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AN ORDINANCE TO PROVIDE FOR THE PLANNING, DESIGNING, LOCATION, FINANCING, ACQUISITION OF PROPERTY FOR CONSTRUCTION, EQUIPMENT, USE, MAINTENANCE AND OPERATION AND FOSTERING OF OFF-STREET PARKING FACILITIES, CREATING A MUNICIPAL PARKING AUTHORITY, PROVIDING THE TERMS OF OFFICE THEREOF, AND FOR OTHER PURPOSES.
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BE IT ORDAINED by the City Council of the City of Jonesboro, Arkansas:
SECTION 1. Declaration of Policy - The City Council hereby determines and declares that excessive curb parking of motor vehicles on roads and streets within the City of Jonesboro and the lack of adequate off-street parking facilities create congestion, obstruct the free circulation of traffic, diminishes property values, and endangers the health, safety and general welfare of the citizens of Jonesboro; that the provision of conveniently located off-street parking facilities are therefore necessary to alleviate such conditions.
SECTION 2. Definition of Parking Facilities - For the purposes of this ordinance, public off-street automobile parking facilities are defined as accommodations provided by public authority for the parking of automobiles off the street or highway, and open to public use with or without charge.
Parking Facilities may consist of lots, garages, or other structures and accessories; they may be surface facilities or facilities above or below the ground.
SECTION 3. Creation of Parking Authority - There is hereby created a Jonesboro Parking Authority for the purpose of establishing public off-street automobile parking facilities. The Parking Authority shall consist of five (5) members and shall be appointed by the Mayor and approved by the City Council. Said members shall be qualified electors residing within the City and cannot hold any elective office of the City, County or State. The members of the Authority shall be appointed for periods of 1, 2, 3, 4 and 5 years, respectively, so that the term of one member shall expire each year after the creation of this Authority. Upon the termination of office of each member his successor shall be appointed for a term of five (5) years and shall serve until his successor shall have been appointed and qualified. The members of the Authority shall receive no compensation for their services.
SECTION 4. Authority to Establish Parking Facilities - The parking authority shall have the duties and powers set out in this ordinance only after the approving vote of a majority of the members elected to the City Council, unless a larger number is specifically required. The Authority acting alone or in cooperation with other parking authorities or with any federal or state agency, is hereby authorized to plan, design, locate, finance, acquire and own property, construct, alter, enlarge, use, maintain, operate and lease off-street automobile parking facilities wherever and to the extent that such facilities are deemed necessary within the City of Jonesboro, provided, however, that the sale, storage or dispensing of any product used in or for the serving of motor vehicles shall not be permitted on or in connection with parking facilities.
SECTION 5. Planning for Parking Facilities - The Parking Authority after a thorough investigation of the parking problems within the City of Jonesboro, shall formulate for public presentation to the City Council, a master plan for automobile parking facilities as a guide for the future provision of parking facilities, properly integrated with present and proposed parking facilities, subject to altercation as necessary. A program of construction and method of financing shall likewise be formulated and recommended. All actions contemplated in this section shall be approved by a majority of the elected membership of the City Council.
SECTION 6. Design of Parking Facilities - The Parking Authority is hereby authorized to so design and recommend and located any off-street automobile parking facilities as to best serve the public purpose for which such facilities are intended. Such facilities may consist of lots, improved or unimproved; single or multi-level garages; other structures and accessories.
SECTION 7. Financing of Parking Facilities - After the master plan of automobile parking facilities has been prepared by the Authority, and approved by a majority vote of the City Council, parking facilities may be financed by the issuance of revenue bonds in accordance with the authority vested by Act No. 468, 1949 Acts of Arkansas.
SECTION 8. Acquisition of Property and Property Rights - For the purpose of this ordinance the Parking Authority is hereby authorized to acquire private or public, real or personal property and property rights, above, at or below the surface of the earth necessary for off-street automobile parking facilities by purchase, eminent domain, gift, lease or otherwise. If fee title is acquired same shall be in the City of Jonesboro. Provided, however, the acquisition of all property must be first approved by two-thirds of the members elected to the City Council, and ten (10) days notice in writing is given to the owners of any property to be condemned, before approval or disapproval is voted upon by the City Council.
SECTION 9. Construction of Parking Facilities - The Parking Authority is hereby authorized to construct or cause to be constructed public off-street automobile parking facilities above, at or below the surface of the earth, including buildings, structures, equipment, entrances, exits, fencing and other accessories necessary for the safety or convenience of persons using the facilities. The contracts for any of the above are to be awarded to the lowest responsible bidder in the same manner as contracts are now authorized by law. Contracts for the construction of all parking facilities are to be by the City Council.
SECTION 10. Records and Reporting - The Parking Authority shall maintain proper accounting and financial records of all transactions and provide and file a semi-annual financial statement with the City Clerk. Said report and statement filed with the City Clerk shall be open to inspection by any interested citizen during regular office hours of the City Clerk. Said statement shall list an itemized account of all monies and pro-all sources. Said statement shall also list an account of all properties leased, sub-leased or otherwise let to other parties by said Parking Authority as well as an itemized account of all monies and chattels disbursed by Parking Authority for any purposes whatsoever.
SECTION 11. Severability - If any section, provision, or paragraph of this ordinance shall be declared invalid such invalidity shall not be construed to affect the portions not so affected, and all ordinances and parts of ordinances in conflict herewith are hereby repealed.
SECTION 12. Emergency - It being found that excessive curb parking of motor vehicles on roads and streets within the City of Jonesboro and the lack of adequate off-street parking facilities create congestion, obstruct the free circulation of traffic, diminishes property values and endangers the health, safety and general welfare of the citizens of the City of Jonesboro; it is, therefore, declared that an emergency exists, that this ordinance is necessary for the immediate preservation of the public peace, health and safety, and that this ordinance shall take effect and be in force from and after its passage.
PASSED and ADOPTED this 8th day of August, 1952.