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HomeMy WebLinkAbout1963-09-09 Minutes{ 247 Contract 12. The City will furnish water from fire hydrants in the District for fighting fires and emergencies Cont'd. only, and that only qualified fire department or City Water Department personnel shall operate the fire hydrants on such occasions. This provision in no way obligated the City Fire Department to ans- wer fire calls or combat fires in the District's area. The City shall charge the District the es- tablished monthly fire hydrant service charge on all fire hydrants on the District's mains not within the corporate limits of the City, which charge may be subtracted frfim the rebates to the District on a quarterly basis. ' 13. When it becomes possible for the District to retire all bonds as set forth in paragraph 8 hereof, the District shall do so, and any monkes remaining in the bond and interest ibndt from whktever source received, shall be distributed kocording to law to those parties who contributed the same, in pro- portion to their contribution. This includes the City payments, either as annual assessments against the City's properties or're£unds for water sales, 14. Before the'City will make a service connection to the mains or laterals of the District, the District will furnish the City a written authorization signed'by one or more of the Commissioners of the Bistrict for all consumers *ithin the District's area. For consumers making connections to the District's mains or laterals outside the District's area, the District will furnish a copy of the contract with each such party to the City, which will be contrued as an authorization for the con- nection to be rade. Each meter is considered a separate service connection whether on the same ser- vice line or not. No authorization or contract is required for connections to mains or laterals cons- tructed outside the District's area by the City -in accordance'with Paragraph 10 above. 15. Failure big the District to comply with any or all the provisions of this Contract shall be suf- ficient justification for the City to stop all reimbursements to the'District and to refuse to make any additional service connections to the District's mains or•laterals. 16. When the Project Costs as defines hereinabove are paid in full and the bonds are fully retired, all right, title and interest to the water improvements of the District shall be conveyed to the City, and the Commissioners of the District hereby cotenant, for themsZives and their successors, to ex- ecute any further deeds, conveyances or other instruments which may be required to effect such trans2 far oft itle. 17. Any assessments levied against city owned propertied within the District and paid by the City shall be deducted in the form of a credit from the total rebates paid by the City to the District based on the intitial cost of the District's system as herein provided. IN WITNESS WF.EREOF, the parties hereto have signed the names of the partied to this Contract by ap. propriate action of the City Council of the City of Fayetteville, Arkansas, and the Board of Commis issioners of Fayetteville,Suburbkn Water Improvement District No. 7,.of Washington County, Arkansas, on the 26th day of August, 1963. CITY OF FAYETTEVILLE) ARKANSAS A Municipal Co poration By MA OR ATTEST: .n 1 CIVf CBERK ATTEST: All C( 44 CITY WATER SUPERINTENDENT ATTEST: ATTEST: CITY ATTORNEY FAYETTEVILLE SUBURUN WATER IMPROVEMENT DISTRICT N0. 7 Washington County, Arkansas SECRETARY By CHAIRMAN OF THE BOARD There being no further business, Alderman Heflin moved to adjourn. The motion was seconded by Alderman Watson and passed unanimously, whereupon the Mayor declared the meeting adjourned. APPROVED: y MAYOR GUY E. BROWN ATTEST: ' CITY C (GEORGE J. DAVIS The City Council met in regular session'on Monday September 9, 1963 at 7:30 p.m. in the Council Room of the City Administration''Building. 4. Present: Mayor Guy E. Brown, City Clerk George:J. Davis, City Controller Albert J. Jones, City Att- 'i orney'Bass TrumbooiiActing Chief of Police Elmo Ritchie, and Aldermen:.Heflin, Christte, Watson, Wheeler, Thomas,BBungin, Faucette, and Short. Absent:, Fire Chief Burl Skelton and City Engineer W.C. Smith. The minutes of the Regular meeting on August 26, 1963, a copy of which had been previously mailed to each ofthe Aldermen, were approved as written. The Building Inspector presented the petition of S & H Inc., to rezone the east part of their property on Hiway 71 and Township Road, the City Clerk read T.C. resolutions 1543 whereby the Planning Com- mission recommended the approval of the petition. After a brief discussion, the City Attorney introduced and at the request of the Council, read in its entirety, a proposed ordinance entitled "AN ORDINANCE AMENDING ZONING ORDINANCE N0.1239 AND ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED MAY 28, 1962 Rb REZONE CERTAIN REAL ESTATE FROM R -1A SINGLE FAMILY RESIDENTIAL DISTRICT TO C-2 THOROUGHFARE COMMERCIAL DISTRICT." Alderman Thomas moved that the Ordinance pass. The motion was seconded by Alderman Wheeler and gassed unanimously whereupon the Myor declared the Ordinance passed. Ordinance ORDINANCE NO. 1366 1366 AN ORDINANCE AMENDING ZONING ORDINANCE N0.1239 AMID ZONING DISTRICT MAP OF FAIVTEVILLE, ARKANSAS, APPROVED MAY 282 1962, TO REZONE CERTAIN REAL ESTATE FROM R -IA SINGLE FAMILY RESIDENTIAL DISTRICT TO C-2 THOROUGHFARE COMMERCIAL DISTRICT. WHEREAS; a public hearing was held b8fore the Planning Commission of the City. of Fayetteville, on August 27, 1963, on the.petition of S & H. Inc., requesting that the Planning Commission recommend to the City Council of the City of Fayetteville, Arkansas, that the City Council enact an ordinance to rezone from R -IA Single Family Resideniial District to C4 Thoroughfare Cormner&ial District all of that part of the following described real estate not heretofore zones as C-2 Thoroughfare Commercial District, to -wit: A part of the Southwest Quarter of Section 35, Township 17,North, Range 30 West, being des- cribed as follows: Beginning at a'point which is 20.5 feet North.and 759.5 feet West of theSouth- east corner of said Southw st Quarter, thence North 12020' Eat 318.8 feet' thence North 8936' East 170.9 feet, thence North 0&181 West 120 feet, thence North 891361 East 100.6 feet, thence North 0018' West 30 feet, thence North 89036' East 105.6 feet, thence South 00181 East 150 feet, thence North 890361 East 5 feet, thence Souttr 00181 East $14 feet, thence West 446.5 feet to the point of beginning. WHEREAS, notice of said public hearing, I setting forth the time, place andpurpose of hearing and location of the property sought to be rezoned was published in the Northwest Arkansas Times, a news- paper of general circulation in said city ;lore than 15 days prior to said public hearing, and WHEREAS, following said public hearing, said Planning Commission vertified tothe City Council of the City of F,,yetteville, Arkansas, its recommendation that an ordinance be adopted rezoning said above described regi estate from R -1A Single Family Residential District to Cr2, Thoroughfare Com- merical District, NOW, THEREFORE, BE IT ORDAINED.BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the fbllowing described real estate not hereto fore zoned as C4 Thoroughfabe Commercial District be and the same is hereby rezoned from R -1A Single Family Residential District to C-2, Thoroughfare Commercial District, to -wit: A part of the Southwest Quarter of Section 35, Township 17 North, Range 30 West, being des- cribed as follows: Beginriing at a point which is 20.5 feet North and 759.5 Peet West of the °outh- east corner of said Southwe�t Quarter, thence'North 12 201 East 318.8 feet, thence North 89 361 East 170.9 feet; thence North 08t 1 West 120 feet, thence North 890361 East 100 feet, thence North 00181 West 30 feet, thence North 89 36' East 105.6 feet, thence South 00181 East 150 feet, thence North 890361 East 5 feet, thence South 00181 East 314 feet, thence West 446.5 feet to the point of be- ginning. Section 2. That all ordinances.or parts of ordinances in conflict herewith are hereby repealed, and this action being necessary for the public health, peace, safety, order comfort and comven4knnee- within the City of Fayetteville, Arkansas, an emergency is hereby declared to exist and this ordinance shall be in full force and effect from and after is passage and approved. PASSED AND APPROVED this `7i-�"•3roay o , 1963. /� 7� APPROVED: go .