HomeMy WebLinkAbout1964-04-27 Minutes.29
A int The Mayor reported that Gene Thrasher had resigned from the Civil Service Commission and he recommended
�r that Mr. R.T. Edwards be appointed to this vacancy,
To Civil I Alderman Burgin moved to accept the recommendation of the Mayor and arpoint R.T. Edwards to the Civil
Serv. Com. Service Commission vice Gene Thrasher..who has resigned.
I The motion was seconded by Alderman Wheeler and passed unanimously,,
1390
The City Attorney introduced and at the request of the Council read a proposed ordinance in its entirety
entitled,"AN ORDINANCE REGULATING SOLICITORS, PEDDLER, HAWKERS, ITINERANT MERCHANTS OR TRANSIENT VENDOR.?
OF MERCHANDISE IN THE CITY OF FA.YETTFVILLE, ARKANSAS: DECLARING IT TO BE A MISDEMEl4NOR. FOR THOSE ENGAGIN
IN SUCH PURSUITS TO GO IN OR UPON PRIVATE RESIDENCES WITHOUT HAVING BEEN REQUESTED OR INVITED TO DO SO;
PROVIDING PENALTIES FOR THE VIOLATION THEREOF; REPEALING ALL ORDINA^ICE IPI CONFLICT HEREWITH.'
Alderman Thomasmmoved that the ordinance pass.
The motion was seconded by Alderman Short and pass6d unanimously, whereupon the Mayor declared the
ordinance pass.
Alderman Short then moved that the emergency clause be adopted.
The motion was seconded by Alderman Faucette and passed unanimously, whereupon the Mayor decbared the
emegency clause adopted.
ORDINANCE NO. 1390
AN ORDINANCE REGULATING SOLICITORS, PEDDLE , HAWKERS, ITIDIERA14T MERCHANTS OR TRANSIENT VENDORS OF
MERCHANDISE IN THE EITY OF FAYETTEVILLE, ARKANSAS; DECLARING IT TO BE A MIDDEAMEANCR FOR THOSE ENGAGING
IN SUCH PURSUITS TO GO IN OR UPON PRIVATE RESIDENCES WITHOUT HAVING PEEN REQUESTED OR INVITED TO DO SO;
PROVIDING PENALTIES FOR THE VIOLATION THEREOF; REPEALING ALL ORDINANCES IPI CONFLICT HERE47ITH."
BE IT ORDAINED BY THE CITY COUNCIL OF TIrE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. The practice of going in and upon private residences in the City of Fayetteville,
Arkansas, by solicitors, pdddlers, hawkers, itinerant merchants or transient vendors of merchandise not
having been requested or invited to do so by the owner or owners, occupant or occupants of said private
residences for the purpose of soliciting orders for the sale of goods, wares and merchandise and/or dish
posing of and/or peddling or hwaking the same is declared to be a middeameanor.
Section 2. Any person convicted of committing a middemeanor as described in Section 1 shall be
fined in a sum of not less than Ten Dollars ($10.00) nor more than Twenty --Five Dollars ($25.00), tog
with the costs of proceeding.
Section 3. The provisions of this ordinance shallnot apply to the sale, soliciting or otdors for t
sale of fruits, vegetables, or other products 5f the farm, including meat from domestic animals of live-
stock, so far as the sale of the commodities named herein is now authorized by law.
Section 4. This ordinance specifically regAls Ordinances 1153 and 1160, and all other ordinances
of parts of ordinances in conflict herewith.
Section 5. Whereas, the ringing of doorbells by solicitors, paddlers, hawkers, itinerant mdrehants
or transient vendors of merchandise, has become highly annoying and disturbing to the occupants.of re-
sidential property, an emetgency is hereby declared to exist, and this Ordinance being necessary for the
preservation of the public peace, health and safety, the same shall be in full force and effect from
and after its passage.
PASSED AND APPROVED this 13th day of April, 1964.
Pn
�.lM �-
APPROVED:&& nE& JJAIA
GUY E. PRMT, MAYOR
sere being no further business, Alderman Short moved to adjourn.
