HomeMy WebLinkAboutOrdinance 3867 En -r
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ORDINANCE NO. 3867
AN ORDINANCE TO ESTABLISH AND LAY OFFz o —o 70
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' N o 3 rn
IMPROVEMENT DISTRICT NO. 1 - WILLINGTON PLACE (' o N o
PROJECT. w o
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WHEREAS, a Petition to form Fayetteville Municipal Property Owners' Improvement
District No. 1 - Willington Place Project has been filed with the Fayetteville City Clerk; and,
WHEREAS, notice of the filing of the petition for creation of such district has been
given by first class mail to the Mayor by the City Clerk; and,
WHEREAS, the City Clerk has presented said petition to the Mayor; and,
WHEREAS, the Mayor has set February 7, 1995 , at 6:30 p. m. as the date and time
for a hearing before the Fayetteville City Council for consideration of said petition; and,
WHEREAS, the Fayetteville City Council has determined from an abstractor's
certificate of property ownership that those signing said petition constitute all the owners of the
real property to be located in said district; and,
WHEREAS, the Arkansas Municipal Project Owners' Improvement District law
provides that if the governing body determines that all the owners of the real property to be
located in the district have petitioned for the improvements, it shall then be its duty by
ordinance to establish and lay off the district as defined in the petition and to appoint the
commissioners named in the petition; and,
WHEREAS, an ordinance establishing a municipal property owners' improvement
district does not create any possibility whatsoever that the City of Fayetteville could incur
financial liability.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS :
Section 1 . That the real property described in Exhibit A attached hereto and made
a part hereof is hereby established and laid off as Fayetteville Municipal Property Owners'
Improvement District No. 1 - Willington Place Project for the purpose of constructing and
installing facilities for waterworks, drainage, gas pipelines, underground trenches and
excavations necessary for the installation of electric and telephone distribution systems, sanitary
sewers, streets including curbs and gutters, and sidewalks, together with facilities related to any
of the foregoing within said district.
Section 2. The following three individuals are hereby appointed as commissioners
of said improvement district: William V . Martin, Donald J . Ginger, and Nan J. Ginger.
95008671
Page 2
Ordinance No. 3867
Section 3 . The name of said improvement district shall be Fayetteville Municipal
Property Owners' Improvement District No. 1 - Willington Place Project.
Section 4. The Fayetteville City Council hereby determines that there is a need for
additional infrastructure within the City and hereby determines that the passage of this
ordinance will facilitate construction of additional infrastructure within the City . 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 7th day of February 1995 .
APPROVED :
By : X4QA��
red Hanna, Mayor
ATTEST:
By :
Traci Paul, City Clerk
z u sEJ, wove
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,.
EXHIBIT "A"
Legal Description
Part of the fractional NW 'A and part of the NE 'A SW 'A of Section 1 , Township 16
North, Range 30 West, being more particularly described as follows: Beginning at a stone at
the Northeast comer of said Fractional NW 'A ; thence S 01 '49'32" W, 1317.72 feet to a 2"
pipe at the Northeast corner of said NE 'k SW IA ; thence S 02005'34" W, 516. 18 feet to a stone
on the North right-of-way line of Highway "45" , thence following said right-of-way
Southwesterly along a curve to the right having a radius of 7830.0 feet, an arc distance of
786.04 feet (chord - S 6914'27 " W, 785 .71 feet); thence S 72007' W, 122.25 feet to a 1 "
pipe; thence leaving said right-of-way N 01 " 57751 " E, 604.45 feet; thence N 84049136" E,
153 .03 feet; thence S 57` 21917" E, 287.23 feet; thence N 71029158" E, 183 .52 feet; thence
Easterly along a curve to the left having a radius of 225 .0 feet and central angle of 12620149" ,
an arc distance of 48.49 feet (chord - N 65019934" E. 48,39 feet); thence N 38023' 11 " W,
518. 17 feet; thence N 6609'43" W, 128.63 feet; thence N 88' 10'37 " W, 159. 19 feet; thence
N 0157951 " E, 1163 .79 feet to a found iron pin on the North line of said Fractional NW 'k ;
thence S 88042'59" E, 837.70 feet (deed - 841 .5 feet) to the point of beginning, containing
34. 35 acres, more or less.
95008673
rM
F, ;<aih!asn kiatneG4, Circult Clerk and
Ex-offk o Raaordor for Washington
CoLrty, Artareas, do hereby certify that
this :tn n;r w s t,lad for record in my
oto:» an !r a? 1 hat so, and the same
Is ,^o.r ,<aly raxrMd with the acknow-
lec"gcrnent end ccnthcate thereon in
Rccord Sccx and Page as Indicated
thmson.
IN WI NESS lMHIZRECF, l have here•
Unto ext my hand and atib:ad the Boal of
oald Coutt on tho data Indtcetiad hereon.
l:athiMi WanICSS
Ctmutt dnrX and
ax-affacw RecorWf
ABSTRACTOR ' S CERTIFICATE OF PROPERTY OWNERSHIP
Northwest Title Services , Inc . hereby certifies that the deed
records in the office of the Circuit Clerk and Ex-Officio Recorder
of Washington County , Arkansas , reflect that William V . Martin and
Carole W . Martin are all the owners of the record title to the real
property described in Exhibit " A" to the Petition to Form
Fayetteville Municipal Property Owners ' Improvement District No .
1 - Willington Place Project a copy of which Exhibit "A" is
attached hereto and made a part hereof .
DATED this day of , 1995 .
NORTHWEST TITLE SERVICES , INC .
BY • �l/'v
EXHIBIT " A•"
Legal Description
Part of the Fractional Nw 1 / 4 and part of the NE 1/ 4 SW 1 /4 of
Section 1 , Townrhip 16 North , Range 30 West , being more
particularly described as follows : Beginning at a atone at the
Northeact corner of said Fractional NW 1/4 ; thence S 01149132 " W ,
1317 . 72 fn. ct to a 2 " pipe at the Northoant cornor of raid NE 1 / 4
SW 1 / 4 ; thenen. S 02005 . 34 " W , 516 . 18 feet to a stone on tho North
right -of -way lino of Highway 0' 45 thence following said right -of -
way SouLhwostorly along a curve to the right having a radiuc of
7030 . 0 feet , an arc diotance of 786 . 04 feet ( chord = S 69014127 " W ,
785 . 71 feet ) ; thence S 72007 , W , 122 . 25 feet to a 1 " pipe ; thence
leaving said right - of -way N 01057 ' 51 " E , 604 . 45 feet ; thence
N 84049 ' 36 " E , 153 . 03 fcct ; thence S 57021117 " E , 287 . 23 feet ;
thence N 71029 ' 58 " E , 183 . 52 feet ; thence Easterly along a curve to
the left having a radius of 225 . 0 feet and central angle of
12020149 " 1 an arc distance of 48 . 49 feet ( chord - N 65019134 " E ,
48 . 39 foot ) ; thence N 38 ° 23 11 " W , 518 . 17 feet ; thence
N 66009143 ^ w , 128 . 63 fees ; thence N 88010 . 37 " W , 159 . 19 feet ;
thence N 0105751 *' E , 1163 . 79 feet to a found iron pin on the NorLh
line of said Fractional Nd 1/4 ; thence S B8042059 " E , 837 . 70 feet
( deed - 841 . 5 feet ) to the point of beginning . Containing 34 . 35
acres , more or less .
ORDINANCE NO. 3867 bit A attached hereto 'and
AN ORDINANCE TO ES- made a part hereof is STATE OF ARKANSAS
TABLISH AND LAY . OFF hereby established and laid
FAYETTEVILLE MUNICIPAL off as Fayetteville Municipal 55.
PROPERTY OWNERS' IM- Property Owners' Improve-
PROVEMENT DISTRICTmenl District No. 1 - Wu- County of Washington
NO . 1 - WILLINGTON lington Place Project for the
PLACE PROJECT. purpose ofconstructingand
WHEREAS, a Petition to installing facilities for water- 1, hereby cer-
formProp Fayetteville Municipal linesworks, drainage, gas pipe- of that I am the publisher of THE ORTHWEST ARKANSAS TIMES, a daily
Property Owners' Improve- lines, underground trenches y P }'
ment District No. 1 - Wil- and excavati8ns necessary newspaper having a second class mailing privilege, and being not less than four pages of
lingionbean
filed with the Fayette- electric and telephone disPlace Project nes for the installation of
bean five columns each, published at a fixed place of business and at a fixed (daily) intervals
filed
ville City Clerk: and, bution systems, sanitary continuously in the City of Fayetteville, County of Washington, Arkansas for more than
WHEREAS, notice o the sewers, streets including a period of months, circulated and distributed from an established lace of business
rfi H of the petition for cre- curbs and gutters, and Ile p
Cation of such district has sidewalks. together with fa- to subscribers and readers generally of all classes in the City and County for a definite price
!been given by first class cilities related to any of the for each co p per
,mail to the Mayor by the foregoing within said copy, or a fixed price rannum, which price was fixed at what is considered the
iCity Clerk: and, district. value of the publication, based upon the news value and service value it contains, that at
WHEREAS, the City Clerk Section 2. The following
nes presented said petition three individuals are hereby least fifty percent of the subscribers thereto have paid cash for their subscriptions to the
to the Mayor; and, appointed as commissioners newspaper or its agents or through recognized news dealers over a period of at least six
WHEREAS, the Mayor has of . said improvement dis- 1R months; and that the said newspaper P a r ublishesanavera g forty percent news
set February 7. 1995. at trict. William V. Martin, Do-
6:30 p.m. as the date and naid J. Ginger, and Nan J. matter.
time. for a hearing before Ginger.
the Fayetteville City Council Section 3. The name of
for consideration of said said improvement districts I further certify that the legal notice hereto attached in the matter of
petition; and, shall be Fayetteville Munici-
: WHEREAS, the Fayetteville pal Property Owners' Im- t /Y
City Council has determined provement District No. 1 It^ n
I
from an abstracter's certifi- Willington Place Project.
cate of property ownership Section 4. The Fayette-
that those signing said pati- villa City Council hereby de- was published in the regular daily issue of said newspaper for
tion constitute all the own- termines that there is a
ers of the real property to need for additional infra- consecutive insertions as follows:
located in said tlistrict, and, structure within the City
WHEREAS, the Arkansas and hereby determines that �'�
Municipal Project Owners' the passa::le . of this ordi- The first insertion on the -QS/2C,1 Cb A 1� C; IQ dayof19�
Improvement District law nsnce will facilitate con-
provides that if the govern- struction of additional infra-
ing body determines that all structure within Atha City the second insertion on the day of 19
the owners of the real and hereby determines that
property to be located in the passage of this ordi-
the district have petitionetl nsnce will facilitate con- the third insertion on the
for the improvements, it struction of additional intra- day of 19
shall then be its duty by or- structure with the City.
dinance to establish and lay ,Therefore an emergency is and the fourth insertion on the da of 19
off. the district as defined in hereby declared to Oxist. y
the petition and to appoint and this ordinance being
the 'commissioners namednecessary for the public �1 l: r� �L p '
in the petition; and. tnealth. safety, and weltero R f� �/ E 0 'jJ E
WHEREAS, an ordinance shall be in full force and at-
establishing a municipal fact from and after its pas- o
property owners' improve- sage and approval. FES Q
ment district does not cre- PASSED AND APPROVED [ T 1995 Publisher / General Manager
ate any possibility whet- this 7th day of February,
soever that the City of Fay- 1995 �t tI (1
etteville could incur financial APPROVED: FMANCE DEPT.
liability. By: Fred Hanna, Mayor
NOW, THEREFORE, BE IT ATTEST:
ORDAINED BY THE CITY By: Traci Paul
COUNCIL OF THE CITY OF City Clerk
FA V ET TE V I L L E --- - -
ARKANSAS:
Section 1. That the mal
property described in Exhi-
Swom to and subscribed before me on this aoG t - day of
�`pQn c c OP 1� 19CC9S
tory PublicMy Commission Expires:
OIG - OI - n
Fees for Printing .$ —1 - (0
Cost of Proof $
Total _$
