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AN ORDINANCE TO CONTROL ENTRY TO A CERTAIN ROAD ON THE SOUTH SIDE OF THE 400 BLOCK OF EAST LAWSON, GENERALLY LOCATED ACROSS FROM WILDERNESS RUN
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WHEREAS, approval was granted in the summer of 2000 for the opening of a street in a certain fifty foot (50') Right-of-Way on the south side of East Lawson Road, originally named Karen Circle and dedicated as part of the Dacus-Oakwood Addition to the City of Jonesboro; and
WHEREAS, said approval was conditioned upon that portion of the street in the city limits being engineered, designed and constructed in accordance with City standards, with use permitted only after proper construction and formal City acceptance; and
WHEREAS, the City Planner and the City Engineer have determined that insufficient effort and progress is being made toward meeting said conditions for use; and
WHEREAS, in an effort to insure that said conditions are met, the City Council, upon recommendation of the planning commission, may exercise its statutory authority under Arkansas law to control road entry; and
WHEREAS, with the Metropolitan Area Planning Commission having now made such a recommendation, it is the desire of the City Council that a compliance schedule for completion be prescribed, and access off East Lawson to the unincorporated area to the south be denied if stated conditions are not met;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Jonesboro, Arkansas:
SECTION 1: That use of the fifty foot (50') Right-of-Way on the south side of the 400 block of East Lawson Road, originally named Karen Circle and dedicated as part of the Dacus-Oakwood Addition to the City of Jonesboro, to access unincorporated areas, shall be contingent upon compliance with the conditions stated herein. Absent such compliance, use shall be prohibited.
(A) Engineering plans and a cost estimate, for that portion in the corporate limits, shall be submitted within thirty (30) days of the passage of this ordinance. Said plans and estimate shall be prepared by a registered, professional engineer licensed to practice in the State of Arkansas.
(B) An irrevocable letter of credit, made payable exclusively to the City of Jonesboro, Arkansas, in an amount determined sufficient by the City Engineer to cover all costs associated with constructing that portion of the street to City standards, shall be submitted to the City Clerk within forty-five (45) days of the passage of this ordinance.
(C) Construction shall be completed no later than August 1, 2001.
SECTION 2: That the City Engineer, upon finding that the compliance schedule and conditions prescribed in A, B, and/or C above are not being adhered to, shall notify the Street Manager who shall, within three (3) days thereafter, cause proper barricades and signage to placed thereby prohibiting use of the said Right-of-Way to access the unincorporated area.
SECTION 3: That the City Clerk shall cause a duly certified copy of this ordinance to be filed in the Craighead County Circuit Clerks Office.
SECTION 4: Emergency Clause. It is hereby found and determined that usage of said unimproved Right-of-Way creates certain nuisances, and that this ordinance should have immediate effect to minimize and prevent nuisances associated therewith. Therefore an emergency is declared to exist, and this ordinance being necessary for the immediate preservation of the public peace, health and safety shall become effective on the date of its passage and approval.
PASSED AND APPROVED this 2nd day of April, 2001.