HomeMy WebLinkAbout1964-07-06 Minutes306
SPECIAL
SESSION
Purpose
Meeting
Study
Sewer
System
Approp-
riate
sum for
Remodel-
ing...
Adjourn.
Alderman Burgin then moved to purchase a new radio set as recommended by the City Enginner.
The motion was seconded by Alderman Wheeler and passed unanimously.
There being no further business, Alderman Heflin moved to adjourn.
The motion was seconded by Alderman Short and passed unanimously, whereupon the Mayor declared the meet
adjourned.
APPROVED: ='(2ens
MAYO GUY E. BROWN
ATTEST: Q.LtBi2f �
CITMLIMK GEORGE J. DAVIS
The City Council of'Fayetteville, Arkansas, met in Special Session on Tuesday; June 30, 1964 at 12 o1cloi
noon in the Mt. Inn Motor Lodge,
Present: Mayor Guy E. Brown, Cite Clerk George J. Davis, City Controller Albert J. Jones, and Aldermen:
Heflin, Christie, Watson, Wheeler, Thomas, Burgin, Faucette and Short.
Absent: None
The Mayor reported the purpose of the meeting was to select an Engineer to make a study of the sewer
system and that all members of the Council had been notified by U.S. Mail and by telephone.
Alderman Burgin moved to employ McGoodwin and Mahaffey, Consulting Engineers, to make a study of the
sewer system of the City of Fayetteville, Arkansas, according to the terms of their proposal.
The motion was seconded by Alderman Heflin and passed unanimously.
v
Alderman Short moved to appropr/Qte the sum of $20,000.00 to remodel the East side of the City Admin-
istration Building under the general supervision of City Engineer W.C. Smith according to the plan
approved by the Building Committee and that the Mayor and City Clerk be and
they are hereby authorized to enter a Rental Agreement with the Chamber of Commerce.
The motion was seconded by Alderman Heflli d seed unanimously.
There being no further business, Alderm moved to adjourn.
The motion was seconded by•Alderman Heflin and passed unanimously, whereupon the Mayor declared the
meeting adjourned. •
APPROVED:
MAYOR GI -•E. BROWN
ATTEST: —
CITYC i" GEORGE J. DAVIS
The City Council of the City 6f Fayetteville, Arkansas met in regular session on Monday, July 6, 1964,
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, Chief of Pc
Hollis Spencer and Aldermen: Heflin, Christie, Watson, Wheeler, Thomas, Faucette and Short.
Absent: City Attorney Bass Trumbo, Fire Chief Burl Skelton and Alderman Ellis Burgin.
The Minutes of
the
Regular Meeting
on Monday
June
22,
1964, and of
the Special Meeting on June 30,
1964,
copies of which
had
previously been
mailed to
each
of
the Aldermen,
were approved as written.
The Mayor reported this was the time, date and place set for a public hearing on the petition of Roy A.
Adams and Helen Guinn Adams, husband and wife, to vacate an alley in Block 4, Wilson -Adams Addition to
the City of Fayetteville, Arkansas, and that all persons having any objection would be heard at this tir,
The City Clerk reported that he had caused notice of the public hearing to be published in the Northwest
Arkansas Times, a newspaper published, in Washington County, Arkansas, and having a general circulation
in the City of Fayetteville,•Arkansas, once a week for two consecutive weeks .prior to the date set for t
public hearing.
He further reported that he had an abstractou certificate showing the owners of record of the property
adjacent to bhe alley being Roy Adams and Helen Guinn Adams, husband and wife.
And that he also had a letter from the Arkansas Western Gas Company and the Southwestern Electric Power
Company, stating they had no objection to the vacating of this alley. There being no objection,
the City Clerk introddeed and read a proposed Ordinance in its entiizety;for the first time, entitled,
"AN ORDINANCE VACATING AND ABANDONING AN ALLEY CONNECTING TO GREGG AVENUE AND RUNNING FAST2?55 FEET
THEREFROM, THE SAME BEING SITUATED BETWEEN HAFITHORt1 APm PROSPECT STREET, FAYETTEVILLE, ARKANSAS, AND FOI
OTHER PURPOSES*"
Alderman Thomas then moved that the rule be suspended and the ordinance placed oh the second reading.
The motion was seconded by Alderman Short and passed unanimously. The ordinance leas 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 bl. Alderman Wheeler and passed unanimously. The ordinance was then read for the
third and last time.
The Mayor then dec2ai:ed the ordinance was open for discussion. There being no discussion, the Mayor aske
the question, "Shall the Ordinance Pass?" Upon roll call, the following vote was recorded: "AYE" Heflir
Christie, Watson, Wheeler, Thomas, Faucette and Short. "NAY" None. There being seven "AYES" and no "Nd
the Mayor declared the ordinance passed.
ORDINANCE NO. 1397
AN ORDINANCE VACATING AND ABANDONING AN ALLEY CONNECTING TO GREGG AVENUE AND RUNNING EAST 255 FEET T
FROM, THE SAME BEING SITUATED PETI:TEEN HAWTHORN AND PROSPECT STREITS, FAYETTEVILLE, ARKANSAS, AND FOR
PURPOSES.
WHEREAS, a petition was duly filed with the City Council of the City of Fayetteville, Arkansas, on -the
30th day of October, 1963, asking the City Council to vacate and abandon a 20 foot alley connecting to
Gregg Avenue and running Fast 255•feet, therefrom, the same being situated between Hawthorn and Prospect
Streets, Fayetteville, Arkansas, designated on the plat of the Wilson -Adams Addition to the City of Fay-
etteville,'Arkansas, as same appears platted in the Office of the Circuit Clerk and Ex -Officio Recorder"
for Washington County, Arkansas, and
WhEREAS,•after due_notices as required by law, the City Council has, at the time and place mentioned in
the notice, heard all persons desiring to be heard on the question and has ascertained tha t the portion
of the alley hereintofore described has heretofore been dedicated to the public use as an alley; that al
the owners of the property abutting on the portion of said alley sought to be vacated have filed with
it
Ordinance the City Council their written consent to said abandonment; and that public interest and welfare will
Con't... not be adversely,a£fected by the abandonment of said alley.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FA.YETTEVILLE, 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 20 ffot alley connecting to Gregg Avenue and Running East 255 feet therefrom, the same being situated
between Hawthorn and Prospect streets, in the city of Fayetteville, Arkansas, its successors and assigns
an easement or right-of=way on, over, under and across3the portion of said alley hereby vacated for the
purpose of constructing, installing, operating, laying and relaying, relocating and maintaining all
public utilities now located or which may hereafter be located upon said vacated alley by said City, or
any corporation having a franchise or right-of-way from said City, as a condition -to the closing of said
portion of alley the City shall be held free and harmless from liability as to any claims of the abuttir
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 utiltites now located, or, which may hereafter be. located upon said vacated street, and -further
that the petitioners agree that they will refrain from altering of changing the grade of the terrain,
which would cause damage to utility lines located in that area.
SECTION 2. A copy of the Ordinance duly certified by the City Clerk shall be filed in the
Office of the recorder of the County and recorded in the deed records of the County.
SECTION 3. This ordinance shall take effect and -be in force from and after its passage,
approval, and publication.
PASSED AND APPROVED THIS 6th day of July, 1964.
APPROVED:
^ ) MAYOR GT:1Y F. BRO14N
ATTEST:
GEORGE J.VIS, CITY CLERK
The Building Inspector presented the'Final Plat £or.a subdivision to be known*.as the Roy Adams Sub-
division to the City of Fayetteville, Arkansas, which had been approved by the Planning Cormdssion.
The City Clerk then read a pDO)osed ordinance in•its entirety for the first time, entitled, " AN ORDINANCI
TO ACCEPT AND CONFIRM THE DEDICATION OF ALL STREETS, ALLEYS AND EASEMENTS IN ROY ADAMS SUBDIVISION TO TF
CITY OF FAYETTEVILLE, ARKANSAS."
Alderman Thomas then moved that the rule be suspended and the ordinance placed•on a 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 thitd and
final reading.
The motion was seoonded by Alderman Watson and passed unanimously. The ordinance was then read for the
third and last time.
The Yayor then declared the ordinance open for discussion. Therebeing no discussion, the ?favor asked
the question "Shall the Ordinance Pass?" Upon roll call, the following vote was recorded: "AYE"
Heflin, Christie, Watson, Wheeler, Thomas, Faucette and Short. "NAY" None. There bbing seven "AYES°
and no "NAYS", the Mayor declared the ordinance passed.
OrdinanceI ORDINANCE NO. 1398
No. 1398
AN ORDINANCE TO ACCEPT AND CONFIRM THE DEDICATION OF ALL STREETS, ALLEYS AND EASF,EMTS IN ROY ADAMS
DIVISION TO THE CITY OF F.AYETTEVILLE, ARKANSAS.
WHEREAS, there has been duly presented to the City Council of the City of Fayetteville, Arkansas, a plat
dated April, 1964, know as Roy Adams Subdivision to the City of Fayetteville, Arkansas, being more parti-
cularly described as follows: Beginning at the 1\'+J corner of Lot 23, Block•lF of Wilson -Adams Addition,
said point being North Os`)01' East 200.0 feet and East 25.0 feet of the SW corner of the NWk SE,i-, of
Section 9, Township 16 North, Range 30 West, thence North 0 O1' East 24LF.3 feet; thence East 320.0 feet
thence North 25.0 feet; thence Fast 80.0 feet; thence North 5.0 feet; thence East 211.25 feet to the
West line of Vandeventer Avenue; thence •with said West line South 140.0 feet; thence idest 150.0 feet;
thence South 143.3 feet; thence West 461.35 feet to the point of beginning, and containing 2.87 acres, to
or less, which the o mers have dedicated for the public use the streets, alleys and easements shown upon
said plat, and
WHEREAS, The City Planning Commission of the City of Fayetteville, Arkansas, has recommended the
od said plat.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAvETTFVILLE, ARKANSAS:
SECTION 1. That the City of Fayetteville, Arkansas hereby accepts and confirms the dedicatio
of all streets, alleys and easements, dedicted in Roy Adams Subdivision to the City of Fagettevi.11e,
Arkansas, and hereby deblared said streets, alleys and easements to be public streets, alleys and ease-
ments, and said Citl,+ Council hereby assumes the care, control and jurisdicition of the same.
SECTION 2. That this Ordinance shall be in force and effect from and after its passage, app-
roval and publication.
PASSED AND APPROVED this 6th of July, 1964.
APPROVED:
GUY7FPRCWN. MAYOR
ATTEST: D4W Qg2!�
GEORGE cU WIS. CIT`.' CLERK
Alderman Wheeler moved that the City Clerk be authorized to execute the Subdividers Contract with Roy
•� Adams for Roy Adams Subdivision provided that the contract reads that the streets will be curbed and
GGG(/ guttered and paved.
The motion was seconded by Alderman Short and passed unanimously.
to Alderman Wheeler presented the petg�ion of Mr. B.L. Lewis and wife regarding the location of a house
trailer on Green Acres Road. The Building Inspector reported that this would be in violation of the
zoning ordinance unless the ordinance is amended.
309
The Mayor presented a Quitclaim Deed from the College Club Dairy, Inc., to the City of -Fayetteville,
Arkansas, for street putposes-provided Highway 16 extends out 15th Street in the future.
After a long discussion, during which the City Clerk read•alletter from Attorney E.J. Pall concerning
/ this, Alderman Thomas moved to accept the deed raider provisions stated in the letter.
('�`/ The motion was seconded by Alderman Heflin and'upon roil call, the following vote was recorded: "AYE"
Heflin, Christie, Watson, Wheeler, Thomas; and Faucette. "NAY" Short.
