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HomeMy WebLinkAboutOrdinance 4760 Section 3 : The name of said improvement district shall be Fayetteville Municipal Property Owners' Improvement District No. 7- Timber Trails. Section 4: The district shall not cease to exist upon the acquiring, constructing or completion 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. PASSED and APPROVED this 20th day of September, 2005. APPROVED: �IRK/TR�S �� . 01Y O,c • Gp _� • • •���� By: FAYETTEVILLE • = DAN COODY, Mayor ATTEST: RKANS1 0 By: G� ONDRA SMITH, City Clerk 2 14 PART OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 14, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND IRON PIN AT THE NORTHWEST CORNER OF SAID NEI/4 OF THE SW1/4; THENCE ALONG THE NORTH LINE OF SAID NEI/4 OF THE SWI/4 S87°07'09"E 20 . 00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE S87007'09"E 1302 . 49 FEET TO THE NORTHEAST CORNER OF SAID NEI/4 OF THE SW 1/4; THENCE ALONG THE EAST LINE OF SAID NE1/4 OF THE SW1/4 S0204911511W 988. 39 FEET TO THE SOUTH LINE OF THE NORTH 30 ACRES OF SAID NEI/4 OF THE SW 1/4; THENCE ALONG SAID SOUTH LINE N87007'09"W 728. 17 FEET; THENCE DEPARTING SAID SOUTH LINE NO2059'06"E 247. 55 FEET; THENCE N88017'28"W 383 . 63 FEET; THENCE NO2046' 56"E 111 . 11 FEET; THENCE N88018'04"W 191 . 00 FEET; THENCE NO2046'56"E 641 . 51 FEET TO THE POINT OF BEGINNING, CONTAINING 25. 87 ACRES, MORE OR LESS, SUBJECT TO ANY EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT. NOTICE YOUR SIGNATURE HEREON SHOWS THAT YOU FAVOR THE ESTABLISHMENT OF AN IMPROVEMENT DISTRICT . IF THE DISTRICT IF FORMED , YOU MAY BE CHARGED FOR THE COSTS OF THE IMPROVEMENTS . BEFORE THE CITY COUNCIL OF FAYETTEVILLE, ARKANSAS PETITION TO FORM FAYETTEVILLE MUNICIPAL PROPERTY OWNERS ' IMPROVEMENT DISTRICT NO. 7- TIMBER TRAILS For their petition to form Fayetteville Municipal Property Owners' Improvement District No. 7- Timber Trails, the undersigned petitioners state: 1 . Petitioners are the record title owners 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. Petitioners desire that the real property described in Exhibit "A" attached hereto and made a part hereof be established and laid off into a municipal property owners' improvement district pursuant to Ark. Code Ann. Sec. 14-94- 101 et seq. for the purpose of constructing, purchasing, accepting as a gift or maintaining facilities for waterworks, recreation, drainage, gas pipelines, underground trenches and excavations necessary for the installation by public utilities or municipal utilities of electric and RECEIVED SEP 0 6 2095 A CITY OFFAYETTEVILLE CITY CLERK'S OFFICE S telephone distribution systems, sanitary sewers, streets and highways including curbs and gutters, and sidewalks, together with facilities related to any of the foregoing, or for more than one of those purposes. 3 . Petitioners desire that the district shall not cease to exist upon the acquiring, constructing or completion 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. Petitioners name the following three individuals who own real property in the district to be appointed as commissioners of the district: Brandon Barber, Seth Kaffka and Brandon Rains. 5. Petitioners propose that the name of the district be Fayetteville Municipal Property Owners' Improvement District No. 7- Timber Trails. WHEREFORE, the undersigned Petitioners hereby petition 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. 7- Timber Trails for the purpose of constructing, purchasing, accepting as a gift or maintaining facilities for waterworks recreation, drainage, gas pipelines, underground trenches and excavations necessary for the installation by public utilities or municipal utilities of electricity and telephone distribution systems, sanitary sewers, streets including curbs and gutters, and sidewalks, together with facilities related to any of the foregoing, or for more than one of those purposes. DATED this day of September, 2005 . 