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Home My WebLink AboutOrdinance 3865 ORDINANCE NO. 3 8 6 5 AN ORDINANCE AUTHORIZING THE CITY COUNCIL TO SET THE SCHEDULE OF PRICES FOR THE SALE TO THE PUBLIC OF CERTAIN COMPUTER MAPPING PRODUCTS (THE GEOGRAPHIC INFORMATION SYSTEM) PRODUCED BY THE CITY OF FAYETTEVILLE AND TO DECLARE AN EMERGENCY . WHEREAS, the City of Fayetteville has developed a planning product in the form of digital photographs and computer topographic and planimetric mapping data (hereinafter referred to as the "Geographic Information System") which will be used for a variety of engineering and planning purposes for the City; and WHEREAS, such Geographic Information System products are the property of and are copyrighted by the City of Fayetteville, Arkansas, in which the City has a substantial investment both in the development and in the maintenance and upgrading necessary to continue this Geographic Information System in current form for the accurate planning and engineering of the City; and WHEREAS, portions of the Geographic Information System may also have commercial usefulness for certain planners, engineers, developers and others whose business involves geographic aspects of the lands within the planning jurisdiction of the City of Fayetteville and its addressing areas; and WHEREAS, the City Council deems it appropriate to make copies of requested portions of its Geographic Information System, in formats that include digital, printed copies, and reproducible Mylar copies, available to the public to purchase for prices to be set by the City Council by resolution from time to time sufficient to cover the City's costs of maintenance and upgrading of its Geographic Information System, its hardware and software, and costs of the information system to fill orders of purchasers; and WHEREAS, the City Council further deems it to be in the best interest of its citizens to require the execution of a License and Nondisclosure Agreement by all purchasers of any portion of its Geographic Information System for the protection of the City's property rights and the integrity of the Geographic Information System. Expenditures of these funds are to be authorized though the City 's routine budget process. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section 1 . That the City Council hereby authorizes the sale of requested portions of its Geographic Information System to the public for prices to be approved by resolution of the City Council from time to time. A schedule of the prices of such products shall be kept on file and made available to the public in the office of the City Clerk of the City of Fayetteville, Arkansas, and proceeds from such sales shall be segregated for the purpose of the maintenance r � Page 2 Ordinance No. 3 g 6 5 and upgrade, as well as the costs of development and reproduction of requested portions of the Geographic Information System. Section 2. That the City Attorney shall approve a License and Nondisclosure Agreement form to be signed by the purchaser and kept on file by the City Clerk as a condition precedent to the purchase of any portion of the City's Geographic Information System. Section 3 . The City Council determines that an emergency exists and that this ordinance, being necessary for the health , safety and welfare of the citizens of Fayetteville, shall become effective immediately upon its passage and approval. PASSED AND APPROVED this 17 h day of January 1995 . APPROVED: By: Lfl4t4j� red Hanna, Mayor ATTEST: By: Traci Paul , City Clerk 3 8 �5 ORDINANCE NO. 3885 , Section 1 That the City Council STATE OF ARKANSAS � hereby authorizes the sale of AN ORDINANCE AUTHORIZ- requested portions of its Geo- ING THE CITY COUNCIL TO graphic Information System to SET THE SCHEDULE OF PRI- the public for prices to be ap- County of W8$hltl9t011 '' ` CES FOR THE SALE TO THE proved by resolution of the City PUBLIC OF CERTAIN COM- Council from time to time. A PUTER MAPPING PROD- schedule of the prices of such I, RANDALL COPE, hereby certify that I am the publisher of THE UCTS (THE GEOGRAPHIC IN- products shall be kept on file FORMATION SYSTEM) PRO- and made available to the pub- NORTHWEST ARKANSAS TIMES, a daily newspaper having a second DUCED BY THE CITY OF tic in the office of the City Clerk class mailing privilege, and being not less than four pages of five FAYETTEVILLE AND TO DE- of the City of Fayetteville, Ar- CLARE AN EMERGENCY. kansas, and proceeds from columns