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HomeMy WebLinkAbout1966-01-31 MinutesThe City Council of Fayetteville. Arkansas, met in regular session on Monday, January 31, 1966, at 7:30 P. M., in the Council Room of the City Administration Building. Present: May6r Guy E. Brown, City Clerk George J. Davis, City Controller Albert J. Jones, City Attorney ugh Kincaid, City Engineer W. C. Smith, Chief of Police Hollis Spencer, Fire Chief Burl Skelton, and ldermen: Heflin, Christie, Watson, Bone, Thomas, Burgin, Faucette, and Short. bsent: None. The minutes of the regular meeting on Monday, January 17, 1966, a copy of which had previously been to each of the Aldermen, were approved as written. Ordinance The City Planner presented the petition of Washington Masonic Lodge No. 1 for rezoning their property No. 1482 located east of U. S. Highway No. 71 North and on the north side of Masonic Drive from R-lA Single Fk Residential District to R-3 Multi -Family Residential District which had been approved and recommended the Planning Commission. I ' After a brief discussion, the City Attorney introduced and, at the request of the Council, read a prop ordinance in its entirety entitled, "AN ORDINANCE AMENDING ZONINT ORDINANCE NO. 12390 AND REVISED ZONI. DISTRICT MAP OF FAYETTEVILLE,•ARKANSAS, APPROVED MAY 283 1962,aTO REZONE CERTAIN R14L ESTATE FROM R -1B SINGLE FAMILY RESIDENTIAL DISTRICT TO R-3 MULTICFAMILY RESIDENTIAL DISTRICT" - Alderman Short then moved that the Ordinance pass. The motion was seconded by Alderman Christie and passed unanimously, whereupon the Mayor declared the Ordinance passed. ORDINANCE NO. -1482 AN ORDINANCE AMENDING ZONING•ORDINANCE N0. 12399 AND REUSED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, AFFORVED MAY 280 1962;ZO REZONE CERT.A,IN REAL ESTATE FROM R -IB SINGLE FAMILY RESIDENTIAL DISTRICT TO R-3 MULIT-FAMILY RESIDENTIAL DISTRICT. Wheaeas, a public hearing was held before the Planning Commission 66fthe City of Fayetteville, Arkansas, on December 21, 1965, on the petition of the Washington Masonic Lodge requesting that said Planning Commission recommend tbetbb City Council 66 the City of Fayetteville, Arkansas, that the City Council enact -an ordinance rezoning the following described property, presently zoned R -1B Single Family Residential District to R-3 Multi -family Residential District to -wit: Part of the NE 1/4 of the SE 1/4 of Section 26, Township 17 North, Range 30 .•.est, being more particularly described as follows, to -wit: Beginning at a point 759 feet south 66 the NE corner of said 40 Acre Tract, and running thence South 561 feet, more or less, the the Southeast corner of said 40 Acre Tract, thence West 685.5 feet North, thence 655 feet, more or less, to the center of Cemetery Road, thence 20 feet northeasterly with the center of said road, thence South 275 feet, more or less, the the Southwest corner of a lot cinveyed by grantor to Williams Eeeton, et- ux, thence East 298 feet, thence North 320 feet, more or less, the the center of Cemetery Road, thence South 116 feet to a point due west of beginning point, thence East 354 feet to the place of beginning, containing 7.92 acres, more or less, and except for strip of land 50 feet wide off the south end to be used as right of way. and, WF>)RMM- r�,notice of said public hearing, setting forth the date, time place and purpose of hearing, andlocation df the property was published in the Northwest Arkansas Tithes, a newspaperoof general circulation in such 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 Rgyetteville, Arkansas, its recommendation that the above-described property, presently zoned R -1B Single Family Residenti&I District be rezoned to R-3 Multi -family Residential District. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION11. That the above-described property, presently zoned R -1B Single Family Residential District, be and the same is hereby rezoned to R-3 Multi -Family Residential District. SECTION 2. That all ordinances or parts of ordinances in conflict herewith are kereby repealed, and this Ordinance shall be in full force and effect from and after its passage, approval and publication. FASSED AND APPROVE THIS--31et--- Day of January , 1966. vider M APPROVED: U./n Guy E. gown, Mayor ct Alderq= Thdmas moved that the -City Clerk be and he is hereby authorized to execute a subdivered's Acres. contract with ERSTAN, INC., and RAY ENGLAND on Lots 20 and 21 of Green Acres Addition to the City of Fayetteville, Arkansas. The motion was seconded by Alderman Christie and passed unanimously . The City Attorney introduced and, at the the request of the Council, read a proposed ordinance in itdsentirety bntitled, "AN ORDINANCE TO ACCEPT AND CONFIRM THE DEDICATION OF ALL STREETS, ALLEYS AND EASEMENTS IN THE REPLAT OF LOTS 20 and 21 OF GREEN ACRES ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS. " Alderman Short moved that the Ordinance pass. The motion seconded by Alderman Faucette and passed unanimoubly, whereupon the Mayor declared the ordinance passed. 