HomeMy WebLinkAboutOrdinance 4662ORDINANCE NO, 4662
AN ORDINANCE FORMING THE HIGHWAY 71 EAST
SQUARE REDEVELOPMENT DISTRICT NUMBER
ONE PURSUANT TO AMENDMENT 78 OF THE
ARKANSAS CONSTITUTION, AUTHORIZING THE
PREPARATION OF A PROJECT PLAN, REPEALING
ORDINANCE NO. 4608 AND DECLARING AN
EMERGENCY
WHEREAS, the City Council after 15 day published notice has held a public
hearing at which all interested parties were given the opportunity to express their views
on the proposed creation of the Highway 71 East Square Redevelopment District Number
One of Fayetteville, Arkansas and its proposed boundaries; and
WHEREAS, prior to publication, a copy of said notice was sent by first-class
mail to the chief executive officer of all local governmental and taxing entities having the
power to levy taxes on property located within the proposed Highway 71 East Square
Redevelopment District Number One of Fayetteville, Arkansas, and to the school board
of any school district which includes property located within the proposed Highway 71
East Square Redevelopment District Number One of Fayetteville, Arkansas; and
WHEREAS, the City Council has designated the boundaries of the proposed
Highway 71 East Square Redevelopment District Number One of Fayetteville, Arkansas.
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
establishes the boundaries of the Highway 71 East Square Redevelopment District
Number One of Fayetteville, Arkansas as set forth on the map attached hereto as Exhibit
"A" and incorporated herein.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby
names the District the following name for identification purposes: Highway 71 East
Square Redevelopment District Number One of Fayetteville, Arkansas.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby
creates the Highway 71 East Square Redevelopment District Number One of Fayetteville,
Arkansas, as of December 28, 2004.
Section 4: That the City Council hereby finds that the real property within the
Highway 71 East Square Redevelopment District Number One of Fayetteville, Arkansas,
will be benefited by the redevelopment project by eliminating or preventing the
development or spread of blighted, deteriorated, or deteriorating areas, or discouraging
the loss of commerce, or employment, or increasing employment, or any combination
thereof.
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby
creates a separate and special fund into which shall be deposited all tax increment
revenues, and all other revenues designated by the City for the benefit of the Highway 71
East Square Redevelopment District Number One of Fayetteville, Arkansas. All project
costs shall be paid from this fund. This fund shall be known as the Highway 71 East
Square Redevelopment District Number One of Fayetteville, Arkansas.
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby
authorizes the preparation of a Redevelopment Project Plan.
Section 7:
That upon the effective date
of this
ordinance, Ordinance No. 4608
originally creating
this Redevelopment District is
hereby
repealed.
Section 8: Emergency Clause. If this ordinance is not immediately effective, the
goal of the Redevelopment District and its Project Plan to remove a dangerous,
dilapidated firetrap could fail due to lack of time -sensitive funding. The City Council,
therefore, determines and declares an emergency exists which would imperil the public
peace, health or safety, and consequently this ordinance shall be in full force and effect
from the date of its passage and approval.
PASSED and APPROVED this 281" day of December, 2004.
ATTEST:
By:
SONDRA SMITH, City Clerk
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CITY ATARNEY AGENDA REQUESARM
FOR: COUNCIL MEETING OF DECEMBER 28, 2004
FROM:
KIT WILLIAMS, CITY ATTORNEY
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
An Ordinance Forming The Highway 71 East Square Redevelopment District Number One
Pursuant To Amendment 78 Of The Arkansas Constitution;, Authorizing The Preparation Of
A Project Plan, Repealing Ordinance No. 4608 And Declaring An Emergency
APPROVED FOR AGENDA:
Attorney
Tim Conklin
,e I4, 6�(
Date
Date
�' e
FAYETTEVI L�.E
THE CITY OF FAYETTEVILLE, ARKANSAS
KIT WILLIAMS, CITY ATTORNEY
DAVID WHITAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT
TO: Dan Coody, Mayor
City Council
FROM: Kit Williams, City Attorney
DATE: December 16, 2004
RE: East Square Highway 71 Redevelopment Project Plan Ordinance
The Project Plan for the East Square Mountain Inn TIF has not changed
since you determined it was economically feasible and adopted the Project Plan
by Ordinance No. 4646 on December 7, 2004. Because of a minor technical
notification problem, I recommend you readopt the Project Plan by the
ordinance attached to this memo.
The Project Plan remains as adopted by you on December 7, 2004
(although its financial feasibility might even be enhanced by the possible
inclusion into the tax increment computations of the anticipated increased
property values for the Hotel Complex replacing the blighted Mountain Inn, the
Terniinella project, and former city library buildings on Dickson Street).
