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Home My WebLink AboutOrdinance 3645 IL: :' . RECORD 9 ORDINANCE NO . 3645 ' y2 OCT Mill 1�7 r WASH ;v6i0N CO AR AN ORDINANCE AUTHORIZING EMINENT DOMA1iN< n � LMEYER PROCEEDINGS FOR THE CITY TO OBTAIN A 50 FOOT ar WIDE STREET AND UTILITY EASEMENT ACROSS RESERVED TRACT " C " IN COUNTRY CLUB ESTATES . t - r BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : u Section 1 . That the Board of Directors authorizes and directs the city attorney of the City of Fayetteville , Arkansas to initiate legal action in order to obtain a 50 foot wide by 190 foot long street and utility easement across the property described ; below : A ) Property located across reserved Tract " C " in County Club Estates , as more fully set forth in Exhibit "A" attached hereto and made a part hereof , and owned by : See Exhibit " B " , attached hereto and made a part hereof . Section 2 . That Russell J . Brophy and Juanita R . Brophy shall pay 100 % of the costs associated with the eminent domain LL action , including but not limited to survey , appraisal , court costs , compensation to the property owners as determined by negotiation or a jury , for attorneys fees , and construction of said street and utility lines . Section 3 . The Board of Directors hereby determines that the immediate acquisition of the above-described easements by eminent domain proceedings is necessary for the City to provide efficient street right-of-way and utilities services and that the provision of street right-of-way and utilities is essential to the public health , safety and welfare . Therefore , an emergency is hereby declared to exist and this ordinance being necessary for the public health , safety and welfare shall be in full force and effect from and after its passage and approval . PASSED AND APPROVED this 6th day of October 1992 . APPROVED : e . . . . . , By ✓. Mayor rATTEST : -City Cl �'. . 3 92 52003 CERT CASE Or RECORD State c° Arinmear. ( 5S cic (A Ta�m4.te<r 9n F, ?+ City Clerk and Tx- OfYLvo rec!:-rde.r for the Cidy of Fa �,.tce.ti?c, do hereby certify that the anrexe;i cs furz going is of record in my cv.Hce Rud the came appears in & Resolution book X V[ at �7 r fnc . my handand 9 S�r. lti r 1 ' E . B . Sparks Trust First National Bank of Fort Smith c / o Waye , Swoffard 602 Garrison Fort Smith , AR 72901 Ms . Esther A . Taylor 5901 Chippewa Trail Fort Smith , AR 72904 Ed and Rose Bethel 2221 South X Fort Smith , AR 72903 Jo Forsgren Trust Vick and Lyn Ward , Trustees 8308 Mile Tree Drive ort Smith , AR 72903 Mr . Carle Robbins 2609 S . Houston Fort Smith , AR 72901 Ms . Dorothy Loughridge 2609 S . Houston Fort Smith , AR 72901 Ms . Wanda Jean Andrews 2609 S . Houston Fort Smith , AR 72901 Ms . Patricia Mickel Haberle 5406 Carmel Court Tyler , TX 75703 Ms . Paulene Leach 6601 Eastgate Drive Fort Smith , AR 72903 Mr . H . L . " Hap " Schultz 8511 Royal Ridge Drive Fort Smith , AR 72903 Mrs . Duglas Walker 4223 South P Fort Smith , AR 72903 Phillip J . Taylor Attorney at Law P . O . Box 3392 Fort Smith , AR 72913 99 52004 .' � c E r O � � � L r O 2 Y � 4 ' ( y Y `. � F � ; ti � � � � � � � g � � � _ � � � & � e � i �' b � � � � � a STATE of ARKANSAS 1 J} ss. County of Washington I, hereby certify that I ORDINANCE NO. 3645 an th of THE NORTHWEST ARKANSAS TIMES, a dailynewspaper AN ORDINANCE AUTHOR. r , t . 1 J P IZING EMINENT DOMAIN r'. v +.. I '� =•• shaving a 3r'C � class mailing privilege, and being not less than four pages of five PROCEEDINGS FOR THE columns each, published at a fixed place of business and at a fixed (daily) intervals CITY TO OBTAIN A 50 WIDE STREET AND Itof continuously weWafor moreshington. EASEMENT 0 / 2 than aperiod of twelve months, and distributed from an established place ACROSS RESERVED of business to subscribers and readers generallyof all classes in the Ci and County TRACT • C" IN COUNTRY City CLUB ESTATES. FINANCE DE?T. for a definite price for each copy, or a fixed price per annum, which price was fixed BE IT ORDAINED BY THE at what is considered the value of the publication, based upon the news value and ser- BOARD OF DIRECTORS OF THE CITY OF FAYET- vice value it contains, that at least fifty percent of the subscribers thereto have paid TEVB.LE, ARKANSAS: cash for their subscriptions to the newspaper or its agents or through recognized news SECTION 1 . That the Board of Directors author- dealers over a period of a least six months; and that the said newspaper publishes an izes and directs the City At- average of more than forty percent news matter. torney of the City of Fayet- teville. Arkansas to initiate legal action in order to ob. I further certify that the legal notice hereto attached in the matter of tain a 50 foot wide by 190 ��--t foot long street and utility I l —I , ) ,T (I, I ✓� easement across the prop- ( u / Il A / 0. JU t l any describedlocated a re Property "C" i across reserved Tran ••c'• in coon- • was published in the regular daily issue of said newspaper for try Club Estates, as more consecutive insertions as follows: fully set forth in Exhibit "A' aaher hereto--end The first insertion on the I vl day of / V OcJ 19 q partn hereof, end owned by:: See Exhibit "6", attached hereto and made a part the second insertion on the day of 19 fiereof. Section 2. That Russell J. Brophy and Juanita R. Bre- the third insertion on the day of 19 phy shall pay 100% of the costs associated with the eminent domain action, in- and the fourth insertion on the day of 19 eluding but not limited to survey. appraisal, court costs. compensation to the property owners as deter- mined by negotiation ore Publisher General Mena er jury, for attorneys fees. and $ construction of said street and utility lines. Section 3. . The Board of day of Directors hereby deter- Swom to and subscribed before me on this mines that the immediate acquisition of the above- !�n `t-�I� 19q-c described easements by �QMIt1.JX/ l.. eminent domain proceed- ings is necessary for the City to provide efficient street right-of-way and utili- ties services and that the Not Public provision of street right•of- Notary way and utilities is essential to the public health, safety, and welfare. Therefore, an emergency is hereby deo- My Commission Expires: lared to exist and this ordi- nance being necessary for the public health, safety. C ) and welfare shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED Fees for Printing $ this 6th day of October, 1992. APPROVED: BY: Fred SCOSI Of Proof $ Mayor S. Vorsanger —gyp Q 7 ATTEST: Total $ y / BY: Sherry L. Thomas City Clerk