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HomeMy WebLinkAboutOrdinance 2043 FOR RECORD 074 SEP - S Ph 3: IS ORDINANCE NO '. aoyl3 Yi(�S, !jP!GTON COUNTY nISANSAS ALMA KOLLMEYER � CIRCUIT CLERK AN ORDINANCE TERMINATING THE BENEFIT ASSESSME TS PRESENTLY \` BEING LEVIED IN SEWER IMPROVEMENT DISTRICT # 2 OF THEkCITY OF FAYETTE- VILLE , ARKANSAS ; AND FOR OTHER PURPOSES . WHEREAS , by Ordinance No . 1063 adopted May 3 , 1954 , the City Council of the City of Fayetteville , Arkansas , established Sewer Improvement District # 2 for the purpose of constructing a system of sanitary sewers to serve the West half of the Northeast quarter of Section 17 , Township 16 North , Range 30 West in the City of Fayette- ville , Arkansas ; and WHEREAS , by Ordinance No . 1071 adopted September 20 , 1954 , the City Council , of the City of Fayetteville , Arkansas , levied an assessment of benefits in Sewer Improvement District # 2 which ordin- ance provided that 5 % of said assessments should be collected annually thereafter until the whole of said local assessment be paid ; and WHEREAS , a final audit report was filed by the Commissioners of Sewer Improvement District # 2 reporting that the bonded indebtedness of said district has been retired ; and WHEREAS , the Board of Directors of the City of Fayetteville , Arkansas , adopted Resolution No . 43 - 71 on June 7 , 1971 approving the final audit report of Sewer Improvement District # 2 and discharging the Commissioners of said district from their duties ; and WHEREAS , the benefit assessments levied against the real property in Sewer Improvement District # 2 have never been terminated and are being collected annually , although the bonded indebtedness of said district has been retired and discharged in full . NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That the benefit assessments presently being levied against the real property in Sewer Improvement District # 2 for the purpose of retiring bonded indebtedness of said district are hereby terminated and removed . Section 2 . That the City Clerk be , and she hereby is , authorized and directed to file a copy of this ordinance in the Offices of the County Clerk and County Collector of Washington County , Arkansas . Section 3 . That the City Attorney be , and he hereby is , authorized and directed to petition the Washington County Chancery Court for an order directing the County Treasurer to transfer to the City of Fayetteville those funds deposited in the account of MICROFILMED 0H874 PAIS. g R EEL. L7 Sewer Improvement District # 2 , and directing the City of Fayetteville to refund said moneys according to the formula prescribed by Ark . Stat . Ann . Sec . 20- 718 ( c ) . Section 4 . That all ordinances and resolutions , or parts thereof , in conflict herewith are hereby repealed . Section 5 . That this ordinance shall be in full force and effect from and after the time provided by law . PASSED AND APPROVED THIS DAY OF 1974 . APPROVED : J"r -+i' MAYOR aTXFST : ' �a L+ .44 RK - - DEED Kilt CERTIFICATE STATE OF ARKANSAS CITY OF FAYETTEVILLE I . DARLENE 1%ESTBR00K , 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 , &I1 .r o �„ n1Z, / lD. a0 AL3 /therein set forth , and the same is as it appears of Record in -P(�r2GL % � � , Volume at Page � thereof . IN WITNESS I4HEREOF , I have hereunto , r�Ilf set my hand and affixed my official K •. I� . seal this /o -(A day of ` • : 7i 19 / 7 00 , � rr CITY CLERK CERTIFICATE . OF RECORD • STATE OF coun.y I ` A•.p.a L. K::Ilmcy-.r, Circ-it c!'rl; and Ex-01f. cio Recorder washin,:on county..do hereby certiiy tt,a. fhe annexed or fore- goin„ ins;r ia_nt c as ;Ilc,i1f(�/gr rreecorrd in my oo0`�ce on the day . . 1'/1 "clock / ;; a� d the s_aniee its of /� record / at age� T � . duty recorded in_t✓•PE day of o7A _ - witness my hand and seal this A MILLM Y R Circuit LM it clerk and Ex-Otfi o Recorded By Deputy clerk GEED . .O ! PAGE 4J I CERTIFICATE OF RECORD State of Arkansas SS City of Fayetteville I, Suzanne C. Kennedy, City Clerk and Ex-Officio recorder for the City of Fayetteville, do hereby certify that the annexed or fore- going is of record in my office and the same ap- pears in Ordinance & Resolution book I V at page Witness my i.iv of City C.c.;: �l.