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HomeMy WebLinkAbout1968-04-30 Minutes265 Special Meeting. The Board of Directors of the City of Fayetteville, Arkansas, met in special session at its regular meetii AMOUNT place in Fayetteville, Arkansas, at 7:30 o'clock P. M. CDST., on the 30th day of April, 1968. Present: Mayor Don Trumbo, City Clerk George J. Davis, and Directors: James T. Kerlin, Mrs. Sylvia Swartz Joe McFerran, Garland Melton,Jr., Arnold Christie, and Dale Dunn. $182000 Absent: None. ' 191000 The Mayor stated that consideration should be given to an ordinance calling a special election on the 1973 question of issuing bonds under Amendment No. 49 to the Constitution of the State of Arkansas. This was a T.J.Keith, News matter with which the Board was familiar and after a discussion, Director Melton introduced an ordinance Reporter for entitled, "AN ORDINANCE CALLING A SPECIAL ELECTION ON THE QUESTION OF ISSUING BONDS UNDER THE PROVISIONS N.W.Ark.Times, 222000 AMENDMENT N0. 49 TO THE CONSTITUTION OF THE STATE OF ARKANSAS FOR THE PURPOSE OF SECURING AND DEVELOPING alsoi,present. 1976 INDUSTRY (THE PARTICULAR INDUSTRIAL UNDERTAKING IS DESCRIBED IN THE ORDINANCE); PRESCRIBINrG OTHER MATTERS PERTAINING THERETO; AND DECLARING AN EMERGENCY"* 242000 and the City Clerk read the ordinance in full. 1978 25,000 Director Melton seconded by Director Dunn, moved that the rule requiring the reading of an ordinance or 1979 , resolution in full on three different days be suspended and that the ordinance be placed on its second reading. The Mayor put the question on the adoption of the motion and the roll being called, the followin Ordinance No. voted "Aye"Kerlin, Swartz, McFerran, Melton, Christie, Trumbo, and Dunn. 1598 "Nay" None. Thereupon the Mayor declared that at least two-thirds of all members of the Board having voted in favor o the motion to suspend the rule, the motion was carried and the rule suspended. Industrial Ordim Park The Ordinance was then read for the second time. Bond nce Director Christie, seconded by Director McFerran, then moved that the rule requiring the reading of an ordinance in full on three different days be further suspended and that the Ordinance be placed on ite third and final reading. The Mayor put the question on the adoption of the motion and the roll being called the following voted "Aye"; Kerlin, Swartz, McFerran, Melton, Christie, Trumbo, and Dunn, and the following voted "Nay": None. The Mayor then declared that at least two-thirds of all members elected to the Board having voted in favo of the motion to suspend the rule, the motion was carried and the rule suspended. The Ordinance was then read for the third and last time. Director Melton, seconded by Direct6i: McFerran, moved that the Ordinance be adopted. The question was put by the Mayor on the adoption of the motion and the roll being called, the following voted "Aye": Kerlin, Swartz, McFerran, Melton, Christie, Trumbo, and Dunn, and the following voted "Nay" None. Director Christie, seconded by Director Swartz, moved that Section 7, the emergency clause, be adopted, and on roll call the following voted "Aye" Kerlin, Swartz, McFerran, Melton, Christie, Trumbo, and Dunn, and the following voted "Nay": None. The Mayor thereupon declared the Ordinance and the Emergency Clause adopted and signed the Ordinance, which was attested by the City Clerk and impressed with the seal of the City. The Ordinance was given No. 1598. ORDINANCE N0. 1598 AN ORDINANCE CALLING A SPECIAL ELECTION ON THE QUESTION OF ISSUING BONDS UNDER THE PROVISIONS OF AMENDMEN N0, 49 TO THE CONSTITUTION OF THE STATE OF ARKANSAS FOR THE PURPOSE OF SECURING AND DEVELOPING INDUSTRY (THE PARTICULAR INDUSTRIAL UNDERTAKING IS DESCRIBED IN THE ORDINANCE); PRESCRIBING OTHER MATTERS PERTAINI THERETO; AND DECLARING AN EMERGENCY. WHEREAS the City of Fayetteville, Arkansas (called "City") is a city of the first class under the laws of the State of ".rkansas and has not issued any bonds under Amendment No. 49 to the Constitution of the State of Arkansas (called Amendment No. 4911); and WHEREAS the City is located in Washington County, Arkansas and Washington County has not issued