The City Attorney then read a proposed ordinance for the second time which had been left on the first Ordinance No. reading at the regulai meeting on November 26, 1962, entitled, "AN ORDINANCE CHANGING THE NAME OF A STREE 1325 WITHIN THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, ARKANSAS". Changing name of Alderman Thomas moved that the rule be suspended and the ordinance placed on the third and final 'reading. street. The motion was seconded by Alderman Christie and passed unanimously. The ordinance was then read for the third and last time. The iviayor 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, Burgin, Faucette and Short. Nay, None. There being seven."A,yes" and no "Nays", the Maya- declared the ordinance passed. ORDINANCE NO. 1325 AN ORDINANCE CHANGING THE NAME OF A STREET WITHIN THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, ARKANSAS. WHEREAS, it is desirable to rename a certain street within the corporate limits of the City of Fayetteville, Arkansas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the name of the following "street", located in the Northridge Addition to the City of Fayetteville, Arkansas, shall be changed as follows: Sample Street to Windy Hill Street. SECTION 2. That this ordinance shall be in force and effect from and after its passage, approval, and publication. PASSED AND APPROVED this 10th day of December, 1962. APPROVED: ------n� ATTEST: o GUY E. BROWN,�14AYOR G20RGE 'dIS, CITY CLERK RaiseM icipal Alderman Short reported that the last Legislature of Arkansas passed an act whereby the salary of the Judge's s lary I✓unicipal Judge in the cities of the First Class could be a maximum of $7,200.00 per annum. Alderman Short then moved that thesalary of the Municipal Judge of Fayetteville be raised $50.00 per month or $o a total salary of $6,600.00 per annum retroactive to January 1, 1962. The motion was seconded by Alderman Burgin and passed unanimously. Authorize Alderman Short then moved that the City Controller be and he is hereby directed to review the financial City Contr ller records of the Municipal Court and the Police Department and report his recommendations to the City to review inancial Council. records of The motion was seconded by AldermanBurgin and passed unanimously. Municipal ourt & Polic Dept. Alderman Short further reported that it had been the custom of the City to give a Christmas Bonus to each of the regularly employed City Employees. Xmas Boni s. Alderman Short then moved that each employee working for the City the past twelve months or longer be given a Christmas Bonus of $25.00 and that all employees working less than twelve months be given a Christma$ bonus of $10.00 The motion was seconded by Alderman Thomas and passed unanimously. Nest meeting The Mayor reported that the next regular meeting night would-be on Christmas Eve and he -believed it best on Be(. 17 to change the date of that meeting. Alderman Thomas then moved that the next regular meeting of the Council be held on Monday, December 17, 1962. The motion was seconded by Alderman Burgin and passed unanimously. Furchase f Alderman Short reported that the City held an option to purchase the property of Mrs. H. 0. Davis located H. 0. Davi at the Northeast corner of the intersection of Church Avenue and Rock Street for the sum of $25,000.00 property. and that she wished to sell at this time in order to make a purchase of another house. Alderman Short further reported that she had requested a down payment of $2,000.00 with the balance to be paid within 60 days. Ptjrchase of H. Davis to tee. nance 1326 ). 