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HomeMy WebLinkAboutOrdinance 4842 ORDINANCE NO, 4842 AN ORDINANCE TO ESTABLISH AND LAY OFF FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 13- CREEK MEADOW WHEREAS, a Petition to form Fayetteville Municipal Property Owners' Improvement District No. 13- Creek Meadow 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 March 7, 2006, 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. 13- Creek Meadow 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 Section 3 : The name of said improvement district shall be Fayetteville Municipal Property Owners' Improvement District No. 13- Creek Meadow. 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 7'h day of March, 2006. ����,sobly w 'GW; APPROVED: ATTEST: = ; FAYMEVILLE ; Z !L'• � 'h 7 By: By: i)r o4d /�t !�/ V LNA�I 'i;VGTON�G. �`�� DAN COODY, Mayor SONDRA SMITH, City Clerk 2 EXHIBIT "A" Lot 5 as shown and described on the final plat of Springwoods, filed for record June 4, 2004, in Plat Record Book 23A at Page 102 in the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas. 3 FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 13 — CREEK MEADOW COMMISSIONER'S OATH OF OFFICE I, BRANDON RAINS, A COMMISSIONER OF FAYETTTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 13 — CREEK MEADOW, 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 L PROPERTY IN THE DISTRICT. BRANDON RAINS STATE OF ARKANSAS ) COUNTY OF WASHINGTON ) On this the /D day of March, 2006, 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 Y RECEIVED HAR 10 2066 cr1Y E ySo91CIEE FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 13 — CREEK MEADOW COMMISSIONER'S OATH OF OFFICE I, SETH KAFFKA, A COMMISSIONER OF FAYETTTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 13 — CREEK MEADOW, 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 BOARID EXCEPT UPON THE APPROVAL OF ALL THE OWNERS OF R PROP TY IN THE DISTRICT. SETH VAFFKA STATE OF ARKANSAS ) COUNTY OF WASHINGTON ) On this the _ )44 day of March, 2006, 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. NOTARY PUBLIC SEAL 01 �•, U U� ` C. y'0 oN RECEIVED MAR 10 ng CITY OF FAYETTEVILLE CITY CLERK'S OFFICE FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 13 — CREEK MEADOW COMMISSIONER'S OATH OF OFFICE I, BRANDON BARBER, A COMMISSIONER OF FAYETTTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 13 — CREEK MEADOW, 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. BER STATE OF ARKANSAS ) COUNTY OF WASHINGTON ) On this the day of March, 2006, 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 set my hand and official seal. NO ARY PUBLIC SEAL X01 Aft y. z YJ c. RECEIVED MAR 10 20% CITY OF FAYETrEVILLE CITY CLERK'S OFFICE City of Fayetteville 317/4 Staff Review Form ye11a City Council Agenda ItemsPI�lLf Mcvif or P16-t. Contracts Crj tK March 7, 2006 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. 13 - Creek Meadow. 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 F77A Budget Adjustment Attached r N/A vZ Previous Ordinance or Resolution # "J, 6(1 Department Director DaKi Original Contract Date: Original Contract Number: City Attorney Date Received in City Clerk's Office Financ nd Internal Service Director Date Received in Mayor's Office ivraLz. z2 yor Date Comments: aye eV1 1• C /� RECIENE ® 113 West Mountain e ARKANSAS F t B 4 1 2006 Fayetteville, AR 72701 Telephone: (479) 575-8323 CITY OF FAYErrEVILLE Fax: (479) 718-7695 MAYOR'S OFFICE city—clerk@ci.fayetteville.ar.us City Clerk/Treasurer Division February 21 , 2006 Honorable Dan Coody, Mayor City Administration Building 113 W. Mountain Fayetteville, AR 72701 RE: Petition to form Fayetteville Municipal Property Owners' Improvement District No. 13 Creek Meadow 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. 13 — Creek Meadow 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, Sondra Smith City Clerk/Treasurer cc: Kit Williams, City Attorney James N. McCord JAMES N. McCORD Attorney at tam 11 N. WEST AVE. SUITE #202 FAYETTEVILLE, ARKANSAS 72701 TELEPHONE (479) 695-1134 FACSIMLE (479) 695-1135 . jimmccordlaw@alltel.net February 17, 2006 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. 13- Creek Meadow 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. 13- Creek Meadow. 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 FEB 17 2006 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE (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 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, for filing in the office of the City Clerk, 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 developer must comply with all city development ordinances. The completed infrastructure improvements are dedicated to the city. 