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HomeMy WebLinkAboutOrdinance 4761 Section 3 : The name of said improvement district shall be Fayetteville Municipal Property Owners' Improvement District No. 8 — Belclaire. 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 201hday of September, 2005. APPROVED: TR 'p.,, S ' .000 By: Zzf FAYETTEVILLE • = D GOODY, May ATTEST: ',9s 9:91( A NSP Jam~3 iy� G'114 �. ''0 TON � By: SO DRA SMITH, City Clerk 2 ALL THE SWI/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 SWI/4 OF THE NW1/4; THENCE NO2040'23"E 1312 . 71 FEET TO THE NORTHWEST CORNER OF SAID SW1/4 OF THE NW1/4; THENCE S87010'24"E 1320. 29 FEET TO THE NORTHEAST CORNER OF SAID SW1/4 OF THE NW1/4; THENCE S02033'23"W 1314. 52 FEET TO THE SOUTHEAST CORNER OF SAID SWI/4 OF THE NW 1/4; THENCE N87005'43"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. • 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: I . 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 2005 CIN CLERICS OFFICE �" 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 Kaftka 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. DATED this 6`h day of September, 2005. Dream Team, LLC Bran az er An Arkansas ' 'te a ' company By: Seth a z Brando arber, authorized member randon Rains BEFORE THE CITY COUNCIL OF FAYETTEVILLE, ARKANSAS PETITION TO FORM FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 8- BELCLAIRE 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 "A" to the Petition to Form Fayetteville Municipal Property Owners' Improvement District No. 8 — Belclaire, a copy of which Exhibit "A" is attached hereto and made a part hereof: Dream Team, LLC, Brandon Barber, Seth Kaffka and Brandon Rains Seg�e,Yr,b.e,� DATED this( day ofd , 2005. Blue Star Title of Arkansas, Inc. By: 6 CL C1 k A - KJ — AUTHORIZga REPRESENTATIVE RECEIVED SEP 0 6 2005 F�( (RED CITY OF FAYETTEVILU'. �r CITY CLERK'S OFFICE ALL THE SWI/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 SWI/4 OF THE NW 1/4; THENCE NO2040'23"E 1312 ,71 FEET TO THE NORTHWEST CORNER OF SAID SW 1/4 OF THE NW 1/4; THENCE S87010'24"E 1320. 29 FEET TO THE NORTHEAST CORNER OF SAID SW1/4 OF THE NW1/4; THENCE S02033'23"W 1314. 52 FEET TO THE SOUTHEAST CORNER OF SAID SWI/4 OF THE NW1/4; THENCE N87005'43"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. FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 8- BELCLAIRE COMMISSIONER'S OATH OF OFFICE I, SETH KAFFKA, A COMMISSIONER OF FAYETTTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 8 — BELCLAIRE, 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 INTEPASTED, DIRECTLY OR INDIRECTLY, IN ANY CONTRACT LET BY THE 0 RD EXCEPT UPON THE APPROVAL OF ALL THE OWNERS OF REAL P OP RTY IN THE DISTRICT. SETH TKA STATE OF ARKANSAS ) COUNTY OF WASHINGTON ) On this the Z 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. aL NOTARY PUBLIC SEAL v � c„ 110( ,!, a ' s "01 A ! , . RECEIVED mHTr SEP 3 0 2005 CITY OF FAYErrEVILLE "'^' SLE?':'.^, nFFICF FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 8- BELCLA►RE COMMISSIONER'S OATH OF OFFICE I, BRANDON BARBER, A COMMISSIONER OF FAYETTTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 8 — BELCLAIRE, 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 PROPERTY IN THE DISTRICT. BRANDON BARBER STATE OF ARKANSAS ) COUNTY OF WASHINGTON ) On this the 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 setand official seal. r NOTARY PUBLIC SEAL P C ..f4tn �'< : i RECEKED \ b 3 0 2005 ny .COUMTY *r4 CITY OF FA<ETTEVIL LE 0 0 FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 8- BELCLAIRE COMMISSIONER'S OATH OF OFFICE I, BRANDON RAINS, A COMMISSIONER OF FAYETTTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 8 — BELCLAIRE, 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 EAL PROPERTY IN THE DISTRICT. BRANDON RAINS STATE OF ARKANSAS ) COUNTY OF WASHINGTON ) dL On this the �9 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. NOTARY PUBLIC SEAL P S. Fled/� 1 It's RECEIVED SEP 3 0 2005 CITY �+TY CLERKS OFFICE FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 8 — BELCLAIRE ASSESSOR'S OATH I , Alan C. King, Assessor for Fayetteville Municipal Property Owners' Improvement District No. 8 — Belclaire 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. Alan g State of Arkansas ) )SS. County of Pulaski ) Subscribed and sworn to before me, a Notary Public, this day of October, 2005. PPOLYN 0 / :: PRY Pie•.• i MY �� jN*otaPutlic 4 G :: COMMISSION :: Q` 9s'.