It is the purpose of this chapter to preserve and protect the health, safety, and general welfare of citizens by providing regulations for design and construction of public streets and sidewalks; thereby providing safe, convenient, cost effective transportation systems that are accessible to all users and modes of transportation.

(Ord. No. 5789, Repealed & Replaced Chp. 171, 8-4-15)

(A)

Minimum Street Standards.

(1)

Adoption and Enforcement of Minimum Street Standards. The City Council adopts the Minimum Street Standards, 2020 Edition as recommended by the City Engineer and attached to the enacting ordinance. All technical procedures and design standards contained within the Minimum Street Standards, 2020 Edition shall be enforceable as part of the Unified Development Code through enforcement procedures of Chapter 153 as well as §150.12 Penalty.

(2)

Variances to Minimum Street Standards. When the City Engineer determines that application of the technical procedures or design standards within the Minimum Street Standards would cause undue hardship or unnecessary practical problems for a particular street or sidewalk project, the City Engineer may vary such Minimum Street Standards and may condition such variances by requiring other standards to safeguard the purposes of this chapter and the Minimum Street Standards.

(B)

Designation as Streets or Avenues. All thoroughfares now or hereafter platted, which run in an east and west direction through the corporate limits of the city, shall be designated as "street," and all thoroughfares now or hereafter platted, which run in a north and south direction through the corporate limits of the city, shall be designated as "avenues." This section shall not be construed so as to prohibit the use of such descriptive names as "boulevard," "road," "way," "trail," and the like which might be used indiscriminately as a designation of the thoroughfare, and this section shall in no way be deemed applicable to any alleys or alleyways.

(C)

Retaining Walls Near Sidewalk or Right-of-Way.

(1)

Definition. For purposes of this section, retaining walls are defined as vertical or near vertical walls at least 2.5 feet in height, that require a footing or other structural reinforcement for structural stability.

(2)

City Engineer Approval. The City Engineer may approve retaining walls within rights-of-way where necessary to protect adjacent property, minimize right of way widths, protect sensitive environmental areas, or for other reasons that further the purpose of this chapter.

(3)

Requirements. Retaining walls constructed within rights-of-way shall:

(a)

Be constructed such that footings or other structural reinforcement do not conflict with existing or future storm drainage or utility installations.

(b)

Be of sufficient distance from sidewalks or trails so as to not impede or encroach on the minimum effective width.

(c)

Have adequate safety railings or other precautions to prevent falls.

(d)

Meet any other requirements of the City Engineer to protect the public interest.

(D)

Gated Streets Not Allowed in Most Residential Subdivisions. No residential subdivision or apartment complex shall be constructed with a gate across a street without prior express approval by resolution of the City Council that finds that security considerations favoring a gate outweigh aesthetic considerations and the city's policies in favor of connectivity, openness and neighborliness.

(E)

Taxi Stands. Taxi stand shall mean such portion or portions of the public street or highway designated by the City Council of the City of Fayetteville as a place in which taxis may stand or park.

(1)

No Unattended Parking Allowed. A taxi must remain attended by its driver and ready for service while located within a taxi stand.

(2)

City Council Establishment of Taxi Stands:

(a)

The City Council may establish taxi stands on portions of public streets or facilities or private areas if permitted by the owner.

(b)

The establishment, enlargement, or removal of a taxi stand shall be by City Council resolution after a public hearing. Adjoining property owners within the block of the street or abutting the parking lot in which the taxi stand is proposed shall be notified by mail by the Planning Division and a planning notification sign shall be placed near the taxi stand location two weeks before the public hearing at City Council.

(Ord. No. 845, 5-6-40; Ord. No. 1026, 6-23-52; Ord. No. 1262, 5-8-61; Code 1965, §18-1, 18-2, 18-7; Ord. No. 2623, 4-15-80; Code 1991, §98.01, 98.02, 98.06; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4579, 06-01-04; Ord. No. 4946, 11-21-06; Ord. No. 5789, Repealed & Replaced Chp. 171, 8-4-15; Ord. No. 6350, §1, 8-18-20)

(A)

Streets shall be planned and designed to provide a safe system for present and prospective traffic and shall be approved by the City Engineer.

