HomeMy WebLinkAboutOrdinance 4770 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 y %day of __C e,4kgLZ? 2005 .
APPROVED:
MAYOR
,RWTR "' .
ATTEST: ��TY p SG'�
FAYEiTEVILLE�
. .
C5h �.C.tC
C..)
y
CITY Clerk �''�0;yaroNo k,��`���
2
Ap
BOUNDARY DESCRIPTION
THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND A PART OF
THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 1 1 ,
TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BEGINNING AT A FOUND 3/8" REBAR LOCATED AT THE SOUTHWEST
CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SAID SECTION 11 , AND RUNNING THENCE NO3020'34"E 1324. 85 FEET; THENCE
S87010'56"E 1299.78 FEET TO A FOUND ALUMINUM MONUMENT; THENCE
S86059'45"E 1065 .42 FEET; THENCE S03°00' 15 "W 100.00 FEET; THENCE
S86059'45 "E 267.21 FEET; THENCE SO1 4427 W 735 .44 FEET TO THE WEST
RIGHT-OF-WAY LINE OF ARKANSAS STATE HWY NO 265 ; THENCE
SOUTHERLY ALONG SAID RIGHT-OF-WAY THE FOLLOWING: S12° 13 '34"W
210.37 FEET, S0802612411E 216. 59 FEET, S01044127"W 65 .62 FEET TO A FOUND 3/8"
REBAR LOCATED ON THE SOUTH LINE OF SAID SECTION 11 ; THENCE
LEAVING SAID RIGHT-OF-WAY AND RUNNING N87012'56"W 1334. 12 FEET
ALONG SAID SOUTH LINE TO A FOUND IRON PIN WITH A CAP LS NO. 755 ;
THENCE N87°07'51 "W 1333 .04 FEET TO THE POINT OF BEGINNING,
CONTAINING 79.7 ACRES MORE OR LESS, CITY OF FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS.
ALSO
THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 14,
TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BEGINNING AT A FOUND 3/8" REBAR LOCATED AT THE SOUTHWEST
CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SAID SECTION 11 AND RUNNING THENCE S02020' 18 "W 1308. 94 FEET TO A
FOUND STONE; THENCE N87'3 I '00W 1311 .47 FEET TO A FOUND IRON PIN ON
THE WEST LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST
QUARTER, THENCE NO2013123 "E 1327.06 FEET TO AN ALUMINUM SECTION
CORNER MONUMENT; THENCE S86°43'37"E 1314.31 FEET TO THE POINT OF
BEGINNING CONTAINING 39.7 ACRES MORE OR LESS, CITY OF
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS.
SUBJECT TO ANY EASEMENTS OR RIGHTS-OF-WAY OF RECORD.
BEFORE THE CITY COUNCIL OF FAYETTEVILLE, ARKANSAS
PETITION TO FORM FAYETTEVILLE MUNICIPAL PROPERTY OWNERS'
IMPROVEMENT DISTRICT NO. 9- BIELLA
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. 9 — Biella, a copy of which
Exhibit "A" is attached hereto and made a part hereof:
LynnKohn, LLC, Brandon Barber, Seth Kaffka and Brandon Rains
DATED this WA day of September, 2005.
Blue Star Title of Arkansas, Inc.
By:
ORIZED REPRESENTATIVE
RECEIVED
09 - 15 - 05P03 : 18 RCVD SEP 15 2005
C/IyT�Y/OryF�Fk�v �=7TF'
•. All VLLrf\J \:frN_
BOUNDARY DESCRIPTION
THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND A PART OF
THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 1 1 ,
TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BEGINNING AT A FOUND 3/8 " REBAR LOCATED AT THE SOUTHWEST
CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SAID SECTION 11 , AND RUNNING THENCE NO3020'34 "E 1324 . 85 FEET ; THENCE
S87010'56"E 1299. 78 FEET TO A FOUND ALUMINUM MONUMENT; THENCE
S86059'45 "E 1065 .42 FEET; THENCE S03°00' 15 "W 100. 00 FEET; THENCE
S86059'45 "E 267 .21 FEET; THENCE SOI °44'27 " W 735 . 44 FEET TO THE WEST
RIGHT-OF-WAY LINE OF ARKANSAS STATE HWY NO 265 ; THENCE
SOUTHERLY ALONG SAID RIGHT-OF-WAY THE FOLLOWING: S12° 13 '34 " W
210. 37 FEET, S08026'24 "E 216. 59 FEET, SO 104412711W 65 . 62 FEET TO A FOUND 3 /8 "
REBAR LOCATED ON THE SOUTH LINE OF SAID SECTION 11 ; THENCE
LEAVING SAID RIGHT-OF-WAY AND RUNNING N87012'56 " W 1334 . 12 FEET
ALONG SAID SOUTH LINE TO A FOUND IRON PIN WITH A CAP LS NO . 755 ',
THENCE N8700751 "W 1333 . 04 FEET TO THE POINT OF BEGINNING,
CONTAINING 79. 7 ACRES MORE OR LESS , CITY OF FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS .
