HomeMy WebLinkAboutOrdinance 4514 ORDINANCE NO. 4514
AN ORDINANCE TO ESTABLISH AND LAY OFF
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS'
IMPROVEMENT DISTRICT NO. 5 - APPLEBY
LANDING PROFESSIONAL CENTER
WHEREAS, a Petition to form Fayetteville Municipal Property Owners'
Improvement District No. 5 has been filed with the Fayetteville City Clerk; and
WHEREAS, the City Clerk has presented said petition to the Mayor; and
WHEREAS, Ark. Code Ann. Sec. 14-94-106 (2) provides that the Mayor
shall thereupon set a date and time, not later than 15 days after the date of the
presentation of the petition to the mayor, for a hearing before the governing
body for consideration of the 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, Ark. Code Ann. Sec. 14-94-106(b)(2) provides that if the
governing body determines that all of 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 as named in the petition.
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. 5 for the purpose of
constructing or maintaining facilities for waterworks, recreation, drainage, gas
pipelines, underground trenches and excavations necessary for the installation
of electric and telephone distribution systems, sanitary sewers, streets and
highways, 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: Ben Israel, Phil Phillips and Tom
Muccio.
Section 3: The name of said improvement district shall be Fayetteville
Municipal Property Owners' Improvement District No. 5 -- Appleby Landing
Professional Center.
PASSED and APPROVED this the 1611, day of September, 2003.
f AY E rq APPROVED:
j 4,7 DAN COODY, Mayor
4 of
T:
SONDRA SMITH, City Clerk
RFr "A irr)
BEFORE THE CITY COUNCIL OF FAYETTEVILLE, ARKANSI�r, 2003
CITY
CITY CLERK'S OFFICE
PETITION TO FORM FAYETTEVILLE MUNICIPAL PROPERTY OWNERS'
IMPROVEMENT DISTRICT NO. 5 — APPLEBY LANDING PROFESSIONAL
CENTER
For its petition to form Fayetteville Municipal Property Owners'
Improvement District No. 5 — Appleby Landing Professional Center, Investors
Realty, LLC, an Arkansas Limited Liability Company, states:
1 . Petitioner is the record title owner to all of the real property
described in Exhibit "A" attached hereto and made a part hereof as reflected by
the deed records in the Office of the Circuit Clerk and Ex-Officio Recorder of
Washington County, Arkansas. All of said property is located within the
corporate limits of the City of Fayetteville, Arkansas.
2. Petitioner desires that the real property described in Exhibit "A"
attached hereto and made a part hereof be laid off into a Municipal Property
Owners' Improvement District pursuant to Ark. Code Ann. Section 14-94-101 et
seq . for the purpose of constructing , and maintaining facilities for waterworks,
recreation, drainage, gas pipelines, underground trenches and excavations
necessary for the installation of electric and telephone distribution systems,
sanitary sewers, streets and highways including curbs and gutters, and
sidewalks, together with facilities related to any of the foregoing .
3. Petitioner desires that the district shall not cease to exist upon the
construction of the improvements, but it shall continue to exist for the purpose of
preserving, maintaining , and operating the improvements, replacing equipment,
paying salaries to employees, and performing any other functions or services
authorized in Ark. Code Ann. , Title 14, Chapter 94.
4. Petitioner names the following three (3) individuals to be appointed
as commissioners of the district: Ben Israel, Phil Phillips and Tom Muccio.
5. Petitioner proposes that the name of the district be Fayetteville
Municipal Property Owners' Improvement District No. 5 — Appleby Landing
Professional Center.
WHEREFORE, Investors Realty, LLC, an Arkansas Limited Liability
Company, petitions the City Council of Fayetteville, Arkansas, to adopt an
ordinance establishing and laying off the real property described in Exhibit "A"
attached hereto and made a part hereof into Fayetteville Municipal Property
Owners' Improvement District No. 5 — Appleby Landing Professional Center for
the purpose of constructing and maintaining facilities for waterworks, recreation ,
drainage, gas pipelines, underground trenches and excavations necessary for
the installation of electricity and telephone distribution systems, sanitary sewers,
streets including curbs and gutters, and sidewalks, together with facilities related
to any of the foregoing .