Because the unanticipated notification problem has delayed the final
adoption of the ordinances for at least three weeks, the City Council can rely
upon the Arkansas Attorney General's Opinion No. 2000-250 when he stated:
"It is my opinion that in order to justify the inclusion of
an emergency clause in a municipal ordinance, the city
council must rely on facts that show `some sudden or
unexpected happening that creates a need for action.
(citing Burroughs v_Ingram, 319 Ark. 530, 535, 893
S.W. 2d 31% 321 (1995).
Since time -sensitive funding could be jeopardized unless the ordinance
is immediately effective, the entire Project Plan could be jeopardized without
the emergency clause. Because the existing, blighted Mountain Inn constitutes
a danger to public safety, peace and health, and the Project Plan is necessary to
remove this peril and replace it with a beneficial development, the City Council
has sufficient facts to rely upon to pass an Emergency Clause.
I
ORDINANCE NO.
AN ORDINANCE ADOPTING THE PROJECT PLAN FOR THE
HIGHWAY 71 EAST SQUARE REDEVELOPMENT DISTRICT,
FINDING THE PLAN IS ECONOMICALLY FEASIBLE ,
REPEALING ORDINANCE 4646 AND DECLARING AN EMERGENCY
WHEREAS, on July 27, 2004, the Fayetteville City Council held a Public
Hearing concerning the creation of the Highway 71 East Square Redevelopment District;
and
WHEREAS, on August 17, 2004, the City Council passed Ordinance No. 4608
creating the Highway 71 East Square Redevelopment District and authorized preparation
of a Redevelopment Project Plan; and
WHEREAS, the City with input from the proposed redevelopers of a Twenty -
Two Million Dollar hotel project to be constructed after removal of the blighted
Mountain Inn has prepared a proposed Project Plan attached as Exhibit "A"; and
WHEREAS, on November 30, 2004, the City held a Public Hearing on the
Project Plan proposed for the Redevelopment District; and
WHEREAS, on
December 7, 2004, the City
had a further
public hearing on the
Project
Plan and passed
Ordinance 4646 adopting the
Project
Plan;
and
WHEREAS, because of a minor, technical notification discrepancy, the City
determined the need to renotify all statutorily required officials and republish notice of
the public hearings for the Redevelopment District.
WHEREAS, the City Council after 15 day published notice has held another
public hearing at which all interested parties were given the opportunity to express their
views on the proposed adoption of the Project Plan for the Highway 71 East Square
Redevelopment District Number One of Fayetteville, Arkansas; and
WHEREAS, prior to publication, a copy of said notice was sent by first-class
mail to the chief executive officer of all local governmental and taxing entities having the
power to levy taxes on property located within the proposed Highway 71 East Square
Redevelopment District Number One of Fayetteville, Arkansas, and to the school board
of any school district which includes property located within the proposed Highway 71
East Square Redevelopment District Number One of Fayetteville, Arkansas; and
WHEREAS, the Project Plan includes:
(a) The kind, number and location of all public works or
improvements within the district including the acquisition
F
of real property, demolition of blighted/vacant buildings, and sale
of the cleared land to the redevelopers;
(b) an economic feasibility study;
(c) a detailed list of estimated project costs;
(d) a description of financing including tax increment bonds;
(e) a certification of the county tax assessor of the base value, ad
valorem rate, debt service ad valorem rate, and ad valorem rate for
the redevelopment district;
(f) no other funds are expected to be deposited into the special funds;
(g) a map showing existing uses and conditions of real property in the
district;
(h) a map of proposed improvements and uses in the district;
(i) no zoning changes are anticipated;
0) reference to the Downtown Master Plan;
(k) non -project costs include financial advice, bond costs, economic
forecasting;
(1) no persons are anticipated to be displaced;
(m) the amount of TIF indebtedness;
(n) the amount of tax increment estimated to be generated by the
project;
(o) no other revenues are anticipated to be used to secure the tax
increment financing.
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
finds that the Project Plan for the Highway 71 East Square Redevelopment District
(attached as Exhibit A) is economically feasible.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby
adopts the Project Plan for the Highway 71 East Square Redevelopment District and
determines it has complied with all requirements set forth in A.C.A. §14-168-306.
Section 3: That upon the effective date of this ordinance, Ordinance No. 4646
originally adopting the Project Plan for this Redevelopment District is hereby repealed.
Section 4: Emergency Clause. If this ordinance is not immediately effective, the
goal of the Redevelopment District and its Project Plan to remove a dangerous,
dilapidated firetrap could fail due to lack of time -sensitive funding. The City Council,
therefore, determines and declares an emergency exists which would imperil the public
peace, health or safety, and consequently this ordinance shall be in full force and effect
from the date of its passage and approval.
PASSED and APPROVED this 28`h day of December, 2004.
