HomeMy WebLinkAboutOrdinance 661 �r
ORDINANCE N0 . 6 4
AN ORDINANCE TO BE ENTITLED : "AN ORDINANCE TO LEVY THE RE-
ASSESSMENTS AS ASSESSMENTS UPON THE REAL PROPERTY WITHIN
SEWER IMPROVEMENT DISTRICT N0 . I OF THE CITY OF FAYETTEVILLE ,
ARKANSAS . "
WHEREAS , more than ten ( 10 ) owners of real
property in Sewer Improvement District No *
1 of the City
of Fayetteville , Arkansas , duly petitionTthis City Council
to take steps toward the construction , installing , main-
taining , and operating the system of sewers for the City
of Fayetteville , which petition was duly filed with the
City Council August 1 , 1906 ; and
WHEREAS , the City Council on September 29 ,
1906 , passed an ordinance creating said Sewer Improvement
District No . 1 of the City of Fayettevile , and included
therein all real property located within the City of
Fayetteville , which District was laid off and created for
the purpose of constructing , installing , maintaining , and
operating a system of sewers for the City of Fayetteville ,
Arkansas ; and
WHEREAS , within the time allowed by law
thereafter , the . owners of the majority of real property
located within said Sewer Improvement District filed a
petition with the City Council , petitioning the City
Council to install , construct , maintain , and operate a
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DATE OCTn
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ment and reported the same to the City Council ; and
WHEREAS , after the plans of said improvement
were duly made by the Board and reported to the City
Council and approved by the City Council , the said City
Council appointed the assessors to assess the benefits
against the real property in said District to make said
improvement ; and
WHEREAS , the first assessment , which was
duly levied by the City Council , has proved insufficient to
complete the said improvement ; and
WHEREAS , the Board of Improvement of said
Sewer Improvement District have reported the amount of
the defficiency to the City Council ; and
WHEREAS , the City Council upon receiving
the report and estimate of the Board has taken the nec -
essary steps by appointing assessors to make another as-
sessment on the property previously assessed for a sum
sufficient to complete the improvement ; and
WHEREAS , the assessors duly appointed by
the City Council and after taking the oath of office re -
quired by law have made their report and have filed the
same in the office of the clerk , as required by law ; and
WHEREAS , it is necessary in order to com-
plete the said sewers and the improvement contemplated
originally to make said re -assessment; and
WHEREAS ., the report of the assessors has
been filed , as required by law , and said assessors have
• i
assessed every lot , parcel , block , and every piece and
parcel of real property within the said District , includ-
ing all real property , all railroads , and all real pro-
perty of every nature and description ; and
WHEREAS , said assessors have assessed the
benefits necessary to complete said improvement in the sum
of Two Hundred Forty- three Thousand , Nine Hundred Sixty-
five Dollars and Twenty- six Cents ( $243 , 965 . 26 ) ; and
WHEREAS , said real property has been as-
sessed by the assessors according to the benefits re-
ceived ; and
WHEREAS , the benefits received by each
and every block , lot , and parcel of real property , in-
cluding railroads , situated in said District equals or
exceeds the local assessment thereon ; and
WHEREAS , the estimated cost to complete said
improvement is the sum of One Hundred Sixty- seven Thousand ,
Seven Hundred Fifty Dollars ( $167 . 750 . 00 ) , which includes
interest on the bonds to be issued and ten ( 10%o ) per cent
for contingencies ; and
WHEREAS , the actual cost of completing said
improvement will equal the sum of One Hundred Thousand
Dollars ( $100 , 000 . 00 ) ; and
WHEREAS , the additional assessments and re-
assessment herein provided for have been made in accordance
with law ; and
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AfHEREAS , these re- assessments herein and
heretofore provided for do not exceed twenty ( 20% ) per-
centum on the actual market value of the real property
located within said Sewer Improvement District No . 1 ;
THEREFORE :
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE;ARKANSAS :
SECTION 1 . That said several blocks , lots ,
and parcels of real property in said District , including
railroads and all other real property , be assessed ac-
cording to the assessment list for said Improvement Dis-
trict as the same now remains in the office of the City
Clerk of the City of Fayetteville ; and that five ( 5% )
percentum of the benefits on each of said blocks , lots ,
and parcels of real estate , as above described , shall be
paid annually on or before the 15th day of September . /
in each year until the whole of said local assessments
shall be paid .
SECTION 2 . That the said local assess-
ments and re-assessments above described shall be and are
hereby declared to be a charge and a lien against all the
said real property in said District ; and the lien of said
assessments against said real property shall be entitled
to preferance over all judgments , executions , encumbrances ,
or liens whensoever created and shall continue and remain
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y
in force until said local assessments with any penalty and
costs that may accrue thereon shall be fully paid .
SECTION 3 . That all ordinances and parts
of ordinances in conflict herewith be and the same are
hereby repealed , and this ordinance shall take effect and
be in force from and after its passage , approval , and
publication , but it is hereby declared that there is no
repeal of any of the ordinances creating said Sewer Im-
provement District No . 1 and levying previous assessments
on the property therein , and this ordinance is in addition
to and supplemental to all said original ordinances and
hereby fixes a lien for said re- assessments , as above
provided .
SECTION 4 . That an emergency is hereby
it is
declared for the reason that/ for the protection of the
health of the citizens of Fayetteville and for the re-
moval of the danger of disease from the insufficiency and
defects in the present sewer system and the disposal
plants , and because the State health authorities have
demanded that the improvements be made without delay ,
and it is necessary that this ordinance take immediate
effect in order that immediate steps may be taken to
complete said improvement in order to prevent the spread
of disease within the City of Fayetteville and in order
to preserve the health of its inhabitants .
Passed and approved the 8th day of jAupust- - - - - - - + 1927 .
Approved ;
Q,� IM \ q 4 ` , Mayor
Vs
ATTEST :
Clerk .
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system of sewers for the said City of Fayetteville , Arkansas ;
and further prayed that the cost thereof be assessed and
charged upon the real property situated within the District ,
which District included the whole of the City of Fayetteville ;
and which petition further prayed that Commissioners be
appointed , as provided by law , to compose a Board of Im-
i
provement for said Improvement District No . 1 of the City
of Fayetteville ; and
WHEREAS , the City Council , upon the filing
of said petition by due proceedings had , determined that
said petition was signed by a majority in value of the
real property owners within said Sewer Improvement Dis-
trict No . 1 ; and
WHEREAS , in said petition the said peti-
tioners prayed and asked that the cost of the construction ,
operation , and maintenance of said sewers be assessed and
charged upon the real property situated within the said
District ; and
WHEREAS , all notices required by law to be
given were given before the hearing on said petition of
the majority in value of the property owners ; and
WHEREAS , upon the City Council finding that
said petition was signed by a majority in value of the real
property owners , the City Council at once appointed three ( 3 )
persons , owners oP real property within said District , to
compose the Board of Improvement of said District ; and
WHEREAS , the said Board of Improvement duly
qualified and formed plans for said improvement and pro-
cured and submitted estimates of the cost of said improve-
. 2.