DATED this a 3 day of August, 2003.
Investors Realty, LLC
An Arkansas Limited Liability Company
By:
Ben Israel, Trustee/ Member'bf
Financial Realty, LC, Manager
SURVEY DESCRIPTION Airstrip Tract:
A PART OF THE NW1 /4 OF SECTION 35, TOWNSHIP 17 NORTH , RANGE 30 WEST,
FAYETTEVILLE, ARKANSAS . BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE NW CORNER OF THE S1 /2 OF THE NW1 /4 OF THE NW1 /4 OF SAID
SECTION 35; THENCE ALONG THE NORTH LINE OF SAID S1 /2 OF THE NW1 /4 OF THE
NW1 /4 S87'23'29"E 383.82 FEET; THENCE LEAVING SAID NORTH LINE S02*31 ' 13"W
316.46 FEET; THENCE N8805510311W 1 .47 FEET; THENCE S02,49'26"W 101 .31 FEET;
THENCE S02049' 14"W 188.73 FEET; THENCE S87° 10'26"E 0.66 FEET; THENCE
S02027' 17"W 1374. 19 FEET TO THE SOUTH LINE OF THE SAID NW1 /4 OF SECTION 35;
THENCE ALONG SAID SOUTH LINE N87° 18' 13"W 383. 14 FEET TO THE SW CORNER OF
THE SAID NW1 /4 OF SECTION 35; THENCE LEAVING SAID SOUTH LINE AND ALONG THE
WEST LINE OF THE SAID NW1 /4 OF SECTION 35 NO2031 '22"E 1980. 14 FEET TO THE
POINT OF BEGINNING, AND CONTAINING 17.388 ACRES, MORE OR LESS, AND
SUBJECT TO THE RIGHT-OF-WAY OF APPLEBY ROAD ON THE NORTH AND DRAKE
STREET ON THE SOUTH , AND ANY RIGHTS-OF-WAY, EASEMENTS , COVENANTS OR
RESTRICTIONS OF RECORD OR FACT.
SURVEY DESCRIPTION TRACT 2:
PART OF THE S1 /2 OF THE NW1 /4 OF THE NW1 /4 OF SECTION 35, TOWNSHIP 17
NORTH , RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE NW CORNER OF TRACT 2 PER PLAT FILED, DOCUMENT NUMBER
2002-069391 DATED MAY 15, 2002; THENCE S87°31 '36"E 193.81 FEET; THENCE
S02021 '40"W 309.68 FEET; THENCE N87009'37"W 60.02 FEET; THENCE S0557'33"W 9.95
FEET; THENCE N87014'57"W 133.98 FEET; THENCE N02030'22"E 318. 58 TO THE POINT
OF BEGINNING, AND CONTAINING 1 .409 ACRES, MORE OR LESS , AND SUBJECT TO
THE RIGHT-OF-WAY OF APPLEBY ROAD ON THE NORTH , AND ANY RIGHTS-OF-WAY,
EASEMENTS , COVENANTS, OR RESTRICTIONS OF RECORD OR FACT.
SURVEY DESCRIPTION TRACT 3:
PART OF THE S1 /2 OF THE NW1 /4 OF THE NW1 /4 OF SECTION 35, TOWNSHIP 17
NORTH , RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE NW CORNER OF TRACT 3 PER PLAT FILED, DOCUMENT NUMBER
2002-069391 DATED MAY 15, 2002; THENCE S87`31 '36"E 174.09 FEET; THENCE
S02630'22"W 318. 58 FEET; THENCE N87014'57"W 175.77 FEET; THENCE N02048'32"E
317.73 FEET TO THE POINT OF BEGINNING , AND CONTAINING 1 . 278 ACRES, MORE OR
LESS , AND SUBJECT TO THE RIGHT-OF-WAY OF APPLEBY ROAD ON THE NORTH , AND
ANY RIGHTS-OF-WAY, EASEMENTS , COVENANTS, OR RESTRICTIONS OF RECORD OR
FACT.
