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10843ORDINANCE NO. 10,,&43 AN. ORDINANCE ESTABLISHING STANDARDS AND SPECIFICATIONS FOR THE CONSTRUCTION AND RECONSTRUCTION OF SIDEWALKS, DRIVEWAYS, BOTH PRIVATE AND CONBtERCIAL, CURBS AND GUTTERS ON PUBLIC PROPERTY; PROVIDING FOR PERMITS TO BE ISSUED BY THE CITY BUILDING INSPECTOR UPON WRITTEN APPLICATION AND A FEE; ADOPTING STANDARDS FOR CONSTRUCTION OF SIDEWALKS, DRIVEWAYS, CURBS AND GUTTERS IN THE CITY OF LITTLE ROCK; PROVIDING FOR THE LOCATION AND GRADE FOR SIDEWALKS, DRIVE - �, WAYS, CURDS AND GUTTERS TO BE ESTABLISHED BY THE CITY N INBER PROVIDING FOR APPROVAL BY TVX :�'RAF'�� ENGINEER; PROVIDING A PENALTY; PROVIDING EXCEPTIONS; PROVIDING FOR �+ RIGHT OF APPEAL; PROVIDING FOR THE VALIDITY OF THIS ORDI- NANCE; DECLARING AN EMERGENCY; REPEALIiYG ORDINANCES NtIM- N ° BERED 109807, 10,815 AND 10,816; AND FOR OTHER PURPOSES. �(V WHEREAS, the Board of Directors finds that it would ra rop be in the public interest to establish and define standards for Po 0 >,.Q the constructicn and reconstruction of all sidewalks, driveways, A ro' both private and commercial, curbs and combination curbs and b� Lribters constructed on public property to protect and preserve aka the public property And safety; __ _ . jW THUMORE 1, DR - IT ORBAINED BY THE BOARD OF DI t8CT0A5 -OF ZAK- CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. IMPROVEMENTS AND PERMIT ff2jIR�ED Para&raph A, It shall be unlawful for any person, firm or corporation to construct, reconstruct, alter, remove and /or re- place any curb, curb and gutter, sidewalk, or driveway on public property within the City of Little Rock without first having ob- tained a permit from the Building Inspector. All such construction reconstruction, alteration, removal or replacement shall be under the supervision of the Building Inspector and in accordance with the specifications hereinafter provided. Paragraph B. Before a permit, required by Paragraph A. Sec- tion 1 (One) of this Ordinance, shall be issued the abutting pro- perty owner or his duly authorized agent shall submit an appli- cation therefor in writing with a plan made a part of such appli- cation showing the location, design and layout of the proposed improvement. QQ-t) R � 1 Paragraph C, When such written application and plan has been duly.submitted and the fee hereinafter required is paid, the Building Inspector shall issue a permit for such improvements, provided the plan showing the location, design, layout and speci- fication shall conform with the basic standards, specifications, details and designs hereinafter made and provided; and, provided further, that said application has been approved by the Traffic Engineer. Parag_aph D. A fee of $2.50 shall be charged by the Build- ing Inspector at the time an application for a permit as herein required is made: for residential drives or sidewalks per lot and $5.00 for each commercial drive or sidewalk per lot, and such sum shall be paid into the general fund of the City of Little rock. Provided, however, where the General Contractor constructs -.&=A-pours h :a. ._ drives or sidewalks provided for herein, there shall be no necessity for a separate permit fee for such purposes; provided further, however, the actual pouring for such drives or sidewalks shall be done at a time when the Building Inspector is making his regular inspection of the improvements being erected thereon. Paragraph E. No permit of any nature shall be issued by the Building Inspector to make any initial construction on the pro- perty, or alteration of the parkway or public property, other than residential within the City of Little Rock unless and until said applicant has complied with the provisions of this Ordinance, ex-- .cept that the City Engineer and Traffic Engineer may at their option waive any of the provisions of this Ordinance. Paragraph F. Whenever the term "inner curbingt1 is used in this Ordinance, it shall mean only that portion of the curbing required herein along driveways and sidewalks and not constituting the curbing which borders, and marks the margin of the street -3- designated and constructed for vehicular traffic. Whenever the term "street curb" is used, it shall mean the portion of concrete curbing and structure which borders and marks the margin of the street designated and constructed for vehicular traffic. Paragraph G. In those cases where the street. curb and gutter, -or sidewalk have not been constructed when application for a permit as provided in Paragraph A of this section is Mde and the City Engineer has established or can establish the lcca- tion and Wraee of such street