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Ordinance I WHEREAS, theliunstallation of automatic sprinUeresyst:ems is in some instances financially pro-
Cont.d hibitive due to the present monthly standby fire protection service charge, and
WHEREAS, Ordinance No; 1165; passed and approved April 18, 1958, as amended by Ordinance No. 1323,
passed and approved April 8, 1963, provide that rates and service charges may be reduced, if an inde-
pendent certified public accountant will certify that the City has fulfilled certain requirements found
in Section 5 of Ordinance No. 1165 and Section 4 of Resolution No. 7-63, and,
WHEREAS, the firm of Myers, Scarbrough and Baker, independent certified public accountants, have
on the third day od September,91963, certified that the city has fulfilled said requirements:
NCW, THEREFORE, BE IT DRDAINED BY THE CITY COUNCIL OF THF, CITY OF FAYETTEVILLE, ARKANSAS:
SECTION 1. That Section 1 of Ordinance No. 1165, passed and approved April 18, 1958, Monthly
Standby Fire Protection Service Charge (Schedule D) is hereby amended to read as follows, to -wit:
°Monthly Standby Fire Protection Service Charge (Schedule D)
Charges for unmetered service connections for standby fire protection shall be equal to fifty (50) per
cent of the meter service charge applicable to the standby line size."
SECTION 2. It is expressly provided that this Amendment to Ordinance No. 1165 does not haire any
effect on the monthly meter service charges, provided in the said Ordinance No. 1165,
SECTION 3. That all ordinances and resolutions and parts thereof in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 4. That because thetpassage of this ordinance is necessary for the preservation of the
public health, peace, and safety, and emergency is hereby declared to exist and this ordinance shall be
in full force and effect from and after its passage and approval.
PASSED AND APPROVED THIS 11th day of November, 1963.
• APPROVED:
GUY E. WN, MAYOR
ATTEST: �,
,GOiq (
GEORGE S, sCITY CLERK
There being no further business, Alderman Wheeler moved to adjourn.
The motion was seconded by Alderman Watson and passedUlanimously, whereupon the Mayor declared the
adjourned.
APPROVED:
GUY E. BR J, MAYOR
ATTEST:
Q&e. 20L��..
GEORGE J IS, CITY CLERK
Regular The City Council of Fayetteville, Arkansas, met in regular session on Monday, November 25, 1963, at
Session 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 Jones, City Attorney
Bass Trumbo, City Engineer W.C. Smith, Chief of Police Hollis Spencer, Fire Chief Burl Skelton and
Aldermen: Heflin, Christie, Watson, Wheeler, Thomas, Burgin, Faucette and Short.
Absent: None
1377
The minutes of
the r egular meeting on
Monday November 11,
1963
a copy of which had been previously
to each of the
Aldermen were approved
as.written.
The Building Inspector presented a resolution PC29-63 in which the Planning Commission recommended that
e Council accept the petition of B.E. House,. Anthony Latrecchia and Kenneth Cates to rezone certain pro-
perty located east of Highway ## 71 North and immediately South of Fisher Buick Company, from R -1A to
C-2.
After a brief discussion, the City Attorney introduced and at the request of the Council read a proposed
Ordinance in its entirety entitled, "AN ORDINANCE AMENDING ZONING OH.DINANCE NO, 1239 AND REVISED ZONING
DISTRICT MAP OF FAYE`TEVILLE, ARKANSAS, APPROVED MAY 28, 19623 TO REZONE CERTAIN REAL ESTATE FROM R -1A
SINGLE FAMILY RESIDENTIAL DISTRICT TO C-2 THROUGHFARE CONRER.CIAL DISTRICT."
Alderman Wheeler moved that the ordinance pass. The motion was seconded by Alderman Burgin.and passed
unanimously whereupon the Mayor declared the Ordinance pass.
ORDINANCE N0, 1377
AN ORDINANCE AMENDING ZONING ORDINANCE NO, 1239 AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARK-
ANSAS, APPROVED MAY 28, 1962, TO REZONE CERTAIN REAL ESTATE FROM R -1A SINGLE FAMILY RESIDENTIAL DISTRICT
TO C-2 THROUGHFARE COMMERICAL DISTRICT.
WHEREAS, a public hearing•was held before the Planning Commission of the City of Fayetteville,
Arkansas, on November 12, 1963, on the petition of B.t. House, Anthony Latrecchia, and Kenneth Cates,
requesting that said Planning Commission recommend to the City Council of the City of Fayetteville,
Arkansas, that the City Council enact an ordinance rezoning all the following described property, which
is not already zoned C-2 Throughfare Commerical District, to -wit:
Part of the Northwest fractional Quarter of Section 3, Township 16 North, Range 30 West, described
as: Beginning at a point 177.23 feet east of the Northwest corner of the East half of the Northwest
fractional Quarter -of said Section 3, thence East 109.55 feet; thence South 321.1 feet, thence 1 -lest 340
feet, more or less, totthe East line of U.S. Highway 71, thence North 11 degrees East with the East line
of said highway to a $pint 222.1 feet South of the North Line of said Northwest fractional Quarter, then,
East 193.05 feet, thence North Q degrees 25 minutes West 132.2 feet, thence East 18 feet, thence North
89.9 feet,to the point of beginning, containing 1.5 acres, more or less.
f264
.,.,
Cont.
