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17961016 1 ORDINANCE NO. 17,961 2 3 AN ORDINANCE TO PROVIDE TEMPORARY RELIEF 4 FROM CERTAIN PROVISIONS OF CHAPTER 30 OF THE s LITTLE ROCK, ARK., REV. CODE (1988) TO AREAS 6 DAMAGED BY THE JANUARY 21, 1999 TORNADO; TO 7 DECLARE AN EMERGENCY; AND FOR OTHER 8 PURPOSES. 9 10 WHEREAS, the January 21, 1999, tornado caused massive destruction and devastation 11 to homes and businesses within the City of Little Rock, and particularly in the downtown 12 neighborhoods of the City, and 13 WHEREAS, certain codes of the City require property owners to provide sidewalk, 14 curb and gutter, and other maintenance assistance to the right of way that fronts their property, 16 and 16 WHEREAS, the City also has to fulfill and meet certain requirements for passageways 17 pursuant to the Americans with Disabilities Act, and 18 WHEREAS, typically the City would strictly enforce all of these code provisions, but in 19 this emergency situation for a temporary period of time while reconstruction and repair occurs 20 within these devastated areas these demands are not in the best interests of the City and could 21 lead to the delay of the recovery process, 22 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF 23 THE CITY OF LITTLE ROCK, ARKANSAS: 24 Section 1. Section 30 -36(a) of Chapter 30 of the Little Rock, Ark., Rev. Code (1988) 26 is hereby amended to read as follows: 26 Section 30 -36(a) requiring owners of property which abuts any 27 street right -of -way to be responsible for the maintenance of 28 sidewalk, curb and gutter along frontage shall be deferred for the 29 area described in attached Exhibits B -1 and B -2, while this area 30 recovers and makes repairs to property damaged as a result of the 31 January 21, 1999, tornado. This deferral shall expire upon - 1 - 1 notification by the Board of Directors that repairs to structures 2 within this area are completed. 3 Section 2. Severability. In the event any title, subtitle, section, subsection, 4 subdivision, paragraph, subparagraph, item, sentence, clause, phrase, or word of this ordinance 6 is declared to adjudged to be invalid or unconstitutional, such declaration or adjudication shall 6 not affect the remaining portions of this ordinance which shall remain in full force and effect as 7 if the portion so declared or adjudged invalid or unconstitutional was not originally a part of this 6 ordinance. 9 Section 3. Repealer. All ordinances, resolutions, or regulations, or any parts of 10 such documents, which are inconsistent with the provisions of this ordinance are hereby 11 repealed to the extent of such inconsistency. 12 Section 4. Emergency. The January 21, 1999, tornado devastated portions of the 13 downtown area and did extensive damage to the properties listed on Exhibits B -1 and B -2. This 14 damage presents a public health and safety hazard and the immediate repair of these 15 structures is essential to protect the public health, safety and welfare. The Board of Directors 16 believes that this repair will be delayed if the present Code requirements for sidewalk, curb and 17 gutter maintenance by property owners is not deferred. An emergency is, therefore, declared 18 to exist and this ordinance shall be in full force and effect from and after the date of its passage. 19 PASSED: March 16, 1999 20 ATTEST: APPROVED: 21 22 23 Robbie Hancock, City Clerk Jim D e rilayor 24 APPROVED AS TO LEGAL FORM: 26 26 27 Thomas M. Carpenter, CityAttorney 26 29 30 31 32 -2- 'Oils Legal Description of Area 1 as described by Exhibit 131 Beginninx at the intersection of Dr. Martin Luther King Jr. Dr. & W.34`h St., thence East on W.34 St. to its intersection with S.Cross St., thence North on S.Cross St. to its intersection with W.33'd St., thence East on W.33`d St. to its intersection with Fulton St., thence North on Fulton St. to its intersection with W.32 "d St., thence East on W.32nd St. to its intersection with Gaines St., thence North on Gaines St. to its intersection with W.29`h St., thence East on W.29 h St. to its intersection with S.Arch St., thence North on S.Arch St. to its intersection with W.26 h St., thence East on W.26 h St. to its intersection with Spring St., thence North on Spring St. to its intersection with W.Roosevelt Rd., thence East on W.Roosevelt Rd. to its intersection with Louisiana