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ORD NO 18-2007 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. I -2007 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS AN ORDINANCE TO BE ENTITLED: AN ORDINANCE TO AMEND ORDINANCE NO. 2 -1998, TO INCLUDE THE FAIRVIEW CEMETERY AS PART OF THE VAN BUREN HISTORIC DISTRICT, PURSUANT TO THE PROVISIONS OF ACT 484 OF THE 1963 ACTS OF ARKANSAS, A.C.A. 14 -172 -101, AND FOR OTHER PURPOSES WHEREAS, the City of Van Buren, pursuant to Ordinance No. 7 -1977, as amended by Ordinance No. 2 -1998, established the Van Buren Historic District and the Historic District Commission to promote the educational, cultural, economic, and general welfare of the public through the preservation and protection of buildings, sites. places, and districts of historic interest through the maintenance of such as landmarks in the history of architecture of the municipality, ofthe state. and of the nation, and through the development of appropriate settings for such buildings, places, and districts; and 0 WHEREAS, notice of a Public Hearing was duly published and a Public Hearing was conducted; by the Van Buren Historic District which found as follows: 1. The addition ofthe Fairview Cemetery to the Van Buren Historic District will further protect the historic value of the Fairview Cemetery and its unique funerary architecture. 2. The Historic District Commission will be solely involved in protecting the architecture and character of the Fairview Cemetery and will in no way be participating in the day -to -day operations of the Fairview Cemetery Board, which was established pursuant to Ordinance No. 28 -1974. 3. The Historic District Commission staff will closely coordinate with the Fairview Cemetery Board and the designated liaison to ensure that adequate measures are taken to protect the property hereto, and that proper procedures are followed for any and all restoration and rehabilitation projects undertaken within the designated property. 4. Including the Fairview Cemetery in the Van Buren Historic District will facilitate the location, application and administration of grants to maintain the unique historical elements within Fairview Cemetery. WHEREAS, the proposed changes herein were unanimously recommended by a vote ofthe entire Historic District Commission and the Fairview Cemetery Board. 0 NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION 1: Section 2 of Ordinance No. 02 -1998, an amendment to Section 1 of Ordinance 07- 1977 (Van Buren Municipal Code 02.64.04) is amended to include the addition of the following legal description for the Fairview Cemetery: PART OF SECTION 24, TOWNSHIP 9 NORTH. RANGE 32 WEST, CRAWFORD COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHERE THE EAST LINE OF FAYETTEVILLE ROAD (AR HIGHWAY 59) AND THE NORTH LINE OF POPLAR STREET INTERSECT; TH ENCE NORTH ALONG THE EA LINE OF FAYETTEVILLE ROAD TO A POINT WHERE THE EAST LINE OF FAYETTEVILLE ROAD INTERSECTS WITH THE SOUTH LINE OF MCKIBBEN AVENUE; THENCE LEAVING THE EAST LINE OF FAYETTEVILLE ROAD AND ALONG THE SOUTH LINE OF MCKIBBEN AVENUE APPROXIMATELY 880 FEET TO A POINT BEING 20 FEET EAST OF THE NORTH \VEST CORNER OF LOT 1 BLOCK 8 GRANDVIEW ADDITION (WHICH APPEARS TO BE THE WEST LINE OF AN ALLEYWAY); THENCE LEAVING SAID SOUTH LINE OF MCKIB BEN A V ENUE, SOUTH TO A POINT ON THE NORTH LINE OF POPLAR STREET, WEST TO THE POINT OF BEGINNING. SECTION 2: The various provisions and parts of this Ordinance are hereby declared to be severable, and, if any section or part of a section, or any provision or part of a provision herein, is declared to be unconstitutional, inappropriate, or invalid by any court of competent jurisdiction, such holding shall not invalidate or affect the remainder of this Ordinance and to that extent the provisions hereto are declared to be severable. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of (p for and 0 against, the foregoing Ordinance at its meeting held on the 18` day of June 2007. Robert D. Free ATTESTED: APPRO D AS Ta ORM: Barbie Curtis, City Clerk/Treasurer N. l o 1 s Jenk' ttorney