�� . s• 0,CLERK The Building Inspector presented the petition of the Board of Trustees, Calvary Assembly's of God Church, Fayetteville,.Arkansas, to rezone their property located in the North part of the city, from R -1A Single Family Residential District to P -1A, Special Church District, approved by the Planning com. After a long discus§ion, during which the Council agreed that a fifty Boot street easement was nec- essary before the rezoning would take effect, the City Attorney introduced and at the request of the Council read a proposed ordinance in its entirety entitled, "AN ORDINANCE AMENDING ZONING -'ORDINANCE NO. 1239 AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS; APPROVED MAY 28, 19620 TO REZONE CERTAIN REAL ESTATE FROM 1R -1A SINGLE FAMILY RESIDENTIAL DISTRICT TO P -1A SPECIAL CHURCH DISTRICT." Alderman Chrisite moved that the ordinance pass. The motion was seconded by Alderman Heflin and passed hhdnimously whereupon the Mayor declared the Ordinance passed. Ordinance ORDINANCE N0. 1367 1367 AN ORDINANCE AMENDING ZONING ORDINANCE N0. 1239 AND REVISED ZONING DISTRICT MAP OF FAYEPTEVILLE, ARK* ANSAS, APPROVED MAY 28, 19622 TO REZONE CERTAIN REAL ESTATE FROM R-1A,SINGLERAHIDM-MLDENTIAL DIS- TRICT TO P -1A SPECIAL CHURCH DISTRICT. WHEREAS, a public hearing was held before the Planning Commission of the City of Fayetteville, Arkansas, on August 27,1963, on the petition of the Board of Trustees, CAlvary Assemblies of God ' - Church, requesting that said Planning Commission recommend to the City Council of the City of F,,yette- ville, Arkansas, that the City Council enact an ordinance rezonin& the following described property, to -wit: Part of the West half (Wj) of the Northwest Quarter (NW f of the Southwest Quarter (SW�) of Section Four (4), Township 16 North, Range 30 West, described as follows: Beginning at a point 670 feet South of the Northwest corner of said 20 acre tract; Ahdneenning"thence East 660 feet, thence South 320 feet; thence West 240 feet; thence North 105 feet; thence West 420 feet; thence North 215 feet to the Point of beginning, containing four and one-half (4j) acres, -more or less, from R -AA Single Family Residential District to P -M Special Church District. WHEREAS, dotice of said public hearing, setting forth the date, 'time, place and purposes of hearing, and location od property was published in•the Northwest Arkansas Times, a newspaper of 'gen- eral 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 Couhcil of the City of Fpyetteville, Arkansas, its recommendations that an 'ordinance be adopted rezoning the above-described property from R -1A Single Ramiiy Residential District'to P71A Special Church District; r RR , 1; NOW; THEREFORE, BE IT ORDAINEDBYTHE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the above descibed property presently zoned'as R-1A'Single Family Residential is District bad, and the same is hereby rezoned to P -1A Special Church District. -SSCTION'2. That alloordinances or parts of ordinances in conflict herewith are hereby re- pealed, and'this ordinance shall be in full force and effect from and after its passage, approval and publication. PASSED AND APPROVED THIS 9th DAY OF September, 1963. APPROVED: ATTEST: GUY EV BROWN9 MAYOR GEORGE 1. DAVIS, CITY CLERK PASSED AND APPROVED THIS 9th Day of September; 1963, APPROVED: ATTEST: GUY E. OWN, MAYOR GEORGE ZI WWS2 CITY CLERK �Q The Building Inspector presented a proposed easement for street purposes from Johnie and Ora V. Bassett, Casa husband and wife, for a street extnding from the end of Leland Avenue and Lonnie Avenue as shown on the plat of Sotth Sunny Acres Division to the City of F3getteville, Arkansas. After a brief discussion, the City Attorney introduced and at the request of the Council, read a pro- , posed ordinance in its entirety, entitled, "AN ORDINANCE ACCEPTING THE DEDICATION OF CERTAIN REAL ES STATE FCR STREET PURPOSES IN THE CITY OF FAYETTEVILLE, ARKANSAS." Alderman Thomas moved that the motion pass, and the motion was seconded by Watson and passed unanimously, ORDINANCE N0. 