St., thence North on Louisiana St. to its intersection with W.24`h St., thence East on W.24'h St. to its intersection with Scott St., thence North on Scott St. to its intersection with E.22 "d St., thence East on E.22 "6 St. to its intersection with Commerce St., thence North on Commerce St, to its intersection with E.1801 St., thence East on E.18'h St. to its intersection with Bragg St., thence North on Bragg St. to its intersection with E.17`h St., thence East on E.17'h St. to its intersection with Colle�e St., thence North on College St. to its intersection with E. 14th St., thence East on E.14 St. to its intersection with Hanger St., thence North on Hanger St. to its intersection with E.9 'h St., thence East on E.9 `h St. to its intersection with Thomas St., thence North on Thomas St. to its intersection with E.6'h St., thence East on E.6'h St. to its intersection with Pepper Ave., thence North on Pepper Ave. to its intersection with E.3 rd St., thence East on E.3`d St. to its intersection with Bond St., thence North on Bond St. to a projected point on the South bank of the Arkansas River; thence meander westerly along the South bank of the Arkansas River to its intersection with the C.R.I. & P. Railroad, thence South along the C.R.I. & P. Railroad to its intersection with E.4'h St., thence West on EA h St. to its intersection with Byrd St., thence South on Byrd St, to its intersection with E.Capitol Ave., thence West on E.Capitol Ave. to its intersection with Collins St., thence South on Collins St. to its intersection with E.6`h St., thence West on E.6`h St. to its intersection with Ferry St., thence South on Ferry St. to its intersection with E. 9'h St., thence East on E.9'h St. to its intersection with Rock St., thence South on Rock St. to its intersection with E.11'h St., thence West on E.11'h St. to its intersection with Scott St., thence South on Scott St. to its intersection with E.13 h St., thence West on E.IP St. to its intersection with Louisiana St., thence South on Louisiana St. to its intersection with W.15'h St., thence West on W.15th St. to its intersection with Spring St., thence South on Spring St. to its intersection with W.17'h St., thence West on W.17`h St. to its intersection with S.Arch St., thence South on S.Arch St. to its intersection with Wright Ave., thence West on Wright Ave. to its intersection with S.Izard St., thence South on S.Izard St. to its intersection with W.19'h St., thence West on W.19`h St, to its intersection with S.Chester St., thence South on S.Chester St.to its intersection with W.20d' St., thence West on W.20'h St. to its intersection with S.Ringo St., thence South on S.Ringo St. to its intersection with W.2151 St., thence West on W.21s' St. to its intersection with S.Cross St., thence South on S.Cross St. to its intersection with W.23`d St., thence West on W.23 rd St. to its ! • 0120 Legal (Description of Area 2, as described by Exhibit B2 Beginning at the intersection of 98h St. & Hilaro Springs Rd., thence northerly on Hilaro Springs Rd. to its intersection with Baseline Rd., thence easterly on Baseline Rd. to its intersection with Mize Rd., thence North on Mize Rd. to its terminus, further North along a projection of this line to its intersection with Avery Rd., thence West on Avery Rd. to its intersection with Scott Hamilton Rd. At the intersection of Avery Rd. & Scott Hamilton Rd., continue west on a projected line of Avery Rd., to the West line of Section 32, Township 1 North, Range 12 West., thence South on said West line to its intersection with Baseline Road, thence West on Baseline Rd. to its intersection with Reck Rd., thence south on Reck Rd. to a point on a line, said line being the westerly projection of 98`h St.; thence East on said line and 98th St. to the Point of Beginning. 21 F L' 7P❑v�p p R � � a � � b �• 9Q �y �•_°. � 6 G�G7 ouoti� t1�0 u D C2 e3 a„ERF *\ \�OQI Q QCJQq CAP ~ ` lJ Q m 01 ° ❑ 99L °• e°"° ° A 6� Oa0 Q' % � Q p doa ❑4•Q Q a \ \® °D ° 5q] a 0 0 0 1 ❑ c� ❑ b � tl f /I�!® a e ° ° o _� ° ❑ 0 IBM 10000 1 ° rid n Q °p S °°�uw °o0 p. 91 % %%% o° o oo°C 0° u Q m p S7 l ❑ aP4O0p p a ® 1a Q •0 @9 0 0 0 0 q Q nyapcio�❑ m, 0 �'tM1� oe rb' oI ❑ ° a O TO�p I�d a ®' /O° 0 ❑ 17 ° ��{• roq c . {� (�. ro°IDE�° 9 ��Se°°ao❑ o °• o p Q q= ❑ 40 � �] g oq �] i °,Q Q. 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