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT
DISTRICT NO. 5-APPLEBY LANDING PROFESSIONAL CENTER
ASSESSOR'S OATH
I , Stephen C. Cosby, Assessor for Fayetteville Municipal Property Owners'
Improvement District No. 5-Appleby Landing Professional Center, hereby swear
that I will well and truly assess all benefits that will accrue to the landowners of
the District by reason of the improvement.
STEPH N C . C(YSBY
STATE OF ARKANSAS )
) SS
COUNTY OF WASHINGTON )
SUBSCRIBED AND SWORN TO before me, a Notary Public, this
_ day of October, 2003.
NOTARY PUBLIC
My commission expires:
OFFICIAL SEAL
29 Zoo L
AROL BL.L GREGORY
TARY PUBLIC - ARKANSAS
WASHINGTON COUNTY
MMISSION EXPIRES: 11 -29-2004
RECEIVED
NOV 12 2003
CITY OF FAYETTEVILLE
CITY CLERICS OFFICE
NAME OF FILE: Ordinance No. 4514 w/Petition
CROSS REFERENCE:
Item # Date Document
1 08/28/03 Staff Review Form w/attachments
draft ordinance
letter to Sondra Smith from Jim McCord
Petition w/Ex. A
Abstractor's Certificate of Property Ownership w/Ex. A
letter to Sondra Smith from Jim McCord
Notice
commissioner's oaths
2 09/22/03 Affidavit of Publication
' t
NOTES:
9/19/2003 Jim McCord picked up two original ordinances as requested
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STAFF REVIEW FORM - NON-FINANCIAL OBLIGATION,
69//G /Zr o,3
XX AGENDA REQUEST
For the Fayetteville City Council Meeting of : September 16, 2003
FROM:
Sondra Smith City Clerk City Clerk
Name Division Department
ACTION REQUIRED : An ordinance to establish Fayetteville Municipal Property Owner's Improvement District
No. 5
SUMMARY EXPLANATION :
A petition filed by James N. McCord to form Fayetteville Municipal Property Owners' Improvement District No. 5
Appleby Landing Professional Center. The petition is being filed under the Arkansas Municipal Property Owners'
Improvement District law, Arkansas Code Ann. Sec. 14-94-101 et seq. The property comprises 20.065 acres south
of Apply Drive across from Washington Regional Hospital.
STAFF RECONSIENDATION :
Received in Mayor ' s Office
Division Head Date Date
h rre✓td � O rto FORM �n1(.y
0 � z m
City Attorn y Date
Cross Reference :
Department Directorq Date
/� e�p kx~O at, &�rfi.QciaY ��� Previous Ord/Res # :
X/ � _ \ 4-0 Cali,)
Finance a Internal Services Dir . Date Orig . Contract Date :
9, 17,-Os Orig . Contract Number :
Chief AdMiniStrative Officer Date
/171 3 New Item : Yes No
I—Poot.&Z�K �
Mayor — Date
d8 ,3
r
l
ORDINANCE NO.
AN ORDINANCE TO ESTABLISH AND LAY OFF
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS'
IMPROVEMENT DISTRICT NO. 5 - APPLEBY
LANDING PROFESSIONAL CENTER
WHEREAS, a Petition to form Fayetteville Municipal Property Owners'
Improvement District No. 5 has been filed with the Fayetteville City Clerk; and
WHEREAS, the City Clerk has presented said petition to the Mayor; and
WHEREAS, Ark. Code Ann. Sec. 14-94-106 (2) provides that the Mayor
shall thereupon set a date and time, not later than 15 days after the date of the
presentation of the petition to the mayor, for a hearing before the governing
body for consideration of the 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, Ark. Code Ann. Sec. 14-94-106(b)(2) provides that if the
governing body determines that all of 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 as named in the petition.
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. 5 for the purpose of
constructing or maintaining facilities for waterworks, recreation, drainage, gas
pipelines, underground trenches and excavations necessary for the installation
of electric and telephone distribution systems, sanitary sewers, streets and
highways, 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: Ben Israel, Phil Phillips and Tom
Muccio.
