HomeMy WebLinkAboutOrdinance 6292113 West Mountain Street
Fayetteville; AR 72701
(479)575-8323
Ordinance: 6292
File Number: 2020-0249
TEMPORARY EXTRAORDINARY POWERS:
AN ORDINANCE TO GRANT THE MAYOR TEMPORARY EXTRAORDINARY POWERS TO
PROVIDE FOR THE SAFETY AND HEALTH OF FAYETTEVILLE INHABITANTS AND TO PASS
AN EMERGENCY CLAUSE
WHEREAS, "municipal corporations shall have the power to make. ordinances which as to them,
shall seem necessary to provide for the safety, preserve the health of such corporations and the inhabitants
thereof." (A.C.A. §14-55-102 Purposes generally); and
WHEREAS, the Covid-19 virus presents a grave and growing danger to the health of our citizens and
residents so that the City Council should empower Mayor Jordan to take needed measures as
recommended by the Center for Disease Control (CDC), the Arkansas Department of Health, or other
recognized scientific and health authorities to slow the spread of this pandemic; and
WHEREAS, these extraordinary .powers shall include prohibiting the gathering of more than fifty
persons, possibly requiring restaurant and bar owners to check each guest prior to admission into their
establishment to ensure they do not have a fever associated with Covid-19, and other powers.
NOW, THEREFORE, 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 enacts the following:
EMERGENCY RESPONSE TO COVID-19 VIRUS PANDEMIC BY GRANTING NEW, TEMPORARY
POWERS TO MAYOR JORDAN TO PRESERVE THE HEALTH OF FAYETTEVILLE RESIDENTS.
Page 1 Printed on 3117/20
File Number. 2020-0249
Ordinance 6292
WHEREAS, the City of Fayetteville's most important duty is the preserve the health and safety of its
citizens and other inhabitants; and
WHEREAS, the Covid-19 Pandemic now presents a grave threat of illness and death to every
American and every Fayetteville resident; and
WHEREAS, the City Council has determined that Fayetteville's public health and safety require that
the City Council place extraordinary powers within the Mayor's authority to better protect our citizens
during this pandemic emergency.
IT IS THEREFORE AGREED AND ENACTED that Mayor Jordan shall have the following powers and
duties during the first phase of Fayetteville's efforts to protect its citizens beginning immediately
upon the passage and enactment of this ordinance and emergency clause and ending (unless renewed
by City Council Resolution) on April 29, 2020.
(1) Mayor Jordan may regulate or prohibit the gathering of residents in public or private places serving
the public (restaurants and bars).
(2) Mayor Jordan may locally enforce recommendations from the Center of Disease Control
(CDC), Arkansas Department of Health and other recognized scientific or health authorities with
regulations or prohibitions of activities that could increase spreading of the Covid-19 Pandemic.
(3) Mayor Jordan may take other necessary actions to promote and preserve the health and safety
of our citizens and residents.
(4) All regulations and actions taken by Mayor Jordan pursuant to this ordinance during this
emergency shall have the full force of law and shall be interpreted and enforced pursuant to
Chapter 10: General Provisions of the Fayetteville Code.
Section 2: Emergency Clause
The Fayetteville City Council recognizes that Fayetteville and its citizens are under dire threat from the
Covid-19 Pandemic and that our citizens' health and safety require that this ordinance granting the Mayor
extraordinary temporary powers to protect our citizens constitutes an emergency such that this
ordinance must and will go into full force and effect immediately upon is passage and approval.
PASSED and APPROVED on 3/16/2020
Page 2 Printed on 3/17/20
File Number. 2020-0249
Ordinance 6292
Attest:
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Kara Paxton, City Clerk Treasurer,����,r��„��
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Page 3 Printed on 3117/20
City of Fayetteville, Arkansas 113 West Mountain Street
/ ,_n .• : ;ti Fayetteville, AR 72701
I (479) 575-8323
Text File
File Number: 2020-0249
Agenda Date: 3/17/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
TEMPORARY EXTRAORDINARY POWERS:
AN ORDINANCE TO GRANT THE MAYOR TEMPORARY EXTRAORDINARY POWERS TO
PROVIDE FOR THE' SAFETY AND HEALTH OF FAYETTEVILLE INHABITANTS AND TO PASS
AN EMERGENCY CLAUSE
WHEREAS, "municipal corporations shall have the power to make.. ordinances ... which as to them, shall
seem necessary to provide for the safety, preserve the health... of such corporations and the inhabitants
thereof." (A.C.A. §14-55-102 Purposes generally); and
WHEREAS, the Covid-19 virus presents a grave and growing danger to the health of our citizens and
residents so that the City Council should empower Mayor Jordan to take needed measures as recommended
by the Center for Disease Control (CDC), the Arkansas Department of Health, or other recognized scientific
and health authorities to slow the spread of this pandemic; and
WHEREAS, these extraordinary powers shall include prohibiting the gathering of more than fifty persons,
possibly requiring restaurant and bar owners to check each guest prior to admission into their establishment to
ensure they do not have a fever associated with Covid-19, and other powers.
