Loading...
HomeMy WebLinkAboutOrdinance 1866 d• � � D FOR RECORD 672 JUL 12 [a" 10' 41 , p/ /� VIASHNGTCN COUNTY ORDINANCE N0 . ARKANSAS ALMA KOLLMEYER CIRCUIT CLE2!( AN ORDINANCE CREATING A MUNICIPAL PARKING AUTHORITY , DEFINING PARKING POLICY ; DEFINING PARKING FACILITIES ; OUT - LINING AUTHORITY OF THE MUNICIPAL PARKING AUTHORITY ; AUTHORIZING ACQUISITION OF PROPERTY AND PROPERTY RIGHTS ; AUTHORIZING PLANNING , DESIGN , AND CONSTRUCTION OF PARKING FACILITIES ; AND FOR OTHER PURPOSES . WHEREAS , the Board of Directors of the City of Fayetteville , Arkansas , deems it desirable to create a citywide parking policy . NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That the Code of Ordinances , City of Fayetteville , Arkansas , is hereby amended by adding a division to be numbered Division 3 , which said division reads as follows : "DIVISION THREE . MUNICIPAL PARKING AUTHORITY Sec . 19 - 194 . Declaration of Policy . The Board of Directors of the City hereby determines and declares that excessive curb parking of motor vehicles on roads and streets within the city and the lack of adequate off - street parking facilities creates congestion , obstructs the free circulation of traffic , diminishes property values , and endangers the health , safety and general welfare of the citizens of the city ; that the provision of conveniently located public off - street automobile parking facilities is therefore necessary to aleviate such conditions . Sec . 19 - 195 . Definition of Parking Facilities . . For the purpose of this division , public off - street automobile parking facilities ' are defined as accommodations procurred or provided , or both , by public authority for the parking of motor vehicles off the street or highway , and open to public use with or without charge . Parking facilities may consist of lots , garages , or other structures and accessories ; they may be surfaced facilities or facilities above or below ground . <; DEED 835 PAGE963 ATEonI, I Sec . 19 - 196 . Creation of Parking Authority ; Members ; Terms ; Compensation . There is hereby created a Fayetteville Municipal Parking Authority for the purpose of establishing , operating or causing to be operated , public off - street automobile parking facilities . Parking Authority shall consist of five ( 5 ) members and shall be appointed by the Mayor and approved by the Board of Directors . Said members shall be qualified electors residing within the city and cannot hold any elective office of the city , county , or state . The members of the authority shall be appointed for terms of 1 , 2 , 3 , 4 , and 5 years respectively , so that the term of one member shall expire each year after the creation of this authority . Upon the termination of office of each member , his successor shall be appointed in like manner for a term of five ( 5 ) years and shall serve until his successor shall have been appointed and qualified . The members of the authority shall receive no compensation for their services . Sec . 19 - 197 . Authority to Establish Parking Facilities . The Parking Authority herein created shall have ' joint jurisdiction with the Board of Directors of the city in the planning , designation , location , and financing of parking facilities and the concurrence of the said Board of Directors of the city shall be required before the Parking Authority shall proceed to execute , accomplish , fulfill or pursue the establishment of any parking facility . The Parking Authority , subject to the concurrence and approval of the Board of Directors of the city , may act alone or in cooperation with other parking facilities , or with any federal , state , or other local public agency in the financing , acquisition and ownership of property , construction , alteration , enlargement , use , maintenance , and operation or leasing out for operation of parking facilities and services to the extent that such facilities and services are concurred in by the Board of Directors of the city . Sec . 19 - 198 . Planning for and Design of Parking Facilities . The Parking Authority shall cooperate with other planning agencies for the formulation of a master plan and may adopt a master plan for automobile parking facilities DEED HJ PAGE 964 as a guide for the future provision of parking facilities properly integrated with present and proposed parking facilities , subject to alteration as necessary , and including a program of construction and a method of financing . The Parking Authority is hereby authorized to so design and locate off street parking facilities as to best serve the public purpose for which such facilities are intended . Such facilities may consist of lots , improved or unimproved , single or multi - level garages , and other structures and accessories . Sec . 19 - 199 . Financing of Parking Facilities . After the master plan of parking facilities has been adopted by the Parking Authority , such facilities , when approved as provided in Sec . 19 - 197 hereof , may be financed by the issuance of revenue bonds in accordance with the authority granted by Act 468 of the 1949 Acts of the Arkansas General Assembly or any other authority granted by the Arkansas General Assembly . Sec . 19 - 200 . Acquisition of Property and Property Rights . For the purpose of this divison the Parking Authority is hereby authorized to acquire private or public real or personal property and property rights , above , at or below the surface of the earth necessary for off street parking facilities , by purchase , eminent domain , gift , lease or otherwise . Properties acquired by the Parking Authority shall be held by said authority in trust for the use and benefit of the City of Fayetteville , a municipal corporation . Sec . 19 - 201 . Construction of Parking Facilities . The Parking Authority is hereby authorized to construct or cause to be constructed , or otherwise acquire public off street parking facilities above , at or below the surface of the earth , including buildings , structures , equipment , entrances , exits , fences and other accessories necessary for the safety or convenience of persons using the facilities . Contracts for any of the above are to be awarded to the lowest responsible bidder in the same manner as contracts are now authorized by law . Sec . 19 - 202 . Records and Reporting . The Parking Authority shall maintain proper accounting and financial records of all transactions and provide DEED 835 PACE 965 and file an annual financial statement with the City Clerk for any period in which financial transactions occur . Sec . 19 - 203 . Employees . The Parking Authority is hereby authorized to employ such persons as it deems necessary in furtherance of its duties hereunder , including auditors , accountants and attorneys . Where state law or city ordinance requires , any employees herein authorized shall be chosen by the Civil Service Commission in the manner required by law . PASSED AND APPROVED this day of , 1972 . APPROVED : ATTEST : V . . DEED 835 PAGE 966 CERTIFICATE STATE OF ARKANSAS CITY OF FAYETTEVILLE jjI , HELEN YOUNG , 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 , _ 1 !2 , alwai �&. IR66 , therein set forth , and the same is as it apppears of Record in ACU»ECS ��[ i o & /I) Volume at Page thereof . 70(a� d 7S IN WITNESS WHEREOF , I have hereunto set my hand and affixed my official seal this � � day of �•. _ 19_LdL_ AYf�fF tl yi�u�ina, r •,. CITY CLFK t ' 1 DEED 835 PACF9$ 7 >fi01� mnded pap1002a ol0!il0'1 j . . pue '11910 3• , 1s Pug pueQ 7(0 ' to ReD�sl431e0 1 PePi0007 f4nP. 'e�L6L pto0ai�—� 10 £ ogsd30 3010 (/� 61 awN3su!Ba!o8 svMI51 owes 043 Uo 00 110 Rw u111uo0 j 101 P111 6 ZLIno0 uoi�u(4saM /.ep- L113 e 3 Rl!Y00 Rgaa04 c\ , e, uld 'I -ejoi ao Pexeuue 043 3 4 ue „1010 3mollo " awJ 1 . o0e2f o10l;30'x3 P ( R3uno0 u0,JUIL! M JO) lop, SS ( g•fc: J'JL''J ;0 31d 10 a21o�3a 30 31d�1311ii3� CERTIFICATE OF RECORD State of Arkansas ( SS City of Fayetteville I, S_:-am:e C. K • I ' vr; • . r' .Jer . tLand rf sf:e. C' y :f .'.t:e1:1111e, do t'i t a Ingo i� :n r gci ..-t is of _ oc rc i my of d ,y- pears in fJ.:"Til ,v,e C.= Ra: .>:.:ii -at �► a . Vi;t,,:...., hand and sell t'.:°s -- _._rl .iy of City Clerk and Ex-Officio Recorder 0 STATE of ARKANSAS 1 County of Washington P \ qerpl < ( hereb certif that I �ii. yyam theliaL of TH NORTHWE T ARKANSAS TIMES, a dally newspapaving a second class mailing privilege, and being not less than four pages of five columns each, published at a fixed place of business and at Ins t- a fixed (dally) intervals continuously in the City of Fayetteville, County of Washington, Arkansas for more than a period of twelve months, circulated es and distributed from an established place of business to subscribers and F. readers generally of all classes in the City & County for a definite price for each copy, or a fixed price per annum, which price was fixed at what is considered the value of the publication, based upon the news value and service value it contains, that at least fifty percent of the subscribers 'I - IPAL thereto have paid cash for their subscriptions to the newspaper or its agents r s+ or through recognised news dealers over a period of at least six months; ,le tes and that the said newspaper publishes an average of more than forty percent news matter. e ". • fao ��, I further certify that the legal notice hereto attached In the matter of . , Ilehen ..enleii,n , gym• , enc a ct au; o!.lOe it . ._------------ tied ,ftintrI OOe. was published in the regular daily issue of said newspaper for f __ -"• D oagar PsTW E'a° '' - consecutive Insertions as follows : M M,I¢4krt�-.on. Pnb .. diW �'Rttiaenl The first insertion on the -�� __ day of ,ne hot . O I the second insertion on the ___ day of ___._. _. 19- ------... r b•„h- i _ _ _ . 1 1 1 1 VI eiUN ori lei M 11 , „ III the third insertion on the __ __ _ day of __ ------- 19------------ .i . I ea above ' j Ib i and the fourth insertion on the _ .. • _ _._ ._. day of -------- — ....._- 19-- ---- ❑ rl eC�,al ensu➢lel Iti kips- •)W� it, toi tLe of 8CA ,. aprrbw CAI* '- •A6 k ;� " . Sworn to and subscribed before me on this _ _.. ...._ day of ._._. bp the U19 z� 's -----'--_....' -'---- ----- Ilf Notary Public �^ M Commission Expires : Ile IO Fees for Printing r 3 . - of Cost of Proof ---------------- i......------------------ a 3 , r, Total ------------ =--'5�----- uel 10 I � The Parking AWborRs• then with ather lifneitha aganclr for fo^muhtian d a master plan and adopt n master pion for atdoma e parking HrilIMg��s� as a gulds Ar future prahlhfl� ' or, picking b properly Integrated with present proposed parking facilileg. subject to alterationand including Anagram Ce of construction and e method of Startling. "he Parking Authority 1s hereby gu- li thorized to 90 design and brat a art greet parking facilities as to best ) si me table purpose for which vBh facilities are intended. Such mei ❑ties may conalst of Iota, improved r unimproved, single or multi-level gar- ages, and Offer structures and Ali sotles, See. 14199. Financing of Parking FeML ILo Aller the master plan of perking facil- ities That been adopted by the Park- irvg Authority, such facilities. when ap proved as provided in Sec. 19.197 here of. may be financed by the issuance of reyeaue bands in accordance with the Authority started by Art 488 of the 1949 ACM of me Arkansas Genti Ag- tart or amother authority' grant- ed by the Arkansas General As<embly. Sec. 19-sM Arriumtion of Property' and Property Rights. For the purpose of this division the Parking Authority it hereby authorise. sd to Acquire private or White real or personal property and property rights, above, at or below the surface of the earth necessary for off street parking facilities, by purchase emin- . ent domain. gift, lease or otherwise„ Properties; acquired by the Parking Aullari shall be held b)' "id au- thority in trust for the use end Mnefil of the City d Fayetleellle. • muNcl- rorporation. 19201. constructim d Perkin¢ Fe ,s Parking Authority Is hereby An. mnrised to mnsiruM or fame b bel constructed, or otherwise acquire Wb. be off .street parking facilities above, at or below the surface or the earth, . incumng buildings, structures, equip Pnt, enlranPPF, sits, forest and other accessories necessary for the safety or convenience of persons using s meNat f a dor be mr irrt¢d to *a bidder gq�rtr Sec. 202. and Rap01h[7A The Perking Authority shall maintainl proper acO9unting and finanMal yea ' ordi of all transactions arch provide and file An annual financial statement with the Oily Clerk for any period in : which fmnncisl transactions occur. See 19-220:1. Emplo%ees, The Parking Awthordy is hereby on. thorized to employ such persons as it deemsfurtherance of ds duties hereunder, Including auditors. Accrua is And Attolnm's. Where state law or cit' ordinance rrouires. any simplicities herein authorized shall he chosen by the Civil Service C malt, shot in the manner requlred Iry law. PISSED AND APPROVED this 5th day of Jose, 1972, APPROVED: .r. F Simi. Mayor ATTEST: Helen Young, Cttv Clerk 1TC 17