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