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AN ORDINANCE TO CREATE AND ESTABLISH A CITY PLANNING COMMISSION OF THE CITY OF JONESBORO, ARKANSAS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES.
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BE IT ORDAINED by the City Council of the City of Jonesboro, Arkansas:
SECTION 1. Pursuant to the provisions of Act 108 of the Acts of Arkansas for 1929, as amended by Act 295 of the Acts of Arkansas for 1937, there is hereby created a City Planning Commission for the City of Jonesboro, Arkansas, to consist of nine (9) members, and at least two-thirds of said Commission shall not hold any executive or appointive municipal office. The members of the City Planning Commission shall be nominated by the Mayor and confirmed by the City Council.
SECTION 2. The members of said City Planning Commission shall each be appointed for a term of three (3) years, commencing with anniversary date of said appointment, provided that the members of said Commission first appointed on the enactment of this ordinance; three members shall be appointed initially for a term of one year, three members shall be appointed initially for a term of two years, and three members shall be appointed initially for a term of three years. When the term of any member shall expire or when a vacancy shall otherwise occur, the Mayor shall make a nomination to fill such vacancy.
SECTION 3. At a time and place to be designated by the Mayor which shall be within ten days after the effective date of this ordinance, the City Planning Commission shall meet and organize by electing from its members a chairman, a vice-chairman, and a secretary. The chairman shall not hold any other municipal office or appointment.
The City Planning Commission shall make and adopt such rules and regulations to govern its proceedings, which shall provide for a regular meeting date of said Commission at least once monthly and ofterner if prescribed by the Commission, and such rules and regulations shall provide for such committees within the Commission as may be found necessary and advisable, and the duties of such committees shall be prescribed by the Commission. No committee may exercise duties delegated by the Acts of the State of Arkansas and this Ordinance that are organic to the Commission.
Such rules and regulations may also provide for special meetings and the manner of their calling.
SECTION 4. The City Planning Commission is hereby authorized to employ such assistance, (staff, consultants, etc.) as deemed necessary in carrying out its duties and responsibilities. The City Planning Commission cannot expend or encumber city funds without prior appropriation by the City Council.
SECTION 5. The City Planning Commission as hereby created is vested with all of the powers and duties prescribed and set forth in said Act 108 of 1929, as amended by said Act 295 of 1937, and particularly shall make a comprehensive study of present conditions and future growth of the City of Jonesboro and its neighboring and/or adjacent territory, for the purpose of planning a coordinated, adjusted and harmonious development of the municipality and its environs which would promote, in accordance with present and future needs, the safety, morals, order, convenience, prosperity, and general welfare of its citizens; efficiency and economy in the process of development, convenience of traffic; safety from fire and other dangers; adequate light and air; healthful and convenient distribution of population; provision of adequate open spaces; good civic design and arrangement; wise and efficient expenditure of public funds; adequate provision for public utilities; and for other matters pertaining to the public requirements.
SECTION 6. The City Planning Commission shall formulate and maintain a plan of the territory within its planning jurisdiction in accordance with said Act 108 of 1929 as amended by Act 295 of 1937, which plan shall at least embrace the subjects prescribed in said Acts and which shall be adopted by the Commission by resolution after public hearing and notice as provided in said Acts.
When the City Planning Commission shall have approved any such plan or plans, the same shall be certified to the City Council and shall be filed in the office of the City Clerk and in the office of the Circuit Clerk of Craighead County.
The City Council of the City of Jonesboro, on receipt of a certified copy of a plan or plans, may accept, amend, modify or reject the plan or plans in whole or part. On acceptance of a plan or plans by the City Council of the City of Jonesboro they shall be and become in full force and effect binding upon all persons with the force of law.
Whenever a plan has been adopted by the City Planning Commission, filed for record and accepted by the City Council, the same shall not be changed, altered or amended except by the procedure required by said Act 108 of 1929 as amended by said Act 295 of 1937 for the adopting of a plan as specified above.
Whenever a plan or plans have been so adopted, filed and become effective, no new street, square, park or other public way, ground or open space or any public building or structure or public utility, whether publicly or privately owned, shall be constructed or authorized to be constructed in any section or district of the planning jurisdiction embraced within a plan or plans until the location, character, and extent thereof shall have been submitted to the City Planning Commission in the manner prescribed in said Act 108 of 1929, as amended by said Act 295 of 1937.
SECTION 7. After a master street plan is adopted and filed as provided herein, the City Planning Commission shall prepare and administer rules governing the subdivision of land within its jurisdiction in accordance with said Act 108 of 1929 as amended by Act 295 of 1937.
SECTION 8. The City Planning Commission shall have the authority to cooperate with official and unofficial planning bodies for the purpose of coordinating the preparation of plans for the City of Jonesboro and the adjacent territory.
SECTION 9. All ordinances and parts of ordinances in conflict herewith are hereby repealed, and the provisions of this ordinance shall be deemed to be separable, so that, if any portion thereof be invalid and such invalid portions may be severed from the remaining portions, such remaining portions, if otherwise valid, shall continue in full force and effect.
SECTION 10. Emergency clause. Whereas the rapid growth in population and area of the City of Jonesboro, Arkansas, has created the necessity for some basis plan to coordinate and facilitate the proper growth and development of the City of Jonesboro; and whereas, it is necessary to lesson congestion in the streets; to secure safety from fire, panic, and other danger; and to provide adequate light and air; and to prevent the over-crowding of land; and to conserve the value of buildings and lands; and this ordinance being necessary for the preservation of the public health, safety and welfare, an emergency is hereby declared to exist, and this ordinance shall take effect and be in full force and effect from and after its passage and approval.
Approved this 17th day of January, 1955.