HomeMy WebLinkAbout1967-08-21 Minutesrl 1
Regular Meeting. The Board of Directors of the Citv of Fayetteville, Arkansas, met in regular session on Monday, August 21
1967, in the Directors Room in the`City Administration Building at 7:30 P•. M..CDST.
Representative of Present: City Manager Gerald G. Fox, City Clerk George J. Davis, City Attorney Hugh Kincaid, and Director
N. W. Ties Kerlin, Swartz, McFerran, Melton, Christie, Trumbo, and Dunn.
also present. Absent: None.
' The minutes of the regular meeting on Monday, August 7, 1967, a copy of which had previously been mailed
to each of the Directors, were approved as written.
Petition of The City Manager presented the petition of the Delta Nu Corporation of Kappa Alpha Theta, which had been
Delta Nu tabled. discussed at the regular meeting of the Directors on June 5, 1967 and tabled at that time, to rezone
certain property lmcated at the Northwest Corner of the intersection of Hall Avenue and Cleveland Street,
from R -1B to R-4 District.
A large group of residents and property owners of that area appeared before the Board of Directors in
to the rezoning.
After a very long discussion,by both sides, Director Dunn moved to table this petition until a Land Use
Plan (map) is completed and updated.
The motion was seconded by Director Melton and upon roll call the following vote was recorded, "Aye"
McFerran, Melton, Christie, Trumbo, and Dunn. "Nay" Kerlin and Swartz.
There being Five "Ayes" and only Two Maysbl, the Mayor declared the motion passed.
I The City Manager read a letter from the Secretary of the Phi Mu Sorority requesting the permanent with -
i
Petition wthdrawn drawal of their petition to rezone their property on Cleveland Street.
by Phi MulSorority Director Melton moved to accept their request as stated in their letter.
The motion was seconded by Director Swartz and passed unanimously.
The letter was spread on the minutes and reads as follows:
August 14, 1967
8 East Poplar
Fayetteville, Arkansas.
IMr . Gerald Fox
I
Fayetteville,City Manager
Fayetteville, Arkansas
Subject: Phi Mu Zoning Request
Dear Mr. Fox:
Please withdraw permanently the zoning request of the Phi Mu Sorority for the Cleveland Avenue property.
We appreciate greatly the city's efforts on our behalf. Thank jfou.
Sincerely,
(s) Mrs Garland Melton, Jr.
Secretary
Fayetteville Phi Mu Alumnae
The City Attorney introduced and, at the request of the Mayor, read a proposed ordinance in its entirety
entitled, "AN ORDINANCE AMENDING THE BUILDING CODE AND RELATED ORDINANCES OF THE CITY OF FAYETTEVILLE,
Ordinance No. ARKANSAS,(FAYETTEVILLE CODE OF ORDINANCES ARTICLE II, SECTIONS 6-14 THROUGH 6-23 AND ARTICLE III, SECTION
1558 6-34 THROUGH 6-91) TO ADOPT BY REFERENCE THE 1965 EDITION OF THE SOUTHERN STANDARD BUILDING CODE AND THE
1967 REVISION THEREOF, AND FOR OTHER RELATED PURPOSES".
After a long discussion, Director Dunn moved that the Ordinance pass.
The motion was seconded by Director McFerran and upon roll call the following vote was recorded, "Aye"
Kerlin, Swartz,�McFerran, Melton, Christie, Trumbo, and Dunn. "Nay" None.
There being Seven "Ayes" and No "Nays", the Mayor declared the Ordinance passed.
ORDINANCE NO. 1558
AN ORDINANCE AMENDING THE BUILDING CODE AND RELATED ORDINANCES OF THE CITY OF FA YETTEVILLE,ARKANSAS,
(FAYETTEVILLE CODE OF ORDINANCES ARTICLE II, SECTIONS 6-14 THROUGH 6-23 AND ARTICLE III, SECTIONS 6-34
THROUGH 6-91) TO ADOPT BY REFERENCE THE 1965 EDITION OF THE SOUTHERN STANDARD BUILDING CODE AND THE 1967
REVISION THEREOF, AND FOR OTHER RELATED PURPOSES.
WHEREAS, by Ordinance No.1120 of December 17, 1956, the 1955 Edition of the National Building Code was
adopted by reference, subject to certain amendments to said code contained in Ordinance No. 1120; and
subsequently, the provisions of Ordinance No. 1120 were amended by Ordinances No. 1521, and 1544. That
Ordinances 1120, 1521, and 1544, including the amendments to said code, now appear in codified form as
Sections 6-14 through 6-23 through 6-91 of Fayetteville Code.of Ordinances, and
WHEREAS, consistent with the policy of the Board of Directors of the City of Fayetteville, Arkansas, of
up -dating and impm wing the Ordinances of the City, the Board of Directors has caused a notice to be
published in the Northwest Arkansas Times, a newspaper of general circulation in the City of Fayetteville
Arkansas, advising that the Board of Directors has under consideration the passage of'an Ordinance ad6pti
by reference the provisions set forth in the "Southern Standard Building Code; 1965 Edition, as issued b
the Southern Building Code Congress, and amendments thereto as set out in a pamphlet entitled, "Amendment
to the Southern Standard Building Code," 1967 Revision to 1965 Edition, issued by the Southern Building
Code Congress. '
WHEREAS, three (3) copies of the above-named materials are kept on file in the office of the City Clerk o
the City of Fayetteville, Arkansas, as provided bypA.ct 267 of 1949 Acts of Arkansas and are open to publi
inspection; and
WHEREAS, the Board of Directors of the City of Fayetteville, Arkansas, finds that it is to the best inter
' of the City of Fayetteville, that the Code of Ordinances of the City of Fayetteville, be amended to adopt
by reference the provisions contained in said code and amendment pamphlet, as foresaid.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS:
SECTION 1. That Section 6-34 of Fayetteville Code of Ordinances, entitled "Adopted" is amended to
read as follows:
Section 6-34 Adopted.
