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HomeMy WebLinkAboutOrdinance 4308 ORDINANCE NO, 4308 q . AN ORDINANCE ALLOWING THE UNIVERSITY OF ARKANSAS TO USE FIREWORKS FOR THE ANNUAL OCCASION OF THE CELEBRATION OF FIREWORKS NIGHT MARKING THE END OF THE RAZORBACK BASEBALL SEASON AT BAUM BASEBALL STADIUM WHEREAS, the Fayetteville Code of Ordinances, §94.04, Sale and Use of Fireworks allows the use of fireworks within the City only on certain dates in July; and, WHEREAS, the Athletic Department of the University of Arkansas wishes to annually celebrate the end of the Razorback Baseball Season at Baum Baseball Stadium with fireworks; and WHEREAS, the City of Fayetteville wishes to join with the University of Arkansas in this annual celebration of "Fireworks Night" and allow fireworks in a safe and proper manner to commemorate that event. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council hereby amends §94.04 (c) by adding following language after the last sentence in subsection (c) : "It shall also be lawful for the University of Arkansas to conduct the annual "Fireworks Night" to celebrate and congratulate the Razorback Baseball Team at its last home game of the year in or near Baum Baseball stadium. Said fireworks display shall comply with all applicable regulations and laws of the State of Arkansas." Section 2. The City Council hereby determines that this Code of Fayetteville must be changed immediately to allow the University of Arkansas to safely celebrate "Fireworks Night" for the University of Arkansas Razorback • ord . 4308 Baseball team during their last home game on May 4thor 51h of 2001 . Therefore, an emergency is declared to exist and this ordinance being necessary for the public safety and welfare shall be in full force and effect from and after its passage and approval. F plyt1PS ED AND APPROVED this day of April, 2001 . APPROVED: i �.. BY: az� N COODY, or ATTEST: By: ather Woodruff, City Clerk .0 0: NAME OF FILE: Ordinance No. 4308 CROSS REFERENCE: 04/17/01 Ordinance No. 4308 04/17/01 Staff Review Form 03/29/01 Letter to Kit Williams from Donald O. Pederson NOTES: • STAFF REVIEW FORM • Fc _X_ AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW FOR: COUNCIL MEETING OF April 17, 2001 MAYOR'S APPROVAL FROM: Kit Williams City Attorney Legal Name Division Department ACTION REQUIRED: An Ordinance Allowing The University Of Arkansas To Use Fireworks For The Annual Occasion Of The Celebration Of Fireworks Night Marking The End Of The Razorback Baseball Season At Baum Baseball Stadium COST TO CITY: Cost of this Request Category/Project Budget Category/Project Name Account Number Funds Used to Date Program Name Project Number Remaining Balance Fund BUDGET REVIEW: Budgeted Item Budget Adjustment Attached Budget Coordinator Administrative Services Director CONTRACT(GRANT(LEASE REVIEW: GRANTING AGENCY: Acyy*' g Manager Date Internal Auditor Date C�/ ,Sl � Z-/- 3 - o l City Attorney I Date ADA Coordinator Date Purchasing Officer Date STAFF RECOMMENDATION: Pass Ordinance CROSS REFERENCE Division Head Date New Item: Yes Na Department Director Date Previous Ordinance/Reselutien No.: 4242 Administrative Services Director Date Mayor Date GENERAL COUNSEL Fax : 501-575-5046 Mar 29 ' 01 1624 P. 02 UN7LVTERS; l'TY1Mh SAS K D Vice Chancellor for Finance and Administration 406 Administration Building March 29, 2001 Fayetteville, Arkansas 72101 (501) 575.5828 VIA FACSIMILE Fax: (501 ) 575.5400 501 -575-8315 Kit Williams City Attorney Division 113 West Mountain Fayetteville AR 72701 Dear Mr. Williams: Each year for the past six years, the University of Arkansas has celebrated Razorback baseball by holding a "Fireworks Night" at the end of each season . Over the years, this event has grown to be a Fayetteville tradition and average attendance for each year's game and display is approximately 3, 800 people. In previous years, University officials have worked with your predecessor, Mr_ Jerry Rose, to seek the kind assistance of the Office of the City Attorney in obtaining the necessary variance to conduct the fireworks display from private property located immediately south of Baum Stadium. Consistent with past practice, therefore, I am requesting on behalf of the University of Arkansas, a variance from the City of Fayetteville's fireworks ordinance to conduct the annual "Fireworks Night" at Baum Stadium on May 41 2001 , when the Razorbacks host the LSU Tigers. The rain date for this event is May 5, 2001 . The fireworks display will take place immediately following the completion of the baseball game at approximately 9:30 p.m . but should not be later than 10: 30 p. m . As in the past, the University will obtain all necessary approvals and coordinate with all appropriate officials to conduct the display, including the State Fire Marshall, the Fayetteville Fire Chief, the Fayetteville Police Department, and the University of Arkansas Police Department. As I stated , the fireworks display originates from land located to the south of Baum Stadium with the approval of the owners of the property, the heirs of William Centers, III . In order to move forward with the planning process as expeditiously as possible, I would appreciate your assistance in obtaining a variance from the City of Fayetteville to allow "Fireworks Night." TI',c lInivcrsiry it Arkansas is .it) iqual insriinii,in. GENERAL COUNSEL Fax : 501-575-5046 Mar 29 ' 01 1624 P. 03 Kit Williams March 29, 2001 Page 2 1 look forward to hearing from you at your earliest convenience. We appreciate the City's support of the Arkansas Razorbacks. Sincerely, /� / • V ,C Donald 0. Pederson Vice Chancellor for Finance & Administration DOP:jmm xc: Honorable Dan Coody J . Frank Broyles Matt Shanklin Scott Varady