any bonds under Amendment No. 49; and SvH EREAS for some time the City has engaged in a study of the ways and means of securing and developing industry and financing the same, in order that the City and its inhabitants may receive the public benefits flowing therefrom, including, without limitation, alleviation of unemployment, o'taining of additional employment, ohtaining of additional payrolls and other benefits; and ' WHEREAS is has been determined that there should be undertaken at this time a program of securing and developing industry consisting of the acquisition of lands and the constructing of improvements and facilities thereon and the making of expenditures necessary of desirable fdr the full utilization of the lands, improvements and facilities, and the sale, lease or other disposition of portions thereof from time to time (called the "Project"); and WHEREAS it has been determined that the City will need to furnish not to exceed $550,000 and that the only feasible method of obtaining the funds needed by the City is the issuance, subject to the appro of the electors, of bonds under Amendment No. 49; NOW, THEREFORE, BE IT ORDAINED by the Board of Directors of the City of Fayetteville, Arkansas: Section 1. That a special election be, and the, same is hereby, called to be held in the City on the 4th day of June, 1968, at which election there will be submitted to the electors of the City the question of issuing General Obligation Industrial Development Bonds under the provisions of Amendment No. 49 in an amount not to exceed $550,000 for the purpose of securing the developing industry (the Project has been heretofore described). The bonds will be dated July 1, 1968 with interest thereon payable semiannually on January 1 and July 1 of each year, commencing January 1, 1969, at the rate or rates accepted by the City at the public sale of the fonds, and the bonds shall mature annually on July 1 in each year as set forth in the following schedule, but shall be subject to redemption prior to maturity in such manner and upon such terms as shall be specified in the Ordinance authorizing the issuance of the bonds: YEAR. AMOUNT 1971 $182000 1972 191000 1973 20,000 1974 21,000 1975 222000 1976 23,000 1977 242000 1978 25,000 1979 262000 1980 272G00 In 1598 (Cont.) City not to issue Bonds if YEAR issuance of bonds AMOUNT Amendment No. 49 to the Constitution '1981 $28,000 1982 291000 1983 30,0001 1984 31,000 1985 32,000 1986 33,000 1987 343000 1988 35,000 1989 36,000 1990 37,000 Section 2. That the question shall be placed on the !allot for the special election in the following form: Vote on measure by placing an "X" in the square above the measure either for or against: For the issuance of bonds under Amendment No. 49tto the Constitution of the Sthte of Arkan- sas in the principal amount of, not to exceed $5502000 =% Against the issuance of bonds under Amendment No. 49 to the Constitution of the State of arkansas in the principal amount of not to exceed $550,000 . . . . . .2% It is proposed to issue City of Fayetteville, Arkansas (called "City") General Obligation Industrial Development Bonds under Amendment No. 49 to the Constitution of the State of Arkansas in the principal amount of not to exceed $550,000 for the purpose Of securing and developing industry (called "bonds"). The bonds will be dated July 1; 1968, interest thereon.shall be payable January 1 and July 1 of each year commencing Januaryll, 1968, at the rate ox' rates accepted by the City at the public sale of the bonds and the bonds will mature annually on July 1 in each of the years 1971 to 1990, inclusive, but shall be subject to redemption prior to maturity in such manner and upon such terms as s:, shall be specified in the Ordinance authorizing their issuance. The program of securing and developing industry to be financed out of the,.proceeds of the bonds will consist of the acquisition of lands and the constructing of improvements and facilities thereon and the making of expenditures necessary of desirable for the full utilization of the lands, improvement and facilities, and the sale, lease or other disposition of portions thereof from time to time, in the