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. Creek Meadow subdivision will have 48 lots on 30.78 acres located adjacent to Deane Solomon Road east of Razorback Golf Course. Should there be any questions, please contact me. Sincerely, es N. McCord pc: Hon. Dan Coody, Mayor Kit Williams, City Attorney TO: Fayetteville City Council FROM: Mayor Dan Coody DATE: February _, 2006 RE: Petition to Form Fayetteville Municipal Property Owners' Improvement District No. 13 — Creek Meadow Pursuant to Ark. Code Ann. Sec. 14-94-106(a)(2), I hereby set Tuesday, March 72 2006, 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. 13 — Creek Meadow. 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 Ann. Sec. 14-94-106(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. 13- CREEK MEADOW WHEREAS, a Petition to form Fayetteville Municipal Property Owners' Improvement District No. 13- Creek Meadow 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 March 7, 2006, 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. 13- Creek Meadow 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 SECTION 3: The name of said improvement district shall be Fayetteville Municipal Property Owners' Improvement District No. 13- Creek Meadow. 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 , APPROVED: EXHIBIT "A" Lot 5 as shown and described on the final plat of Springwoods, filed for record June 4, 2004, in Plat Record Book 23A at Page 102 in the Office of the Circuit Clerk and Ex - Officio Recorder of Washington County, Arkansas. NOTICE YOUR SIGNATURE HEREON SHOWS THAT YOU FAVOR THE ESTABLISHMENT OF AN IMPROVEMENT DISTRICT. IF THE DISTRICT IS 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. 13- CREEK MEADOW For its petition to form Fayetteville Municipal Property Owners' Improvement District No. 13- Creek Meadow, 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 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, pursuant to Ark. Code Ann. 14-94-105(aX2)(B), as designated representatives of Petitioner to be appointed as commissioners of the district: Brandon Barber, Seth Kallka and Brandon Rains. 5. Petitioners propose that the name of the district be Fayetteville Municipal Property Owners' Improvement District No. 13- Creek Meadow. 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. 13- Creek Meadow 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 February, 2006. Dream Team Holdings 1, LLC An Arkansas limited liability company By: Brandon Barber, authorized member Lot 5 as shown and described on the final plat of Springwoods, filed for record June 4, 2004, in Plat Record Book 23A at Page 102 in the Office of the Circuit Clerk and Ex - Officio Recorder of Washington County, Arkansas. BEFORE THE CITY COUNCIL OF FAYETTEVILLE, ARKANSAS PETITION TO FORM FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 13- CREEK MEADOW 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. 13 — Creek Meadow, a copy of which Exhibit "A" is attached hereto and made a part hereof: Dream Team Holdings 1, LLC DATED this15 day of February, 2006. Blue Star Title of Arkansas, Inc. EXHIBIT "A" Lot 5 as shown and described on the final plat of Springwoods, filed for record June 4, 2004, in Plat Record Book 23A at Page 102 in the Office of the Circuit Clerk and Ex - Officio Recorder of Washington County, Arkansas. . .�. ..... .............. . .. ... .. ...... NOTICE YOUR SIGNATURE HEREON SHOWS THAT YOU FAVOR THE ESTABLISHMENT OF AN IMPROVEMENT DISTRICT. IF THE DISTRICT IS 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. 13- CREEK MEADOW For its petition to form Fayetteville Municipal Property Owners' Improvement District No. 13- Creek Meadow, 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 FEB 17 2006 CITY OF FAYETTEVILLE CITY CLERK'S 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, pursuant to Ark. Code Ann. 14-94-105(a)(2)(B), as designated representatives of Petitioner 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. 13- Creek Meadow. 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. 13- Creek Meadow 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 _/ C of February, 2006 Dream Team Holdings 1, LLC An Arkansas limited liability company By: Brandon Barber, authorized member EXHIBIT "A" Lot 5 as shown and described on the final plat of Springwoods, filed for record June 4, 2004, in Plat Record Book 23A at Page 102 in the Office of the Circuit Clerk and Ex - Officio Recorder of Washington County, Arkansas. y r � BEFORE THE CITY COUNCIL OF FAYETTEVILLE, ARKANSAS PETITION TO FORM FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 13- CREEK MEADOW 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. 