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