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HomeMy WebLinkAbout1964-11-09 Minutes332 19-64 resolution adopted. RESOLUTION NO, 19-64 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the City Council accept a Performance Bond from Transvideo Co., Fayetteville, Arkansas, in the amount of $5,000.00 guarantying that the area as shotirri on the attached map is completely changed out for all channels to include FPI Radio by December 31, 1965. Upon the presentation and formal acceptance of the bond at the next regular Council meeting, the Council agrees to release all funds presently held in escrow and all future funds subject to deposit in this account . PASSED AND APPROVED THIS 26th day of October, 1964. ATTEST: GECR DAVIS, CITY CLERK APPROVED: GUY E. PR(.;.' 1, MAYOR .tract Alderman Burgin moved that the Mayor and City Clerk be and they are hereby authorized to execute a con - with tract with the City Planner for $500.00 Per montheffective as of September 1, 1964 to be advanced to nner the Planner for preliminary planning to be Eharged against the Planning Grant if and when approved. The motion was seconded by Alderman Short and passed unanimously. 20-64 Alderman Christie presented a petition from Cy Carney to vacate certain streets and alleys in thb R.ochier Heights Addition. After a brief discussion, the City Attorney read a proposed resolution setting forth the date, time, and place of a Public Hearing on this petition. Alderman Christie moved the resolution be adopted. The motion was seconded by Alderman Thomas and passed unanimously, whereupon the MA•yor declared the resolution adopted. RESOLUTION N0. 20-64 W WHEREAS, it appears that a petition to abandon and vacate the follfroing: That part of Paris Ave. extending from the South line of Rochier Street to 84' south of -the South line of Grandview Street, and the alley lying South of Lots 1,2,3,4,5,6 and North of L6ts 7,8,9,10 and 1.1 of Plock Six (6) and also all of that part of Grandview Street lying east of Paris Ave. and lying South of said .Lots 7,8,9, 10 and 11 of said Block Six (6) all in R.ochieft Heights Addition to the City of Fayetteville, Arkansas, as per plat of said addition on file in the office of the Circuit Clerk and Ex -Officio Recorder of dashington County, Arkansas, was duly filed by Cy Carney and Lettie Carney, husband and wife, ..rith t he City Clerk of the Cit. of Fayetteville, Arkansas on the 26th day of October, 1964. WHEREAS, it appears that this is t he next regular meeting, of the City Council follwoing the filing of said petition. N0;^i, THEREFORE, BE IT RFSOLVED BY THE CITY COL74CIL OFTHE CITY OF FAYETTEVILLE, ARKANSAS, TO ::.IT: SECTION 1. That the 9th day of November, 1964, at .7:30 or clock P.M., in the Council Room of the City Administration Building, be and the same is hereby fixed asthe time and place for the hearing upon said ce tition. SECTION 2. That the City Clerk of the City of Fayetteville, Arkansas, be and he is hereby directed to give notice of such hearing to all persons interested by publication thereof once a creek for two (2) consecutive weeks in the Northwest Arkansas Times, a newspaper published in Washington County, Arkansas, and having a general circulation in the City of Fayetteville, Arkansas. PASSED AND APPROVED THIS 26th day of October, 1964. AJIYA APPROnED: nom- GUY E. 060WN) PAYOR .�Gd�2A.e Ste' GEORGE0. : Si CITY CLERK . •e being nofarther business, Alderman Watson moved to adjourn, motion was seconded By Alderman Christie and passed unanimously, king adjourned. AFFROVED: GU. E. .O -WN, MAYOR GEORGE 44, . IS, CITY CLERK whereupon the Mayor )declared the The City Council of Fayetteville, Arkansas, met in Regular Session on Monday, November 9, 1964 Iat 7:30 P 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, Fire Chief Burl Skelton, Chief of'Police Hollis Spencer, and Aldermen: Heflin, Christie, Watson, Wheeler, Thomas, Burgin, and Short. Absent: Alderman Geo. Faucette, The Minutes of the Regular Meeting on Monday, October 26, 1964, a copy of which had previously been rpailed to each of the aldermen, were