There is hereby adopted by the City Board of Directors that certain building code known as the
Southern Standard Building Code, being particularly the 1965 Edition thereof including amendments
made in the pamphlet of the 1967 revision to the 1965 Edition and the whole thereof, save and exce
72
nce No.
(Cont.)
such portions as are hereinafter deleted,modified , or amended in this Article, and such code isIhereby
adopted -and incopporated as fully as if set out at length herein, and the provisions thereof shall be
controlling in the construction of all buildomgs and structures therein contained within the corporate limits
of the City. 1 0 t I I '
2. That Section 6-35 of Fayetteville Code of Ordinances, entitled "Definitions" is amended to read' as ,
Section 6-35 Defintions.
(a) Whenever certain,xords are used in the Building Code adopted by Section 6-34, they shall be held to mean
the following:
1) The word "Municipality" shall be held to mean the City of Fayetteville, Arkansas.
2) The words "Building Official" shall be held to mean the City Building Inspector.
3) The words "Chief Appointing Authority" shall be held to mean the City Board of Directorse
t t
4) The words 'Board of Adjustments and Appeals" shall be held to mean the City Board of Appeals,
5) The words "Department of law" shall be held to mean the City Attorney of the City of Fayettevi le, Arkansas
6) The words "Chief Administrator" shall be held to mean the City Manager.
7) The words "the Office of the Directors of Public Works" shall be held to mean the City Engineer,
3, That,Section 6-46 of the Fayetteville Code of Ordinances entitled "Definition" is amended as follows:
Section 6-46 Defintion.
The term "Permit Valuation" as used in this division, means the reasonable valuationodf all services,Ilabor,
materials, and appliances or devices entering into and necessary to the prosecution and completion of the work_YQ,
for occupancy. The "Permit Valuation" shall include total cost, such as plumbing; electrical, mecehanical
equipment, and other system, however, the cost of excavation or grading and paving is not deemed a part of such
permit valuation.
SECTION 4, That Section 6-47 of the Fayetteville Code of Ordinances entitled "Prescribed -for Construction, Alteration
or Repair Permits" is amended as follows:
Sec. 6-47 Prescribed- For Construction, Alteration or Repair Permits.
(a) On all buildings, structures,or alterations requiring a building permit, as set forth in Section 105 of the
Building Code adopted by Section 6-34, a fee shall be paid as required at the time of filing application, in a
accordance with the following schedule:
R) When the permit valuation for the erection, alteration, remodeling or repair is estimated to e $1,000.00
or less, the fee shall be $3.00,
2) For each additional $1,000,00 or fraction thereof, from $1,000,00 to 10,000.00, the fee shall I
be $2,50.
3) For each additional $1,000.00 or fraction thereof, from $109000.00 to $25,000.00, the fee shall be.$2.00.
4)For each additional $1,000.00•or fraction thereof, from $25,000,00 to $50,000.00, the fee shall be $1.500
5) For each additional $10000.00 or fraction thereof in excess of $50,000.00, the fee shall be $1.25.
(b) No fee shall be required when the estimated cost of any remodel work done on the inside of any existing
building does not exceed two hundred dollars ($200.00) and when the proposed work does not affect the structural
safety of the building. '
(c) No fee shall be required when the estimated cost of any repair work done on any buidling does not
exceed two hundred dollars ($200,00)
(d) A fee of one dollar ($1.00) shall be charged for an original certificate of occupancy and fifty lents (50¢)
for copies of any original certificate of occupancy in additional to the fees set out above.
'(e) An additional fee of three dollars ($3.00) shall be charged upontre-issuing a permit when the original permit
has become invalid asset forth in Section 106:3 of the Building Code,
iECTION 59 That Sections 6-48, 6-49, 6-50, 6-51, and 6-62'of the Fayetteville Code of Ordinances are hereby re -adopted
end made applicable to the new building code adopted by reference in Section 1 of this ordinance, and said sections
>hall remain a part of the Code of Ordinances as they are now written.
iECTION 6. That Section 6-63 of the Fayetteville Code of Ordinances is hereby amended to read as follows:
Sec. 6-63, Section 102.2 Amended,
Section 102.2 entitled "Inspectors" is amended as follows:
11102.2 Inspectors.
"The Building Official, with the approval of the Chief Appointing Authority, may appoint such ocher officers,
inspectors, assistants, and other employees as shall be authorized from time to time. No person (shall be
appointed as inspector of construction unless he has sufficient knowledge and experience which will enalbe
him to make the necessary investigations and that his health is such that he is physically able to make the,
required inspections."
7. That Section 6-64 of the Fayetteville Code of Ordinances is hereby amended to read as follows:
Sec. 6-64 Section 103.4, paragraphs (a)(1) and(a) (5) Amended.
