HomeMy WebLinkAboutOrdinance 3738 ORDINANCE NO. 3738
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AN ORDINANCE AMENDING SECTION 159.30(E) OF THE
FAYETTEVILLE CODE OF ORDINANCES TO REQUIRE
THAT THE ESTIMATED COST OF THE INSTALLATION OF
SIDEWALKS BE PLACED INTO AN ESCROW ACCOUNT;
REQUIRING THAT SIDEWALKS BE INSTALLED BY THE
TIME OR PRIOR TO FIFTY PERCENT OF THE LOTS BEING
ISSUED BUILDING PERMITS; AND REQUIRING
SIDEWALKS BE PLACED FOUR FEET BACK FROM THE
CURB WHERE PRACTICABLE.
i
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS : ,
Section 1 . That section 159. 30(E) of the Fayetteville Code of Ordinances is hereby
repealed and the following inserted in its stead.
§ 159. 30 URBAN SUBDIVISION
(E) Sidewalks. Sidewalks shall be installed, according to existing City
standards and specifications as adopted by the City Council and shall be set four
(4) feet back from the curb where practicable. The Construction of all sidewalks
shall be inspected by the street superintendent to insure compliance with City
specifications. The developer shall pay for the sidewalk installation by placing
the estimated cost in to a City escrow account and entering into a contract that
will require that developer to install the sidewalk at or by the time that one-half
of the lots or units in the subdivision have received building permits. After the
sidewalk is installed, the developers shall be entitled to withdraw the entire
contribution made to the escrow account. If, after a period of five years, there
has been any development, but the threshold of fifty percent of the total lots or
units has not been achieved, the City may install the sidewalks utilizing the
escrow funds. In the event the cost of sidewalk installation is less than the escrow
cost of the sidewalk, the developer shall be entitled to a refund of the surplus.
If there has been no development after five years, the developer is entitled to a
refund of the total escrow account and a replat of the subdivision or a new large
scale development plan shall be required prior to further development.
PASSED AND APPROVED this 16th day of November , 1993 .
AP PRO
By:
red Hanna, Mayor
ATTEST: )
By: c4/
Sherry f. Thomas, City Clerk
CERTIFICATE OF RECORD
State of Arkansas SS
City of Fayetteville
1, Sherry Thczms, City Clerk and Ex.
Officio recorder for the City of
Fayetteviiir., do hereby certify that the
annexed or foregoing is of record in my
office and the same appears in
Ordinance & Resolution book X at
page S3 . Witness my hand end
Seal tars / ,T day of
14j
cicy c:��a� uzn Ex^Ufi:cit�e :o�r
,v
STATE OF ARKANSAS
ss.
County of Washing/to-fn n
I. /.--19�ML.(A( � hereby cer-
tify that I am the publisher 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 a fixed (daily) intervals
continuously in the City of Fayetteville, County of Washington, Arkansas for more than
a period of twelve months, circulated and distributed from an established place of business
to subscribers and readers generally of all classes in the City and County for a definite price
for each copy, or a fixed price per annum, which price was fixed at what is considered the
value of the publication, based upon the news value and service value it contains, that at
least fifty percent of the subscribers thereto have paid cash for their subscriptions to the
ORDINANCE NO. 3738 will require that developer newspaper or its agents or through recognized news dealers over a period of at least six
AN ORDINANCE AMEND- to install the Sidewalk at or months; and that the said news r ublishes an average than fort percent news
ING SECTION 159.301E) OF by the time that one-half of p� p g forty
THE FAYETTEVILLE CODE the lots or units in the sub- matter.
OF ORDINANCES TO RE- division have received build-
QUIRE THAT THE ESTI- ing permits. After the
MATED COST OF THE IN- sitlewalk is Installed, the I further certify that the legal notice hereto attached in the matter of
STALLATION OF SIDEW- i1 developers shell be entitled -
ALKS BE PLACED INTO AN ; to withdraw the entire con- �� �mU m,l n U-t- ��
ESCROW ACCOUNT; RE- trlbution made to the U U 1—�
QUIRING THAT SIDEW- escrow account. If, after a
ALKS BE INSTALLED BY period of five years. there i
THE TIME OR PRIOR TO has been any development, was published in the regular daily issue of said newspaper for
FIFTY PERCENT OF THE but the threshold of fifty
LOTS BEING ISSUED Percent of the total lots of consecutive insertions as follows:
BUILDING PERMITS; AND units has not been
REQUIRING SIDEWALKS achieved. the City may in- /�
BE PLACED FOUR FEET stall the sidewalks utilizing The first insertion on the ��I Ilk ll.•�. J Q dayof l9
BACK FROM THE CURB the escrow funds. In the
WHERE PRACTICABLE. vent the cost of sidewalk
BE 1T ORDAINED BY THE installation is lass than the the second insertion on the day of 19
CITY COUNCIL OF THE escrow cost of the sidew-
CITY OF FAYETTEVILLE, alk, the developer shall be
ARKANSAS: entitled to a refund of the the third insertion on the day of 19
surplus. If there has been
SECTION i .: That section no development after five
years, the developer is en- and the fourth insertion on the da of 19
159.301E) of the Fayeneville titled to a refund of the Y
Code of Ordinances is total escrow account and a
hereby repealed and the fol- replat of the subdivision or
lowing inserted in its stead. a now large scale develop-
mens plan shall be reeuired
4159 . 30 URBAN prior to further
SUBDIVISION development.
(E) Sidewalks. Sidewalks
shall be installed. according PASSED AND APPROVEDp /'� C `, Publisher / General Manager
Rto existing City standards this 18th day of November, E C E I y E u
and specifications as 1993.
adopted by the City Council APPROVED:
and shall be set four (4) By: Fred Hanna. M3y6rl: DEC 0 3 1993
feet back from the curb ATTEST:
where practicable. The Con- By; Sherry L. Thomas, City .
struction of all sidewalks Clerk
'
shall be inspected by the — — FINANCE DEPT.
street superintendent to in-
sure compliance with City
specifications. The deve-
loper shall pay for the
sidewalk installation by plat-
ing the estimated cost in to . .
a City escrow account and 2 n
entering into a contract thee ' Sworn to and subscrib-ed(�before me on this Jl : day of
19
Notary Public
My Commission Expires:
0q -ai - 0 )
Fees for Printing .$
Cost of Proof $
Total $ �