NOW, THEREFORE, 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 enacts the following:
EMERGENCY RESPONSE TO COVID-19 VIRUS PANDEMIC BY GRANTING NEW, TEMPORARY
POWERS TO MAYOR JORDAN TO PRESERVE THE HEALTH OF FAYETTEVILLE RESIDENTS.
WHEREAS, the City of Fayetteville's most important duty is the preserve the health and safety of its citizens
and other inhabitants; and
WHEREAS, the Covid-19 Pandemic now presents a grave threat of illness and death to every American and
every Fayetteville resident; and
WHEREAS, the City Council has determined that Fayetteville's public health and safety require that the City
City of Fayetteville, Arkansas Page 1 Printed on 311712020
File Number.' 2020-0249
Council place extraordinary powers within the Mayor'sauthority to better protect our citizens during this
pandemic emergency.
IT IS THEREFORE AGREED AND ENACTED that Mayor Jordan shall have the following powers and
duties during the first phase of Fayetteville's efforts to protect its citizens beginning immediately upon the
passage and enactment of this ordinance and emergency clause and ending (unless renewed by City Council
Resolution) on April 29, 2020.
(1) Mayor Jordan may regulate or prohibit the gathering of residents in public or private places serving the
public (restaurants and bars).
(2) Mayor Jordan may locally enforce recommendations from the Center of Disease Control (CDC);
Arkansas Department of Health and other recognized scientific or health authorities with regulations or
prohibitions of activities that could increase spreading of the Covid-19 Pandemic.
(3) Mayor Jordan may take other necessary actions to promote and preserve the health and safety of our
citizens and residents.
(4) All regulations and actions taken by Mayor Jordan pursuant to this ordinance during this emergency
shall have the full force of law and shall be interpreted and enforced pursuant to Chapter 10: General
Provisions of the Fayetteville Code.
Section 2: Emergency Clause
The Fayetteville City Council recognizes that Fayetteville and its citizens are under dire threat from the
Covid-19 Pandemic and that our citizens' health and safety require that this ordinance granting the Mayor
extraordinary temporary powers to protect our citizens constitutes an emergency such that this ordinance must
and will go into full force and effect immediately upon is passage and approval.
City of Fayetteville, Arkansas Paye 2 Printed on 3117/2020
2
Legistar ID No.: —�/
SPECIAL MEETING AGENDA REQUEST FORM
FOR: Special City Council Meeting of March 16, 2020
FROM: Mayor Lioneld Jordan and City Attorney Kit Williams
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
AN ORDINANCE TO GRANT THE MAYOR TEMPORARY EXTRAORDINARY
POWERS TO PROVIDE FOR THE SAFETY AND HEALTH OF FAYETTEVILLE
INHABITANTS AND TO PASS AN EMERGENCY CLAUSE
AGENDA:
yor,L,fo'ne]VJordan
C
City Attorney Kit Williams
Date
/II &c(-- I , 2d z
Date
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY
TO: Mayor Jordan
City Council
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
CC: Susan Norton, Chief of Staff Jodi Batker
Paralegal'
Paul Becker, Finance Director
FROM: Kit Williams, City Attorney
DATE: March 16, 2020
The City of Fayetteville's primary purposes and power are to enact ordinances
which the City Council believe are "necessary to provide for the safety, preserve the
health ... of such corporations and the inhabitants thereof." A.C.A. X14-55-102. This is
commonly referred to as the City's Police Power, the most fundamental and necessary
power of the City Council.