Paragraphs (a) (1) and (a) (5) of Section 103,4 are amended to read as follows:
"(1) Whenever the Building Official shall find any building or structure or portion thereof to be unsafe,
as defined in this Section, he shall, in accordance with established procedure for legal notices, give the owner,
agent, or person in control of such building or structure written notice stating the defects thereof. This
notice shall require the owner witty stated time either of complete specified repairs or improvements, ro to
demolish and remove the building or structure or portion thereof. If the person to whom such noticg and order is
173
addressed cannot be found after diligent search, then such notice and order shall be sent by certif
Ordinance No. 1558 mail to the last known address of such person: and a copy of such notice shall be posted in a
(Cont.) conspicuous place on the premises to which it relates. Such mailing and posting shall be deemed
adequate service
"(5) The decision of the Building Official shall be final in cases of emergency whidh, in his
opinion, involve imminent danger to human life or health. He shall promptly cause such building,
structure or,portion thereof to be made safe or removed, whether the procedure drescribed in this
section has been instituted or not. For this purpose he may at once enter such structure or land o
which it stands, or abutting land or structures, with such assistance and at such cost as he may de
necessary. He may vacate adjacent structures and protect the public by appropriate fence or such o
means as may be necessary, and for this purpose may close'a public or private way:
SECTION 8. ?That'.Section 6-65 of -the Fayetteville Code of Ordinances is hereby amended to read as follows:
Sec. 6-65. Section 103.7 deleted. -
Section 103.7 entitled "Liability", is hereby deleted from the Building Code,
9. That Section 6-66 of the Fayetteville Code of Ordinances is hereby amended to read as follows:
Sec. 6-66, Section 105.1 (d) amended.
Paragraph (d) of Section 105.1 is amended to read as follows:
11(d) In the event any work for which a permit is required by this code is started prior to bbtain
said permit, the fees set out in this code shallti edoubled. The payment of 'such doubled fee shall
relieve any person from fully complying with the requirements of this code in the execution of the
work, nor shall such payment relieve such person from the other penalties prescribed herein, such
doubled permit fee being supplemental to all other penalties prescribed in this code."
' SECTION 10. That Section 6-67 of the Fayetteville Code of Ordinances is hereby amended to read as follows
Sec. 6-67. Section 105.7 amended.
Section 105.7 entitled "Street Lines" is amended as follows:
"105.7 -STREET LINES
"It shall be the duty of the Building Official to see that the street lines are not encroached
in any amnner whatsoever, except as provided for in Chapter XXII of this Code, entitled 'Use of
Public Property.' '
SECTION 11. That Section 6-68 is hereby 'added to the Fayetteville Code of Ordinances and shall read as
ollows :
Sec. 6-68 Section 106.2 deleted.
Section 106.2 entitled "Contractors License and Bond Required" is deleted from the Building Code,
12. That Section 6-69 is hereby added to the Fayetteville Code of Ordina ces and shall read as
Sec. 6-69. Section 106.3 amended.
Section 106.3 entitled "Conditions of the Permit" is amended as follows:
'
1f106.3 Conditions of the Permit
"(a) The Building Official shall act upon an application for a permit with plans as filed, or as
amended, without unreasonable or unnecessary delay.
"(b) A permit issued shall be construed to be a license to proceed with the work and shall not b
construed as authority to violate, cancel, alter, or set aside any of the provisions of this code,
nor shall such issuance of a permit prevent the Building Official from thereafter requiring a torr
tion of errors in plans or in constructiop,or of violations of this code.
"(c) Any permit issued shall become invalid unless the work authorized by it shall have been
commenced within six months after its issuance and completed within twenty-four months after its
issuance; and, any permit shall become invalid if the work authorized by such permit is suspended
or abandoned for a period of one ,year after the time the work is commenced. Provided, that, for
'cause, one or more extensions of time, for periods not exceeding ninety days each, may be allowed
in writing by the Building Official."
SECTION 13. That Section 6-70 of the Fayetteville Code of Ordinances is hereby amended to read as follows
Sec. 6-70 Section 107.4 deleted.
Section 107.4 entitled "Schedule of Permit Fees" is hereby deleted from the Building Code.
SECTION 14. That Section 6-71 of the Fayetteville Code of Ordinances is hereby amended to read as follows
Sec. 6-70 Section 113.1 (c) added.
Paragraph (c) is hereby added to Section 113.1 of the code, which paragraph shall read as follows:
' "(c) The Board of Appeals, when so appealed to and after a haearing, may decide applications
for special exceptions upon which the Board of Appeals is specifically 6authorized to act upon
under certain Sections of the Code."
SECTION 15. That Section 6-72 of the Fayetteville Code of Ordinances is hereby amended to read as follows
Sec. 6-72 Section 114 Amended,
Section 114 entitled "Violations and Penalties" is amended to read as follows:
*(a)
Any person, firm,
corporation, agent or association who
shall violate a provision of this
code
or fails to comply
therewith, or any of the requirements
thereof, or shall erect, construct,
Ordinance
1558
(Cont.)
No. alter, demolish or move any structure, or'has erected, constructed, altered, repaired, moved
demdemolished a building or structure it p6btion thereof, in violation of a detailed statement,
plan submitted and approved thereunder, or of a permit or certificate of occupancy issued the
shall be guilty of a misdemeanor punishable by a fine of not less than ten dollars ($10.00) n
thanoone hundred dollars ($100.00) or by imprisonment not exceeding six (6) months, or by bot
and imprisonment.
"(b) When not otherwise specified, each ten days tht prohibited conditions are maintained
constitute a separate offense."
16. That Section 6-73 of the Fayetteville Code of Ordinances is hereby amended to readas follows:
Sec. 6-73 Section 116 added.
