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HomeMy WebLinkAboutOrdinance 4496 ORDINANCE N0. 4496 AN ORDINANCE TO AMEND ORDINANCE NO. 4447 CODIFIED AS §159.02 OF THE UNIFIED DEVELOPMENT CODE TO REPEAL SUBSECTION F. REFUNDS AND ENACT A NEW SUBSECTION F. REFUNDS TO CONFORM TO NEW STATUTORY REQUIREMENTS WHEREAS, Act 1719 of 2003 was recently passed by the legislature and signed into law by Governor Huckabee; and WHEREAS, Act 1719 requires existing impact fee ordinances to comply with the refund of unexpended impact fees as prescribed in Act 1719. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council of the City of Fayetteville, Arkansas hereby repeals §159.02 F. Refunds and in its stead adopts and enacts the new §159.02 F. Refunds as stated below: "F. Refunds. "1. The City of Fayetteville shall refund the portion of collected development impact fees, including the accrued interest that has not been expended seven (7) years from the date the fees were paid. Interest shall be based on a four percent (4%) annual rate. "2. A refund shall be paid to the present owner of the property that was the subject of new development and against which the fee was assessed and collected. "3. Notice of the right to a refund, including the amount of the refund and the procedure for applying for and receiving the refund, shall be sent or served in writing to the present owners of the property no later than thirty (30) days after the date which the refund becomes due. The sending by regular mail of the notices to all present owners of record shall be sufficient to satisfy the requirement of notice. "4. The refund shall be made on a prorata basis, and shall be paid in full no later than ninety (90) days after the date certain upon which the refund becomes due. "5. At the time of payment of the water or wastewater impact fee under this Ordinance, the Impact Fee Administrator shall provide the applicant paying such fee with written notice of those circumstances under which refunds of such fees will be made. Failure to deliver such written notice shall not invalidate any collection of any impact fee under this Ordinance." /a %* .�f AYErt ` PASSED and APPROVED this the 17th day of June, 2003. ir � � ,P APPRO lrr .; . �r By: mil DAN COODY, Ma 6�B M`ta TTEST: By: 0�2cw✓ Sondra Smith, City Clerk NAME OF FILE: Ord. No. 4496 CROSS REFERENCE: Item # Date Document 1 06/17/03 Ord. No. 4496 2 06/04/03 Staff Review Form w/attachments: draft ordinance memo to mayor city/council 3 06/20/03 memo to Dawn Warrick NOTES: NORTHVAST ARKANSAS *)ITION Arlsas Deme `' '1 `�i 'e �� AFFIDAVIT OF PUBLICATION I , do solemnly swear that I am Legal Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas Times newspaper, printed and published in Lowell , Arkansas , and that from my own personal knowledge and reference to the files of said publication , that advertisement of: .,� �7% Co was inserted in the regular editions on PO# t9o-aw/S4-,-&j ** Publication Charge: $ �3�• 9�0 Subscribed and sworn to before me this L, Z da a , 2003. y O ry Pu is My Commission Expires: ,moi - 14) 1 *' Please do not pay from Affidavit. An invoice will be sent. _ OFFICIAL SEAL SHERI DENISE SUTTON JUN 3 0 2003 Ndl'ARY PUBLIC , ARKANSAS C+r, c _ WASHINGTON COUNTY cm CLEWS OFFOE i COMMISSION EXP. 05/01 /07, 212 NORTH EAST AVENUE • P.O. BOX 1607 FAYETTEVII I F, ARKANSAS 72702 (501 ) 442-1700 ORDINANCE NO. "ca AAS ORDINANCE TO AMEND ORDINANCE NO dC47 COD §159.02 OF THE UNIFIED DEVELOPMEM CIODEFITOED REPEAL SUBSECTION F. REFUNDS AND ENACT A NEW UB SSECTION F. REFUNDS TO CONFORM TO NEW STATUTORY REQUIREMENTS, 4mawk.J c WHEREAS, Act 1719 of 2003 was recent q, City V, r 1e Huckabae; and N Passed the legoiature am sl rdd into law by Governor WHEREAS,alt 1719 radited In Act impact fee ordinance" to