HomeMy WebLinkAboutOrdinance 845 �r 4W _ -
ORDINANCE N0 . S-'
AN ORDINANCE TO PROVIDE FOR THE PROPER IO CATION OF
RETAINING WALLS WITHIN THE CITY OF FAYETTEVILLE ,
ARKANSAS , AND FOR OTHER PURPOSES .
WHEREAS , retaining walls have been built in the City of
Fayetteville , Arkansas , by numerous individuals who have either
assumed that the wall was on their own property or have knowingly
built the wall on City property , and
WHEREAS , the grade for sidewalks in the City of Fayetteville
,are located one foot outside the private property line and are on
the property belonging to the City and construction of retaining
walls beginning at the sidewalk line axe located on City property .
NOW , THEREFORE , BE IT ORDAINED by the City Council of the
City of Fayetteville , Arkansas :
SECTION 1 . That hereafter all persons , firms anicorporations ,
their agents , servants or employees shall be required to secure a
permit from the City Engineer of the City of Fayetteville , Arkansas ,
before beginning the construction of any retaining wall within the
City of Fayetteville , Arkansas ; provided , that if the retaining
wall is more than two feet from the inside of the sidewalk or if no
sidewalk more than two feet from the platted line of the City right-
ofwway , then no permit shall be required .
SECTION 2 . In all cases where a permit is required under the
terms of this ordinance , the City Engineer shall establish the line
upon which the retaining wall is to be bui.It and any person , firm
or corporatiotir any employee , agent or servant of any person ,
firm or corporation who shall erect a retaining wall within the City
of Fayetteville , Arkansas , without first having secured a permit
from the City -ngineer aforesaid , or who shall construct a wall
nearer to the street or sidewalk line than the location fixed by the
City Engineer shall be guilty of a misdemeanor and upon conviction
thereof shall be fined in any sum not less than Five Dollars ( $ 5 . 00 )
nor more than Twenty-five Dollars ( $25 . 00 ) ; and, in addition thereto ,
may by the Court be ordered to remove said retaining wall and failure
SdjCROFiLMED.
DATE
REEL_�y-r' 6
2 .
to comply with said order shall be tr0.$ted as a contempt of court
and punished as such .
SECTION 3 . All ordinances or parts of ordinances in conflict
herewith are hereby repealed and it appearing that retaining walls
have been and will continue to be erected or constructed on City
property in the absence of regulation to the contrary , an emergency
is hereby declared to exist , and this ordinance shall be in full
force and effect from and after its passage , approval and publication .
Passed and approved this 6th day of May , 1940 .
Mayor ,
ATTEST :
City Clerk .
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STATE OF ARKANSAS
as.
County of Washington
I, ___H 1-_Djol]g1a_s----------------------. do solemnly swear
that I am manager of THE NORTHWEST ARKANSAS TIMES, a daily
./� newspaper published in said county, and that I was manager on the
dates of publication nereinafter stated, and that said newspaper had a
bona fide circulation in said county on said dates, and had been regularly
published in said county for a period of one month next before the date
of publication of the advertisement hereto annexed, and that said ad-
vertisement was published in said newspaper---pAatimes7MG=Z Ve9dO X
on the following date[:
Mme- +-------------------- ------------------
(Signed)--
Subscribed
------------(Signed)--Subscribed and sworn to before me .this------ ------------day of
---------
----------
------------
19 0
My Commission Expires Oct. 15, 1941
no sidewalk more than two feet
from the platted line of the City
right-of_way, then no permit shall
be- required: -
SECTION 2. In all cases where
a permit . is required under the
terms '61'•,thls ordinance, theCity
Ehgincer `shall establish the :line
:upon .which the retaining wall is
`,to' bi ' built :and any' person,..:Firm
01" corporation and/or ' .any em-
-ployee, -agent ' or 'selvant of any
person, firm 01 corporation who,
shall. erect a_ retaining wall - with-.
ing+ lhc City v,l; _Fayetteville.
bans as 'without first having se-
i UfillINANCE NO 845 � rw cata • I,icr ort Rofil the -City. Eri_
t,Ineer qal ores id, '' in who shall
ORDINANCP '1'O PROVIllE ;Iconstruct a .,wall„ nesner: to the
FORTHE, PROYER LOCATIONlstrceL tir sidewalk line than the
OF , R,t-T A IN I N;G WALLS
,�I ]nc:ifimi ': lixetl 6'y. the City $n-
WIPHIN .*THE CITY OF FAY ,, ginecr;. shall Vie ; guilty or a mis-
ETTEVILLE ARKANSAS AND1. { , emcano11 and , upon conviction
FOR OTIIER PURPOSES. ' - ;� to cof' sli ilI be ' fined nt any sum
INIIEREAS ie'tamigg_wnlls have' tot less than Five Dollars _($5.00) .
Ibeer} built in therCrtyrof Fayette' o :more than Twenty-five_ _Dol-
ville Arkansas by numerous in- � rlars ($2500) and; in addition '
divduals 4vlio have cither assumed thereto, mai by Erie Court be or-
. .that the wall was- on -their i0.wn del ed . to renxrvc said retaining
propertY or hnvc knowingly built will and failure to comply with
the will on City property, and s icl order shall be treated ;as a
- NHEREA$ the r tde Lot . side- conLc�nlil of ' court ' and nuoished
walks an the 'City . of Fayetteville rs such. '
;:rC located one . loot outside the . SECTION 3. All ordinances or
prit2ate property line and m$ on .parts, . .of. .ordinances in conflict'
the property belonging to thcl City . herewith are hereby repealed mad
'mid''construction of retaining ' iSalls It appearing that retaining walls
beginning at the sidewalk line arc . hove been and will continue to be
! Ioieted on "City proncrLy. , elected or constructedall , City.
NOW THEREFORE, BE IT .properly iii. the abscise of regula-
ORDAINED . by the City Council 'tion to the contrary, an emergency
of the City of Fayetteville ` Ar-.". il, hereby declared to exist and
SUCTION 1. That hereafter all4 this: ordinance shall be ft rrufl
its
force and effect from and after its
Itho 1.sons,' fii'iirs and cot poraWons,, passage, approval and " Publication. ;
threw`agents; -servants or ernplpyees' - ' + - r -
sball be required to�secwe Yi :per- Passed and a`pproaed . this Gth
anit 'fkom the City Engineer oi'tthe day of May, 1940. ..
City of Fayetteville, Arkansas
, A. D. McALLISTER,
before beginning the eel unction Attest : • , Mayor..
of,: any - retaining wall within; ;the •J 1'V. McOEHEE,
icity. . of Fayetteville, Arkansas ; City Clcrk. 7- li-c
pro4ided, . that if the retaining .
wall is more than two feet from '
ithe inside of the sidewalk :6r if