furtherance of the industrial program (the "Project"). The City is applying for and anticipates that it will obtain grant funds from agencies of the Government of the United States of America which will be used together with funds furnished by the City for the accomplishment of the Project. The amount to be furnished by the City will depend upon the amount received as grant funds. If $550,000 in principal amount of bonds are issued, there will be levied by the Board of Directors of the City and there will be collected a continuing annual tax of two (2) mills on the dollar of the assessed valuation of the taxable real and personal property in the City for the purpose of providing for the payment of the principal of and interest on the bonds_ and if a smaller amount of bonds is issued, the Board of Directors will determine the smaller amount of millage necessary to be levied and collected for the purpose of providing for the payment of the principal of and interest on the bonds that are issued and will levy and collect that smaller amount. Section 3. That the election shall be held and conducted and the vote canvassed and the results declared under the law and in the manner now or hereafter provided for municipal elections, so far as the sane may be applicable; and the Mayor shall give notice of the election by an advertisement published one a week for four consecutive weeks in a newspaper having a bona fide circulation in the City, with the las publication to be not less than ten (10) days prior to the date of the election, and only qualified elect of the City shall have the right to vote. Section 4. That the results of the election shall be proclaimed by the Mayor, and his proclamation shall be published one time in a newspaper having a bona fide circulation in the City, which proclamatio. shall advise that the results as proclaimed shall be conclusive unless attacked in the courts within thi (30) days after the date of the proclamation. Section 5. That the Mayor is authorized to advertise, according to the terms of Amendment No. 49, t public sale of the bonds. Section 6. That a copv of this Ordinance shall be given to the Washington County Board of Election Commissioners so that the necessary election officials and supplies may be provided. Section 7. That there is hereby found and declared to be an immediate need for the Project in that the City and its inhabitants may receive the public benefits referred to above, and that the is of the bonds is necessary therefor. It is therefore, declared that an emergency exists and this Ord being necessary for the immediate preservation of the public health, safety and welfare, shall be in and shall take effect immediately upon and after its passage. PASSED April 30, 1968. APPROVED: QLtiYn. DON TRUMBO, MAYOR al Director McFerran then moved that the Board of Directors go on record that if the Principal Federal not is not approved then the city will not issue the Bonds. ived. The motion was seconded by Director Dunn and passed unamimously.. Director Melton moved to introduce a proposed resolution entitled, "RESOLUTION AUTHORIZING FILING OF APPLICATION WITH THE ECONOMIC DEVELOPMENT ADMINISTRATION, U.S. DEPARTMENT OF CO101ERCE, UNITED STATES OF AMERICA, FOR A GRANT AND/OR LOAN UNDER THE TERMS OF THE PUBLIC LAW 89-136." Director Melton moved that the resolution be adopted. The motion was seconded by Director Kerlin and u roll call the following vote was recorded,"Aye", Kerlin, Swartz, McFerran, Melton Christie, Trumbo, Dun "Nay", pone. There being seven"A,yes"and no "Nays", the Mayor declared the resolution adopted. 4 J J J 26'71 RESOLUTION NO, 12-68 Resolution No. 12-68 RESOLUTION AUTHORIZING FILING OF APPLICATION WITH THE ECONO'dC DEVELOPMENT ADMINISTRATION, U.S. DEVELOPMENT ADMINISTRATION, US.S DEPARTMENT O F COMMERCE, UNITED STATES OF AMERICA, FOR A GRANT AND/OR LOAN UNDER THE TERMS OF PUBLIC LAW 89-136. 