ORD NO 05-1997 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. -1997
AN ORDINANCE TO ESTABLISH A SIDEWALK CONSTRUCTION AND MAINTENANCE FUND;
ct ADOPTING SIDEWALK STANDARDS; ADOPTING A MASTER SIDEWALK MAP; PROVIDING
FOR PROCEDURES OF PUBLIC HEARINGS AND PUBLIC INPUT FOR THE ANNUAL
CONSTRUCTION PROGRAM; AND TO ESTABLISH FOR FUNDING OF THE SIDEWALK
PROGRAM.
PURPOSE; FOR CONSTRUCTION AND MAINTENANCE OF SIDEWALKS FOR
THE SAFE CONVEYANCE OF PEDESTRIAN TRAFFIC; PRIMARILY,
BUT NOT LIMITED TO, SIDEWALKS AROUND SCHOOLS AND
ALONG STREETS DEFINED AS COLLECTOR AND ARTERIAL
STREETS ON THE MASTER STREET PLAN.
WHEREAS, The City Council of Van Buren has recognized the need to protect the safety
of pedestrians; and,
WHEREAS, There is not a city wide program for the construction and maintenance of
sidewalks; and
WHEREAS, Notice of public hearing has been published in the newspaper as required
by law; and
WHEREAS, A public hearing was held before the Planning Commission on the
4th day of March, 1997; and
WHEREAS, The Planning Commission recommended the Sidewalk Construction and
Maintenance Program to the City Council:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VAN BUREN, ARKANSAS:
SECTION 1: ESTABLISHMENT OF SIDEWALK PROGRAM.
That there is hereby established a separate fund known as the SIDEWALK
CONSTRUCTION AND MAINTENANCE FUND.
A. Funding will come from the dedication of three (0.03) cents per
square foot of the fees collected on all building permits issued. The City
Clerk will deposit these fees into the Sidewalk Fund on a monthly basis. The
Building Official shall supply the City Clerk with a monthly report of fees
collected.
B. The Master Street Map is hereby adopted to serve as the Master
Sidewalk Map for planning and development of sidewalks.
C. The Planning Commission shall hold a Public Hearing in October
of each year in order to receive input from the public, to plan where
sidewalks need to the built, using the master sidewalk map and statement
of purpose to develop the annual sidewalk program. Following the public
hearing, the Planning Commission shall take those comments and along
with the fiscal constraints, recommend a sidewalk program for the coming
year to the City Council.
D. Construction standards as provided by the City of Van Buren
Building Department, are hereby adopted as the standard for construction of
sidewalks in Van Buren.
E. The sidewalk funds will not be used as supplemental funds to the
widening of an existing street nor the building of a new street. Sidewalks
built as a result of a street improvement project shall not use sidewalk
construction and maintenance funds.
F. Each and every expenditure of funds shall be approved by the City
Council prior to the commencement of construction.
SECTION 2: SAVING CLAUSE:
Nothing in this ordinance hereby adopted shall be construed to affect any suit
or proceeding now pending in any court, or any rights acquired, or liability
incurred, nor any cause or causes of action accrued or existing, under any
act or ordinance repealed hereby. Nor shall any right or remedy of any
character be lost, impaired or affected by this ordinance.
SECTION 3: SEVERABILITY:
The invalidity of any section or provision of this ordinance hereby adopted
shall not invalidate other sections or provisions thereof.
SECTION 4; INCONSISTENT ORDINANCES REPEALED.
Ordinances or parts thereof in force at the time that this ordinance shall take
effect and inconsistent herewith, are hereby repealed.
PASSED AND APPROVED THIS 17TH DAY OF MARCH 19 97
4YOR
ATTESTED:
CITY CLERK TREASURER