HomeMy WebLinkAboutOrdinance 1829 F1 LE D
FOR RECORD
'71 NOV2 AH 10: 08
ORDINANCE N0 . /Qa W4SHINGTON COUNTY
ARKANSAS
ALrrIMI ��A��;��1K1OLLMEpYffER
AN ORDINANCE AMENDING SECTIONS 18 - 40 THRSW'H778CCLE43I OF THE
CODE OF ORDINANCES , FAYETTEVILLE , ARKANSAS ; REQUIRING A PERMIT
FOR STREET EXCAVATION ; REQUIRING A CASH DEPOSIT OR SURETY BOND ;
REQUIRING LIGHTS AND GUARDS AROUND STREET EXCAVATIONS ; ESTAB -
LISHING MINIMUM STREET REPAIR STANDARDS ; AND FOR OTHER PURPOSES .
NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS
OF THE CITY OF FAYETTEVILLE , ARKANSAS :
Section 1 . That Section 18 - 40 of the Code of Ordinances ,
City of Fayetteville , Arkansas , is hereby amended to read as
follows :
" Section 18 - 40 . Permit .
It shall be unlawful for any person to make any
excavation in any street , alley , sidewalk , road , high -
way or other public way in the City , without first
obtaining a permit so to do from the City Manager or
his duly authorized representative . Such permit shall
be granted only after a written application has been
filed and the deposit or bond required by Section
18 - 41 of the Code of Ordinances , City of Fayetteville ,
Arkansas , has been filed . The fee for each permit
shall be Five Dollars ( $ 5 . 00 ) which shall be paid in
advance . Provided , however , that utility companies
franchised by the City shall be billed monthly for all
permits granted during the previous month . "
Section 2 , That Section 18 - 41 of the Code of Ordinances ,
City of Fayetteville , Arkansas , is hereby amended to read as
follows :
"Section 18 - 41 . Cash Deposit or Surety Bond Required .
No person shall make any excavation for which a
permit is required by Section 18 - 40 above , unless he
has deposited with the City a cash bond for the purpose
of guaranteeing the replacement of said street or
public way as prescribed in Section 18 - 43 below .
Such deposit shall be in an amount not less than One
Hundred Dollars ( $ 100 . 00 ) nor more than One Thousand
Dollars ( $.1 , 000 . 00 ) , to be determined and fixed by the
City Manager or his duly authorized representative .
DEED KCZ ME85)u MICROFILMED
DATEec1?1978
REEL
2
Provided , however , that utilities operated by or
utility companies franchised by the City shall
be exempt from the cash deposit or surety bond
requirements of this section .
In lieu of the cash deposit provided for
above , a good and sufficient surety bond , approved
by the City Manager or his duly authorized repre -
sentative may be filed with the City . Such surety
bond may be perpetual or for a fixed length of
time and may cover all applications for permits
under this article , without the execution of
an additional bond or deposit of additional cash . "
Section 3 . That Section 18 - 42 of the Code of Ordinances ,
City of Fayetteville , Arkansas , is hereby amended to read as
follows :
" Section 18 - 42 . Lights and Guards .
Every person making any excavation as provided
for in this article shall place and maintain lights
and guards around the same for the protection of
the public . Such lights and guards shall be subject
to the approval of the City Manager or his duly
authorized representative . "
Section 4 . That Section 18 - 43 of the Code of Ordinances ,
City of Fayetteville , Arkansas , is hereby amended to read as
follows :
" Section 18 - 43 . Repairs ; Return of Cash Deposit .
Each person making an excavation under this
article shall repair the street or other public way ,
at his own expense and under the direction and super -
vision of the City Manager or his duly authorized
representative to the following standards :
All excavations shall be back - filled with SB - 2
material applied in eight inch (8 " ) lifts ; each
lift shall be individually compacted . In the case
of Portland concrete or asphaltic surface streets ,
all excavations shall be resurfaced with six inches
of Portland concrete . Asphaltic sealed streets or
DEED` PAGE 857
3
unpaved streets shall be resurfaced with a surface
similar to that which existed before excavation .
The permittee shall notify the City Manager or
his duly authorized representative , prior to beginning
such repair , of the time and manner of repair and obtain
the approval of the City Manager or his duly authorized
representative , prior to beginning of such repair and
afford the City Manager or his duly authorized represen -
tative the opportunity of being present during the
progress of such repair until completed .