There being -six "AYES" and only one "NAY", the Mayor declared the motion passed.
The letter referred to was spread in the minutes and reads as follows:
Guy E. Brown
City of Fayetteville
City Administration Building
Fayetteville, Arkansas
Re: Annexation of real estate of College Club Dairy,
Fayetteville, Arkansas
Dear Mayor Brown:
The Washington County
Court entered an
order on June 29,
1964;
annexing to the City of Fayetteville,
Arkansas, certain real
estate belonging
to College Club
Dairy,
Inc.
As a part of the conditions upon which the tract orreal estate annexed under the said proceeding was ac-
quired from the Fayetteville Chamber of Commerce is that the City of Fayetteville will provide proper
access from said real estate to South College and 16th Street, and that College Club Dairy, Inc. will
grant to the City of Fayetteville, -and/or the Arkansas State Highway Commission an easement over and
across the North 40 feet of said tract of real estate when the property owners adjoining on the North
thereof have granted a 40 foot easement in•order than an 60 foot -easement is granted for use as State
Highway 16. In this connection, you will find enclosed a Grant of Easement over the North 40 feet of the
tract of real estate in question. You are authorized to delaer this Grant of Easement to the City of
Fayetteville, Arkansas, when the property owners on the North of.lthe tract described in the Grant of Ease
ment have granted to the City of Fayetteville, Arkansas, or the Arkansas State Highway Commission an
easement over the South 40 feet of their property, otherwise, this Grant of Easement is to be returned to
College Club Dairy, Inc.
If this procedure for handlingthe;atter is acceptable to you; please sign the copy of this letter and
return to me for my files.
Yours very truly,
/s/ E.J. Pall
E.J. Ball
EJB:abh
Enc.
cc; College Club Da'ry, Inc.
Accepted: /\
.Mayor Guy E. Brown
The City Clerk read a proposed resolution authorizing the Pipe Line Contract with the St. Louis -San
cisco Railroad Co.
Alderman Wheeler moved that the resolution be adopted.
The motion was seconded by Alderman Short and passed unanimously, whereupon the Mayor declared the
adopted.
RESOLUTION N0. 15-64
Whereas, it is necessary to extend a 12 inch cast iron water main from West Fifteenth Street
!D `f at Brooks Avenue to a point on the west line of'the Southeast Quarter (SE4) of the Northwest Quarter (NW�
of Section 20, Township 16 North) Range 30 West, to serve Campbell Soup Company and other customers xf
Jdm west of the St. Louis and San Francisco Railway Company, and in doing so, it is necessary to cross
the 100 foot right of way of said railway at Mile Post 354 plus 03 poles, plus 4 feet, and
Whereas, it is necessary for the City of Fayetteville, Arkansas, to enter into a pipe -line
Contract with the said St. Louis -San Francisco Railway Company for authority to construct and maintain
said 12 inch cast iron water main;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS;
That the Mayor and City Clerk be, and they are hereby authorized to execute the necessary
Pipe Line Contract for crossing the St. Lour$ -San Francisco Railway Company right of way 'with a 12 inch
line at the location stated above in the name of the City of Fayetteville, Arkansas, and that the Water
Department be authorized to pay the sum of $25.00 as a one-time payment to the St. Louis -San Francisco
Railway Company in accordance with the terms of said Pipe Line Contract,
PASSED AND APPROVED THIS 6th day of July, 1964. Lin
APPROVED:
GUY E.O.a I, MAYOR
ATTEST:
GEORGEg, VNIS, CITY CLERK
The City Clerk then read a proposed resolution authorizing the execution of a Pipe Line Contract for
another crossing of the St. Louis -San Francisco Railway Comppny.
Alderman Wheeler moved that the resolution be adopted.
The motion was seconded by Alderman Thomas and passed unanimoiAy, whereupon the Mayor declared the r
adopted.
RESOLUTION N0. 16-64
�/ Whereas, it is necessary to extend a 12 inch cast iron water main from a point in the
ion 1
on