4 aJ ORDINANCE. N0. 1483 Ordinance 1483 AN ORDINANCE TO ACCEPT AND CONFIRM THE DEDICATION OF ALL STREET, ALLEYS AND EASEMENTS IN THE REPLAT OF LATS 20 AND 21 OF GREEN ACRES ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS. WHEREAS, There has been duly presented to the City Council of the city 66 Fayetteville, Arkansas, a plat dabibd October 20, 1965, known as the Replat of Lots 20 and 21 of Green Acres Addition to the City of Fayetteville, Arkansas, in which the owners 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, Arkandas, has recommended the acceptance of said plat. NOW, THEREFOR, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF,FAYETTEVILLE, ARKANSAS: SECTION 1. That the City of Fayetteville, Arkansas, hereby accepts and confirms the dedication of all streets, alleys and easements dedicated in the Replat of Dots 20 and 21 of Green Acres Addition to the City of Fayetteville, Arkansas, and hereby declares said streets, alleys and easements to be public streets, alleys and easements, and the said City Council hereby assumes the care, control, and jurisdiction of the same. SECTION 2. That this Ordinance shall be in full force and effect from and after its passage, approval and publication. PASSED AND APPROVED this 31st day 66 January, 1966. APPROVED 2LI GUY E. BROWN, MAYOR ATTEST,, e GEORGE JaDA915, CITY CLERK The City Planner presented the petition of Julius H. Hellums and Elizabeth Falls Hellums to rezone ddrtain property which had been approved by the Planning Commission. A After a brief discussion the City Attorney introduced ands at the request of the Council, read a proposed ordinance in its entirety entitled, "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239, Ordinance No. AND REVISED ZONING DISTRICT MAP OF 1M -M. TEVILLE, ARKANSAS, APPROVED MAY 28, 1962s TO REZONE 1484I CERTAIN REAL ESTATE FROM R-lAASINGLE FAMILY RESIDENTIAL DISTRICT TO) R-3 MULTI=FAMILY DISTRICT." Alderman Burgin moved that the ordinance pal&. The motion was seconded by Alderman Hefinn and passed unanimouhly, whereupon the Mayor declared the Ordinance passsd. ORDINANCE N0, 1484 AN ORDINANCE AME14DING ZONING ORDINANCE N0. 1239, AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED MAY 28, 1962s TO REZONE CERTAIN REAL ESTATE FROM R-lA SINGLE FAD= RESIDENTIAL DISTRICT TO R-3 MULTI -FAMILY RESIDENTIAL DISTRICT. WHEREAS, a public hearing was held before the Planning Commission of the City of Fayettevelle, Arkansasyoon December 21, 1965, on the petition 66 Dulius H. Hellums and Elizabeth Falls Hellums, and Herbert L. Storthz requesting that said Planning Commission recommend to the City Council ordinance rezoning the following described property, presently zoned R-lA Single Family Residential Distrh%t, to R-3 Multi -Family Residential District, to -wit: A tract of llnd situated in the NW 1/4 of the SW 1/4 of Fractional Section 4, Township 16 16 North, Range 30 West of the 5th Principal Meridian, located in llashingtion County, Arkansas, more particularly decribed as follows: Beginning at a point that is 104.0 feet So6th of the NW corner of the NSI 1/4 fo the SW 1/4 of said Fractional Section 4; thence South 556.0 feet; thence North 890 39' East, 664.0 feet; thence. -North 00,16'Weat's'�556.0 feet, thence South 390 39' West, 661.5 fret tb the point of beginning less and except all that part lying in the right of way of State Highway No. 112 and containing 8.4 acres, more'or less; and WHEREAS, notice of said public hearing, setting:forth tie date, time, place and purpose of hearing, and location of the property was publised 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 that the above-described property, presently zoned R-lA Single Family Residentill District, be rezoned to R-3 Multi -Family Residential District. NOW, THEREFORE, BE IT ORDAINED BY THE CITY. COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the above-described property, presently zoned R-lA Single Family Residential District, be and the same is hereby rezoned to R-3 Multi -Family Residentill District. SECTION 2. That all ordinances or parts of ordinances in conflict herewith are boreby repealed, and this Ordinance shall be in full force and effect from and after its passage, approval and publication. PASSED AND APPROVED this 31st.day 66 January, 1966. APPROVED: G[JY E. BROWN, MAYOR ATTESTC�ss=�S'++�P GEORGE J. DA S,iIVITY CLERK tm The City Planner presented a petition from Audid V Millsap and Frnak Potts to rezpne certain real estate which had been recommended 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 intirety entitled, " AN ORDINANCE AMENDING ZONING" ORDINANCE NO. 1239, fiND REVISED ZONING DISTRICT MAP OF FAT&TTEVILLE, ARKANSAS, APPROVED MAY 280 1962, TO REZONE CERTAIN REAL ESTATE FROM R -1B SINGLE FAMILY RESIDENTIAL DISTRICT TO C-2 THOROUGHFARE COMMERCIAL DISTRICT." Alderman Bergin moved that the Ordinance paEsi/ The motion was seconded by Alderman Thomas and passed unanimod3$y, whereupon the Mayor declared the Ordinance passed. nance ORDINANCE NC, 1485 1485 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 12399 WD REVISED ZONING DISTRICT MAP OF FATETTEVILLE, ARKANSAS, APPROVED MAY 28, 19620 TO REZONE CERTAIN REAL ESTATE FROM R -1B SINGLE FAMILY RESIDENTIAL EISTRICT TO C-2 THOROUGHFARE CONIMI CIAL DISTRICT. WHEREAS, a public hearing was held before the Planning Commission of the City of Fayetteville, Arkansas on December 21, 1965, on the petition of Audie V. Millsay and Frnak Potts requesting that said Planning Commission recommend to the City Council of the City of Fayetteville, Arkansas, that the City Council enact an ordinance reaoning the following described property, presentey zoned R -1B Single Family Residential District, To C-2 Thoroughfare Commercial District, to -wit: Part of the NE1/4 of theSSE 1/4 of Section 26, Township.17 Ngrth, Range 30 West described as beginning at a point which is 512.25 feet South of the NW corner of the NE11/4 of the SE 1/4 of said Section 26 to a point on the center line of U. S. Highway 71 .for a beginning point; thence North 840 East 436 feet6 thence South 401 East 225.75 feet; to the center line of Cemetery Road; thence South 84 West with the center lige of said road 458 feet to the center line of U. S. Highway 71, thence North along the center line of,U. S. Highway 71 to the place of beginning. WHEREAS, NotrriaeE6Spaaid public hearing, setting forth the date, time, place and purpose of hearing, and location of the property was published in the Northwest Arkansas Times, a newspaper of general circulation in said City, more than 15 days prior to said public hearing, and WHEREAS, Following said public hearing said Planning Commission certified to the Qty Council of the City of Fayetteville, Arkansas, its recommendation that an ordinance be adopted rezoning the above-described ppoperty, presently zoned R -1B Single Family Residentill District, to C-2 Thoroughfare Commercial District. NOW, THEREFORE$' BE IT ORDAINED BY THE CTTY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: WHEREAS, a petition was duly filed with the City Council of the City of Fayetteville, Arkansas, on the 17th day of January, 1966, asking the City Council to vacate and abandon a portion of an alley in A. L. Trent Subdisision of Oak Grove Addition to the City of Fayetteville, Arkansas, and in Block 14 Revised Plat of Blocks 14 and 15 in City Park Addition to the City of Fayetteville, Arkansas, more particularly described as follows: Beginning at the Southwest corner of Lot ($) in Block (3) of A. L. Trent Subdivision of Oak Grove Addition to the City of Fayetteville, Arkansas, and running thence in a Northerly direction with the West line of said Lot (4) to the Northwest corner of said Lot (4); thence continuing in a Northerly direction with the West line of Lot (2) of Block (14) Revised Plat of Blocks (14) and (15) of City Park Addition to the City of Fayetteville to the NArthwest corner of said Lot (2) aforesaid; thence continuing in a Northerly direction with the West line of Lot (1) of Block (14) of the Revised Blat of Blocks•14 and 15 of said City Park Addition to the Northwest corner of said Lot (1); thence