The motion was seconded by Alderman Faucette and passed unanimously e whereupon the Mayor declared the
meeting adjourned. SJI
APPROVED:_ )21 11A
GUY Et R N , MAYO
ATTEST:, -d
EORG VIS, CITY CLERK
Regular The City Council of Fayetteville, Arkansas, met in regular session on Monday, April 27, 1964 at 7:30 P.M
Session 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 Attorney
Bass Trumbo, City Engineer W.C. Smith, Chief'of Police Hollis Spencer, Fire Chief Burl Skelton, and Alde:
men: Heflin, Christie, Watson, Wheeler, Thomas, Burgin, Faucette and Short.
Absent;. None.
The minutes of the Regular Meeting on Monday April 13, 1964 and of the Special Meeting on Friday April V
1964, copies of which had previously been mailed to each cf the Aldermen, were approved as written.
The Building Inspector presented the petition of Dr. R.E. Clack and Constance M. Clack, husband and wife
to rezone certain property on Meadow Street from R-4 Multi -Family Residential and Dormitory District to
C-1 Neigborhood Commercial Districtnihich had been approved by the Planning Commission,
The Building Inspector read a resolution from the Planning Commission recommending that this property be
rezoned.
The City Attorney introduced and at the request of the Council read a proposed ordinance in its entirety
entitled, 11 API ORDINANCE AP:ENDING ZONING ORDINAA'CE NO. 1239 AND R EVISED ZONING DISTRICT MAP OF FAYETTEVI
ARKANSAS, APPROVED MAY 282 19�TO REZONE CERTAIN REAL ESTATE FROII R-4 MULTI-FAKILY RESIDENTIAL ANDTR
DORMITORY DISTRICT TO C-1 NEIGH ARHOOD COMMERCIAL DISTRICT."
Alderman Burgin mofed that the ordinance pass.
The motion was seconded by Alderman Faucette and passed unanimously, whereupon the 141ayor declared the
ordinance passed.
ORDINANCE NO. 1391
I
296
ORDINANCE N0. 1391
1391IAN ORDINANCE AMENDING ZONING ORDINANCE N0. 1239 AND REVISED ZONING DISTRICT NAP OF FAYETTEVILLE,
ARKANSAS, APPROVED FAY 28, 1962, TO REZONE CERTAIN REAL ESTATE FROM,, R-4 MULTI -FAMILY RESIDENTIAL AND
DORMITORY DISTRICT TO C-1 HEIGHBORHCOD COh2ERCIAL DISTRICT.
WHEREAS, a public hearing was held before the Planning Commission of the City of Fayetteville, Arks
ansas, on Tuesday April 14, 1964, on the petition of Dr. R.E. ClAdk and Constance M. Clack, requesting
that said Planning Commission recommend to the City Council of the City of Fayetteville, Arkansas, that
the City Council enact an ordinance rezoning the following described property, to -wit:
Lot Numbered Six (6) in Block Numbered Eleven (11) in the Original Plat of the town of Fayetteville,
Arkansas, more particularly described as follows, 'goF4 t: Beginning at the South East Corner, of the
West half of said block Eleven and running thence North one hundred fifty-eight (158) feet, t hence West
eighty-one (81) feet, thence South one hundred fifty-eight (158) Feet, thence East eighty-one (81) feet
to the point of beginning.
from R-4 Multi -'_Family Residential and Dormitory Distbict to C-1 Neighborhood Commercial District, and
WHEREAS, notice of said public hearing, setting forth the date, time, place and purposes of
and location of property was published in the Northwest Arkansas Times, a newspaper of general c
in said City, more than 15 days prior to said public hearing, and
WHEREAS, f811owing said public hearing, said Planning Commission certified to the City Council of
City of Fayetteville, Arkansas, its recommendation that an ordinance be adopted rezoning the above -des -
scribed property from R-4 Multi -Family Residential and Dormitory District to C-1 Neighborhood Commer¢ia
District;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYEPTEVILLE, ARKANSAS:
SECTION 1. That the above described property be rezoned from R-4 Multi -Family Residential and
Dormitory District to C-1 Neighborhood Commercial District,
SECTION 2. That all ordinance or parts of ordinances in conflict herewith are hereby repealed, an
this ordinance shall be in full force and effect from and after itss passage, approval, and publication
PASSED AND APPROVED this 27th day of April, 1964.