'WHEREAS) under the terms of Public Law 89-136, the United States of America has authorized the making of grants and/or loans to public bodies and private or public nonprofit organizations or asso- ciations to aid in financing the construction'of specific public projects: NOW THEREFORE, BE IT RESOLVED by the City Board of Directors of the City of Fayetteville, Arkansas: SECTION 1. That Gerald G. Fox, City Manager., be and he is hereby authorized to execute and file an application on behalf of the City of Fayetteville, Arkansas with the Economic Development Administrat U.S. Department of Commerce, for a grant to aid in financing the construction and development of an Industrial District for the City of Fayetteville, to include extension of water and sewer lines, streets and roads and railroad spur to a five hundred sixty-five (565) acre industrial site under option to the City of Fayetteville. SECTION 2. That Gerald G. Fox, City Manager, be and he is hereby authorized and directed to furni such information as the Economic Development Administration, U.S. Department of Commerce, may reasonably request in connection with the application which is herein authorized to be filed. PASSED, APPROVED AND ADOPTED on this the 30th day of April, 1968. APPROVED: ATTEST: A& DON TRUi4BO, MAYOR GEORGE J. AV ,/CITY CLERK Resolution No, 13-68 The City Manager presented the petition of Birch Brook, Incorporated, to vacate a portion of an alley lying midway between the West boundary line of University Street and the East boundary line of Hill Street and extending three hundred ten (310) feet North o£ the North boundary line of Putman Street to a point three hundred feet (300) South of the South boundary line of Center Street, was duly filed with the City Clerk of the City of Fayetteville, Arkansas, on the 29th day of April, 1968. After a brief discussion, the City Manger read a proposed resolution setting forth the date, time, and nur purpose for a public hearing upon the petition outlined above. Director Christie then moved that the resolution be adopted. The motion was seconded by Director Kerlin and tipon roll call the following vote was recorded,"Aye", Kerlin, Swartz,McFerran,Melton,Christie, Trumbo, and Dunn. "Nay", None. There being seven "Ayes" and no "Nays", the Mayor declared the Resolution adopted. RESOLUTION N0, 13-68 WHEREAS, it appears that the petition of Birch Brook, Incorporated, to vacate a portion of an alley lying midway between the West boundary line of University Street and the East boundary line of Hill Stre and extending three hundred ten (310) feet North of the North boundary line of Putman Street to a point three hundred feet (300) South of the South boundary lihe of Center Street, was duly filed with the City Clerk of the City of Fayetteville, Arkansas, on.the 29th day of April, 1968; and, WHEREAS, it appears that this is the next regular meeting of the Board of Directors of the City of Fayetteville, Arkansas, following the filing of said petition; NOW THEREFORE, BE IT RESOLVED: 1. That the 20th day of May, 1968, at 7:30 o'clock P.M., in the Board of Directors' Room of the City Administration Building be, and the same is hereby fixed as the time and place for hearing upon said petition. 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 interested persons by publication thereof once a week for two (2) consecuti weeks in the Northwest Arkansas Times, a newspaper published in Washington County, Arkansas, and having a general circulation in the City of Fayetteville, Arkansas. 3. That the City Clerk of the City of Fayetteville, Arkansas, be and he is hereby directed to cause an abstracter's certificate as to the record owners of the real estate abutting upon said portion of stre sought to be vacated, to be attached to said petition prior to the date set for hearing thereon. PASSED AND APPROVED THIS 30th day of April, 1968. APPROVED: ATTESTED: �c DON TRUM50, MAYOR GEORGE JV DAXS, CITY CLERK Resolution No. The City Mangey. read -a proposed resolution entitled,"A RESOLUTION AUTHORIZING ACCEPTANCE OF ASSIGNMENTS 14_68 CERTAIN OPTIONS TO PURCHASE LAND FROM THE FAYETTEVILLE (ARKANSAS) CHAMBER OF COMMERCE, INC." Director Melton moved that the Resolution be adopted. The motion was seconded by Director Christie and upon roll call the following vote was recorded,"Aye", Kerlin, Swartz, McFerran, Melton, Christie, Trumbo, and Dunn. "Nay", None. There being seven "Ayes" and no "Nays", the Mayor declared the Resolution