HomeMy WebLinkAboutOrdinance 2806 F
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ORDINANCE NO . 4 6 6 S,811VC 4 4# 40-. 46
AL pf� r�1/ r p
Rti k0 ��k.
AN ORDINANCE AMENDING CHAPTER 18 OF THE/ ix c y
CODE OF ORDINANCES TO PROVIDE THAT NO PUBLIC 1. ET
SHALL BE CLOSED DUE TO ANY EXCAVATION FOR A PERIOD IN
EXCESS OF TWENTY - FOUR HOURS WITHOUT THE PRIOR APPROVAL
OF THE CITY MANAGER ; AMENDING SECTION 18 - 41 OF THE
FAYETTEVILLE CODE OF ORDINANCES TO INCREASE THE AMOUNT
OF THE BOND WHICH MAY BE REQUIRED TO GUARANTEE REPAIR
AND REPLACEMENT OF AN EXCAVATED STREET ; AND DECLARING
AN EMERGENCY .
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE , ARKANSAS :
C1 Section 1 , That Section 18 - 41 of the Fayetteville Code
of Or inaa nces is hereby amended by amending the first paragraph
in said section to read as follows :
No person shall make any excavation for which a permit
is required by Section 18 - 40 above , unless a cash bond
is first deposited with the City for the purpose of
guaranteeing repair and replacement of said street or
public way as prescribed in Section 18 - 43 below . Said
cash bond shall be in an amount equivalent to the
estimated cost of properly repairing and replacing said
street or public way , as determined by the City Manager
or his duly authorized representative . All signing ,
barricades and other traffic control and safety devices
utilized in conjunction with street excavations shall
conform to the requirements as set forth in the "Manual
on Uniform Traffic Control Devices " as published by the
Federal Highway Commission .
Section 2 . That Chapter 18 of the Fayetteville Code of
Ordinances is hereby amended by adding Section 18 - 44 to read
as follows :
Sec . 18 - 44 . Unlawful to close street for excavation
purposes in excess of twenty - four hours without approval
of City Manager .
It shall be unlawful for any person to cause a
street to be closed for more than twenty- four hours due
to the making of an excavation without the prior written
approval of the City Manager , or his authorized representa -
tive . In granting such approval , the City Manager , or
his authorized representative , shall - impose time
limits and such other reasonable conditions as are
P .
necessary to minimize any inconvenience or danger to
�� ® 1060 688
- 2 - f
the public . Any person convicted of violating this
article shall be fined as provided in Section 1- 5 of
this Code .
This section shall not apply to emergency repairs .
Section 3 . The Board of Directors hereby determines
that many streets in the City are being closed for extended
periods of time due to excavations by utility companies and
others ; that such extended closings create an inconvenience
and danger to the general public and are detrimental to the
public welfare ; and that the passage of this ordinance is
necessary to prohibit such extended closings . 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 o0441day of rA'
1982 .
APPROVED :
or F ktr T
MAYOR
66,1 t
CERTIFIr„ ' :r 3CORD
C' State of Ar'..,: :. .
City of r:,
I, Suzmr1^ ^
'"v Clerk
Ex-Of f i, c. . . . .. . ... . . .. _ . _ , 11 %) of Fayett
do here's oexed or
CERTIFICATE OF RECORD gO1Ot `s '" :d the sari
STATE OF ARKANSAS I Pears ini) i . . . . . _ation boo .
SS. _
Washington County
I, Alma L. K01L'n ±yer. Circuit Clerk and Ex-Officio Recorder for
Washington County, ;o hara7y certify that the annexed or fore.
going Instrument was filed for
//recyy��� ff in my office on the�—day
Of 19�at0nno'clocko4M, and the same Is y _ O ici0 .._r, i:2
duly recorded In 0 AEUZ record., 1040 at page- 7
Witness my hand and seal this day of 19
Circuit Clerk and
Q='
�
Ex Officio Recorded
6y V r Deputy Clerk
®1060 689
STATE of ARKANSAS 1
ORDINANCE
NOME � County of Washington 1y BB.
CH. ORDINANCE AMENDING
,CHAPTER 16 O THE
I
VRDINATEVI LLE CODE OF
7DltDINANCES TO PROVIDE THAT]ET SHALL BE ; O� flea i hereby certify that I
CLOS'EDUC URE TO ANY . r7 �
(EXCAVATION FOR A PERIOD IN am the Publisher of THE NORTHWEST ARKANSAS TIMES, a dally
4EXCISS OF TWENTY-FOUR HOURS
t HOUT THE PRIOR APPROVAL newspaper having a second Class mailing Privilege, and being not lees than
roe THE CITY MANAGER : four Mages Of five columns each, published at a fixed place of business and at
tt�A� MK.NDING SECTION 16x1 OF THE
9 AYF.TTEVILLE CODE OF a fixed (daily) Intervale continuously in the City of P'syettevflle, County of
SORDINANCES TO INCREASE THE Washington, Arkansas for more than a period of twelve months, circulated
'AMOUNT OF THE BOND WHICH
(MAY HE REQUIRED TO and distributed from an established place of . busluess to subscribers and
GUARANTEE REPAIR AND }Faders generally Of 8l1 Clsaees in the Clty & County for a definite price for
RE AVATEME NT T: AN which price was fixed at what 1s
EXCAVATED• STREET: ' AND each CopyNG AN EMERGENCY. , or 6 fined price per annum,
fXBEMIT ORDAINED BY THE BOARD considered the value of the publication, based upon the news 'value and
OF DIRECTORS OF THE CITY OFeeivlCe vBILLe it contains, that at least tttty percent of the subscribers
AYEITEV IIJF.ARKANSAS;
Sermon L That Section I"I of Via thereto have paid cash for their subscriptions to the newspaper or Its agents
areurvIRe Dade or Ordinance' is or through recognised news dealers over a period of at least six months;
tbereby amended by amending the first
1poratimph In sold section b rad as and that the Raid newspaper publishes an average of more than forty percent
'NaPerson
. atoll make any news matter. .
aweanoa, fw-.which a_ permit i,
twyuirea by section laao above, miles. I farther certify that the legal notice hereto attached in the matter of
fi bwau
cash l first deposited with the
rS,Qty� fpr We purpose of gturmteNog
:,repair and Y as preentscribed
a said street
tion y� rl ' /{ ^ t•/ \
vl public way as prescribed h Serum
vIW below. Said cash bend shall be m 1 .
Edutygahwarricades
equivalent to the estima"
properly repairing and
At
aid strew w public way. As was published in the regular daily issue of said newspaper for
by the Lxy Manager
ive' ll consecutive insertions as follows:
e rend ofer eraAll ic rtyand onset utifind in
And! .Witty deecif c"tti m The first insertion on the — day of ID
rtwj,
eem winr genet mmeas r
conform t b the chin anmmfa m
h in the "Medrol s Uniform
Contra Devise-.•r prmlidad the second insertion on the day of 19
ril Highway Commission. ID
L That Chapter It of the •
vilk Cede d Grill ces is I the third insertion on the day of
ataerdee by adding Section 19
bread as!.Iowa: Aay Of
0. See. 16 1. Unlawful to close street and the fourth Insertion on the
excavation purposed in exceas of
eprY-/ota boon without approval of
Yty Ma]I be b
Ralull beuatsw/W los an ` iiYYll
a street b be shard for mow
twentynoar bans dont b me
a an escavatlm viOtmt the
iw wrinm approval ce UK city Sworn to and subscribed before me on this da7 of
auger. , or , his au thorned
repnmmlaliva. In granting such
ppraeal, the-City Manager, w his '
uraor"Ed representative, shall 18
ume limits and such other
blecondition a are nec,ou ry i\
[ete�agpvunimrse any imm�vmimce w
Ecv�.' b violating
ting public. Any pram : Notary Public
Ktad
of An p rime
{{''4•flwd as provided in Stenon Is a
WriCede, _ _
Raded
eecfion 'shall Fol apply
ncy
rroal1f' My Comm ton 1�PIr": \ ) .
n a. Tile aearo of Directors; .. 'j :`•1
determirre Unit many streets , 1�� I I1/ ,
City aro being closed ra _ ,• \r Iperiods of time due to )
{{tfaaovatiom by utility companies and i
[Mb•n: that sush extardM elmings
b an it WIrwirience and danger b
4715
naral public and aredevimental j Flees for Printlug . 4 I f
e public 'wesare: and that the j r l
tpe of it" ordfnarae u nttaam'y
il rich "tended closings Cost of Proof 1L .
an erwrgerK • ts hereby b axisL andOrdinance 1 � �fpr the public welfare Totaln ful fore and effect frim lrlilltOr"t`teriu Pes,Wgeandapproval. j
.' PASSRDAN\'DAPPROVEDth6lgh,,
�da`•,ofApril, IBM p, .
yu6;.. Paid R. Noland
•A7TFST: . RECEIVED
Rowe
+67gYCIERK-
SJ ' - �,>. MAY 131982
ACCOUNTS PAYA6LE