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HomeMy WebLinkAboutOrdinance 2806 F r9a? rrAr oR R�CoRo 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