HomeMy WebLinkAboutOrdinance 1725 ( a ) The funotion of the street- a.:hat is , tho. streets which carry
or are expected to carry heavy amounts cf traffic shall have prior-
ity over lesser streets .
( b ) The condition of the pavement- in general roadways which are
more deteriorated shall have priority over those streets of lesser
deterioration . However , those stracts of lesser deterioration may
have priority when it is determined that the benefits of resurfac-
ing the roadways of lesser deterioration may be greater .
D . CONCRETE CURBS AND GUTTERS
1 . Existing concrete curbs and gutters shall be maintained and replaced
by the City . However , in the case of streets without concrete curbs and gutters ,
concrete curbs and gutters or sidewalks shall be installed when paved roadways
are widened , resurfaced or rebuilt provided the Board of Directors approve such
improvements . The cost of constructing such concrete curbs and gutters or side-
walks shall be assessed against the benefiting property .
E . SIDEWALKS
1 . The maintenance of sidewalks , including the cost of such maintenance ,
shall be the responsibility of the owner of the abutting property .
2 . Whenever the owner abutting a sidewalk neglects his duty to keep said
sidewalk in a safe condition for the use of the public , it shall be the duty
of the City Manager , or his designated agent , to notify the owner of such
neglect and order said owner to repair or maintain the sidewalk .
3 . The failure of any person to comply with an order of the City Manager
to repair or maintain a sidewalk abutting his property shall be deemed a mis -
demeanor , and upon conviction , hevshall be punished by a fine of not less than
ten dollars ( $10 . 00 ) and not more than twenty- five dollars ( $ 25 . 00 ) , at the
descretion of the Court . Each day of such failure shall constitute a separate
and distinct offense . Furthermore , the City Manager , or his designated agent ,
may proceed to contract with some suitable person for said necessary repair or
construction , and the City may pay said person for the work done , and the property
owner shall be liable to the City for such cost , plus a 6 percent penalty added
thereto , such amount to constitute a lien on said property from the commencement
of construction , and/or may be enforced in any manner provided by law .
SECTION 2 , ASSESSMENTS FOR STREET CONSTRUCTION
In the event a substantial portion of the property owners
abutting a public way express . a desire that said way be improved
and that the cost of said improvement be assessed against abutting
property , or in the event the Board of Directors finds that the im -
provement of a public way is necessary for the public we-T.-fare ,
safety and convience , the Board of Directors shall by resolution
declare the improvement needed and direct that a study be made to
determine the cost of said improvement , which resolution shall be
published once in a newspaper of general circulation in Fayetteville ,
Arkansas .
Upon receipt of the study report and a finding that proceedings
with the proposed improvement is financially feasible , the Board of
Directors shall set a date for a public hearing on the proposed
improvement and notify all abutting property owners , by mail , of
the proposed improvement , and the estimated - cost of such improvement ,
and the date of the public hearing on the proposed improvement , and
cause notice of such public hearing to be published once in a news -
paper of general circulation in Fayetteville , Arkansas , not less
than five days prior to the date fixed for the hearing .
Following the public hearing the Board of Directors shall make
a finding and ruling as to whether the improvement should be accomp -
lished . If the Board of Directors finds and rules that the im -
provement shall be accomplished , said Board of Directors shall pass
an appropriate ordinance authorizing the improvement to be made ,
stating the method of making the assessments and stating the amount
of the assessments . The assessment is to be based on the cost of
improvement to be borne by the property owners and the benefits
accruing to each such lot and parcel of property . All such assess -
ments shall be levied according to the value of the benefits and
shall be uniform . A copy of the assessed benefits shall be filed
with the City Clerk . Notice ;-that such assessed benefits have been
filed with the City Clerk shall be published once in a newspaper
of general circulation in Fayetteville , Arkansas , and such assess -
ments shall be final and conclusive unless questioned by action
filed in the Chancery Court of Washington County within thirty days
after the publication of notice of the filing of the assessed benefits .
All such assessments are payable to the City in the manner and
within the time prescribed in the resolution . This may include the
option to pay the assessment in one lump sum or in installments within
the time and at the rate of interest specified .
The Assessment against each lot or parcel of property shall
constitute a lien on such property in favor of the City of Fayetteville .
