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HomeMy WebLinkAboutOrdinance 2321 LL ( � r !J :rt R r C 0 !.) ORDINANCE N0 . ' A9Z '77 APR 18 PO 2: 15 AN ORDINANCE AMENDING SECTION 18 - 47 ( B ) OVIqTC AYEPTRVTLLE CODE OF ORDINANCES ; TO ESTABLISH POLICIES FOR PAWD STREETS ; TO ESTABLISH POLICIES FOR PAYMENT OF A&MISRTALO. E 'f P CONCRETE STRUCTURES ; AND FOR OTHER PURPOSES . CIRMIT CLER:( BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That Section 18 - 47 ( B ) of the Fayetteville Code of Ordinances is hereby amended to read as follows : Be Unpaved Roadways . 1 . Upon approval of the City Board of Directors , the city may participate in the paving of streets which do not meet current subdivision standards for new street construction . The conditions under which the city may participate in such construction are as follows : ( a ) The existing unpaved street must connect to an existing through ( not a dead end) street at each end . ( b ) The segment of street must be at least three hundred ( 300 ) feet in length and connect to an existing paved street at each end . ( c ) The city shall not permit the paving of a street which cannot be paved to a minimum width of sixteen ( 16 ) feet wide excluding necessary shoulder width and borrow ditches . ( d ) The intent of this policy shall. apply only to existing streets which are presently being utilized by public through traffic and not unopened dedicated street rights -of -way . ( e ) All necessary materials as required by the City Manager and City Street Superintendent shall be furnished by the adjacent property owners or residents . Materials shall include bank-run hillside gravel sub- base as needed to establish a consistent grade , six ( 6 ) inches of SB- 2 base material , two ( 2 ) inches of Asphalt cement hot mix surface course , ( grades exceeding ten ( 10 ) percent shall require six ( 6 ) inches Portland cement con- crete surface course) , drainage tile as needed and cost of concrete structures for drainage control . Sub-base and base material shall be compacted to a standard proctor density of not less than ninety ( 90 ) percent with a steel wheel roller of not less than eight ( 8 ) tons in weight . ( £ ) The city shall not incur any costs other than furnishing necessary labor , equipment and supervision for any street qualifying under the above policies . Any laborer not already employed by the city and any equipment not already owned by the city shall be paid for by adjacent property owners . Concrete drainage structures shall be one hundred ( 100 ) percent property owners ' costs . ( g) The allocation and financing of property owners ' costs shall be completely independent from the city . 2 . Board determination of city participation shall be based primarily upon general public benefit to be de- rived from the street construction , This policy is intended to be used as a means of improving the movement of cross- MICROFILMED Z 1978 029 189 RFF1�= .. - 2 - town type traffic by providing more access routes for the general public , and not as a means of subsidizing subdi - vision development . 3 . When development takes place along an unpaved street , the developer , at his expense , shall install curb$ gutters , and sidewalks and shall provide any additional street width and street right-of-way where needed , 4 . City participation shall not interfere with the normal , regular construction schedule and maintenance schedule of the city ' s Street Department as contained in the annual budget . Section 2 . All ordinances and resolutions , or parts thereof , in conflict herewith are hereby repealed . Section 3 . The Board of Directors hereby determines that the present policies for paving unpaved existing streets should be changed to facilitate the paving of said streets ; that there are numerous unpaved existing streets which are hazardous to the citizens of the city ; and that the passage of this ordinance is necessary to enable the paving of said streets . Therefore , an emergency is hereby declared to exist , and this ordinance being necessary for the public health , safety and welfare , shall be in full force and effect from and after its passage . PASSED AND APPROVED THIS" ;5 DAY OF , 1977 . APPROVED : t'r • MAYOR �ATTP9S Y; ? CIMT11FICATE OF RECO" Fy � . State of Arkanaaa �= , , •. City of Faya%tevlAe ;y ITY C ~ '` . . . . ,.. ' . . ':`r I. Darlene Westbrook, city ClW>t clad lI& Officio recorder for the Clty of "ttoville, do hereby certify that the 4njk"44 of ford- going is of record in my0 40 444 the Name appears in A� 6C k �Wnck CERTIFICATE OF RECORD :�:L at page EF witneee my STATE OF ARKANSAS hand and this ._�.8.._ dgy of Washington county ] SS. ue,�L : ._f I, Alma L. Kollmeyer, circuit Clerk and Ex-Officio Recorder for , 00� Washington County, do hereby certify that the annexed or re. '\ City Clerk and X%mOfficio Recorder going i trumenrivas filer reco�VZmyv�Office on the day 19 a o clod/:' M, and the sam f i duly rec ded in ecord at p ge ldltnew my hand and seal this ay of 19 KOLIM ' ,.Circuit Clerk and AX-Officio Records By - , _ Deputy Clerk 029 190 STATE of ARKANSAS 1 JS ss. County of Washington U • I , � r i, ` , hereby certify that I ORDINANCE NO. zxzl am the Publisher of THE NORTHWEST ARKANSAS TIMES, a daily AN ORDINANCE AMENDING SEC newspaper g g privilege, and being not leas than 710N ji_I7 R) OF THF TF( TUX CODE OF ORD NANCEC TO lour pages of five columna eachs p milling at a fixed place of business and at ESTABLISH POLICIES FOR PAVING t'CPAVED sTReers: To Esr.Asusll a fixed ( daily ) intervals continuously in the City of Fayetteville, County of JiA TF. AIALS AND CONCRETE Washington, Arkansas for more than a period of twelve months, circulated STRUCTURES: AND FOR OTHER pl,-RPOSEs. and distributed from an established place of business to subscribers and RE DIRECTORS ORDAINED HT THE BOARD readers generally of all classes in the City & County for a definite price for OF TEVIL OF THE QTTY OF FAl'F.TTE1. ThtAAHANSA8v each Copy, Or a fixed price per annum, which price was fixed at what is 4cton L uhf he of rd"8 47 (B) of . me FeyeHeval• Cone or Ordmancee w . considered the value Of the publication, based upon the news value and bereby amended to read a me•wa: service value it contains, that at least fifty percent of the subscribers B. UrWavM poadw"a. I upon approval of ON Qtr award thereto have paid cash for [belt subscriptions to the newspaper or Its agents er nuertoo, the CAY roar perup"'a or through recognized news dealers over a ng of stasis which )do g period of at least six months ; to the pavi Apt meet cunaat substividon a 1 da and that the said newspaper publishes an average of more than forty percent her new •tret Ina. neve matter. conditions under which the cYm . Participate In Inch .l trYCtta► .are os fouawc 'r' I further certify that the legal notice hereto attached is the matter of in) Thre exbtlp6 tt�upF+tt)vM set Connect to an enefpti' e Mad rod) street at Yeti (h) The segment of ` he at least three hundred tefn fat � r� a 2 �r , in eolith end connect o an eaYlY _.. __ ---__ \_. . _-_SJS__--.--___L.-_`—'AJIt�L ^Ted, street at each et ..,., .,as p I The city `hn pe+M1R allcelanwhi n Me" be , was published In the regular dally Issue of said newspaper for----- .1..-..-.__. ceeYrlhim Insertions as follows : .,tl.. ,,,I,u oY.• ' i 'rll - I A'd°�to The first insertion on the -_:�h�. l day of _41111 --- 19-11-_- ecW tilt' V TTT 1..16s ultNtrd 7 4'god141, If i ' `%"r the second insertion on the day of —_ ----- 19------------ IV Ids u _. the, city 11Pnaper and CI > street SuperblanAevt shall be the third Insertion on the __. __.. day of ____.__-----_ 19------------ tlrrnWed by Ir irl � and the fourth insertion on the ..... _ . day of ___--- ------------ G= Sworn to and subscribed before me on this _ 1 -..___..---- 11f17 0[ _---__--_ --.------------------------ ----- ---------. 19----�1 abthea . . .ase say --------�--t-�-t—i[--4+� Notar ublic w My Commission Expires: ,it ro JC / v .` 8e11ea A AB or T•elutlpaa ae.path qot s 's h•stwlth As Mras► repealed. rr 11 Section 9. 'Tfihe Bend Of 111rt'eton pl Fees for Printing ....... 9. .?0 Ilig hereby dMelmias thee th• pnveeM ra .. - ----------.- policies foe pavlog aneMved exlanng 1* a should be der _ Cost of Proof .......... the ft dt of and hiders; that tmee This pAidy Is to used _ --._ _.. ...._ paved exisnog strei as a seeaN or improving the 4 which are hazardous to the efthensi movema•e of crostewn type "rat Total ___ / he pacwee br �I' ._. :._. ..._. ._- er the arty: And that t hne Pr d. alone an unpaved developer. at his expense, shall 1� I culdis, staters, and sidewalks and ¢Fall provide any additional steel width and street rightof-way where needed. r•Ifv Iprlleirtation shall not tri b � .,. , ¢.Jar ,