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Home My WebLink AboutOrdinance 4805 • i Section 3 : The name of said improvement district shall be Fayetteville Municipal Property Owners' Improvement District No. 12- 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. Section 5 : Ordinance No. 4761 establishing Fayetteville Municipal Property Owners' Improvement District No. 8- Belclaire is hereby repealed. PASSED and APPROVED this 20'h day of December, 2005 . APPROVED: I trill,, �i4.•G\SY O,i;SGS DAN COODY, Mayor E : FAYETTEVILLE ; NS ATTEST: c'ON1,Goo, &Qt2- SONDIIA SMITH, City Clerk 2 EXHIBIT "A" The SWI /4 of the NW 1 /4 of Section 28, Township 17 North, Range 30 West, Washington County, Arkansas 3 ArkansaoDemocrat 7FOazette Words mt Arka""I Most Widely Read NewrPgW SCANNED 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 fro.m -my own personal .knowledge and reference to the files of said publication , that advertisement of: was inserted in the regular editions on r PO# �J ** Publication Charge : $ Subscribed and sworn to be a me this day of ,2005. -Notary Pubilic 5r arlene D. Williams Notary Public My Commission Expires: State of Arkansas My Commission Expires October 18, 2014 ** Please do not pay from Affidavit. An invoice will be sent. RECEIVED JAN 0 3 2005 CITY OF FAYETrEVILLE CITY CLERK'S OFFICE P.O. BOX 1607 • 212 N. EAST AVENUE • FAYETTEVILLE, ARKANSAS 72701 • 479-571 -6470 l � ORDINANCE NO. 4806 — FA ORDINANCE NI EAL PROPERTY AND W OFFTayeVIIMPRO EMEN MOTRICT PROPERTY OWNERS' IMPROVEMEM DkSIRIGT NO. 12- BELCWREWN0tBAS, a Petition to form Fayettav69 MMICipat Kp NSAS r Property Owners' Improvement District No. 12- Bekyevo has been Merl vAth the FayedevIle City Clerk: and. WHEREAS, Me Clio Clark hes prose letl said petition W the Mayor: end, WNEREAB, the Mayo hes,sst December 20, 2005, at 6:00 p.m. as the date ad Wne far a hearing before cite Fayettedoe City Council for cPrNdemtiori of said pautbnl ad, vWnevWe City Co ridt has determMocfrom the petition ad an abstracts§ cenMate Of ron Diet those sigrbg the motion consth s al the owrers of tle real pop" to W boated h the dmalut: ad. WHEREAS, the Arkansas Munid W Property Ovmare' Improvement District levy provides at Ark. Code Abd. Sac. 14.84.106(b)(2) Met It the governing body detenNnae met all the owners of Me record Bile to the reel Property to W located hi ire district have petitioned to the Improvements, it shall Ven W as duty by pdinazoa to establish antic lay off the district.as dented In the petition and to appoint the com- meslonars named In tre petition.' . I I NOW, THUREPORE, EE R ORDAINED BY THE CRY COUNCIL OP PATETTEYILLE, ARNANSA8z Secton 1: That the real property described In Exhibtt 'A' attached hereto aro made a pan tereof is have, by BstaNlshed and od oft as Fayetteville Municipal Property Owners' Impro+emeN District No. 12- Bedlalre for the purpose of constructing, purchasing, accepting as a gift or maintaining facAtes for wetawaks, recreation. drainage, gas pipelines, underground Wenches and excavatbns necessary for the Mstalbtbn by pubib utill[as or municipal utilities of electric end telephone distribution systems, san- itay sowers, streets and Nghmys Including crabs and gutters, and sidevrOks, together With facilities gelated to any d the foregoing, or for more than one of.Vere purposes. Section 2: The fdlovAng three indMduale ere hereby Oppdnted as commissioners of said improvement district: Brendon Berber, Seth KaMe and Brandon Rare. Section 3: The nome of add Improvement district steal be Fayetteville Municipal Property Oveers' Improvement District No. 12. Belcleire. Beckon 0: The district sinal ret-cease to exist Wan the acquiring, constructing or completion of the Improvements, but it shall cortn a to exist for the purpose of preserving, meintaiNng, and olperaUng the Infprovaments. replacing equipment, paying sa Mrs to employees, and performing any other functhns or servloes authorized In Ark. Coda Ann., Title 14, Chapter 04, Becton 5: Odinanoa No. 4761 estadishirg Fayetteville Municipal Property Ovrters' Improvemem District No. 8- Belcam is Beeby repeated. PASSED aa6 APPLIOYED Ws 20th day of December, 2005. APPROVED: DAN C. Alryor ATTEST: BONDM EYRN, Clpr Clap E7(HSIT 'A' The 4 of to NW1/4 of Secilon 28, Township 17 North, Range 30 West, Washington CoiM.. • FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 12- BELCLAIRE AFFIDAVIT OF PUBLICATION OF NOTICE OF FILING ASSESSMENT OF BENEFITS VO Gv G PP�SGF G� � AFFIDAVIT OF PUBLICATION STATE OF ARKANSAS, Counties of Washington 1 T.LY Vl 2V do solemnly swear that I am D1/ of the Morning News of Northwest Arkansas, a daily newspaper having a general circulation in said counties, and do solemnly swear the said r A MUN�IP owmaV advertisement was published for 46 . OF.F71pJN�0,0(igS §mstMLSP , eni! 