When an annual assessed benefit against any lot or parcel of
property has not been paid for two years from the date due , such
delinquent assessment , plus a ten percent penalty shall be certified
by the City to the County Clerk and the County Clerk shall place
the assessment and penalty on the tax books as a delinquent tax
to be collected and paid over to the City by the collector .
SECTION 3 . All ordinances 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 publi -
cation . /
1970. PASSED AND APPROVED this day * of
APPROVED :
GARL NO MELTON , J . , M YOR/
ATTEST :
MAR L N MOPRE , CIT CLERK
ORDINANCE NO. 171E5 .. -
•
AN ORDINANCE M EXPRESS THE ,
orejOlEEs OF THE crrY OF PAY.
E"rrEvuI REGARDINO AND ODN-
CERNING THE MAINTENANCE AND STATE of ARKANSAS 1
CONSTRUMON OF BREEr9, CURB Jj 89.
AND GUTTER, AND tanEwAlAca Count of 1Vasl7]]IIIHgon
&wmuul:As, it appears necessary for
an better ding the at eRON eoncemind� 'vl' +U4��
and renin of the maintenance ane! ma
Andconstruction of n the oro and gutter,
ane daewalks m the car Of Pdyatm- I, ___. _ _.....__._—_______ _--..._ ___, hereby certify that I
Tule, that certain policies ahold be )
( g er am the General Manes of THE NORTHWEST ARKANSAS TIMES,
expressly Stated and Snorted Into mdb
nonce toren. a daily newspaper having a second class mailing privilege, and being not
NOW, THEREFORE. BE ]T
OR.
JIAINED BY 171E BOARD OF DIREb less than four pages of five columns each, published at a fixed place of
iTofty OF THE crry of FAYLTm business and at a fixed (daily) intervals continuously in the City of
pH.1.E ARKANSAS:
M=ON L- Thaitragi and atter the Fayetteville, County of Washington, Arkansas for more than a period
:proPrr passage of ala, ordinance, theFayetteville,
twelve months, circulated and distributed from an established place of
,perm of the; .garcitY at Fayetteville em• business to subscribers and readers generally of all classes in he City
.ad c and re¢eralvg the m.urb an d
and construction Tot , Blshall cum and
gutter, and afdewaltsamu be u tot- & County for a definite price for each copy, or a fixed price per annum,
flows: which price was fixed at what is considered the value of the publication,
A. The City of Fayetteville shell Min-
p. tam roadways in the City whim hive based upon the news value and service value it contains, that at least fifty
t beStren acceptedwhich
by the city as c16 percent of the subscribers thereto have aid cash for their subscriptions
Iuuclaallc ets up oftheaQty�by or a�. I o the newspaper or its agents or through recognized news dealers over a
1
2. annexation.UNPAVED ROADWAYB— UrPaperiod of at least six months ; and that the said newspaper publishers an
roadways shall be mainmintd AS an& average of more than forty percent news matter.
and the fnamtemam shell Include
n analog, groveling dr end ixtrevNInij, I further certify that the legal notice hereto attached in the matter of
tee teep ou of drainage we dltcon open. Y b
C and the mowing i watch on inter
w ublic
TlQht shat. of Include
Nhe matnlOf
meq shall not .include Ne hist of
the aas oil,
of dust otter cheolB
Such as tell, water and other all be
qts, dna inch epPparties shall be
the responsibility in asses other than
• the clic except in cases whew tem- was published in the regular daily issue of said newspaper
ponry dust conteoi is necessitated by eenseeBbive insertiony' as follows :
city construction pefeels.
G PAVED ROADWAYa-
L A roadway Shall. not bs aesl¢• _ / __ day of
noted a paved sosaway ,unless It has The first insertion on the —.
a Portland cement. concrete surface or
an asphaltic swcrete surface orlgw-
4 applied tP Scent Sum with the the second insertion on the _—___.—__ day of — 19__
gpecdlsaudas of d. Public agency which
Speculations Indicated, an Intention of
establishing w'.yep?naneat Pavia rued- the third insertion on the --__. _ day of _ 19—
way, re¢ardfes9 hK whether the oat
a such rvmg wat Tonne by the owo-
• er of the aWttiSd uexrty, by public and the fourth insertion on the --- da of _________ 19—__
topu g, or V. mid '
n Peva rnaAClW a shall be Train-
toned
ein- //////���'•
be a . ch the Curr ce sus dad Shea
as gelded. maurtacea and rebuilt
as needed. �---
9. The following factors shat
considered In eslebustng Priorities
for roadway resurfacing eta rebuild- . Sworn to and subscribed before me on this __—_LL__
---- day of ----------
m(a '
is, he fuels w o carraso street—that
Va the streets wtd h cry or arc ex-
Varied to curry heavy ave les of -- ''
1mRlc shall have. psiorll• over leaser .__—______ _ [� ------
✓� _—
_ ______ 13_. -------
Streets.
_ __
(a) The condition sof. the P.vesnent� vVV
in general roadwayi whielh,.are mora 'ete
' deterionled shall have Priority over
those streets of lesser deterlontion. N y Public
However, those streets M lesser de•
terioration may have Priority when
It Is delerrnined Rut the benefits tit
"surfacing the roadwayp of lesser My Commission Expires :
deterioration my be •grealer.
A CONCRETE CURBS AND GUT- / ',
TElyi-r.Gl ���91
L Exisistbx covmete: corm end Qot• — (/Jj
i ten stall be mamtemed and ,11Plared
bw the Oily. •However.:.ls4o;a: $ase 91
streets o
without nenle cMf* eed ,NJ-
ten. concrete curbs uh$ 'sudten or Fees for Printing
sidewalks shall be lgoaW wben _—
, •paved roadways an wwvea' .�tEsde-
'taxa or rebuilt proeiCeed the, llp.,rd Cost of Proof
aDireclma approve , Such.. lmp!ove-
meets. no cost of construeta¢ - auC h
.concrete curbs dna then or slde• Total
watt alma be eemr ,against are
benefiting Property. t :: r.
E. VIDEWALKS � v
L The maIntemnce of sldewa{b. 'to-
t' eluding theJost of Such meinlengeee. -
AMR be the responsiblatY.e1 the owner '
at the;abutting Property. ,
s ] Wbmev" the owner abuluag a
sidewalk neglecie: big duty to keep
�. Said sldewepc,ga in a cera condition for
the: use,.of -the ,pubar, it Shall be the
duty of the. City 'Memger, or his
designated stent, to potity the owner
1 of Such neglect and-order mid owner
r
to repair or maintain the side-
VVIDL a`
Ls
ORDINANCE NO . S
AN ORDINANCE TO EXPRESS THE POLICIES OF THE CITY OF FAYETTEVILLE
REGARDING AND CONCERNING THE MAINTENANCE AND CONSTRUCTION OF STREETS ,
CURB AND GUTTER , AND SIDEWALKS .
WHEREAS , it appears necessary for the better operation of
efforts concerning and regarding the maintenance and construction
of streets , curb and gutter , and sidewalks in the City of Fayetteville , '
that certain policies should be expressly stated and enacted into
ordinance form .
NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE
CITY OF FAYETTEVILLE , ARKANSAS :
SECTION 1 . That from and after the proper passage of this ordi -
nance , the policies of the City of Fayetteville concerning and regard -
ing the maintenance and construction of streets , curb and gutter , and
sidewalks shall be as follows :
A . The City of Fayetteville shall maintain roadways in the
City which have been accepted by the City as City streets
or which have come under the jurisdiction of the City by or
through annexation .
B . UNPAVED ROADWAYS - - unpaved roadways shall be maintained as
such and the maintenance shall include grading , graveling and
regraveling , the keeping of drainage ditches open , and the
mowing of weeds on public right - of - way . However , such main -
tenance shall not include the cost of the application of dust
control agents such as oil , water and other chemicals , and
such applications shall be the responsibility of parties
other than the City except in cases where temporary dust
control is necessitated by City construction projects .
C . PAVED ROADWAYS - -
1 . A roadway shall not be designated a paved roadway �unlpy
it has a portland cement concrete surface or an asphaltic � gur -
face originally applied in accordance with the specifications
of a public agency which specifications indicated an intention
of establishing a permanent paved roadway , regardless of whether
the cost of such paving was borne by the owner of the abutting
property , by public agency , or by both .