1378
Also; Part of the East Half of the Northwest fractional Quarter of Section 3, Township 16 North, Range
West, described as follows: Beginning at a point 286,78 feet East of the Northwest corner of the East
half of the Northwest fractional quarter of said Sedtion 3, thence East'100 feet, thence South 321.1 f
thence West 100 feet, thence North 321.1 feet to the point of beginning, from R01A Singel Family Resi-
dential District to C82 Throughfare Commercial District, and,
WHEREAS, notice of said publid hearing, setting forth the date, time; place and purposes of hear-
ing, and location of property was published in the Northwest Arkansas Times, a newspaper of general cir-
culation in said City, more than 15 days prior to mid public hearing, and
1-1HEREAS, following said public hearing, said Planning Commission certified to the City Council
of the City of Fayetteville, Arkansas, its recommendation that an ordinance be adopted rezoning all that
part of the above described property not already zoned C-2 Throughfare Commercial District from R -IA �.
Single Family Residential District to C-2 Throughfare Commerdi;al District,
NUV12 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYEPTEVTLLE, ARKANSAS:
SECTION 1, That the above described property presently zoned as R -LA Single Family Residential
District be, and the same is hereby rezoned to C-2 Throughfare Commercial District,
SECTION 2. That all ordinances or parts of ordinances in conflict herewith are hereby repealed
and this ordinance shall be in full force and effeot from and after it passage, approval and publication,
PASSED AND APPROVED this 25th day of November, 1963. 1
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g6i Ogg DW FJ x s
The Building Inspector presented a resolution PC21-63 in which the Planning C6mmission recommended that
the Council accept the petition of Pearl and Cliff Mills to rezone certain property East of Highway 71
North between Hudson Service Station and Horton's Service Station,
After a brief discussion, 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
DISITRCT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED MAY 28, ?962 TO REZONE CERTAIN REAL ESTATE FROM R -1A
SINGLE FAMILY RESIDENTIAL DISTRICT TO C-2 THROUGHFARE COW-ERCIAL DISTRICT.
Alderman Thomas moved that the Ordinance pass. The motion was sedonded by Alderman 'Faecitteand passed
unanimously whereupon the.Mayor declared the ordinance passed.
ORDINANCE N0. 1378
AN ORDINANCE AMENDING ZONING ORDINANCE N0. 1239 AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE,'ARKANSA!
APPROVED MAY 28, 1962, TO REZONE CERTAIN REAL ESTATE FROM R -IA SINGLE FAMILY RESIDENTIAL DISTRICT TO C-2
THROUGHFARE COMMERCIAL DISTRICT. .
,•1HEREAS, a public hearing was held before the Planning Commission of the City of Fayetteville,
Arkansas, on November 12, 1963, on the petition of Pearl and Cliff Mills, requesting that said Planning
Commission recommend to the City Council of the City of Fayetteville, Arkansas, that the City Council
enact an ordinance rezoning that portion of the following described property which is not already zoned
C-2 Througghfare Commercial District, to -wit:
Part of the West half of the Southwest Quarter of Section 3 in Township 16 North of Range Thi ty
West, described as: Beginning at the Southeast corner of the Northwest Quarter of the Southwest Quarter
of Section Three in Township 16 North of Range Thirty West, and running thence North 200 feet; thence
West 520 feet, more or less, to the East line of the rightcof-way of U.S. Highway No. 711 thence in a
southernly directioniriwith the east line of the right-of-way to the South line of the Northwest Quarter
of the Southwest Quarter; thence East 100 feet; thence South 190 feet; thence East to the East line of
the Southwest Quarter of the Southwest Quarter; thence North 130 feet to the point of beginning,
Also, part of the Southwest Quarter of the Southwest Quarter of the Section three in Township 16
North of Range 30 Webt, described as follows: Beginning at the point of intersection of the North line
of said forty acre tract, and the east line of the right-of-way of U.S. Highway No. 71, thence East
100 feet; thence South 130 feet; thence West to the East line of the said right-of-way;'thence in a
northernly direction along the east line of said right-of-way to the point of beginning, from R -IA Sing1
Family Residential District to C-2 Throughfare Commercial District, and
WHEREAS, notice of said public hearing, setting forth the time, place and purposes- of hearing,
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 )oaring, and
WHEREAS, following said public hearing, said Planning Commission certified to the City Council
of the City of Fayetteville, Arkansas, its recommendation that an ordinance be adopted rezoning the abc
described property from R -1A single Family Residential District to C-2 Throughfare Commercial District.
N(h13 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE, CITY OF FAYETTEVILLE, ARKANSAS:
SECTION 1. That the above described property presently zoned as R -1a Single Family Residential
District be, and the same is hereby'rezoned to C -2 i .Throughfare Commercial District.
