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ORD NO 17-2007 0 CITY OF VAN BUREN. ARKANSAS ORDINANCE NO. 1 -2007 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, AN ORDINANCE TO BE ENTITLED: AN ORDINANCE TO AMEND ORDINANCE NO. 6 -1971 (CHAPTER 8.24 OF THE VAN BUREN MUNICIPAL CODE) TO ESTABLISH THE MAXIMUM LAWFUL SPEED ON A VAN BUREN CITY STREET TO 25 MILES PER HOUR UNLESS OTHERWISE POSTED, DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES. WHEREAS, the current base speed limit, for unposted city streets in Van Buren, is 35 miles per hour; and WHEREAS, this includes many residential areas in the City of Van Buren where the size or topography of the streets makes 35 miles per hour an unsafe and potentially hazardous speed limit; and WHEREAS, the City Engineer and the City Street Department have determined it is not 0 economically feasible, or otherwise practicable, to post many of the smaller or more challenging residential streets with signage; and WHEREAS, the penalty section of Chapter 8.24 of the Van Buren Municipal Code has not been adjusted in over thirty -five years, and should be adjusted to allow for fines up to $100.00; and WHEREAS, notice of a Public Hearing was duly published and a Public Hearing was conducted by the Van Buren Planning Commission; and WHEREAS, the proposed changes herein were recommended by a majority vote of the entire Planning Commission; and WHEREAS. time is of the essence and an emergency has been determined to exist; NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION 1: Ordinance No. 6 -1971, Sec. 1 (Section 8.24.01(B) of the Van Buren Municipal Code) is hereby amended as follows: "On all streets except where a special hazard exists that requires lowered for compliance with paragraph (a) of this section, the maximum lawful speed on city streets shall be twenty -five (25) miles per hour unless otherwise posted and no person shall drive a vehicle on a city street at a speed in excess of such limit." SECTION 2: Ordinance No. 6 -1971. Sec. 2 (Section 8.24.02 of the Van Buren Municipal Code) is hereby amended as follows: "Any person who violates any of the provisions of this ordinance shall be deemed guilty ofa misdemeanor and upon conviction thereof shall be punished by a fine in the amount not exceeding Fift Dona, s ($50.00) One Hundred Dollars (S100.00)." SECTION 3: Emergency Clause. The ability to protect drivers and pedestrians in the city of Van Buren is essential to the public health, safety and welfare, and this goal can be met by enactment 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 0 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 for and o against, the foregoing Ordinance at its meeting held on the 18th day of June 2007. IP.a Robert D. Freem ayor� ATTESTED: Barbie Curtis, City Clerk/Treasurer A' `O t AS TO 8RM: raak N. e dJen_ Jr., .ty•• ttorney