(B)

Proposed streets shall be planned in such a manner as to provide safe access to proposed lots.

(Code 1965, App. C., Art. IV, §E; Ord. No. 2196, 2-17-76; Code 1991, §159.50; Ord. No. 4100, §2 (Ex. A), 6-16-98; No. Ord. 5789, Repealed & Replaced Chp. 171, 8-4-15)

(Code 1965, App. C., Art. IV, §J; Ord. No. 2935, 8-2-83; Ord. No. 3302, 10-20-87; Code 1991, §159.55; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 5296, 12-15-09; Ord. No. 5789, Repealed & Replaced Chp. 171, 8-4-15)

Adequate and reasonable access for the safe and convenient movement of physically handicapped persons, including those in wheelchairs, across curbs constructed or replaced shall be provided.

(Code 1965, §18-14; Ord. No. 2267, 8-17-76; Code 1991, §98.12; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. 5789, Repealed & Replaced Chp. 171, 8-4-15)

The procedure for closing of streets, public easements, and alleys shall hereafter be as follows:

(A)

Information to City Planning Division. Petitioners shall present to the City Planning Division the following information before processing shall begin:

(1)

Petition. Petition to vacate public easement or right-of-way, including a certified or photostatic copy of the plat on record in the Circuit Clerk's office.

(2)

Documentation of Ownership. Abstractor's certificate of ownership or other acceptable documentation of ownership of the area to be vacated and properties adjacent to the vacated area.

(3)

Utilities Comments. Comments from owners or agents, of all utility companies concerning public easements or rights-of-way to be vacated and its relationship to existing or planned utilities, with recommendations, as to what action should be taken. If a franchise utility company fails to provide comments within a reasonable time, evidence of the petitioner's solicitation of comment may be sufficient for that utility company. This evidence shall be a letter or other correspondence that includes the date of contact and contact information of the utility representative contacted.

(B)

Information to Planning Commission. The above shall be presented by the Planning Division to the Planning Commission for rights-of-way considered for vacation. The Planning Commission shall review and make recommendation to forward to the City Council.

(C)

Information to City Council. The above shall be presented by the Planning Division directly to the City Council for public easements considered for vacation.

(D)

Record with Circuit Clerk. If an ordinance is adopted vacating the public easement or right-of-way, it shall be published and reported in the Circuit Clerk's office.

(Code 1965, §18-15; Ord. No. 1685, 7-7-69; Ord. No. 1898, 1-16-73; Code 1991, §98.13; Ord. No. 3925, §1, 10-3-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 5127, 4-01-08; Ord. No. 5789, Repealed & Replaced Chp. 171, 8-4-15; Ord. No. 6350, §6(Exh. E), 8-18-20)

Any public utility, as defined by state law, which occupies the streets, highways or other public places of the city under a franchise granted by the city or the state shall occupy said streets, highways or other public places in accordance with the requirements of the Minimum Street Standards and subject to the following terms and conditions:

(A)

Written Approval. A public utility shall not erect or place any facility more than 7 feet inside the right-of-way line for any street without the prior written approval of the City Engineer, who shall grant such approval only if he determines that the facility will not impair or obstruct present or future vehicular and pedestrian traffic.

(B)

Relocation. Whenever public utility facilities which are located within a public right-of-way must be relocated in order not to impair or obstruct vehicular or pedestrian traffic on any new or existing street, highway, road, or sidewalk, the public utility shall be required to relocate its facilities within a reasonable time from receipt of written notice from the City, and shall bear its own relocation costs; provided, where any project is funded with federal or state funds and said funds are received by the city for the purpose of reimbursing utility relocation expenses, the utility shall receive such reimbursement. This division shall not be construed as requiring a utility to relocate its facilities within or from a private easement without payment of just compensation.

(C)

City Engineer Approval. All proposed locations and utility designs shall be reviewed and subject to approval by the City Engineer to ensure that the proposed construction will not cause avoidable interference with existing or planned street facilities, or with street operation or maintenance. The procedure for submitting plans and information to the City Engineer for approval shall be developed and agreed upon by each utility and the City Engineer.