SECTION 2. That all ordinances op parts of ordinances in abnflict herewith are hereby repealed,
and this ordinance shall be in EiU cforce and effect from and after its passage, approval and publicati
PASSED AND APPROVED this 25th day of November, 1963.
10 APPROVED: /A/�
GUY E. .RONN, MAYOR
ATTEST:
GEORGE , CITY CLERK
Release
Alderman Wheeler moved that the City Clerk
be and he is hereby authorized to execute a
release deed
Deed
on Block 3 of Elmwood Addition to the City
of Fayetteville, Arkansas, for Pat' Watkins.
St.
Louis
The motion was seconded by Alderman Burgin
and passed unanimously.
four inch water line.
Release
Alderman Short then moved that the City Clerk be andhe is hereby authorized to execute
a release deed
Deed
on the Subdivision contract for McClinton Second Addition to the City,of Fayetteville,
Arkansas, Bff
Cato Springs Road.
The motion was seconded by Alderman Thomas
and passed unanimously.
Extentio ;Alderman Burgin moved that Mr. Calvin Phillips of Farmington be allowed to extend a water main of approv
of water material and construction along the Tennant Road a distance pf 300 to 400 feet to serve two residences
mains at under conttruction providing the Commissioners of Fayetteville Suburban Water District Number Two also
rmington grant him permission, this is in iziew of extenuating circumstances in that said Mr. Phillips had started
construction of two residences at the time the pity d'ouncil adopted a Water Department Rule & Regulation
on October 28, 1963 which prohibits mains being extended outside suburban water districts without the
City's approval and said Mr. Phillips had anticipated providing these residences with city water.
The motion was seconded by Alderman Short and passed unanimously.
Alderman Wheeler introduced and read a proposed resolution authorizing a contract for a 4 inch water ser
vice line across the right-of-way of the St. Louis. and San Francisco Railway Company.
Alderman Wheeler then moved that the resolution be a dopa ed.
The motion was seconded by Alderman Thomas and passed unanimous,, whereupon the Mayor declared the resol-
ution adopted.
slutionl RESOLUTION 18-63
18-63
WHEREAS, it is necessary to cross the right-of-way of the St. Louis and San Francisco Railway Company
with a four inch water service line at their mile post 350 plus 16 poles plus 40 feet (near Township
Road in the City of Fayetteville, Arkansas) to serve the new Coca Cola Plant in the !Jest side of the
right-of-way, and
WHEREAS,
it is
necessary for the
City of Fayetteville, Arkansas, to secure
a pipe line contract from
the said
St.
Louis
and San Francisco
Railway Company in order to lay the said
four inch water line.
NOWITHERsFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYEPTEVILLE, ARKANSAS:
1. That the Mayor and City Clerk be and they are hereby authorized and directed to execute a pipe
line contract with the St. Louis and San Francisco Railway Company for the above purpose, and that the
Water Department is hereby authorized to pay the sum of 025.00 a one time payment to the said St. .Louis
and San Francisco Railway Company, as the consideration.
PASSED AND APPROVED THIS 26th day of November, 1963
APPROVED: I
GUY Lit.BROWN, MAYOR
ATTEST.' '
GEOR J. DAVIS, CITY CLERK
CERTIFICATE
STATE OF ARKANSAS
CITY OF FAYETTEVILLE
I, GEORGE J. DAVIS, City Clerk within the for the City of Fayetteville, Arkansas, .do hereby certify
that the annexed and foregoing is a true and correct copy of the Resolution 18,963, therein set forth,
and the same is as it. appears of Record in PROCEDURE OF CITY COUNCIL RECORD, Volume G. at Page 265
thereof. I ,
IN WITNESS WHEREOF, I have hereunto set nV hand and affixed'my seal this 26th day of November, 1963,
GEDRGJ* DAVIS, 'CITY CLERK
rdinance The City Attornyy introduced ad at the request of the Council, read a proposed ordinance ih its entirety
eft on for the first time entitled, "AN ORDINANCE REGULATING THE SETTING AND CONTROLLING OF FIRES; PROVIDING
at Read- PENALTIES R)R VIOLATION THEREOF; AND FOR OTHER RELATED PURPOSEte"
ing. No frmther action was taken ant this time and the ordinance was left on the first reading.
Alderman Faucette reported that the City Controller had rade a 'study of the conditions in the different
departments of the City Government as authorized by the Council and had made certain recommendations
to the Council to be considered by the Council. '
mnittee Alderman Faucette moved that a committee composed of City Controller Albert J. Uones, and Aldermen:
to Wheeler, Thomas, Burgin, Faucette and Short make a study of these recommendations and report not Later
udy the than the last regular meeting of Council in December.
c. of The motion was seconded by Alderman Thomas and passed unanimously.
ty Contr.
There being no further business, Alderman Heflin moved to adjourn.
The mltionorwas seconded by Alderman Watson and passed unanimous, whereupon'the Mayor declared the
adjourned.
APPROVED:
MAYORIGUY E. BROWN
woo
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