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0459 459 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. i54; PROVIDING FOR THE ACQUISITION OF LAND FOR PUBLIC PARKS AND FACILITIES BY THE PARKS COMMISSION OF THE CITY OF JACKSON - VILLE, ARKANSAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, that: Section 1. There is hereby added to the Jacksonville Municipal Code, Section 17.12.050, which is to read as follows: "Section 17.12.050" - "WHEREAS, the Parks Commission of the City of Jacksonville, Arkansas and the Planning Commission of the City of Jacksonville, Arkansas have recommended to the City Council of the City of Jacksonville, Arkansas that procedures be established for the preservation of open spaces within the City of Jacksonville, Arkansas for public parks and recreational facilities; and WHEREAS, the City of Jacksonville, Arkansas has caused a Parks & Recreation Plan to be established (Master Park Plan) determining needs and locations of open spaces for public parks and recreational facilities, including neighborhood parks and community parks; and WHEREAS, for the welfare of the general public it is desirable that public parks and recreational facilities be acquired as developments are built and created to ensure that adequate parks and recreational facilities will continue to be available in the future; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS: Section 1. Any person, firm or corporation desiring to construct buildings shall be obligated to bear a proportional part of the cost of development of parks and recreational facilities in the City of Jacksonville, Arkansas, by pay- ment of money based on the following computation: A. The fee shall be computed at thirty per -cent (30 %) of the building permit fee applied for and issued by the City of Jacksonville, Arkansas. B. Any person, firm or corporation applying for a building permit for any building within the City of Jacksonville, Arkansas shall be obligated to pay aforementioned said fee, with following ex- ceptions: No person, firm or corporation applying for said building permit for any building within the City of Jackson- ville, Arkansas shall be required to pay said fee if permit re- quested is under $5,000, assessed valuation of construction, which is being issued for living quarter construction only. Example: Some carport construction, some fireplace construction, etc. 459 PAGE TWO ORD. # Section 2. A special fund, to be known as THE CITY OF JACKSONVILLE PARKS AND RECREATIONAL DEVELOPMENT FUND shall be created by City Clerk and /or Finance Director of the City of Jacksonville, Arkansas. Said fund shall be administered as follows: A. The City Inspector of the City of Jacksonville, Arkansas, in conjunction with city clerk's office, shall collect thirty per -cent (30%) of issued building permit fee for all con- struction in the City of Jacksonville, with exception listed 1.•c' -' in Section 1, Part B. B. Once each calendar month, the City Inspector of the City of Jacksonville, Arkansas shall transfer such monies received to the City Clerk and /or Finance Director of the City of Jacksonville, Arkansas for deposit into the aforementioned fund. C. Such funds shall be disbursed by, or upon the order of, the Parks Commission of the City of Jacksonville, Arkansas with approval of the city council of the City of Jacksonville, Arkansas. D. Such funds shall be used only for the acquisition of new lands for parks and improvements of new parks, recreational equipment and facilities for same. New lands /new parks shall be defined as being acquired after passage of this Ordinance." Section 3. It is the specific intent of this Ordinance to comply with Act #186 of the Acts of Arkansas of 1957, codified in Ark. Stat. Ann. 19 -2825, etc., seq. Section 4. If any provision of this Ordinance is held invalid, such invalidity shall not affect other provisions of this Ordinance which can be given effect without the invalid provision, and to this end the provisions of this Ordinance are declared to be severable. Section 5. All Ordinances and parts of Ordinances in conflict herewith are re- pealed. Section 6. This Ordinance shall be in full force and effect immediately after its passage. / APPROVED AND ADOPTED THIS / DAY OF �.JICC , t C c -L_ - , 1977. i si Att ity C rk Fames G. Reid, Ma 144 A proved as to Form: City Atty.