(D)

Street Design. When plans for street improvement and development are formulated, utility line locations should be recognized and the street designed so as to minimize conflict with existing utilities.

(Code 1965, §18-17.1; Ord. No. 2850, 8-17-82; Ord. No. 2926, 6-7-83; Ord. No. 3245, 3-3-87; Code 1991, §98.14; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 5789, Repealed & Replaced Chp. 171, 8-4-15)

The city's policies concerning and regarding the maintenance and construction of streets, curbs, gutters, and sidewalks shall be as follows:

(A)

Maintenance. The city shall maintain roadways in the city which have been accepted by the city as city streets, or which have come under the jurisdiction of the city by or through annexation.

(B)

Priorities. The following factors shall be considered in establishing priorities for roadway resurfacing and rebuilding:

(1)

Function. The function of the street, that is, the streets which carry or are expected to carry heavy amounts of traffic shall have priority over lesser streets.

(2)

Condition. The condition of the pavement, in general, roadways which are more deteriorated shall have priority over those streets of lesser deterioration. However those streets of lesser deterioration may have priority when it is determined that the benefits of resurfacing the roadways of lesser deterioration may be greater.

(C)

Sidewalks.

(1)

Repair/Replacement. Existing city sidewalks shall be repaired and replaced by the city, as needed.

(2)

Priorities. In establishing priorities for sidewalk repair or replacement, the factors to be considered shall include, but not be limited to the following:

(a)

The conditions of the sidewalk;

(b)

The expected level of pedestrian traffic; and,

(c)

The use of the sidewalk by school children.

(Code 1965, 18-47; Ord. No. 1725, 1-8-70; Ord. No. 2647, 7-15-80; Ord. No. 2655, 8-5-80; Ord. No. 2724, 5-19-81; Code 1991, §98.15; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 5789, Repealed & Replaced Chp. 171, 8-4-15)

No person shall begin to construct, reconstruct, repair, alter or grade any sidewalk, curb, curb-cut, driveway or street on the public streets, unless the same has been properly ordered by the City Council, or plans for such have been approved by the city as site improvements for a subdivision, or a permit has been issued by the city's official charged with the administration of this chapter.

(Code 1965, §18-25; Ord. No. 1790, 3-15-71; Code No. 1991, §98.61: Ord. No. 4100, §2 (Ex.), 6-16-98; Ord. No. 5789, Repealed & Replaced Chp. 171, 8-4-15)

An applicant for a permit hereunder shall file with the city official an application showing:

(A)

Name and address of the owner, or agent in charge, of the property abutting the proposed work area;

(B)

Name and address of the party doing the work;

(C)

Location of the work area;

(D)

A plan or clear description of the work to be done;

(E)

Such other information as the city official shall find reasonably necessary to the determination of whether a permit should be issued hereunder.

(Code 1965, §18-26; Ord. No. 1790, 3-15-71; Code 1991, §98.62; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 5789, Repealed & Replaced Chp. 171, 8-4-15)

(A)

The City Official shall issue a permit hereunder when he/she finds:

(1)

That the plans have been approved.

(2)

That the work shall be done according to the specifications contained herein.

(3)

That the operation will not unreasonably interfere with vehicular and pedestrian traffic, the demand and necessity for parking spaces, and the means of ingress to and egress from the property affected and adjacent properties.

(4)

That the health, safety, and welfare of the public will not be unreasonably impaired.

(B)

Any permit issued shall expire three (3) months from the date of issue and may be renewed upon application.

(Code 1965, §18-29; Ord. No. 1790, 3-15-71; Code 1991, §98.64; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 5789, Repealed & Replaced Chp. 171, 8-4-15)

(A)

The City Official shall make all necessary inspections before, during and after the construction of all sidewalks, curbing and guttering to insure the work is being done in accordance with the plans and specifications. In the event any or part of any work is not done in a satisfactory manner or not in conformity with the plans and specifications, the City Official shall notify the contractor and owner in writing of his/her nonacceptance of the work. All such rejected work shall be removed and replaced within thirty (30) days of this notification.

(B)

Advance notification must be given the City Official for inspections under this section.