Section 116 entitled ""Abatement" is hereby added to the building code, which section shall read as
"116- ABATEMENT
"The imposition of the penalties herein prescribed shall noN.preclude the City Attorney or a
property owner from instituting an appropriate action or proceeding to prevent an unlawful
construction, reconstruction, alteration, repair, conversion, maintenance•or use, demolition
removal, or to restrain correct or abate a violation, or to prevent the occupancy of a build
or portion thereof, or of the premises, or to prevent an illegal act, conductrr business or
use in or about any premises."
17. That Section 6-74 of the Fayetteville Code of Ordinances is hereby amended to read as
Sec. 6-74. Section 301.1 amended.
Section 301.1 entitled "General" is amended to read as follows:
11301.1 GENERAL.
"For the purpose of this Code there shall be established two fire zones, .one of which shall be
the first fire district and shall correspond to the first fire zone described in Section 6-2 of
Fayetteville Code of Ordinances; and the other shall be known as the intermediate fire district
shall correspond to the intermediate fire zone described in Section 6-2 of the Fayetteville Code
Ordinances. Whenever in this Code "second fire district" or "Fire District No. 2" is referred t
said terms and all provisions applicable thereto are hereby deleted and shall be of no effect."
18. That Section 6-75 of the Fayetteville Code of Ordinances is hereby amended to read as
Sec. 6-75. Section 301.4 deleted.
Section 301.4, entitled "Scope" is hereby deleted.
19. That Section 6-76 of the Fayetteville Code of Ordinances is hereby amended to read as fo
Sec. 6-76. Section 302.3 amended.
Section 302.3 entitled "Moving Buildings" is amended to read as follows:
11302.3 MOVING BUILDINGS.
If
"(a) No building or structure shall be moved from without to within the Fire Districts or from
another lot within the Fire District unless its type of construction is permitted in the Fire Dist
into, or within, which the building or structure is to be moved. (See Section 2204 - Regulations
Moving Buildings).
"(b) No metal housb trailer may be moved within the fire district unless they are located in
lished "trailer court or mobile home park."
20. That Section 6-77 of the Fayetteville Code of Ordinances is hereby amended to read as fo
Sec. 6-77. Section 3040 Amended.
Section 304.1, entitled "First Fire District", is amended to read as follows:
11304.1 FIRST FIRE DISTRICT.
"The exceptions in the First Fire District shall be as follows:
(1) Temporary buildings used in connection with duly authorized construction.
(2) Water tanks or cooling towers confirming to Sections 713 and.714.
(3) Display signs conforming to Chapter tXIII.
(4) Single family and duplex family dwellings of wood frame or masonry veneered construction
exceeding two stories in height may be erected or additions made thereto provided all i
partitions, walls, and ceilings have a fire resistance rating of not less than one (1) h
21. That Section 6-78 of the Fayetteville Code of Ordinances is hereby amended to read as foll
Section 801 entitled "General" is amended to read as follows:
801 GENERAL
"This chapter shall apply to heating installation, except as otherwise provided for in the stan
the Installation of Gas Appliances and Gas Piping as set out in Section 15-61 of the Fayetteville
Ordinances,"
22. That Section 6-79 of the Fayetteville Code of Ordinances is hereby amended to read as
Section 6-79 Section 1302.3 (d), (e), and (f) added.
Paragraphs (d), (e), and (f) are hereby added to Section 1302.3 entitled "Footing Design" of the Code,
paragraphs shall read as follpws;
"(d)
The bottom of all footings shall be
level and the
footing trenches
free of loose dirt or other
material. The Bottom of the footings shall
be a minimum
depth of sixteen
(16) inches below the outsi
finish
grade or to bearing soil if such is
not reached at
this depth."
awing or
under,
more
such fine
all
or structure 1
known as I the
of
V
lot to
establisI
."
for ,of
Ordinance No.
1558 "(e) If stepped footings are constructed, thb footings shall be designed so that there will be prov
(Continued) a minimum sixteen (16) inch over lapping of the different levels of the footing at the point of each
down or change in elevation in the footing."
' "(f) All footings shall have a minimum depth or thickness of ten, (10) inches and a minimum width of
sixteen (16) inches and extending at least four (4) inches on each side of the foundation wall except
cases where there is sufficient information and reason, in the opinion of the Building Official to
justify a deviation from this minimum size footing."
23. That Section 6-80 of the Fayetteville.Code of Ordinances is hereby amended to read as follows
Section 6-80 Section 2001,1 amended.
Paragraph (d) under Section 2001.1 entitled "Minimum Requirements" is amended to read as follows:
"(d) Skylights, vents, louvers, or mechanical ventilation may be substituted for windows when ap
by the Building Official, provided adequate natural or artificial light and adequate ventilation is
provided to meet the requirements of this chapter."
24. That Section 6-81 of the Fayetteville Code of Ordinances is hereby amended to read as follows
Sec. 6781, Section 2001.1 (e) deleted.
Paragraph (0) of Section 2001.1 is hereby deleted from the Building Code,
25. That Section 6-82 of the Fayetteville Code of Ordinances is hereby amended to read as follows
Sec. 6-82, Section 2001.4 deleted.
Section 2001..4 entitled W?Toiletslf is hereby deleted from the Building Code.
SECTION 26. That Section 6-83 of the Fayetteville Code of Ordinances is hereby amended to read as follows
Sec. 6-83. Section 2002 deleted.
Section 2002 entitled "Sanitation" is hereby deleted from the Buildign Code.
SECTION 27. That Section 6-84 of the Fayetteville Code of Ordinances is hereby amended to read as follows
Sec. 6-84. Section 2101.3 (c) amended.