curb and gutter or sidewalk, then the City Engineer and Traffic Engineer shall have the option of requiring the construction of such street curb end gutter, or sidewalk according to the provisions of this Ordinance. pax,2, h H. In those cases where the grade and location of the street curb and gutter cannot be established because of existing conditions, then the street curb and gutter must be omitted until such time as the remaining street curb and gutter along said block is constructed by or at the instance of the City of Little Rock; provided that construction of temporary curbs and gutters may be authorized pending establishment of grades and location of permanent curbs and gutters. SECTION 2. LAYOUT AND DESIGN The design, layout and plans for the construction, recon- struction, alteration and /or replacement of all sidewalks, curbs, driveways, both private and commercial, shall conform and be constructed according to the design and layout as described here- in and as approved by the City Engineer and Traffic Engineer. 1, All radii shall be a minimum of five feet (51) and a maximum of fifty feet (501) and point of tangency shall not ex- tend beyond a line, drawn from the point of intersection of a property line with the right -of -way line of a street, and per- pendicular to the center line of the street, and all curb radii -4- shall be tapered to meet the grade of the outer edge of the side- walk as determined by the City Engineer. 2. No driveway shall be constructed closer than five feet (51) to a line, drawn from the point of intersection of a pro- perty line with the right -of -way line of a street, and perpendi- cular to the center line of the street, excv.)t were property abutts an alley and then the minimum distan a shall be ten fe.et (10'). All multiple driveways shall be separated by a mintnum twenty -foot (201) safety island, and the maximum driveway o enirg sha�.l not Emceed forty feet (40') . All move measurements shall be along the outer edge of the sidewalk. 3. No driveway shall be constructed at an angle of less than forty -five degree (450) to the property line. 4. No pump island shall be constructed closer than twelve feet (12') to the property line. 5. Expansion joints shall be made in accordance with the accepted engineering practices, as approved by the City Engineer. 6. Maximum slope of sidewalks shall be one - fourth inch (k ") per foot or as approved by the City Engineer. SECTION 3, MISCELLANEOUS PROVISIONS ParaF!ph A. On property situated at the corner of inter- seating streets, sidewalks shall extend to the street curb line- of the intersecting..street. Sidewalks may be required- on-both. - the side and-front streets when'the need thereof for pedestrian -- traffic .is apparent.. Paragragh-B. After all work is completed the - Contractor or other - peroo n -in charge of such work shall remove a.11 - rubbish; xaste --and excess materials and have the land -used for- construction 'purposes -and the street and right -of -way area in a neat and.cle" appeecring -condition.. YYana rah C. Where sidewalks are to be- adjacent to -an off - r ' -5- street parking area, a concrete inner curb must be built two feet from property line to separate the parking area from the sidewalk. This inner curb must be a least four inches (4 ") in width and ex- tend a minimum of four inches (419) above the driving surface and a miri=xa of six inches (6 ") below the driving surface. A barrier or fence equivalent to this curb may be used in Lieu of the con- crete curb. Para ..2h D. No step or offset shall be con structei in any sidewalk o tside property lines, except where curtain conditions necesEitate such step or offset and teen only at the instance of --- - - written - instructions from the City Engineer. Where such step or -- +ff,set is 'Likely to occur, the Contractor shall notify the City Engineer before constructing same. Perasra h E_ All driveways into private property must be Fared from the street curb line to property line on such grades as may be determined by the City Engineer. They shad be con- structed as directed by the City Engineer. Paragraph F _ The width of all sidewalks shall be a minimum of four feet (41), and inner edge shall be on the property line. No driveway apron shall extend out into the street further than the face of the curb, nor into the gutter area except on approved grades; provided, however, the apron area shall be paved from the sidewalk to the street pavement where no curb or gutter section is .established. Paragraph G. The top or wearing surface of the sidewalk shall be blocked off with a trowel or tool made for that purpose, All