HomeMy WebLinkAboutOrdinance 4843 ORDINANCE NO. 4843
ORDINANCE TO ESTABLISH AND LAYOFF THE
CLEARWOOD CROSSING MULTI-PURPOSE MUNICIPAL
PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 14 OF
FAYETTEVILLE, ARKANSAS
WHEREAS, a Petition to establish Clearwood Crossing Multi-Purpose Municipal
Property Owners' Improvement District 14 of Fayetteville, Arkansas 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 the petition; and
WHEREAS, A.C.A. § 14-94- 106 (b) (2) provides that if the governing body determines
that all owners of real property to be located in the district have petitioned for the improvement,
it shall then be its duty by ordinance to establish the district as defined in the petition and to
appoint the commissioners named in the petition; and
WHEREAS, the City Council has heard all of the parties desiring to be heard and has
ascertained from the Certification of the Abstractor that said petition was signed by all of the
record owners of real property in the proposed District.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That a municipal property owners' improvement district is hereby
established and named "Clearwood Crossing Multi-Purpose Municipal Property Owners'
Improvement District 14 of Fayetteville, Arkansas," embracing the property in the City of
Fayetteville, State of Arkansas, described in the EXHIBIT "A", attached hereto and incorporated
herein.
Section 2: That the purposes for which the District is formed are the purchasing,
accepting as a gift, constructing 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 and doing all things reasonably
incidental to the accomplishment of any of the foregoing; or doing all things now or hereinafter
permitted under applicable law.
Section 3 : That Rick Hancock, Randy Ratcliff, and Blake Miller are hereby
appointed as commissioners of the District, with all of the rights and duties afforded under the
Act.
Section 4: The District shall not cease to exist upon the acquisition, construction or
completion of the planned improvements, but shall continue to exist for the purposes of
operating, maintaining and preserving the remaining improvements, replacing equipment, paying
salaries and costs and performing any other functions or services authorized by law.
Section 5 : That the District may be dissolved by the commissioners of the District
when its obligations are paid and the ownership, operation and maintenance of the
improvements, together with the appurtenances thereto, are assumed by a municipality or other
responsible entity.
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PASSED and APPROVED this 7's day of March, 2006. ;\-a ;' \SY �Gn '
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APPROVE : ATTEST: E ; FAYETTEVILLE ; 'c
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By: By: '�ilIGTON
D COO Mayor SONDRA SMITH, City Clerk
EXHIBIT A
SURVEY DESCRIPTION
PROPOSED CLEARWOOD CROSSING SUBDIVISION
PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
31 , TOWNSHIP 17 NORTH, RANGE 30 WEST; ALSO PART OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 17 NORTH,
RANGE 30 WEST; ALSO PART OF THE FRACTIONAL NORTHWEST QUARTER OF
SECTION 6, TOWNSHIP 16 NORTH, RANGE 30 WEST, ALL IN WASHINGTON
COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS :
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 32; THENCE ALONG
THE WEST LINE OF SAID SOUTHWEST QUARTER OF SECTION 32 NORTH 02
DEGREES 00 MINUTES 33 SECONDS EAST 8.82 FEET; THENCE DEPARTING SAID
WEST LINE NORTH 88 DEGREES 35 MINUTES 27 SECONDS WEST 73 . 15 FEET TO THE
EAST RIGHT-OF-WAY LINE OF RUPPLE ROAD; THENCE ALONG SAID RIGHT-OF-
WAY LINE NORTH 04 DEGREES 21 MINUTES 38 SECONDS EAST 321 .35 FEET;
THENCE DEPARTING SAID RIGHT-OF-WAY LINE SOUTH 87 DEGREES 41 MINUTES
22 SECONDS EAST 59.96 FEET TO A FOUND IRON PIN ON THE SAID WEST LINE OF
THE SOUTHWEST QUARTER OF SECTION 32; THENCE SOUTH 87 DEGREES 37
MINUTES 41 SECONDS EAST 961 .34 FEET; THENCE SOUTH 02 DEGREES 1 I MINUTES
22 SECONDS WEST 210.00 FEET; THENCE SOUTH 87 DEGREES 37 MINUTES 41
SECONDS EAST 360.02 FEET TO A FOUND IRON PIN ON THE EAST LINE OF SAID
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32; THENCE
ALONG SAID EAST LINE SOUTH 02 DEGREES 11 MINUTES 22 SECONDS WEST 118.82
FEET TO A FOUND IRON PIN AT THE SOUTHEAST CORNER OF SAID SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32; THENCE ALONG THE
SOUTH LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 32 NORTH 87 DEGREES 37 MINUTES 41 SECONDS WEST 28 .71 FEET TO A
FOUND RAILROAD SPIKE; THENCE DEPARTING SAID SOUTH LINE SOUTH 02
DEGREES 39 MINUTES 25 SECONDS WEST 365.34 FEET; THENCE NORTH 87
DEGREES 37 MINUTES 41 SECONDS WEST 780.43 FEET; THENCE NORTH 05
DEGREES 48 MINUTES 27 SECONDS EAST 366.00 FEET TO A FOUND IRON PIN ON
THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 32; THENCE ALONG SAID SOUTH LINE NORTH 87 DEGREES 37
MINUTES 41 SECONDS WEST 531 .30 FEET TO THE POINT OF BEGINNING,
CONTAINING 15. 19 ACRES, MORE OR LESS, BEING SUBJECT TO THE RIGHT-OF-
WAY OF SALEM ROAD ALONG THE EAST SIDE THEREOF AND ALSO SUBJECT TO
ANY EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT.