1327 Alderman Short then moved that the City exercise the option on Mrs. H. 0. Davis's property located at the Northeast corner of the intersection of Church Avenue and Rock Street and purchase the property for the total sum of Twenty Five Thousand($25,000.00) Dollars with a payment of Two Thousand ($2,000.00) Dollars down and the balance within Sixty(60) days and that the Mayor and City Clerk be and they are hereby authorized to execute all necessary papers to comElete the sale and that the City Clerk be further authorized"to furnish Mrs. Davis a notice of the ity's intent to exercise the option. The motion was seconded by Alderman Thomas and passed unanimously. The Building Inspector reported that I•Ir. F. F. Nonnamaker had requested a Building Permit for a building which did not meet all the requirements of the Subdivision Regulations Ordinance, therefore he could not issue the Permit without Council approval. After.a long discussion, tfiisrwas referred to the Planning Committee. The Building Inspector further reported that a Mr. Millheisler owned some property on South Highway No. 7 which was located in two different Zones and he had requested that it all be placed in one Zone which is C-2 Thoroughfare Comaercial Zone. After a lengthy discussion, the City Attorney introduced and at the request of the Council read in its entirety, a proposed ordinance entitled, "Ail ORDINANCE AMaENDING ZONING ORDINANCE NO. 1239 AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED MAY 28, 1962, TO REZONE CERTAIN REAL ESTATE FROM I-2 HEAVY INDUSTRIAL DISTRICT TO C-2 THOROUGHFARE COMMERCIAL DISTRICT". Alderman Burgin moved that the rule be suspended and the ordinance placed on the second reading. The motion was seconded by Alderman Wheeler and passed unanimously. The ordinance was then read for the second time. Alderman Thomas then moved that the rule be further suspended and the ordinance placed on the third and final reading. The motion was seconded by Alderman Wheeler and passed unanimously. The ordinance was thenread 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, Burgin, Faucette and Short. "Nay" None. There being seven "Ayes" and no "Nays", the Mayor declared the Ordinance passed. ORDINANCE NO. 1326 ORDINANCE AMENDING ZONING ORDINANCE NO, 1239 AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS ROVED MAY 28, 1562, TO REZONE CERTAIN REAL ESTATE FROM I-2 HEAVY INDUSTRIAL DISTRICT TO C-2 THOROUGH - E COMMERCIAL DISTRICT. WHEREAS, a public hearing was held before the Planning Commission of the City of Fayetteville, Arkan on November 20, 1962, on the petition of C. E. Mi.lheisler, requesting that said Planning Commission recom mend to the City Council of the City of Fayetteville, Arkansas, that said City Council enact an ordinance rezoning the west part of the following described property which is not already zoned C-2 Thoroughfare Commercial, to -wit: Part of the Southwest Quarter of the Southeast Quarter of Section 21, Township 16 Nor Range 30 West, and being more particularly described as beginning at a point which is 110 feet East and 185 feet North of the Southwest corner of tie above described 40 acre tract; thence North 80 feet, thence South 830 45' East 368.9 feet to tie West line of the right-of-way of U. 9. Highway No. 71, thence South 110 32' West with the West line of said right-of-way 100 feet and thence North 80028' West 351.6 feet to the place of beginning, from I-2 Heavy Industrial District to C-2 Thoroughfare Commercial District, and WHEREAS, notice of said public hearing, setting forth the date, time, place and purposes of hearing, and location of property published in the Northwest Arkansas Times, a newspaper of general circulation in said City, more than 15 days prior to said public hearing, and WHEREAS, following said public hearing, said Planning Commission certified to the City Council of th City of Fayetteville, Arkansas, its recommendation that an ordinance be adopted rezoning the West part of the above described property not already zoned C-2 Thoroughfare Commercial District, from I-2 Heavy Industrial District to C-2 Thoroughfare Commercial District, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the West part of the above described property not already zoned C-2 Thoroughfare rcial District, which is presently zoned as I-2 Heavy Industrial District be, and the same is hereby ed to C42 Thoroughfare Commercial District. SECTION 2. That all ordinances or parts of ordinances in conflict herewith are hereby repealed, and his ordinance shall be in full force and effect from and after its passage, approval and publication. r, � PASSED AND APPROVED THIS 10th day of December, 1962, APPROVED: TTEST: /� e OC'LE�ft GUY E. BROWN, MAYOR GEO�. 