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HomeMy WebLinkAboutOrdinance 3272 ORDINANCE NO . 3272 FILED �JFOR RECORDMICROFILMED P87 AN. ORDINANCE ESTABLISHING WEDINGTON U DR VEAn 9 42 SEWER IMPROVEMENT DISTRICT NO , 1 , WA �f; ; ; :{; TnFJ COUNTY AR WHEREAS , parties claiming to be the ownersAW' PWUATiJAEiXy in value , as shown by the last county assessment ,CfR6flit]3tE1 operty located in the territory hereinafter described have iled a petition claiming that an improvement district be established for the purposes hereinafter set out ; WHEREAS , after due notice as required by law , the Board of Directors of the City of Fayetteville , Arkansas has heard all parties desiring to be heard , and has ascertained that said petition was signed by a majority in assessed value of the owners 0 of real property within said territory . NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : .,r Section 1 . There is hereby established an improvement district embracing the territory described in Exhibit " A" attached hereto and made a part hereof for the purpose of designing and i constructing a sewer collection system , and all necessary appur - tenances thereto , and to perform all necessary or desirable legal , equitable and other matters in connection therewith , as is determined to be appropriate by the Board of Improvement of such sewer district to be part of the sewer system of the City of li Fayetteville , Arkansas , Section 2 . Said district shall be known as Wedington Drive Sewer Improvement District No . 1 , Section 3 . Phillip Ezell , Russell P . Jack and Eudell Luttrell are hereby named as commissioners , who shall compose the Board of Improvement for said district . PASSED AND APPROVED this 2 day of June , 1987 . APPROVED By : lJlcQc , . J M yor AT1TS�m / C y `Clerk °U UBER i 227 PAST 717 2 . 05 ;ll \J EXHIBTr "A" The test fractional half of the Northwest Quarter of Section 18 , T16N , R30W, and the Fest fractional half of the Southwest Quarter of Section 7 , T16N , R30W, less and except that portion lying north and east of the old KCSM Railroad , and the South half and the South half of the Southwest Quarter of the Northwest Quarter of Section 12 , T16N , R31W, and the South half and the south half of the South half of the North half of Section 11 , T16N , R31W, and the East half of the Southeast Quarter and the East half of the West half of the Southeast Quarter and the South half of the Southeast Quarter of the Northeast Quarter and the Southeast Quarter of the Southwest Quarter of the Northeast Quarter of Section 10 , T16N , R31W, all in Fayetteville , Washington County , Arkansas . J uaER1227 ,*ArA18 CERTIFICATE OF RECORD 1, Alma Kollmeyer, Circuit Clerk and State of Arkansas Ex-officio Recorder lar Washington County, SS Arkansas, do hereby certify Ihrt this in- City of Fayetteville strument was filed for record in my office I, Suzanne C. McWethy, City Clerk and as indicated hereon and !he same is now Ex-Officio recorder for the City of Fayetteville, duly recorded with the acknowledgement do hereby certify that the annexed Or fore- and certificate thereon in Record Book and going is Of record in my office and the same ap. Page as indicated thereon. pears in Ordinance & Resolution book IN WITNESS WHEREOF, I have hereunto XLi set my hand and affixed the seal of said at page Witness my Court on the date indicated hereon. hand and seal this day of •, �r-7 / Alma Kollmeyer 7 9 ` ' Circuit Clerk and Lwtficio Racorda City lerk and Ex-Officio Rec r ORDINANCE NO. 3272 A N O R D I N A N C E E S T A B L I S H I N G WEDINGTON DRIVE SEWER IAPROVEMENT IDISTRICTNO. I . WHEREAS , pa rites claiming to be the owners Of a majoclaiming toy it value, as STATE Of ARKANSAS shown by the last county as. assessment, Of the property located In the .territory County of Washington hereinafter -described have filed a petition claiming that nn i•, y an improvement district be I - '�l�L /-7h hereby Certify that I -established for the purposes hereinafter setout; am the publisher of TA NORTHWEST ARKANS TIMES, a daily newspaper WHEREAS, after due having a second class mailing privilege, and being not less than four pages of notice as required by law, the Board of Directors of the five columns each. Published at a fixed place of business and at a fixed Ida ily) City of Fayetteville. Arkan- intervals continuously in the City of Fayetteville, County of Washington. Arkansas sas has heard all parties desiring to be heard, and has for more than a period of twelve months, circulated and distributed from an ascertained that said peti- established place of business to subscribers and readers generally of all classes tion was signed by a maiori- in the Cit and Count for a definite rice for each co p p ty in assessed value of the Y Y P copy, or a fixed rice per owners of real property annum, which price was fixed at what is considered the value of the publication, within said territory. NOW. THEREFOREBE based upon the news value and service value it contains, that at least fifty percent NOEFO • IT ORDAINED BY THE of the subscribers thereto have paid cash for their subscriptions to the newspaper BOARD OF DIRECTORS or Its agents or through recognized news dealers over a period of at least six OF THE CITY FA months: and that the Said newspaper publishes an average Of more than forty TEVtion 1 . hereisARKANSAS: Section established There is hereby percent news matter. distri an improvement district embracing the ter- ritory described in Exhibit I further certify that the legal notice hereto attached In the matter of "A" attached hereto and made a part hereof for the purpose of tlesignin9 constructing a sewer collect / L( Q. zt-£� tion system, and all neces- sary appurtenances thereto, _ and to perform all necessary was published in the regular daily issue of said newspaper for or desirable legal, equitable consecutive insertions as follows: and other matters in connec- tion therewith, as is deter- p �� ( mined to be appropriate by The first Insertion on the O{..1= day of -�ti 19 d7 the Board of Improvement Of such sewer district to be part of the sewer system of the second Insertion on the day of 19 the City of Fayetteville, Arkansas. I ' 1 Section 2. Said district the third insertion on the day of 19 shall be known as Wedington rive Sewer improvement irict No. 1 . I? and the fourth insertion on the av—of 19 Section 3. Phillip Ezell. Russell P. Jack and Eudell Luttrell are hereby named j; as commissioners, who shall y� compose the Board of Im- S rn to and subscribed before me :'on this `�� Uv day of provement for said district. PASSED AND APPROV, ED this2tlay o/ OV (tiyC t, q � APPROVED . . By : Marilyn Johnson - Mayor ATTEST r NO ry Public By : Suzanne C. MCWethy City Clerk EXHISIT " l MV Commission EX ires: The West fractionaal hall of P the Northwest Quarter of Section 18, T16N, R30and ha the west fractional half of the Southwest Quarter of Section r. T16N. R30W. less and except that portion lying north and east 01 the old KC&M Railroad, and the South half and the South half Fees for Printing of the Southwest Quarter of the Northwest Quarter of Section 12, T16N. R31W, and Cost Of Pro0f — the South half and the south half of the South half of the North half of Section n. Total T16N, R31W, and the East _ halt of the Southeast Quarter and the East half Of the West half of the Southeast Quarter and the South half of the Southeast Quarter Of the Northeast Quarter and the Southeast Quarter of the Southwest Quarter of Ine Northeast Quarter of Section 10, T16N, R31 W, all in F ayet i feville, Washington County Arkansas. S • �� • MICROFILMED WEDINGTON DRIVE SEWER IMPROVEMENT DISTRICT OATH OF OFFICE OF COMMISSIONERS I . Leonard Harris , do solemnly swear ( or affirm) that I will support the Constitution of the United States and the Constitution of the State of Arkansas , and that I will faithfully discharge the duties of the office of Commissioner of Wedington Drive Sewer Improvement District No . 1 , upon which I am now about to enter , and I will not , either directly or indirectly , be interested in any contract made by the board . T6nard Harris Subscribed and sworn to before me this 2Z day of June , 1988 , W, Notary Public MY COMMISSION EXPIRES : i MICROfltMeU ac -raez� 25 EAST CENTER STREET FAYETTEVILLE. ARKANSAS 72701 • TELEPHONE 15011 521-5555 Susan McWethy City Clerk 113 W . Mountain Fayetteville , AR 72701 Re : Wedington Drive Sewer improvement District No . 1 Dear Susan : Enclosed is a piece of paper signed by Keith L . Schultz , reflecting changes in ownership in the Improvement District . This should be placed in the file of the improvement District in your office . It has been filed with the Washington County Tax collector . Si ! /e/rel/y , Richard P . Osborne RPO : dl RECEIVED CITY CLERK'S OFFICE Parcel N Owners Name Benefit 765 - 16216 - 000 Jack , Russell 13 , 286 765 - 16216 - 001 Clevenger , Clifford W . 3 , 321 765 - 16216 - 002 Smith , Wesley E . 9 , 163 3 3 —765 - 16211 -000 Mabry , Sam 9 , 449 765 - 16211 - 001 Mabry , Larue R . 859 765 - 09730 - 000 Laney , Joe ( 0 . 72 Acres ) No Change ,: 1KA -765 - 16124 - 001 Robbins , Mason G . 6 , 013 765 - 16124 - 000 Clevenger , Charles B , 859 SS4 - 765 - 16234 - 001 Atwood , Daniel 1 , 887 q6 - 765 - 16234 - 002 Atwood , Daniel 2 , 610 765 - 16234 - 000 Garrison , Randall W . 2 , 129 765 - 16236 - 000 Garrison , Randall W , 434 765 - 16237 - 000 Garrison , Randall W , 8 , 402 765 - 16212 - 000 Clevenger , Cecil 3 , 436 ��A - 765 - 16212 - 001 Clevenger , Cecil 50154 MEU WEDINGTON DRIVE SEWER IMPROVEMENT DISTRICT OATH OF OFFICE OF COMMISSIONERS I , Phillip Ezell do solemnly swear ( or affirm ) that I will support the Constitution of the United States and the Constitution of the State of Arkansas , and that I will faithfully discharge the duties of the office of Commissioner of Wedington Drive Sewer Improvement District , upon which I am now about to enter , and I will not , either directly or indirectly , be interested in any contract made by the board . Phillip E 1 Subscribed and sworn to before me this Se/ day of Vi➢nJc 1987 , Notary Public My Commission Expires : `f- S - 93 FILED 'vl AAY OFFICE THIS _ DAY OF 19 67 �; / City ck)A WEDINGTON DRIVE SEWER IMPROVEMENT DISTRICT OATH OF OFFICE OF COMMISSIONERS I , Russell P . Jack , do solemnly swear ( or affirm) that I will support the Constitution of the United States and the Constitution of the State of Arkansas , and that I will faithfully discharge the duties of the office of Commissioner of Wedington Drive Sewer Improvement District , upon which I am now about to enter , and I will not , either directly or indirectly , be interested in any contract made by the board . Russ J/ h Subscribed and sworn to before me this day of 1987 . 4,j POS Notary Public My Commission Expires : FILED IN 1AY OFFICE THIS DAY OF 19,37 ��City Clork WEDINGTON DRIVE SEWER IMPROVEMENT DISTRICT OATH OF OFFICE OF COMMISSIONERS I � Eudell Luttrell , do solemnly swear ( or affirm ) that I will support the Constitution of the United States and the Constitution of the State of Arkansas , and that I will faithfully discharge the duties of the office of Commissioner of Wedington Drive Sewer Improvement District , upon which I am now about to enter , and I will not , either directly or indirectly , be interested in any contract made by the board . Eudell Luttrell Subscribed and sworn to before me this o;) n,4 day of .7Ct /V Q_ 1987 , (W 4ov� Notary Public My Commission Expires : FILED IN MY OFFICE THIS DAY O ig 37 'i7y Cl. Ck a NORTHWEST ENGINEERS , INC . 524 W. SYCAMORE ST. • P.O. BOX 1173 • FAYETTEVILLE , ARKANSAS 72702 • (501 ) 443- 4535 June 3 , 1987 City Clerk City of Fayetteville 113 W . Mountain Fayetteville , AR 72701 Re : Wedington Drive Sewer Improvement District No , 1 Gentlemen : Enclosed are the plans and specifications for the referenced improve - ment district . We are submitting these pursuant to Ark . Stat . Annot , Sections 20 - 301 and 20 - 401 , and other applicable law , and at the instruction and on behalf of the Board of Improvement of said district . The estimated costs of the imrpovements include : Basic sewer service for district (Note 1 ) . . . . . . . . . . . $ 920 , 000 . 00 Ozarks Electric service (Note 2 ) . . . . . . . . . . . . . . . . . . . . $ 402000 . 00 Oversizing (Note 3 ) . . . . . . $ 280 , 000 .. 00 Other expenses ( Note 4 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1202000 . 00 TOTAL . . . . 1 . . . . . . . $ 1 , 360 , 000 . 00 After the city contributions ( explained in the attached notes ) the Board of Improvement expects the bond issue to be under $ 600 , 000 . 00 . Sincerely , Harry G . Gray , P . E . HGG / kd Attachment FILED .,IN MY OFFICE THIS _QDAY OF uML_ 1911 City Clerk Note 1 : City contribution 50 % of amount shown . Note 2 : City contribution 100 % of amount shown . Note 3 : Included at request of City . City contribution 100 % of amount shown . Will oversize basic service to provide for future development and annexation of lands outside of district . Note 4 : No City contribution . Includes expenses for legal services , bond underwriters and counsel , easement acquisition , interim financing , and etc . Engineering fees are included in amounts shown with Notes 1 , 2 and 3 .