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. 9- BIELLA
For their petition to form Fayetteville Municipal Property Owners' Improvement
District No. 9- Biella, 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 15 200
CITY OF FAYETrEVILLE
09 - 15- 05P03 : 19 RCVD CITY 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
Kaffka and Brandon Rains.
5. Petitioners propose that the name of the district be Fayetteville Municipal
Property Owners' Improvement District No. 9- Biella.
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. 9- Biella 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 .
LynnKohn, LLC
Brandon Barber An Arkansas ' bility company
4L�
By:
Seth Kaffka Brandon Barber, authorized member
Brandon Rains
BOUNDARY DESCRIPTION:
THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND A PART OF
THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 1 1 ,
TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BEGINNING AT A FOUND 3/8" REBAR LOCATED AT THE SOUTHWEST
CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SAID SECTION 11 , AND RUNNING THENCE NO302014"E 1324. 85 FEET; THENCE
S87010'56"E 1299. 78 FEET TO A FOUND ALUMINUM MONUMENT; THENCE
S86059'45"E 1065 .42 FEET; THENCE S03 °00' 15 "W 100.00 FEET; THENCE
S86059'45 "E 267 .21 FEET; THENCE SOI °44'27"W 735 .44 FEET TO THE WEST
RIGHT-OF-WAY LINE OF ARKANSAS STATE HWY NO 265 ; THENCE
SOUTHERLY ALONG SAID RIGHT-OF-WAY THE FOLLOWING: S12° 13 '34" W
210. 37 FEET, SO802612411E 216. 59 FEET, SO104412711W 65 . 62 FEET TO A FOUND 3/8"
REBAR LOCATED ON THE SOUTH LINE OF SAID SECTION 11 ; THENCE
LEAVING SAID RIGHT-OF-WAY AND RUNNING N87012'56"W 1334 . 12 FEET
ALONG SAID SOUTH LINE TO A FOUND IRON PIN WITH A CAP LS NO . 755 ;
THENCE N87007'51 "W 1333 .04 FEET TO THE POINT OF BEGINNING,
CONTAINING 79.7 ACRES MORE OR LESS, CITY OF FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS.
ALSO
THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 14,
TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BEGINNING AT A FOUND 3/8" REBAR LOCATED AT THE SOUTHWEST
CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SAID SECTION 11 AND RUNNING THENCE S02020' 18 " W 1308 .94 FEET TO A
FOUND STONE; THENCE N87°31 '00"W 1311 .47 FEET TO A FOUND IRON PIN ON
THE WEST LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST
QUARTER, THENCE NO2013123 "E 1327.06 FEET TO AN ALUMINUM SECTION
CORNER MONUMENT; THENCE S86°43'37"E 1314. 31 FEET TO THE POINT OF
BEGINNING CONTAINING 39. 7 ACRES MORE OR LESS, CITY OF
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS .
SUBJECT TO ANY EASEMENTS OR RIGHTS-OF-WAY OF RECORD.
�vf a4 vow
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT
DISTRICT NO. 9- BIELLA
COMMISSIONER'S OATH OF OFFICE
I, BRANDON RAINS, A COMMISSIONER OF FAYETTTEVILLE MUNICIPAL
PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 9 — BIELLA, 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 EXC UPON THE APPROVAL OF ALL
THE OWNERS OF REAL PROPERTY I TH T.
BRANDON RAINS
STATE OF ARKANSAS )
COUNTY OF WASHINGTON )
On this the 1 SI day of N (Nl'/t /moi / 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.