99VIS, CITY CLERK he City Attorney then introduced and,at the request of the Council, read a proposed ordinance in its ntirety entitled, "AN ORDINANCE AMENDING ZONING ORDINANCE N0, 1239 AND REVISED ZONING DISTRICT MAP OF AYETTEVILLE, ARKANSAS, APPROVED MAY 282 1962, TO REZONE CERTAIN REAL ESTATE FROM R-2 TWO FAMILY RESIDal- IAL DISTRICT TO P-lA SPECIAL CHURCH DISTRICT". lderman Shortn moved that the rule be suspended and that the ordinance be placed on its second reading. he motion was seconded by Alderman Christie and passed unanimously. he ordinance was then read for the second time. lderman Thomas moved that the rule be further suspended and the ordinance placed on the third and final eading. The motion was seconded by Alderman Wheeler and passed unanimously. he ordinance was then read for the third and last time. he Mayor then declared the ordinance open for discussion. There being no discussion, the Mayor asked the uestion, "Shall the Ordinance pass"? pon roil call the following vote was recorded, "Aye" Heflin, Christie, Wheeler, Thomas, Burgin, Faucette nd Short. "Nay" None. here being seven "Ayes" and no "Nays", the Mayor declared the ordinance passed. Next Page. ORDINANCE N0, 1327 rM ORDINANCE 140, 1327 ORDINANCE AMENDING ZONING ORDINANCE NO. 1239 AND REVISED DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, ROVED MAY 28, 1962, TO REZONE CERTAIN REAL ESTATE FROM R-2 TWO-FAMILY RESIDENTIAL DISTRICT TO P-lA CIAL CHURCH DISTRICT. WHEREAS, a public hearing was held before the Planning Commission of the City of Fayetteville, Arkansas, on November 20, 1962, on the petition of Wigg Memorial Methodist Church, requesting that said Planning Commission recommend to the City Council of the CTt­y`o_f_Tayyettevi le, trkansas, that said City Council enact an ordinance rezoning the property located on all of Block 28 of Jenning3s Addition to the City of Fayetteville, and Lots 2 and 3 of Block 2, and the East Seventy-Five(75) feet of Lots 1 and 4 of Block 2 of Ferguson's Addition to the City of Fayetteville, Arkansas, from R-2 Two -Family Residential District to P -1A Special Church District, and WHEREAS, notice of said public hearing, setting forth the date, time, place and purposes of hearing, and location of property was published in the Northwest Arkansas Times, a newspaper of general circulatic in said City, more than 15 days prior to said public hearing, and WHEREAS, following said public hearing, said Planning Commission certified to the City Council of th City of Fayetteville, Arkansas, its recommendation that an ordinance be adopted rezoning the above descri property from R-2 Two -Family Residential District to P-lA Special Church District, NOW, THEREFORE, BE IT ORDAINED BY TTIE CITY COUNCIL OF THE CITY OF JAYETTEVILLE, ARKANSAS: SECTION 1. That the above described property presently zoned as R-2 Two -Family Residential District and the same is hereby rezoned to P-lA Special Church District, SECTION 2. That all ordinances or parts of ordinances in conflict herewith are hereby repealed,!and this ordinance shall be in full.forde and effect from and after its passage, approval, and publication. PASSED AND APPROVED THIS 10th day of December, 1962 APPROVED: ATTEST: o YX 2di4n� CyrE, BROWN, MAYOR FORGE IS, CITY CLERK Alderman Short moved that the City Attorney be authorized to prepare a supplemental Underwriting Agree - Supplemental ment for Off -Street Parking Lot No. 7 and that the Mayor and City Clerk be and they are hereby authorized Uriderwrit'ing to execute the Agreement. Agreement Themotion was seconded by Alderman Burgin and passed unanimously. SUPPLEMENT TO UNDERWRITING AGREEMENT THIS AGREEMENT, made and entered into on this 14th day of December, 1962, in the City of Fayetteville, nsas, by and between the City of Fayetteville, Arkansas, a municipal corporation, hereinafter known aI "City", and the Fayetteville Parking Association, Inc., hereinafter known as the "Association", THAT FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS, AND CONDITIONS