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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 i rl ]Ia IM '•��' ko'llfoolmill �•� STATE of ARKANSAS 1 awomo l Jt ss. 41 " la County of Washington Nrr l nnv j No lo n 181\.n 110n f o F soAaD am t e ( Cen ral Mana;- r) of A � 1 �-rreas. 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 �. 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 I. x1 eddNO lor- lot In. r"° °M id'M percent of the subscribers thereto have paid cash for their subscriptions .•Iti ' AI �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 11111 ` . „ „e. lie I , fi or 11 per, I pronloo I' 1 .. ... . , r tD i ,One /e• 1._ �J 17:7 07 \ -----1-_ avrdi - _1S1LJ�i.iLJelt . r 1 g vlN Ironed n '. m t I 1- a rvallr ----- - �f.. _____ __ _ - _ 'D'r. II ap Il - IhAill �.(h((, , Ce"6.a,< (/f�(lJG/AJ< {,pq{�j ° dn^ , t frit nt and n i�( was publish in the regular daily issue c said newspaper for-___1_-._--. s at n.rn _ _ consecutive insertions as follows : Q OR vo notIn lie phone a- ent"a^ ,y The first insertion on the _____ f/ _. day of ___ _ 18. E n iwrrvsn Irm,nded tM or t*n .ve' Of Snell r ,1n Mn�'IT pre, hea nm.<ntAge m _ _ _ e the second insertion on the _____ _ __ _ -._ _ _._ day of r nugh ummr-n asars,rd beral II nNvg to :he value of the n n,;t w .7 al-',dol of r-or I the third insertion on the ___________-_-.-- day of ____ ._. 19__.. —r r-p- r✓ d.u0 rd Arte er A"as t T'hr Iin.rrl to To he rtnn shdlt - ,a ,.r•Nt�sr to e, wml,edl! and the fourth insertion on the ----------- -------- day of __-___-____----- 19._- nreip.p.r al ger reel f,� 1 Into otty d fe> r"A' Io-. N: It Mtn f-0 •1+, s C -d pnbN ffio of .n C Ana K faed sl — �_ !"is ale e,eer we M the formal Iv or In% dformalthi rd Sworn to and subscribed before me on this ----- __________ day of . enueaFldg ih'At N -Nori al kd Inner And IN mi vi v' u ringblic qI • iPaul -- -- - -- ------- ------------ 19--7 N yTe �- 7of: ;utdMneR• 91'K par . parerr of neral cirtule Inn" °f r ,nlr. five faster _ vnAelmn Mesa Irish n ______ . dela pr,oI w for me Marc N ry Public Ing. a V m tee ifi6 n V- �-Vrru My Commission Expires : o Re �1Fees for Printin / g ----- $ leCost of Proof .----- $------------------- AM tnespM HnA-r1 rf Mrertrtrs •slrb a. Total , n.,. Of till r°l . 1n no a ft* nothirdve v 1 e.tlrmi ►r M t� rfleI In tire nlMnTfV ~ M N'rv,n Gehl IWto A-kneros \�� tl ant ^r. :. 1, If the Hoard of Pind"' r' A tont the r'et.In are iW.e.�e t�, -,NR r,n are suit r Nor4 it shall m� Y1 a .•+s.mmt in M n'Adr 31941 earl lot or pAm•1 d real IVnpertp to tM ab r the diNinnated if or an•tla am �1 sunned brl'e,n. 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 .