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HomeMy WebLinkAboutOrdinance 4780 NOTICE YOUR SIGNATURE HEREON SHOWS THAT YOU FAVOR THE ESTABLISHMENT OF AN IMPROVEMENT DISTRICT . IF THE DISTRICT IF FORMED , YOU MAY BE CHARGED FOR j THE COSTS OF THE IMPROVEMENTS , i BEFORE THE CITY COUNCIL OF FAYETTEVILLE, ARKANSAS PETITION TO FORM FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 11 - WEST SIDE VILLAGE For its petition to form Fayetteville Municipal Property Owners' Improvement District No. 11 - West Side Village, the undersigned petitioner states: 1 . Petitioner is the record title owner 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. Petitioner desires 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 ? 9 2005 ^.'TY CLE;!!,, s cj,F f!G 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 . Petitioner desires 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. Petitioner names the following three individuals, as designated representatives of Petitioner pursuant to Ark. Code Ann. Sec. 14-94- 105(a)(2)(B), to be appointed as commissioners of the district: Richard P. Alexander, Robert J. Merryship and John Nock. 5 . Petitioners propose that the name of the district be Fayetteville Municipal Property Owners' Improvement District No. 11- West Side Village. WHEREFORE, the undersigned Petitioner hereby petitions 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. 11 - West Side Village 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 Olay of September, 2005 . West Side Development Company, LLC An Arkans emit liability company By: Richard P. Alex der Authorized member A part of the SE1/4 of the SE1/4 and part of the NE114 of the SEIM, all in Section 123 T-16-N, R-31-W, Washington County, Arkansas, and being more particularly described as follows: Commencing at the NE corner of said NE1/4 of the SE1/47 thence N 88°34'51" W, 483.46 feet; thence S 01007'06" W, 35.95 feet; thence N 88050955" W, 416.00 feet; thence S 01°07'06" W, 969.20 feet to the Point of Beginning; thence S 88°48'23" E, 416 feet, thence S 88056' 59" E, 330.00 feet; thence S 01°05' 12" W, 870.38 feet, thence West 1081 .18 feet; thence N 00047'02" E, 892.59 feet; thence S 88043924" E, 339.71 feet to the Point of Beginning, containing 21.91 acres, more or less. Also known as Tract: 3 on a plat of it survey, shown on plat of record in plat book 17 at page 102, plat records of Washington County, Arkansas. 0 0 FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 11 — WEST SIDE VILLAGE COMMISSIONER'S OATH OF OFFICE I, RICHARD P. ALEXANDER, A COMMISSIONER OF FAYETTTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 11 — WEST SIDE VILLAGE 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 P ERTY IN THE DISTRICT. RICHAR16 P. ALE ANDER STATE OF ARKANSAS ) COUNTY OF WASHINGTON ) On this the �;1 ' "_ day of October, 2005, before me, the undersigned notary public, personally appeared Richard P. Alexander, 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. ` V • ftb NOTARY PUBLIC SEAL OFFICIAL SEAL JENNIFER D. ELLISON RECEIVED NO rAgy NUSLIC-ARKANSAS WASHING7Y+N COUNTY C MYCOMMISSIONSPIRES: O�zg10 OCT 28 qoo� CITY OF FAYETTEVILLE CITY CLERK'S OFFICE 0 0 FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 11 — WEST SIDE VILLAGE COMMISSIONER' S OATH OF OFFICE I , ROBERT J . MERRYSHIP, A COMMISSIONER OF FAYETTTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 11 — WEST SIDE VILLAGE 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 PR RTY IN THE DISTRICT. RYS STATE OF ARKANSAS ) COUNTY OF WASHINGTON ) On this the / ' day of October, 2005, before me, the undersigned notary public, personally appeared Robert J . Merryship, 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 PUBtIC SEAL OFFICIAL SEAL RECEIVED JENNIFER D. ELLISON _ NOTARY PUBLIC-ARKANSAS OCT 2 8 2009 WASHINGTON COUNTY MY COMMISSION EXPIRES: 06-29-10 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE 0 0 FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 11 — WEST SIDE VILLAGE COMMISSIONER' S OATH OF OFFICE I , JOHN NOCK, A COMMISSIONER OF FAYETTTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 11 — WEST SIDE VILLAGE 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 PRO RTY IN THE DISTRICT. JO N NO STATE OF ARKANSAS ) COUNTY OF WASHINGTON ) On this the day of October, 2005, before me, the undersigned notary public, personally appeared John Nock, 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 at my hand Icial seal . NOTARY PUB SEAL OFFICIAL SEAL KATHY SKARRITT NOTARY PUBLIC . ARKANSAS RECEIVED WASHINGTON COUNTY COA7k11SSION EXP. 06/05/2013 OCT 2 8 2005 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE .rkansaeDemocrat V101azette NORTHWEST ARKANSAS EDITION "Nordwest Ark uuax' Most Wide( Read Newspaper" AFFIDAVIT OF PUBLICATION I , Erin Emisdo 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 .frommy .own personal .knowledge and reference to the files of said publication , that advertisement of: l) was inserted in the regular editions on PO# *' Publication Charge : $ 331 �- Subscribed/and sworn to before me this �0 day of , 200`;- ORDINANCE NO. 4780 FA ORDINANCE NI ESTABLISH AND LAY OFF � IMPROVEMENT DISTRICT AL PROPE E OWNERS' IMPROVEMENi DISTRICT NO. 11 - WEST SIDE VIL- LAGE Taye Notary .Public Sharlene D. Williams WNENEAB, a Ped,lon to farm Feyonedlle Municipal ARKANSAS property OMM' Improvement District No. 11- West Notary Public we vdagenes Dean ted wins PayeneAlle City Cle"ca 1 WNENEAs, ire C!ty Clerk had erssanted said petition to the Mayor; eM My Commission Expires: State of Arkansas unnimmB, YNmayor MsmOctober18. 