corners must be rounded so as not to leave any square edges or sharp projections. SECTION 4. STREET CURB AND GUTTER All work under this Ordinance' shall be done in accordance -6• with the City of Little Rack 9tA nd&rd Platis and Specifications for the construction of street curbs and gutters approved and adopted by the Board of Directors, and all such construction shall be done under the supervision and inspection by the City Engineer or his duly authorized representative. SECTION 5. AUTHORITY OF BUILDING INSPECTOR Paragraah A. The Building Inspector shall be authorized to suspend work on any job for any period whenever he may deem such suspension to be necessary to insure good wotiz or in the public interest; but no such suspension shall ordinarily extend longer than one week. Paraas�B. The Building Inspector shall be authorized to give all tietices and instructions with reference to the work either to Contractor or his agent or to any person in charge of the work on the ground. Paragraph, C. The decision of the Building Inspector with reference to all materials, whether free or incorporated in the work, shall be fully binding on all parties at interest, and such decision shall be in all cases strictly in keeping with the in- tent and purpose of this Ordinance and free from all bias and unfairness. SECTION 6, RESPONSIBILITY OF THE CONTRACTOR Paragraph A. From and after the effective date of this Ordinance, it shall be unlawful for any person, firm or cor- poration to lay, construct, build, repair, rebuild or in any manner work on any of the sidewalks, curbs, gutters, streets, alleys, or public thoroughfares within the City of Little Rock without first having obtained a Certificate of Qualification from the City Engineer, The City Engineer shall investigate the qualifications of any applicants to adequately perform said -7- work; and, if found qualified by the City Engineer. a Certificate of Qualification -shall be isgwd W the City Engineer. The holder of such Certificate of Qualification so issued will then apply tc the City Collector for a Privilege License as a contractor build- ing concrete sidewalks, gutters, and driveways. Provided, how- ever, that where a General Contractor is constructing his own sidewalks, gutters and driveways and has paid a Privilege Tax as such General Contractor, he shall not be required to obtain the Privilege License herein provided for. Said Privilege Tax shall be in the sum of $25.00 per year, and shall not be accepted by the City Collector until satisfactory evidence, in the form of a Certificate of Qualification issued by the City Engineer is presented to him. Such qualified contractor shall, in addi- tion of the above, obtain a permit from the City Engineer to per- form each and every separate job of construction of any sidewalk, curb, gutter or driveway, and shall pay a fee to the City Col- lector for such permit herein provided. Upon making application for an annual privilege tax, each applicant shall state in the application for such annual privilege tax, the location of his place of business, the name under which the business is to be conducted and shall notify the City Collector and the City Engi- neer immediately of every change of address or of the organization. Such Certificate of Qualification or Privilege License shall not be transferable and such contractogs,i sball not sub -let any work to any person who has not been duly qualified by the City Engi- neer and who has not paid the annual privilege tax for the privi- lege of engaging in such business. Each and every person, firm or corporation licensed under the terms of this Ordinance shall notify the City Engineer of the date on which he does any work or contract concerning work upon curbs. sidewalks, gutters or -8- driveways located upon public property$ Par agraph_ Each and every contractor. or other person in charge of work within the scope of this Ordinance shall famil•. iari.ze himself with all provisions of the Ordinance covering such work and may, upon request, receive explanations and in- structions pertaining to the provisions of this Ordinance from the Building Inspector, Paragtragh C. Whenever during the excavation for any con- struction uUder provisions of this Ordinance, the- Conrractor or party &.)yng such work discovers a City monument or survey -mark, he mall notify the City Engineer and use all possible caution to protect such monument or survey mark. Pareggraph_ D., Contractors shall begin work in all cases within cne hundred and twenty days (120) after the permit for Jsuch_work_is_ issued, and shall prosecute the same continously until the work is completed