1369 Ord AN ORDINANCE ACCEPTING THE DEDICATION OF CERTAIN REAL ESTATE FOR STREET PURPOSES IN THE CITY OF FAY - l70 ETTEVILLE, ARKANSAS. BE IT ORDAINED BY THE CITY COUNCIL OFT HE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the City Council hereby accepts the dedication of the following described pro- perty fV0 street purposes, to wit: Authorize Alderman Short reported that the Motorola (two-way radio) which had been authorized for the Police Purchase Department, would cost more than originally planned. Motorola After a brief discussion, Alderman Short moved that the Mayor be and he is, hereby authcr ized to pur- chase a Motorola for the Police Department. The motion was seconded by Alderman Faucette and passed unanimously: The Building Inspector presented the petition of Roy. and Vera Quinn, husband and wife, to rezone some property on South Duncan Avenue, from R-2 Two Family Residential'District'to 0-1 Open Land District, The City Clerk read a resolution from the Planning Commission No. PC1643, whereby the Planning Com-. mission recommended the Council to rezone 46B property as requested. The City Attorney introduced and at the request of the Conncilip read in its entirety a proposed ordinance entitled, "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239 AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE$ ARKANSAS, APFROVED MAY 289 19622 TO REZONE CERTAIN REAL ESTATE FROM R-2 TWO FAMILY RESIDENTIAL DISTRICT TO 0-1 OPEN LAND DISTRICT." ' Alderman Heflin -moved that the Ordinance pass. The motion was seconded by Alderman Chrisite and passed unanimously whereupon the Njmr declared the Ordinance passed. ORDINANCE ORDINANCE NO, 1368 1368 AN ORDINANCE AMENDING ZONING ORDINANCE N0.4239 AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKA ANSAS, APPROVED, MAY 28, 1962, TO REZONE CERTAIN REAL ESTATE FROM R-2 TWO FAMILY RESIDENTIAL DISTRICT TO 0-1!OPEN LAND DISTRICT. WHEREAS, a public hearing was held before the Planning Commission of the City of F,yetteville, Arkansas, on August 27, 1963, on the petition of.Roy and Vera Guinn, husband and wife, requesting that said Planning Commission recommend to the.City Council of the City of Fayet.teville, Arkansas, that the City Council enact an ordinance rezoning the following described' property, to -wit: Part of the South- west Quarter of the Northwest Quarter of Section Twenty-one (21), Township Sixteen, (16) North of Range Thirty T630) West, more particularily descirtbed as follows: Beginning at a point which is 35 5/9 rods North of a point which is 20 feet North of the Southeast corner of said forty acre tract, running thence West Twenty-seven (27) rods; thence North One Hundred Twenty (120) feet to a point of beginning, con- taining 1.17 acres, more or less, from R-2 Two Family,Residential District to 0-1 Open Land District. WHEREAS, Notice of said public h=aring,?setting forth the date, time and place and purposes of hearing, and location of property was 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 Corm ission certified'to the City Council of the City of F,yetteville, Arkanaas, its recommendation that an ordinance be adopted rezoning the above-described property from R-2 Two Family Residential District to 0-1 Oren Land Distfttt NOWii THEREFCRE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the above described pro perty,presently zoned as R-2 Two Family Residential District be, and the same is hereby zoned to 0-1 0 en Land District. SECTION 2. That All ordinances or parts od ordinances in conflice herewith are hereby repealed, and this ordinance shall be in full force and effect from and after its passu, approval and pub- lication. PASSED AND APPROVED THIS 9th Day of September; 1963, APPROVED: ATTEST: GUY E. OWN, MAYOR GEORGE ZI WWS2 CITY CLERK �Q The Building Inspector presented a proposed easement for street purposes from Johnie and Ora V. Bassett, Casa husband and wife, for a street extnding from the end of Leland Avenue and Lonnie Avenue as shown on the plat of Sotth Sunny Acres Division to the City of F3getteville, Arkansas. After a brief discussion, the City Attorney introduced and at the request of the Council, read a pro- , posed ordinance in its entirety, entitled, "AN ORDINANCE ACCEPTING THE DEDICATION OF CERTAIN REAL ES STATE FCR STREET PURPOSES IN THE CITY OF FAYETTEVILLE, ARKANSAS." Alderman Thomas moved that the motion pass, and the motion was seconded by Watson and passed unanimously, ORDINANCE N0. 1369 Ord AN ORDINANCE ACCEPTING THE DEDICATION OF CERTAIN REAL ESTATE FOR STREET PURPOSES IN THE CITY OF FAY - l70 ETTEVILLE, ARKANSAS. BE IT ORDAINED BY THE CITY COUNCIL OFT HE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the City Council hereby accepts the dedication of the following described pro- perty fV0 street purposes, to wit: 2DO Ord. Part of the South half (sJ) of the Northwest Quarter (NWS) of the Southmest Quarter (SWJ) of Section Cont. 