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HomeMy WebLinkAboutOrdinance 2051 t� OR RECORD '74 SEP 27 AN 8: 03 ORDINANCE NO9 ds v74SHN'Gf0{, COUiNTY ARKAnSAS ALiM1 Lh1EYER AN ORDINANCE AMENDING ARTICLE IA OF CHAPTER 18 QF1111CLERK FAYETTEVILLE CODE OF ORDINANCES TO CLARIFY THE PROCEDURE FOR ESTABLISHING STREET IMPROVEMENT DISTRICTS IN THE CITY OF FAYETTE- VILLE , ARKANSAS : BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That Article IA of Chapter 18 of the Fayetteville Code of Ordinances is hereby amended to read as follows : Sec . 18 - 18 . Petition . Any person desiring to initiate the formation of a street improvement district shall file with the City Clerk a petition requesting the organization of a street improvement district and signed by persons claiming to be a majority in value , as shown by the last county assessment , of the owners of real property in the proposed district . Forms for this petition shall be available to any person at the Office of the City Clerk , and the City Engineer shall assist in the preparation of said petition by providing a legal description of the property to be included in the proposed district . Such petitiom may limit the cost of the improvement either to a fixed sum or to a percentage of the assessed value of the real property in the district . Sec . 18- 19 . Notice of Public Hearing on Sufficiencyof Petition . When persons claiming to be a majority in value , as shown by the last county assessment , of the owners of real property in a proposed street improvement district file with the City Clerk a petition for the organization of such an improvement district , it shall be the duty of the City Clerk to give notice that such petition will be heard at a meeting of the Board of Directors to be held more than fifteen days after the filing of such petition . Such notice shall be published once a week for two weeks , the last insertion to be not less than seven days before the date fixed for the hearing . The Mayor , if he sees fit , may call a special meeting , of the Board , of - Directors for the purpose of hearing such petition , such called meeting to be held not less than fifteen days after the date of the call and the notice of the hearing thereat to be published for the time and in the manner above stated . Sec . 18 - 20 . Hearing on Petition ; Ordinance Establishing District . At the time named in said notice , the Board of Directors shall meet and hear all owners of real property within the proposed district who desire to be heard on the question as to whether a majority in assessed value of property owners has signed the petition , and shall ` W make a finding of whether theicjiori is signed by a majority in MiC ,80CC,jr`y1 6-1918 REEL DkGB 874 PAGr[. 899 assessed value of such property owners . The finding of the governing body shall be expressed in an ordinance . If it finds that a majority has signed the petition , it shall then be its duty by the same ordinance to establish the district . The ordinance shall designate the boundaries of the district and shall also give the district a name descriptive of the nature of the proposed improvement and a number to prevent it from being confused with similiar districts ; The ordinance shall be published within thirty days after its adoption for one insertion in some newspaper published in the city ; and the findings of the governing body shall be conclusive unless attacked by a suit in the Chancery Court brought within thirty days after such publication . Sec . 18- 21 . Appointment of Commissioners . In the ordinance creating the district , the Board of Directors shall appoint three owners of real property therein as commissioners , who shall compose a Board of Improvement for the district . Such Board of Improvement shall have control of the construction of the improve- ments in the district . Sec . 18- 22 . Plans for Improvement . Immediately after their qualification , the Board of Improvement shall form plans for the improvement as prayed in the petition , and shall procure estimates of the costs thereof , For this purpose , the Board may employ such engineers and other agents as may be needful and may provide for their compensation which , with all other necessary expenditures , shall be taken as a part of the cost of the improvement . If for any cause the improvement shall not be made , said cost shall be a charge upon the real property in the district , and shall be raised and paid by an ad valorem tax upon the real property in the district as assessed for the state and county purposes , which shall be levied by the Board of Directors on the application of any person interested , and shall be paid to the Board of Improvement , to be distributed amoungst the creditors of the district . Sec . 18 - 22 . 1 . Board of Assessment . As soon as the Board of Improvement shall have formed said plan , and shall have ascertained the cost of the improvement , it shall report the same to the Board of Directors who shall appoint three electors of the City , who shall constitute a Board of Assessment of the benefits to be received by each lot or block , or other sub- division of land within said district , by reason of said proposed improvement . p Sec . 18 - 22 . 2 , Assessment of Benefits . DIED 874 FAGE900 The Board of Assessors shall at once proceed to inscribe in a book to be used for that purpose the description of each of said lots , blocks , or parcels of land and shall assess the value of the benefit to accrue to each of said lots , blocks , or said parcels of land by reason of such improvement , , which assessment of said benefits they' shall enter upon said book opposite the description thereof ; and they shall then subscribe said assessment and deposit it in the Office of the City Clerk , where it shall be kept and preserved as a public record . Provided , said assessment may be annually readjusted according to additional improvements placed upon the lands , when a succession of collections is necessary to pay for the improvements , Sec . 18 - .22 ; 3". Notice of Filing of Assessments . Immediately on the filing of said assessments , the ' City Clerk shall insert in some newspaper published inthe city , the following notice : " The assessment of Street Improvement District No . '._' was filed in my office on the, day of 1'9\< , and the same is now sub ect to inspection , Clerk of the City of Fayetteville , Arkansas . " Sec , 18 -22 . 4 . Appeal from Assessments to Board of Directors . Anyone whose real estate is embraced in said assessment may at any time within ten days from the giving ,o£ said notice file with the City Clerk in writing his notice of appeal from the action of said Board of Assessors in making said assessment of his property , which appeal shall be heard and disposed of at the next regular meeting of the Board of Directors , and on such appeal the matter shall be heard de novo on such evidence as may be adduced on either side . Sec . 18 -72 . 5 . Finding of Board of Directors . r ' The Board of Directors shall enter on its minutes the results of its finding on any such appeal , and shall cause ;a copy of its finding to be certified to said Board of Assessors , which shall make its assessment conform thereto if any change has been made therein by said Board of Directors . Sec , 18 -22 . 6 . Assessments Payable In Annual Installments ; It shall be provided by ordinance that the .local assessment of benefits shall be paid in successive annual installments so that the tax levied in any one year shall not exceed 25 percentum of the assessed benefits accruing to real property. Sec , 18822 . 7 Publication of Ordinance . Within thirty days after the passage of the ordjnance mentioned above , the City Clerk shall publish a copy , of it in some newspaper Kul ,.874 FbcF. 90i published and having a bona fide circulation in the City for one time . Within thirty days after such publication the district or any property owner may bring suit in chancery court for the purpose of correcting or invalidating such assessment ; but if such suit is not brought within that time all objections to the creation of the district or the validity of the assessment shall be forever barred and precluded . Sec . 18- 22 . 8 . Copy of Assessments Delivered to Collector . Within forty days after the passage of the ordinance mentioned above , unless the time be extended by the Board of Directors , the City Clerk shall deliver to the County Collector a certified copy of said assessment of benefits containing a description of said blocks , lots , and parcels of land in said district , and the amount assessed on each , duly extended against each lot , block or parcel of land , and a certified copy of the ordinance fixing the percentum to be collected each year . At the same time the City Clerk delivers to the County Collector a certified copy of the assessment of benefits , and the certified copy of the ordinance fixing the percentum to be collected , he shall deliver like said copies to the County Clerk . Sec , 18- 2219 . Annual Financial Report Required . The Commissioners of each street improvement district shall file an annual financial report with the City Clerk on or before the first day of March of each year , covering the financial affairs of their respective districts for the preceeding year . Such financial statements shall be certified and filed as herein provided by the chief financial officer of each such improvement district . Section 2 . That all ordinances , or parts of ordinances , in conflict herewith , and specifically Ordinance No . 1688 andl Ordin- ance No . 1737 , are hereby repealed . Section 3 . The _Board of . Directors determines .that . those city ordinances pertaining t6-the establishment of street improvement districts are unclear and ambiguous ; that as a result essential street improvements have been delayed . Therefore , an emergency is hereby declared to exist , and this ordinance being necessary for preservation of the public health and safety shall be in .full„force and effect from and after its passage and approval . ' - ' PASSED AND APPROVED THIS _ DAY OF APPR D : \ •, AT EST : v. t C MAYOR s.0, 814 ?Ac�. 902 CERTIFICATE STATE OF ARKANSAS CITY OF FAYETTEVILLE I . DARLENE WESTBROOK , City Clerk within and for the City of I Fayetteville , Arkansas , do hereby certify that the annexed and foregoing i is a true and correct copy of the Fayetteville , Arkansas ,_, //therein set forth , and the same is as it appears of Record in (YhL(1LtILKlO, YJCJt ��7�m� �. Volume �ly at Page thereof . I IN WITNESS WHEREOF , I have here - . � unto set my hand and affixed my µ ;;! official seal this C�61%- i� day of 19eW . a 4 C�RT11FICATE OF RECORD City Clerk SrATr 0' Ail .; " SS. W ..iu.r o t'_Jna L Alrra L. 'L I. ^:' Circuit clerk and Ex-Officio P.ecord ,r for i wsshin-ion Coun.y. do iterebJ oer'.I�y ! hzi .h . so.L :014C; Cia- �o:n;; ru. a' It was tiled for m:crli in �cy 0 ica on thooCC Y mat $—D3. .;-/—�' : nd ai e is record_ at F� "- I duly rccar:cJ i, witness cry +la•"•� and seal thi 1l KO vl . k Circuit Clerk and (•�{ j Ex-Officio Reporde ` Fnct �Ov 1 BY � V • Deputy clerk q �y CERTIFICATE OF RECORD State of Arkansas ( SS City of Fayetteville I, Suzanne C: .Kenned`y, City Clerk and Ez-Officio reconle' r'for the City df Fuyett ville, do hereby certify that the annc::cd or fore- going is of record in my office and the same ap- pears1 in Ordinance & Resolution book —L�at pageI q -6L Witness my hand and seal this — day of 19 City Clerk and E =`.)`ficin Recorder WIDINA"I No 20-11 nN MiDINIII A k:liii) ART[- IA O OF T I ro STATE of ARKANSAS r 1 Be. . { County of W J} IT > , f I I.E. AAKAN4AS: . . ".. • I IC 4 or _ I, .. ... . __ _ __ _ _ _ . - _ , hereby certify that I I Red as r am the Pubili er of THE NORTHWEST ARKANSAS TIMES, a dally - -ra III usis newspaper having a second class mailing privilege, and being not lees than ,. ' f.Iiyassle Was tour pages of five columns each, published at a fixed place of business and at " ^tul"III a tined (daily ) Intervals continuously in the City of Fayetteville, County of 86 ,I �, IT A majority Washington, Arkansas for more than a period of twelve months, circulated lt' -,i p nine and distributed from an established place of business to aubscribers and >,-::, . For n'r readers generally of all classes in the City & County for a definite price for "c ` each copy, or a fixed price per annum, which price was fixed at what is 1i1 "f ° considered the value of the publication, based upon the news value and in. m are- ' - 'I . , ,.' , ,r, ih.' (I near service value 1t contains, that at least tltty percent of the subscribers '' , ` 01je, ` "( fnrf thereto have paid cash for their subscriptions to the newspaper or its a eats ' r,� , n „� , roe _t er frr PB A n,ed fill e, or through recognized news dealers over a period of at least six months ; Ir" Talar I, r. Ari�fr ,r and that the said newspaper publishes an average of more than forty percent „ N�n pro or AnM1lic nearing ' news matter. r ncIII"r In he a m 11 .:, ,n�i�i��be ne Inst Cow. I further certify that the legal notice hereto attached in the matter of IT 1 1 , r to of w r Ili 1 I i I imp I n city CI nIT] for III, llrll 111111 Of /t c^ urn' ;pull CB r '. I o, give no n ,u• u91 n., he lots eA ,II Ae l er -n reemra was published to the regular dally issue of said newspaper for________. nays ,I I n � sure n OeseecIIttvR l¢eertiolyf ae follows : � Ilet week of y 7 eV ateancee The tire[ insertion on the _. ra 9.__ __.--.. day of ..--- --.------ 19! .- \I I if he eves brl TNK tmg not ley or I par of The ' Wt ' error w pd rnee ori the BBCO¢d insertion on the .. _. _._... ..._ day of -_------- 19 ____ not a Suri, o fifteen n Jaya l than d the Asea of the call and the notice l twdl the third Insertion on the -. __-. A Into t ro hP pubabove " - --- . day of ----- ------ 19------------ And fx the manner emw and the fourth insertion on the __ _ day o -- -- I ng DI met. { e , dl V 'aid roto. It nJ ,IA •ul meet and n n . [ � 1 r hn i r , rr ' nuIII na rrnrpev ,n. e ,.l 'nail Sworn to and subscribed before me on this _` ........ day of .-----_ '.'.m-,p a homer the nraniwi I Ir �I -- ----- - -- --------- -------- K ❑ [Ile p LA it , A�off, - .r.,n .Teale N ry Public detrriptlw of the nature . - , .n far •� .. 'An9 -, m,r-,li �,' n, hr�,a. ti-aA » .,n a. My Commission Expires: - 1 y7G II — „I he e n a ,h n 1 , , .Ani, in the 1 11 ll,'n (]�� ,. ., Fees 10r Prl¢tt¢g ........ {--_---.---- I "I ,I " I nI r creatine the Al Coot Of Proof , , along.... „' cal ? »'ho TORI --.:_.._..-- :_�i.l.•.y45 . ':relent for the dl ""-- ' I^ pro'•vnent shall Ire :f tie Irenrurtoll of the t In m. ,,: Ila Also If r Impmveietl�y In" f -' :[provemepl Y,than , - �: m Teets 9 ITT.. . '�r6er . . III -nil I ^roof ne mamas mrnt e.n '^e t Pnn,erl and t ralliedpal nnilu { ppomtl pnn rhe Mai r - - mtl cowne �puryoan, WhlcM1h - �levl me An mr . ea'rer' nr ne A,rrv» r. 1&22.1. Board of Aaegsment. Sac. Ili Pabllallm N Oromantt. l As soon as the Boats of Drtprwremettt shall haw formed said plan, hall and sWithin thirty data otter the passage j have aeeessainted the m t of the Ion- of the Cincinnati mentioned above, the pmvemmt, it Shan report the same b . city Cleric shall Publish a copy of It the EmM aDirector; who shall in name newspaper published and having three electors of the Clly, "h all a bona fide circulation In the City fort ronatttme a Board at Anaeeetnept ct one time. Wi�thn thirty days after such the benefibi W be Melved by each publication no district Or any ptoyertyl lot or block,. m Other subdivision Of owpv may bring soft to chancery court , land wlthW Said diMrkl by reasunof for River-the pMrpau of Connecting or I Mid pmpesed impersonal dating such a ummt: but it such suit sec. fill Aasm eM Of Benefits, Is not brought within that time all el The Board M Aseewon ahall at once tbm to the cremion m the district or proceed W inscribe In a book to be tas "tidily M the Assessment shall be used for that Purpou the descrlptWnl fomwr barred and precluded. of each of said lots, blocks, or parcels ' Seal 1822.9. Copy Of Aes<s cots Del of land end Mall &Amex the value of livered W Cnileciam. the benefit W avenue to each of say Within forty days After the MMge Iota, blocks, or veld parcels of land of the lice, bo a mentioned 'Ile unless by mason Of such Improvement, which ] tlmr be es`rvlrvl M1y Board oseaament of said benefits they Mall f pc r, ihr t' r r-C d lI neer upon said book opposite me dna. t '-'Py ;,Lee mareof: and of _ - imnR ,ibecrlbe say Mortensen�9 MW men a de al .na of , ,, I:,- l , , and in lire Office oI mi Clerk dwhere parcels of land In said district, and Mall O kept and it Clerkamf� as a the amomst Moment on each, duly ex- short t be ptpgded say tended against each lot, block or pareel be MnpallY readitrnledS�Ia of IoM, and a certified copy Of in( � aadditloml Improvemenb AttnMing ordinal" fixing ma pereenlum to bei, Placed upon collected each year. At the same time lands, where A succession of collec mS City Clerk delivery W the County n,�na b a9eeuary W pay for me Ion comments. Collector a certified copy of the assess- i Sec. 1&22.3. Nutt" of Filing of Assess- mets of benefits. And me certlfled copy .its of the mtlinance fixing the percentum . rd scala in IFA filing or said as- lo. be collected, he Mall deliver like iss to tho ti `' (;0 caI `hall hreerl 8e5ec�1&228. Annual Monty F nan'c el Report id ` +PaMr V.fu I1,Pr'd m the oily. Required. - + ` e)l'fe ' The Commissioners of each street . e assessment of Strom, Itngromp 'vepm"meM district shall Rte an annual nt District No, was cd In my financial report with the City Clerk on lire m um day of lu , end the nr before the first day of March of ase to now subject W inscoctinn. each year, covering the financial affairs Clerk or the City of of their respective districts for the pre- Fayetteville. Arkansas ceedinR year. Such financial statements :.e. 18_22.4. Appeal from Assessments shell be certlfled and filed as herein Roam M DirMme. provided by the chief financial officer Anyone whose real estate Is embraced I of each such Improvement district. nl ". 3eetlon 2. That all Ordinances, or parkari na a e<,mr-t aa ��r l of ordinances, in concoct herewith, and specifically Ordinance No. 1688 and Orch nonce No. 1734, ere hereby repealed. Section 3. The Board M D:recioes do . rid neessini or his properV' whmh termines that that those city ordinances per. app<al shell be beard And tlisph tailing W the eembliahment of street at the next regular meeting d the B m improvement districts sae unclear and of Directors, and on soft appeal the smblgucal that as a result essential ' ' matter .shail be heard de novo on such street Improvements have been delayed. ) ' evidence as may be adduced on either Therefore, an emergency is hereby de side. clarM W exist. and Wis om'manse being Sec. 18-2Z5. Finding of District Of Clear- necessary for preservation of the public tore. health and safety shall be in full force The Boom M Direclma shall enter aft effect from and after its passage on Its minutes the results of its finding and approval. on any such Appeal, and shall cause PASSED AND APPROVED THIS 17111 A copy of its finding to be certified DAY OF SEPTEMBER, 1944. W say Board of Assessore, which Mail APPROVENM Slake its assessment conform thereto RUSSELL T. PORDY if any change has been made therein MAYOR by said Board M Direcom ATTEST: Sec. 18-226. Assew is payable W Darlene Westbrook Annual Installments. CITY CLERK It shall be provided by ordinance that SEAL- Ce local Assessment of benefits shall ITC no said In stuxeesive annual inM!knenW v, that the tax levied in any one year +hall not exceed u cercenWm of the Rx'Pol Yt recall`s a ming to real pro perty