Another of the most fundamental powers granted to cities by the General
Assembly is the first one listed with A.C.A. X14-54-103 General powers of cities and
towns.
"Cities and incorporated towns shall have the power to:
(1) Prevent injury or annoyance within the limits of the municipal corporation
from anything dangerous, offensive, or unhealthy..."
The Covid-19 Pandemic now striking Arkansas is certainly worthy of emergency,
protective and preventive measures by the City of Fayetteville's Administration.
Therefore, the City Council can best protect our citizens by empowering Mayor Jordan to
do his best to slow this pandemic and protect our citizens.
ORDINANCE NO.�
AN ORDINANCE TO GRANT THE MAYOR TEMPORARY EXTRAORDINARY POWERS
TO PROVIDE FOR THE SAFETY AND HEALTH OF FAYETTEVILLE INHABITANTS AND
TO PASS AN EMERGENCY CLAUSE
WHEREAS, "municipal corporations shall have the power to make.. ordinances ... which as to
them, shall seem necessary to provide for the safety, preserve the health... of such corporations
and the inhabitants thereof." (A.C.A. §14-55-102 Purposes generally); and
WHEREAS, the Covid-19 virus presents a grave and growing danger to the health of our citizens
and residents so that the City Council should empower Mayor Jordan to take needed measures as
recommended by the Center for Disease Control (CDC), the Arkansas Department of Health, or
other recognized scientific and health authorities to slow the spread of this pandemic; and
WHEREAS, these extraordinary powers shall include prohibiting the gathering of more than fifty
persons, possibly requiring restaurant and bar owners to check each guest prior to admission into
their establishment to ensure they do not have a fever associated with Covid-19, and other powers.
NOW, THEREFORE, 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 enacts the following:
EMERGENCY RESPONSE TO COVID-19 VIRUS PANDEMIC BY GRANTING NEW,
TEMPORARY POWERS TO MAYOR JORDAN TO PRESERVE THE HEALTH OF
FAYETTEVILLE RESIDENTS.
WHEREAS, the City of Fayetteville's most important duty is the preserve the health and safety
of its citizens and other inhabitants; and
WHEREAS, the Covid-19 Pandemic now presents a grave threat of illness and death to every
American and every Fayetteville resident; and
WHEREAS, the City Council has determined that Fayetteville's public health and safety require
that the City Council place extraordinary powers within the Mayor's authority to better protect our
citizens during this pandemic emergency.
IT IS THEREFORE AGREED AND ENACTED that Mayor Jordan shall have the following
powers and duties during the first phase of Fayetteville's efforts to protect its citizens beginning
immediately upon the passage and enactment of this ordinance and emergency clause and ending
(unless renewed by City Council Resolution) on April 29, 2020.
(1) Mayor Jordan may regulate or prohibit the gathering of 50 or more residents in public or
private places serving the public (restaurants and bars).
(2) Mayor Jordan may locally enforce recommendations from the Center of Disease Control
(CDC), Arkansas Department of Health and other recognized scientific or health
authorities with regulations or prohibitions of activities that could increase spreading of the
Covid-19 Pandemic.
(3) Mayor Jordan may take other necessary actions to promote and preserve the health and
safety of our citizens and residents.
(4) All regulations and actions taken by Mayor Jordan pursuant to this ordinance during this
emergency shall have the full force of law and shall be interpreted and enforced pursuant
to Chapter 10: General Provisions of the Fayetteville Code.
Section 2: Emergency Clause
The Fayetteville City Council recognizes that Fayetteville and its citizens are under dire threat
from the Covid-19 Pandemic and that our citizens' health and safety require that this ordinance
granting the Mayor extraordinary temporary powers to protect our citizens constitutes an
emergency such that this ordinance must and will go into full force and effect immediately upon
is passage and approval.
PASSED and APPROVED this 16"' day of March, 2020.
y
ATTEST:
ntrliii
By: `��.���.�� T REQ
KARA PAXTON, City Clerk/Trea.G�� Y OF SGS%
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. • �7?'ir • i � I
AFFIDAVIT OF PUBLICATION
I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the Northwest Arkansas
Democrat- Gazette, printed and published in Washington and Benton County, Arkansas, and of bona
fide circulation, that from my own personal knowledge and reference to the files of said publication,
the advertisement of:
City of Fayetteville -Clerks Office
Ord 6292
Was inserted in the Regular Edition on:
March 19, 2020
Publication Charges: $223.60
Brittany Smith
Subscribed and sworn to before me
This 6D day of Vflar , 2020.