ATTEST:
By:
SONDRA SMITH, City Clerk
By:
APPROVED:
DAN COODY, Mayor
FAYETTEVILLE
THE CITY OF FAYETTEVIEEE. ARKANSAS
Krr WILLIAMS, CnY ATTORNEY
DAVID WIETAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
LEGAL DEPARTMENT
TO: Dan Coody, Mayor
City Council
FROM: Kit Williams, City Attorney
DATE: December 16, 2004
RE: Ordinance Creating and Naming the East Square
Highway 71 Redevelopment District
The borders and name for the East Square Highway 71 Redevelopment
District has not changed since you passed Ordinance No. 4608 on August 17,
2004. Because of a minor technical notification problem, I recommend you
readopt the ordinance creating the Redevelopment District and naming it the East
Square Highway 71 Redevelopment District.
Because the unanticipated notification problem has delayed the final
adoption of the ordinance for at least three months, the City Council can rely upon
the Arkansas Attorney General's Opinion No. 2000-250 when he stated:
"It is my opinion that in order to justify the inclusion of
an emergency clause in a municipal ordinance, the city
council must rely on facts that show `some sudden or
unexpected happening that creates a need for action."'
(citing Burroughs v. Ingram, 319 Ark. 530, 535, 893
S.W. 2d 319, 321 (1995).
Since time -sensitive funding could be jeopardized unless the ordinance is
immediately effective, the entire Project Plan could be jeopardized without the
emergency clause. Because the existing, blighted Mountain Inn constitutes a
danger to public safety, peace and health, and the establishment of the
Redevelopment District and adoption of the Project Plan are necessary to remove
this peril and replace it with a beneficial development, the City Council has
sufficient facts to rely upon to pass an Emergency Clause.
oJeOD
vzg#G
;1(0 471
I
ORDINANCE NO.
AN ORDINANCE FORMING THE HIGHWAY 71 EAST
SQUARE REDEVELOPMENT DISTRICT NUMBER ONE
PURSUANT TO AMENDMENT 78 OF THE ARKANSAS
CONSTITUTION, AUTHORIZING THE PREPARATION
OF A PROJECT PLAN, REPEALING ORDINANCE NO. 4608
AND DECLARING AN EMERGENCY
WHEREAS, the City Council after 15 day published notice has held a public
hearing at which all interested parties were given the opportunity to express their views
on the proposed creation of the Highway 71 East Square Redevelopment District Number
One of Fayetteville, Arkansas and its proposed boundaries; and
WHEREAS, prior to publication, a copy of said notice was sent by first-class
mail to the chief executive officer of all local governmental and taxing entities having the
power to levy taxes on property located within the proposed Highway 71 East Square
Redevelopment District Number One of Fayetteville, Arkansas, and to the school board
of any school district which includes property located within the proposed Highway 71
East Square Redevelopment District Number One of Fayetteville, Arkansas; and
WHEREAS, the City Council has designated the boundaries of the proposed
Highway 71 East Square Redevelopment District Number One of Fayetteville, Arkansas.
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
establishes the boundaries of the Highway 71 East Square Redevelopment District
Number One of Fayetteville, Arkansas as set forth on the map attached hereto as Exhibit
"A" and incorporated herein.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby
names the District the following name for identification purposes: Highway 71 East
Square Redevelopment District Number One of Fayetteville, Arkansas.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby
creates the Highway 71 East Square Redevelopment District Number One of Fayetteville,
Arkansas as of December 28, 2004.
Section 4: That the City Council hereby finds that the real property within the
Highway 71 East Square Redevelopment District Number One of Fayetteville, Arkansas,
will be benefited by the redevelopment project by eliminating or preventing the
development or spread of blighted, deteriorated, or deteriorating areas, or discouraging
the loss of commerce, or employment, or increasing employment, or any combination
thereof.
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby
creates a separate and special fund into which shall be deposited all tax increment
revenues, and all other revenues designated by the City for the benefit of the Highway 71
East Square Redevelopment District Number One of Fayetteville, Arkansas. All project
costs shall be paid from this fund. This fund shall be known as the Highway 71 East
Square Redevelopment District Number One of Fayetteville, Arkansas.
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby
authorizes the preparation of a Redevelopment Project.
Section
7:
That upon the effective date
of this
ordinance, Ordinance No. 4608
originally creating
this Redevelopment District is
hereby
repealed.
Section 8: Emergency Clause. If this ordinance is not immediately effective, the
goal of the Redevelopment District and its Project Plan to remove a dangerous,
dilapidated firetrap could fail due to lack of time -sensitive funding. The City Council,
therefore, determines and declares an emergency exists which would imperil the public
peace, health or safety, and consequently this ordinance shall be in full force and effect
from the date of its passage and approval.
PASSED and APPROVED this 28`" day of December, 2004.