Paragraph (c) under Section 2101.3 entitled "Construction of Walkways, Fences and Protective
of the code is amended a s follows:
"(c) Where the distancefrom building to street or alley property line*is less than half•the height
of the building, a fence of substantial solie.00nstruction at least six (6) feet high shall be provi
on the building side of the walkway."
SECTION 28. That Section 6-85 of the Fayetteville Code of Ordinances is hereby amended to read as follow
Sec. 6-85. Section 2201.7 added.
Section 2201.7 entitled "Canopies" is hereby added to the Building Code, whcih section shall read as
follows:
"(a) Canopies as regulated by this section shall include structures Trade of cloth or :retal with meta
frames attached to a building projecting over a publuc thoroughfare or sidewalk and carried by a metal
frame supported by the ground or sidewalk." I I . _•
"(b) All canopies shall be constructed and erected so that the lowest portion thereof shall be not
less than nine (9) feet above the level of the sidewalk or public thoroughfare."
"(c) No canopy shall be permitted to extend beyond a point twelve (12) inches inside the curb line."
"(d) No canopy shall be permitted to exceed eight (8) feet in width measured along the building fron
"(e) The erection of a canopy as defined in this Section is permitted upon review and approval of thi
Board of Appeals as set out in Section 2202.2 of this Code."
SECTION 29. That Section.6-86 of the Fayetteville Code of Ordinances is hereby amended to read as
Sec. 6-86. Section 2202.2 amended.
Section 2202,2. entitled. "Sidewalk or Street Obstructions" is amended to read as follows:
112202.2 SIDEWALK OR STREET OBSTRUCTIONS
"Public Property shall be maintained clear of any and all obstruction, including among others, posts
columns, display of wares or merchandise and sidewalk'signs."
"The Board of Appeals, when so appealed to may waive or modify the above provisions in special cases
in the opinion of the Board the request would not be contrary to public interest."
SECTION 30. That Section 6-87 of the Fayetteville Code of Ordinances is hereby amended to read as follo
Sec. 6-87. Section 2204.2 amended.
Section 2204.2 entitled "Written Application must be Filed" is amended to read as follows:
112204.2 WRITTEN APPLICATION MUST BE FILED I
"Any person desiring to move a building shall first file with the Building Official a written applica
in such form as the Building Official may prescribe. The application shall give such additional info
tion as may be required by the Building Official.
31. That Section 6-88 of the Fayetteville Code of Ordinances is hereby amended to read as
0 1
r76
1558
.)
Sec. 6-88. Section 2204.5 deleted.
Section 2204.5 entitled "Notices to be given by Building Official" is hereby deleted from the
Cbde.
ION 32. That Section 6-89 of the Fayetteville Code of Ordinances is heraeby amended to read as fo'
Sec. 6-89. Section 2204.6 (e) added.
Paragraph(e) is hereby added to Section 2204.6 and shall read as follows:
"(e) The ptovisions of Section 19-99 of the Fayetteville Code of Ordinances shall be fully
with.
ION 33. That Section 6-90 of the Fayetteville Code of Ordinances is hereby amended to read as fo.
Sec. 6-90.' Section 2301.3 (b) amended.
Section 2301.3 (b), entitled "Exception) is amended to read as follows:
"2301.3 (b) EXCEPTION.
"The
provisions and
regulations of Section 2301.3 (a) entitled,
!"Permits Required" shall no
apply to
the following
type of outdoor Advertising Display -signs:
provided, however, said sig
shall be
subject to the
requirements of the Zoning Ordinances, and
the exemption shall not be
construed
as relieving
the owner or person in control of the sign
from erecting aid maintaining
the sign
in a safe condition."
"(1). A
skingle
sign over a show window
or door
of a
store or
business establishement, anno
without
display
or elaboration, only the
name of
the
proprietor
and nature of the business."
"(2). Professional name plates or signs not exceeding two and one-half (2 1/2+) square feet
display surface statinf merely the name and profession of an occupant, and if projecting over
public sidewalk, no part of said sign shall be less than seven and one-half (7 1/2) feet abo
sidewalk."
"(3). A ground sign advertising for sale or rent property, providing such sign is not over
eight (8) square feet in area."
"(4). A ground sign advertising a subdivision development,"providing such sign is not over
forty (40) square feet in area."
"(5). Sign denoting the architect, engineer, or contractor of construction when placed upon
the lot where the construction work is being done."
"(6).
Temporary signs or
banners legally authorized
by the
Building
inspector."
used as means of egress or so a s to
"(7)
Railroad crossing
signs, danger, or emergency
signs,
traffic
or other municipal
signs)"
11(81. Signs painted on the exterior surface of a building."
SECTION 34. That Section 6-91 of the Fayetteville Code of Ordinances is hereby amended to read as
Sec. 6-91. Section 2301.5 deleted.
Section 2301.5 entitled "Annual Inspection" is hereby deleted from the Building Code.
SECTION 35. That Section 6-92 is hereby added to the Fayetteville Code of Ordinances and shall read as
Sec. 6-92. Section 2301.9 amended.
Section 2301.9 entitled "Location Restrictions" is amended to readas follows:
"2301.9 LOCATION RESTRICTIONS.
0
the
"(a) No outdoor Advertising Display Sign shall be
erected,
altered, constructed or maintained
so as
to obstruct
any fire escape or any window or door or opening
used as means of egress or so a s to
prevent free
passage from one part of a roof to any
other part thereof. No sign shall be attached
in any form,
shape or manner to a fire excape, not be placed
in such manner as to interfere with
any opening
required for legal ventilation."