unless unavoidably delayed by weather conditions or other cause not within thy: control of the Con- tractor. Said permit is subject to renewal with the approval of the City Engineer and Traffic Engineer., SECTION 7. BOND AND RESPONSIBILITY Paragraph A. The Building Inspector shall not issue any permit herein provided for until the applicant therefor has posted a bond, as provided in Paragraph B of this Section, with the City Clerk to secure the City of Little Lock in eomplUnce with the provisions of this Ordinance. Paragraph B. The Bond herein required shall be in the principal sum of not less than One Mmeannd Dollars ($1,000.00) and made payable to the City of Little Rock and shall be condi- tioned that the principal or obligator on said bond shall well and faithfully at his own cost and expense furnish all proper -9- materials, tools and appliances, and perform, execute, construct f and complete all such work within the scope and purview of this Ordinance; and will observe and comply with all the rules, regula- tions, specifications, and other requirements of this or any other Ordinance of the City of Little Rock; and such bond must be approved by the City Attorney before it shall be d --erred as having been filed with the City Clerk. Whenever the Building Inspector may declare in writing that the contractor has failed or refused to constimct and complete any such work in accordance with the Permit for such work and in accordance with the provisions of this Ordinance, then and thereupon either the City or the contracting property owner injured on such construction agreement may recover his damages upon such bond. Such bond shall be a corporate surety bond anti shall be executed by any corporate surety company per - mitted usider the laws of the State of Arkansas to act as sureties on bonds and each such bond shall continue in effect for and during a period of one (1) year. No surety may cancel his obli- gations on said surety bond without having first given ten (10) days' written notice to the Building Inspector that they so intend to do. And when such surety bond has been cancelled, then the contractor who was the principal shall not begin or complete any work unless and until a new bond, as herein provided, shall be filed with the City Clerk. Para&ra^ph.C. At all times and period during which any work under this Ordinance is being performed and until such work is completed and accepted and approved by the Building Inspector, the Contractor shall place and maintain all necessary and proper barriers and other safeguards, including watchmen, if necessary, upon and around the work for the prevention of accidents, and at night he shall.place, maintain and keep suitable and sufficient 1 , -9- materials, tools and appliances, and perform, execute, construct f and complete all such work within the scope and purview of this Ordinance; and will observe and comply with all the rules, regula- tions, specifications, and other requirements of this or any other Ordinance of the City of Little Rock; and such bond must be approved by the City Attorney before it shall be d --erred as having been filed with the City Clerk. Whenever the Building Inspector may declare in writing that the contractor has failed or refused to constimct and complete any such work in accordance with the Permit for such work and in accordance with the provisions of this Ordinance, then and thereupon either the City or the contracting property owner injured on such construction agreement may recover his damages upon such bond. Such bond shall be a corporate surety bond anti shall be executed by any corporate surety company per - mitted usider the laws of the State of Arkansas to act as sureties on bonds and each such bond shall continue in effect for and during a period of one (1) year. No surety may cancel his obli- gations on said surety bond without having first given ten (10) days' written notice to the Building Inspector that they so intend to do. And when such surety bond has been cancelled, then the contractor who was the principal shall not begin or complete any work unless and until a new bond, as herein provided, shall be filed with the City Clerk. Para&ra^ph.C. At all times and period during which any work under this Ordinance is being performed and until such work is completed and accepted and approved by the Building Inspector, the Contractor shall place and maintain all necessary and proper barriers and other safeguards, including watchmen, if necessary, upon and around the work for the prevention of accidents, and at night he shall.place, maintain and keep suitable and sufficient -10- lights