(Code 1965, §18-30; Ord. No. 1790, 3-15-71; Code 1991, §98.65; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 5789, Repealed & Replaced Chp. 171, 8-4-15)

(A)

Requirement. The owner of any property abutting a public street or highway for which a sidewalk is required by the city's Master Street Plan shall construct a sidewalk in accordance with this chapter, along said street or highway upon the receipt of notice issued at the time a building permit is issued.

(1)

The property owner shall construct the sidewalk in accordance with the specifications provided in the Minimum Street Standards.

(2)

The property owner may request a variance to §171.13(A)(1) requiring sidewalk construction. The City Engineer shall review the following factors to determine whether or not to grant the variance to allow payment of a fee in lieu of sidewalk construction:

(a)

Pedestrian traffic generators such as parks and schools in the area.

(b)

The existence of a sidewalk network in the area.

(c)

The density of current and future development in the area.

(d)

The amount of pedestrian traffic likely to be generated by the proposed development.

(e)

Whether the terrain is such that a sidewalk is physically practical and feasible, and the extent to which trees, ground cover and natural areas would be adversely impacted by the construction of the sidewalk.

(f)

The overall need for a sidewalk to be constructed on the lot.

(3)

A project being constructed pursuant to §166.28 Permit-Ready Building Design Program shall have the option to pay a fee in lieu of constructing the sidewalk without receiving a variance.

(4)

If the City Engineer grants the variance, the owner shall have an option to construct the sidewalk, or to contribute money in lieu of construction as set forth below:

(a)

The amount of money in lieu of construction to be dedicated shall be determined based upon the rough proportionality of the impact of the development upon the sidewalk infrastructure needs near the development including consideration of the persons served by the development and approximate pedestrian trip generation rates of the development.

(b)

Unless the developer presents evidence that the number of persons served by the development and the pedestrian trip generation rates of the development justify a reduced contribution in lieu of the construction of sidewalks, all developments shall make a cash contribution in lieu of the construction of the sidewalk in an amount established by the City Engineer and based on current construction costs, as determined by a yearly bid for construction, Arkansas Department of Transportation published weighted averages, or similar data.

(c)

Contribution in lieu of construction of sidewalks shall be paid or construction of the sidewalks shall be completed before receiving final plat approval, or issuance of a certificate of occupancy.

(d)

Contributions must be expended within seven (7) years to build a sidewalk close enough to serve the project being constructed.

(e)

If the owner voluntarily consents in writing, the contributions may be used to construct sidewalk projects where most needed as determined by the City Engineer.

(5)

An owner/builder may appeal the City Engineer's refusal to grant a variance or the administrator's determination of the amount of contribution in lieu of construction to the Planning Commission pursuant to §155.06(D).

(B)

Application of Provisions. The provisions of this section shall only apply to the following property:

(1)

New Structure. On which a new structure is being built.

(2)

Existing Residential Structure. On which an existing residential structure is being modified so as to increase the number of dwelling units located therein or to change the use of the nonresidential use.

(3)

Parking Lot/Garage. On which a parking lot, or parking garage having a minimum capacity of five (5) automobiles is constructed.

(4)

Building Additions. Additions of 2,500 square feet or larger.

(5)

Conditional Use. Any development which requires conditional use approval.

(C)

Exceptions. Sidewalk construction is not required for accessory dwelling units; however, reconstruction or repairs resulting from the construction of the accessory dwelling unit may be required.

(Code 1965, §18-31; Ord. No. 2653, 8-5-80; Ord. No. 2780, 11-17-81; Ord. No. 2917, 5-3-83; Ord. No. 3113, 9-3-85; Code 1991, §98.66; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4311, 5-1-01; Ord. No. 4387, 4-16-02; Ord. No. 5789, Repealed & Replaced Chp. 171, 8-4-15; Ord. No. 6350, §7(Exh. F), 8-18-20; Ord. No. 6724 meeting, §1(Exh. A), 3-19-24; Ord. No. 6870 meeting, §2, 5-6-25)

(A)

Sidewalks.

(1)

Grades; Establishment of Property Lines. All sidewalks, access ramps, and driveway approaches shall be constructed in grades as approved by the City Engineer. It shall be the responsibility of the owner to establish property lines by competent survey at his/her own expense.

