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Home My WebLink AboutOrdinance 4651 ORDINANCE NO. 4 6 51 AN ORDINANCE TO AMEND §34.27 SALE OF MUNICIPALLY OWNED REAL ESTATE TO ADD AN EXEMPTION FOR LANDS ACQUIRED PURSUANT TO APPROVED REDEVELOPMENT PROJECT PLANS WHEREAS, if the City Council approves by ordinance, the Project Plan for a Redevelopment District that includes the acquisition of real property or buildings with the intent to resell this property to a private developer, this property should be exempt from the further requirements of §34.27. 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 amends §34.27 Sale of Municipally Owned Real Property, Subsection (H) Exemptions by adding subsection (H) (3) as follows: "(3) If the City Council has approved by ordinance the Project Plan for a Redevelopment District that includes the acquisition of real property or buildings with the intent to resell this property to a private developer, this acquired property shall be exempt from the requirements of this section and can be sold by City Council Resolution." PASSED and APPROVED this 7°i day of December, 2004. APPROVED: ;•ti�G�GAS Y .q� By: ; FAYETTEVILLE • 3 DAN COODY, Mayo r ATTEST: %9s•9:QkANSP:c'J�'�`,. GTOtA By: ANAWA.a_.4 .t k✓ SddNDRA SMITH, City Clerk NAME OF FILE: Ordinance No. 4651 CROSS REFERENCE: Item # Date Document 1 11/18/04 Staff Review Form 2 memo to mayor, city council, Hugh Earnest & Tim Conklin 3 draft ordinance 4 memo to Kit Williams 5 Affidavit of Publication 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NOTES: ALDERMAN AGENDA REQUEST FO FOR: COUNCIL MEETING OF DECEMBER 7, 2004 X65► FROM: KIT WILLIAMS, CITY ATTORNEY ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance To Amend §34.27 Sale Of Municipally Owned Real Estate To Add An Exemption For Lands Acquired Pursuant To Approved Redevelopment Project Plans APPPPROVED FOR AGENDA: `� Cj II - If - o4 City Attorney Date Chief Administrative Officer Date Mayor Date DSD / z1 -714�l FAYETTEVIL E � 5� THE CITY OF FAYETTEVILLE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY /yl,�rJ/ i1GH DAVID WHITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Dan Coody, Mayor City Council Hugh Earnest, Chief Administrative Officer Tim Conklin, Community Planning & Engineering Svs. Director FROM: Kit Williams, City Attorneys DATE: November 18, 2004 RE: Sale of property acquired by Redevelopment District through TIF bonds: Exemption from requirements of §34.27 In order to establish a Redevelopment District, the City Council must hold a public hearing and pass an ordinance — A.C.A. § 14- 168-305 . Then the City Council must hold another public hearing and pass an ordinance (after three readings) to approve the Project Plan. A.C .A. § 14- 168-306. The Redevelopment District or Project Plan can only be amended by City Council Ordinance. A.C .A. § 14- 168-307. Therefore, any proposed acquisition and sale of land as a part of the Redevelopment District' s Project Plan must go through extensive public hearings before a land sale contract could be presented to the City Council to sell TIF acquired property. Because the Project Plan for the Highway 71 East Square Redevelopment District requires that the land and buildings acquired (some or all to be demolished) be sold to the developers for construction of the twelve story hotel complex, the normal procedures required by §34.27 for the sale of municipally owned real estate are not needed, nor workable. The City needs to agree on the front end to sell the property it shall acquire to the developers who will turn a blighted firetrap and three other vacant buildings into a national flagship hotel with condominiums, convention facilities, parking, retail space and rooftop garden. Because the federal tax credits helping to finance this redevelopment will expire if not used quickly, the months and months required to sell municipal property as required by §34.27 would doom this project unless the proposed exemption I drafted is rapidly passed. The public will have had extensive notice and opportunity to express their opinions about this proposed