APPROVED:_
MAY UY E. PROWN
ATTEST:
CITY WRK49ORGE J. DAVIS
No. 1392 The Building Inspector presented the petition of J.A. Russell and Frances D. Russell, husband and wife,l
for the rezoning og their property from R -1A Single Familkv Residential District to C-2 Thoroughfare
Commerical District which had beeh appnved by the Planning Commission.
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
DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED MAY 28, 1962, TO REZONE CERTAIN REAL ESTATE FROM R -1a
SINGLE FAMILY RESIDENTIAL DISTRICT TO C-2 THOROUGHFARE COb211ERRCIAL DISTRIgT.
Alderman Thomas moved that the ordinance pass.
The motion was seconded by Alderman Short and passed unanimously whereupon the Mayor declared the ordinance
pass.
OPDINANCE N0, 1392
AN ORDINANCE AMENDING ZONING ORDINANCE N0. 1239 AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANS4S,
APPROVED MAY 28, 1962, TO REZONE CERTAIN REAL ESTATE FROM' R -1a SINGLE FAMILY RESIDENTIAL DISTRICT TO C-2
THOROUGHFARE COMNMCIAL DISTRICT.
WHEREAS, a public hearing was held before the Planning Commission of the City of FayettevilleT
Arkansas, on Tuesday, April 14, 1964, on the petition of J.A. Russell and Frances D. Russell, requestin
that said Planning Commission recommend to the City Council of the City of Fayetteville, Arkansas, that
the City Council enact an ordinance rezoning that part of the following described property, not already
zoned C-2 Thoroughfare Commercial Disdret, tot -wit:
A part of the Southwest Quarter of the Southwest Quarter of Section 3, Township 16 North, Range 30
West, being more particularly described as beginning at a point 303.5 feet south of the northeast corne
of said 40 acre tract, and running thence south 83? 34' west 392.6 feet, more or less, to an iron pin
near the edge of west bank of the branch; thence south 29 feet; thence north 82916' west with the lime
the south face of an existing concrete wall 228.2 feet to an iron pin at 8:e south edge of an existing
concrete slab where slab intersects with the east R/W line of U.S. Highway 71; thence South 10030' west
with said R/w line 207.6 feet; thence running north 88010' east with an existing fence 372.0 feet; and
contimuning with said fence north 88020' east 271.9 feet to the east line of the above mentioned 40 ac
tract, and thence north 196.3 feet teethe place of beginning.
from R -1a Single Family Residential District to C-2 Thoroughfare Commercial District.
WHEREAS, NOTICE of said public }iearing, 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 circulation
in said City, more that 15 days prior to said public hearing, and
WHEREAS, follawing 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 above-
described property from R-lA Single Family Residential District to C-2 Thoroughfare Commercial Districts
NOWs THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
SECTION 1. That the above described property not already zoned C-2 Thoroughfare Commercial District,
be rezoned from R -IA Single Family Residential District to C-2 Thoroughfare Commercial District.
::J
io-64
ORDINANCE NO. 1392 (Continued)
SECTION 2. That all ordinances or parts of ordinances in conflict herewith are hereby repealed, and
ordinance shall be in full force and effect from and after its passage, approval, and publication.
PASSED AND APPROVED THIS 27th day of April, 1964.
ATTEST:A / APPROVED:
fpv.GE DMS, CITY CLERK GUYVE. BROWN, MA.
man Short introduced a proposed resolution PROVIDING FOR THE REPLACEMENT OF ONE STREET DEPARTMENT
TRUCK which he read'in its entirety.
man Short thenvomoved that the resolution be adopted.
otion was seconded by Alderman Faucebte and passed unanimously, whereupon the Mayor declared the
ution adopted.
RESOLUTION 10-64
RESOLUTION PROVIDING FOR THE REPLACEMENT OF ONE STREET DEPARTMENT DUMP TRUCK.
WHEREAS, a resolution must be passed and approved by the City Council for every expenditure from th
)lacement Fund;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAVECTEVILLE, ARKANSAS:
SECTION 1. The net bid of the Lewis Ford Sales Inc. in the amount of $2,850.00 to furnish and deli
1964 Ford Cab and Chassis Model F-600 is hereby accepted by the City Council.
SECTION 2. An appropriation for sales tax due on the Purchase it Section 1 above is hereby made an
expenditure for same shall be evidenced by an official receipt from the Arkansa's Revenue Department.