13 — Creek Meadow, a copy of which Exhibit "A" is attached hereto and made a part hereof: Dream Team Holdings 1, LLC DATED this day of February, 2006. Blue Star Title of Arkansas, Inc. By: 1 3j C,, �X U AUTHORI4j REPRESENTATIVE RECEIVED FEB 17 2906 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE EXHIBIT "A" Lot 5 as shown and described on the final plat of Springwoods, filed for record June 4, 2004, in Plat Record Book 23A at Page 102 in the Office of the Circuit Clerk and Ex - Officio Recorder of Washington County, Arkansas. Clarice Pearman - Ord. 4842 and 4843 PageIIiI From: Clarice Pearman To: Smith, Sondra Date: 3.10.06 5:29PM Subject: Ord. 4842 and 4843 Sondra, Attached are copies of the above ordinance passed by City Council, March 7, 2006. If anything else is needed please let me know. Thanks. Clarice NORTHWEST ARKANSAS EDITION 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 11files rof said publication, that advertisement of: O �d� t 11 n j nD j °� g499i was inserted in the regular editions on PO# ** Publication Charge: $ ^1 Subscribed and sworn to before me this day of i , 2006. Notary Public Snarlene U. Williams Notary Public State of Arkansas My Commission Expires: My !nmission Expires October 18, 2014 ** Please do not pay from Affidavit. An invoice will be sent. RECF \FF LIAR 2 2 200u CITY OF FAYL-TTEVILLI CITYcLFAK'S QFFICE 212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700 ORDINANCE NO. 4842 LAYAN TEVIL ORDINANCETOI ESTABLISHANDe evi le OFF FPRE MUNICIPAL PROPERTY T7 OWNERS' IMPROVEMENT DISTRICT NO. 13 - CREEK Y MEADOW ARKANSAS WHEREAS, a Petition to form Fayetteville Municipal Property Owners' Improvement District No. 13- Creek Meadow 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 March 7.2006, at 6:00 p.m. as the date and time for a hearing baton the Fayetteville City Council for. consideration of said petition; and WHEREAS, the Fayetteville City Council has determined tram an abstracters certificate of proper ty ownership that those signing me petition constitute all the owners of the real property to be beat ad in the district; and WHEREAS, the Arkansas Municipal Property Owners' Improvement District Law provides at Ark Code Mn. Sec. 14-94-106(b12) that If the governing body determines that all me owners of IN record title to the real property to be located in the district have petitioned for the improvements, i shall then be its duly by ordinance to establish and lay off me district as defined in the petition anti to appoint the commissioners named In the petition. - BE IT ORDAINED BY THE CITY COUNCIL OF Section 1: That the real property described in Exhibit'Aattached hereto and made a part hereof is hereby established and laid off as Fayetteville Municipal Property Owners' Improvement District No. 13- Creek Meadow 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 distri. bulion 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 improve- ment district: Brandon Barber, Seth Komi and Brandon Rains. Section 3: The name of said improvement district shall be Fayetteville Municipal Property Owners' Improvement District No. 13- Creek Meadow, 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 operat- ing the Improvements, replacing equipment, paying salaries to employees, and performing any other functions or services authorized In Ark. Code Ann„ Tile 14, Chapter 94. PASSED and APPROVED this 7th day of March, 2006. APPROVED: ATTEST: By: By: DAN COODY, Maya SONDRA SMITH, City Melt EXHIBIT -A' Lot 5 as shown and described on the final plat of Springwoods, filed for record June 4, 2004. in Plat Record Book 23A at Page 102 in the Office of the Circuit Clerk and Ex -Officio Recorder of RECF'uFn MAR22 2 200ul CITY OF FA r EITEVILL, CITY CLERK'S OFF'Cr FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 13- CREEK MEADOW ASSESSOR'S OATH I, Alan C. King, Assessor for Fayetteville Municipal Property Owners' Improvement District No. 13— Creek Meadow, 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 ) Y�C On the D " day of , 2006, before me, the undersigned notary public personally appeare Ian 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 the same for the purposes therein contained. ��`P�;oLYN e 'in,witness whereof, I hereunto se y hand and official seal. • MY n: _ C COMMISSION Q= otary ublic 'sr •. EXPIRES : c; 9P . 5123/13 •` Qom.` RECFIvrcl MAR 2 3 2006