approved as written. to accept the ` Alderman Short reported that the Finance Committee had recommended that the 1964 Tax Levy be the same as in 1963 or a total of 14 Mills. Alderman Short then moved to accept the recommendation of the Finance Committee and levy the General Property Tax for 1964 at 14 Mills to be allocated as follows: 1964 TM"il;Elft Purpose General Government General Obligation Pond Fund Fire Protection Police Pension Fund Fire Pension Fund Millage 5.0 4.0 3.7 .5 .5 33 Park Maintenance ;3 TOTAL 14.0 The motion was seconded by Alderman Watson and passed unanimously. The Mayor reported that s was the date tinny giideplace set for a public hearing on the of Ralph and Rogland Stut ieeld to vacate and abyandoq a street in the Stueield Add;tion to the eityefFayteville Arkansas known a s MemJitb Street. uC�� � The City Clerk reported that a notice of'the public hearing, had beeidonce a week for two consecutive weeks givOing.the date, time, place, and purpose of the public hearing. After a brief disscusion, the city attorney introduced and, at the request of the council, read a proposed ordinance in its entirW for the first ti -re entitled, "c;:/nNeORDINANCE VACATING AND ABANDONING MEREDITH STREF;T, IN THE STUPPLEFIELD ADDITION TO THE CITY OF FAYETTEVILLE, ARKAtQSAS." Alderman Thomas moved that the rule he suspended and the ordinance placed on the seldcond reading. the motion was;e2cond by Alderman Burgin and passed unanimousVy. The ordinance was then read forthe secXond time. Alderman Thomas then moved that t hernnle:,be futher suspended and the ordinance placed on the third and final reading The motion was second by Alderman Purgin and passed unanimously. The ordinance was then read for the third and last t ime. The Mayor then dep3abed the ordinance was open fordis/cusion. There being no dis�cus*on'the Mayor ask a question," Shall the ordinance Lass ?11 Upon roll call the folowing vote was'reccrded "'Aye" Hellin, Christie, Watson, iheeler,Ehomas, Purgin and Short. "NAY" none There being seven "ayes" and no "Nays" , the Mayordeclared the ordinance passed. ORDINANCE N0. 1418 AN ORDINANCE VAuATING AND ABApDONING MEREDITH STREET, IN THE STUBBLEFIELD ADDITION TO THE CITY OF FAYETTEWILLE, ARKANSAS. WHEREAS, a petition was duly filed with the City Council of the City of Fayetteville, Arkansas, on the 5th day of October, 1964, asking the City Council to vacate and abandon all of Meredith Street in the Stubblefield Addition to the City of Fayetteville, Arkansas, and WHEREAS, after due notice as required by law, the Council has, at the time and place mentioned in the notice, heard all�Dbrions dbsiring to be heard on the question and has ascertained that the street hereinbeofre described, has heretofore been dedicated to the public use as a street; has not been actually used by the public generally for a period of at least five years subsequent to the filing of the plat; that all the owners of the property abutting upon the street to be vacated have filed with the Council their written consent to such abandonment, and that public interest and welfare will not be adversley affected by the abanddnment of such street. NOW, THEREFORE, PE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FA.vETTEVILLE, 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: All of Meredith Street which is the extreme street running East and West of Plock 4 and 6, in the Stubblefield Addition to the City of Fayetteville, Arkansas, and reserving unto said City of Fayetteville Arkansas,its successors and assigns an easement of 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, relocatingiagd maintaining all public utilities now located or which may hereafter be located upon said vacated street by said City, or any corporation havingg'a franchise or right-of-way from said City. As a condition to the closing of said Meredith Street, the City shall be held free and harmless from liability as to any claimes of the abutting owners for damages to the property described herein, which may result from the City or other utility companies constructing, in- stalling, operating, laying and relaying, relocating, and maintaining all public utilties now located, or which may herediter 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. SECTION 2. A copy of this ordinance duly deitified by the City Clerk shall be filed in the offic of the recorder of the county and recorded in the deed records of the county. SECTION 3. This ordinance shal'.take effect and be in force from and after its passage, approval andpublicatior.. PASSED AND AFFROVED THIS 9th day of November, 1964. AFPROVED: n GUY E. P O';tiN, h1PYOR ATTEST:_ z, GEORG J.