and flares to warn of the obstructions and hazards; and the person doing such work under said permit shall and will indemnify and save harmless the City of Little Rock from and a- gainst any and all actions and cla4s and against all costs, damages and expense to which the City may be put by reason of any injury or Alleged injury to any person or property resulting or alleged to result from or to be occasioned by any act, negli- gence, carelessness or want of skill in connection with or in the conduct of any of said work, or in guarding same, or from any improper mathods, tools, implements of materials used in its prosecution or by or on account of any alleged act or omission w1i2tever of the Contractor or his agents, employees or servants; and, the Contractor, person,firm or corporation doing said work under ;:he permit as herein provided for shall well and trsly make peyment of any and all sums so recovered against the City of Little Rock in any suit or suits on account of such alleged injuries to which the City may be made a party, together with all such costs, damages and expenses as may be suffered of the City of Little Rock, all in such manner as to save the City whole and harmless from all such actions or claims. SECTION 8, PEWLTTY Any person, firm or corporation violating any of the pro- visions of this Ordinance shall, upon conviction, be fined in any sun not exceeding Two Hundred Dollars ($200.00), and each "y a violation continues shall constitute and be a separate offense. SECTION 9, VALIDITY OF THIS ORDINANCE In the event any section, paragraph, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of said Ordinance shall not be i• ' -il- affected thereby; and it is intended that every other section, paragraph, sentence, clause and phrase of this Ordinance shall remain and be in full force and effect. SECTION 10, EXCEPTIONS Paragraph A. The provisions of this Ordinance shall not apply to the construction of any public works by or at the in- stance o£ the City of Little Rock on any public property. But .t: shall be the policy of the City of Little Rack to construct !f all public works consistent with the provisions of this Ordinance except in those cases where the Board of Directors should find it necessary in the public interest to vary therefrom. Paaa!ph B. The provisions of this Ordinance shall apply only to eae. street area abutting the lot or lots on which the imprcvemrmts or set of improvements comprising the component unit or units of a separate individual house, apartment or business with and including all appurtenant structures and areas used in connection therewith and as a part thereof are located; and, in those cases where an application for a permit is made for im- provements on land, or addition or alteration to improvements already situated on land, not subdivided or platted into the de- sired ultimate divisible units or lots thereof, then the appli- cant shall show on the plan submitted with the application herein - above required, the proposed boundaries of the individual tract of land on which such improvements with all appurtenant structures -and areas comprise the whole of the separate house, apartment, or business, and such tract as shown on the plan shall constitute the "abutting property" within the meaning and scope of this Ordinance; provided, that this exception shall nester be construed as permitting the erection of buildings prctiibii;ed by other Ordi- nances as amended or of authorizing permits tak lmptoVemeo s or i . 12- 1 construction not heretofore authorized by Ordinance of the City `._ of Little Rock. SECTION 11. RIGHT OF APPEAL Any interested person aggrieved by a decision of any administration official of the City in administering the pro- visions of this Ordinance shall have the right of appeal to the Bcard of Directors. SECTION 12. It has been determined that there is an immedi- ate need for comprehensive standards and specifications for the construction and reconstruction of sidewalks, driveways, both private and co ercial, and curbs and gutters on public property, all for the public safety; and that the enactment of this Ordi- nance will accomplish this purpose; now therefore, an emergency is hereby declared to exist, and this Ordinance being necessary for the preservation of public peace, health and safety shall take effect and be in force from and after its passage and ap- proval. SECTION 13. REPEALING ORDINANCES IN CONFLICT Ordinances numbered 10,8079 10,815 and 10,816 and all other ordinances and parts of ordinances in conflict herewith are hereby repealed. pA3SED: September 2, 1958 ATTEST: APPROVED: City Clerk 16yore