HomeMy WebLinkAboutOrdinance 1737 � .
• ORDINANCE NO . 11A
AN ORDINANCE TO AMIND ORDINANCE NO . 1725 SECTION 2 , REGARDING
AND CONCERNING THE MAINTENANCE AND CONSTRUCTION OF STREETS , CURBS ,
A14D GUTTERS , AND SIDE!^iALY, S .
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAY --
ETTEVILLE , ARKANSAS:
Section 1 , That Section ' 2 of Ordinance No . 1725 is hereby
amended to read as follows :
" Section 2 . ASSESSMENTS FOR STREET CONSTRUCTION
A . When the Board of Directors of the City of Fayetteville ,
shall deem it desirable to enter into a street improvement program
in the City or any defined area or areas thereof , the Board of
Directors shall cause studies to be made of the needs for street
improvements ; including grading , paving , curbing , guttering ,
drainage and storm se•:iers , in the City or the designated area
or areas thereof , and shall cause studies to be made of the approximate
costs of such improvements , the means available for financing
the same , the portion thereof which the municipality is willing
and able to pay , taking into account any funds available to the
City for street improvements , and the approximate assessment
• which would be made ' against each lot or parcel of property in
the defined area to reimburse the City for the cost of the improvements
to ' be borne by the property owners in the area .
B . Upon the receipt of the study report and a finding that
proceedings with the proposed improvement is financially feasible ,
the Board of Directors shall adopt a resolution setting forth
such findings and determinations and agreeing to make such improvements
and pay for the same out of the funds available to the City for
such purposes provided the property owners in the City or defined
area or areas thereof' agree to repay the City the cost . of such
improvements or a prescribed percentage thereof through uniform assessed
benefits levied according to the value of the benefits upon each
lct or parcel of property in the City or defined area or areas
thereof . The Board of Directors shall cause said resolution
to be published once in a newspaper of general circulation in
the City of Fayetteville , Arkansas .
C . If within 60 days after the adoption and publication
of such resolution , petitions are filed with the City Clerk containing
the signature of a majority in value of the real property owners
in the City or the defined area or areas thereof requesting that
such improvements be undertaken and financed in the manner as
•
A-16CkOF W2 1978
DATE
REEL
I
s: ,
Page Two
•
stated in the resolution , the City Clerk shall set a date and
place for a public hearing on the sufficiency of. said petition .
Notice of such public hearing shall be published once in a newspaper
of general circulation in the City of Fayetteville , Arkansas ,
not less than five days prior to the date fixed for the hearing .
D . At the time and place stated in the notice , the Board
of Directors shall meet and hear all owners of real property
in the designated area or areas who wish to be heard on the question
of whether the petitions contain the signatures of a majority
in value of the real property owners of the designated area or
areas , and shall make a finding and ruling as to whether the
petitions contain the signatures of a majority inovalue of said
real property and shall publish such findings once in a newspaper
of general circulation in the City of Fayetteville , Arkansas .
The finding and ruling of the Board of Directors with respect
to the sufficiency of the petition shall be final and conclusive
unless questioned by action filed in the . Chancery Court of Washington
County , Arkansas within 30 days after the date of publication
of such findings .
E . If the Board of Directors determines that the petitions
• and signatures thereon are sufficient , it shall cause an assessment
to be made against each lot or parcel of real property in the
City or the designated area or areas as prescribed herein .
F . The Board of Directors may declare the improvement needed
and cause an assessment to be made against each lot or parcel of
property in the City or the designated area or areas thereof as
prescribed herein , without the necessity of petitions containing
the signatures of a majority in value of the real property owners
of ,the designated area or areas , if two- thirds of the whole number
of 'members elected to the Board of Directors find that the improve -
ment is necessary for the public welfare , safety and convenience .
G . If the Board of Directors determines that the petitions
and signatures thereon are sufficient , or two-thirds of the whole
number elected to the Board of Directors determines that the im-
provement is necessary for the public welfare , safety and convenience ,
said Board of Directors shall pass an appropriate ordinance
authorizing the improvement to be made , stating the method of
making the assessments and stating the amounts of the assessments .
The assessment is to be based on the cost of improvements to
be borne by the property owners and the benefits accruing to
each such lot and parcel of property . All such assessments shall
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ko'llfoolmill �•� STATE of ARKANSAS 1
awomo l Jt ss.