HEREIN CONTAINED, TH nn PARTIES HERETO NNLTUALLY AGREE AS FOLOa:S: /?e_Terencp )Cofer G That the Underwriting Agreement, dated the 14th day of December, 1962, by and between the City and 4-0 f/,A,_-/j/ the Association, pertaining to the following described property, to -wit: /-Y//, Qac., /96�. Lot Numbered Seven(7) in Block Numbered Seventeen (17) in the original plat of the Town(now City) of e1pj ed/z; +!; he� Fayetteville, Arkansas, as designated upon the original plat thereof. //7 arroy Sea Underiu/i //)l� The East half of Lot Numbered Eight(8) in Block Numbered Seventeen(17) in the orginal plat of the �J Town(now City) of Fayetteville, including an undivided one-half of the East wall of the Bohe Buildin 009 re�/+t,. the center -line of which wall is the West line of the portion of the said lot hereby leased. f/a Heol 20,/96 The South half of Lot Numbered Ten(10) in Block Numbered Seventeen(17) in the original plat of the Town (now City) of Fayetteville. The North half of Lot Numbered Ten(10) in Block Numbered Seventeen (17) in the original plat of the Town (now City) of Fayetteville. is supplemented by the following provisions: 1. That all bills and charges incurred in the construction of vehicular parking facilities on the bove described property, will be turned over to and paid by the City. The Association hereby agrees to spay and reimburse the Uity for the payment of said bills and charges, together with any interest the ity may incur in procuring funds to pay such debts, with the method of payment to be as follows: The tots mount of money expended by the City for the construction of the vehicular parking on the above described roperty, including interest, shall be amortized over the period of the lease, as designated in the nderwriting Agreement above mentioned, and the Association agrees to make said payments to the City on he tenth day of each month. 2. That the above mentioned payments will in no way reduce or alter the obligation of the Association reimburse the City for the deficiency, if any, of the money required to pay the rent on said parking , over the parking meter receipts received from the operation of said lot. IN WITNESS WHEREOF, THE PARTIES hereto have caused the foregoing Supplement to the Underwriting ment to be executed on the date first above written. ATTEST: �ar.r GEORGEi ns , CITY CLERK WESLEY GORDEN, SECRETARY CITY OF FAYETTEVILLE, ARKANSAS A Municipal Corporation By NZ/Jd,A GUY E:tBROWN, MAYOR FAYETTEVILLE PARKING ASSOCIATION, INC. By CLINT WALDEN, PRESIDENT There being no further business, Alderman Burgin moved to adjourn. The motion was seconded by Alderman hristie and passed unanimously, whereupon the Mayor declared the meeting adjourned. � TTEST: APPROVED: � GEORGE IS, CITY.CLERK GUY WBROWN, MAYOR 11 The City Council 'of Fayetteville, Arkansas, met in regular session on Monday, December 17, 1962, at 7:30 .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, Fire Chief'Burl Skelton, and Aldermen: Heflin, Christie, Wheeler, Thomas, Burgin, Faucette, and Short. Absent: Alderman Earnest Standley and Chief of Police Hollis Spencer. The minutes of the regular meeting on Monday, December 10, 1962, a copy of which had previously been sent to each of the Aldermen; were approved as written. Purchase of The City Engineer reported that he'had received several bids to sell the City a welding machine and that welding iec6mmended the',purchase of the Chrysler V8 with a four-wheeletrailer from Hobart Bros., Troy,Ohio, ma(hine. for the total sum of $2,230.00 FOB Fayetteville, Arkansas. After a discussion.of the bids, Alderman Wheeler moved to accept the recommendation of the City Engineer and purchase the welding machine from Hobart Brow., Troy Ohio, for the total sum of $2,230.00 F.G.B. Fayetteville, Arkansas,.ane th,t The motion was seconded by Alderman Burgin and passed unanimously, ids on tition COPY OF THE BIDS had been t ing Attorney A. D. McAllister, Jr., appeared before the Council with a petition and a Court Order from the regular meeting of chine. FIRM on Monday, December 10, 1962, for AMPS ENGINE and last WEIGHT TOTAL COST WITH 4 WHEEL TRAILER Hobart Brothers Chrysler Troy, Ohio 600 V8 3175 lbs. $2,230.00 F. 0, Be Fayett vil Burnidge.Welding Co. 600 Hercules 2277 $2,355.00 F.O.Bii Pittsburg, Kansas. 