SECTION 3. After its passage and approval, this resolution shall be attached to and become a part
the Purchasing Documents issued for the items in Section 1 and 2 above.
PASSED AND A.FFROVED THIS 27th day of April, 1964.
APPROVED:
MAYOR GUY tte PRO74N
EST:
CIT TF CLERKEGRGE J. DAVIS
The City Attorney introduced and at the request of the Council read a proposed resolution Regarding the
Exchange of prorerty Between the City and Fulbright Investment C6mpany.
After a brief discussion, Alderman 'Wheeler moved that the resolution be adopted subject to the approval
of the title by the City Attorney.
The motion was seconded by Alderman Burgin and passed unanimously, whereupon the 11ayor declared the re-
solution adopted.
RESOLUTION 11-64
WHEREAS, oil Friday, February 14, 19641 at a special session of the Fayetteville City Council held
at 12:00'o'clock noon in the Mountain Inn Motor Lodge, the City Council approved the offer of the Fulbri
Investment Company dated Februa7y 6, 1964, to sell to the City for a future water and sewer department
operations center 20-12 acres land on Cato Springs Road and west of Frisco Railroad for $7,000.00 and the
lot approximately 31 feet by 78 feet on which the present city Jail is located, and authorized and direc
to execute the necessary deeds to convey tihe;City Property to the Fulbright Investment Company upon rete
of a warranty deedswith an abstract and an acceptable title opinion from the City Attorney from the Ful -
bright Investment Company to the City of Fayetteville for the said 20-.1 acre tract, and
WHEREAS, an acceptable title opinion has been received by the Water Department of the City of
,eville, Arkansas, and
WHEREAS, in order to carry out the intents and purposes hereinabove ser forth various conveyances
exchanged by the parties have been approved both by Fulbright Investment Company and by the Water
artment of the City of Fayetteville, and are ready for delivery.
NOW, THEREF.QRE, BE IT RESOLVED B" THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS, TO -WIT:
1. That the Mayor and City Clerk be and they are hereby authorized and directed to make, execute,
and deliver to Fulbright Investment Company, an Arkansas corporation, a quitclaim deed conveying to
Fulbright Investment Company, an Arkansas corporation, the f6llowing described real estate, to -wit:
A part of Lot four (4) Block Thirty -One (31) of the original Town Plat of the City of Fayetteville,
Arkansas, and being more particularly described as follows, to -wit: Beginning at an iron pin located at
the southwest corner of said Lot four (4) Block Thrity-One (31) thence noeth sixteen (16) feet, thence
east sixty-five (65) feet, thence South sixteen (16) feet to an iron pin, thence west sixty-five feet
to the point of beginning.
Also, a part of lot four (4) Block Thirty -One (31) of the original Town Plat of the City of Fayette.
ville, Arkansas, and being more particularly described as follows, to -wit: Beginning sixty-five (65)
feet east of the southwest corner of said Lot 4 (4) Block Thrity-One (31+) thence north sixteen (16) feet
thence East 12.6 feet, thence north if g feet, thence east to the east boundary line of said Lot Four (4)
Block Thirty-one (31) thence south 30.8 feet toaan iron pin located at the southeast corner of Eaid Lot Fow
(4) Block Thitty-One (31) thence west to the point of beginning.
2. That the Mayor and the City Clerk be and they are hereby authorized and directed to make, execui
and deliver to Fulbright Investment Company, an Arkansas corporation, a-awarranty deed conveying to Fulbrit
Investment Company, an Arkansas Corporation, the following described real estate, to -wit:
A part of lot 4 (4) block thrity=one (31) of the original Town Plat of the City of Fayetteville,
Arkansas, and being more particularly described as foll6ws, to -wit: Beginning at an iron pin located at
the southwest corner of said lot 4 (4); thence North sixteen (16) feet for a point of beginning, thence
East 77.6 feet, thence north 14.8 feet; thence west 77.6 feet, thence south 14.8 feet toethe point of
3. That the City of Fayetteville, Arkansas, a municipal corporation, shall accept from the
vestment Company, an Arkansas corporation, warranty deeds conveying to the City of Fayetteville
municipal corporation, the following described real estate, to -wit:
,
COR
1
Resolution A ;art of the Northwest Quartei
ill Township Sixteen (16) North, Range Thirty
of the Northeast Quarter
(NEk) of
Section Twenty-nine
(29
Wristc more narticularl:7 described
an alleyway the
as follows, to -Wit:
estate, to -wit:
Beginning at a point which is 44.3 feet south and 305.5 feet west of the northeast corner of said 40 ac
tract, and running thence south 702.9 feet, thence west 701.2 feet to the east line of the Cato Springs
Road, thence north 16 14' east along the east line of said road 229.4 feet, thence north 14 36, east alo
east line of said road 499.1 feet; thence east 511.2 feet to the point of beginning, containing 9.75 ac
more or less. I 1qV ..
