HomeMy WebLinkAbout122-20 RESOLUTIONi
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 122-20
File Number: 2020-0329
EXTEND EXTRAORDINARY POWERS:
A RESOLUTION TO EXTEND THE TEMPORARY, EXTRAORDINARY POWERS GRANTED TO
MAYOR JORDAN IN ORDINANCE #6292 FROM APRIL 29, 2020 UNTIL JUNE 2, 2020
WHEREAS, on March 16, 2020, to help the City of Fayetteville better protect the health and safety
of Fayetteville citizens and residents during this Covid-19 pandemic, the Fayetteville City Council passed
Ordinance #6292 granting the Mayor temporary extraordinary powers until April 29, 2020; and
WHEREAS, because the powers granted to the Mayor in Ordinance #6292 and statutory powers in
A.C.A. § 12-75-101, et seq., Mayor Jordan has been able to implement important actions to ensure better
social distancing, to maintain continuing operation of the City's emergency services at full strength, and
to offer our citizens free, safe outdoor activities such as shore fishing at Lake Fayetteville and Lake
Sequoyah;and
WHEREAS, the CDC and Governor's Office have recognized that all such protective measures should
continue as the Covid-19 pandemic remains a danger to our community, state and nation.
NOT THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby renews the effectiveness
of Ordinance #6292 pursuant to its provisions by extending the effective date of its granting of all such
temporary extraordinary powers to the Mayor until June 2, 2020.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby maintains the right to
further extend those temporary extraordinary powers by Resolution on or before June 2, 2020 if the
Page 1 Printed on 4122120
Resolution: 122-20
File Number: 2020-0329
City Council determines that Covid-19 pandemic continues to require such emergency powers.
PASSED and APPROVED on 4/21 /2020
Attest:
24
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FAYETTEVILLE :
Kara Paxton, City Clerk Treasurer:
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City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2020-0329
Agenda Date: 4/21/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: D 1
EXTEND EXTRAORDINARY POWERS:
A RESOLUTION TO EXTEND THE TEMPORARY, EXTRAORDINARY POWERS GRANTED TO
MAYOR JORDAN IN ORDINANCE #6292 FROM APRIL 29, 2020 UNTIL JUNE 2, 2020
WHEREAS, on March 16, 2020, to help the City of Fayetteville better protect the health and safety of
Fayetteville citizens and residents during this Covid-19 pandemic, the Fayetteville City Council passed
Ordinance #6292 granting the Mayor temporary extraordinary powers until April 29, 2020; and
WHEREAS, because the powers granted to the Mayor in Ordinance #6292 and statutory powers in A.C.A.
§12-75-101, et seq., Mayor Jordan has been able to implement important actions to ensure better social
distancing, to maintain continuing operation of the City's emergency services at full strength, and to offer our
citizens free, safe outdoor activities such as shore fishing at Lake Fayetteville and Lake Sequoyah; and
WHEREAS, the CDC and Governor's Office have recognized that all such protective measures should
continue as the Covid-19 pandemic remains a danger to our community, state and nation.
NOT THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby renews the effectiveness of
Ordinance #6292 pursuant to its provisions by extending the effective date of its granting of all such temporary
extraordinary powers to the Mayor until June 2, 2020.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby maintains the right to further
extend those temporary extraordinary powers by Resolution on or before June 2, 2020 if the City Council
determines that Covid-19 pandemic continues to require such emergency powers.
City of Fayetteville, Arkansas Page 1 Printed on 412212020
Legistar ID No.:
AGENDA REQUEST FORM
FOR: Council Meeting of April 21, 2020
FROM: Mayor Lioneld Jordan and City Attorney Kit Williams
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
A RESOLUTION TO EXTEND THE TEMPORARY, EXTRAORDINARY POWERS
GRANTED TO MAYOR JORDAN IN ORDINANCE #6292 FROM APRIL 29, 2020
UNTIL JUNE 2, 2020
APPROVED FOR AGENDA:
Mayor Li
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ate
L/
City Attorney Kit Williams Date
113 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 l: 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.
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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
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File Number. 2020-0249
Ordnance 6292
Attest:
Kara Paxton, City Clerk Treasurer
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