land sale because of the TIF statutory safeguards. . Another round of public notification and hearings required by § 34.27 are not needed nor practical. If the City Council favors the City using TIF proceeds to acquire the designated real estate and prepare it for construction, and then selling it to the developers so they can build their flagship hotel, you should pass this exemption to §34.27 on December 7, 2004. ORDINANCE NO. AN ORDINANCE TO AMEND §34.27 SALE OF MUNICIPALLY OWNED REAL ESTATE TO ADD AN EXEMPTION FOR LANDS ACQUIRED PURSUANT TO APPROVED REDEVELOPMENT PROJECT PLANS WHEREAS, if the City Council approves by ordinance, the Project Plan for a Redevelopment District that includes the acquisition of real property or buildings with the intent to resell this property to a private developer, this property should be exempt from the further requirements of §34.27. 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 amends §34.27 Sale of Municipally Owned Real Property, Subsection (H) Exemptions by adding subsection (H) (3) as follows: "(3) If the City Council has approved by ordinance the Project Plan for a Redevelopment District that includes the acquisition of real property or buildings with the intent to resell this property to a private developer, this acquired property shall be exempt from the requirements of this section and can be sold by City Council Resolution." PASSED and APPROVED this 7t' day of December, 2004. APPROVED: O� By: DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk • Taye A le City Clerk Division ARKANSAS 113 West Mountain Fayetteville, AR 72701 Telephone: (479) 575-8323 Fax: (479) 718-7695 city-slerk@cl.fayetteville.ar.us DEPARTMENTAL CORRESPONDENCE To: Kit Williams City Attorney From: Clarice Buffalohead-Pearma City Clerk Division Date: December 13, 2004 Re: Ord. No. 4651 The City Council passed the above ordinance, December 7, 2004, amending § 34.27, Sale of Municipal Real Estate, of the Code of Ordinances. 1 have attached a copy of the amending ordinance. The ordinance will be recorded in the city clerk's office, published and microfilmed. If anything else is needed please let the clerk's office know. Thanks. lcbp attachments cc: Internal Auditor NORTHWEST ARKANSAS WITION A*awas Demomt V05azette 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: (i' t Xl -n � was inserted in the regular editions on \1 IGI . 1-1 , QM PO# D4 --;�C)gg ** Publication Charge : $ �� RECEIVED Subscribed and sworn to before me this DEC 2 ? 2044 day of 2004. Cir : _ 0T 11LLE Cil' G.EM&S OFFICE Notary Public ORDINANCE NO. A$$1 _AN ORDINANCE TO AMEND § 34.27 SALE OF • MUNICIPALLY OWNED REAL ESTATE TO ADD AN T �1 EXEMPTION FOR LANDS ACQUIRED PURSUANT TO My Commission Expires: APPROVED REDEVELOPMENT PROJECT PLANS WHEREAS, If the City Council approves by ondl- ARKANSAS hence, the Project Plan for a Redevelopment Disene that IncludeA Me ecquisihen of real properly or buildings vMh Uva intent to resell this property to a Private developer, tI Is,properly should be exempt from the further requirements of § 34.27. Please do not pay from .Affidavit. 1100i TNSREPORE, Dan onDAINED er THE cm COUNCIL or TNS em or rim- An invoice will be sent. TDIMILE, ARKANSAS: Section 1: That Ne Clry Coundl of the C y of Fayetteville, Arkansas hereby amends § 34.27 Sale of Munlomily Owned Real Property, Subsection (H) Exemptions by adding subsection (H) (3) as follo : areeti eeeeer!etet eeeeee enree eeq •(3) If the O ry Coundl has approved by oNlrence the Project Plan for a Rl this merry District that f , Includes Me acquisition M real property or buildings with the Intent to resell this property to a eprivate sold Catherine Sall f by City Cr, MIs acquired property shall be exempt horn the requirements o/tNe section and can t» sold ' Notary Public; State of Arkansas � by City Ccarxil Resolution.- Washington County 1 PASSED and APPROVED this 7M day of December, 2004. �i My Commission Expires 02/27/05 ' .[C(CC(UU<C(d[f[CCCCC(C((CCCCCCCCZ APPROVED: By: DAN GOODY, Marey ATTEST. SONDRA $MRN, City Clerk 212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 (501 ) 442-1700