6\ SCB Investments, LLC on Barber An Arkansas limite company By: l Seth Ka ca Brandon arber, authorized member Seth Brandon Rains 14 PART OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 14, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND IRON PIN AT THE NORTHWEST CORNER OF SAID NE1/4 OF THE SW 1/4; THENCE ALONG THE NORTH LINE OF SAID NEI/4 OF THE SW 1/4 S87°07'09"E 20. 00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE S87007'09"E 1302 .49 FEET TO THE NORTHEAST CORNER OF SAID NEI/4 OF THE SW 1/4; THENCE ALONG THE EAST LINE OF SAID NEI/4 OF THE SW1/4 S02049115"W 988. 39 FEET TO THE SOUTH LINE OF THE NORTH 30 ACRES OF SAID NE1/4 OF THE SW 1/4; THENCE ALONG SAID SOUTH LINE N87007'09"W 728. 17 FEET; THENCE DEPARTING SAID SOUTH LINE NO2059'06"E 247 . 55 FEET; THENCE N88° 17'28"W 383 . 63 FEET; THENCE NO2046' 56"E 111 . 11 FEET; THENCE N88018'04"W 191 . 00 FEET; THENCE NO2046' 56"E 641 . 51 FEET TO THE POINT OF BEGINNING, CONTAINING 25. 87 ACRES, MORE OR LESS, SUBJECT TO ANY EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT. BEFORE THE CITY COUNCIL OF FAYETTEVILLE, ARKANSAS PETITION TO FORM FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 7- TIMBER TRAILS ABSTRACTER'S CERTIFICATE OF PROPERTY OWNERSHIP Blue Star Title of Arkansas, Inc. hereby certifies that the deed records in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, reflect that the following are the owners of the record title to all of the real property described in Exhibit W to the Petition to Form Fayetteville Municipal Property Owners' Improvement District No. 7 — Timber Trails, a copy of which Exhibit °A° is attached hereto and made a part hereof: SCB Investments, LLC, Brandon Barber, Seth Kaffka and Brandon Rains 5e�+er1,1� DATED this �4"day of August, 2005. Blue Star Title of Arkansas, Inc. By: V V on L4, i� . W cam' ,3,4� AUTHORIZW REPRESENTATIVE RECEIVED SEP 0 6 2005 9tE�l� CITY OF FAYMEVILLE CITY CLERK'S OFFICE FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 7- TIMBER TRAILS COMMISSIONER'S OATH OF OFFICE I, SETH KAFFKA, A COMMISSIONER OF FAYETTTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 7 — TIMBER TRAILS, HEREBY SWEAR TO SUPPORT THE CONSTITUTION OF THE UNITED STATES AND THE CONSTITUTION OF THE STATE OF ARKANSAS, TO DISCHARGE FAITHFULLY MY DUTY AS AN IMPROVEMENT DISTRICT COMMISSIONER, AND TO NOT BE INTEfESTED, DIRECTLY OR INDIRECTLY, IN ANY CONTRACT LET BY THq ARD EXCEPT UPON THE APPROVAL OF ALL THE OWNERS OF REAL P O ERTY IN THE DISTRICT. SETH KA V KA STATE OF ARKANSAS ) COUNTY OF WASHINGTON ) On this the o� 9 day of September, 2005, before me, the undersigned notary public, personally appeared Seth Kaffka, known to me (or satisfactorily proven) to be the person whose name he subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. In witness whereof I hereunto set my hand and official seal. cow NOTA PUBLIC SEAL `YU'iAPy ='f RECEIVED '-COUHT •1' SEP 3 0 200"s ;ITY OF FAYETTEVILLE ^'T JIERK'BOFFICE FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 7- TIMBER TRAILS COMMISSIONER'S OATH OF OFFICE I, BRANDON BARBER, A COMMISSIONER OF FAYETTTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 7 — TIMBER TRAILS, HEREBY SWEAR TO SUPPORT THE CONSTITUTION OF THE UNITED STATES AND THE CONSTITUTION OF THE STATE OF ARKANSAS, TO DISCHARGE FAITHFULLY MY DUTY AS AN IMPROVEMENT DISTRICT COMMISSIONER, AND TO NOT BE INTERESTED, DIRECTLY OR INDIRECTLY, IN ANY CONTRACT LET BY THE BOARD EXCEPT UPON THE APPROVAL OF ALL THE OWNERS OF REAL PROPER IN THE DISTRICT. BRAIMN BARBER STATE OF ARKANSAS ) COUNTY OF WASHINGTON ) On this the efq day of September, 2005, before me, the undersigned notary public, personally appeared Brandon Barber, known to me (or satisfactorily proven) to be the person whose name he subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. In witness whereof I hereunto set y hand and official seal. NO ARY PUBLIC SEAL 5, HOL .MFs RECEIVED CoU141 SEP 3 0 2005 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 7- TIMBER TRAILS COMMISSIONER'S OATH OF OFFICE I, BRANDON RAINS, A COMMISSIONER OF FAYETTTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 7 — TIMBER TRAILS, HEREBY SWEAR TO SUPPORT THE CONSTITUTION OF THE UNITED STATES AND THE CONSTITUTION OF THE STATE OF ARKANSAS, TO DISCHARGE FAITHFULLY MY DUTY AS AN IMPROVEMENT DISTRICT