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Home My WebLink AboutOrdinance 4752 ORDINANCE NO, 4 7 5 2 AN ORDINANCE AMENDING §34.27, CODE OF FAYETTEVILLE TO EXEMPT THE DEDICATION OF REAL PROPERTY TO THE ARKANSAS STATE HIGHWAY COMMISSION FROM THE REQUIREMENTS OF THE ORDINANCE; AND DECLARING AN EMERGENCY. WHEREAS, the City of Fayetteville is required from time to time to transfer lands to the Arkansas State Highway Commission to accommodate State Highway improvements within the City; and, WHEREAS, these transfers must be made in a timely manner so as not to cause undue delay to badly needed projects to provide safe and efficient roadways to the citizens of Fayetteville; and, WHEREAS, the requirements of §34.27, Code of Fayetteville, would cause such delays to several high priority projects if not immediately amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That §34.27, Code of Fayetteville, is hereby amended by inserting the following after §34.27 (H) (3): (4) The dedication of real property to the Arkansas State Highway Commission shall be exempt from the requirements of this section and may be dedicated by City Council Resolution. Section 2. Emergency Clause. That the City Council of the City of Fayetteville, Arkansas, hereby finds the immediate dedication of certain municipally-owned real property to be necessary to ensure the safety of the citizens of Fayetteville, and because of such, an emergency is hereby declared to exist and this ordinance shall be in full force and effect from the date of its passage and approval. PASSgftv, " 41)PROVED this 6`" day of September, 2005 . sO;c:0G,p APPROV 5 ; FAYETTEVILLE ; %93y�:QKANSPOJa� By. DAN COODY, Mr ATTES W'' ^,�TON �. � By: SONDRA SMITH, rty Clerk "D2J> City of Fayetteville Engineering 113 West Mountain Fayetteville, AR 727 01Tayve e (� ph: 479-575-8206 ARKANSAS fax: 479-575-8202 �X,lrrkpTr�h Date: August 17, 2005 To: Fayetteville City Council . Thru: Dan Coody, Mayor Gary Dumas, Director of Operations From: Ron Petrie, City Engineer 0� Subject: Sale Of Municipally Owned Real Property RECOMMENDATION The Staff recommends Council approval of the proposed supplement to §34.27 of the Fayetteville Code Of Ordinances. (Attached) BACKGROUND The Arkansas State Highway & Transportation Department (AHTD) is currently in the process of widening several State highways within the City limits. The City owns several parcels along theses corridors that the State will need to acquire portions of for right-of-way. The following is a summary of the right-of-way that is needed to date with the anticipation that more will be needed in the future: ➢ AR Hwy 112 (Razorback Rd) — 18,441 s.f. (0.42 acres) ➢ AR Hwy 180 (Gregg Ave) — 12, 181 s.f. (0.28 acres) ➢ AR Hwy 16 (Happy Hollow/Huntsville Intersection) — 23,000 s.f. (0.53 acres, est. — work to be done by City & dedicated to the State) DISCUSSION In order to meet the AHTD deadlines, it would be beneficial to the State and the City that property could be dedicated to the Arkansas State Highway Commission by City Council Resolution. BUDGET IMPACT This item will save the money that would have been spent on appraisals, newspaper advertisements, certified mail, and signs. RP/pol Attachment ORDINANCE NO, AN ORDINANCE AMENDING §34.27, CODE OF FAYETTEVILLE TO EXEMPT THE DEDICATION OF REAL PROPERTY TO THE ARKANSAS STATE HIGHWAY COMMISSION FROM THE REQUIREMENTS OF THE ORDINANCE; AND DECLARING AN EMERGENCY. WHEREAS, the City of Fayetteville is required from time to time to transfer lands to the Arkansas State Highway Commission to accommodate State Highway improvements within the City; and, WHEREAS, these transfers must be made in a timely manner so as not to cause undue delay to badly needed projects to provide safe and efficient roadways to the citizens of Fayetteville; and, WHEREAS, the requirements of §34.27, Code of Fayetteville, would cause such delays to several high priority projects if not immediately amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section 1 . That §34.27, Code of Fayetteville, is hereby amended by inserting the following after §34.27 (H) (3): (4) The dedication of real property to the Arkansas State Highway Commission shall be exempt from the requirements of this section and may be dedicated by City Council Resolution. Section 2. Emergency Clause. That the City Council of the-Citqof'Fayetteville, Arkansas, hereby finds the immediate dedication of certain muniarpally-owned real property to be necessary to ensure the safety of the citizens olM yetteville, and�because of such, an emergency is hereby declared to exist and this ordinancejshall be in full force and effect from the date of its passage and appp�ro al . 