each, published at a fixed place of business and at fixed (daily) such sales shall be segregated intervals continuously in the City of Fayetteville, County of Washington, WHEREAS, the city of Fayette- for the purpose of the mainte- villa has developed a planning nance and upgrade, as well as Arkansas for more than a period of twelve months, circulated and product in the form of digital the casts of development and distributed from an established place of business to subscribers and photographs and computer reproduction of requested por- topographic an( plenimetric tions of the Geographic Infor- readers generally of all classes in the City and County for a definite price mapping data (hereinaner rater- mation System. for each copy, or a fixed price per annum, which price was fixed at what red to as the `Geographic Infor. I mation System) which will be Section 2. That the City Attor- Is Considered the value of the publication, based upon the news value used for a variety of engineer- ney shell approve a License and service value it contains, that at least fifty percent of the subscribers ing and planning purposes for and Nondisclosure Agreement the City; and form to be signed by the par- thereto have paid for their subscriptions to the newspaper or its agents chaser and kept on file by the or through recognized news dealers over a period of at least six months WHEREAS, such Geographic City Clerk as a condition prece- Information System products • dent to the purchase of any and that the said newspaper publishes an average of more than forty are the property of and are portion of the City's Geographic percent news matter. copyrighted by the City of Information System. Fayetteville, Arkansas, in which the city has a substantial in- Section-8. The City Council de- vestment both in the develop- termines that an emergency ex- ment and in the maintenance ists and that this ordinance, be. I further certify that the legal notice attached in the matter of and upgrading necessary to ing necessary for health, safety continue this Geographic Infor- and welfare of the citizens of n/ ,�/� �1 /}n yX � mation System in current form Fayetteville, shall become at- �O far the accurate planning and fectIvO immediately upon its engineering of the city; and passage and approval. was published in the regular daily issue of said newspaper for WHEREAS, portions of the PASSED AND APPROVED consecutive insertions as toll ws: Geographic Information System this 17th day of January. 1995. may also have commercial use. fulness for certain planners, en- APPROVED: The first Insertion on the Wiwj day of 19 gineers, developers, and others whose business involves geo- BY: Fred Hanna graphic aspects of the lands the second insertion on the day of 19 within the planning jurisdiction ATTEST: of the City of Fayetteville and ifs addressing areas; and By: Tract Paul, City clerk the third insertion on the day of 19 WHEREAS, the City council deems it appropriate to make and the fourth insertion on the day of 19 copies of requested portions of its Geographic Information Sys- tem, in formats that include dig- ital, printed copies, and repro- ducible Mylar copies, available to the public to purchase for pd- Publish / General Manager ces to be set by the City Coun- cil by resolution from time to �] time sufficient to cover the �ol day of City's costs of maintenance and Swom to and subscribed before me on this upgrading of its Geographic In- formation System, its hardware antltand costs of the informaationion system system to fill orders • of purchasers; and WHEREAS, the City Council reeeee(ieeeert"!, < ClYy «p�q�«1 �y�!!!!f further deems s to be in the ` C vet l.✓� r O best interest of its citizens i to re- t 5�t quire the execution of a License , NOtpry Pubftc. S , Notary Public and Nondisclosure Agreement Washing ton County by all purchasers of any portion My Commission Expir@rS: • 07/27/01 of its Geographic Information r System for the protection of the «tet[eecetttccec[ccceeeeececeeeCe Ciys property rights and the in- tegriy of the Geographic Infor- mation System. Expenditures Fees for Printing ...... ......... .. ..............................$ of these funds are to be author- ized through the City's routine budget process. Cost Of Proof...... ......... ..... .............. ....... ...$ NOW, THEREFORE, BE IT ORDAINED BY THE CITY Total... .... ........... ..... .... ..... ..... ....... .. ... ........ .... .....$ �W COUNCIL, OF THE CITY OF FAYETTEVILLE, ARKANSAS: