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HomeMy WebLinkAboutOrdinance 5367 ORDINANCE NO. 5367 AN ORDINANCE AMENDING ORDINANCE NO. 5356 CONCERNING PARKING REGULATIONS BY REMOVING THE SUNSET PROVISION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Section 2 of Ordinance No. 5356 so that after amendment, it shall read as follows. "Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that this Ordinance shall be effective on October I, 2010." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that because this Ordinance only repeals a sunsetting provision of Ordinance No. 5356, it is specific in nature and shall take effect immediately. PASSED and APPROVED this 7s'day of December, 2010. APPROVED: ATTEST: By. ` ` By: QM�*lL�l � L ONELD JO Mayor SONDRA E. SMITH, City Clerk/Treasurer TR 0F.GP E /:FAYETTEVILLE: City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 12/7/2010 City Council Meeting Date Agenda Items Only Sondra Smith City Clerk City Clerk Submitted By Division Department Action Required: Review Ordinance 5356 that amended Chapter 72 Parking Regulations and expires on December 7,2010 N/A N/A N/A Cost of this request Category/Project Budget Program Category/Project Name N/A N/A N/A Account Number Funds Used to Date Program I Project Category Name N/A N/A N/A Project Number Remaining Balance Fund Name Budgeted Item N/A Budget Adjustment Attached N!A [jCcAMt(.t+.� 11I/D 10 Previous Ordinance or Resolution# epartment DDirector Date Original Contract Date: �J 1021 10 Original Contract Number: CityAtteyy Date Finance and Internal Services Director Date Received in City 1 1-09—1 0 P 1 1 : 04 1 N Clerk's Office Chief of St Date Received in (� Mayor's Office Lr/ ea a li � a r Dae e _ Comments: Revised January 15,2009 Taye7� Office of the City Clerk Treasurer " 1� Sondra E.Smith,City Clerk Treasurer '/ Lisa Branson, Deputy City Clerk ARKANSAS Amber Wood, Deputy City Clerk Phone: (479)575-8323 Fax: (479)718-7695 Departmental Correspondence city clerk(o)cHavetteville.ar.us To: Kit Williams, City Attorney From: Sondra Smith, City Clerk/Treasurer Date: November 10, 2010 RE: Ordinance 5356 Mayor Jordan requested that Ordinance 5356 that was approved on June 1, 2010 and Ordinance 5324 that was approved on September 21, 2010 be reviewed at the December 7, 2010 City Council meeting. Ordinance 5356 was an ordinance amending chapter 72 Parking Regulations of the Fayetteville Code by repealing subsections 72.58(h)(1) through 72.58(h)(3) and enacting replacement subsections 72.58(h)(1-3) to change the time of allowable free parking in the entertainment district parking zone. It changed the times for paid parking and expires on December 7, 2010 Telecommunications Device for the Deaf TDD/TTY(479)521-1316 113 West Mountain—Fayetteville,AR 72701 FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS KIT WILLIAMS,CITY ATTORNEY DAVID WHITAKER,ASST.CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Mayor Jordan Sondra Smith, City Clerk City Council FROM: Kit Williams, City Attorney -- DATE: November 12, 2010 RE: Review of sunset provisions of Ordinance No. 5356 which eliminated paid parking requirements in the Entertainment District Parking Zone until 2:00 p.m. On September 21, 2010, the City Council passed Ordinance No. 5356 to increase the free parking period in the Entertainment District Parking Zone by four hours (from 10:00 a.m. until 2:00 p.m.) daily. This was enacted with an automatic sunsetting provision to expire on December 7, 2010, when the ordinance's effect on parking revenues and business activity could be examined by the City Council.. If the City Council does not pass an ordinance eliminating or amending the sunsetting provision, the original periods of free and paid parking will go back into effect so that free parking will be from 2:00 a.m. until 10:00 a.m. and paid parking will be from 10:00 a.m. until 2:00 a.m. the following day. If the attached ordinance is passed, it will do only one specific thing: repeal the sunsetting provision from Section 2 of Ordinance No. 5356. Thus, the current free parking period from 2:00 a.m. until 2:00 p.m. will continue with the paid parking period remaining from 2:00 p.m. until 2:00 a.m. the next day. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 5356 CONCERNING PARKING REGULATIONS BY REMOVING THE SUNSET PROVISION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Section 2 of Ordinance No. 5356 so that after amendment,it shall read as follows. "Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that this Ordinance shall be effective on October 1, 2010." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that because this Ordinance only repeals a sunsetting provision of Ordinance No. 5356, it is specific in nature and shall take effect immediately. PASSED and APPROVED this 7th day of December, 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN,Mayor SONDRA E. SMITH, City Clerk/Treasurer ORDINANCE NO. 5356 AN ORDINANCE AMENDING CHAPTER 72 PARKING REGULATIONS OF THE FAYETTEVILLE CODE BY REPEALING SUBSECTIONS 72.58(H)(1) THROUGH 72.58(H)(3) AND ENACTING REPLACEMENT SUBSECTIONS 72.58(H)(1-3) TO CHANGE THE TIME OF ALLOWABLE FREE PARKING IN THE ENTERTAINMENT DISTRICT PARKING ZONE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals Fayetteville Code §72.58(H)(1) through §72.58(H)(3) in their entirety and enacts replacement subsection §72.58(H)(1-3) as shown below: "(H) City parking lots and paid on-street parking spaces within the Entertainment District Parking Zone. For Parking Lots 50, 55, 56 and 60 and all paid on-street parking spaces within the Entertainment District Parking Zone, the following parking fees are established and shall be required to be paid by the owner or operator of any vehicle parked in those spaces or lots: (1) Monday through Friday (a) 2:00 p.m. until 5:00 p.m. — $.50 per hour with a maximum charge of $1.50. (b) 5:00 p.m. until 2:00 a.m. the following day — $1.00 per hour with a maximum charge of$5.00. (c) 2:00 a.m. until 2:00 p.m.—free parking. Page 2 Ordinance No. 5356 (2) Saturday (a) 2:00 p.m. until 6:00 p.m.—$.50 per hour with a maximum charge of $2.00. (b) 6:00 p.m. until 2:00 am. the following day — $1.00 per hour with a maximum charge of$5.00. (c) 2:00 a.m.until 2:00 p.m.—free parking. (3) , Sunday (a) 2:00 p.m.until 6:00 p.m.—$.50 per hour. (b) 6:00 p.m. until 2:00 am. the following day — $1.00 per hour with a maximum charge of$5.00. (c) 2:00 am.until 2:00 p.m.—free parking. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance shall be effective on October 1, 2010. The City Council further determines that this amendment shall be ineffective and repealed and the current §72.58(1T) (1-3) terms as previously enacted shall be in full force and effect on December 7,2010. PASSED and APPROVED this 21'day of September,2010. APPROVED: ATTEST: By: By: idor4ELD JO Mayor SONDRA E. SMITH, City Clerk/Treasurer c :FAYETiEVILLE '•y,:9R1CANSP%�'Jho` °y;^,;cro �° NORTHWEST ARKANSAS NEWSPAPERS= RECEIVED Northwest Arkansas Democrat Gazette OCT 25 2010 The Morning News of Springdale CITY OFFAYE7TOFEVILL FICF E The Morning News of Rogers CI7Y CLERK'S Northwest Arkansas Times Benton County Daily Record 212 North East Avenue, Fayetteville Arkansas 72701/ PO Box 1607, 72702 PHONE: 479-571-6421 AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that 1 am Legal Clerk of the Northwest Arkansas Newspapers LLC. Printed and published in Washington & Benton County, (Lowell), Arkansas and that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville — Ordinance No 5356 October7,2010 Publication Charge : $'' �nj 110.25 Signed: -- Co 1 0( —t—:, Subscribed and sworn to before me This 13 day of 13"kr 2010. Notary Public 4 Jim Mears 'n'ashtngg4400n County . Commission number 12374'647 My Commission Expires: votary Puh o-Arkansas MY Commissi:xr Expires,la".I-le,202.0 Do not pay from Affidavit, an Invoice will be sent RECEIVE® OCT 252010 CITY OF FAYETTEVILLE CITY CLERKS OFFICE CFIDINANCE NO.SM .. AN ORDINANOEMIENDMCHAMER 72 PAMING PP _ RE(IIAATIGN3 OF THE FS 72M ILLS CROE BY "YI V 72.680OTI AND ENACTING NEHM MTHE TME.OTIRNB 72.6811$FRE ro CNAN(N THE aaaaKsas TME AF ALLOWABLE Ff✓PA PINKING IN THE .BE R ORDAINED BV THE ON COUNCLL OP 7NB CRY OF FAYE77ENLLE4 'ASNAMSAS Socillon ettev 1. Ddb the B Caro of ae 8 of ftw&A NealaBe haeb/Mne t -. 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PASSED arM APPAOYFDdae 21st day dTFEST:bar,2010. , - APPf BY., I.MNEIDJORDAN,Mffff SONDRA E SMR1,Cay C&k/Meawaer i ORDINANCE NO. 5324 AN ORDINANCE TO AMEND ARTICLE III PARKING METERS OF CHAPTER 72 PARKING REGULATIONS BY CHANGING ITS NAME AND ADDING PROVISIONS FOR AN ELECTRONIC PAYMENT STATION PROGRAM FOR PAID PARKING LOTS AND PAID ON-STREET PARKING AND FOR OTHER REASONS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas hereby amends Article III Parking Meters of Chapter 72 Parking Regulations by renaming Article III Parking Meters and Electronic Payment Stations and adding the following definitions to §72.50 Definitions: "'Electronic Payment Stations': A place where a person who has parked his vehicle in a Entertainment District Parking Zone paid parking space or lot may pay the appropriate fee for the paid parking space. 'Employee Parking Card': A card issued by the Parking Division for use only by employees of businesses operating in the Entertainment District Parking Zone which may be discounted by the Mayor up to 90% of normal parking rates for certain paid parking spaces within the Zone. `Entertainment District Parking Zone': The area depicted on the map and described on Exhibit A attached to this enacting ordinance. `Proximity Access Card': A card issued by the Parking Division for a monthly fee that allows the user to access and use gated parking lots in the Entertainment District Parking Zone on weekdays from 7:00 a.m. until 4:00 p.m." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends §72.51 Presumption As To Unlawful Parking in Metered Space by repealing it in its entirety and enacting a replacement §72.51 Presumption As To Unlawful Parking In Metered Space and Paid Parking Space or Lot Serviced By An Electronic Payment Station. Page 2 Ordinance No. 5324 "The indication on the parking meter or within the Electronic Payment Station System that the paid for time has expired shall be presumptive evidence, as to the parked vehicle then found in the parking space or paid parking lot regulated by such parking meter or the Electronic Payment Station System, that the owner or driver has failed to pay for all the parking used in such space or lot which shall be presumptive evidence of the violation of unlawful parking." Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends §72.52 Purpose of Deposit Requirement by repealing it in its entirety and enacting a replacement §72.52 Purpose of Deposit or Electronic Payment Requirement. "The coins required to be deposited in parking meters or the electronic payment required to be made at electronic payment stations by this article are for the purpose of regulating parking, to cover part of the cost of such necessary regulation for the convenience and protection of the public, to accumulate revenues to use for the construction of additional parking facilities including parking decks, and to provide operating revenue for the Walton Arts Center." Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends §72.53 Depositing Slugs Prohibited by repealing it in its entirety and enacting a replacement §72.53 Depositing Slugs or Making Simulated Electronic Payment Prohibited. "(A) It shall be unlawful for any person to deposit or cause to be deposited in any parking meter installed under this article any slug, device or substitute for a coin of the United States of America. (B) It shall be unlawful for any person to simulate an electronic payment at any electronic payment station installed under this article by any means." Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends §72.54 Tampering with Meters Prohibited by repealing it in its entirety and enacting a replacement § 72.54 Tampering with Meters or Electronic Payment Stations Prohibited. "It shall be unlawful for any person to deface, injure, tamper with, willfully break, destroy or impair the usefulness of, or to open without lawful authority, any parking meter or electronic pay station installed in accord with this article." Section 6: That the City Council of the City of Fayetteville, Arkansas hereby amends § 72.55 Collections from Meters by repealing it in its entirety and enacting a replacement § 72.55 Collections from Meters and Electronic Payment Stations. "The Parking Manager shall collect all deposits or electronic transactions from parking meters and electronic payment stations installed under this article and deliver them to the Accounting Department or as directed by the Mayor." Section 7: That the City Council of the City of Fayetteville, Arkansas hereby amends §72.57 Parking Meter Zones by repealing subsection (E) and subsection (F) in their entireties and enacting replacement subsections as shown below: Page 3 Ordinance No. 5324 "§72.57 (E) Regulated hours for parking meters. (1) Within the Entertainment District Parking Zone between the hours of 10 a.m. until 2:00 a.m. Monday —Saturday and 1:00 P.M. until 2:00 a.m. on Sunday, the owner or driver of a vehicle upon parking the vehicle in a parking meter space shall immediately deposit sufficient money as required in §72.58(1-1), in the parking meter. (2) Outside the Entertainment District Parking Zone between the hours of 8:00 a.m. until 6:00 p.m. Monday — Friday (except City holidays), the owner or driver of a vehicle upon parking the vehicle in a parking meter space shall immediately deposit sufficient money as required in §72.58(G) in the parking meter. "(F) Unlawful to leave vehicle parked in excess of alloived time. "Upon the expiration of the legal parking time paid for and allowed pursuant to this chapter during the period that paid parking is required, it is unlawful for the owner or driver to leave the vehicle in the parking space. Violation of such overtime parking shall be punished pursuant to §72.99." Section 8: That the City Council of the City of Fayetteville, Arkansas hereby amends §72.58 Off-Street Parking Meter Facilities; Rates for City Garage by renaming the section Off- Street parking Facilities; Rules and Rates and by repealing subsections (G), (H) and (J) in their entireties and enacting replacement subsections (G), (H) and (J) and a new subsection (M) as shown below: "(G) Gated parking lots, parking decks and parking meters outside the Entertainment Parking District Zone. For all the parking lots identified in subsection (A) and all parking meters outside the Entertainment Parking District Zone. The following parking fees are established and shall be required to be paid by the owner or operator of any vehicle parked in those spaces or parking lots: (1) Long-tern metered spaces(red-capped parking meters) -- $.15 per hour. (2) All other parking meters -- $.25 per hour. (3) Gated lot(per space) -- $30.00 per month. (4) Long-term parking permits (hang tags) for use only at long-term (red- capped)meters --$30.00 per month. (5) City Parking Deck at Meadow Street -- $45.00 per month for first and second levels, $30.00 per month for third level, plus single day usage fee of not more than$4.00 if space is available. (6) Town Center Parking Deck — not more than $70.00 per month nor more than $4.00 per day if space is available.