�fir� MA&ld- . W,44y
NOTARY PUBLIC
SEAL
OFFICIAL SEAL
JENNIFER D. ELLISON
NOTARY PUBLIC-ARKANSAS
WASHINGTON COUNTY
MY COMMISSION EXPIRES: 06-29-10
RECEIVED
Nov 0 2 2005
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
. 0 till d/11770
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT
DISTRICT NO. 9- BIELLA
COMMISSIONER'S OATH OF OFFICE
I, SETH KAFFKA, A COMMISSIONER OF FAYETTTEVILLE MUNICIPAL
PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 9 — BIELLA, 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, DIRTLY OR INDIRECTLY, IN ANY
CONTRACT LET BY THE BOARD EX PT UPON THE APPROVAL OF ALL
THE OWNERS OF REAL PROPERTY I (HE (STRICT.
SE FKA
STATE OF ARKANSAS )
COUNTY OF WASHINGTON )
On this the �� day of Ak 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 hereuntnd o eal.
iNOTARY PUMC
SEAL
BrandoN Ra ns,yNoEa`„
Washington Coun ry Pu611c
�, �anmissl� �, State of grkansas
pirea July 15, 2014.
RECEWRat
NOV 02 2005
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT
DISTRICT NO. 9- BIELLA
COMMISSIONER'S OATH OF OFFICE
I, BRANDON BARBER, A COMMISSIONER OF FAYETTTEVILLE MUNICIPAL
PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 9 - BIELLA, 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.
BRAN R
STATE OF ARKANSAS )
COUNTY OF WASHINGTON )
On this the Z- day of /(,&" r 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 here a han an official seal.
NOTARY PUBLIC
SEAL
"NOTARY SEAL"
Brandon Rains, Notary Public
Washington County, State of Arkansas
My Commission Expires July 15. 2014.
RECEIVED
NOV 0 2 2005
CIN OF FAY FrrEVILLL.
^'T" CLERK'S OFFICE
• City of Fayetteville .
Staff Review Form
City Council Agenda Items
or
Contracts
October 4,2005
City Council Meeting Data
Sondra Smith City Clerk City Clerk
Submitted By Division Department
Action Required:
An ordinance to establish Fayetteville Municipal Property Owners' Improvement District No. 9 - Biella. 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 #
v
De rtment Director Date Original Contract Date:
Original Contract Number.
C4 65
City Attomey Da e
Received in City Clerk's Office
4 6
Finance and Internal Service Director Date -
Received in Mayor's Office BITEAEU
A 144
Mayor Date
Comments:
a e evl le 113 West Mountain
y ARKANSAS Fayetteville, AR 72701
Telephone: (479) 575-8323
Fax: (479) 718-7695
city_clerk@ci.fayetteville.ar.us
City Clerk/Treasurer Division
September 15, 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. 9
Biella
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. 9— Biella 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,
ondra Smith
City Clerk/freasurer
cc: Kit Williams, City Attorney
James N. McCord
• JAMES N. McCORD •
Attorney at Gasp
11 N. WEST AVE.
SUITE #202
FAYETTEVILLE, ARKANSAS 72701
TELEPHONE (479) 695-1134
FACSIMLE (479) 695-1135
jimmccordlaw@alltel.net
September 15, 2005
Sondra Smith VIA HAND DELIVERY
Fayetteville City Clerk
City Administration Building
113 West Mountain Street
Fayetteville, AR 72701
Re: Petition to Form Fayetteville Municipal Property Owners' Improvement
District No. 9- Biella
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. 9- Biella. 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 15 2005
CTY OF FAYEflEVILtE
ITY CLERK'S OFFICF
'09-15-05P03:17 RCVD
(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.
.ss
(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.
Biella subdivision is proposed to have 96 lots on 120 acres located west of
Arkansas Highway 265 south of the Fayetteville Fire Station.
Should there be any questions, please contact me.
N. McCord
pc: Kit Williams, City Attorney
Brandon Barber
•
TO: Fayetteville City Council
FROM: Mayor Dan Goody
DATE: September _, 2005
RE: Petition to Form Fayetteville Municipal Property Owners'
Improvement District No. 9- Biella
Pursuant to Ark. Code Mn. Sec. 14-94-106(a)(2), I hereby set Tuesday,
October 4, 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. 9- Biella.