COMMISSIONER, AND TO NOT BE INTERESTED, DIRECTLY OR INDIRECTLY, IN ANY CONTRACT LET BY THE BOARD EXCEPT UPON THE APPROVAL OF ALL THE OWNERS OFR PROPERTY IN THE DISTRICT. BRANDORITAINS STATE OF ARKANSAS ) COUNTY OF WASHINGTON ) On this the � q day of September, 2005, before me, the undersigned notary .public, personally appeared Brandon Rains, known to me (or satisfactorily proven) to be the person whose name he subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. In witness whereof I hereunto set my hand and official seal. NOYARY PUBLIC SEAL co . t RECEIVED -y couN1 SEP 3 0 2005 i's?TBVILLE • • i FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 7 — TIMBER TRAILS ASSESSOR'S OATH I , Alan C. King, Assessor for Fayetteville Municipal Property Owners' Improvement District No. 7 — Timber Trails, hereby swear that I will well and truly assess all benefits that will accrue to the landowners of the District by reason of the improvements. ZZ/ � C Alan C. qing State of Arkansas ) )ss. County of Pulaski ) Subscribed and sworn to before me, a Notary Public, this day of October, 2005 . oLYN �o G APPY Pzz ie •. z MY �o `: _ Notafry Publi 9 : COMMISSION : y EXPI co S •. 5/23113 ,.• Q• .� OUN RECEIVED OCT 2 5 2005 L;fl� QF i i r',ff&VILLE C'Ty CLER:I;r9 CFFICE e,L) City of Fayetteville Z0los Staff Review Forth y7/ City Council Agenda Items or /fs1 , Contracts 10, _ ;yn �xV l/^uj/S 9/20/2005 City Council Meeting Date Sondra Smith City Clerk City Clerk Submitted By Division Department Action Required: An ordinance to establish Fayetteville Municipal Property Owners' Improvement District No. 7 - Timber Trails. This petition is being filed under the Arkansas Municipal Property Owners' Improvement District law, Arkansas Code Ann. Sec. 14-94-101 et seq. The petition is being filed by Jim McCord on behalf of the Improvement District. N/A N/A N/A Cost of this request Category / Project Budget Program Category / Project Name N/A N/A N/A Account Number Funds Used to Date Program / Project Category Name N/A N/A N/A Project Number Remaining Balance Fund Name Budgeted Item N!A Budget Adjustment Attached N/A Previous Ordinance or Resolution # ev` 1Lu 6 OS' Depa men"t"Diirrector Date Original Contract Date: /d✓ro Original Contract Number. City Attorney Date Received in City Clerk's Office Finance and Internal Service Director Date Received in Mayor's Office ENiEl1 Mayor Date Comments: • JAMES N. McCORD 4 Attomey at Law 11 N. WEST AVE. SUITE #202 FAYETTEVILLE, ARKANSAS 72701 TELEPHONE (479) 695-1134 FACSIMLE (479) 695-1135 jimmccordlaw@alltel.net September 6, 2005 Sondra Smith Fayetteville City Clerk City Administration Building 113 West Mountain Street Fayetteville, AR 72701 Re: Petition to Form Fayetteville Municipal Property Owners' Improvement District No. 7- Timber Trails Dear Ms. Smith: Enclosed for filing in the office of the Fayetteville City Clerk are three executed counterparts of a Petition to Form Fayetteville Municipal Property Owners' Improvement District No. 7- Timber Trails. Please file mark each Petition, retain one for the City's permanent file, 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. 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. RECEIVED ° SEP o 6 2oa5 CITY CLERKS OFFICE (2) If the governing body determines that all the owners of the real 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 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 is a form the Mayor may use to give the City Council notice of the date and time of the hearing on the Petition. Also enclosed is an executed Abstracter's Certificate certifying that the improvement district petition is signed by the owners of the record title to all the real property described in the Petition. I have drafted and enclose an ordinance which would establish the 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 construct or purchase the improvements, the district levies an annual tax on each lot in the district to pay debt service on the bonds, the annual taxes are collected by the county tax collector and paid to the bond trustee, and the trustee makes debt service payments to the bondholders. The