in anNorthwesterly direction'* with the South line of TRENTION DCULEVARD to the Northeast corner of Lot (34 in Block week for two tive weeks, SECTIONII. That the above-described property, presently,zoned R -1B Single Family Residential District, be and the same is hereby rezoned to C-2 Thoroughfare Commercial District. SECTION22. That all ordinances or parts of ordinanges in conflict herewith are hereby repealed, and this Ordinance shall be in full force and effect from and after its passage, approval and publication. PASSED AND APPROVED this 31st day 86 January, 1966. APPROVED: AW/A GUY E. FROWN, MAYOR ATTEST: �- 7' GEORGE J. XAV&Ss CITY CLERK )Lie The Mayor reported that this was the date, time, and place set for a public hearing on the petition (ring of O.H. Gamble and Christine Gamble; Buell B. Woods and Lillion C Woods; Murray F. Lewis and Petition Willeam A. Lewis, to vacate and abandon a portion of an alley in A. L. Trent Subdivision of Oak Grove vacate Addition to the City of Fatetteville, Arkansas and in block 14 revised plat of blocks 14 and .ey, 15 in City Park Addition to the city of Fayetteville, Arkansas. The City Clerk reported that he had called a notice 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 Fayetteville, Arkansas, onoe and he further reported that an abstractorts Certificate .Of Title showing the owners of Record cons had been attached to the petition prior to the date set for the public hearing and that letters were attached to the petition from each of the utility companies stating they had no objection to the vacatin and a abanddn#ng of said alleys. After the hearing at which time there were no particular objections, the City Attorney introduced and, at the request of the Council, read a proposed ordinance in its entirety entitled, " AN ORDINANCE VACTING AND ABANDONING A PROTIOPI OF AN ALTEtY IN A. L. TRENT SUP.DISISICN OF OAK GROVE ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AND IN BLOCK 14 OF REVISED PLAT OF BLOCKS 14 AND 15 IN CITY PARK ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS." Alderman Watson moved that the Ordinance pass. The motion was seconded by Alderman Heflin and passed unanimoubly, whereupon the Mayor declarcdtthe Ordinance passed. finance ORDINCANCE 140.1486 1486 AN ORDINANCE VACATING AND ABANDONING A PORTION OF AN ALLEY IN A. L. TRENT SUBDIVISION OF OAK GROVE ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AND IN BLOCK L$ OF REVISED PLAT OF BLOCK 14 ARID 15 IN CITY PARK ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS. WHEREAS, a petition was duly filed with the City Council of the City of Fayetteville, Arkansas, on the 17th day of January, 1966, asking the City Council to vacate and abandon a portion of an alley in A. L. Trent Subdisision of Oak Grove Addition to the City of Fayetteville, Arkansas, and in Block 14 Revised Plat of Blocks 14 and 15 in City Park Addition to the City of Fayetteville, Arkansas, more particularly described as follows: Beginning at the Southwest corner of Lot ($) in Block (3) of A. L. Trent Subdivision of Oak Grove Addition to the City of Fayetteville, Arkansas, and running thence in a Northerly direction with the West line of said Lot (4) to the Northwest corner of said Lot (4); thence continuing in a Northerly direction with the West line of Lot (2) of Block (14) Revised Plat of Blocks (14) and (15) of City Park Addition to the City of Fayetteville to the NArthwest corner of said Lot (2) aforesaid; thence continuing in a Northerly direction with the West line of Lot (1) of Block (14) of the Revised Blat of Blocks•14 and 15 of said City Park Addition to the Northwest corner of said Lot (1); thence in anNorthwesterly direction'* with the South line of TRENTION DCULEVARD to the Northeast corner of Lot (34 in Block week for two tive weeks, 457 Ordinance No. (14) Revised Plat of Blocks 14 and 15 of City Park Addition; thence in a 1486 (cont.) Southwesterly direction along the East lines of Lots (3) and (4) in Block (14) of the Revised Plat of Blocks 14 and 15 City Park Addition and also along the East line of Block (3) in A. L. Trent Subdivision of Oak Grove Addition to a point West'of the point of peginnin; thence East (12) feet, more or less, to the point of beginning. and, WHEREAS, after due notice 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 that the portion of the alley herein before described, has theretofore been dedicated to the public use as an alley; 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 abuttibM upon the portion of the alley to be vacated have filed with the Council their written consent to such abandonment, and that the public interest and welfare will not be adversely affected by the abondonment of such alley. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS, SECTION 1. The City of Fayetteville, Arkansas, hereby releases, vacates and abandons 1 its rights, together with the rights of tjro public generally, in and to the &fore described rtion of an alley located in A. L. Trent Subdivision of Oak Grove Addition to the City Fayetteville, Arkansas, and in Block 14 of Revised Plat of Blocks 14 and 15 in City Park dition to the City of Fayetteville, Arkansas, and reserves into said City of Fayetteville, kansas, its successors and assigns an easement or right of way, on, over, under, and across the rtion of said alley hereby vacated, for the purpose of construction, installing, operating, ying, and relaying, relocating and maintaining all public utilities now located or which may reafter be located upon said vacated alley by said City, or any corporation having a franchise right of way from said City. As a condition to the closing of said portion of an alley, the ty shall be held free and harmless from liability as to any claims of the abutting owners for mages to the property described herein, which may result from the City or other utility companies nstructing, installing, operating, laying, and relaying, relocating and maintaining all blit utilities now located, or which may hereafter be located upon said vacated alley, and rther the petitioners agbee that they will refrain from altering or changing the gradeof the rrian, which would cause damage to utility lines located in the area. SECTION22. A copy of this Ordinance duly certified by the City Clerk shall be filed in office of the recorder 66 the County and recorded with deed records of the County. SECTION 3. This Ordinance shall take eff€ct and be in force from and after its passage, al and publication. PASSED AND APFROVED this 31st day of January, 1966, APPROVED: GUY E. FZWN3 MAYOR 4 ...,....vw...,....., �A. n mo lderman Bergin moved that the street superintendent be authorized to make a survey of Louise Street from Forest avenue to College Avenue and of Highland Davidson to Trenton Boulevard relative o the feasibility of opening these streets. he motion was seconded by Alderman Short and passed unanimously. The City Attorney introduced and, at the request of the Council, read a proposed ordinance in its entirety ehttitled, "AN ORDINANCE TO ACCEPT AND CONFIRM THE DEDICATION OF A RIGHT OF WAY'FOR THE PURPOSE OF A PUBLIC STREET, TO BE NAMED FOURTH STREET, IN THE CITY OF FAYETTEVILLE; ARKANSAS.° Alderman Short moved that the Ordinance pass. The motion res seconded by Alderman Christie and passed unanimously, whereupon the Mayor declared the Ordinance passed. 1048 nance Ni. I ORDINANCE 1487 AN ORDINANCE TO ACCEPT AND CONFIRM THE DEDICATION OF A RIGHT OF WAY FOR THE P17RPOSE OF A PUBLIC STREET, TO BE NAMED FOURTH STREET, IN THE CITY OF FAYETTEVILLE, ARKANSAS. WHEREAS, there has been duly presented to the City Council of the City of Fayetteville, Arkansas, a right-of-way deed, executed by Elizabeth D. Connell and dated January 28, 1966, wherein, the owner has dedicated for use as a public street, the following described tract of land situated in Wahhing County, Arkansas, to=wit: A tract of land situated in Section 14, Township 16 NRrth, Range 30 West of the Fifth Principal Meridian, located in Wabhington County, Arkansas, more particularly described as follows: Beginning at the southeast corner of the SF 1/4 of the SW 1/4 of said Section 14, thence North 667.0 feet: thence N 890 31' West, 653.0 feet; thence North 00 36' Fast, 305.0 feet for a point of beginning, thence North 890 31' West, 643.7 feetito the right of way line of Happy Hollow Road: thence North 00 36' East along said read, 50.0 feet; thence 890 31' East, 643.7 feet, thence South Oo 36' West, 50.0 feet to the point of beginning. and, WHEREAS, said dedication street is onaalline with Fourth Street in the City of Fayetteville, Arkansas, and should therefore be named Fourth Street also, although said streets do not actually connect. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY OF FAYETTEVILLE, ARKANSAS: sssss r4i8 SECTION 1. That the City of Fayetteville, Arkansas, hereby accepts and confirms the dbdication of the above-described tract of land, and hereby declares said land to be a public street, and the said City Council hereby assumes the care, control and jurisdiction of same. SECTION 2. That .the said street be and the same hereby is'named "Fourth Street". SECTION33. That this ordinance shall be in full force and effect from and after its passage, approval and publication. PASSED ARID APPROVED this 31st day of January, 1966. APPROVED: l4� IMS /7U : I U BRO1*11 O. 5 1./I reffliMM F 70 RNER 6 &WO aDI The City Attorney read a letter of intent outlining Conditions for Permitting Construction of Water Mains to Sunfise Mountain Area. Alderman Short moved to approve the form letter and he further moved that it be spread on the minutes as a permanenVecord. The motion 4 seconded by Alderman Bone and passed unanimously. LETTER OF UNDERSTANDING of Fayetteville, Arkansas andinR Januarys 31, 1966 WHEREAS, The undersigned group of property owners whose properties lie within the coporate limits of the City of Fayetteville, Arkansas, and located on Sunrise Mountain in the southwest part of the City, desire to construct a water main to serve said properties, and WHEREAS, A meeting was held between these property owners and the Water Committee of the City Council 6n January 25, 1966, to discuss the conditions under which they could construct said mains. That it was agreed, subject to CitylCouncil approval, to permit the construction of the mains and serve the property owners under the*conditions mfsthd balnw,aaddebbat this letter of understanding shall be executed by the owners and the Fayetteville Water Department; with the City Water Superintendent as the agent for the City. That this letter of understanding shall be filed in the filed of the City for future reference. CONDITIONS FOR PERMITTING CONSTRUCTION OF WATER MAINS TO SUNRISE MOUNTAIN AREA: 1. That all work be planned and the work supervised by a Registered Professional Engineer, and that the plans be approved by the City Water Superintendent and the Arkansas Health Department prior to construction. 2. That the Property owners secure in writing permission from Fayetteville Suburban Watee District No. 1 to connect to the said District main on Highway 71, and a copy of said letter be furnished the City. 3. That materials for the mains and valves, ntc., shall be the same as used by the Water Department in Fayetteville, and that the work shall be done in accordance with standard acceptable engineering practices. 4. That the entire cost of the construction shall be paid by the property owners, including the necessary Frisco Railroad crossing easement, the Arkansas State Highway Permit (fBr crossing U. S. Highway and the engineering costs. 5. That the title to the entire system of mains so construced shall be vested in the City, for and in consideration of their perpetual maintenance by the City Water Department. 6. That the property owners waive any right or rights to be reimbursed from the City for connections made into said constructed mains of the trunk main from U. S. Highway 71 to Sunrise Mountain in less that six inches inside diameter. 7. That all consumers of water from said mains shall comply with all Ordinances and/or Rules and Regulations governing the operation of the Water Department of the City of Fayetteville. 8. That the City Water Department will not make any water service connections to residences outside the corporate limits of the City. 9. That in theevent the trunk main mentioned in paragraph 6 above is less that 6 inches, the engineer for the work shall give the City Water Department a letter stating the total number of consumers which the main system will suppoot adequately, and the City in turn will not connect more that this determined number. 