• JAMES N. McCORD RE� 4" !rn
Attorney at Law 2 7 2W
11 N. WEST AVE. AUG
SUITE #202 CITY Or a _c
FAYETTEVILLE, ARKANSAS 72701 CITY CLEBY, 5 �=
TELEPHONE (479) 695.1134
FACSIMLE (479) 6957135
jimmocordlaw@alftel.net
August 27, 2003
Ms. Sondra Smith, City Clerk VIA HAND DELIVERY
City Administration Building
113 W. Mountain
Fayetteville, AR 72701
Re: Petition to Form Fayetteville Municipal Property Owners' Improvement
District No. 5 — Appleby Landing Professional Center
Dear Ms. Smith:
Enclosed for filing in the office of the Fayetteville City Clerk are three (3)
executed counterparts of a Petition to Form Fayetteville Municipal Property
Owners' Improvement District No. 5- Apple Landing Professional Center. Please
file mark each Petition, retain one for your permanent file, retain one for
presentation to the Mayor, and return the other counterpart to me. The Petition is
being filed under the Arkansas Municipal Property Owners' Improvement District
law, Ark. Code Ann. Sec. 14-94-101 et seq. The property comprises 20.065
acres south of Appleby Drive across from Washington Regional Hospital.
Ark. Code Ann. Sec. 14-94-105(e)(3) provides that notice of the filing of
the Petition shall be given by first class mail to the mayor by the clerk. Ark.
Code Ann. Sec. 14-94-106 provides:
(a)(1 ) Upon the filing of the petition with the clerk, it shall be the duty of
the clerk to present the petition to the mayor.
(2) The mayor shall thereupon set a date and time not later than
fifteen (15) days after the date of the presentation of the petition to
the mayor, for a hearing before the governing body for
consideration of the petition.
(b)(1 ) At the hearing, it shall be the duty of the governing body to hear
the petition and to ascertain whether those signing the petition
constitute all the owners of the real property to be located in the
district.
(2)(A) 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 be its duty by ordinance to establish and lay
off the district as defined in the petition and to appoint the
commissioners as named in the petition.
(c) The ordinance establishing the district shall be published within
thirty (30) days after its adoption by one (1 ) insertion in some
newspaper of general circulation in the municipality in which the
district lies.
Enclosed for your convenience is a form for a letter you may use to give
the Mayor notice by first class mail that the Petition has been filed with the city
clerk. Also enclosed for filing in your office is an executed Abstractor's Certificate
certifying that the improvement district petition is signed by the owner of all the
real property described in the petition. I have drafted and enclose an ordinance
which would establish the improvement district and name the commissioners.
Formation of a municipal property owners' improvement district is merely a
financing alternative for the cost of subdivision infrastructure. The improvement
district issues special assessment bonds, bond proceeds are used to pay for the
infrastructure, the district levies a tax on each lot to pay debt service on the
bonds, the tax revenues are paid to the bond trustee, and the trustee makes debt
service payments to the bondholders. The developer must comply with all city
development ordinances. The infrastructure is dedicated to the city.
The preliminary subdivision plat for Appleby Landing, comprising 12
commercial lots, has been approved by the Fayetteville Planning Commission.
Should there be any questions, please contact me.
Sincerely,
a es N. McCord
JNM:mbm
cc: Honorable Dan Coody, Mayor
Kit Williams, City Attorney
Ben Israel
August 27, 2003
Honorable Dan Coody, Mayor
City Administration Building
113 W. Mountain
Fayetteville, Arkansas 72701
Re: Petition to Form Fayetteville Municipal Property Owners' Improvement
District No. 5-Appleby Landing Commercial Center
Dear Mayor:
Pursuant to Ark. Code Ann. 14-94-105 (e)(3), you are hereby noted that
the enclosed Petition to Form Fayetteville Municipal Property Owners'
Improvement District No. 5-Appleby Landing Commercial Center has been filed
in the office of the Fayetteville City Clerk. Pursuant to Ark. Cone Ann. Sec. 14-
44-106(a)(1 ), I hereby present you with the Petition.
Sincerely,
� QI�
Sondra Smith
City Clerk
cc: Kit Williams, City Attorney
James N: McCord