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City of Fayetteville 3 ,17106
Staff Review Form
City Council Agenda Items /
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March 7, 2006 /.D_a, u/��
City Council Meeting Date Xi M3
Sondra Smith City Clerk City Clerk
Submitted By Division Department
Action Required:
An ordinance to establish Fayetteville Municipal Property Owners' Improvement District No. 14 - Clearwood
Crossing. 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 Gill Elrod Ragon Owen & Sherman, P.A.
on behalf of the Improvement District.
N/A N/A N/A
Cost of this request Category / Project Budget Program Category I Project Name
N/A IN/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 r N/A
Previous Ordinance or Resolution #
De en Director Date Original Contract Date:
Original Contract Number:
City Attorney Date
Received in City Clerk's Office
Finance and Internal Service Director Date
/ Received in Mayor's Office
�14 aa�
:1
Mayor Date
Comments:
Tayete l le 113 West Mountain
RECEIVED
ARKANSAS Fayetteville, AR 72701
FEB 21 2006 Telephone: (479) 575-8323
CITY OF FAYETTEVILLE 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. 14
Cleanvood Crossing
Multi-Purpose Municipal Property Owners' Improvement District No. 14
of Fayetteville, Arkansas
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. 14 —
Clearwood Crossing 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
Gill Elrod Ragon Owen & Sherman, P.A.
ORDINANCE NO.
TO ESTABLISH AND LAYOFF THE CLEARWOOD CROSSING
MULTI-PURPOSE MUNICIPAL PROPERTY OWNERS'
IMPROVEMENT DISTRICT NO. 14 OF FAYETTEVILLE,
ARKANSAS
WHEREAS, a Petition to establish Clearwood Crossing Multi-Purpose Municipal Property Owners'
Improvement District 14 of Fayetteville, Arkansas 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 the petition; and
WHEREAS, A.C.A. § 14-94- 106 (b) (2) provides that if the governing body determines that all owners
of real property to be located in the district have petitioned for the improvement, it shall then be its duty by
ordinance to establish the district as defined in the petition and to appoint the commissioners named in the
petition; and
WHEREAS, the City Council has heard all of the parties desiring to be heard and has ascertained from
the Certification of the Abstractor that said petition was signed by all of the record owners of real property in
the proposed District.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF FAYETTEVILLE,
ARKANSAS:
Section 1 : That a municipal property owners' improvement district is hereby established and named
"Clearwood Crossing Multi-Purpose Municipal Property Owners' Improvement District 14 of Fayetteville,
Arkansas," embracing the property in the City of Fayetteville, State of Arkansas, described in the EXHIBIT
"A", attached hereto and incorporated herein.
Section 2: That the purposes for which the District is formed are the purchasing, accepting as a gift,
constructing 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 and doing all things
reasonably incidental to the accomplishment of any of the foregoing; or doing all things now or hereinafter
permitted under applicable law.
Section 3 : That Rick Hancock, Randy Ratcliff, and Blake Miller are hereby appointed as
commissioners of the District, with all of the rights and duties afforded under the Act.
Section 4: The District shall not cease to exist upon the acquisition, construction or completion of
the planned improvements, but shall continue to exist for the purposes of operating, maintaining and preserving
the remaining improvements, replacing equipment, paying salaries and costs and performing any other
functions or services authorized by law.