'fth9pyyryss�opsr ICI FE `� � � in said raaenly Wqra�J ro ementNo,!e7jj I - newspaper, the said publication ,f0th -been.fl ed in FFpps Cc�a��e ilh appearing: hi 49 o, dl� 44,0.4 ' uessment, Illie:hescsyY day Of .1/VI I I_tAe co in spl9oenA (�� h p+�sae25ar r,lis, � da of �( VAiQek , �S- eiweFpy�i' ours.4t ' �y Y �_� v 0:gp of----C. 9az "j da of oheconierr fRUNI Y �$h�B�rtie(iOrouPaln C- I-s flce 6ulldlnp s 292) $:.Qld+ .MiuoenRoad In. - ecl �l da of r.6f 9pnnale q Y �df I NpyCday ofUary 1All dof Lr.S ear ' ,s'5R or1cca a Y ewot"� omj if10�Qe+ da of spec 2aaor2 myFu:9 Y day of Signed Subscribed and sworn to me this day of (' D YIijom� OFFICIAL SEAL KATHY FRENCH NOTARY PUBLIC -ARKANSAS MADISON COUNTY otary Public Commission Fx . Me 22. 2012 (,, My commission expires: 512J20 GU [2 Publication Charge $ INSW 29.22o 0 0 FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 12 — BELCLAIRE ASSESSOR'S OATH I , Alan C. King , Assessor for Fayetteville Municipal Property Owners' Improvement District No. 12 — 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 C. Ing /V State of Arkansas ) )ss. County of Pulaski ) /I Subscribed and sworn to before me, a Notary Public, this day of W r, 2005. OLYN GATT,'. Y a Pub lc �pP �° = 023 ab 2 S6L _ COMMISSION 3 r '. EXPIRES 0 ,yo •.• 5/23/13 • Q��: 'C0UN,TY"P ``\\`` 4 :��c\V 6e, \\l&\ • * (� . -2 - O x/45 ��P. �)1sf. g �dOS�rIG��I ra. �aVe evl e 113 West Mountain / ARKANSAS '" Fayetteville, AR 72701 I U t G 1 9 2005 Telephone: (479) 575-8323 O� , ,, , . _ Fax: (479) 718-7695 tv :Yu .; city_clerk@ci.fayetteville.acus City Clerk/Treasurer Division December 13, 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. 12 Belclaire Development 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. 12 — Belclaire Development 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, �O � Iv"� v Sondra Smith City Clerk/Treasurer cc: Kit Williams, City Attorney James N. McCord JAMES N, McCORD Attorney at Law RECEIVED 11 N. WEST AVE. SUITE #202 DEC 13 2005 FAYETTEVILLE, ARKANSAS 72701 CITY OF FAyt-:-rrEVILLE CITY CLERK'S OFFICE TELEPHONE (479) 695-1134 FACSIMLE (479) 695-1135 jimmccordlaw@alltel.net December 13, 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. 12- 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. 12- 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)( I ) 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 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. � sr (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 to establish Fayetteville Municipal Property Owners' Improvement District No. 12- Belclaire and name the commissioners. Section 5 in this ordinance repeals Ordinance No. 4761 establishing Fayetteville MPOID No. 8- Belclaire. There was a real estate title error in the petition when Fayetteville MPOID No. 8 was established. The 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, ames N. McCord pc: Kit Williams, City Attorney Brandon Barber TO: Fayetteville City Council FROM: Mayor Dan Coody DATE: December _, 2005 RE: Petition to Form Fayetteville Municipal Property Owners' Improvement District No. 12 — Belclaire Pursuant to Ark. Code Ann. Sec. 14-94-106(a)(2), I hereby set Tuesday, December 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. 12 — Belclaire. Ark. Code. Ann. Sec. 1 4-94-106(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. 12- BELCLAIRE WHEREAS, a Petition to form Fayetteville Municipal Property Owners' Improvement District No. 12- 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 December 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 the petition and 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. 12- 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. 1