(2)

Minimum Width of Sidewalks. The minimum width of sidewalks shall follow the guidelines of the Master Street Plan, of the Comprehensive Land Use Plan. In all cases, the effective width of the sidewalk shall be a minimum of 5 feet. Effective sidewalk width is the actual sidewalk width, less:

(a)

A shy distance of 2 feet where vertical barriers (walls, fences, signs, etc.) greater than 3.5 feet in height are adjacent to the sidewalk and extend more than 4 feet in length parallel to the sidewalk.

(b)

A shy distance of 1.5 feet for curb adjacent to the sidewalk.

(c)

A shy distance of 1 foot for all other fixed obstacles.

The greatest of the above distances shall apply for each side of the walk.

(3)

Sidewalk Distances from the Curb. The sidewalk setback distance from the curb shall follow the guidelines of the Master Street Plan, or be as specified in the final plat unless otherwise approved by the City Engineer.

(4)

ADA Guidelines. Sidewalks within rights of way shall conform to ADA guidelines.

(5)

Sidewalk Elevation. The back of sidewalk elevation shall be such that the slope from the back of sidewalk to the top of curb is 2%, unless otherwise approved by the City Engineer. This elevation shall be continuous through the driveway approach.

(6)

Inspection. All sidewalks and curb cuts made for driveway approaches require an inspection prior to the concrete placement.

(B)

Access Ramps.

(1)

ADA Requirements. Access ramps shall conform to ADA requirements, including detectable warning devices such as truncated domes.

(2)

Sidewalk Intersections. Access ramps shall be installed at all sidewalk intersections with the street.

(3)

Raised Crosswalk. The raised or built-up access ramp shall not be installed on public streets without the approval of the City Engineer.

(4)

Minimum Width. The minimum width of a curb ramp shall be 48 inches.

(5)

Slope. The slope of the ramp shall not be greater than slopes specified in the Minimum Street Standards.

(C)

Reserved.

(D)

Multi-Use Trails.

(1)

Minimum Width of Multi-Use Trails. The minimum width of trails shall follow the trail cross-section guidelines of the Active Transportation Plan.

(2)

ADA Guidelines. Trails shall conform to ADA guidelines, to the extent possible.

(3)

Bollards. Bollards are required at trail intersections with streets.

(4)

Trail Signage. Trail signage shall comply with the Manual on Uniform Traffic Control Devices, Part 9 - Traffic Controls for Bicycle Facilities.

(5)

Street Crosswalks. Trails that intersect and cross public streets shall have a red colored concrete crosswalk with 2-foot wide white thermoplastic stripes on each side, a patterned thermoplastic overly for the full crossing area, or other approved treatment to clearly mark the trail crossing. For major streets, this crosswalk may be raised 2.5 inches above pavement surface.

(6)

Striping. Center line stripe and a diamond pattern stripe around the bollards shall be installed. Striping shall conform to the Manual on Uniform Traffic Control Devices, Part 9 - Traffic Controls for Bicycle Facilities. Additional striping may be required for increased safety in accordance with MUTCD standards.

(Code 1965, §18-28; Ord. No. 1790, 3-15-71; Ord. No. 2629, 5-6-80; Ord. No. 3117, 9-3-85; Code 1991, §98.67; Ord. No. 4005, §1, 11-19-96; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4919, 9-05-06; Ord. No. 5044, 8-07-07; Ord. No. 5270, 9-1-09; Ord. No. 5333, 7-6-10; Ord. No. 5789, Repealed & Replaced Chp. 171, 8-4-15; Ord. No. 6350, §8, 8-18-20)

(A)

Permit Required. It shall be unlawful for any person to make any excavation in any street, alley, sidewalk, road, highway, or other public way in the city without first obtaining a permit to do so from the Mayor, or his/her duly authorized representative. Such permit shall be granted only after written application has been filed and the deposit or bond required by §158.02 has been filed. The fee for each permit shall be paid in advance. Provided, however, that utility companies franchised by the city may be billed monthly for all permits granted during the previous month.

(B)

Lights and Guards. Every person making an excavation as provided for in this chapter shall place and maintain lights and guards around the same for the protection of the public. Such lights and guards shall be subject to the approval of the Mayor.

