ORD NO 06-2007 0 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. -2007
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO AUTHORIZE THE CITY OF VAN
BUREN TO OPT OUT OF THE "DARK SKIES
PROVISION" OF THE ARKANSAS SHIELDED OUTDOOR
LIGHTING ACT, DETERMINING THAT THE COST OF
ACQUIRING "SHIELDED" OUTDOOR LIGHTING
FIXTURES IS COST PROHIBITIVE, DECLARING AN
EMERGENCY, AND FOR OTHER PURPOSES.
WHEREAS, the "Arkansas Shielded Outdoor Lighting Act," as amended by Act 11 of 2006,
Arkansas Code Annotated 8 -14 -10 through 8 -14 -104 (hereinafter, "the Act.
prohibits the use of public funds to install outdoor lighting fixtures that are
not shielded to direct light toward the ground unless the governing body
determines by ordinance that the cost of acquiring shielded outdoor lighting fixtures
will be prohibitive; and
WHEREAS, the Act further provides that said prohibition shall not apply to any municipality if
the governing body of the municipality determines by ordinance that the cost of
acquiring a shielded outdoor lighting fixture will be prohibitive after comparing the
cost of the fixtures and the projected energy cost of the operation of the fixtures; and
WHEREAS, the installation of shielded fixtures will not reduce the cost of electrical usage or
result in any other cost savings to the City.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF
THE CITY OF VAN BUREN, ARKANSAS, THAT:
SECTION 1: The City Council has determined that the cost of acquiring new shielded outdoor
lighting fixtures will be cost prohibitive in that such shielded fixtures would add an
additional cost per month of approximately $1.08, for each 9,500 lumen light to be
added or replaced. Additionally, the City Council finds that the cost of' shielded
lighting, over non shielded fixtures, would be cost prohibitive in that a shielded light
illuminates a much smaller area than the existing type alighting used in the city of
Van Buren, and therefore, lighting our existing neighborhoods with the equivalent
candlelight to our present system would require the purchase and installation of
additional fixtures per block; and
SECTION 2: Based on the determination that the cost of acquiring shielded outdoor lighting
fixtures would be cost prohibitive, and due to budget constraints and the number
of street light fixtures maintained by the City, the City of Van Buren hereby
expressly intends to avail itself of the exemption from the requirements of the Act
pertaining to the purchase of the new shielded outdoor lighting fixtures, and that,
pursuant to A.C.A. 8- 14- 104(a)(1)(B), as amended by Act 11 of 2006, the
prohibition against using public funds to install non shielded street light fixtures shall
not apply to the City of Van Buren.
SECTION 3: Emergency Clause. The ability to properly light municipal streets and roadways, and
to do so in the most economically possible manner in order to assure that more streets
are, and remain, lighted is essential to the public health, safety and welfare, and this
goal can be more easily met by compliance with the terms of this ordinance; an
emergency is therefore, declared to exist and this ordinance shall be in full force and
effect from and after the date of its passage.
SECTION 4: The various provisions and parts of this Ordinance are hereby declared to be
severable, and, if any section or part of a section, or any provision or part of a
provision herein, is declared to be unconstitutional, inappropriate, or invalid by any
court of competent jurisdiction, such holding shall not invalidate or affect the
remainder of this Ordinance and to that extent the provisions hereto are declared to
be severable.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of (c for and 0 against, the foregoing Ordinance at its
meeting held on the kth day of April 2007.
H 1 1 a
Robert D. reeman, Mayo
ATTESTED: Py
IL 02-3/41A-c-fi Barbie Curtis, City Clerk/Treasurer
API FORM:
4 air N. Dm a (s, Jr., Ci orney
0