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18425i • I ORDINANCE NO. 18,425 2 3 AN ORDINANCE TO MODIFY THE PERMIT FEES FOR BORING, 4 EXCAVATION AND CURB CUTS; TO AMEND LITTLE ROCK, 5 REV. CODE § 30 -246 (1988); To DECLARE AND 6 EMERGENCY; AND FOR OTHER PURPOSES. 7 8 WHEREAS, the City previously amended the manner in which permits and fees for curb 9 cuts, excavations, and borings, but the codification resulted in an error on the per foot charge 10 for certain matters, and 11 WHEREAS, the Utility Coordination Committee was presented with information on 12 this proposed amendment on November 8, 2000, but no member of this Committee, which 13 includes representatives from a majority of the affected utilities, has provided any comments 14 about the proposal, 1s NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF 16 THE CITY OF LITTLE ROCK, ARKANSAS: 17 Section 1. Little Rock, Ark., Rev, Code § 30- 246(b) (1988) is hereby amended to read 18 as follows: 19 (b) Permit fees for the boring, excavations or cut, shall be two dollars 20 ($2.00) per foot per permit for the first fifty (50) feet of the boring, 21 excavation or cut, or any fraction thereof, and one dollar ($1.00) per foot 22 for each additional foot, or any fraction thereof. 23 Section 2. Severability. In the event any title, section, paragraph, item, sentence, 24 clause, phrase, or word of this ordinance is declared or adjudged to be invalid or 25 unconstitutional, such declaration or adjudication shall not affect the remaining portions of the 26 ordinance which shall remain in full force and effect as if the portion so declared or adjudged 27 invalid or unconstitutional was not originally a part of the ordinance. 28 Section 3. Repealer. All laws, ordinances, resolutions, or parts of the same, that are 29 inconsistent with the provisions of this resolution are hereby repealed to the extent of such 30 inconsistency. 111 1 2 3 4 5 6 7 8 9 to 11 12 • • Section 4. Emergency. The ability to maintain a consistent and equal methodology for the assessment ofpermitfees, and to maintain fees that appropriately represent the impact upon the City, the ability to review the permit applications, and the cost of inspectors and engineers to review plans, specifications, and the fu fillment of City ordinance requirements, is essential to the public health, safety and welfare, but is not currently being achieved because the per foot fee after the first 50 feet of a permitted area does not properly meet these essential requirements; an emergency is, therefore, declared to exist, and this ordinance shall be in full force and effect from and after the date of its passage and the mailing of notice of this change to the utilities that are currently known to be operating within the corporate limits of the City. PASSED: February 6, 2001 ATTEST: APPROVED: 13/O// 14 Nance Wo d, City Clerk 15 16 APPROVED AS TO LEGAL FORM: 17 18 � ^�°� W` 19 Thomas M. Carpenter, City Attorney 20 21 22 23 24 25 26 27 29 29 30 31 121 F I, 0 '74 M