Section 5 : That the District may be dissolved by the commissioners of the District when its
obligations are paid and the ownership, operation and maintenance of the improvements, together with the
appurtenances thereto, are assumed by a municipality or other responsible entity.
PASSED and APPROVED this 7w day of March, 2006.
APPROVED: ATTEST:
By: By:
DAN GOODY, Mayor SONDRA SMITH, City Clerk
2
EXHIBIT A
SURVEY DESCRIPTION
PROPOSED CLEARWOOD CROSSING SUBDIVISION
Part of the Southeast Quarter of the Southeast Quarter of Section 31 , Township 17 North, Range
30 West; ALSO part of the Southwest Quarter of the Southwest Quarter of Section 32, Township
17 North, Range 30 West; ALSO part of the Fractional Northwest Quarter of Section 6,
Township 16 North, Range 30 West, all in Washington County, Arkansas, and being more
particularly described as follows:
Beginning at the Southwest corner of said Section 32; thence along the West line of said
Southwest Quarter of Section 32 North 02 degrees 00 minutes 33 seconds East 8.82 feet; thence
departing said West line North 88 degrees 35 minutes 27 seconds West 73 . 15 feet to the East
right-of-way line of Rupple Road; thence along said right-of-way line North 04 degrees 21
minutes 38 seconds East 321 .35 feet; thence departing said right-of-way line South 87 degrees
41 minutes 22 seconds East 59.96 feet to a found iron pin on the said West line of the Southwest
Quarter of Section 32; thence South 87 degrees 37 minutes 41 seconds East 961 .34 feet; thence
South 02 degrees 11 minutes 22 seconds West 210.00 feet; thence South 87 degrees 37 minutes
41 seconds East 360.02 feet to a found iron pin on the East line of said Southwest Quarter of the
Southwest Quarter of Section 32; thence along said East line South 02 degrees 11 minutes 22
seconds West 118.82 feet to a found iron pin at the Southeast corner of said Southwest Quarter
of the Southwest Quarter of Section 32; thence along the South line of said Southwest Quarter of
the Southwest Quarter of Section 32 North 87 degrees 37 minutes 41 seconds West 28.71 feet to
a found railroad spike; thence departing said South line South 02 degrees 39 minutes 25 seconds
West 365.34 feet; thence North 87 degrees 37 minutes 41 seconds West 780.43 feet; thence
North 05 degrees 48 minutes 27 seconds East 366.00 feet to a found iron pin on the South line of
said Southwest Quarter of the Southwest Quarter of Section 32; thence along said South line
North 87 degrees 37 minutes 41 seconds West 531 .30 feet to the Point of Beginning, containing
15. 19 acres, more or less, being SUBJECT TO the right-of-way of Salem Road along the East
side thereof and also SUBJECT TO any easements, covenants or restrictions of record or fact.
RECEIVED
FEB 21 2QQ6
CITY OF FAYETTEVILLE
CITY CLERICS OFFICE
NOTICE
YOUR SIGNATURE HEREON SHOWS THAT YOU SUPPORT THE
ESTABLISHMENT OF AN IMPROVEMENT DISTRICT. IF THE
DISTRICT IS FORMED, YOU MAY BE CHARGED FOR THE COST
OF THE IMPROVEMENTS .
BEFORE THE CITY COUNCIL OF FAYETTEVILLE, ARKANSAS
IN RE: CLEARWOOD CROSSING MULTI-PURPOSE
MUNICIPAL PROPERTY OWNERS' IMPROVEMENT
DISTRICT NO. 14 OF FAYETTEVILLE, ARKANSAS
PETITION FOR FORMATION OF
MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT
TO: THE HONORABLE DAN COODY
MAYOR, FAYETTEVILLE, ARKANSAS
The undersigned, HMWHC, LLC, Rick Hancock, Randy Ratcliff, and Blake Miller
(collectively, the "Petitioners"), representing the record owners of all real property within the
area of the proposed municipal property owners' improvement district (the "Proposed District"),
do hereby petition the City Council of Fayetteville, Arkansas, under Arkansas Code Annotated
Section 14-94- 101 , et seq. (the "Municipal Property Owners' Improvement District Law"), to lay
off into a municipal property owners' improvement district the real property described in the
attached EXHIBIT A which is incorporated herein by this reference.