adopted. RESOLUTION N0, 14-68 A RESOLUTION AUTHORIZING ACCEPTANCECOF ASSIGNMENTS OF CERTAIN OPTIONS TO PURCHASE LAND FROM THE FAYETTEVI (ARKANSAS) CHAMBER OF COMMERCE, INC. WHEREAS, bertain options top urbhase land for a proposed industrial park in the City of Fayetteville Arkansas have been obtained by The Fayetteville (Arkansas) Chamber of Commerce from Robert Lee Combs and Margie M. Combs, his wife, Della Anne Gustafson and Arkansas Western Production Company, Inc., and n. WHEREAS, the said Chamber of Commerce has assigned said options to the City of Fayetteville, Arkansas, in order that the City may exercise said options in the event said industrial park project is undertaken; and WHEREAS' the City of Fayetteville, Arkansas agrees to reassign said options to the Chamber of Co. in the event said project is not undertaken by reason of disapproval by the voters of the issuance of erald Fox to I Committee to study feasibility I Ci 49 Bonds or disapproval of the EDA grant needed for said project or for some other cause. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the assignments of said options to purchase land (copies of said assignments and options being hereto) are hereby accepted and the Mayor and City Clerk are hereby authorized and directed to execute the acceptance of said assignments in behalf of the City of Fayetteville, Arkansas. AND APPROVED this 30th day of April, 1968. 48VU D• • • IrT APPROVED: / ( 9z "64� DON TRUMBO, MAYOR Director Swartz moved to appoint the City Manager, Gerald G. Fox, as the City's Representative on a committee which would study the tadvisabilitycof_having a professional firm. make -a feasibility study for.a Civic Auditorium. The motion was seconded.:by Director Melton andypassed unanimously. re being no further bueiness, Director Kerlin moved to adjourn, motion was seconded by Director Swartz and passed unanimously, whereupon the Mayor declared the ourned. TTEST GEORGE �. D� APPROVED: D N SRUMBO, MAYOR �U Regular The Board of Directors of the City of Fayetteville, Arkansas, met in regular session on Monday, May 6, 1 eeting. at 7:30 P. M. CDST. Present: City Manager Gerald G. Fox, City Attorney Hugh Kincaid, City Clerk George J. Davis, and Directo. T.J.Keith Swartz, McFerran, Melton, Christie, and Trumbo. Rep. N.W. bsent: Director Dale Dunn. imes, also Absent at roll call but later entering: Director James Kerlin. minutes of the regular meeting on Monday, April 15, 1968, and of the special session on Tuesday, it 30, 1968, copies of which had previously been mailed to each of the Directors, were approved as tten. tion to The City Manager presented the petition of Paul E. Sullins and 011ie E. Sullins to rezone certain proper one. located at the Southeast Corner of the intersection of U. S. Highway No. 71, South, and 22nd Street, fro. llins) -1 Open Land District, to C-2 Thoroughfare Commercial District, which had been approved by the Planning After a brief discussion, the -City Attorney introduced and, at the request of the Mayor, read a proposed ordinance in its entirety for the first time entitled, "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239, lance NO_. AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED MAY 283 1962, TO REZONE CERTAIN REAL 1599 GESTATE FROM 0-1 OPEN LAND DISTRICT, TO C-21 THOROUGHFARE COMMERCIAL DISTRICT". Director Christie moved that the rule be suspended and that the Ordinance be placed on the second reading, The motion was seconded by Director McFerran and upon roll call the following vote was recorded, "Aye" wartz, McFerran, Melton, Christie, and Trumbo. "Nay" None. There being Five "Ayes" and No "Nays", the Mayor declared the rule suspended. The Ordinance was then read for the second time. Director Christie then moved that the rule be further suspended and that the Ordinance be placed on the third and final reading. The motion was seconded by Director Swartz and upon roll call the following vote was recorded, "Aye" Swart McFerran, Melton, Christie, and Trumbo. "Nay" None. here being Five "Ayes" and No "Nays", the Mayor declared the Cmdtionca passed. The Ordinancewas then read for the third and last time. he Mayor then declared the Ordinance open for