con"PN whh the refund of une nd§rl Impact fees a" Prescribed In Act 1719. NOW THEREFORE, DE R ORDAINED DY THE CITU COUNCIL OF THE CITU OF FAyE{TEVILLE ARKANSAS; Section 1. That the city COundl of the Gty of FayepeNge:Aihansag and in It" stead adopts and eructs Ore new §159.02 F, Idreby repeal" §159.02 F Rehrdy 'F. Refunds. ReXatls assorted below: 4" The accruedMerest t that has not bean egu� not coladed devetopmed impact fees, irded Ne shall be based on a four Portent (4%) arnual rate. (7) yeare from the date the fees were Pale. Interest '2. A refund anal be Paid to the Present owner of the assesseproporty that fees the snrq'eci of new tlevelopmerlt and against which the tae was d and collected, 03. Notice of the right to @ refund, includN the amount of ere refund and the procedure for epplydg pi and receMng the Ys nd,after "hall be Sent or served in w urV to the Present owners of the Property np Ig¢¢rr then thiM'(30) tlays after the date which Xie refund bac&ne" due. The "endwQ by, bi p U of the Mdcea to all prasaht owners Of recent shah be sWfigant 10 satisfy the repnnrement of echoe. 'A. The rated Moll be made on a pro rata basis and "ha4 be Paid in fel no later than ninety (90),'daye after ed data certain upon wHch me refundoec&nes due. 'S. At the dme of p IMM of Ne wet&or waslevrdt& MM fee under ills OndirWnca, the snPact Fe; Undaf Which refunce of Adrneran t& Shall Provide the aPdidMI Paying such fee with written ratite of edea he knee ar ; fiNdWeteerty collection of such fees feel he rr MIS OrdY oto.tlefher such written noliCs gdp "IT and ImpaS fee under Mad APPRED &d APPROVED M, the 17th Clay of June. 2003, OVED: By: DAN GOOBYCOOBY Mayor ATTEST BY: Stndra Blnlih, CIS y Clark NORTHVAST ARKANSAS WITION A&insas Democnit 7005azeW MICROFILMIED AFFIDAVIT OF PUBLICATION I, ,; do solemnly swear that I am Le al Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas Times newspaper, printed and published in Lowell , Arkansas, and that from my own personal knowledge and reference to the files of said publication , that advertisement of: was inserted in the regular editions on PO# ** Publication Charge : $ (U% X/15) Subscribed and sworn to before me this day of 12003. RECEIVED Ei 'JUN 3 0 2003 CITY OF FAYETTEVILLE Notary Public CITY CLERK'S OFFICE My Commission Expires: -1 -0 --_ ORDINANCE NO. dd97 - 1�; AN ORDINANCE TO REPEAL§ 117.87 tC) (2) HORSES OF THE ** Please do not pay from Affidavit. FAYETTEVILLE CODE AND ENACT A NEW § 117.87 (C) (2) -;.H HORSES An Invoice will be sent. BE IT ORDAINED BY THE CITY COUNCILOF THE CITY OF FAYErrEVL ILE. ARKANSAS: I M. Of Fayetteville Section 1. That the City Council of the City of Fayetteville. Arkansas hereby repeals § 117.87 (CIyr2J; Horses of the FeyefteAe Code and anects a new § 117.87 (C) (2) Horses as stwwn below: ( OFFICIAL SEAL '117.87 (C) (2) Horses. —_ SHERI DENISE SUTTON 'UNess thB opereto wk e o f�a<M a horse or pony rids keeps all r las mountall horses or po Yes aaoquatey entl safely tetharetl to a dng apparatus, the operator, holder or hentller shell ensure that every NOTARY PUBLIC . ARKANSAS rider wears a bicycle-type safety helmet wt918 ddlrg on horseback.• WASHINGTON COUNTY PASSED and APPROVED this the 17th day of June, 2003. ,OMMISSION EXP. 05 /01 07 APPROVED: By: CAN GOODY, Mayor ATTEST: BY: Sondra Smith, City Clerk 212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501 ) 442-1700 FAYETTENILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Dawn Warrick Planning Division From: Clarice Buffalohead-Pearmanm City Clerk's Division Date: June 20, 2003 Re: Ordinance 4496 Attached hereto is a copy of the above ordinance passed by the City Council, June 17, 2003, repealing § 159.02 F. Refunds and replacing it with new section F. Refunds. The original ordinance. will be