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HomeMy WebLinkAboutOrdinance 2010 J jU �1 _ , X 110: 13 ORDINANCE N0 . 620/ 0 -,5„I `: Y�+ - IIiITY '' Ali'tA CL" CIZCu AN ORDINANCE AMENDING SECTIONS 1 , 2 , AND 3 OF ORDINANCE NO . 1661 ; TO DEFINE THE TERM SERVICE ROAD ; AND FOR OTHER PURPOSES . WHEREAS , Ordinance No . 1661 defines a service road to be a street or road parallel to a controlled access highway and separated therefrom by a curb or median strip or other physical barrier , and WHEREAS , the Planning Commission has determined that in certain areas a service road that does not lie parallel to and immediately adjacent to a controlled access highway is desirable . . NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTIORS OF THE CITY OF FAYETTEVILLE , ARKANSAS ; Section 1 . That subsections (b ) and (c ) of Section 1 of Ordinance No . 1661 are hereby amended to read as follows : (b ) Service . Road . A public street or road on which private driveways front and from which vehicles may enter a controlled access highway ; service roads are usually parallel to a controlled access highway and separated therefrom by a curb or median strip or other physical barrier , but the Plan - ning Commission may approve a service road having a different location if that location is in conformity with an adopted land use plan and master street plan . (c ) Development of land . Development of land shall include , but shall not be limited to , the construction of a new improvement , the construction of an addition to an existing improvement , or a parceling which results in the need for access and utilities . Section 2 . That Section 2 of Ordinance No . 1661 is hereby amended to read as follows : Developer to provide development plat . Prior to the devel - opment of any land which abuts a controlled access highway , the developer shall submit to the Planning Commission a plat showing the boundaries and legal description of the property to be developed , including the location of the right - of - way of the controlled access highway , the location of any existing access into said highway , and the location of a proposed service road . W� r; ;MIC�OFILMEOI 167 REaAT ,,T E oc � �� e Section 3 . That subsection ( a ) of Section 3 of Ordinance No . 1661 is hereby amended to read as follows : Provisions of a service road , constructed to the specifi - cations of Resolution No . 10 - 61 , September 11 , 1961 , as amended by Resolution No . 7 - 65 , April 26 , 1965 and Resolution: : 10 - 65 , July 6 , 1965 , with a fifty ( 50 ) foot wide right - of - way ; provided , however , that a service road may be constructed on state highway right - of - way to the published standards of the Arkansas Highway Department and acceptable to said highway department . The service road shall be provided at the expense of the developer . Section 4 . That subsection (c ) of Section 3 of Ordinance No . 1661 is hereby amended to read as follows : The service road (unless constructed on a state highway right - of - way ) shall be dedicated to the City of Fayetteville upon completion and acceptance . Section S . That all ordinances and resolutions , or parts thereof , in conflict herewith be , and they hereby are , repealed . Section 6 . That this ordinance shall be in full force and effect from and after its passage , approval , and publication . PASSED AND APPROVED THIS p� Q DAY OF , 1974 . APPROVED : MAYOR ATTEST : *TkERK � d0 CERTIFICATE STATE OF ARKANSAS CITY OF FAYETIEVIL•LF I , OLIVIA KELLY, 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 , Ordinance Number 2010 , therein set forth , and the same is as it appears of Record in Ordinance and Resolution Book, Voles IV, at Page 122-123 thereof . IN WITNESS WHEREOF , I have hereunto set my hand and affixed my official seal this 21st day of September , 1982 . City Clerk SWORN TO AND SUBSCRIBED TO BEFORE ME THIS day of 1982 . Notary Pub is My Commission Expires : CERTIFICATE STATE OF ARKANSAS CITY OF FAYETTEVILLE I . DARLENE WESTBROOK , 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 , (L//[Gl�lu2ti_np, / lil vw � nw 670 /0 therein set forth , and the same is �as it appears of Record in A..�GJ�,�g _(�c�ucanee. cukd s . �� Volume 1 V at Page Ba42- ia3 thereof . IN WITNESS W}IEREOF , I have hereunto set my hand and affixed my official I seal this 630 day of 19 YR�1 �o L r NS CITY CLERK CERT IFICAi E OF RECORD :. STATE DF ARKANSAS SS. Washington County I, Alma L. Kollmeyer, Circuit Clerk and Ex-Officio Record =r for ',F. « do hereby certify that the annexed or fore r>" ' Washington County, ^` going i trument was filed for record in MY office on the -11 day of lg/"a L2;�,i3lock� '�t, and the szme��isG record L—at Page i i duly r corded in 19 9� Witness my hand and seal thiALMA K of ALMA KOII ---- —__ Circuit Cterk and - 86YQ . 1 ,'. 