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.
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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 ;
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By: By: i)r o4d /�t !�/ V LNA�I 'i;VGTON�G. �`��
DAN COODY, Mayor SONDRA SMITH, City Clerk
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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.
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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
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RECEIVED
HAR 10 2066
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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
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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
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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
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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
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yor Date
Comments:
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RECIENE ® 113 West Mountain
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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.
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