ATTEST:
By:
SONDRA SMITH, City Clerk
APPROVE)
By:
DA COODY, Mayor
•
Tyeev�e
ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Kit Williams
City Attorney �p
From: Clarice Buffalohead-Pearman�
City Clerk Division
Date: January 7, 2005
Re:. Ord. No. 4662
City Clerk Division
113 West Mountain
Fayetteville, AR 72701
Telephone: (479) 575-8323
Fax: (479) 718-7695
city clerk@ci-faYeffeville.ar.us
The City Council approved the above ordinance on December 28, 2004. Attached is a copy of
the ordinance forming the East Square TIF District.
I'm sorry for the delay in returning this earlier, I've been out of the office.
If anything else is needed please let the clerk's office know. Thanks.
1cbp
attachments
ArkansassDemocrat
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NORTHWEST ARKANSAS EDITION
AFFIDAVIT OF PUBLICATION
I, , do solemnly swear that I am the
Legal Clerk of 66-Arlkansas 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:
IZG2 ae-J was
PO#
** Publication Charge: $
inserted in the regular editions on
Subscribed
%and sworn to before me this
7/v day of , 2005.
Notary. Public
Sharlene D. Williams
My Commission Expires: Notary Public
State of Arkansas
My Commission Expires
** Please do not pay from Affidagl:tober 18, 2014
An invoice will be sent.
RECEIVED
JAN 10 4n@05
C'ITYCLEAYERK'EVIL
P.O. BOX 1607 • 212 N. EAST AVENUE • FAYETTEVILLE, ARKANSAS 72701 • 479-442-1700 • 479-442-5477 (FAX)
ORDINANCE NO..66E
AN ORDINANCE FORMING THE HIGHV AY 71 SST
SQUARE REDEVELOPMENT DISTRICT NUMBER
ONE PURSUANT TO AMENDMENT 78 OF THE
ARKANSAS CONSTITUTION, AUTHORIZING THE
PREPARATION OF A PROJECT RAN, REPEALING
ORDINANCE NO. 4608 AND DECLARING AN EMER-
GENCY
le
ryerf] SAS
the City Council after 15 day Published notice has held a public hearing at which all inter -
were given the opportunity to expo their views on the proposed creation of the Highway
re Redeveiopnerrt D51Act Number One of Fayetteville. Adonsas and Its proposed hound-
IERBAS, prior to publk'atan a copy of said police was sent by first-class ma l to the chief Wacu-
i officer of al local govenvnenW and Gang mates having the power to ley taxes an property locat-
wi0in the proposed Highway 71 Fast Square Redeirelopment District Number One of Fayette ille,
;areas, ant to the school board of any school district which includes property located within tine pro-
ved Highway 71 Fast Square RBdevaloprnant District Numbar One of Fayenevila, Adanses; and
THEREFORE, BE R ONDAINED BY THE CRY COUNCIL OF THE CT' OF FAYET-
LB, ARKANSAS:
t I: That the City Council of the Oty of Fayettewille, Arkarvsss hereby estadpshes the boundaries
ilghway 71 East Square Redeaelopnent District Number One of Fayanevlia, Arkansas as set fOrth
map attached hereto as Exhibit 'A' and incorporated herein.
Section 3: That the Gtv Council of the City of Fayetteville. Arkansas hereby creates the Highway 71 Et
Square Rederelopment District Number One of Fayetteville. Arkansas, a; of December 28, 2004.
Section 4: That the City Council hereby finds that the real property wit in the Highway 71 East Scut
Redwebryrent District Number Ore 0f Fayetteville, Arkansas, coil be berefited by the rederelopmt
pMm by efirm at'Kg IX preventing the development or spread of blighted, deteriorated Or delerarati
areas. or discouraging the Inas of commerce. or employmel or increasing empoi or any coml
natiCrt taR01.
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby Creates a separate and ap
dal fund into which shall he deposited all tax increment revenues, antl all other revenues designated
Me City for the benefit of the Highway 71 East Square Redwelopment District Number One
Fayetteville, Arkmsas. AU project costs steel be paid Iron this fund. This Lr1d shal W kroan as t
Highway 71 Fast Square Redeveaprnent District Number One of Fayeneville, Ahatvay.
Section 6: That the Oty Cpurll of the City of Fayetev6e, Arkareai hereby authorizes the prepares
of a Reoaebp erat Projecl Pan,
Section 7: That Wan the effective date of this orOvaaroe, Ordnance No. 4008 originally creating If
Redevelopinent Osirict b hereby repealed.
1!"L!"Rib'.SrG'7'sf gI'ifYRE'.. !i.. .., - -
t
APPROVED:
By:
DAN COODY, YNOv
ATTEST.
By.
WNDM 6NITH, CRY Clart