HomeMy WebLinkAboutOrdinance 2653 V i ,
1 1� E[1 F '
1930 AubOR P�co'�o
14 411 /1 . 34
ORDINANCE NO . 0244� 53 TTOPJCa .
RCUI�`LL Fvy fRARI(.
AN ORDINANCE AMENDING CHAPTER 18 OF THE FAYETTEVILLE RJi
CODE OF ORDINANCES TO REQUIRE CONSTRUCTION OF SIDEWALKS .
BE IT ORDAINED BY THE BOARD OF DIRECTORS OyF,gTTHEyCITY OF 7�,
FAYETTEVILLE , ARKANSAS : L�'1ICROPHILME 11�
Section 1 . That Chapter 18 of the Fayetteville Code of
Ordinances is hereby amended by adding Section 18 - 31 to read
as follows :
Sec . 18 - 31 . Property owner to construct sidewalk upon
receipt of notice .
( a ) The owners of any property abutting a public
street or highway for which a sidewalk is shown on
C the City ' s Master Sidewalk Plan shall construct a
sidewalk along said street or highway within three
months from receipt of notice from the City Manager .
Said Notice shall be issued at the same time a
building permit for the property is issued . Said
sidewalk shall be constructed in accordance with the
specifications for sidewalks prescribed by Section
18- 28 of the Fayetteville Code of Ordinances .
( b ) If the owner of any such property shall fail or
refuse to comply with the provisions of Paragraph ( a )
above , the City may contract with some suitable person
for the construction , re-construction , or repair of
such sidewalk , on the best terms that can be made ,
after giving reasonable notice to such owner or the
agent in charge of said property of an intention to
do so , and the City may pay said person for said
construction , re- construction , or repairing the same .
The amount so paid by the City , together with 68 penalty
added thereto , shall constitute a charge against the
owner of said property and shall be a lien on said property
from the date of the commencement of said work .
( c ) The provisions of this section shall only apply to
property :
1 ) Located within a new large scale development
as defined by the City ' s Zoning and Subdivision
Regulations ;
2 ) Located within a new subdivision ;
3 ). On which a new structure is being built ;
4 ) On which an existing structure is being modified
so as to increase the number of dwelling units located
therein or, to change the use to a non- residential use .
( d ) The Board of Directors may waive the requirement that
a property owner construct a sidewalk upon a showing of
undue hardship or practical difficulty .
MICROFILMED.
• : t ,
- 2 -
Section 2 . The Board of Directors hereby determine
that there is a shortage of sidewalks in the City of Fayetteville ;
that adequate sidewalks are necessary for the public health ,
safety and welfare ; and that the passage of this ordinance is
necessary to provide adequate sidewalks . Therefore , an emergency
is hereby declared to exist and this ordinance being necessary
for the public welfare shall be in full force and effect from
and after its passage and approval .
PASSED AND APPROVED this i` day of 1980 .
APPROVED :
Oce
+ , MAYOR ,
of 4
s. f; T RR
�n
CERTIFICATE OF RECORD
State of Arkansas
City of Fayetteville ( SS
I, Bonnie Goering, City Clerk and Ex-Officio
recorder for the City of I':yettevi'le, do here.
by certify that the annexed or ferevoing is
of record in my office and t"c same ap,
Pears din Ordinance & R.eesoolution book
—+ "t page--�� Witness my
hand ands 1 thfs clay of
1
City erk and Ex-Officio R:r,
-1 - I P
' 1 i
CERTIFICATE OF RECORD
STATE OF ARKANSAS I SS.