"(b) No outdoot Advertising Dispaly Sign shall be erectedT conbtructed, altered or maintained
in the opinion of the Building Official, will create a traffic hazard by obstructing the view o
passing motorists or motorists entering traffic.", I •
"(c) No outdoor Advertising Dispaly Sign shall be erected, altered, constructed or maintained 'less
it conforms to the requirements of the Fayetteville Zoning Ordinances."
"(d) Not Outdoor Advertising Dispaly Sign shall be erected, altered, constructed, or maintained on
any real estate other than the lot where the product is sold or the business conducted without first
furnishing the Building Official with the written consent of the owner of the real estate."
"(e) No outdoor Advertising Dispaly Sign shall be erected on that property owned by the City
Fayetteville lying between the outside edge of the sidewalk anddthe curb line, except that this
shall not be construed so as to prohibit the erection of traffic constrol signs, or of directi
siggs erected by church and/or educational institutions or groups which is•permissable upoh rev
and approval of the Board of Appeals under the provisions of Section 2202.2 of this code."
SECTION 36. That Section 6-93 is hereby added to the Fayetteville Code of Ordinances and mhall read as
Sec. 6-93. Section 2303.2 (a) amended.
Paragraph (a) of Section 2303.2 entitled "Roof Signs" is amended to read as follows:
"(a) When in the opinion of the Building Official, it is necessary for fire protection and safety,
an open space of not less than four (4) feet shall be maintained below the bottom of the sign and the
roof or passageway for accessibility to the roof of not less than six (6) feet shall be left between the
end of the sign and the building wall."
1
r
1
Ordinance io. SECTION 37. That Section 6-14 through 6-23 of the Fayetteville Code of Ordinances, andrall other ordi
1558 or parts of ordinances in conflict herewith are hereby repealed.
(Continued)
SECTION 38 If any section, sub -section, paragraph, sentence, clause or phrase of this Ordinance (inc
' the provisions adopted by reference herein) shall be declared invalid for any reason whatsoever, such
shall not affect the remaining provisions, and shall remain in full force and effect; and to this end,
provisions of this Ordinance and the provisions adopted by reference herein are hereby declared to be
ECTION 39. This ordinance shall be in full force and effect from and after its passage, approval a6d
xblication.
PASSED AND APPROVED this 21st day of August, 1967.
APPROVED:
. T
ATTEST: DON TRUMB , MAYOR
GEO E J. .VISI CITY CLERK
The City Attorney introduced and, at the request of the Mayor, read a proposed ordinance in its entirety
entitled, "AN ORDINANCE TO AMEND ORDINANCE NO. 1556 OF AUGUST 7, 1967".
Ordinance No, Director Melton moved that the Ordinance pass.
1559 The motion was seconded by Director Kerlinaand upon roll call the following vote was recorded, "Aye",
Kerlin, Swartz, McFerran, Melton, Trumbo, and Dunn. "Nay", None.
(There being seven "Ayes" and no "Nays", the Mayor declared the Ordinance passed.
ORDINANCE No. 1559
AN ORDINANCE TO AMEND ORDINANCE N0, 1556 OF AUGUST 7, 1967.
WHEREAS, in subparagraph (10) of the second "Whereas" clause contained in Ordinance No. 1556, the
1120" appears when in fact the number should be "30"; and, accordingly, Ordinance No. 1556 should be am
correct this discrepancy.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS:
SECTION 1. That subparagraph (10) cf the second "Whereas" clause contained in Ordinance No. 1556
of.August 7, 1967, is hereby amended to read as follows:
(10) All of the West Half (W 1 /2)of the West Half (W 1/2) of Sections 30 and 31, Township
17 North, Range 29 West, of the 5th Principal Meridian; except a part of the West Half of
West Half of Section 31,.Township 17 North, Range 29 West of the 5th P.M., being more
particularly described as all that part of said West Half of the 'nest Half of Section
31 lying South of a line which is 660 feet South of and parallel to and equidistant
from the center line of the Old Wire Road.
SECTION 2. -That this Ordinance shall be in full force and effect from and after its passage, approva
and publication.
PASSED AND APPROVED this 21st day of August, 1967.
ATTEST APPROVED: 4A A/
_ DON TRUMBOO MAYOR
GEORC61J66XVIS3 CITY CLERK
The City Manager -presented an Administrative Memo recommending the relocation of Fire Station No. 2 which
spread on the minutes and reads as follows:
Administrative I ADMINISTRATIVE MEMO N0. 68
Memo. No. 6I
RELOCATION OF FIRE STATION N MER TWO
On June 5, 1967, the City Board discussed the relocation of Fire Station Number 2, located on the Univers
to I
Authorize
Campus, as a result of the construction of the new University Administration Building. At that time the City
Relocation
of
Board indicated the desire for the City to reopen negotiations with the University for a site "in the high
University
i,
value area" for the station so that there would ne no possibility of the relocation penalizing the Univex•sity
Fire Statim
insurance rating. There was some concern that the moving of the station far off the campus to the sites which
the University would give us would be detrimental to the University and to other properties in the city.
We have discussed with the University Administration other University owned sites than the two proposedir
Grounds and corner of Lewis and Mt. Comfort), but could not get a commi.ttment. We have also looked at sitr(Ftes
off campus but near enough to provide adequate coverage for the University and surrounding property. Further,
the Arkansas Inspection and Rating Bureau has been requested to evaluate four sites from a rating and grading
standpoint:
(1) Corner of Nettleship and Razorback (Fair Grounds.Site offered by University)
(2) Corner of Lewis and Mt. Comfort (offered by University)
(3) North'of Burgin -Murphy Apartments on Garland
(4) Corner of Wedington and Eva.
