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Home My WebLink AboutOrdinance 3946 ORDINANCE NO. 3946 AN ORDINANCE REQUIRING A CERTIFICATE OF REGISTRATION UNDER ACT 859 OF THE ACTS OF ARKANSAS OF 1987 FOR THE ISSUANCE OF A BUILDING PERMIT FOR CERTAIN RESIDENTIAL DWELLINGS IN THE CITY OF FAYETTEVILLE, ARKANSAS, AND FOR OTHER PURPOSES. WHEREAS, Act 859 of 1987, codified as A . C. A. § 17-47- 101 , et seq. , and known as the "Arkansas Homebuilders Registration Act, " allows local governments to require that homebuilders be registered with the Secretary of State, or show proof of exemption, as required by said Act; and, WHEREAS, the City Council determines it to be in the best interest of the citizens of Fayetteville, Arkansas, to have such an ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . As used in this Ordinance, unless the context otherwise requires, the following definitions apply: (a) HOMEBUILDER. Any person who, in the pursuit of an independent business, undertakes to, or offers to undertake, or submits a bid to, or contracts or undertakes to construct, or assumes charge, in a supervisory capacity or otherwise, or manages the construction or erection of a private residence on behalf of another person, or who, to do similar work upon his own property with the intent to resell the private residence, employs members of one (1 ) or more building trades upon a single job or project or under a single building permit; (b) RESIDENCE. Any dwelling, from one (1) to four (4) units in design, intended principally for residential purposes; (c) PERSON. Any natural person, limited or general partnership, association, corporation, or other organization or entity, or any combination thereof. Section 2 . Homebuilders applying for a permit pursuant to the Building Codes of the City of Fayetteville, Arkansas, for the construction of a residence shall include a copy of such homebuilder's Certificate of Registration issued by the Arkansas Secretary of State pursuant to the provisions of A.C.A. § 17-47- 101 et seq. , as the same may be amended from time to time, and a statement by such homebuilder that such Certificate of Registration is in full force and effect, or evidence that the applicant is exempt from the provisions of said A.C.A. § 17-47- 101 et seq. , because they are not a homebuilder, as defined herein. Page 2 Ordinance No. 3 9 4 6 Section 3 . Provided further, the applicants for said permits may maintain on file with the City a current Certificate of Registration in lieu of submission of said certificate with each permit application. Section 4. The requirements of this Ordinance shall be deemed to be independent of the requirements of any other ordinances for the issuance of permits for such construction. PASSED AND APPROVED this 6th day ofFebruary 1996. APPROVED: By : IX PW Hanna, Mayor ATTEST: By: rAn Traci Paul, City Clerk t t. . STATE OF ARKANSAS ss. County of Washingto I, hereby cer- tify that I am the publislvr of THE NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class mailing privilege, and being not less than four pages of I ORDINANCE NO 3948 construct, or assumes charge, five columns each, published at a fixed place of business and at a fixed (daily) intervals ,AN.ORDINANCE REQUIRING in a supervisory capacity or ,:A CERTIFICATE OF REGIS- otherwise, or manages .the continuously in the City of Fayetteville, County of Washington, Arkansas for more than rTRAT10N UNDER ACT 0590F construction or erection of a a period of twelve months, circulated and distributed from an established place of business THE ACTS OF ARKANSAS OF private residence on behalf of [o subscribers and readers enemll of all classes in the Cit and Court[ for nee .1987 FOR THE ISSUANCE OF another person, �r who, to do 8 Y Y Y P A .BUIIDING PERMIT FOR ' similar work upon N6 own'{ for each copy, or a fixed price per annum, which price was fixed at what is considered the kCERTAIN RESIDENTIAL property with the intent to re- I value of the publication, based upon the news value and service value it contains, that at ,DWELLINGS IN THE CITY OF sell the private residence, FAYETTEVILLE, ARKANSAS, employs members of one (1) or least fifty percent of the subscribers thereto have paid cash for their subscriptions to the ,AND FOR OTHER PURPOSES. . more building trades upon a newspaper or its agents or through recognized news dealers over a period of at least sic single job or project or under. WHEREAS, Act 859 if 1967, a single building permiC months; and that the said newspaperpublishes an average of more than forty percent news WHERd as A.C.A. § 17-47 . (b) RESIDENCE Any dwelling, . matter. ciodifie101, at seq., and known as the from one (1) to four (4) units in "'Arkansas Homebuilders Re tlesign, imended principally Istretion Act.' allows local for residential purposes; I further certify that the legal notice hereto attached in the matter of governments to require that (c) PERSON. Any natural per- L17 p hath the errs be registered son, ip, astl association, general part. wIN the Secretary of Stale, or ' nership, association. Corpora- � show proof o1 exemption, as lion, or other organization or reglrlred'by said Act: and. ' entity, or any combination I was published in the regular daily Issue of said newspaper for thereof. P 8 y WHEREAS, the City Council I consecutive insertions as follows: deterranes it to be in the best Section on Homebuilders ap- Interest of the citizens of plying for a permit pursuant to FeyelleVille. Arkansas, to the Building Codes of the City The first insertion on the A4a 3 dayof 1996 have such an ordinance; lot Fayetteville. Arkansas, for othe constructionof a rest. NON, THEREFORE, BE IT ) dence shall include a copy of the second insettion on the da of 19 ORDAINED BY THE CITY such homebuilder's Certifi. Y COUNCIL OF THE CITY cate of Registration issued by OF ' FAV ETTEV ILLE, ' the Arkansas Secretary of the third insertion on the day of 19 ARNANY� State pursuant to the provi- ' 5ions of A.C.A. §17-47-101 et Section 1 As used in this Or. seq.. as the same may be and the fourth insertion on the dlnance, unless the context amended from time to time, day of 19 otherwise requires, the follow- and a statement , by such (M defmiaons apply: homebuitder that such Certifi. l tate of Registration is in full (e) HOMEBUILOER. Any per. force and effect: or evidence ' son who, in the pursuit of an that the applicant is exempt 'Independent business, under- from the provision of said I ( �I d V �, �' (ekes to, or offers to under- A.C.A. §17-47-101 at seq., be- Publish e rat Manager lake, or sulonits a bid to, or cause they are not a home. contracts or undertakes to builtler, astlefinedherein. 2 1996 - - FEB ' Section a Provided further, the applicants for file permits FIIY111\CL DLJf IA may maintain on file with the cDT City t current Certificate sof i- Registration in lieu is submit- 4sien of said certificate with each permit application. t Section 4 The requirements is any other permits f for the i issuance of permits for such (T construction. ' Swo to nd subscribed before me on this day of , PASSED AND AP. ' PROVED this 6th day of Fe- bruary, 1996. I 19 I APPROVED: By; Fred Hanna. Mayor ATTEST: By: Traci Paul, City Clerk Notary Public My Commission Expires: 17 Wilma McDowell Notary Public, State of Arkansas ;< Benton County )(< Fees for Printing $ I 7, i My Commission Expires 07/25/05 '< Kl\\KKIKCIIICCII\\CKIICKKKi[, Cost of Proof $ Total $