Washington County I
I, Alma L. Kollmeyer, Circuit Clerk and Ex-Offirio Recorder for
Washington County, do hereby certify that the onnexed ,r�day
going instrument was filed for recordin myeeoffice on thoLL
91M i clockaM, and the same is
duly recor din —record ids at Pago—��/�"
' Witness my hand and seal this�day of
19�W/
Circuit Clerk and
Ex�ft{cjo Recorded
9y �/ Deputy Clerk
STATE of ARKANSAS 1
County of Washington
hereby certify that I
am the Publisher of THE NORTHWEST ARKANSAS TIMES, a daily
newspaper having 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
ORDiNA.NCE N0. rs3s
AN ORDINANCE AMENDING Is fixed (dally) Intervale continuously In the city Of Fayetteville, County Of
CHAPTER
cone of owls.Y917 Washington, Arkansas for more than n port,M of twelve months, circulated
To REGOIRE CONSTRUCTION OF and distributed from an established pisco of business to subscribers and
SIDEWALKS. readers generally of all classes in the City ,R County for a definite price for
BEITORDAINEDBYT"EROAw each copy, or a fixed price per annum, which price was fixed at what Is
OF FA DIRECTORS
Y6TYEN'ILLE ARKANSAS: OFI
section 1 That CnaPtm Is d u 'valu
p considered the value of the publication, I%A4od upon the news e and
Faveftevine Cade Of Ofdiaaraes service value It contains, that at least fifty percent of the , subscribers
herby amended Cy adding SeCaO" thereto have paid cash for their subseriptteue to the newspaper or its agents
Ibs1 to 1340 u Idbn: awmr to con•
SM tem. lkPupbo oceiptd edits or through recognized news dealers over a period of aL least six months ;
atfttd allow'• Pond my property and that the said newspaper publishes an average of more than forty percent
U) The "reel or y- aY for
Abuttinga W news matter.
which a sidewalkis shown an the car'•
Master Sidewalk plan than comwct a
sidewalk akng said sneer as highway I further .certify that the legal notice hereto attached in the matter of
withinthrt months Tram recdpt d
Noce Ilam
ow ei City Manager- Said
NoticeNoticetMubeitree timeis
a building Permitit for same the lir c n- U
homed. Said siccordk�with be `o� I '
sspecificationstcfaccords
bySetonI&ec sidewalks amt^� was published in the regular dally Issue of sold newspaper for
Co $cerise ley d the Fayetteville
coaadtheOwnas. consecutive insertions Be follows : (((��� /' �=
fel It Op owner d any o some troPer• - i I I t
ty aNR fail or elute to cofnP Y wfN ) 1f [
L povisions d Paragraph (a) above. The first Insertion On. the day of
the City may miyact with soma J
witaeleperaon for the sidewalk, on tip 19
hest terms that can be made. after gm . the second insertion on the day of
Ing maustable notice in such owner or
the agfmf in charge of mid Properly of- 19
on Intention to do w. and the City My
P•Y mid peRon lec aaW eanswedon. the third insertion on the o
recmutmclion, or re"urlog ftp tame.
The smrual w paid by am City.' and the fourth insertion on the 17
�npr with s percent penalty added da+ fit
ususte, shad constitute a charge,
egaiwt tip owner at said prope"Y and 1 t\fill
scall ha a 1)m m SAW WProperty from Y./ (. r
the dated tha ams
of said
work. vhiwu d this section
(c) The pro
than only taD ly Nin 'large Kale Sworn to and subscribed before me On this day of
1) t.oea ICs City t
development at defined M eCit
2odngafd d within Regulations; 1 ���>,f t 19
3) Loc•tai thine a new tionI
Mon;
3) On which a new structure h being .
war
s) On which an existing.elrucm13 e
being modified to as to fnereew We Otary public
wits
nthessm or to changW of e located
the use to a men
resdmbalasts.
lm Tne Roars of Difeclan may My Commission Expires:Q
valveOp requ've i that a property
a s
ow'fpi rofuidewalk ups a'
shpwingd wl dne haNsldDwpractical -
difficulty.
Section t. The Board of Directors ...
hereby determine that repro is a
rage of sidewalks in ftp City of ks yet-
Are Fees for Printing
teeca ; that adequate sidewa.ls etc
taaessary for the publp health. safety
and welfare: And Out tae passage of .
Ws nate sid w elks.Try ef p°t'We Cost Of Proof ---+---+, _
adequate ordinance
necessary
nary 0 13, an i—fin!—� /=„ )
,^ emergemY is hereby declared to exist
and this ordinance being necesaarY far Tow
the public welfare shall be In full !arse C � i V
and effect from and after as passage . 1�
"approval.
PASSED AND APPROVED it" M h
day of August. 1900. APPROVED:
John Tadd r^ '• V j .�s:iU
MAYOR
ATTEST: i{-^•yrTfn pay . n
Bonnie Goering
CITY CLERK
tuts