1 '-" ')I t , PASSED and APP/ROVED this 6" da, of, eptembet, 2005. Y. DAN COODY, Mayor ATTEST: SONAR SMITH, City Clerk J i FAYETTEVILLE CODE OF ORDINANCES TITLE III ADMINISTRATION such procedures are deemed not feasible nor 34.27 ale Of Municipally Owned Real practical. Property (C) In regard to the marketing and sale of hay produced at the sludge management site at the (A) Municipally owned real properly shall not be pollution control plant; offered for sale without the express authorization, by resolution, of the City Council. The City (1 ) The current year's sludge management site Council shall determine whether the properly hay crop shall be advertised for sale, at a should be rezoned prior to offering it for sale. preestablished base price on or about April (g) Such resolutions shall contain a specific finding 1st of a given year. The hay shall be pre- by the City Council that the subject real property committed, on a first-call, first-commit basis, up to 60% of the projected crop. Any no longer serves a municipal purpose. remaining hay shall be marketed during the (C) Two simultaneous and independent appraisals of harvest season, at the same base price on a the real properly shall be obtained by the city for first come, first served basis. the City Council's consideration, dated within six (2) A base or standard price shall be established months of the proposed sale. based on average fair market value for (D) Public notice shall be given not less than thirty square baled bermuda grass hay, behind the calendar days before the first City Council baler, in Northwest Arkansas, as established by cooperative extension service meeting at which such a resolution is introduced, recommendations. by all of the following means: (3) Prior to buyer's removal of the hay from the (1 ) A conspicuous display advertisement placed sludge management site, adjustments, as in a newspaper of general circulation in the determined by Operations Management city, on at least four separate occasions; International, Inc. (OMI) personnel, will be (2) Certified mail, return receipt requested, to all made to the base price for quantity P purchases; according to the type of bale adjacent property owners; and purchased; and the relative quality of the (3) Signs, prominently displayed, and at all r harvested hay; and for damage the hay may approaches n the subject real property, have received during the harvest. ) p Perty, announcing that the City Council will be (Code 1965, §2-69; Ord. No. 1215, 9-14-59; Ord. No. 1827, considering the sale of the real property, the 104-71 ; Ord. No. 2006, 5-7-74; Ord. No. 3545, 4-16-91 ; dale On which the sale is t0 be debated, a5 Gode 1991 §34.25; Ord. 4553, 04-06-04) well as the telephone number of the mayor's office. 34.26 Authority Of City Employee To Contract With The City (E) Upon an affirmative vote of the City Council, the An employee of the city shall be permitted to conduct city shall solicit sealed bids, at a minimum price set by the City Council, from all interested business with the city, provided the contract or job is parties. Bids must equal or exceed the minimum for services, is submitted as a competitive bid, is price set by the City Council and the appraised approved by the City Council following disclosure of value of the property. the direct or indirect financial interest of the individual employee, and the total sum payable under the (F) The city shall sell the subject real property to the contract does not exceed $500.00. highest qualified bidder. In the event none of the (Code 1965, §2-70; Ord. No. 3013, 6-5-84; Code 1991 , bids from a qualified bidder equals the minimum §34.26) price set by the City Council, the city shall reject all bids, and may reopen the bidding, upon City State law reference(s)—Purchase, lease and sale Council approval. authorized, A.C.A. §14-54-302. (G) Upon receipt of an acceptable bid, and authorization by a separate resolution of the City Council, the conveyance of the real properly shall be performed by the mayor and city clerk. CD34:5 I FAYE77EVILLE CODE OF ORDINANCES TITLE III ADMINISTRATION (H) Exemptions from the requirements of this ordinance: (1 ) The sale of the industrial park, business park, and technology park lands are expressly exempt from the provisions of this ordinance. Industrial park land includes all of the land in and around the South Industrial park as specifically identified within the black �7 other public b bold line on the map attached as Exhibit A. byA YA�- (2) The sale of real property to' w entitles or to a non-profit corporation for charitable purposes