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.
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WHEREAS, the Board of Directors finds that it would
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rop be in the public interest to establish and define standards for
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>,.Q the constructicn and reconstruction of all sidewalks, driveways,
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ro' both private and commercial, curbs and combination curbs and
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Lribters constructed on public property to protect and preserve
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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.
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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
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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
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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 -
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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
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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
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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 $25.00 per year, and shall not be accepted
by the City Collector until satisfactory evidence, in the form
of a Certificate of Qualification issued by the City Engineer
is presented to him. Such qualified contractor shall, in addi-
tion of the above, obtain a permit from the City Engineer to per-
form each and every separate job of construction of any sidewalk,
curb, gutter or driveway, and shall pay a fee to the City Col-
lector for such permit herein provided. Upon making application
for an annual privilege tax, each applicant shall state in the
application for such annual privilege tax, the location of his
place of business, the name under which the business is to be
conducted and shall notify the City Collector and the City Engi-
neer immediately of every change of address or of the organization.
Such Certificate of Qualification or Privilege License shall not
be transferable and such contractogs,i sball not sub -let any work
to any person who has not been duly qualified by the City Engi-
neer and who has not paid the annual privilege tax for the privi-
lege of engaging in such business. Each and every person, firm
or corporation licensed under the terms of this Ordinance shall
notify the City Engineer of the date on which he does any work
or contract concerning work upon curbs. sidewalks, gutters or
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driveways located upon public property$
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
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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
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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
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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
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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
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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
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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