Also, a part of the north half (Ni) of the northeast quarter (NFrl) of Section twenty-nine (29)
Township Sixteen (16) North, Range Thirty (30) west, described as follows, to -wit; Beginning at a point
which is 44.3 feet south and 305.6 feet gest of the northeast corner of the northwest quarter (NW ) of t
Northeast quarter (NE�) of said Section 29; thence running south 1276.5 feet; thence north 89 degrees 4
east 538 feet totthe St. Louis and San Francisco Railroad right of way; thence North 10 degrees 38 minut
west with the west line of said right of way 897.2 feet, thence south 78 degrees 2 minutes west 150.5 fe
thence north 10 degrees 1 minute west 434.1 feet to the south line of the Cato Springs Road; thence west
150 feet to the point of beginning, containing 10.8 acres, more or less.
4.
That the City of
Fayetteville, Arkansas, a
Municipal Corporation, hereby dedicated to the
public use as
an alleyway the
following desdiibed real
estate, to -wit:
the
minutes
A part of lot four (4) block thirty-one (31) of the Original Town Plat of the City of Fayetteville,
Arkansas, and being more particularly described as follows, to -wit: Beginning at a point vghich is 30.8 feet
north of the southwest corner of said lot four (4) Block Thirty-one (31); thence east 65 feet, thence north
12 feet, thence west 65 feet, thence south 12 feet totthe point of beginning.
Dated this 27th day of April, 1964.
CITY OF FAYETTEVI LE, ARKANSAS
BY
GUY BROWN, MAYOR
A long discussion was had concerning the dumping of the garbage at the Old Wilson Lake, but no further
gction was taken.
ance The City Attorney introduced and At the request of the Council read a proposed ordinance in its entirety,
1st entitled, " AN ORDINANCE ACCEPTING TERRITORY ANNEXED TO THE CITY OF FAYETTEVILLE, ARKANSAS, ASSIGNING
ng SAID TERRITORY TO WARDS; AND FOR OTHER PURPOSES."
No further action was taken at this time and the ordinance was left onthe (first reading,
There being no further business, Alderman Christie moved to adjourn,
The motion was seconded by Alderman Watson and passed unanimously whereupon the Mayor declared the me
adjourned.
l�
ILL i/...�
IT
ATTEST:
CITY L GECRGF. J:. DAVIS
That the City
Clerk of the City of
Fayetteville, Arkansas,
be and he is hereby authorized and
directed
to record this
Resolution -together with the aforesaid conveyances to the City of Fayetteville,
Arkansas,
in the office
of the Circuit Clerk
and Ex -Officio Recorder.
for Washiggton,County, Arkansas.
Dated this 27th day of April, 1964.
CITY OF FAYETTEVI LE, ARKANSAS
BY
GUY BROWN, MAYOR
A long discussion was had concerning the dumping of the garbage at the Old Wilson Lake, but no further
gction was taken.
ance The City Attorney introduced and At the request of the Council read a proposed ordinance in its entirety,
1st entitled, " AN ORDINANCE ACCEPTING TERRITORY ANNEXED TO THE CITY OF FAYETTEVILLE, ARKANSAS, ASSIGNING
ng SAID TERRITORY TO WARDS; AND FOR OTHER PURPOSES."
No further action was taken at this time and the ordinance was left onthe (first reading,
There being no further business, Alderman Christie moved to adjourn,
The motion was seconded by Alderman Watson and passed unanimously whereupon the Mayor declared the me
adjourned.
l�
ILL i/...�
IT
ATTEST:
CITY L GECRGF. J:. DAVIS