This evaluation is as follows: "Our evaluation of these locations indicates thattbhe proposed location on
Garland between Cleveland and Eagle is the only one which would be acceptable without adversely affecting
Fayetteville's grading."
entire site is 100 x 150 with a 50 x 50 protrusion on the southeast end, or 16000 square feet. This size
(The
site would give us access from both Eagle and Garland Street. There are two old homes on the lots. It hats
been appraised at 80-90¢ per square foot. The owner is Paul Lewis who has indicated that the property is lfor
Ewing Shelton provided architectural services for the construction of the main station and two su
1963. We would like the architectural plans to conform with the present three stations, with some
ifications. Mr. Shelton has proposed to do the architectural work on the new station for a 6 N fe
78
I Uni
Maes
I of
The City purchased for the location of Station Three several lots in the Maplecrest Addition of the City'.
One of these lots is surplus and not needed for fire station or other use. This lot 5 of Maplecrest Addition is
80 x 150 feet in size and backs up to Wheeler Motors.
My recommendation on this matter would be as follows: ,
rize (1) Approve the site as Lots 10 and 11 and the east 50 feet of Lot 12 of Block 13 of Rose Hill Addition for
tion of the fire station location,
sity Fire(2) Authorize the City Manager to negotiate for purchase of property based upon 900 per square foot with City
on (3 retaining homes or 800 per square foot with owner retaining rights to move homes.
tinued) (3) T. Ewing Shelton be employed at a 6% fee to prepare plans and specifications for the Sub Fire Station
construction.
(4) Lot 5 of Maplecrest Addition be declared surplus and bids be requested for its sale, excepting a 10' easement
along the north property line.
(5) That expenditures for this project be authorized from the Capital Improvements Fund, with money realized from
sale of the property in (4) above being credited to this fund. �-
Director Melton moved to accept the recommendation of the City Manager on all five points listed in Memo No. 68, Viz:
(1) Approve the site as Lots 10 and 11 and the east 50 feet of Lot 12 of Block 13 of Rose kill Addition for the
fire station 36cation.
(2) Authorize the City Manager to negotiate for purchase of property based upon 900 per square footi th City
retaining homes or 800 per square foot with owner retaining rights to move homes.
(3) T. Ewing Shelton be employed at a 6% fee to prepare plans and spedifications for the Sub Fire Station
construction.
(4) Lot 5 of Maplesrest Addition be declared surplus and bids be -requested for its sale, excepting a 101 easement
along the north property line.
(5) That expenditures for this project be authorized from the Capital Improvements Fund, with money realized from
sale of the property in (4) above being credited to this fund.
The motion was seconded by Director Kerlin and -passed unanimously.
The City Manager presented Administrative Memo #69 with reference to Sanitation Bonds and Improvements with the
bids of different companies therein. The Memo was spread on the minutes and reads as follows: '
osal of ADMINISTRATIVE MEMO # 69
.tion Bonds
SANITATION BONDS AND IMPROVEMENTS
July 25, 1967, we submitted proposals to four bond films in Arkansas requesting proposals to be submitted by 10 a.m.
nesday, August 9, 1967, for the purchase of $50,000.00 in Sanitation Revenue Bonds Series 1967, dated October 1, 1967
due January 1 and July 1. Each firm was requested to submit a bid on two proposals: I - to purchase the bonds
a net effective interest rate and pay all necessary expenses, including printing, legal approving opinion and trustees
s; II - to purchase the bonds at a net effective interest rate with city paying all necessary expenseslof the issue.
both proposals the bids would be 100 cents on the dollar plus accrued interest to date of delivery with conversion
viliges•..
The following bids were received:
1. FIRM I , II
1. Raney Securities Company, Inc. 4.64% -No Bid
2. Hill, Crawford and Langford, Inc. 4.88% 4.73%
3. Womeldorff and Lindsey No Bidm 4.79%
In addition, the local banks were contracted and gave an implied interest rate of 4.75% with city doing necessary legal
work. It would be our recommendation that the proposal I of Raney Securities be accepted as lowest and best bid and that
pted the bonds be sold to them,
sal of Director McFerran moved to accept•the proposal of Raney Securities Company, Inc., at 4.64% on the Sanitation Bond
Securi- as recommended by the City Manager, 6ince theirs was the lowest.and,best bid. I ,
Inc. The motion was seconded by Director Kerlin and passed unanimously.
tation he proposal of Raney Security Company,Inc., together with the acceptance was spread on the minutes and reads as
a. ollows:
able Mayor and Board of Directors
of Fayetteville
ngton County
teville, Arkansas
emen:
al and
ance For your proposed issue mf $50,000.00 City of Fayetteville Sanitation Revenue bonds to be dated October 1, 1967 and due
serially July 1, 1968 through July l . 1980, we bid you 100 cents on the dollar plus accrued interest to date of delivery
tion for bonds bearing an interest date of 4.64%.
s bid is made subject to our receiving conversion priviliges. The bonds are to be converted in a c
versal Bond Values Table.
firm will pay the following expenses: (a) printing of the bonds, (b) fee charged by the attorney for
oving the bonds and (c) trustee's fee.
bonds
are to be
delivered
within
60 days. This bid
is made subject
to
our receiving the unqualified
Smith,
Williams,
Friday and
Bowen,
Attorneys, Little
Rock, Arkansas
as
to the legality of the bonds.