71 Ex-Officro Recorded By 9g�) Deputy Clerk ,. CER'i'IFICA'i'E OF RECORD State of Arkansas City of Fayetteville ( SS I, Suzanne C. Kennedy, City Clerk and Ex-Ofi'ici. � re •or .er t >r Y:c C°*}. ,.p p„ vettaville, do he,,-.b/ ca;ti thatgci . . .. 171y r.f?i�3 •” ^ s:ana ap. Pears in Witless my hand and seal this.. .. --day of City Clerk and Ex-Officio— Recorder STATE of ARKANSAS 1 County of Washington ORDINAY( E NO. bete AN ORDINANCE .AMENDING SEC- . TIONS 1. 1 and 0 OF ORDINANdR JhPu [ r� ,, ,, fA,.NO. Idol; TO DEFINE THE TERN , 7 � fll�l� '^' �t" \ `^ hereby certify that I 611AVIOF. ROAD, AND FOR OTHM b1PURPOSES. am ieher o[ HE NORTHWEST ARKANSAS TIMES, a daily wHEREAa Ordinance No. 161R selling newser having a second class mailing privilege, and being not less than • service road to be a street or road. Pratte] to • controlled access highway four pages of five columns each, published at a fixed place of business and at and sepam{e�d therefrom by curb or a fixed (daily ) intervals continuously in the City of Fayetteville, County of median atrMdrr other physidal barrier, and Washington, Arkansas for more than a period of twelve months, circulated wHEREAs, the mmtng commission has determined that In certain areas and distributed from an established place of business to subscribers and 16 service two that mea orai le parallel vel ere It®ediehat adjaceral to readers generally of all classes in the City & County for a definite price for ";ed •ismas Its"my „ devirabia ea- e. each copy, or a fixed price per annum, which price was fixed at what is blow, EREFO RE IT OR- nA I°NE 80ARD OF DIREC considered the value of the publication, based upon the news value and •roll's rrry of FAVSPTF. service value it contains, that at least fifty percent of the subscribers VILtX, SAS: L 91st subsections int sad thereto have paid cash for their subscriptions to the newspaper or its agents (c) of, section t or Ordinance No. tell are hereby amended to Rad as follows: or through recognized news dealers over a period of at least six months ; (b) service Road. A public Shiest or and that the said newspaper publishes an average of more than forty percent road on which private driveways front ami from which vehictes may enter a news matter. nntrvlled access highway; service roads fora [welly manus e • ed therefrom om I further certify that the legal notice hereto attached in the matter of as highway and 1crip atl therefrom ns •.cure ser mMMn auto Planning otMr paysl. fol hurler, but the Pliricas Commia- s on may approve a eIt GO road m In n ' L!conformerentity lawitha u tae adopted land ns .- ---- ---0�V.-l..11-- in conformity with ae phas. land oa'. plan and master attest pada. lad shall erstincl de YO then be ,rr lens sono [recluse adt raw def b. was published in the regular daily issue of said newspaper for sH+mmited to, the ot • beer. roremaOn tae of aa- ase apaaacative insertions as follows: ).tpa m a er d osooner g whip rdealL In the need� q e , . __ _ n f/ tree ascan and The fire[ insertion on the r1S _ .. day of ..... }LV/SK.... ' seonon t Sof oetlhlarlgd 000 tin Iddl amehaed mre , ad --_-. s the second insertion on the day of 19 Prior to use deeelepmant of any lased wh.ch �eoel d scan hlaawq; the third insertion on the __ .. day of _ 19_. s1aire des wh Il to the nasi fll"n4 is ddal mowing as dmmdey apt level ldtTbtlw of M and the fourth insertion on the da of _ ___ 19_- yr �t in t M dsvateped. f the incipient tea y -- . ,� on a the dray, he location the cwtmb b. u Z as Netway. en ase and h accent Iib sed service highway. and 'hxatlon of • ploWaed arva) fwd. SCK-inn g. That subsection Illi (e) h Sec- o! Oroad as follows:fest b Wnby .a'mmded b not a follows: r-•v the sp • arrlp rof Construct.l- Sworn to and 4bserihed before me on this .S _._ da of .`i n the Of a 11eelloses of Realutlon - - y '-.....+ In 61, 6eptambM Il, im. as amend_\ I by Resolution No, rd6, April R6,a;; and Resedwon 1045 ]uip 6, 111 19dh A fifty (50) font wide rightof-wav: .......... nm.iied, however. that a service road mc has constmcled on state highway - rut-of-tray to the pobllshed ehndamseyg,g4� Of lhn A$asa s modesty Depar'snent and _lrooeZ —_-___._..._.. __ ___.................. nn-'retable to aid highway department. NOtar blic ;he nervlH Md shall be provided at the naPense of the developer. 5muw t. •that me88Cllut W Of Region I of Ordinance No: 1161 is hereby My Commission Expires : ,-m riled to mad as follows: The aerean road (d•1na constructed r-s on a state bighAy rltatnNwey) ansa M d .scaled to the City of Fayetteville nprm a )mplatton and acceptance. ------- - --- Ser .n 5- That all ordinances and rns, vas or facts, (hereof. In conflict beret% , a be, and theybemby are, re- 1,eelr 1 Fees for Printing .._.._ {.. . nh• n 6. That th.s oglianm shall be 1 ^., 1 and sure! Pion are atter W, — ..,a..; aprova. an apl and tTCost of Proof r r �r;n AND ArraOVER oveD THIS nus 21111; , A : cF MAY. 1974 -APPROV/mTotal .. . --- --. ;.--3 � { _ _ Rhwe'.1 T. Pbt'q "s!. n R'ePb:dpk NaSwr MV Perk