discussion, here being no discussion, the Mayor asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded, "Aye" Swartz, McFerran, Melton, Christie, and Trumbo. "Nay" None. here being Five "Ayes" and No "Nays", the Mayor declared the Ordinance passed. ORDINANCE N0, 1599 ORDINANCE AMENDING ZONING ORDINANCE NO. 12399 AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKA ROVED MAY 28, 1962, TO REZONE CERTAIN REAL ESTATE FROMI 0-1 OPEN LAND DISTRICT,' TO C-2, THOROUGHFARE MERCIAL DISTRICT. WHEREAS, A public hearing was held before the Planning Commission of the City of Fayetteville, ansas, on Tuesday, April 16, 1968; on the petition of Paul E. Sullins and 011ie E. Sullins requesting t said Planning Commission recommend to the Board of Directors of the City of Fayetteville, Arkansas t the Board of Directors enact an ordinance rezoning the following described property, presently zoned Open Land District, to C-2 Thoroughfare Commercial District, to -wit: A part of the NW 1/2 of Sec. 28, T -16-N, R -30-W, ofthe 5th P.M., described as follows, to -wit: Be at a point which is 29 5/6 rods East and South 140 West 14 1/6 rods from the Northwest corner of s. forty acre tract; thence South 700 East 418 feet; thence North 140 East 184 feet; thence North 78 West 418 feet; thence South 140 West 7 1/2 rods to the place of beginning, except a strip of equal and uniform whdth 100feet off the North sideof said described tract which is reserved for road purposes. WHEREAS, notice of said public hearing, setting forth the date, time, place and purposes of said ha ng and location of property was published in the Northwest Arkansas Times, a newspaper of general lation in said city, more than 15 days prior to said public hearing, and WHEREAS, Solld"viing daio public hearing, said Planning Commission certified to the Board of Di f the City of Fayetteville, Arkansas, its recommendation that an ordinance be adopted rezoning the escribed property, presently zoned 0-1 Open Land District to C-2 Thoroughfare Commercial District. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYET,TEVILLE, ARKANSAS: SECTION 1. That the above-described property, which is presently zoned 0-1 Open Land District, be the same is hereby rezoned to C-2 Thoroughfare Commercial District, SECTION 2. That all ordinances or parts of ordinances in conflict herewith are hereby repealed, and his ordinance shall be in full£ force and effect from and after its passage, approval and publication. PASSED AND APPROVEDthihis 6th day of Nay, 1968. , 1 1 1 Amendment 49 Bonds or disapproval of the EDA grant needed for said project or for some other cause. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the assignments of said options to purchase land (copies of said assignments and options being s hereto) are hereby accepted and the Mayor and City Clerk are hereby authorized and directed to execute the acceptance of said assignments in behalf of the City of Fayetteville, Arkansas. PASSED AND APPROVED this 30th day of April, 1968. (� ATTEST: APPROVED: (( MAYOR N TRUMbO, OR Appoint GEORGE DOMAYORE IS, CITY CLERK Gerald Fox to Committee Director Swartz moved to appoint the City Manager, Gerald G. Fox, as the City's Representative on a to study committee which would study thetadvisabilitycof_having a professional fiim,make-a feasibility study for a. feasibility Civic Auditorium. The motion was seconded.by Director Melton and;ypassed unanimously. o8 Civic There being no further business, Director Kerlin moved to adjourn. Auditorium. The motion was seconded by Director Swartz and passed unanimously, whereupon the Mayor declared the meetir adjourned. APPROVED: ATTEST: - &64evl, (- is D �R DON 7TRUMBO, MAYOR GEORGE 9, 90IS, CITY CLERIC Regular The Board of Directors of the City of Fayetteville, Arkansas, met in regular session on Monday, May 6, 196 Meeting. at 7:30 P. M. CDST. Present: City Manager Gerald G. Fox, City Attorney Hugh Kincaid, City Clerk George J. Davis, and Directors T.J.Keith Swartz, McFerran, Melton, Christie, and Trumbo. Rep`. N.W.bsent: Director Dale Dunn. Times, also Absent at roll call but later entering: Director James Kerlin. present. The minutes of the regular meeting on