developer must comply with all city development ordinances. Should there be any questions, please contact me. Si cerely, A es N. McCord pc: Kit Williams, City Attorney Brandon Barber Ys a e evl le ARKANSAS City Clerk/Treasurer Division September 6, 2005 Honorable Dan Coody, Mayor City Administration Building 113 W. Mountain Fayetteville, AR 72701 RECEZV'-D SEP 06 2005 CITY OF FAYETTLv,",E MAYOR'S OFFICE RE: Petition to form Fayetteville Municipal Property Owners' Improvement District No. 8 Belclaire Dear Mayor: 113 West Mountain Fayetteville, AR 72701 Telephone: (479) 575-8323 Fax: (479) 718-7695 cityclerk@ci.fayetteville.ar.us Pursuant to Arkansas Code Ann. Sec. 14-94-105 (e)(3), you are hereby notified that the enclosed Petition to form Fayetteville Municipal Property Owners' Improvement District No. 7— Timber Trails has been filed in the office of the Fayetteville City Clerk. Pursuant to Ark. Code Ann. Sec. 14-94-106 (a)(1), I hereby present you with the Petition. Sincerely, d N2�l.N Sondra Smith City Clerk/Treasurer cc: Kit Williams, City Attorney James N. McCord NOTICE YOUR SIGNATURE HEREON SHOWS THAT YOU FAVOR THE ESTABLISHMENT OF AN IMPROVEMENT DISTRICT. IF THE DISTRICT IF FORMED, YOU MAY BE CHARGED FOR THE COSTS OF THE IMPROVEMENTS. BEFORE THE CITY COUNCIL OF FAYETTEVILLE, ARKANSAS PETITION TO FORM FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 8- BELCLAIRE For their petition to form Fayetteville Municipal Property Owners' Improvement District No. 8- Belclaire, the undersigned petitioners state: 1. Petitioners are the record title owners to all of the real prdperty 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. Petitioners desire that the real property described in Exhibit "A" attached hereto and made a part hereof be established and laid off into a municipal property owners' improvement district pursuant to Ark. Code Ann. Sec. 14-94-101 et seq. for the purpose of constructing, purchasing, accepting as a gift or maintaining facilities for waterworks, recreation, drainage, gas pipelines, underground trenches and excavations necessary for the installation by public utilities or municipal utilities of electric and RECEIVED SEP 0 6 2005 Eo CITY OF F,; T L TTEV:L.. CITY CLERK'S 0FF',,^,E Ll telephone distribution systems, sanitary sewers, streets and highways including curbs and gutters, and sidewalks, together with facilities related to any of the foregoing, or for more than one of those purposes. 3. Petitioners desire that the district shall not cease to exist upon the acquiring, constructing or completion 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. Petitioners name the following three individuals who own real property in the district to be appointed as commissioners of the district: Brandon Barber, Seth Kaffka and Brandon Rains. 5. Petitioners propose that the name of the district be Fayetteville Municipal Property Owners' Improvement District No. 8- Belclaire. WHEREFORE, the undersigned Petitioners hereby petition 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. 8- Belclaire for the purpose of constructing, purchasing, accepting as a gift or maintaining facilities for waterworks recreation, drainage, gas pipelines, underground trenches and excavations necessary for the installation by public utilities or municipal utilities of electricity and telephone distribution systems, sanitary sewers, streets including curbs and gutters, and sidewalks, together with facilities related to any of the foregoing, or for more than one of those purposes. :I DATED this 6'" day of September, 2005. Dream Team, LLC An Arkansas limit i i mpany By: Brando Darbfiuthorized member • h,,4 II ALL THE SW1/4 OF THE NW1/4 OF SECTION 28, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, ALSO DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SW1/4 OF THE NW1/4; THENCE N02°40'23"E 1312,71 FEET TO THE NORTHWEST CORNER OF SAID SW1/4 OF THE NW 1/4; THENCE S87°10'24"E 1320.29 FEET TO THE NORTHEAST CORNER OF SAID SW1/4 OF THE NW1/4; THENCE S02°3323W 1314.52 FEET TO THE SOUTHEAST CORNER OF SAID SW1/4 OF THE NW1/4; THENCE N87°05'43"W 1322.97 FEET TO THE POINT OF BEGINNING, CONTAINING 39.86 ACRES, MORE OR LESS, SUBJECT TO ANY EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT. • • Page 1 of 1 14-94-106. Hearing on petition and determination. (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) 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 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 if commissioners are named in the petition and are property owners in or creditors of the district, or as is otherwise provided from among such property owners or creditors. (3) The petition shall state the specific purposes for which the district is to be formed, and the ordinance establishing the district shall give it a name which shall be descriptive of the purpose. It shall also receive a number to prevent its being confused with other districts for similar purposes. (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. (d) The findings of the governing body shall be conclusive unless attacked by a suit in the chancery court of the county in which the municipality is located, brought within thirty (30) days after the publication. History. Acts 1987, No. 113, § 4; 1989, No. 276, § 2; 1995, No. 1127, § 2. http:// 170.94.58.9/NXT/gateway.dl l/ARCode/titre 11833.htm/subtitle 13213.htm/chapter136... 9/6/2005 ORDINANCE NO. AN ORDINANCE TO ESTABLISH AND LAY OFF FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 7- TIMBER TRAILS WHEREAS, a Petition to form Fayetteville Municipal Property Owners' Improvement District No. 7- Timber Trails has been filed with the Fayetteville City Clerk; and WHEREAS, the City Clerk has presented said petition to the Mayor; and WHEREAS, the Mayor has set September 20, 2005, at 6:00 p.m. as the date and time for a hearing before the Fayetteville City Council for consideration of said petition; and WHEREAS, the Fayetteville City Council has determined from an abstracter's certificate of property ownership that those signing the petition constitute all the owners of the real property to be located in the district; and WHEREAS, the Arkansas Municipal Property Owners' Improvement District Law provides at Ark. Code Ann. Sec. 14-94-106(b)(2) that if the governing body determines that all the owners of the record title to 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 named in the petition. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 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. 7 -Timber Trails for the purpose of constructing, purchasing, accepting as a gift or maintaining facilities for waterworks, recreation, drainage, gas pipelines, underground trenches and excavations necessary for the installation by public utilities or municipal utilities 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, or for more than one of those purposes. Section 2: The following three individuals are hereby appointed as commissioners of said improvement district: Brandon Barber, Seth Kaffka and Brandon Rains. Section 2: The following three individuals are hereby appointed as commissioners of said improvement district: Brandon Barber, Seth Kaffka and Brandon Rains. Section 3: The name of said improvement district shall be Fayetteville Municipal Property Owners' Improvement District No. 7- Timber Trails. Section 4: The district shall not cease to exist upon the acquiring, constructing or completion 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. PASSED and APPROVED this 20th day of September, 2005. ATTEST: By: SONDRA SMITH, City Clerk By: APPROVED: DAN COODY, Mayor TO: Fayetteville City Council FROM: Mayor Dan Coody DATE: September _, 2005 RE: Petition to Form Fayetteville Municipal Property Owners' Improvement District No. 7— Timber Trails Pursuant to Ark. Code Ann. Sec. 14-94-106(a)(2), I hereby set Tuesday, September 20, 2005, at 6:00 p.m. as the date and time for a hearing before the Fayetteville City Council for consideration of the Petition to Form Fayetteville Municipal Property Owners' Improvement District No. 7- Timber Trails. Ark. Code. Ann. Sec. 14-94-106(b)(1) provides that, 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. Ark. code Ann. 814-94-106(b)(2)(A) provides that 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 layoff the district as defined in the petition and to appoint the commissioners named in the petition. cc: Kit Williams, City Attorney James N. McCord '14 Ii PART OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 14, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND IRON PIN AT THE NORTHWEST CORNER OF SAID NE1/4 OF THE SW1/4; THENCE ALONG THE NORTH LINE OF SAID NE1/4 OF THE SW1/4 S87°07'09"E 20.