(C)

Repairs of Public Property; Return of Cash Deposit.

(1)

Cost. Each person making an excavation under this chapter shall repair the street or other public way at his own expense, and under the direction and supervision of the City Engineer or designee.

(2)

Standards. Repair of the street or other public way shall be made in accordance with the requirements of the Minimum Street Standards.

(3)

Notice. The permittee shall notify the City Engineer, prior to beginning such repair, of the time and manner of repair and obtain the approval of the City Engineer prior to beginning of such repair.

(4)

Return of Deposit. When the repairs required by this section are completed and approved, the return of any sum deposited under §171.14 above will be made to the permittee. In the event the permittee shall fail, refuse, or neglect to make such repairs, the city may repair the street and deduct the cost therefrom from the amount on deposit with the city and the balance of the deposit, if any, shall be paid to the permittee.

(D)

Street Closings for Excavations.

(1)

Prohibited Without Approval. It shall be unlawful for any person to cause a street to be closed due to the making of an excavation without the prior written approval of the City. In granting such approval, the City shall impose time limits and such other reasonable conditions as are necessary to minimize any inconvenience or danger to the public.

(2)

Exception. This section shall not apply to emergency repairs.

(Code 1965, §18-40, 18-42, 18-44; Ord. No. 1829, 10-18-71; Ord. No. 2806, 4-20-82; Code 1991, §98.80, 98.82, 98.83, 98.84; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 5789, Repealed & Replaced Chp. 171, 8-4-15)

(A)

Petition to Form Street Improvement District. Any person desiring to initiate the formation of a street improvement district shall file with the City Clerk a petition requesting the organization of a street improvement district and signed by persons claiming to be a majority in value, as shown by the last county assessment, of the owners of real property in the proposed district. Forms of this petition shall be available to any person at the office of the City Clerk, and the City Engineer shall assist in the preparation of said petition by providing a legal description of the property to be included in the proposed district. Such petition may limit the cost of the improvement to either a fixed sum or to a percentage of the assessed value of the real property in the proposed district.

(B)

Notice of Public Hearing. When persons claiming to be a majority in value, as shown by the last county assessment of the owners of real property in a proposed street improvement district file with the City Clerk a petition for the organization of such an improvement district, it shall be the duty of the City Clerk to give notice that such petition will be heard at a meeting of the City Council to be held more than fifteen (15) days after the filing of such petition. Such notice shall be published once a week for two (2) weeks, the last insertion to be not less than seven (7) days before the date fixed for the hearing. The Mayor, if he sees fit, may call a special meeting of the City Council for the purpose of hearing such petition, such called meeting to be held not less than fifteen (15) days after the date of the call and the notice of the hearing thereat to be published for the time and in the manner above stated.

(C)

Hearing on Petition; Ordinance Establishing District.

(1)

At the time named in said notice, the City Council shall meet and hear all owners of real property within the proposed district who desire to be heard on the question of whether a majority in assessed value of property owners has signed the petition, and shall make a finding of whether the petition is signed by a majority in assessed value of such property owners. The finding of the governing body shall be expressed in an ordinance. If it finds that a majority has signed the petition, it shall then be its duty by the same ordinance to establish the district. The ordinance shall designate the boundaries of the district and shall also give the district a name descriptive of the nature of the proposed improvement and a number to prevent it from being confused with similar districts.

(2)

The ordinance shall be published within thirty (30) days after its adoption for one insertion in some newspaper published in the city and the findings of the governing body shall be conclusive unless attached by a suit in the Chancery Court brought within thirty (30) days after such publication.

(D)

Appointment of Board of Improvement. In the ordinance creating the district, the City Council shall appoint three (3) owners of real property therein as commissioners, who shall compose a Board of Improvement for the district. Such Board of Improvement shall have control of the construction of the improvements in the district.