10. That in theevent the trunk main mentioned in paragraph 6 above is less than 6 inches, the engineer for the work shall give the City Water Department a letter stating the total number of consumers which the main system will support adequately, and the City in turn will not connect more than this determined number. It is recognized by all parties whose signatures appear below that less than 6 inch trunk main to the mountain will be insufficient to provide fore portectioh and adequately serve this and adjoining areas with water, and that in time as the area develops, the City will at its expense have to replace these inadequate mains with larger ones. Letter of Understanding (cont.)I The parties whose signatures appear below agree to all the conditions and provisions of this "Letter of Understandings." Resolution CITY OF FAYETTEVELLE, ARKANSAS Resloution Number 2-66 WHEREAS, the Position of Mayor of the City of Fayetteville is by no stretch of the imagination a bed of roses, and WHEREAS, a person serving in this capacity must_ be blessed with a strong consitution and imbued with a high sense of civic mindedness, and WHEREAS, one in this position receives more criticism than praise for his efforts, and WHEREAS, The City Council is in better position to know of the unstining service, dedication and oneness of pappose evidenced by Mayor Guy E. Brown in the pursuance of his duties as Chief Executive of the City, NOW, TIIEREFORE, BE IT RESOLVED: That the City Council of Fayetteville, Arkansas, does hereby proclaim the Honorable Guy E. Brown a Distinguished Citizen of the City; commend and sincerely thank him for the service he has rendered as Mayor, and cause -this Resolution to be inscribed indelibly on a tablet that will be memorium to his friendship, courage and devotion to duty. PASSED AND APPROVED by the City Council of the City of Fayetteville this thirty-first day of January, 1966. (S)_Laverne_Heflin Laverne Heflin (S) Arnold Christie Arnold Christie (S) Edmond Watson Edmond Watson (S) Wells Bone Wells Bone (S) Grover Thomas Grover Thomas (S) Ellis Burgin Ellis Burgin (S) George Faucette George Faucette (S) Carter Short Carter Short 4591 Water Department Property Owners City of Fayetteville, Arkansas Sunrise Mountain Area By Superintendent Date ( See action of City Council in Minutes of January 31, 1966, Regular Meeting Page 458. Authorized Released deed Alderman Christie moved that the City Clerk be and he is hereby authorized to execute a/eleased' for part of I eed for Lots 2,3,4,5,6,7,8,9,al0 and 11 of Block 10; Lots 7, e, 9 of Block 9; Lots 1, 2, 3, and Oa4'Manor Add. 4 of Block U, Oaks Manor Addition to the City of Fayetteville, Arkansas. (The motion was seconded by Alderman Bergin and upon roll call the following voteswas recorded; "Aye" Heflin, Christie, Watson, Thomas, Bergin, Faucette, and Short. "Nay" none. "Abstaining" Bone. There being seven "Ayes' no "Nay",with only one "Abstaining", the Mayor declared the motion passed. Appoint City Alderman Short moved to appoint the City Attorney to represent the City and City Officials in the Attorney to litigation now pending in the Chancery Court of Washington County, Arkansas, in which Jerry represent City Sweetser and Evertt Buckner are Elaintiffs and the City of Fayetteville Mayor, City Council, in Jerry Sweetser and Building Inspector are the Defednats. The motion was seconded by Alderman Thomas and litigation. I passed unanimously. Transfer Funds Alderman Short moved to transfer $21,028.26 from the unapprotriated surplus of the Public Works to Contingency Fund to the Contingency Fund for the cost of the asphalt machine and roller purchased from Fund. the Contingency Fund in 1965 for the Street Department. The motion was seconded by Alderman Thomas and passed unanimously. Authorize Alderman Shore then moved to pay off the $6,000.00 Little League notes from the unappropiated payment Little surplus of the General Fund and set up an accounts Receivable from the Little League for the League Nltes. total amount due the City of Fayetteville. I The motion was seconded by Alderman Bergin and passed unanimously. Authorize Alderman Short then moved to pay off the $4,800.00 Parking Meter *Totes on Off-street Parking Lot No. 7 payment of from the unappropiated surplus of the General Fuhd. notes for The motion was seconded by Alderman Thomas and passed unanimously. Parking Lot No. 7 Alderman Short read a resolution which had been passed by the Council by acclamation and had been signed by the members of the City Council and Attested by the CLtyCC19pk which was spread on the minutes and reads as follows; Resolution CITY OF FAYETTEVELLE, ARKANSAS Resloution Number 2-66 WHEREAS, the Position of Mayor of the City of Fayetteville is by no stretch of the imagination a bed of roses, and WHEREAS, a person serving in this capacity must_ be blessed with a strong consitution and imbued with a high