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE 587°07'09"E 1302.49 FEET TO THE NORTHEAST CORNER OF SAID NE1/4 OF THE SW 1/4; THENCE ALONG THE EAST LINE OF SAID NE1/4 OF THE SW1/4 S02°49'15"W 988.39 FEET TO THE SOUTH LINE OF THE NORTH 30 ACRES OF SAID NE1/4 OF THE SW1/4; THENCE ALONG SAID SOUTH LINE N87°07'09"W 728.17 FEET; THENCE DEPARTING SAID SOUTH LINE N02°59'06"E 247.55 FEET; THENCE N88°17'28"W 383.63 FEET; THENCE N02°46'56"E 111.11 FEET; THENCE N88°18'04"W 191.00 FEET; THENCE N02°46'56"E 641.51 FEET TO THE POINT OF BEGINNING, CONTAINING 25.87 ACRES, MORE OR LESS, SUBJECT TO ANY EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT. Sep 21 05 11:07a • p.2 0 YagC 1 U1 1 Jim McCord From: Jim McCord fjirnmccordlaw@aIfteg etj Sent Wednesday, September 21, 2005 9:18 AM To: 'cty_cleTIc@d.fayettteville.ar.us' Cc: 'Chris Travis';'Kent Arnold'; 'Brandon Raines' Subject: Ordinances establishing Fayetteville MPOID No. 7 -Timber Trails and Fayetteville MPOID No. 8- Beiclaire Sondra, Last evening the Fayettevifle City Council adopted ordinances establishing Fayetteville Municipal Property Owners' Improvement District No. 7 -Timber Trails and Fayetteville Municipal Property Owners' Improvement District No.8-Belclaire. Please mail me the following documents as soon as they.are.available: (1). Copy. of:each;sgned;ordinance certified by City Clerk; 4(Z)--Copyrofexcetpisdromininutes:of Fayetteville City Council meeting, certified by City Clerk, reflecting adoption of each ordinance by City Council; A(3) Copy.ofnewspepenaffidavitroFpublication of each ordinance. My malting address is: James N. McCord Attorney at Leaw 11 N. West Ave., Ste.#202 Fayetteville, AR 72701 Thank you for your assistance. Should you have any questions, please contact me. Jim 9/21/2005 Sep 21 05 11:07a P. JAMES N. McCORD Attorney attao 11 N. WEST AVE. ;RE SUITE #202 FAYEITEVILLE, ARKANSAS 72701 2 2005 . TELEPHONE (479) 695-1134 Y OF FATE EVILLF FACSIMLE(479)695-1135 TY CLERKOFFICE Jimmccordlaw@alltel. not CONFIDENTIAL FACSIMILE TRANSMISSIONS TO: 5//77 RE: RE: FAX NO. a f ` %G %S NUMBER OF PAGES-(Inclu pg'this page): RECEIVED SEP 2. 1 2005 CITY OF i-.,Y E ITEVILLE CITY CLERK'S OFFICE DATE: 9 >/ G r TIME: ly %/6 4✓ -/h, i If you do mot .receive the. complete transmission, please call the individual named below at (479) 695-1134. BY: CONFIDENTIALITY NOTE: This communication is subject to attorney -client privilege. The information contained herein is Privileged. and Cpnfidential Information intended only for the addressee. If you are aot -th0 addressee, -yon are hereby notified that any dissemination, distribution, or copy of this ,ommuntcation is strictly prohibited. If you have received this communication to rror, please iajcpediately notify us by telephone and return:the original facsimile transmission to tlie'ibove'. ddress. Thank you. From: Clarice Pearman To: Smith, Sondra Subject: Ords. 4760 & 4761 Sondra, Attached are copies of the ordinances for the property owner's improvement districts. Just so you know, I will be sending the ordinances to the paper tomorrow for publishing. They will probably publish in Monday's paper and it will be a couple of days after that when I receive the affidavits, just in case Jim asks. Thanks. a' , ti . I l IsI I i 11.fi1 k "Hoyt/unit Avkutsas' Most Widely Read Heurspa per" AFFIDAVIT OF PUBLICATION I, Erin Emit 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: cwas inserted in the regular editions on P0#. ** Publication Charge: $ /339P-., Subscribed and sworn to before me this day of _,2005. B • r Commission ExpiresI WHENIA My Commission Expir� o r Ia*Tenkp ** Please do not pay from Affidavit. An invoice will be sent. ORDINANCE NO. 4760 "CE TO ESTABLISH