2 . Paved roadways shall be maintained by the City as such
and shall be patched , resurfaced and rebuilt as needed .
3 . The following factors shall be considered in establishing
priorities for roadway resurfacing and rebuilding :
A
DTE O1D
DATE OCTT 1 z 1978
REEL 11 4
a. The failure M e person in town
ply w-th an order of Me City Manager —o owin (g the ILIO' hearing the ROAM
to pair or maintain a sidewalk e' coil . :teal makea fndulIt and
aWterg Rs oroperty shall he deemed r.'''n, n� to wllenler thelm Pim-ement
A misdemeanor, And upon conviction. s.oi'l be + ennipl shed. If the Board of
he shall be punished by a fine of not . Directors finds and rules that Me ion.
less than ten dollars 410.001 and not pceverment ahall be Accomplished, said
more than twenty-five 4gm.001, at Me Hard of Directors shall pass an all
discretion a the Court Each day a propfiate ordinance authorizing the Mi-
such failure shall constitute a separate movement to be made, staling Me
and d %(Incl offense. Furthermore, the method a making Me assessments and
City Manager, or his designated agent, elating Me amount of Me assessments.
May Proceed b contract with same The assessment Is to be based on the
suitable Person for said necessary re. deet of improvement to be home by Me
pair or cointruclion, and Me City may Peppery owners and the benefits ac.
pay said person for the work done, dgding to each such bt and parcel of
and Me properly owner shall the liable Friefte=1i
� Ali�ro n oto me
shall he
to the City for such cost, plus a 6 value of Me
Percent penalty added thereto, such the sts and shall be uniform, A copy M
amount to constitute a lien on said � apymad benefits shall to flied with
pmpertv from the commencement of city Cler)L Notre Mat Such as-
construclion, and/or may be enforced sassed benefits have bKn 'filed wlM Me
in am' manner provided by law. City Clerk shall be published moa M a
gEMON 2, ASSESSMENTS FOR newspaper of general drtwlaUm M
STREET CONSTRUCTION Fayetteville, Arkansas, and such assess.
In the event a substantial portion of ments shall be flash and conclusive on-
the property owners abutting a public less questioned by action filed in Me
way express a desire Met sold way be Chancery Court of Washington County
Improved and Mal the cost of sold Im- within thirty days after Me publication
Ponvcmenl be assessed against abutting of notice of Me filing oI Me assessed
Properly, or in Me event Me Hewed of benefits.
Dlreetors finds that the improvement of All such assessments arc payable M
A public was is necessary for the public the City in Me manner and within Me
welfare, safely and convenience, Me time Prescribed M Me resolullan. This
Hoard of Directors shall by resolution may include the option to pay Me As.
declare the Improvement needed and dt. sessment in one lump sum or in tnstell.
reel that a study be made to determine ments within Me time and at Me rate a
the cost of said imDtovemml. which interest specified.
resolution shall be published once in a The Assessment against each lot or
newspaPer of general circulation in Parcel of property shall mnstilute a lien
Fayetteville, Arkansas. on such property in favor of the City
Upon receipt of the study report and of Fayetteville.
a finding that prommings with Me pro- When an annual assessed benefit
posed Improvement is financially feast against am' lot or parcel of properly has
ble, the Heard of Dithclom spell set a not been Paid for two yeah from Me
date for a public hearing on Me Don• date due, such delinquent assessment,
posed improvement Ind notify all abut- Pius a ten percent penalty shall be cer-
ting Pmpertv owners, by mail, of the titled be Me City to ted county Clerk
Proposed improvement, and Me sail and the County Clerk shall plate Me as-
mated cost of such unpons'eleem. and sessment and penalty on Me bx books
the date of the public hearing an the as a delinquent Lx M be collected end
prOPOMd Improvement and Cause police paid Over to the City b' Me collector.
M mch Public hearing M be published SECTION 1 All ordinances or parts M
are 'n a newspaper of general arcula. ordinances in conflict herewith are here.
n In Pinitteville. Arkansas, not less by repeated and this ordinance shall be
'�ao I've navy prmr to Me date fixed in fWl fora and effect from and after
n- Ice heal"_nn its passage, approval and pubbeshon.
PASSED AND APPROVED THIS 8th
day of January, 1970.
APPROVED.
oN JR
dry clerk