• Ey'l� ;• Pte"; N'TYi`PP```�` RECEIVED OCT 25 2005 ®fl!TY CLERRK S OFFICE • City of Fayetteville Staff Review Form �7 City Council Agenda Items k or l rn� Dt5 / Contracts p 2� CIaIre 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. 8 - Belclaire. 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 r N/A I Budget Adjustment AttachedN/A Q _ Previous Ordinance or Resolution # Depalbvh4t Difegtor A Date Original Contract Date: Original Contract Number: City Attorney L� Date Received in City Ciep ffice Fi ance nd Internal Service Director Date Received in Mayor's Office FJITFREO Mayor Date Comments: • JAMES N. McCORD L Attorney at Law 11 N. WEST AVE. SUITE #202 FAYETTEVILLE, ARKANSAS 72701 Sondra Smith Fayetteville City Clerk City Administration Building 113 West Mountain Street Fayetteville, AR 72701 TELEPHONE (479) 695-1134 FACSIMLE (479) 695-1135 jimmccordlaw@alltel.net September 6, 2005 VIA HAND DELIVERY Re: Petition to Form Fayetteville Municipal Property Owners' Improvement District No. 8- Belclaire 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. 8- Belclaire. 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 062005 CITY OF FAYETTEVILLE CITY CLERK'S 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. Sincerely, McCord pc: Kit Williams, City Attorney Brandon Barber TO: Fayetteville City Council FROM: Mayor Dan Coody DATE: September _, 2005 RE: Petition to Form Fayetteville Municipal Property Owners' Improvement District No. 8- Belclaire Pursuant to Ark. Code Mn. 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. 8- Belclaire. Ark. Code. Mn. 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 ORDINANCE NO. AN ORDINANCE TO ESTABLISH AND LAY OFF FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 8- BELCLAIRE WHEREAS, a Petition to form Fayetteville Municipal Property Owners' Improvement District No. 8- Belclaire 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. 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 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 3: The name of said improvement district shall be Fayetteville Municipal Property Owners' Improvement District No. 8- Belclaire. 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: By: DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk K 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°4023"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 502°33'23"W 1314.52 FEET TO THE SOUTHEAST CORNER OF SAID SW1/4 OF THE NW1/4; THENCE N87°0543"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. S o aye evi . CEIVED 113 West Mountain ARKANSAS �� SEP 06 2005 Fayetteville, AR 72701 Telephone: (479) 575-8323 CITOF'S OFFICELE Fax: (479) 718-7695 MAYOR city_clark@ci.fayetteville.ar.us City Clerklfreasurer Division September 6, 2005 Honorable Dan Coody, Mayor City Administration Building 113 W. Mountain Fayetteville, AR 72701 RE: Petition to form Fayetteville Municipal Property Owners' Improvement District No. 7 Timber Trails Dear Mayor: 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, OVIG—�' &xL Sondra Smith City Clerk/Treasurer cc: Kit Williams, City Attorney James N. McCord S 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 06 2005 CITY CLERK'S FFICE 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 Traits 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 6th day of September, 2005. Bran on Barber A Rains SCB Investments, LLC An Arkansas limite i y company By: Bran n artier, authorized member . 1 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 SW1/4 587°07'09"E 20.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE S87°0709"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 SW1/4 502°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°59'06E 247.55 FEET; THENCE N88°1728"W 383.63 FEET; THENCE N02°4656"E 111.11 FEET; THENCE N88°1804"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. .................. 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 iii 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. hup://170.94.58.9/NXT/gateway.di t/ARCode/title l 1833.htm/subtitle l 3213.htm/chapterl 36... 