AND LAY OFFTayeVE MUNICIPAL PROPOPERTY OWNERS'Yi DISTRICT NO. 7- TiMBER TRAILSe Pettitpn to form Fayetteville Mwtdpel emIrnpovOnert District No: 7- Timber 'Mod with the FayetteNle Gty Clark: and the City Clerk has presented said petition to the Mayor; and the Mayor has set September 20, 2005, at 6:00 P.M. as the date and time for a hearing ette1le City Counci fcc consideration of said petition: and the Fayettayle City Council has determined from an aDsvacter9 certificate of property I those Signing the petition constitute all the owners of the real properly to be located In IEREAB� the AM1anses Mur pa Property Owners Impmvemenb District Law provides at Ark. Code i. Sec. 14-94-108(b)(2) that if the goverrvrg body detenninss that all the owners of the record are to real Property to be Posted In the district have petted for the improvements. it than then be is by ordinance to establish and lay of the district as defined in the petition and to appoint the can- slonors named in the petition. NOW, THEREFORE, BE R ORDAINED BY THE CRY COUNCIL OF ARNANBAB; Section 1: That the real property described in E4 -bit 'A' attached hereto and made a part hereof Is hereby established and laid of as FayetteNle Mugpw Property Owners lmpro errant gstrlt No. ]- Timber Trals far the purpose of mnatrucfrg, puchasing, accepthng as a gin or maintsning farLitas far watemnrks, recreation, drainage, gas Pipelines, underground branches and excavations necessary for the installation by public utilities or municipal utilities of electric and telephone distribution systems, sen- ltery savers. streets and highways IrUi dkg curbs and gutters, and sidewalks, together with fadlitee related to any of to foregoing, or for mar than one of those purposes. Section 2: The fol o Mng tree IndMduasere hereby appointed s, mrnmissbnem of say Improvement district: Brandon Berber, Seth Kafka and Brandon Reins. Section 3: The name of said mprovement district shell be Fayettovile Munldpal Property Owners' Improvement District No, 7- Trnber Trek. Section 4: The dsaict shat not cease to exist upon the acgLfr hg, comtructkg or completion of to knpnrvements, but it shall continue to exist for the purpose of preseMng, mantaining, and operating the Improvements, replacing equipment, paying salaries to employees, and performing any other functions w services authorized In Ark. Code Ani., Title 14, Chapter 94. PASSED and APPROVED this 20th day of September, 2005. APPROVED: P.O. BOX 1607 • 212 N. EAST AVENUE ORDINANCE NO. 4760 AN ORDINANCE TO ESTABLISH AND LAY OFF FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 7- TIMBER TRAILS WHEREAS, a Petition to form Fayetteville Municipal Property Owners' Improvement District No. 7- Timber Trails has been filed with the Fayetteville City Clerk; and WHEREAS, the City Clerk has presented said petition to the Mayor; and WHEREAS, the Mayor has set September 20, 2005, at 6:00 p.m. as the date and time for a hearing before the Fayetteville City Council for consideration of said petition; and WHEREAS, the Fayetteville City Council has determined from an abstracter's certificate of property ownership that those signing the petition constitute all the owners of the real property to be located in the district; and WHEREAS, the Arkansas Municipal Property Owners' Improvement District Law provides at Ark. Code Ann. Sec. 14-94-106(b)(2) that if the governing body determines that all the owners of the record title to 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 named in the petition. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 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. 7 -Timber Trails for the purpose of constructing, purchasing, accepting as a gift or maintaining facilities for waterworks, recreation, drainage, gas pipelines, underground trenches and excavations necessary for the installation by public utilities or municipal utilities 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, or for more than one of those purposes. Section 2: The following three individuals are hereby appointed as commissioners of said improvement district: Brandon Barber, Seth Kaffka and Brandon Rains.