HomeMy WebLinkAboutOrdinance 1688 ORDINANCE NO .
AN ORDINANCE TO ESTABLISH THE PROCEDURE TO BE FOLLOWED FOR FORMING A
STREET IMPROVEMENT DISTRICT IN THE CITY OF FAYETTEVILLE , ARKANSAS .
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTE -
VILLE , ARKANSAS :
JSECTION 1 . That the procedure for the formation of a street im -
provement district in the City of Fayetteville , Arkansas , shall hereafter
be as follows :
A . Any person desiring to inititate the formation of a street
improvement district , must present a written request , signed
by a majority of owners in value of the property to be assess -
ed for the contemplated street improvement , to the City Manager
of the City . Forms for this request shall be available to any
person at the office of the� City Manager . The request shall
contain the written oath or affirmation of at least one of the
person ' s signing such instrument , that he verily believes that
the signatures thereon contain a majority of the owners value
of the area concerned . Notice of such request shall be pub -
lished ,once in a newspaper of general circulation within the
City . Upon receipt of this verified request , the City Manager ,
or his duly authorized representative , shall conduct a study
o of the need - for the street improvement , giving consideration to
iD _ �thp. approximate cost of such improvements , including grading ,
�& g , curbing , guttering , drainage and storm sewers , adjust -
, of
of utility facilities , and the means for financing the
J z� e�, and the approximate assessment which would be made against
lot or parcel of property to be benefitted by the proposed
! r_ a= _ govement and the amount of the City ' s financial participation .
Cn N J U
co aB = The results of the study defined in Section A shall be
presented to the Board of Directors at a regular or special
meeting . At this meeting , the Board may hear . all owners of
property in the defined area as to the need for the improvement .
If a majority of the Board of Directors finds that it is in
the best interest of the City that the improvement district be
formed , it shall adopt a resolution setting forth the findings -
of the study , and agreeing to make the proposed improvement
on the condition that all the property owners in the defined
area repay the municipality the cost of such improvements or a
prescribed percentage thereof through uniform , ad valorem
( according to value ) assessed benefits upon each lot or parcel
of property in the defined area . The resolution shall be
published once in a newspaper of general circulation in Fay -
etteville , Arkansas ,
C . If within 60 days after the adoption a publication of such
resolution by the City Board of Directors , petition ( s ) ( pre -
pared by the City Attorney ) are filed with the City Clerk con -
taining the signatures of a majority in value of the real
DEED �6� PACE J J DATEOFI oc' y918
1
REEL
property owners in the defined area requesting that such
improvements be undertaken and financed in the manner as
stated in the resolution , the City Clerk shall set a date and
place for a public hearing on the sufficiency of the petition ( s ) .
Notice of such public hearing shall be published once in a
newspaper of general circulation in Fayetteville , Arkansas ,
not less than 5 days prior to the date fixed for the hearing .
At the public hearing , the Board of Directors shall meet and
hear all owners of property in the designated area who wish
to be heard on the question of whether the petition ( s ) con - .
tains the signatures of a majority in value of the real prop -
erty owners of the designated area . Following the public
hearing , the Board of Directors shall make a finding and
ruling as to whether the petition ( s. ) contains a majority in
value of said real property owners and shall publish such
finding once in a newspaper of general circulation in Fayette
ville , Arkansas . The finding or ruling of the Board of Dir -
ectors with respect to the sufficiency of the petition ( s ) shall
be final and conclusive unless questioned by action in the
Chancery Court of Washington County within 30 days after the
date of publication of such finding .
D . If the Board of Directors determines that the petition ( s )
are sufficient , it shall cause an assessment to be made against
each lot or parcel of real property which will be benefitted
by the street improvement . The assessment is to be based on
the cost of the improvement to be borne by the property owners
and the benefits occuring to each such lot and parcel of prop -
erty . All such assessments shall be levied according to the
value of the benefits and shall be uniform . A copy of the
assessed benefits shall be filed with the City Clerk . Notice
that such assessed benefits have been filed with the City
Clerk shall be published once in a newspaper of general circul -
ation in Fayetteville, Arkansas , and such assessments shall
be final and conclusive unless questioned by action filed in
the Chancery Court of Washington County within 30 days after.
the publication of notice of the filing of the assessed
benefits . All such assessments are payable to the City in the
manner and within the time prescribed in the resolution . This
may include the option to pay the assessment in one lump sum or
in installments within the time and at the rate of interest
specified . The assessment against each lot or parcel of
property shall constitute a lien on such property in favor of
the City . When an annual assessed benefit against any lot or
! parcel of property has not been paid for two years from the
date due , such delinquent assessment , plus a 10 % penalty shall
be certified by the City to the County. Clerk and the County
Clerk shall place the assessment and penalty on the tax books
as a delinquent tax to be collected and paid over to the City
by the collector .
DEED 766 PAGEM
SECTION 2 . That this ordinance shall be in full force and effect
from and after its passage ; approval and publication .
PASSED AND APPROVED this day of 91969 .
APPROVED :
G�� D MND ME� MGR
J
ATTEST :
/1 . /ao-, 0
MARILYN, M00 IT CLE
. f
tMtSjsPL '4740
Id
V DEED 766 PAGE A0
. . 'AAt. ° . • '
CERTIFICATE
STATE OF ARKANSAS
CITY OF FAYETTEVILLE
I , MARILYN MOORE, City Clerk within and for the City of Fayetteville,
Arkansas, do hereby certify that the annexed and foregoing is a true
and correct copy of the Fayetteville, Arkansas,
DdA221�2 72o, therein set
forth, and the same is as it appears of Record in
�i�?/Lre -Jy Bf7?DiVolume
at Page thereof.
IN WITNESS WHEREOF, I have hereunto
set my hand and affixed shy official
_ seal this yf�c/ day of
19
�.
O ,S T/ �yy�
r. n . J / / /
�1} ? qZTY CLERK
'04Vfeu � t � :, .
•.ympM"
DEED 766 PACE 141
� r
CERTIFICATE OF. RECORD
STATE OF, ARKANSAS SS.
Washington County j
I, Alma L. Kollmeyer, Circuit Clerk and Ex-Officio Recorder for
Washington County, do hereby certify that the annexed or (fore.
going instr ent was filed for recd in my office on th.� day
of 0 lWt oo'clockA M, and the same Is
duly rec ded in / QW61 record at pageJy
Witness my hand and seal thi6Lqday of 19�
ALMA
Cti;Q x i9erk-andl
Ex-Officio Recorde
BY �"
Dep6ly Cie c
u, 1.
STATE of ARKANSAS
as.
County of Washington (/��{
I, _ (.�._`�1:—_}4' ---, hereby certify that I
am the ( ( ner Manager of THE NORTHWEST ARKANSAS TIMES,
a daily newspaper having a second class mailing privilege, and being not
less than four pages of five columns each, published at a fixed place of
business and at a fixed (daily) intervals continuously in the City of
Fayetteville, County of Washington, Arkansas for more than a period
of twelve months, circulated and distributed from an established place of
business to subscribers and readers generally of all classes in the City
& County for a definite price for each copy, or a fixed price per annum,
which price was fixed at what is considered the value of the publication,
based upon the news value and service value it contains, that at least fifty
percent of the subscribers thereto have paid cash for their subscriptions
to the newspaper or its agents or through recognized news dealers over a
period of at least six months; and that the said newspaper publishers an
average of more than forty percent news matter.
I further certify that the legal notice hereto attached in the matter of
was published in the regular daily issue of said newspaper for_ ___
eeneseative insertiony( as follows : ) 0 /
The first insertion on the —a&Zb _ day of 19101
the second insertion on the — day of ____ 19__
the third insertion on the _ day of ___.—.— 19—
and the fourth insertion on the day of ___.......—___— 19__..
Sworn to and subscribed before me on this _l�am 9._—_ day of ............
------ — 19_� o
NAary Public
0
My Commission Expires :
6 (/ —��qq-97n./?
Fees for Printing9T�
Cost of Proof ____.__
. I.. - Total --- $4Z91-,7
TtIE D. If the Board of Directors deter-
mines that the pelitim(s) arc suffici.
ent, it shall muse an assessment to be
made against each lot or Parcel of
real property which will be benefitted
by the street improvement The assess-
ment Is to he based on the cost of the
improvement to be borne by We Drop
city owners and the benefits ontichrl
to each such IM and Parcel of Property.
All such assessments shall be levied so-
cording to the value of Itte benefits
and shall he uniform. A copy of the
assessed benefits shall be filed with the
City Clerk. Notice Wait sutlr assessed
benefits have been Lied with the
a n Clerk shall a published once in
a nweePaPa[ of general circulation in
Fayetassess-
ments le,
he final and such conclusive meets shall he final and conclusive
unless questioned brivof action tiled in
the Chancery tday of Washington Coun-
ty i within 30 days after the Publics-
tion of notice All
the h filing es the asses-
ed benefits. All such assessments are
Payable in a me re the mannerthe
and within We time prescribed in o the
resolution. This may include the option
to or n assessment in one (time
I sum o[ in installments within the time
1 etmL and at the rate of interest specified. The
general
assessment against each lot or parcel
receipt of this verified request, We City of procerty shall constitute a hen on
Manager, or his duly authorized repro- such property in favor of the City.
sentsth'e, shall conduct a study of the paten an annual assessed benefit again-
need for the street improvement, giv- st any lot or Parrot of m'operty has not
ing "nsideratim to the approximate been paid for two Sears from the
Mgt of such Improvements, Including date due, such delinquent assessment,
grading, paving, curbing, guttering. plus a 105; penalty shall be certified
drainage and storm sewers, adjustment b.' the City to the County Clerk and
At utility facilities, and the mean for the County Clerk shall place the assess.
tlaenring the Same, and the apimxb ment and Penalty on the tax books
mate assessment which would be made as a delinquent tax to be collected and
against each Ire or parcel of prep Paid over to We City by the collector.
erly to be benefitted by the proposed SECTION 2. That this ordinance shall be
Improvement end the amount of We in full force and effect from and after
Ity's financial participation. its Passage, approval and Publication.
D. TTe rewlts of We study defined PASSED AND APPROVED this Mgt
In fiction A shall be Presented to We day of July, 1M.
ismrd of Mcetlors at a regular nr APPROVED:
.pedal meeting. At this meeting, We GARLAND MELTON, JR., Mayor.
A09t11 may hear all owners of plop A1TL, ST:
erty in the defined area as to the MARILYN MOORE, Cry Clerk.
need for the Improvement. If A major- 1b'—_6
•Iv of the Ringed of Directors finds
that it is in the beat Interest of the
City that the improvement district be
formed, it shall adopt a msolutim set.
ting forth We findings Of the study,
and agreeing to make the proposed
improvement on the condition that nil
lite property owners in We defined
area repay the municipality the mat
M such Improvements or a prescribed
percentage thereof through uniform.
ad valorem (according m value)
assessed benefits upon each lot or parr
eel of properly in We defined Alla.
The resolution shall be published dna
to a newspaper of general circulation In
Fayetteville, Arkansas.
C. If within W days after the adaption
a publication of such resolution by the
city Board of Directors petrion(s)
prepared by the City Attorney) are
filed with the City Clerk containing We
signalurts of a majority' in value of
the real property owners in the de-
fined area requesting that such
provemenls be undertaken and financ-
ed in the manner as stated in the rn
zolution, the Cuv Clerk shall set a
pul, 'r l,ar'ng on
n "d
oT, 1 e i
a
of the Ilrgnated arra Following
the public hearing, the Buaki of DI-
rrtors shall make a finding and ruling
as to wbrthelthe petclwi,sl a ira
majority in value of sold real proPel
t' owners and shell pubileh xoeh find-
I , L : el 1 r mPrr of gl'Il r 1'al r