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RES NO 10-01-2022 4 t CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. 10 - 01 -2022 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN,ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION ACCEPTING THE PLANNING COMMISSION'S RECOMMENDATION FOR THE ANNUAL SIDEWALK PROGRAM AS FUNDED BY THE SIDEWALK CONSTRUCTION AND MAINTENANCE FUND WHEREAS, a Sidewalk Construction and Maintenance Fund was established with Ordinance 5- 1997 for the purpose of collecting funds for sidewalks and establishing procedures for the administration of those funds; and WHEREAS, the purpose of Ordinance 5-1997 is for constriction 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; and WHEREAS, the Planning Commission held a public hearing on October 4, 2022,to receive input from the public and prepare a recommendation where sidewalks need to be built. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The City Council accepts the Planning Commission's recommendation for the sidewallc program as funded by the Sidewallc Construction and Maintenance Fund for the next year. The recommendation and priorities are shown on Exhibit A to this Resolution. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council, did pass, approve, and adopt,by a vote of 5 for and U against, the foregoing Resolution at its regular meeting held on the 24th day of October 20224hJos . Hurst Mayor ATTESTED: APP7ttomey FORM: Y P yllis Thomas Jaco City Clerk/Treasurer \� ZrhibitA Cit y of Van Buren, Municipal 111 North 12"' Street o Van Buren, Arkansas 72956 'BAN BUREN CITY COUNCIL MEMORANDUM TO: MAYOR JOE HURST AND CITY COUNCIL FROM: WALLY BAILEY,PLANNING DIRECTOR SUBJECT: SIDEWALK FUND—ORDINANCE 5-1997 DATE: OCTOBER 12,2022 The Planning Commission held a public hearing on October 4,2022,for the purpose of taking public eommeiits and making a recommendation with regard to sidewalk projects funded by the sidewall{construction Eind maintenance-fiend which was establisbeFd by'Ordinance-5-1997. The purpose of Ordinance 5-1997 is for construction and maintenance of sidewalks for the safe conveyance of pedestrian traffic,primarily,but not limited to; sidewalks afound the schools and along streets def ned as collector and arterial streets on the master street plan. After.discussion at the public hearing,the Planning Commission recommendations are as follows: 1. Complete the Van Buren School District's 2021 request for the construction of sidewalks in the vicinity of Butterfield,King,Blalcemote Field and Central Elementary. There are several areas of sidewalk that need installation,repair,or replacement. 2. As funds are available the City should construct sidewalks along South 40"'Street from Old Rouw Rd to Kibler Rd.This is an Arterial Rd on the Master Street Plan with several residential subdivisions fronting the road. 3. As funds are available the City should construct sidewalks along North 11"'Street, particularly along the.City's parldgolf course frontage. The City Clerk/Treasurer reports that the amount collected from August 2021 through August 2022 is$25,802.39. The balance in the account as of August 31,2022,is$124,561.23. I have attached a copy of Ordinance 54997. Let me know if you have any questions. ----------------- .:.-"�: �'-;,�' .., .,sue:"•-F�'i-+€s�-r..zrmse:�r"^ 5j- ,Z. 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R _ i'� •"� - O x , Y_ _g t '; f ,X � z. �; a Y{ .t f F•. � '� x...+rt: � 3 "'"j-: 'Y� "fix. f ��� '� � ", �,tril n >�� t ` t ' CITY-Of, VAN BUREN,ARKANSAS ORDINAINCE PI0. .<'4997 lF AN ORDINANCE TO ESTAB-LTSI-I A.SIDEVIYUK CONSTRUCTION JA ND NJA.iNTENANCB FU11I1); ADOPTING SIDE�IIALI-STAiNDAP.DS; t1DOPT.ING A i-MASTER SIDDEWALI<iTvW; PROVIDIITG FOR P ROCEDDRES OF,PUBLIC HEAMGS AIND IMBLIC PTPUT FOR THE AANNUAL CONSTRUCTION :PR.OGI I;A3,I1)TO ESTABLISH FOR FUNDING OF THE SIDE,INALK P•ROGItANL t PURPOSE; FOR.CONSTRtJMON AND MAI1i TTENANCR OF SIDEWALKS FOR. TBE SI E CMT lVEYANCE OF PEDESTRIAN TRAFFIC,C,PRITWTULY, G BUT NOT LIMITED TO, SIDEWALKS.ARDU`TD SCHOOLS AND ALONG STREETS DEFIATED AS COLLECTOR AND ARTERIAL STREETS ON THE MASTER STREET PLAN'. II t S, The City Council of Van Buren has recognized the need to protect the:safety of pedestrians;and, WINE R EA8, There is not a city wide program for the construction and waintenance of ri sidewalks;and WHERE,AS, Notice of public hearing has been published in the newspaper as required by law; and WEE,REEAS, A public hearing was held before the Planning Commission on the 4th day of March,1997;and 'WHERE,AS, The Planning Commission recommended the Sidewalk Construotion and Maintenance Program to the City Council; i ,NOW,THERE,FORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARIUNSAS: lE1CTION 1: ESTABLISHMENT OF SIDEWAIX 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. s ' B. The Master Street Map is hereby adopted to serve as the Master is Sidewalk Map for planning and development of sidewalks. C. The Planning Commission shall hold a.Public Hearing in October t + a - of each year in order to receive input from the public,to plan whore. sidewalks treed to the built,using the master sidevvallc map and statement of purpose to develop the annual sidewalk program. Following the public hearing,-the Planning Cor7.mission sla<111.lake those comments and along n with ilae fiscal constraints, recoanmend a sidewalk program for the coming year to the City Council. Construction standards as provifled by the City of Van Buren Building Department, are hereby adopted as the standard for ooilstruction of t sidewalks is Van Buren. E. The sidewalk funds will not be used as supplemental funds to-the WiIdening of an existing street nor the building of a neiv street. ,Sidewalk-, built as a result of a street improvenrent project-shall riot use sidewalk .construction and maintenance funds. F. Each and every expenditure of funds shall be approved by the City Council prior to the comn3enceinent:of construction. �Y SECTION 2: SAVING CLAUSE: i 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 ca;ases of action accnied or existing,Linder any y} act or ordinance repealed hereby. Dior shall any right or remedy of any character be lost,impaired or affected by this ordinance. i h i,SEC OIN 3; SEVERABILITY: The invalidity of any section or provision of this ordinance hereby adopted shall not invalidate other sections or provisions thereof, f,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 APPROVE D THAS 17TH DAY OF JYJARCH , 19 97 T`I ESTED: i I Y'IftERK TREASURER r t