(E)

Plans for Improvement. Immediately after their qualification, the Board of Improvement shall form plans for the improvement as prayed in the petition, and shall procure estimates of the costs thereof. For this purpose, the Board may employ such engineers and other agents as may be needful, and may provide for their compensation which, with all other necessary expenditures, shall be taken as a part of the cost of the improvement. If for any cause the improvement shall not be made, said cost shall be raised and paid by an ad valorem tax upon the real property in the district as assessed for state and county purposes, which shall be levied by the City Council on the application of any person interested, and shall be paid to the Board of Improvement, to be distributed amongst the creditors of the district.

(F)

Appointment of Board of Assessment. As soon as the Board of Improvement shall have formed said plan, and shall have ascertained the cost of the improvement, it shall report the same to the City Council who shall appoint three (3) electors of the city, who shall constitute a Board of Assessment of the benefits to be received by each lot or block, or other subdivision of land within said district, by reason of said proposed improvement.

(G)

Assessment of Benefits. The Board of Assessment shall at once proceed to inscribe in a book to be used for the purpose of description of each of said lots, blocks, or parcels of land and shall assess the value of the benefit to accrue to each of said lots, blocks, or parcels of land by reason of such improvement, which assessment of said benefits they shall enter upon said book opposite the description thereof; and they shall then subscribe said assessment and deposit it in the office of the City Clerk, where it shall be kept and preserved as a public record. Provided, said assessment may be annually readjusted according to additional improvements placed upon the lands, when a succession of collections is necessary to pay for the improvements.

(H)

Notice of Filing of Assessment. Immediately on the filing of said assessments, the City Clerk shall insert in some newspaper published in the city, the following notice:

"The assessment of Street Improvement District No. _____ , was filed in my office on the _____ day of _______ , _____ , and the same is now subject to inspection.

________________________________
Clerk of the City of Fayetteville, Arkansas."

(I)

Appeal of Assessments to City Council. Anyone whose real estate is embraced in said assessment may at any time within ten(10) days from the giving of said notice, file with the City Clerk in writing his/her notice of appeal from the action of said Board of Assessment in making said assessment of his/her property, which appeal shall be heard and disposed of at the next regular meeting of the City Council, and on such appeal the matter shall be heard de novo on such evidence as may be adduced on either side.

(J)

Finding of City Council. The City Council shall enter on its minutes the results of its finding on any such appeal, and shall cause a copy of its finding to be certified to said Board of Assessment, which shall make its assessment conform thereto if any change has been made therein by said City Council.

(K)

Assessments Payable in Annual Installments. It shall be provided by ordinance that the local assessment of benefits shall be paid in successive annual installments so that the tax levied in any one (1) year shall not exceed 25% of the assessed benefits accruing to real property.

(L)

Publication of Ordinance. Within thirty (30) days after the passage of the ordinance mentioned in subsection (C) above, the City Clerk shall publish a copy of it in some newspaper published and having a bona fide circulation in the city for one time. Within thirty (30) days after such publication the district, or any property owner may bring suit in Chancery Court for the purpose of correcting or invalidating such assessment; but if such suit is not brought within the time, all objections to the creation of the district for the validity of the assessment shall be forever barred and precluded.

(M)

Copy of Assessment Delivered to Collector. Within forty (40) days after the passage of the ordinance mentioned in (C) above, unless the time be extended by the City Council, the City Clerk shall deliver to the County Collector a certified copy of said assessment of benefits containing a description of said blocks, lots, and parcels of land in said district, and the amount assessed on each, duly extended against each lot, block, or parcel of land, and a certified copy of the ordinance fixing the per centum to be collected each year. At the same time the City Clerk delivers to the County Collector a certified copy of the assessment of benefits, and the certified copy of the ordinance fixing the per centum to be collected, he/she shall deliver like said copies to the County Clerk.

(N)

Annual Financial Report Required. The Commissioners of each street improvement district shall file an annual financial report with the City Clerk on or before the first day of March of each year, covering the financial affairs of their respective districts for the preceding year. Such financial statements shall be certified and filed as herein provided by the Chief Financial Officer of each such improvement district.

(Code 1965, §§18.18, 18.19—18.22, 18-22.1—18-22.9; Ord. No. 2051, 9-17-74; Code 1991, §98.30, §98.43; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 5789, Repealed & Replaced Chp. 171, 8-4-15)

(Ord. No. 5789, Repealed & Replaced Chp. 171, 8-4-15)