( -VIS, CITY CLERK. The Mayor reported this was the time, date and place set for a public hearing on a petition to vacate ` and abandon certain streets and alleys in the Rochier Heights Additon to the City of Fayetteville, Ark- ansas, The City Clerk reported that a notice of the public hearing had been published once a week for two consecutive weeks in the Northwest Arkansas Times, a daily newspaper published inT.Jashington County, Arkansas,cand having a general circulation in the City of Fayetteville, Arkansas, and that an abstract of certificate of title showing the owners of record had been attached to the petition prior to the time set for the public hearing; also that the utility companies had stated they had no objection to the vacating and abandoning of the street and alley. f 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 VACraTIPG AND ABANDONING CERTAIN STREETS AND ALLEYS IN THE RCCHIER ADDITION TO THE CITY OF FA"ETTEVILLE, ARKANSAS ,n Alderman Thomas then moved that the rule be suspended and the ordinance placed on the s econd reading. The motion was seconded by Alderman Watson and passed unanimously. The crdinance was then read for the second time. Alderman Wheeler then moved that therule be further suspended and the ordinance placed on the third and final reading. The modion was seconded by Alderman Thomas and passed unanimously, whereupon the ordinarc e was then read 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, `rlatmn, Wheeler, Thomas, Burgin, and Short. "NAY" None. There being seven AYES and no NAYS, the Mayor declared -the ordinance passed. `�3a04 It 4 ORDINANCE No. 1419 1��y AN ORDINANCE VACATING AND APANDCNING CERTAIN STREETS AND ALLEYS IN THE RCCHIER HEIGHTS ADDITION TO THE CITY OF FAvETTEVILLE, ARKANSAS. WHEREAS, a petition was duly filed with the City Council of the City of Fayetteville, Arkansas, on the 26th day of Octcber, 1964, asking the City Council td vacate and abandon certain streets and alleys ip the Rochier Heights Addition to the City of Fayetteville, Arkansas, and 1 WHEREAS, after due notice as required by law, the Council has, at the time and place mentioned in the notice, heard all persons desiring to be heard on the question and has ascertained that the street and alleys hereinbefore described, have heretofore been dedicated to the public use as streets and alley have not been actualldr used by the public generally for a period of at least five years subsequent to th filing of the plat;'that all the owners of the property abutting upon the street to be vacated have file with the Council their written consent to such abandonment, and that public interest and welfare will n be adversley affected by the abandonment of such street s and. alleys; NOWi THEREFORE, PE IT ORDAINED BY THE CITY COUNCIL OF. THE CITY OF FA`xET.TFVILLF., ARYAFSAS: SECTION 1. The City of Fayetteville, Arkansas, hereby releases, vacates and abandons all its right together with the rights of the piblic generally, in and to the streets and alleys designated as follows: That part of Paris Avenue extending from the South line of Rochier Street to 84 feet South of the South line of Grandview Street, and the alley lying South of Lots 1,2,3,4,5;6 and North of lots 7,8,9,10 and 11 of Block 6,.and also all of that part of Grandview Street lying East of Paris Avenue and lying South of said lots 7,8,9,10 and 11 of said Block 6 in Rochier Heights Addition to the City of Fayetteville, Arkans as per plat of said addition on file