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HomeMy WebLinkAboutOrdinance 3353 I FILED FOR RECORD ' 88 JUN 10 Pfd 3 45 WASHINC10 ,y CO AR A . KOLLMEYER \ �ow G ORDINANCE NO . 3353 AN ORDINANCE AMENDING SECTION 4 - 20 OF THE FAYETTEVILLE CODE OF ORDINANCES TO AUTHORIZE THE IMPOUNDMENT ANY DOG OR CAT FOUND RUNNING AT LARGE WITHIN THE CITY . BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That section 4 - 20 of the Fayetteville Code of Ordinances is hereby amended by amending the first sentence to read as follows : The Fayetteville Animal Shelter is authorized to accept from the Animal Control Officer or any private citizen , and to impound , any dog or cat found running at large in violation of this article . PASSED AND APPROVED this 7th day of June , 1988 . APPROVED. n ^ , By :�cA4 r�J Q"g,6� Mayor �f ATTEST4' LN i .' Clerk i up127JPoGEUj10 CERTIFICATE OF Rf . :cO State of Arkansas SS City of Fayetteville Alma Kollmeyer, Circuit Clerk and Cit Clerk and Ex-officio Recorder for Washington County, I, Suzanne C. McWethy, y Arkansas, do hereby certify that this in- Ex-Officio recorder for the City of Fayetteville, strument was filed for record in my office do hereby certify that the annexed or fore- as indicated hereon and the same is now going is of record in my office and the same ap- duly recorded with the acknowledgement pears in Ordinance & Re5nt, aO:l i;COk and certificate thereon in :Zecard Book and y`' ' ` / at page Soo Witness my Page as indicatad thereon. h!;ja ;a#ndseal tday of hN WITNESS WHEREOF, I have hereunto }la and seal tr is sot my hand and affixed the seal of said /?a Court on the date indicated hereep, 'max `' �• Alnna Kollmeyer ,ty ik and Ey--O to Recorder Circuit Clerk and Exrofficlo gocotcf 'c 6�m� 2 ' June 7 , 1988 213 . 1 running at large within the City . She said this would protect private citizens r who place at large animals in the Animal Shelter . The City Attorney read the ordinance for the first time . Director Marinoni , seconded by Martin , made a motion to suspend the rules and place the ordinance on its second reading . Upon roll call , the motion passed , 6-0 . The ordinance was read for the second time . Director Marinoni , seconded by Martin , made a motion to further suspend the rules and place the ordinance on its third and final reading . Upon roll call , the motion passed , 6-0 . The ordinance was read for the third and final time . . . 213 . 2 Director Marinoni asked if there had been any input from citizens on the ordinance , commenting that he could see this might be a little bit controversial . City Attorney McCord said this was mainly a "housekeeping" item because of concern expressed by litigation and a court decision in another jurisdiction where the local ordinance did not expressly authorize the "pound" to accept animals from a citizen , as opposed to the animal control officer . He said in his view it was noncontroversial . City Manager Pennington said the ordinance would make legal what is currently in practice . 213 . 3 Upon roll call , the ordinance passed, 6-0 . ORDINANCE NO . 3353 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK r l � WATER ASSOCIATION CHANGE 213 . 4 The Mayor introduced a resolution authorizing an amendment to the City ' s existing water purchase contract with the Mt . Olive Water Association , allowing them an additional water metering point and increasing the amount of water they can take from the City system from 300 gallons per minutes to 450 gallons per minute . She said the City Engineer recommended approval . 213 . 5 Director Lancaster, seconded by Martin , moved the resolution be approved . Upon roll call , the motion passed , 6-0 . RESOLUTION NO . 44-88 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK t � WATER SERVICE EXTENSION 213 . 6 The Mayor introduced a request to extend water service to property located north of Highway 45 East and east of the City ' s Growth Area . She said the City Engineer recommended approval . She said Ms . Sugg was present representing the petitioner , Mary Joiner . 213 . 7 The Mayor . asked if the property was in the Growth Area . The City Manager replied that it was not . Director Lancaster said he had reservations about the City extending water outside of its Growth Area , unless the area would be 212 June 7 , 1988 the ordinance . The City Clerk advised the ordinance would be published three 212 . 1 or four days after its receipt . Hess said he wanted to give Wilkerson an opportunity to take down good 212 . 2 materials , commenting that he would hate for them to be razed with the rest of the materials . Wilkerson said his foundation was quite usable . The Mayor said Wilkerson had the option of razing and removing the building himself . Wilkerson asked if he would have an opportunity to build again after removing the materials . The Mayor said he would if he could obtain a building permit . She said the City would not deny him a building permit . Director Lancaster said it wouldn ' t be permissible for Wilkerson to stack up 212 . 3 materials on the lot . Wilkerson asked if he would have to remove the foundation . Property Inspector Richard Wilson said Wilkerson would have to remove the foundation and bring it back to "natural ground . " He said , in order for Wilkerson to obtain a building permit , he must meet setback requirements of the zoning ordinance . He said if he obtained the permit he would have nine months to complete the project . Wilkerson said that meant he couldn ' t do anything because he cannot meet setback requirements . The City Manager said Wilkerson can seek a request for a variance from the Board of Adjustment . Upon roll call , the ordinance passed, 4-2 , Directors Martin and Kelley voting 212 . 4 in the minority. ORDINANCE NO . 3352 APPEARS ON PAGE OF ORDINAMCE AND RESOLUTION BOOK The City - Attorney advised the Board vote on the emergency clause because the 212 . 5 ordinance did not pass unanimously . He said this would require a 2/3 vote , or five Directors voting in the affirmative . Director Lancaster moved the emergency clause . There was no second to the 212 . 6 motion . The Mayor declared the ordinance to be effective 31 days from the date of its 212 . 7 publication . COMMITTEE APPOINTMENT Director Kelley reported the Board Nominating Committee recommended the 212 . 8 appointment of Anne Thomas Ray to the Historic District Commission to fill the vacant position formerly held by Bill Flynn who has resigned . It was so moved by Kelley and seconded by Lancaster . Upon roll call , the motion passed, 6-0 . ANIMAL IMPOUNDMENT The Mayor introduced a request from the Public Safety Director for an ordinance 212 . 9 amending the City Code to authorize the impoundment of any dog or cat found