Notary Public L -;;r
My Commission Expires:a10-\8- 1002`)
ANERINE �STPGGS 2772
CbmwssION # 28, 2025
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EXPIRES Febtuari
toGounty
Washin�®
**NOTE** Please do not pay from Affidavit
Invoice will be sent.
Ordinance: 6292
File Number: 2020-0249
TEMPORARY EXTRAORDINARY
POWERS:
AN ORDINANCE TO GRANT THE
MAYOR TEMPORARY
EXTRAORDINARY POWERS TO
PROVIDE FOR THE SAFETY AND
HEALTH OF FAYETTEVILLE
INHABITANTS AND TO PASS AN
EMERGENCY CLAUSE
WHEREAS, *municipal corporations
shall have the power to make.
ordinances which as to them, shall seem
necessary to provide for the safety,
preserve the health of such corporations
and the inhabitants thereof.' (A.0 A.
§14-55102 Purposes generally); and
WHEREAS, the Covid-19 virus
presents a grave and growing danger to
the health of our citizens and residents
so that the City Council should empower
Mayor Jordan to take needed measures
as recommended by the Center for
Disease Control (CDC), the Arkansas
Department of Health, or other
recognized scientific and health
authorities to slow the spread of this
pandemic; and
WHEREAS, these extraordinary powers
shall include prohibiting the gathering of
more than fifty persons, possibly
requiring restaurant and bar owners to
check each guest prior to admission into
their establishment to ensure they do not
have a fever associated with Covid-19.
and other powers.
NOW, THEREFORE, BE IT
iORDAINED BY THE CITY COUNCIL
OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section l: That the City Council of the
City of Fayetteville, Arkansas hereby
enacts the following: EMERGENCY
RESPONSE TO COV ID -19 VIRUS
PANDEMIC BY GRANTING NEW.
TEMPORARY POWERS TO MAYOR
JORDAN TO PRESERVE THE
HEALTH OF FAYETTEVILLE
RESIDENTS.
WHEREAS, the City of Fayetteville's
most important duty is the preserve the
health and safety of its citizens and other
inhabitants: and
WHEREAS, the Covid-19 Pandemic
now presents a grave threat of illness
and death to every American and every
Fayetteville resident; and
WHEREAS, the City Council has
determined that Fayetteville's public
health and safety require that the City
Council place extraordinary powers
within the Mayor's authority to better
protect our citizens during this pandemic
emergency.
IT IS THEREFORE AGREED AND
ENACTED that Mayor Jordan shall
have the following powers and duties
during the first phase of Fayetteville's
efforts to protect its citizens beginning
immediately upon the passage and
enactment of this ordinance and
emergency clause and ending (unless
renewed by City Council Resolution) on
April 29.2020.
(1) Mayor Jordan may regulate
or prohibit the gathering of residents in
public or private places serving the public
(restaurants and bars).
(2) Mayor Jordan may locally
enforce recommendations from the
Center of Disease Control (CDC).
Arkansas Department of Health and other
recognized scientific or health authorities
with regulations or prohibitions of
activities that could increase spreading of
the Covid-19 Pandemic.
(3) Mayor Jordan may take
other necessary actions to promote and
preserve the health and safety of our
citizens and residents.
(4) All regulations and actions
taken by Mayor Jordan pursuant to this
ordinance during this emergency shall
have the full force of law and shall be
interpreted and enforced pursuant to
Chapter 10: General Provisions of the
Fayetteville Code.
Section 2: Emergency Clause
The Fayetteville City Council recognizes
that Fayetteville and its citizens are under
dire threat from the Covid-19 Pandemic
and that our citizens' health and safety
require that this ordinance granting the
Mayor extraordinary temporary powers to
protect our citizens constitutes an
emergency such that this ordinance must
and will go into full force and effect
immediately upon is passage and
approval.
PASSED and APPROVED on 3/16/2020
Approved:
/s/ Lioneld Jordan
Lioneld Jordan. Mayor
Attest:
/s/ Kam Paxton
Kara Paxton, City Clerk
Treasurer
75249248 03/19!2020