in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas, and reserving unto said City of Fayetteville, Arkansas, its successors and a a n easement or right -of -wap on, over under, and across the portion of said streets and alleys hereby vacated for the purpose of constructing, installing, operating, laying and relaying, relocating and maint all public. utilties now located or which may hereafter be located upon said vacated streets and alleys by said City, or any corporation having a franchise or right-of-way from said City, as a condition to the closing of said streets and allevs,the City shall be held free and harmless from liability as to any claims of the abutting owners for damages to the prorerty described herein, which may result from the Cit of other utility comapnies constructing, installing, operating, laying and relaying, relocating and main- taining all public utilities nov; located, or which may hereafter be located upon said vacated streets and alleys 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. SECTION 2. A copy of this 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 full force from and after its passage, approval and publication. PASSED A14D APPROVED THIS 9th day of November, 1964. r ATTEST: GEORGE �. MIS, CITY CLERK l APPROVED: GUY E. P -'Td, MAYOR The City Planner presented the petition of M.C. Aumick, Bertha Poore and Basil Nelson requesting the Council to rezone certain real estate from R-3 Multi -Family Residential District to C-3 Central Commercia District which had been approved by the Planning Commission. After a brief discussion, the City Attorney read a proposed ordinance in its entiretyentitled, "AN ORDINAN APTYNDING ZONING CRRDINANCE NO. 1239 AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED 14AY 282 1962, to REZ.CIdE CERTAIN ?TEAL ESTATE FROM R-3 M1'LTI-FAMIL" RESIDENTIAL DISTRICT TO C-3 CENTRAL COMMERCIAL DISTRICT." Alderman Thomas moved that the rule be suspended and the ordimnce placed on the second reading. The motion was seconded by Alderman Purgin and passed unanimously. The ordinance was then read for the second time. Alderman Purgin then moved that the rule be further suspended and the ordinance placed on the third and f reading. • The motion was seconded by Alderman Wheeler and passed unanimously. The ordinance was then read 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 Crdinance Pass?" 17pon roll call, the following vote was recorded: AYE, Heflin, Christie, Watson, Wheeler, Thomas, Burgin and Short. "NAY" None. There being seven ayes and no nays, the Mayor declared the ordinance passed. ORDINANCE NO. 1420 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239 ANP, REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS APPROVED MAY 283 1962, TO REZONE CERTAIN REAL ESTATE FROM R-3 MULTIFAMILY RESIDFN'TIAL DISTRICT TO C-3 CENTRAL COMMERCIAI. DISTRICT. WHEREAS, a. public hearing was held before the Planning Commission of the City of Fayetteville, Arks on November 3, 1964, on the petition of M.C. Aumick, Bertha Poore and Basil Nelson, requesting that siad 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 -crit: A part of Block 40 in the original plat of the City of Fayetteville, Arkansas, described as follows: Beginning at a point 86 feet rast of the Northwest corner of said Plock 40 and ranning thence East 237? feet; thence South 1412 feet; thence West 1622 feet; thence North 1412 feet, thence idest 70.8 feet to the middle of the alley, thence North bearing West with the middle of the alley 127 feet to the point of beginning, from R-3 Multi -Family Residential District to C-3 Central Commercial District, and WHEREAS, notice of said public hearing, setting forth the date, time and place and purposes of heari. and location of property was published in the Northwest Arkansas Times, a newspaper of general circulatio in said City, more than 15 days prior to said public hearing, and WHEREAS, following said public hearing, said P1anrii7 Commission certified to the City Council of t City of Fayetteville, Arkansas, its recommendation that an ordinance be adopted rezoning the above des- cribed property from R-3 Multi -Family Residnetial District to C-3 Central Commercial Rg�rI/District NCW1 T1E REFCRE, PE IT ORDAI14ED BY THE CITY COUNCIL OF THE CITY OF FAvETTEVILLE, ARKANSAS: SECTION 1, That the above described property presently zoned as R-3 Multi -Family Residential Dis- F, 3351 trict be, and the same is hereby rezoned to C-3 Central Commercial District, SECTION 2. That all ordinance or parts of ordinance in conflict herewith are hereby: repealed, and this ordinance shallbe in mill force and effect from and after its passage, approval and publication PASSED A14D APPROVED THIS 9th day of November, 1964. • APPROVED L&Iin ATTEST:,A� r GUY F,. ...OvIT1, MkvOR G RGF J. ZAVISp CITY CLERK I The City Planner reported that the owners of the Rolling Hills Subdivision had requested a Subdividers Contract for the Rolling Hills Additio: p1A to the City of Fayetteville, Arkansas, NreL"` Alderman Burgin moved that the City Clerk be and he is hereby authorized to execute A Subdividers Cop>,ra with the owners of Rolling Hills Addition. ; The motion was seconded by Alderman Thomas and passed unanimously. The City Planner reported that on November 18, 1963, the Planning Commission had held a public hearing relative to amending zoning ord. no. 1239, Article 4, Section 5, to provide that newly annexed territory should come into the City zoned as 0-1 Open Land District but no changes had been mdde in the zoning ordinance since that time in respect to newly annexed territory, After a very long discussion, the City Attorney introduced and at the request of the Council, read a proposed ordinance in its entirety for the first time, entitled, " AN ORDI14ANCE AME�'DING ZONING ORDINANC' NO. 1239 AND REVISED ZONING DISTRICT MAP OF FA7ETTEVILLE, ARKANSAS, APPROVED MAY 28, 19623 TO PROVIDE TH.. NF7,%my ANNEXED TERRITORY SHALL. COME IN ZONED AS 0-1 OPEN LAND DISTRICT." Alderman Burgin moved that the rule he suspended and the ordinance placed on the second reading. The motion was seconded by Alderman Wheeler and passed unanigously. The ordinance was then read for the second time. Alderman Heflin further moved that the ri:1e be further suspended and the ordinance placed on the third a: final reading. The motion was seconded by Alderman Burgin and passed unanimously, whereupon the ordinance was then read for the third and final time. The Mayor declared the ordinanceopen for discussion. There being no discussion, the Mgyor asked the question, "Shall the Ordinance Pass?" Upon roll call, the following vote was recorded: "AYE'", Heflin, Christie, Watson, Wheeler, Thomas, Burgin and Short. "NAY" None. There being seven "AvFS" and no °NAYS the Mayor declared the ordinance passed. NANCE I ORDINAPICE NO. 1421 1421 THIS AN ORDINANCE ANINDIN^ ZONING ORDINANCE No. 1239 AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLF,, ARK- ANSAS, APPROVED MAY 28, 1962, TO PROVIDE THAT NE..iLY ANNEXED TERRITORY SHALL CCME IF Z'NED 0-1 OPEN' LAbID DISTRICT. WL'.ER.EAS, on request of the City Council, a public hearing, was held before the Planning Commissi of the City of Fayetteville, Arkansas, on November 18, 1963,'to discuss a proposdd amendment of Z ning Ordinance No. 1239, Article IV, Section V. to provide that newly annexed territory should come into the City zoned as 0-1 Open Land District, and WHEREAS, notice of said public hearing, 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 Commission certified to the City Council of the City of Fayetteville, Arkansas, its recommendation thatn an ordinance be adopted amending said ordinance as requested by the City Council. NOW, THEREFORE, BE IT ORDAINED Pv THE CITY COUNCIL OF THE CITY OF FAvETTEVILL.E, ARKANSAS: SECTION 1. That Ordinance No, 1239, Article IV, Section V. be amended to read as follows, to -writ "Section 5. All territory which may hereafter be annexed to the City shall be governed by and subject to the requirmerts of 0-1 Open Land District until such time as the zoning District Map shall have been amended to authorize other use or uses for the newly annexed territory." SECTION 2. That all ordinance or parts of ordinances in conflict herewith are hereby repealed, and this ordinance shall be in full force and effect from and after its passage, approval, and publicati PASSED AND APPROVED THIS 9th day of November, 1964. APPROVED: GUY E. FROr1N, MAYOR ATTEST: GEORGIVJ,6,DATI5j CITY CLERK The above ordinance was VETOED by the Mayor,Guy E. Pil.own, hence no signature by the Mayor. The City Attorney introduced and at the request of the Council, read a propsed ordinance in its entirety entitled, "AN ORDINANCE ACCEPTING TERRITORY TO THE CITY OF FAYETTEVILLE, ARKANSAS, ASSIGNING SAID TERRITi TO WARDS, AND FOR OTHER PURPOSES." Alderman Burgin moved that the rule be suspended and the ordinance placed on the second reading. The motion was seconded by Alderman l'lheeler and passed unanimously, whereupon the ordinance w as then rea for the second time. Alderman Burgin then moved that the rule he further suspended and the ordinance placed on the third and final reading. Thd,motson was seconded by Alderman Wheeler and passed unanimously. The ordinance was then read for the third and last time. The Mayor declared the ordinance open for discussion. There being no discussion, the Nayor asked the question "Shall the ordinance Pass?" Upon roll call, the following vote was recorded: "AYE" Heflin, Christie, Watson, 4Jheefier, Thomas, Burgin and Short. "NAY" None. There being seven AYES and no NAYS, the baymr declared the ordinance passed. ORDINANCE N0, 1422 2 AN ORDINANCE ACCEPTING TERRITORv TC THE CITY OF FAvFTTEVIL AND FOR OTHER PURPOSES. LE, ARKANSAS, ASSIGNING SAID TERRITORY TO 336 WHEREAS, the County Court of Washington County, Arkansas, 'did on'October 30, 1964, make an Order annexing the following territory to the City of Fayetteville, Arkansas, to -wit: part of the Southwest r._.uarter of Section 35, Township 17 North, of Range 30 West, being more particularly described as follows, to -wit: Beginning at a point where the present boundary line of the City of Fayetteville, Arkansas, intersects the South line of the N4J;, of the SWC of Said Section, township and range; and running thence North 300 feet; thence West 150 feet, thence South 1312.3 feet; thence East 150 feet; thence North 1012.3 feet, more or .less, to the place of beginning, containing 3.5 acres, more or less. NOW, THEREFORE, BE IT CRDAINFD PV THE CITY COUNCIL OF THE CITY CF FA`'ETTEVILLE, ARKA17SnS: SECTION 1. That the annexation of the above described territory to the corporate limits of the City of Fayetteville, Arkansas, be and the same is hereby accepted. SECTION 2. That all of the above described territory is hereby assigned to and made a part of 2 of the City of Fayetteville, Arkansas. SECTION 3. That this ordinance shall be in full force and effect from and after its passage, approval and publication. PASSED AND APFROVED: this 9th day of November, 1964. ATTEST: AQAi GE9ORG . VIS, CITY CLERK APrROVED.:aga6 GUY E. .:ROWN, MAYOR Alderman Christie moved that the City Clerk be and he is hereby authorized and directed to execute a Release Deed for all of Block 1,2,3,4,5,6,7 and 8. Also Lots 1, Block 10. Lots 1;2,3,4 Block 9; and Lots 1,20,4,5,6, Block 15, all in Oaks Manor Addition to the City of Fayetteville, Arkansas. The motion was seconded by Alderman Wheeler and passed unanimously. Alderman Christie reported thgt the Parking on Country Club Road.had become hazardous and something shou] be done restricting the parking on this road. After a long discussion, the City Attorney introduced'and at the request of the Council read a proposed ordinance in its entirety for the first time entitled, "AN ORDINANCE AMENDING ORDINANCE N0. 1414 PROHIBIT THE PARKIr- OF VEHICLES ON CERTAIN DFSTGNATED STREETS.IN THE CITY OF FAYETTEVILLE, ARKANSAS, APTD FROVIDII A PEA?ALTY FOR VIOLATIONS THEREOF." Alderman Christie 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 ergs seconded by Alderman Heflin and passed unanimously. The ordinance was then read for the third and final time. The Mayor then declared the ordinance open for discussion. There being no discussion, the Mayor:sked the question "Shall the Ordinance Pass?" Upon roll call, the following vote was recorded: AYE Heflin, Christie, Watson, Wheeler, Thomas, Burgin-, and Short. NAY None. There being seven AYES and no NAYS, the Mayor declared the ordinance passed. Alderman Heflin moved that the Emergency Claude be adopted. The motion was seconded by Alderman Burgin aid upon roll call the following vote was recorded: AYE Heflin, Christie, Watson, Wheeler, Thomas, Burgin and Short. NAY None. There being seven AYES and no NAYS, the Mayor declared the Emergency Clause adopted. Gil ORDINANCE N0. 1423 AIB ORDINANCE AMENDING ORDINANCE NO. 1414 PROHIBITING THE PARKING OF VEHICLES ON CERTAIN DESIGNATED TPI THE CITY OF FAYETTEVILLE, ARKANSAS, AND. FROVIDING A PENALTY FOR VIOLATIONS THEREOF, RE IT ORDAINED BY THE CITY COUNCIL OF TIE CITY OF FAYETTEVILLE) ARKANSAS: SECTION 1. That Ordinance No. 1414 be amended to read as follows: "Section 1. It shallbe unlawful for any person, firm or corporation to park a vehicle of any kind whatsoever on either side of the pavement of the following designated streets in the City of Fayetteville Arkansas: Maple from Mission to Arkansas Avenue; Gregg f om Douglas to Dickson; University from Williams to Dickson; Douglas from Leverett to Gree (Only on the North side)¢ Beginning at the intersection of School Street and Sixth Street, proceeding thence East to Locust; thence South on Locust to Seventh Street; thence East on Seventh Street to 'stood Street and from W6dd,Street North to Highway 16 East; and Twenty - Fourth Street (Country.Club Road). SECTION 2. During the hours from 8:00 a.m. to 6:00 p.m., it shall be unlawful for any person, firm or corporation to park a vehicle whatsoever on either side of the pavement of the following de- signated streets in the City of Fayetteville, Arkansas, Leverett Avenue from Maple to Douglas (only oh the West Side); Meadow from Churdh to Plock; S from Church to College. SECTION 3. Any person, firm or corporation violating the provisions of this Ordinance shall be de guilty of a misdemeanor and upon conviction thereof shall be fined in a sum of not more than $25.00 for each offense." SECTION 2. It appearing that the above named streets are congested by reason of heave traffic, a necessary for the protection of the public health, and safety an emergency is hereby declared to exist, and this ordiaance, shall be in full force and effect from and after its }passage and approval. PASSED AND APPROVED THIS 9th day of November, 1964. A"PROVED: G— UY ET.'C?ltd, MAYOR ATTEST: ' GEORGE d. _AVIS, CITY CLERK The City Attorney read a resolution setting forth the date, time and place for a public hearing on a it being -? i petition by William L. Jack and Phoebe H. Jack to vacate and abandon that portion of Haddon Street between Bigger Avenue and Cherry Avenue in the City of Fayetteville, Arkansas, Alderman Short moved that the resolution be adopted. The motion was seconded b,r Alderman Burgin and passed unanimously, whereupon the Mayor declared the resolution adopted. RESOLUTION N0. 21-64 a� to WHEREAS, it appears that a petition to vacate and abandon Haddon Street, was duly filed by Wm. L. Jack and Phoebe H. Jack with the City Clerk of the City of Fayetteville, Arkansas, on the 9th day of November, 1964; and WHEREAS, it appears that this is the next regular meeting of the City Council following the filing of said petition. NCW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS, TO -WIT: SECTION 1. That the 23rd day of November, 1964, at 7:30 o'clock F.M., in the Council Room of the City Administration Building, be and the sameis hereby fixed as the time and place for the hearing upon said petition, SECTION 2. That the City Clerk of the City of Fayetteville, Arkansas, be and he is hereby direct, to give notice of such hearing to all interested persons by publication thereof once a week for tura (2) consecutive weeks in the Northwest Arkansas Times, a newspaper published inLLWashington County, Arkansas, and having a general circulation in the City of Fayetteville, Arkansas. PASSED AND AFFROVED THIS 9th day of November, 