When the repairs required by this section are com -
pleted and approved and paid for the City Manager or
his duly authorized representative shall authorize the
return of any sum deposited under § 18 - 41 above . In
the event the permit holders shall fail , refuse , or
neglect to make such repairs the City may repair the
street and deduct the cost therefrom from the amount
on deposit with the City and the balance of the deposit , •
if any , shall be paid to the permit holder . "
Section 5 . This Ordinance shall be in full force and
effect from and after its passage , approval , and publication .
PASSED AND APPROVED this JJA day of (90;QW , 1971 .
+� y APPROVED :
MAYOR
ATTEST :
CITY CLERK
DEED 8"2 FAGES58
CERTIFICATE
STATE OF ARKANSAS
CITY OF FAYETTEVILLE
. I , LOVETTA MOORE , City Clerk within and for the City of Fayetteville ,
Arkansas , do hereby certify that the annexed and foregoing is a true
and correct copy of the Fayetteville , Arkansas ,
Qw.A2 n8. a2y ,. therein set
forth , and the same is as it appears of Record in
�Volume
at Pages�(pthereof .
IN WITNESS WHEREOF , I have hereunto
ut set my hand and affixed my official
` . d . .
seal this day of
�9o'Q.fA �fGt 19'�•
CITY CLERK
DEEB 82? FACE 859
4
CERTIFICATE OF RECORD
State of Arkansas SS
City of Fayetteville Clerk and
I, Suzanne C. Kennedy, City
Ex-Officio recorder for the City of Fayetteville,
do hereby certify that the anne:'ea or fore-
going is of record in my office and tiie same ap-
bok
pears int Ordinance & tl l s°1 nV"tness mY
__day of
hand and seal this ly— — •
City Cleric and L::rJifi io rder
CERTIFICATE OF RECORD
STATE OF ARKANSAS ] SS. '
wasl:ington County ]
er, CircuitClerk and Ex-Officio Rw
I, Alma L. K011mey
Washington County, do hereby certify that the anoice n the! cltiw
going, instruyrD/,�nt�waa filed for record 8my Off
K3�M, and theme
record��
duly recorded in day Of,
Witness my hand and seal this ALMA KOLLMEYER
Circuit Clerk and
Ex-01jarded
By
,e.�S:y .Clock
STATE of ARKANSAS 1 • • •
County of Washington
1 '1Rk:FAI0. STANDARDS;
10868.
rnr g nntMl //��
"ttq colt or FAY6TI�. I, _ �ty. cif - I A . ��p np - , hereby certify that I
am the Publisher o[ THE NORTHWEST ARKANSAS TIMES, a daily
.t.. ° 1e ^f the i having a second class mailing. f th . newepap g g privilege, and being not less than
•""' °d to four pages of five columns each, published at a fixed place of business and at
a fixed (daily ) intervals continuously in the City of Fayetteville, County of
-1311 w unhawml- be aAr Mann Washington, Arkansas for more than a
.,akp gt period of twelve months, circulated
M' and distributed from an established place of business to subscribers and
fiarna readers generally of all classes in the City & County for a definite price for
0Y lu r author- each copy, or a fixed price per annum, which rice was fixed at what is
w ORM11YIlad.'
"mill All
p
: ,'lied ell ' 1 written ath ' considered the value of the publication, based upon the news value and
A, ..n has hrrn saes rt the aeoaie service value It contains, that at least fifty percent of the subscribers
^nr'r-r, n� ta•nrna that of the
F - 1 11 Ilr "> M ttyette- thereto have paid cash for their subscriptions to the newspaper or its agents
vl.u. Arl.aasa• has been filed •Ihe
few ser eam yemlit All x Five Dol. or through recognized news dealers over a period of at least six months ;
Mn .fEq \eaten shall r, pain In and that the said newspaper publishes an average of more than forty percent
ItowBM J1e, lint however. that ptin
is, dun es n.amixed h.• the City news matter.