41 " la County of Washington
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No lo
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No ' 14 r �� r rrrr or I, _ �caf iL l �/ ____ --_--_—_---- , hereby certify that I
-1111 , ill 2Of : THE NORTHWEST ARKANSAS TIMES,
arge�ded too" � a dally newspaper having a second class mailing privilege, and being not
at - VXNM Toa less than four pages of five columns each, published at a fixed place of
-' the Br tlRM.y ' business and at a fixed (daily) intervals continuously in the City of
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III I' the ll M ' f drive's R the
Ygew Int 0 fi eet #, 4W Fayetteville, County of Washington, Arkansas for more than a period
- to iin '"th a eaQo nO� � of twelve months, circulated and distributed from an established lace of
. - ,tl an le tT rsry� r any ae• P
nr .rr.• �1;•rt^t feel nifeld business to subscribers and readers generally of all classes in the City
Allen i dere emdie, to of
.. . .. OR If ,•,oda . for slept m;rteq, & County for a definite price for each copy, or a fixed price per annum,
a grad,na pa „trh. which price was fixed at what is considered the value of the publication,
gI'^'ill, ilimnage d Nrlm .ew-:
r Ib° SlgnRtM Area based upon the news value and service value it contains, that at least fifty
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lot In. r"° °M id'M percent of the subscribers thereto have paid cash for their subscriptions
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�tn,rrn. mmu. IV Aman. a.•ene•' to the newspaper or its agents or through recognized news dealers over a
m- t "' "g the " I.' `°'• IF, L ,dl eriod of at least six months ; and that the said news paper
"rct P p p publishers an
In l � I e ' :�.<f average of more than forty percent news matter.
d ' no main ae• I further certify that the legal notice hereto attached in the mnttt•r of
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:. 1, If the Hoard of Pind"' r'
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8.
b'
tbse
staNm"b ids }lam M
rete a Interest apetlfied.
I. 1 e assessment assinst each lot
or parent of property shall constitute a
lien on such property In favor of the
Qty of hbyelleville.
T. When the assessed benefit apainsl
any lot or Vernal of property W mt
beenesb
city
C er b ®lf Opmty a said ime t RTA
Waal shell place Ne assessment end
penally on Ne fav books as a delmouen
tax to 4 collected and paid ovaw to a
Ne
City the C011emnC'
See bction 2 If any section, clause.
provlsioo K pert W thin mother" *hall shalt
be . b a VVpmYmtlmaf N
ems
the rewelinder of this erdintmpe tlrll be
and remain to full torte and eNect. It
Is hereby declared to he the Intent of
Me hoard of Directors that bis odinante
would have been passed and adopted had
such invalid or unconstltutionll provi-
sions, if any, had not been Included here-
in.
Section 1. All ordinances and perts
of odmances in cmRict herewith are
hembv repealed and this ordinance shell
in full fosse and effect from and after
peasaAe. approval and publication.
PARSED AND APPROVED bis 4th
day of M4'. 1970,
APPROVED:
GARLAND MELMN, JR •o-
A=1117:
Page Three
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 of such assessed benefits have been filed
with the City Clerk shall be published once in a newspaper of
general circulation in the City of 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 .
H . 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 assessments in one lump sum
or ' in installments within the time and at the rate of interest
specified .
I . The assessment against each lot or parcel of property
shall constitute a lien on such property in favor of the City
of ' Fayetteville .
J . When the 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 . "
Section 2 . If any section , clause , provision or part of this
ordinance shall be held invalid or unconstitutional by any Court
of competent jurisdiction , such section , clause , provision or part
shall be deemed severable and separable , and the remainder of this
ordinance shall be and remain in full force and effect . It is
hereby declared to be the intent of the Board of Directors that
this ordinance would have been passed and adopted had such invalid
or unconstitutional provisions , if any , had not been included
herein .
Section 3 . , All ordinances and parts of ordinances in conflict
. herewith are hereby repealed and this ordinance shall in full force
and effect from and after passage , approval and publication .
PASSED AND APPROVED this _�ff//,Hay of , 1970 .
APPROVED :
Garland Melton , Jr . Mayor
ATTEST :
C ' ty Clerk
CERTIPICA T E O: P "ECORD
State of Arkans .s ( c�
City of rayc` V'1
Suzanne C. I{e -e '; , City C':erk and
$x-Officio recorder fur tite City :%f Fayetteville,
do hereby cer.i-%y that the anncsed or fore
-
goingiso' ,- *may, of icea -:dE'iesamewo '
dears uz Or. . , � , :�
-asa`sti xt book
frc n -
" i of
]Igmil and sell % 1 _a' --------_�- -'-` °
City C.Cr : :!t ' is ' dcU�det
J .