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 Mn. 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
SECTION 2: The following three individuals are hereby appointed as
commissioners of said improvement district: Brandon Barber, Seth Kaffka and
Brandon Rains.
I
SECTION 3: The name of said improvement district shall be Fayetteville
Municipal Property Owners' Improvement District No. 9- Biella.
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 _ day of 2005.
ATTEST:
CITY Clerk
APPROVED:
MAYOR
04
Vl e R E CE V ED 113 West Mountain
ARKANSAS Fayetteville, AR 72701
SEP 16 2005 Telephone: (479) 575-8323
CITY OF FAYETTEVILLE Fax: (479) 718-7695
MAYOR'S OFFICE city_clerk@ci.fayetteville.ar.us
City Clerk/Treasurer Division
September 15, 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. 9
Biella
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. 9— Biella 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,
ondra Smith
City Clerk/Treasurer
cc: Kit Williams, City Attorney
James N. McCord
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:
__________________________was inserted in the regular editions on
PO# ** Publication Charge: $ 2/5 �/ �/
Subscribed and sworn to before me this
17- day of ) , 2005. S,,,1 4 .Notary.Public Sharlene D. Williams
Notary Public
State of Arkansas
My Commission Expires: My Commission Expires
October 18, 2014
'" Please do not pay from Affidavit.
An invoice will be sent.
P.O. BOX 1607 • 212 N. EAST AVENUE • FAYETTEVILLE, ARKANSAS 72701 • 479-571-6470
AFA E IL ECE NI ESTABLISH AND LAY OFF yevillie
N OTOREMEN MUNICIPAL PROPERTY OWNERS'
IMPROVEMENT DISTRICT NO. 9- BIELLA
WMpty O* a Pellowl t DS n1 Na 9- S� AS
Propty hag been fled with the FayetteAe City Clerk; SEMI,
WHEREAS, the City Clerk has presented said petition to the Mayor, and.
WMpilAB, the Mayor has set October 4,2005.81:00 p.m . as the date end tithe for a heercl9 before
the FayettaNle City Coundl for consideration of seed Petition; and,
WHIREAS, the FayetteAlla City Caimdl has determined from an abstracters ceAficate property
ovmaehp that those sighing the petition o sttute ell the owners of the real property to be boated
eta *sided: and. Ownwa' frnwvermers Dsbbt lax Vo+oes at Ark. Code
AM�19e M hat 4dfae haperty detent*,Bs that al the owres of the record title to
the SEC. pwty tofi(e that H thee derrit8 body s ahai plan be 8s
d reahpmpeny to a boated k the d off the e dive p^tit deft for the bproaenand to
q ordhronca to establish end IaY oistlkt a4 deMtao in the petition and to eppo'up the cwn-
misaiwlee named In the petllon.
J I NOW. THERBPORB, Be IT ORDAINED BY THE CITY COUNCIL OF FAYETTEVILLE,
SECTION 1: That the reel property deswlbed th Edtldt'Aeltecitetl1 8 I
tonn t No!9-
teat
hereby estabished end laid on a9 Feyetteu0e MUNdpei Property
&e181IX the pUrpaaa of OJ11avuctlr j, pllydlask , acceptkig as a gift IX malflla n n9 (ws for W01w-
wod®, reweatbn, drainage 9%e apeInes, urxle(grotnd trw and excevnecessary
atlwta necessary for the
installation by pudic uNitles w munidpal ullitles of Secldc end telephone toga Jhi systems, serl
ary
sewers, streets and N
9hweys Induding curbs and gutters • and sotogether
er with facAthea related to any d the foregoing, w for more then one of those purposes. cwnrtdssbrlers of said lnae rn -
SECTION 2: The tdloMng three IniMtluala are hereby appointed
mend district: 6wtdon Bather, Seth Kafl,a and Brewton Rohs.
SECTON 3: The name of said Improvwnenl ospbt shat be Fayetteae Mir Property OArere'
blProvenlent ossict No. 9- Bola.
SECTION 4. The tlis 1ct shat rot Leese to east upon the au4Y•const'ucthlgtain w ca^aetbn of the
implwenrenta, but ed
it shell continue to st for the Ixnpase 01 presets g, malntahblg, and operating the
imprwemems. repladng equipment, paying salaries to emaoyees, and pertwm lg any other tunctlwv
or senices authorized In Ark. Code Ann., The 14, Chapter 94.