6 cylinder Facto #y Lincoln welder) Westinghouse Co 450 Chrysler 1710 $23045.00 F.O.E St. Louis, Mo. 6 Cylinder Fayette Miller Welder 400 AC Onan 4Cylinder 1585 $21270.00 F.O.B Springfield, Mo. 300 AC 40 Hp FActor, P tition then read a proposed ordinance which had been t annex Attorney A. D. McAllister, Jr., appeared before the Council with a petition and a Court Order from the County Court of Washington'County, Arkansas,.annexing certain territory to the City of Fayetteville said Court territory being located contiguous to.and just north of the City Limits along Highway No. 112. Order of After a lo6g discussion, Alderman Thomas introduced a proposed ordinance which was read in its entirety Arnexation. by Attorney McAllister entitled, "AN ORDINANCE ACCEPTING TERRITORY ANNEXED TO THE CITY OF FAYETTEVILLE, ARKANSAS, BY ORDERS OF THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS, ASSIGNING SAID TERRITORY TO WARDS ANDFOR OTHER PURPOSES". No further action was taken at this time and the ordinance was left on its first reading. n 1st The City Attorney then read a proposed ordinance which had been left on the second reading at the last eading. regular meeting of the Council on Monday, December 10, 1962, for the third and last time and entitled, "AN ORDINANCE VACATING AND ABANDONING A PART OF FARMINGTON STREET) WHICH IS SOUTH OF HIGHWAY 140. 62 AND WEST OF BEECHWOOD AVENUE IN THE CITY OF FAYETTEVILLE, ARKANSAS". finance The Mayor then declared the ordinance open for discussion. There being no further discussion, the Mayor . asked the question, "Shall the Ordinance pass"? 28 Upon roll call the fallowing vote was recorded, "Aye" Heflin, Christie, 17heeler, Thomas, Burgin, Faucett and Short. "Nay" None. There being seven "Ayes" and no "Nays", the Mayor declared the Ordinance passed. ORDINANCE NO, 1328 AN ORDINANCE VACATING AND ABANDONING A PART OF FARMINGTON STREET, WHICH IS SOUTH OF HIGHWAY NO, 62 AND W OF BEECHWOOD AVENUE IN THE CITY OF FAYETTEVILLE, ARKANSAS. WHEREAS, a petition was duly filed with the City Council of the City of Fayetteville, Arkansas, on h day of November, 1962, asking the City Council to vacate and abandon part of Farmington Street, wh, South of Highway No. 62 and West of Beechwood Avenue, in 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 street herein efore described, has heretofore been dedicated to the public use as a street; has not been actually used y the public 'generally for a period of at least five years subsequent to the filing of the plat; that al he owners of the property abutting upon the street to be vacated have filed with the Council their writt onsent to such abandonment, and that public interest and welfare will not be adversely affected by the bandonment of such street. 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 together with the rights of the public generally, in and to the street designated as follows: A part of Farmington Street which is South of Highway No. 62 and West of Beechwood Avenue in the City of Fayettevil Arkansas, and reserving unto said City of Fayetteville, Arkansas, its successors and assigns an easement right-of-way on, over, under, and across the portion of said street hereby vacated for the purpose of constructing, installing, operating, laying and relaying, relocating, and maintaining all public utilitie locatedlor which may hereafter be located upon said vacated street by said City, or any corporation havin a franchise or right-of-way from said City, as a condition to the closing of said portion of Farmington Street, the City shall be held free and harmless from liability as to any claims of the abutting owners for damages to the property described herein, which may result from the City or other utility companies constructing, installing, operating, laying and relaying, relocating, and maintaining all public utilitie now located, or which may 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. rr.1*i