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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