shall only Mguilre a single appraisal, a single display advertisement placed in a newspaper of general circulation in the city, the certified WL and sin re uirements set forth in subsections (2) 8 (3). Following the setting of a minimum price by the City Council no lower than the appraised value, the public entity or non-profit corporation may purchase the property at that price, and the sale shall be exempt from the provisions of subsections (E), (F) 8 (G) of this (3) If the City Council has approved by ' ordinance the Project Plan for a r 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 e,., exem t from the requirements of this section and can be serlid by City Council Resolution: Note—Ord. 4380, adopted March 19, 2002, enacts provisions for exemptions from the requirements of ordinance; such provisions have been set forth above. This ordinance was enacted with an Exhibit A attached thereto and may be viewed in the once of the city clerk anytime during regular business hours. (Ord. No. 4358, 1-2-02; Ord. No. 4380, §t , (Ex. A), 3-19-02; Ord. No. 4651 , 12-07-04) (, Zr/ State taw mferenee(s)J—'Purcha/se, lease and sale authorized, A.C.A. §14-54-302; Bidding process, A.C.A. §14- 54-402. 34.28-34.99 Reserved I CD34:6 _• City of Fayetteville • Staff Review Form City Council Agenda Items or Contracts September 6, 2005 City Council Meeting Date Ron Petrie Engineering Operations Submitted By Division Department Action Required: An ordinance supplementing Section 34.27, Sale Of Municipally Owned Real Property, to add an exemption to allow for the dedication of municipally owned real property to the Arkansas State Highway Commission by City Council Resolution. Cost of this request Category / Project Budget Program Category / Project Name $ Street Improvements Account Number Funds Used to Date Program / Project Category Name $ Sales Tax Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # Department Director Date Original Contract Date: Original Contract Number: City Attorne Date AQh A� Received in City Clerk's O i kE & Finance and Internal Service Director D e Received in Mayor's Office ta. D M orDate Comments: Clarice Pearman - Ord. 4752 Page 1 From: Clarice Pearman To: Petrie, Ron Subject: Ord. 4752 Ron, Attached is a copy of the ordinance passed by City Council September 6, 2005 amending 34.27 of the Code of Ordinances. Thanks. Clarice ArkansaeDemocrat (6azette EDITIONNORTHWEST ARKANSAS "Nom Avkwiw4s, most Widely Read Neampapev„ AFFIDAVIT OF PUBLICATION I, Erin Emis . do solemnly swear that I am the 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: 0rj1 1?17C.,r1 ) •,�2/47ffc�R was inserted in the regular editions on PO# . *' Publication Charge : $ Subscribed and sworn to before me this l `( day of 2005. IF Notary Public IORDIRANCENO- � Sharlene D. Williams AN ORDINANCE AMENDING § 34.27, CODE OF • Notary Public REAL TO EXEMPT EA THE DEDICATION OF H- e evl le REAL PROPERTY TO THE THE REQUIREMENTS STATE HIGH- My Commission Expira�sate of Arkansas WAY COMMISSION FROM THEREDUI AN EMOF TME ORDINANCE; AND DECLARING AN EMER- ARKANSAS My Commission Expires GENDY. October 18, 2014 WNEREPA the City of Fayetta8e l mqured from time to anN to senator IeMe to the snothass State Highway CcnimissWn'to emartvraclete State Highway enpmenonte Wftn the CIN; a d. y.r (� 'badly these transfers must be thrice In a artNly menrer so W not to causer urWue delay to Please do not pay from Affidavit. badly needed prgects to promdo safe are emdent roadways to the citlzans of Fayededlle; and. An invoice will be sent. N WHEBEAB, the mm quireents of § 34.27. Code of FayetleNlle, would causer ssuch delays to sevar- fJgh pr onty projects n rot invnodietey amended. NOW, THEREFORE, BE R ORDAINED BY THE CRY COUNCIL OF THE CRY OF FAYET- TEVILLE, ARNANSAE: .. " - Section 1,That § 34.27, Code of Fayetteville, Is hereby amended by Inserting the fofloI alta § 34.27 RECEIVF. C �' (4)The dedication of of reel properly to the dedicated! by Highway Camm4slon shall bo exempt iron M reqtion 2 Emergency iy Clause. aria rosy be tledketed err City f Faysi Rale, Alan. _ �2: Emerges Clause. fcesain hat nnuihe Clly Coundlefl brperCity ofo be necessary Loon heronry antlsthe0 SEP2 2 2005 t e gtlians of Fatte �aye�e rle, mttl beWraeeof such, an emergency is hereby tlatlemtltlo edst end vusume Ina sorW� cancer sial be h full torte and affect horn the data of its passage entl approval. CITY CLERICS OFFICE PASSEO and APPROVED th s stn day of September, zoos. CITY CLERK'S OFFICE APPROVED: By: I DAN COODY, Renoir ATTEST SK - ' SONDIU 8MRXMa CItY CNrk P.O. BOX 1607 • 212 N, EAST AVENUE • FAYETTEVILLE. ARKANSAS 72701 • 479-571 -6470