microfilmed, filed in the city clerk's office and published in a newspaper of general circulation per Arkansas statutes. If anything else is needed please let the city clerk's office know. /cbp Attachment(s) cc: John Goddard, IT Scott Caldwell, IT Clyde Randall, IT Ed Connell, Engineering pQ D 71z03 CITYITTORNEY AGENDA REQUEST FORM gfea FOR: COUNCIL MEETING OF June 17, 2003 FROM: City Attorney Kit Williams ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance To Amend Ordinance No. 4447 codified as §159.02 of the Unified Development Code to repeal subsection F. Refunds and enact a new subsection F. Refunds to conform to new statutory requirements APPROVED FOR AGENDA: 6; o � City Attorne Date 4W ,A�x 6, y") 3 Chief dministrative Officer Date Mayor Date FAYETTEA LLE THE CITY OF FAYETTEVIEEE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHTPAKER, ASST. CITY ATTORNEY LEGAL DEPARTMENT DEPARTMENTAL CORRESPONDENCE TO: Dan Coody, Mayor City Council FROM: Kit Williams, City Attorney DATE: June 4, 2003 RE: Impact Fee Ordinance - Amendment of Subsection F. Refunds We are required by state law to confirm our new Impact Fee Ordinance to the refund requirements found in the new state law . Therefore, I have basically quoted the new state law in the proposed amendment to our ordinance. I have also reduced the interest rate for unspent impact fees (if that occurs) from 5 % to 4 % per annum because of the request of Alderman Shirley Lucas. Subsection 5 was in our original ordinance, but not required by state law. I assumed you would want to keep this notice provision in the revised Refund section. ORDINANCE NO. AN ORDINANCE TO AMEND ORDINANCE NO. 4447 CODIFIED AS §159.02 OF THE UNIFIED DEVELOPMENT CODE TO REPEAL SUBSECTION F. REFUNDS AND ENACT A NEW SUBSECTION F. REFUNDS TO CONFORM TO NEW STATUTORY REQUIREMENTS WHEREAS, Act 1719 of 2003 was recently passed by the legislature and signed into law by Governor Huckabee; and WHEREAS, Act 1719 requires existing impact fee ordinances to comply with the refund of unexpended impact fees as prescribed in Act 1719. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council of the City of Fayetteville, Arkansas hereby repeals §159.02 F. Refunds and in its stead adopts and enacts the new §159.02 F. Refunds as stated below: "F. Refunds. "1. The City of Fayetteville shall refund the portion of collected development impact fees, including the accrued interest that has not been expended seven (7) years from the date the fees were paid. Interest shall be based on a four percent (4%) annual rate. "2. A refund shall be paid to the present owner of the property that was the subject of new development and against which the fee was assessed and collected. "3. Notice of the right to a refund, including the amount of the refund and the procedure for applying for and receiving the refund, shall be sent or served in writing to the present owners of the property no later than thirty (30) days after the date which the refund becomes due. The sending by regular mail of the notices to all present owners of record shall be sufficient to satisfy the requirement of notice. "4. The refund shall be made on a prorata basis, and shall be paid in full no later than ninety (90) days after the date certain upon which the refund becomes due. "5. At the time of payment of the water or wastewater impact fee under this Ordinance, the Impact Fee Administrator shall provide the applicant paying such fee with written notice of those circumstances under which refunds of such fees will be made. Failure to deliver such written notice shall not invalidate any collection of any impact fee under this Ordinance." PASSED and APPROVED this the 17th day of June, 2003. APPROVEDDRA wt By: DAN GOODY, Mayor ATTEST: By: Sondra Smith, City Clerk