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
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CERTIFICATE OF RECORD
State of Arkansas ( SS
City of Fayetteville
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pears in fJ.:"Til ,v,e C.= Ra: .>:.:ii
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hand and sell t'.:°s -- _._rl .iy of
City Clerk and Ex-Officio Recorder
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STATE of ARKANSAS 1
County of Washington
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< ( 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
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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
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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.
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". • fao ��, I further certify that the legal notice hereto attached In the matter of
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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