PTED THIS THE 21
OF AUGUST , 1977
OF FAYETTEVILLE, ARKANSAS
MAYOR
_ o
Respectfully submitted,
RANEY SECURITIES COMPANY, INC.
(S) BY JOHN F.
with the
Authorizelurchase �fhe City Manager reported that bids had been received for the purchase of a small Crawler Tractor for the
of crawler tractor. 6anitation Department and he recommended, the lowest bid to meet specifications which was the one by Huenefeld
Equipment Company for $4,250.00.
Director Christie moved to accept the recommendation of the City Manager, and that the City Manager be and he
is hereby authorized to purchase a small Crawler Tractor from Huenefeld Equipment Company for $4,250.00
' as per specifications with trade.
The motion was seconded by Director Melton and passed unanimously.
Bids on Crawler. CITY OF FAYETTEVILLE, ARKANSAS
Tractor
BID TABULATION
CRAWLER TRACTOR
BID #35
August.21, 1967 .9:00 A.M.
Huenefeld
International
Bradshaw
Davis
Equipment
Harvester Co.
Equip. Co.
Equipment Co.
Small Crawler
Tractor as per
specs with trade $40250.00 $5,000.00 $59200.00 $4,000.00
Purchase
Refuse Tral
Loaders..
Bids on
Trucks R
Postpone ne
meeting one
*Mechanical Angle Dozer
Does Not Meet Specifications
The City Manager reported that bids had been received for the purchase of eight pieces of equipment for
the Sanitation Department and he recommended that the purchase be made from the Municipal Supply Company
of Arkansas, since they met the specifications and were the only bidder.
& Director Kerlin moved to purchase the Refuse Trailers and Loaders from the Municipal Supply Company of
Arkansas as follows:
1. Six, 6 Cubic.Yard Trailers .
with Riding Steps $3,819.62 Lodal Model.LF-60
One, 3 Cubic Yard Container
for Pickup Mounting 508.60 Lodal Model PT -30
One, 24 Cubic Yard Tender
Loader Body, with cover
and washer mounted. $10,827.85 Lodal Model A24-726
Lodal Model K-600
Discount
1% - 10 days
motion was seconded by Director Swartz and passed unanimously.
tation The City Manager reported that bids had been received for the purchase of four trucks for the Sanitation
ed Depabtment but only one company had made a bid and others claimed they didnot receive a notice of the
intention of the City to purchase.
The City Manager recommended that this bid be rejected and to readvertise for bids.
Director Melton moved toreject all bids on the four trucks for the Sanitation Department and that the Ci
Manager be authorized to readvertise for hide for four trucks for the Sanitation Department.
The motion was seconded by Director McFerran and passed unanimously.
The City Manager reported that since the date for the next meeting of the Board of Directors was on Labor
Day, he recommended the meeting be post-poned until Tuesday September the 5th, 1967.
Director Melton moved to post -pone the next Pegular meeting of the Board of Directors until Tuesday, Sept
5, 1967.
The motion was seconded by Director McFerran and passed unanimously.
There being no further business, Director Dunn moved to adjourn.
The motion was seconded by Director Kerlin and passed unanimously, whereupon the Mayor declared the
meeting adjourned.
ATTEST:
'GEORGE VNIS, CITY CLERK
APPROVED:
Without Trade of
Ford Rubber
Tractor
$7,302.70
$7,005.50
$6,735.34
$59800.00
'
Model Bid
John
International
Allis Chalmer
Case
Deere 6305
500
HD -3
310
Delivery
30 days
45-60 days
----------
---------
Purchase
Refuse Tral
Loaders..
Bids on
Trucks R
Postpone ne
meeting one
*Mechanical Angle Dozer
Does Not Meet Specifications
The City Manager reported that bids had been received for the purchase of eight pieces of equipment for
the Sanitation Department and he recommended that the purchase be made from the Municipal Supply Company
of Arkansas, since they met the specifications and were the only bidder.
& Director Kerlin moved to purchase the Refuse Trailers and Loaders from the Municipal Supply Company of
Arkansas as follows:
1. Six, 6 Cubic.Yard Trailers .
with Riding Steps $3,819.62 Lodal Model.LF-60
One, 3 Cubic Yard Container
for Pickup Mounting 508.60 Lodal Model PT -30
One, 24 Cubic Yard Tender
Loader Body, with cover
and washer mounted. $10,827.85 Lodal Model A24-726
Lodal Model K-600
Discount
1% - 10 days
motion was seconded by Director Swartz and passed unanimously.
tation The City Manager reported that bids had been received for the purchase of four trucks for the Sanitation
ed Depabtment but only one company had made a bid and others claimed they didnot receive a notice of the
intention of the City to purchase.
The City Manager recommended that this bid be rejected and to readvertise for bids.
Director Melton moved toreject all bids on the four trucks for the Sanitation Department and that the Ci
Manager be authorized to readvertise for hide for four trucks for the Sanitation Department.
The motion was seconded by Director McFerran and passed unanimously.
The City Manager reported that since the date for the next meeting of the Board of Directors was on Labor
Day, he recommended the meeting be post-poned until Tuesday September the 5th, 1967.
Director Melton moved to post -pone the next Pegular meeting of the Board of Directors until Tuesday, Sept
5, 1967.
The motion was seconded by Director McFerran and passed unanimously.
There being no further business, Director Dunn moved to adjourn.
The motion was seconded by Director Kerlin and passed unanimously, whereupon the Mayor declared the
meeting adjourned.
ATTEST:
'GEORGE VNIS, CITY CLERK
APPROVED: