HomeMy WebLinkAboutOrdinance 4049 FILED
FILED FOR RECORD
097 AUG 15 AM 1130 ' 97 RUG 15 RSI 11 2C
MARILYII EDVIARDS ORDINANCE NO. 4049
CO . & PROBATE C ER WASHINGTON CO AR
WASF1111GTON• COL RDINANCE SUBMITTING TO THE VOTERSKOITIARii zSS
OF FAYETTEVILLE, ARKANSAS, AND OTHER
AFFECTED PERSONS, THE QUESTIONS OF ANNEXATION TO
SAID CITY OF 1 ,431 .61 ACRES, MORE OR LESS, OF
CONTIGUOUS TERRITORY.
WHEREAS, it appears to the City Council of the city of Fayetteville, Arkansas, that certain
hereinafter described territory contiguous to the said city of Fayetteville is necessary for the orderly
growth of said city; and,
WHEREAS, the lands, some of which are platted and held for sale or use as municipal lots
or whether platted or not, some of the lands are held to be sold as suburban property, represent the
actual growth of the municipality beyond its legal boundary; and,
WHEREAS, the lands are needed for proper municipal proposes; and,
WHEREAS, the lands are valuable by reason of their adaptability for prospective municipal
uses.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
Section 1 . That there shall be submitted to the qualified electors of the City of
Fayetteville, Arkansas, and of the following described area:
All of Section Thirteen ( 13), Township 16 North, Range 31 West, containing 640.0
acres, more or less;
AND
All of Section Fourteen ( 14), Township 16 North, Range 31 West, LESS AND
EXCEPT the South Half (S %:) of the Southwest Quarter (SW'/4) of said Section 14,
containing after said exception 560.0 acres, more or less;
AND
The East Half (E'/2) of the Northeast Quarter (NE'/4) and the Northeast Quarter
(NE'/4) of the Southeast Quarter (SE'/4) of Section Fifteen (15), Township 16 North,
Range 31 West, containing in the aggregate in said Section 15 , 120.0 acres, more or
less;
AND 5q1
�i'D 97054878
Page 2
Ordinance No . 4049
The Northeast Quarter (NE'/.) of the Northwest Quarter (NW'/4) of Section Twenty-
four (24), Township 16 North, Range 31 West, containing 40 acres, more or less;
AND
The North Half(N%2) of the Northeast Quarter (NEI/4) of said Section 24, LESS AND
EXCEPT a portion thereof described as follows: Beginning at the Southeast corner
of the Northeast Quarter (NE'/4) of the Northeast Quarter (NE /4) of said Section 24,
said point being in Densmore Trail Road and running North 45° 01 ' 00" West 550
feet; thence, leaving Densmore Trail Road, and running West 740 feet; thence South
391 .7 feet to the South line of said NE'/< of the NE'/, of Section 24; thence East along
said South line 1 , 127.4 feet, more or less, to the Point of Beginning, said exception
containing 8.40 acres, more or less. The total net acreage of said N%2-N'/< of Section
24 annexed herewith is 71 .61 acres, more or less.
The total net acreage of all sections annexed herewith and referred to hereinabove is
1 ,431 .61 acres, more or less.
the question of annexation of the territory described above to the city of Fayetteville, Arkansas.
Section 2. The question of annexation of the territory described above in Section 1 shall
be submitted to the electors qualified to vote on this issue at a Special Election to be held on
Tuesday, November 4, 1997. The City Clerk shall immediately notify the County Election
Commission by forwarding a certified copy of this ordinance.
Section3. If at such election a majority of the qualified electors voting in such election
shall vote for such annexation, the municipality shall proceed to file a description and a map of the
annexed area with the County Clerk of the county wherein the land lies and with the Secretary of
State. The annexation shall be included within the corporate limits of the annexing city thirty (30)
days following the filing of the description and map with the County Clerk, or in the event an action
is filed with the circuit court, on the date the judgment of said court becomes final. If a majority of
the qualified electors voting on the issue at the election vote against the annexation, the annexation
ordinance shall be null and void.
Section . If the annexation is approved and becomes final, the following services shall
be extended to the area within three (3) years:
Service Date
Police Protection Immediate
Fire Protection Immediate
Water Service Immediate
Page 3
Ordinance No . 4049
Sewer Service Available to existing development within 3 years
Sanitation Service Available to existing development within 6 months
Roads Pave existing roads within 3 years
Section 5 . The ballots used at said election on the question of annexation shall be marked
as follows:
❑ FOR annexation of the territory described in Ordinance No.4049.
❑ AGAINST annexation of the territory described in Ordinance No. 4O 4 9
PASSED AND APPROVED this 5th day of August t 1997.
APPROVED:
By: IW14�'w�
Fred Hanna, Mayor
ATTEST
By:
Traci Paul, City Clerk
I, Traci Paul, Clerk of the City of Fayetteville, Arkansas, hereby certify that
this ordinance was duly passes and approved by a two-thirds (2/3) vote of the total
number of the governing body of the City of Fayetteville, Arkansas, this 5th day
of August , 1997.
FFYE � , xaox e1
Traci Paul, City Clerk
�� City of Fayetteville, Arkansas
t, %1
_ .{r7 , -
9 '7054880
4 -
.0 00n 1.0000.
5280. UZEI
.27
G
Y. l
Q \ � <
L
'Q OZsi
cz p n u0o0s
~ OAZS
V :
rA ¢ z
O
�+ N
O ch
Out
Mil
Ln
tn
\O\�\\
3 �
�\\�.\ x d
Q� 096c \
ALUMS
r TCS N C
9.00.ON
096E
97054881
I, Kathleen Harness. Clrcu Clnrk and Ex-officio
Recorder for Washington County, Arkansas, do hereby
certify that this instrument was filed for record in my
office as indicated hereon and the same Is now duty
recorded with the acknowledgement and certificate
thereon in Record Book and Page as indicated thereon.
IN WITNESS WHEREOF, I have hereunto set my
hand and affixed the seal of said Court on the date indi-
cated hereon.
Kathleen Harness
Circ11uit Cie x-officio Recorder
by 5
ORDINANCE NO.4049 .ate• - -- ,
AN ORDINANCE SUBMIT- Section The ballots used at '
TING TO THE VOTERS OF , The North Half (NI/2) of the sore election on the question of
Northeast Quarter (NEI/4) of annexation shall be marked as y
THE CITY OF FAY
ND OTHEREVILLE, 'said Section 24, LESS AND EX- follows: STATE OF ARKANSAS V t. ! V
ARKANSAS, AND OTHER
AFFECTED PERSONS, THE CEPA a portion thereof ing at FOR annexation of the territory
QUESTIONS OF ANNEXA- bed as Follows: Beginning at SS.
TION TO SAID CITY OF Southeast comer of Northeast described in Ordinance No. AUG x L r] �0��
1,431 .61 ACRES, MORE OR Quarter (NE1/4) of the North- ice` County of Washington AU
LESS, OF CONTIGUOUS TER- east Quarter (NEI/4) of said
RITORY Section 24, said point being in ;AGAINST annexation of the
Densmore Trail Road and run- (territory described in Ordi- nq� e�
Hance No. gQgS. I, RANDALL COPE, herebycertify that I a �hI"ritlNSpWAOTyTHE
WHEREAS, it appears to the Hing North 45° O]' W" West 550 I y
City Council of the city of feet; thence, leaving Densmore PASSED ANo ArrliovED chi ' NORTHWEST ARKANSAS TIMES, a daily newspaper having a second
Fayetteville, Arkansas, that cer- Trail Road, and running West M
(= day ofAutass ma
, 1997. � class privilege, d being not lthan fpages of five
fain hereinafter described terri- 740 feet; thence East along said , g P ge, ang less an our P g
tory contiguous to the said City South line 1,127.4 feet, more or ,APPROVED: j columns each, published at a fixed place of business and at fixed (daily)
of Fayetteville is necessary for less, to the Point of Beginning, -
the orderly growth of said city; said exception containing 6.40 By: Fred Hanna, Mayor I intervals continuously in the City of Fayetteville, County of Washington,
and, acres, more or less. The total ATTEST. Arkansas for more than a period of twelve months, circulated and
net acreage of said NI/2-N1/4 By: Traci Paul, Ci Clerk '
WHEREAS, the lands, some of of Section 24 annexed herewith City distributed from an established place of business to subscribers and
which are platted and held for is 71.61 acres, more or less. ''I, Traci Paul, Clerk of the Ci readers generally of all classes in the Cit and Count for a definite rice
sale or use as municipal lots or 1 :of Fayetteville, Arkansas, here-
whether g y y y P
platted or not, some of The totar net acreage of all sec- I by certify that this ordinance for each copy, or a fixed price per annum, which price was fixed at what
the lands are held to be sold as tions annexed herewith and re- was duly passes and approved
suburban property, represent ferred to hereinabove is ' by atwo-thirds (2/3) vote of Is considered the value- of the publication, based upon the news value
the actual growth of the monk- 1,431.61 acres, more or less. the total number of the ovem- and service value it contains, that at least fiftypercent of the subscribers
,polity beyond its legal boon- g
dary; and, the question of annexation of I ling body of the City of Fayette- thereto have paid for their subscriptions to the ansasthis 5h da news r or its agents
ville, Ark , s 1a P g
the territory described above to Y of
WHEREAS, the lands are need- the city of Fayetteville, Arkan- I A.uglat 1997. or through recognized news dealers over a period of at least six months
ed for Proper municipal pro- sas. Traci Paul, Ci Clerk and that the said newspaper publishes an average of more than forty
poses' and, City of Fayetteville, Arkansas percent news matter.
Section 2. The question of an.
I _ PB
WHEREAS, the lands are val- nexation of the territory descri-
uable by reason of thew adapta- bed above N Section 1 shah be
bility for prospective municipal submitted to the electors quali-
uses. Sipe to vote nn this ,crane ata
Special EI further certify that the legal notice attached in the matter of
lection to be held on
NOW, THEREFORE, BE IT OR- Tuesday, November 4, 1997. i
DAINED BY THE CITY The City Clerk shall immedi- f4„C '1 , A
COUNCIL OF THE CITY OF ately notify the County Election v ` Y �/ • L s
FAYEITEVILLE,ARKANSAS- Commission by forwarding a '
certified copy of this ordinance.
Section 1. That there shall be � , was published in the regular daily issue of said newspaper for
submitted to the qualified elec- Section 3. U at such election al consecutive insertions as follows:
tors of the City of Fayetteville, majority of the qualified elec-
Arkansas, and of the following tors voting in such election
described area: shall vote for such annexation, The first insertion on the AM ° e ` D da of 19
the municipality shall proceed I y
All of Section Thirteen (13), to file a description and a map
township 16 North, Range 31 of the annexed area with the
West, containing 640.0 acres, County Clerk of the county the second insertion on the day of 19
more or less, l wherein the land lies and with
ANDthe Secretary of State. The an-
t, ' nexation shall be included the third insertion on the day of 19
All of Section Fourteen (14);: within the corporate limits of
township 16 North, Range 31 the annexing city thirty (3 111
nd
West, LESS AND EXCEPT the days following the filing of the and the fourth insertion on the day of 19
South Half (Sl/2) of the South- description amap with the
west Quarter (SWI/4) of said County Clerk, or in the event /
Section 14, containing after said an action is filed with the cir. L/J
exception 560.0 acres, more or I cuit court, on the date the judg- r
less; ment of said court becomes fi-
t nal. If a majority of the quaB-
AND fled electors voting on the issue Pub ler / General Manager
at the election vote against the
The East Half (E1 /2) of the 1 annexation, the annexation or-
Northeast Quarter (NEI/4) and dirunre shall be null and void.
the Northeast Quarter (NE1/4) Sworn to and subscribed before me on this
of the Southeast Quarter SecUoh4 If the annexation is O day Of
(15), To of the Section Fifteen approved and becomes final A ` 19 �. �°
(15), Township 16 North, Range, the fallowing services swath be /l /11 T7
31 West, containing in the ag-, lextended to the area within I 1
gregate in said Section 15, 120.01 ' three(3) years: (I
acres, more or less;
Service
AND - j Police Protection `
� i•• t Fire Protection
The Northeash,Qua r (NEI41� ' Water Service
of the NorthwTst Qudyterl Sewer Service ( CCCCCCCCCCCCCCCCC Notary Public
(NW1/4) of Seclion Twenty- Sanitation Service � CCCCICC
four (24), Township 16 North, Roads My Commission Expi c .V� t7AC Saff
Range 31 West, containing 40(� • 1 r Dgm 1� Ualat80f e'',�^''- ��
acres, more or fess; Immediate r My COplmaj mngw„ County rX
Immdiiare ,� «tcccc<cccccc���EXPcres 0yz7/O5 ,r)
Available to existing develop- Fees for Printing ....... ................. .............. ... ......�'i.. -
nC
� merit within 3 years.
IAvailable to existing develop-
ment within 6 months. Cost of Proof.............. ................. ............. .........$
1Pave existing roads within 3
years. G,,
Total...... ........ ... .................. ... ... ... .... ... ...............$ 24 oU
Qo`� 5oa4
CERTIFICATE OF WASHINGTON COUNTY BOARD OF
ELECTION COMMISSIONERS ASCERTAINING
AND DECLARING RESULTS OF SPECIAL ELECTION HELD
NOVEMBER 4 , 1997 cn
> ;.�, -�3
C=
r
STATE OF ARKANSAS
ss . m r
COUNTY OF WASHINGTON
We , the duly commissioned and acting Election Commissioners�0 a
Washington County , Arkansas do hereby certify that the following is aSt9e.0 ocn
and correct abstract of votes cast in the Special Election held in thT -;K m
City of Fayetteville , Arkansas ( The "City " ) , on the 4th day of November ,
1997 , on the question of Annexation to the City of Fayetteville of
1431 . 61 acres described in Ordinance # 4049 .
The results of the vote upon the question submitted
are as follows :
FOR annexation 1646
AGAINST annexation 2538
We further certify that the polls were open from 7 : 30 A . M . until
7 : 30 P . M . ; that only qualified electors of the City and the area to be
annexed were permitted to vote in said election ; that the duly appointed
judges and clerks made due returns of the votes cast ; that we canvassed the
votes as required by law .
IN TESTIMONY WHEREOF , we have hereunto set our hands this 4th
day of November , 1997 .
W SH GT COUNTY ELECTION COMMISSION
I- Lvk� Q —
J hn Lo r o Chairman
T m Lund rum Member
Dana Williams , Member