'Eight (8), Township Sixteen (16) North, Range Thirty (30) West, described as beginning at a point three hundred and ten (310) feet North and four'hundred and eight (408) feet West .of the Southeast corner o thereof and running thence South Sixty (60) feet; thence West'fifty (50) feet; thence North Sixty (60) feet; thence East fifty (50) feet to the place of beginning;'and, beginning at a point three hundred and ten (310) feet North and one thousand two hundred and seventy (1270) feet West of the Southeast corner of said twenty acre tract and running thence South sixty (60) feet; thence West fifty (50) feet; thence North sixty (60) feet; thence East fifty (50) f6et to the place of beginning. Said parcels being sixty (60) foot extensions South from the end of Leland Avenue and Lonnie Avenue"as shown on the plat of South Sunny Acres Addition to the City of Fayetteville, Arkansas. SECTION 2. That this ordinance shall be An force and effect from and after its passage, approval and publication. PASSED AND APPROVED ON THIS 9th day of September, 1963. APPROVED: =10/ ATT ° GUY BRBROWN,, MAYOR AYOR EORGE JUD0119, CITY CLERK Building I The Building inspector reported that Mrs. J.T-. Carlton had requested a building permit on her property Permit located just North of the end of Cline Avenue, but he was unabl to issue thepermit,because of no\ for Mrs, platted street on front of her property. He further reported that the Planning Commission recomm ded J.T. that a building permit be•is_sued provided she would give a deed for a fifty(50) foot street to extend Carlton from the North end of Cline Avenue across to the railroad property right-of-way and a turn -around on the aldermen, were approved as written. the North end. After a brief discussion, Alderman Burgin moved tbshccppt the recommendation of the Planning Commission and that the Building Inspector be and he is.' hereby authorized to issue a building permit to Mrs. J.T. Carlton, provided she would give a deed for a fifty (50) foot street to extadd from the North end of Cline Avenue across to the railroad property right-of-way and a turn -around on the Nortji end. The motion was seconded by Alderman Thomas and passed unanimously. There being no further business, Alderman Heflin moved to adjourn. The motion was seconded by Alderman Watson and passed unanimously, whereupon the Mayor declared the meeting adjourned. APPROVED: = JJA ATTEST: ,. MAYOR GUY E. BROWN GEORGE J. VI , 'CITY CLERK., . f edit ppreved ater an d ewer Dept, 1963 ater and ewer Dept, adget 196$ The City Council met in regular session on Monday September 23, 1963 at 7:30 p.m. in the Council Room of the City Administration Building. Present: Mayor Guy E. Brown, City Clerk George J. Davis, City Controller Albert J. Jones, City Att- orney Bass Trumbo, City Engineer W.C. Smith, Acting Chief of Police Elmo Ritchie, MdeAEtlBeffieftrl Wltaq Christie, Watson, Wheeler, Thomas, Burgin, Faucette''and Short. Absent: Fire Chief Burl Skelton The minutes of the regular meeting on Monday September 9, 19639 a copy of which had previously been mailed to each of the aldermen, were approved as written. °Mr. A.P. Eason Jr., appeared before the Council in behalf of the Retail Merchants Parking Association, in regard to off-street parking facilities for t he merchants. He presented the recommendation of the Retail Merchants Parking Association with reference to leasing fifty or sixty parking meters on certain off-street parking lots at a rate of $6,00 per month for each meter, to be leased on a six months or one year basis. The Council held a long discussion but no further action was taken. Alderman Short moved that the Water and Sewer Department Audit for the fiscal year en ed yjull 31, 1963 prepared by Myers, Scarbrough, and Baker be accepted and filed. Themmotion was Seco a eflin and passed unanimously. Alderman Wheeler moved that the Water and Sewer Department budget for the fiscal year ending July 31, 196$ as summarized on page twelve of'the preliminary budget worksheets be adopted. The motion was seconded by Alderman Short and passed unanimously. There being no further business, Alderman Heflin moved to adjourn. The motion was seconded by Alderman Short and passed unanimous ly,'wherefnpon the Mayor declared the meeting adjourned. APPROVED: ATTEST: MAYOR GUTE, -BROWN -' EORG AVIS, CITY CLERK J