, .I:I M )lied mull rnr All per-
. ¢ranted during 1A orevbue
h" I further certify that the legal notice hereto attached In the matter of
Serum 1 That alcl rat Ill of ihr
or llMm
TtMa anree. (lb' of Fayette-
rpAt Alolin s, Y hereby amendQd_Ia
sena l la'.luxe :
•h ,clar li-II. CASK Drpntlt or BYF -------------- Did, . ....-. . ----------- --- � .
aired.
�. ern make any exceva- /
.a `hn111114 I to teguimd was published In the regular daily issue of said newspaper for
vdru M hes eessea,,+' a Insertionwas follows :
A IgA send
relee�fr tIr
or push` The first insertion on the
- ), Ig-a be. - d -- day of . .... ..fit _ _ 19-- [.�he in the
mom invited q,a the second Insertion on the _ day of _
. . __ 19._----_...
el.lnd.de,, to be de- i
the Cally Man- '
. I nLI:"nr-red reshown. I the third insertion on the __ _ -... day of ______ 19............
"i I that utll- '.
Inol companies
new and the fourth Insertion on the
sal . I ,ored - __ __ .. .. dal of
me 11hro% 11
"All be ax-
„ i C
¢end ate nl sur- p
'M bo l Ira r ri Nen- --- –
dap• led With he ("it,
M1r flNd wilt IM1e thp . /
r.. rn ema'�'"ar oK twetime
ari Sworn to and subscribed before me on this -.L':. _____ day of
nl fix 11 Ot tial` Pnd -'
^mrr all ' nations for hert sl
Iw n suldi. without the as ' ,. ��,, �,j��
an nal, " ai bond or de - a1� '—.ap.;_00 �a l
r !mooAai. wan.•• _.....___.._... .............._._...._ -----
11hit sexual IR42 of the
..'r or o nnaom. City M FAyetto- ///;Piublic�c Arkan.Ra. is hereby, ameeded to � �w // �
d all follows : w•eC...�:` Er a.-__G..l_/� -arrtlon Ie-Lv Lights and ppardA..e,Tr,- 1,^r.,n maths any rxa.ahm Notar
pnor In in .shatssin '
p.•• • n e•ntalA lights and' �y
t nor we prolectiall My Commission Expires:
. .hatd.,ygma SAW salved.,
1p the approval M the
,r his duly suthori t
. he
. aim Ih.a of the
, . mty of Valatte, ' �(
;_. ,tertby amended a
Flewua: Raturn'of nab Fees for Printing _ _...- $-------
rte �gInthe
. .
t . .
rwq* l emir t
I. A,�Irrwtr the Cost of Proof ........._.._. _..-.....---_
,. aIre mtdlxTrAts• Awn
i ander th��, directionMhisa and
M the CIb Manager or Total
11 rill' authorized --._...—.....
t�prtamtauve ro
ihr following rtandarrddaa
til 11.3 ate shah de hurt-sinew
nch S13-Z msteelac lift M in elgid
Ivb ,a" , fins: each lift shall 6e irl
Portland
lvucrele . In the weq M
(Rip 'T As.casall or aaphail lr run
Torr arrb, alf xrA sties of M
matters{ wiN is Ae.e nl Pont
land ,.,aver,r. Asphaltic Althp streets
n.en streets `bell hr
rV.1 a vnrhrt smear n `tial
i.•1M INfnre edAuN M1Ile
peen,Il ire my oanp' Ins n ,.
I to gi tff nl sense.
' to pealtd orC), r
rn Ilmr and AlRnnrr n!
. )Inn iFn "'7i , ?
,it
N
rr
In#
I
When the � e.w� ' wu1rM by
'f}kpn are Cnmplerd and app
and Mid for the r Manager or h
duty authonaed ^pIrwellative Mall
authorise the WIFT7 e: amsum de
pointed under Paragraph 1141 chose.
In the event Na permit holders "I .
tall, refuse, Or rMglael to make NCII
"Mfrs the etv may "Mir the street �
and deduct the mst therefrom Iran
the amount M deposit with the t1y
and the balance of the deposit, if any.
shall be paid to the permit holder."
Rection S. YTb Ordinance, shell b U
NII force and effect from and atter
Its Msaage, approval and publication.
PARSED AND APPROVED the ldthl
day of Orlother. 1971.
APPROIF.D:
S. F. >TARR. Nfnor
Ahl T:
l VETTA Mr1ORF., clerk
nr
_ ter I