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ORDINANCE # 9 Yb AN ORDINANCE REQUIRING MINIMUM STANDARDS FOR THE CONSTRUCTION OF STREETS AND HEREINAFTER OPEN TO PUBLIC USE, AND/OP. HEREINAFTER DEDICATED TO THE PUBLIC, AND/OR PLATTED AS PUBLIC STREETS OR OTHERWISE OPENED TO THE PUBLIC, WITHIN THE CITY OF BATESVILLE, ARKANSAS; PROVIDING PENALTIES FOR NON-COMPLIANCE; REPEALING ALL LAWS IN CONFLICT THEREWITH; DECLARING THE SEVER0ILITY OF PARTS OF THIS ORDINANCE; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BriTESVILLE, ARILZSt'aS: Section 1: Any person, firm, corporati o, or cor_structin a street, =o�.d or r: _S';tray resigned for use by motor vehicles and to be open to t'" e public use, and/or hereinafter dedicated to the public, and/or platted as public streets or otherwise to be opened to the public, shall see that the street, road or highway is built to comply with the following minimum standards:l (A.) Each traveled portion of each street shall be at least 25 feet in width and consist of 5 inches of compacted SB -2 covered with 2 inches of hot mix asphalt with a 4 inch crown. The furtherest point of each; side of said street shall be the traveled portion of the street's lowest point to allow for water drain off. (B.) Directly adjacent to and connecting with each side of the traveled portion of the street, there shall be a curb. The curb shall be constructed as follows: each curb shall consist of a 6 inch concrete; base. Each curb shall be 24 inches in width. 13 inches of said curb width shall be consistent with the height of the street and drop from crown in middle of street to edge of street side to allow for water drain off. The -remaining 6 inches of said curb width shall form a lip 6 inches in height grater than the above described curb surface and 12 inches in height from said base. (C.) That attached hereto and marked EXHIBIT "All and made a part of this Ordinance as though set out herein in full, word for word, item for item, is a diCram of the method of construction which must be adherred to. (D.) All street construction must be done in a professional, responsible and workman like manner. Section 2: Any person, firm, corporation or company violating any provision of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction fined in an amount not less that Twenty -Five Dollars ($25.00) nor more than One Hundred Dollars ($100.00). Each day that a violation of this Ordinance is allowed to continue shall be considered and is deemed a separate offense. Section 3: All Ordinances or parts of Ordinances in conflict herein are hereby repaled. Section 4: That the parts and words of this Ordinance are severable and if any part or parts, word or words of this Ordinance is declared unconstitutional or otherwise unlawful then the remaining valid portions of this Ordinance shall remain in full force and effect as though the invalid, unlawful or unconstitutional portions thereof were never made a part thereof. Section 5: Whereas, it Lf found by the City Council that inferior and inade- quate streets are being open to the public use, dedicated to the public and/or platted as public streets and that said streets present a hazard to the community's health and its citizens welfare and whereas, said inferior streets become a public charge and nuisance and impose an undue hardship upon the City's economics, an emergency is hereby declared and this Ordinance shall be in full force and effect from and after the date of its passage and approval.