1964. APFROVED: C-UY E. sR '-MT, MAYOR ATTEST:_ �i�A� GEORGE dv WISY CITY CLERK There being no further business, Alderman Short moved to adjourn. The motion was seconded by Alderman Heflin and passed unanimously, whereupon the Mayor declared the meeting adjourned. ROVED:APP i'M f3ROWN•• ATTEST: GEORGE V, WTIS, CITY CLERK REGULAR The City Council of Fayetteville, Arkansas, met in Regular Session on Monday, November 23, 1964, at 7:30 SESSION P.M, in/the Council Room of the City Administration Building, Prese4: 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 and Aldermen: Heflin, Christie, Watson, Wheeler, Thomas, Burgin, Faucette and Short. �- Absent: Fire Chief Purl Skelton. - 1424 Th`e Ipinutes of The Regular Session held on November 9th, 1964, a copy of which had previsunly been mai to each of the aldermen, were approved as written. The Mayor reported this was the date, time and place set for a public hearing on a petition to abandon and vacate that portion of Haddon Street between Bigger Avenue and a street lying parallel to and one block South of said Bigger Avenue, not yet officially named, but known as Cherry Avenue, located in the Country Club Addition to the City of Fayetteville, Arkansas, The City Clerk reported that he had caused the notice of the public hearing to be published in the Northwest Arkansas Times, a. daily newspaper published in Washington County, Arkansas, and having a general circulation in the City of Fal•etteville, Arkansas, once a'week for two consecutive weeks, that also had an abstractor!Is Certificate of Title showing the owners of record of the real estate abutting upon said street, also a. resplution from the Planning Commission recommending that this street be vacat and abandoned and letters from the utlity;i companies stating they had no objection to the street being closed. There being no objection, the City Attorney read a proposed ordinance in its entirety, entitled, "AN ORDINANCE* VACATING AND ABARDONIPIG A PART. OF HAF^ON STREET.° Alderman Thomas moved that the ordinance pass. The motion was seconded by Alderman Wheeler and passed unanimously, urhereupon the Mayor declared the ordinance passed. ORDINANCE N0, 1424 AN ORDINANCE VACATING AND ABANDONING A FART OF HADDON STREET. WHEREAS, a petition was duly, filed with the City Council of the City of Fayetteville, Arkansas, on the 6th day of November, 1964, asking that the City Council to vacate and abandon part of Haddon Street, located in the Country Club Addition to the City of Fayetteville, Arkansas, and WHEREAS, after due notice as required by law, the Council has, at the time and place mentioned in the notice, heard all persons desiring to be heard on the question and has ascertained that the street hereinbefore described; has heretofore been dedicated to the public use as a street; has not been actually used by the public generally for a reriod of at least five years subsequent to the filing of the plat; that all the owners of the prol-erty abutting upon the street to be vacated have filed with the Council their written consent to such abandonment, and that public interest and welfare will not be adversel-y affected by the abandonment of such street, NO'A', THEREFORE, PE 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: That portion of Haddon Street between Bigger Avenue and a street lying parallel to and one block South o} said Bigger Avenue, not ,yet officially named, but known as Cherry Avenue, located in the Country Club Additi6n to the City of Fayetteville, Arkansas, and reserving unto said City of Fayetteville, Arkansas, its successors and assigns an easment or right -of -Tray, on, over under and across the portion of said street hereby vacated for the purpose of constructing, installing, operating, laying and relaying, re- locating and maintaining all public utilities now located or which ma.y hereafter be located upon said vacated street by said City., or any corporation having a franchise or right-of-way from said City, as a condition to the closing.of said petti'arof Haddon Street, the City shall be held'free and harmless from