PASSED AND APPROVED th9 _ day of , 2005.
APPROVED:
Exhlbn A
)AIRY DESCRIPI IUN:
DUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND A PART OF THE SOUTHWEST
OF THE RFTH PR NGPAL MEAST �ERIDDWN BONG OF MORE N I • TRART�iCNUIPOLY DESCRIBED 18 NORTh, RANGE FOL-
NING AT A FOUND 3i8' REBAA LOCATED AT THE SOUTHWEST CORNER OF THE SOUTH -
QUARTER OF THE SOUTHWEST QUARTER OF SAD SECTION ,11, AND RUNNING THENCE
0'34'E 1324.85 FEET THENCE S87°10'56E 1299.78 FEET TO A FOUND ALUMINUM MONU-
• THENCE S86'59'45E 1065.42 FEET THENCE S03°0015 -W 100.00 FEET; THENCE
9'45'E 267.21 FEET: THENCE S01'44'27W 735.44 FEET TO THE WEST RIGHT-OF-WAY UNE
KANSAS STATE HWH NO 265; THENCE SOUTHERLY ALONG SAID RIGHT-OF-WAY THE FOL-
IC: 1659 FEEl. SO?44'2PW 65.62 FEET TO ft
.512'13'34'Wno Iiv21elvn7 n -IF SOUTH UNE FEET. soa'26'24'E 2OF SAID SECTION 11; THENCE LEAVING SAIL
TTH A CAP US NO. 755; THLNUE Nat-u/OI vv I.TI.J.'-' ! • -
TAINING 79.7 ACRES MORE OR LESS, CITY OF FAYETfEVILLE, WASHINGTON COUNTY.
OF SECTION 14, TOWNSHIP
NORTHWEST
30 WESTROF THE FIFTH PRINCIP L MERIDIAN TER OF ThE NORTHWEST QUARTERBEING MORE PARTICULARLY
AS FOLLOWS:
1 AT A FOUND 31W REBAR LOCATED AT THE SOUTHWEST CORNER OF THE SOUfH-
RTER OF THE SOUTHWEST QUARTER OF SAID SECTION 11 AND RUNNING THENCE
W 1308.94 FEET TO A FOUND STONE: THENCE N87'31'00W 1311.47 FEET TO A
)N PIN.ON THE WEST UNE OF SAID NORTHWEST QUARTER OF THE NORTHWEST
THENCE NO2 13'23E 1327.06 FEET TO A- flit N ALF FINUM Fr NNINA COTIONRNING 39.7 AGREE
�SUBIECTTO ANY (EASEMENTS OR RIGHTS -OF (WAY OF RECORD � ^ -ANY (EASEMENTS OR RIGHTS -OF WAY OF RECORD �• ••�•.� _.
ORDINANCE NO. 4770
AN ORDINANCE TO ESTABLISH AND LAY OFF
FAYETTEVILLE MUNICIPAL PROPERTY
OWNERS' IMPROVEMENT DISTRICT NO. 9-
BIELLA
WHEREAS, a
Petition
to form
Fayetteville
Municipal
Property Owners'
Improvement District No.
9- Biella
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 October 4, 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. 9-Biella 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. 9- Biella.
a:.r.
1
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT
DISTRICT NO. 9 - BIELLA
ASSESSOR'S OATH
I, Alan C. King , Assessor for Fayetteville Municipal Property Owners'
Improvement District No. 9 — Biella, 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. ,
State of Arkansas
)ss.
County of Pulaski
On the day of 2006, before me, the undersigned
notary public, personally appeared Alan C. King, known to me (or satisfactorily
proven) to be the person whose name he subscribed to the within instrument and
acknowledged that he executed that same for the purposes therein contained.
In witness whereof, I hereunto set my hand and official seal.
liii ii
%" "1O LY N
J0, ov ...........
O� $ 'k0
= MY f� : _
COMMISSION
Not ry Publi
r : EXPIRES g
5/23/13 :`Q?\:
RFC'
,fTl " i
FEB24ZDBG
ITY OF FAYEUEVILLE
CLERK'S OFFICE