2005. W600p.m.Wftdate and InelareneaNigMore tleFae eOe City Caunq for consideration d said pedtbn; end y commission Expire Ys FayetteMle City Cour9 IRs tletemuned ha n W abstracts a certificate of property October 18, 2014 o«nIXsna met bee t °� m as ne afi ft p«rera m me rate property to be kmtW ke � : erd MMOIB436 the Aduvses MUYdpel Property Ow ' Impwerrent District Lew prOACIOe at Arc. Code Am, Sec. 14.84.10SMX2) that d dna gov0m*V body determines Opti a/ aOvmera ne of the record titre to '* Please donot Pay from Affidavit. 1� PUP" to be located In diaddctNarepeationedforNemPoerena. aanaer llh , Its duly by OrdloWce to establish and ley GII the district as defvletl In as petition and 10 spectra the can- An invoice will be sent. niers named in ft paaboo NOW, TNERBPORE, BE R R ORDAINED BY THE CRY COUNCIL OF PAYBTTBVILLB, ARKAN6A61 Section L' Then the reel property des rood F Erhoe 'etlarnetl hereto errtl Made port hereol b Ilap by esteblshod erld�* oa as Fayette He MudccaW Property O.yrsrs•.ImprMadeni District fls 11 - Wnat Side WIagB.lOr;ihellJurpo99 olcersiruollrg, purchasing, accephtg 2 a glft,or malntalArg tochitles for vraterYrOft. m6ie 5n, drahege• gas pipelines, uMerg=M trenctres end excamtlone rrecossary . for ft Installation by pWNic u8lties or mu dpd idI ties of electric arid telephone distribution systems, sehifary saxes, atroets and Mghways ktrAudYg cubs eM salters, aM sldewaiks, lagether vAtn leclll R F f^ F I ` �� n ties raletetl to Brry of Me IOregdrg, orfp rare than Dirt of those Wrposea, n • {.� $BCaM 2: Tf1t IdO`MIg IMBB IIWMd,la8 8!e hereby app�lrrtad ee CpMY93ar1e9 al 8altl mgWafKKll tlistrtt: RicdraN P. Alexarger, Robert J. Mem/ship aro JaM Nadc. 0 C T 3 t 2005 g Tba tart a 01 se tl knp o e ne tl District she l Fe stteN a Mu Ydpa ProWM Wme s' Irtproverrsnt District No. 11 -West Side Mtge $BaIID1 /: Tf6 di$Vlf:l tlWl Iqt a0a% 1e axil IyIXI 1f9 aCQtpdfg. CGISbVCtllg IX 2InpBIIM OI the 'rrprwartsnLa, but a Urea continue to exist for ire PI+Pose of presernng, rne4rtaWrg, and oeeratinp aha CITY f)r i , . ST VILLE CITY rLEFK'SOFRCS it serMvecnas,nNis,a, rroaypl:laeddno-graeRku.lIXcMrreneta, p.any.i•nngdsect1er4l•mChtoemeIXmpslo4y.ees, eM perforrtg ortY otos IuncUons RL65® and APPROVED this 18th day of October, 2005. APPROVED: ' By. DAN COODY. MaO ATTEST: P.O. BOX 1607 • 212 N. EAST AVENUE FAYETTEVILI PONDNA Bram, CRY Cwk IM City of Fayetteville so) Staff Review Form City Council Agenda Items �0 r�, �LvYlzf S or �J Contractsrvt�, October 18,2005 City Council Meeting Date Sondra Smith City Clerk City Clerk Submitted By Division Department Action Required: An ordinance to establish Fayetteville Municipal Properly Owners' Improvement District No. 11 - West Side Village. 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 Attached N/A �J Previous Ordinance or Resolution # Department Director Date Original Contract Date: Pa 9 Original Contract Number: � � L✓� R�Z?(vS City Attorney Date r� Received in City Clerk's Office 7 • 71 d4 Finan& and Internal Service Director Date / Received in Mayor's Office ENTERED Mayor Date Comments: Fay� eARvle 113 West Mountain KAl NSAS Fayetteville, AR 72701 Telephone: (479) 575-8323 Fax: (479) 718-7695 city—clerk@ci.fayetteville.ar.us City Clerk/Treasurer Division September 29, 2005 Honorable Dan Coody, Mayor FIE � e' � 13 City Administration Building SEP L 9 2005 113 W. Mountain Fayetteville, AR 72701 CITMAYOR S OFFICE �� RE: Petition to form Fayetteville Municipal Property Owners' Improvement District No. I 1 West Side Village 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. I1 — West Side Village 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, oL'o Sondra Smith City Clerk/Treasurer cc: Kit Williams, City Attorney James N. McCord • 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 29, 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. 11 - West Side Village 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. 11 - West Side Village. 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 2 9 2995 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. sss (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. West Side Village is proposed to have approximately 366 condominium units on 21 .91 acres located on the east side of Rupple Road north of the Fayetteville Boys and Girls Club. Should there be any questions, please contact me. Sincerely, James N. McCord pc: Kit Williams, City Attorney Richard P. Alexander