9/6/2005 ecf • JAMES N. McCORD • Attorney at Law 11 N. WEST AVE. SUITE #202 FAYETTEVILLE, ARKANSAS 72701 TELEPHONE (479) 695-1134 FACSIMLE (479) 695-1135 jimmccordlaw@alltel.net September 7, 2005 Sondra Smith VIA HAND DELIVERY Fayetteville City Clerk City Administration Building 113 West Mountain Street Fayetteville, AR 72701 Re: Petitions to form municipal property owners' improvement districts for Timber Trails and Belclaire subdivisions Dear Ms. Smith: Yesterday, I filed with in the office of the Fayetteville City Clerk petitions to form municipal property owners' improvement districts for Timber Trails and Belclaire subdivisions. Please include with the agenda for the Fayetteville City Council the following information regarding the subdivisions: Timber Trails- 25 acres; 48 townhomes , 15 single family homes; From intersection of Hwy 16 and Hwy 265 (Crossover Road), go West on Hwy 16. Turn right on Happy Hollow. Development is on the right. Belclaire- 40 acres; 96 single family lots; Off Hwy 112, directly across from Dean Solomon Road. Thank you for your assistance. Sincerely, J es N. McCord pc: Kit Williams, City Attorney Brandon Barber From: Clarice Pearman To: Smith, Sondra Date: 9/28/05 4:59PM 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. NORTHWEST ARKANSAS EDITION "No rtkarestArksuuas'Most Widely Read Newspaper" 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: 1712/7 ?t/ was inserted in the regular editions on OT" ** Publication Charge: $ /33 9 Subscribed and sworn to before me this day of ) ,2O05. AN FAY IMP A Notary Public Sharlene D. Williams rrN Notary Public My Commission Expir"state of�srica^ es t October 18, 2014 F ** Please do not pay from Affidavit. An invoice will be sent. DROINANCB NO. 4761 CE ETO TT ESTABLISH AND LAY OFF vt lle. MUNICIPAL PROPERTY OWNERS'raetc ' 4DISTRICT NO. 8 - BELCLAIRE 0 Petition to form Fayetteville Municipal ARKANSAS nets' Improvement District No. 8 - reen Ned with the Fayettevile City Clerk: has parented sakf potnlon to the Mayer: and set September 20. 2005. at 6:00 P.M. as the date and time for a hearing II has determined from an absvecterls certificate of property constitute of the owners of Me real property to be located In IREAB, the Arkansas Municipal Property Owners' Improvement District Law provides at Ark, Cc Sec. 14-94-108@)(2) that if the governing body determines that all the owners of the record tltl€ sal properly to be located In the district have petitioned far the Improvements. tt shaft then be by ordnance to establsh and lay oil the disWct as defined In the petltbn and to appoint the cc one's named Iii the petition. TNEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 1: That the real property described In E tit ..' attached hereto and male a pert hereof established and laid oft as Fayetteville Munkdpal Property Owners' Improvement District No. e far the pvpose of conaWcting, purchaslrg, accepting as a gift or maintaining fa ilttles' orks, recreation, drainage, gas pipelines, underground trenches and excavations necessary allatlon by pudic utilities or municipal utilities of electric and to epho a distribution systems, w wets, streets and highways incWing cubs and gutters. and sidewalks, together wain fadlitl to any of the foregoing, or far more Men one of those Iwrpoese 2: The folokAn g tivee indMduals are hereby appointed as cor,vnlssloners of said 4nryovernr me of said improvement district shat be Fayettelle MurytpS Property Owres' NO.8- - Seldom d shall not cease to edst tOo i the acq'nring, constructing or completi n of the shag cont nice to exist for the ptupOse of preserving, mantaWwtg, and operating the ing equipment, paying salaries to employees, and pertorming any other hNtcticns f In M. Code Ann.. Title 14. Chapter 94. and APPROVED this 20th day of September, 2005. P.O. BOX 1607 • 212 N. EAST AVENUE • • • FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 8- BELCLAIRE ASSESSMENT OF BENEFITS Prepared by: Alan C. 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N N N N N N N N N N W N C -a 3 o a 0)! 000 N C) O O O o 0 0 00 0 0 000 0 0 0 000 0 0 J " 0000000000000 tCp m fA 9> 9 N 3 �� m OD m tD J N N o W W OD OD Oo Oo tb OD O m •• CDMcoco�DODwm co(om3 �pa ° W! O O 0 0 O Otn(AO t0 t0 tD m N m O3 0 0 0 0 0 0 0 0 0 0 0 0 0) 00 0 O O 0 O O O O O 0 o� W ; 03 N (N N yfll V 0) 0) 0) 0 0) W O) tD O) tr a) m 0) W rnawrnw to laD OO) o» m Q, O) O)0)0) O)! AO)U IV! n 0 00000000000 o 00000000000 3 m 0 m 3 m _v, 000000000000Nn d+ m Z O f 3 ! pp 0 0 mm° O_ !!!!! tO0D tO OD t0 O .m. 00 N 0M In UO 0Dm N A.. n n tr 0 O 0 0 0 N N N W A O n O W totoU) O)On OO)- fn -)O 21. 000000000000 t3t3t3tumc3t3t3c3t3c3c3 m m m m m m m m m m m m m 3 3 3 3 3 3 3 3 3 3 3 3 d8 -I1-1-I1� m m m m m m m m m m m m m n m m m m m m m m m m m m 3 3 3 3 3 3 3 3 3 3 3 3 rrrrrrr-rrrr ORDINANCE NO. 4761 AN ORDINANCE TO ESTABLISH AND LAY OFF FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 8- BELCLAIRE WHEREAS, a Petition to form Fayetteville Municipal Property Owners' Improvement District No. 8 — Belclaire 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. 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 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.