sense of civic mindedness, and WHEREAS, one in this position receives more criticism than praise for his efforts, and WHEREAS, The City Council is in better position to know of the unstining service, dedication and oneness of pappose evidenced by Mayor Guy E. Brown in the pursuance of his duties as Chief Executive of the City, NOW, TIIEREFORE, BE IT RESOLVED: That the City Council of Fayetteville, Arkansas, does hereby proclaim the Honorable Guy E. Brown a Distinguished Citizen of the City; commend and sincerely thank him for the service he has rendered as Mayor, and cause -this Resolution to be inscribed indelibly on a tablet that will be memorium to his friendship, courage and devotion to duty. PASSED AND APPROVED by the City Council of the City of Fayetteville this thirty-first day of January, 1966. (S)_Laverne_Heflin Laverne Heflin (S) Arnold Christie Arnold Christie (S) Edmond Watson Edmond Watson (S) Wells Bone Wells Bone (S) Grover Thomas Grover Thomas (S) Ellis Burgin Ellis Burgin (S) George Faucette George Faucette (S) Carter Short Carter Short 4591 AM I Ste Sto chase of tractors Dept. i on Tractors �a F Alderman Christie reported that bids had been received and opened for the purchase of two tractors with one digger and two loaders for the Street Department. He further reported that three bids were received and that the one by O'Roard Ford Tractor Company, ForthSmith, Arkansas was the low bid at a net cost to the City of $13,874.10 and that the Street Committee recommended the purchase fvom the company. Alderman Christie moved to authorize the purchade of two tractors, with one digger and two loaders from O'Roark Ford Tractor Company Fort Smith, Arkansas according to specifications furnished by the Street Superintendent at a cost of $17,933.10 less credit for two Ford Street Department Tractors with one digger and two loaders in the aavnount $4,059.00 or a net cost to the City $13.854.10. The motion was peemdeU by Alderman Heflin and passed unanimously. O'Roark�Ford Tractor Company Base Bid $17.933.10 Trade-in $,059.00 Net eost $13,874.10 There being no further business, Alderman Watson moved to adjourn. The motion was seconded by Alderman Heflin and passed unanimously, whereupon the Mayor declared the meeting adjourned. .'r.0'/ 1 a. 4TW5 IiJ� E. BROWN, The City Council of Fayetteville, Arkansas,meet in special session on Friday, Febuary 11, 1966, at 12:00 o'clock noon at the Downtown Motor Lodge. C,ty Gef K Quo agV'Is Present: Mayor Gug E Brown, t J. Jones, City Attorney Hugh Kincaid, City Engineer W. C. Smith, and -Alderman: Heflin, Christie, Watson, Bone, Themas, Burgin, Faucette, Short. "s bL C' _ Ncne., The Mayor reported that the purpose of the meeting was to discuss the rneappointing of Ellis Shelton to Library Commission, moving water line at University of Arkansas, request bids on water line to Baldwin, approve low bids on cars for Policy Department, and that all members of the Council had been - notified by U. S. mail and by telephone. The Qty Attorney read a revised contract proposal between the City of Fayetteville and Suburban Water District No. 1 (Greenland). Afteraa long discussionAlderman Burgin moved to adopt a resolution athorizing the Mayor and City Clerk to execute the cAumended contract. The motion was seconded by AldermandWatson and passed unanimously. RESOLUTION NUMPER 3-66 WHEREAS, there are housed located within the City limits of the City of Greenland, Arkansas, that are outside the boundaries of Suburban Water District No. 1, that needs water; and WHEREAS, in view of the negotiations between the City Councils of the City of Fayetteville and the City of Greenland, an amended contract has been approved by the City Council of the City of Fayetteville, Arkansas; NOW, THEREFORE, BE IT RESOVED by the City Council of Fayetteville, Arkansas, that the Mayor and City Clerk be, and they are hereby authorized and directed to sign the amended contract; and BE IT FURTHER RESOLVED, that acceptance of the said contract by the City of Greenland, Arkansas, by made by appropriate resloution passed and approved by the City (buncil of Greenland, Arkansas, on or before 5:00 P.m., Saturday, February 12, 1966. PASSED AND APPROVED this 11th day of February, 1966. APPROVED: ATTEST: Alderman Short moved to reappoint Ellis Shelton to Library Commission. The motion was seconded by Alderman Watson and passed unanimously.