Monday, April 15, 1968, and of the special session on Tuesday, pril 30, 1968, copies of which had previously been mailed to each of the Directors, were approved as written. Petition to The City Manager presented the petition of Paul E. Sullins and 011ie E. Sullins to rezone certain property rezone, located at the Southeast Corner of the intersection of U. S. Highway No. 71, South, and 22nd Street, from i (Sullins) -1 Open Land District, to C-2 Thoroughfare Commercial District, which had been approved by the Planning Commission. After a brief discussion, the City Attorney introduced and, at the request of the Mayor, read a proposed ordinance in its entirety for the first time entitled, "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239, Ordinance Na, AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED MAY 283 1962, TO REZONE CERTAIN REAL 1599 ESTATE FROM 0-1 OPEN LAND DISTRICT, TO C-21 THOROUGHFARE COMMERCIAL DISTRICT". Director Christie moved that the rule be suspended and that the Ordinance be placed on the second reading. The motion was seconded by Director McFerran and upon roll call the following vote was recorded, "Aye" Swartz, McFerran, Melton, Christie, and Trumbo. "Nay" None. There being Five "Ayes" and No "Nays", the Mayor declared the rule suspended. The Ordinance was then read for the second time. Director Christie then moved that the rule be further suspended and that the Ordinance be placed on the third and final reading. The motion was seconded by Director Swartz and upon roll call the following vote was recorded, "Aye" Swart McFerran, Melton, Christie, and Trumbo. "Nay" None. There being Five "Ayes" and No "Nays", the Mayor declared the Cmdtionc� passed. The Ordinancewas 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" Swartz, McFerran, Melton, Christie, and Trumbo. "Nay." None. here being Five "Ayes" and No "Nays", the Mayor declared the Ordinance passed. ORDINANCE NO. 1599 ORDINANCE AMENDING ZONING ORDINANCE NO. 1239, AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE) ARKA ROVED MAY 28, 1962, TO REZONE CERTAIN REAL ESTATE FROM 0-1 OPEN LAND DISTRICT,' TO C-21 THOROUGHFARE MERCIAL DISTRICT. WHEREAS, A public hearing was held before the Planning Commission of the City of Fayetteville, ansas, on Tuesday, April 16, 1968; on the petition of Paul E. Sullins and 011ie E. Sullins requesting t said Planning Commission recommend to the Board of Directors of the City of Fayetteville, Arkansas t the Board of Directors enact an ordinance rezoning the following described property, presently zoned Open Land District, to C-2 Thoroughfare Commercial District, to -wit: A part of the NW 1/2 of Sec. 28, T -16-N, R -30-W, ofthe 5th P.M., described as follows, to -wit: Begin at a point which is 29 5/6 rods East and South 140 West 14 1/6 rods from the Northwest corner of said, forty acre tract; thence South 700 East 418 feet; thence North 140 East 184 feet; thence North 78 1/2 West 418 feet; thence South 140 West 7 1/2 rods to the place of beginning, except a at of equal and uniform whdth 100feet off the North sideof said described tract which is reserved for road purposes. WHEREAS, notice of said public hearing, setting forth the date, time, place and purposes of said ha ng and location of property was published in the Northwest Arkansas Times, a newspaper of general lation in said city, more than 15 days Drior to said nublic hearing, and WHEREAS, follo`wi'ng said public hearing, said Planning Commission certified to the Board of Dire the City of Fayetteville, Arkansas, its recommendation that an ordinance be adopted rezoning the a cribed property, presently zoned 0-1 Open Land District to C-2 Thoroughfare Commercial District, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYET.TEVILLE, ARKANSAS: SECTION 1. That the above-described property, which is presently zoned 0-1 Open Land District, be the same is hereby rezoned to C-2 Thoroughfare Commercial District. SECTION 2. That all ordinances or parts of ordinances in conflict herewith are hereby repealed, and s ordinance shall be in fullf force and effect f rom and after its passage, approval and publication. PASSED AND APPROVEDththis 6th day of May, 1968. 13 ,