114552003015311
• 88:57:31 RK
Filed
Filed worded in
Off ici ecords of
CAROLYN STNLEY
PULASKI COUNTY
11 455 CIRCUIT /COUNTY CLERK
1 RESOLUTION NO. Fees $14.80
2
3
4 A RESOLUTION AUTHORIZING THE PUBLIC WORKS
5 DEPARTMENT OF THE CITY OF LITTLE ROCK TO
6 ERECT A PERMANENT BARRIER ON WINGATE DRIVE
7 AT ITS INTERSECTION WITH MARKHAM STREET TO
8 PREVENT THROUGH TRAFFIC ONTO MARKHAM
9 STREET FROM WINGATE DRIVE; RETAINING THE
10 PUBLIC RIGHT -OF -WAY OF WINGATE DRIVE FOR
11 EMERGENCY INGRESS AND EGRESS; AND FOR OTHER
12 PURPOSES.
13
14 Whereas, a petition was filed with the City Clerk to abandon approximately
15 twenty-five (25) feet of Wingate Drive lying North of Markham Street following
16 complaints by residents of Wingate Drive that the street was being used as a "cut
17 through" by traffic between Mississippi and Markham Streets; and
18 Whereas, the residents have complained that the "cut through" traffic creates a
19 hazardous and dangerous condition for those persons living on Wingate Drive; and
20 Whereas, the Public works Department erected a temporary barrier at this
21 location in early April 2002, and since then the complaints have substantially reduced;
22 and
23 Whereas, City staff initially recommended approval of the abandonment of the
24 right -of -way as filed; however, upon further review, staff recommends against
ao °caaonaa0000
25 abandoning the street right -of -way in favor of retaining the r°igRt -df -way Hof' Wingate
[PAGE IOF 31
Resolution Approving Permanent Barrier at Wingate Drive
And West Markham
1 Drive and erecting a permanent barrier to prevent public ingress and egress from
2 Wingate Drive onto West Markham Street; and
3 Whereas, the Little Rock Fire Department supports the City's retaining public
4 right -of -way and the erection of a permanent barrier with a gate and locking system
5 sufficient to allow emergency ingress and egress through the barrier; and
6 Whereas, the Board of Directors has determined that retaining the public right-
7 of -way in Wingate Street and erecting a permanent barrier to prevent public vehicular
8 ingress and egress onto West Markham Street, subject to ingress and egress through the
9 barrier by emergency vehicles and services, is in the best interest of the public health,
10 safety and welfare of the citizens of the City.
11 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
12 DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS:
13 Section 1. The Public Works Department of the City of Little Rock is authorized
14 to use City funds to erect a permanent barrier, as deemed necessary by the City, to
15 prevent public through traffic from Wingate Drive onto West Markham Street and vice
16 versa.
17 Section 2. Such permanent barrier shall contain, among other features
18 deemed appropriate by City staff, a gate and locking system sufficient to enable
19 emergency ingress and egress through the barrier.
20 Section 3. Funds are available in Account No.
21 Section 4. Severability. In the event any portion of this resolution is declared or
22 adjudged to be invalid or unconstitutional, such declaration or adjudication shall not
23 affect the remaining portions of this resolution, which shall remain in full force and
24 effect as if the portion so declared or adjudged invalid or unconstitutional was not
25 originally a part of this resolution.
26
[PAGE 2 OF 31
Resolution Approving Permanent Barrier at Wingate Drive
And West Markham
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E
Section 5. Repealer. All ordinances and resolutions, and parts thereof, which
are in conflict with any provision of this resolution are hereby repealed to the extent of
such conflict.
ADOPTED: FEBRUARY 4, 2003
ATTEST: APPROVED:
1
N aky Wo d, City Clerk
10 APPROVED AS TO LEGAL FORM:
11
12 yV �Leya.a� C�Mos�
13 Thomas M. Carpenter, City Wttorney
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[PAGE 3 OF 31
Resolution Approving Permanent Barrier at Wingate Drive
And West Markham
Ji ailey, Mayor