The Proposed District shall be formed for any one or all of the following purposes:
purchasing, accepting as a gift, constructing or maintaining waterworks, recreational facilities,
systems of gas pipelines, sewers or grading, draining, paving, curbing and guttering streets and
highways and laying sidewalks or establishing, equipping and maintaining rural fire departments;
or for more than one of these purposes and doing all things reasonably incidental to the
accomplishment of any of the foregoing; or doing all things now or hereinafter permitted under
applicable law, including without limitation the Municipal Property Owners' Improvement
District Law.
Furthermore, a Certificate of Abstractor prepared by an abstract and title company is
attached hereto as EXHIBIT B and incorporated herein by this reference and provides that the
Petitioners are the record owners of ali of the real property located within the area of the
Proposed District.
The Petitioners further petition the Court to name the following persons as
commissioners of the Proposed District: (i) Rick Hancock; (ii) Randy Ratcliff; and (iii) Blake
Miller. Each of these persons is an individual of integrity and good business ability and is a
property holder or a designated representative of a property holder in the District.
The Petitioners further petition the Court to select as the Proposed District's name
"Clearwood Crossing Multi-Purpose Municipal Property Owners' Improvement District No. 14
of Fayetteville, Arkansas. "
This Petition may be circulated to the Petitioners for signature in several identical
counterparts, which shall be considered as a whole.
[This space intentionally left blank; signatures to follow]
Notice and Petition — Lakes of Pine Knot Page 2
[Signature page to Petition for Formation of
Municipal Property Owners' Improvement District)
PETITIONERS
HMWHC, LLC
ByDated: 2006
Rick Hancock, Managing Member
Address: 4SS6 V. SgN�(,^�z�oi, s-
EAyeT/evi//�
Dated: — 2006
Rick Hancock, Individua y
Address:
/6 Dated: 2006
Randy Ratcliff, Individual �—
Address:
Ile 7LIG r
Dated: —c70 12006
AakeMitler, Individually
Address:
EXHIBIT A
to
Petition for Formation of
Property Owners' Improvement District
Survey Description
Proposed Clearwood Crossing Subdivision
Part of the Southeast Quarter of the Southeast Quarter of Section 31 , Township 17 North, Range
30 West; ALSO part of the Southwest Quarter of the Southwest Quarter of Section 32, Township
17 North, Range 30 West; ALSO part of the Fractional Northwest Quarter of Section 6,
Township 16 North, Range 30 West, all in Washington County, Arkansas, and being more
particularly described as follows:
Beginning at the Southwest comer of said Section 32; thence along the West line of said
Southwest Quarter of Section 32 North 02 degrees 00 minutes 33 seconds East 8.82 feet; thence
departing said West line North 88 degrees 35 minutes .27 seconds West 73. 15 feet to the East
right-of-way line of Rupple Road; thence along said right-of-way line North 04 degrees 21
minutes 38 seconds East 321 .35 feet; thence departing said right-of-way line South 87 degrees
41 minutes 22 seconds East 59.96 feet to a found iron pin on the said West line of the Southwest
Quarter of Section 32; thence South 87 degrees 37 minutes 41 seconds East 961 .34 feet; thence
South 02 degrees 11 minutes 22 seconds West 210.00 feet; thence South 87 degrees 37 minutes
41 seconds East 360.02 feet to a found iron pin on the Last line of said Southwest Quarter of the
Southwest Quarter of Section 32; thence along said East line South 02 degrees 11 minutes 22
seconds West 118.82 feet to a found iron pin at the Southeast comer of said Southwest Quarter
of the Southwest Quarter of Section 32; thence along the South line of said Southwest Quarter of
the Southwest Quarter of Section 32 North 87 degrees 37 minutes 41 seconds West 28.71 feet to
a found railroad spike; thence departing said South line South 02 degrees 39 minutes .25 seconds
West 365 .34 feet; thence North 87 degrees 37 minutes 41 seconds West 780.43 feet; thence
North 05 degrees 48 minutes 27 seconds East 366.00 feet to a found iron pin on the South line of
said Southwest Quarter of the Southwest Quarter of Section 32; thence along said South line
North 87 degrees 37 minutes 41 seconds West 531 .30 feet to the Point of Beginning, containing
15. 19 acres, more or less, being SUBJECT TO the right-of-way of Salem Road along the East
side thereof and also SUBJECT TO any easements, covenants or restrictions of record or fact.
Notice and Petition — Lakes of Pine Knot Page 4