HomeMy WebLinkAboutOrdinance 4888 FILED
2006 JUN 29 AH 11 12
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ORDINANCE NO, 4888
AN ORDINANCE CALLING AN ELECTION TO
DETERMINE WHETHER APPROXIMATELY 2,000 ACRES
CONTIGUOUS TO THE WESTERN CITY LIMITS
SHOULD BE ANNEXED INTO FAYETTEVILLE
WHEREAS, the hereinafter described territory is contiguous to the City of
Fayetteville and is necessary for the orderly growth of Fayetteville; and
WHEREAS, the lands platted and held for sale or use as municipal lots or held to
be sold as suburban property, represent the actual growth of the municipality beyond
its legal boundary; and
WHEREAS, the lands are needed for proper municipal purposes; and
WHEREAS, the lands are valuable by reason of their adaptability for prospective
municipal uses; and
WHEREAS, the fair market value of the lands proposed to be annexed is greater
than lands used only for agricultural or horticultural purposes, and the highest and best
uses of the lands is not for agricultural or horticultural purposes; and
WHEREAS, the proposed annexed lands meet all the statutory requirements for
annexation set forth in A.C.A. § 14-40-302.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby
submits to the qualified electors of the City of Fayetteville, Arkansas, and to the
qualified electors residing within the proposed lands to be annexed, the question of
annexation of the following described lands into the City of Fayetteville:
See Exhibits "A", "B" and "C" attached hereto and made a part hereof.
Please also see Exhibit "D" which is a map of the areas proposed to be annexed which is
also attached and made a part hereof. The total net acreage of all sections annexed
herewith and referred to hereinabove is about 2,017 acres.
Section 2: The question of annexation of the territory described above in Section
1 shall be submitted to the electors qualified to vote on this issue at a Special Election to
be held on Tuesday, the 10th day of October, 2006. The City Clerk shall immediately
notify the County Election Commission by forwarding a certified copy of this
ordinance.
Section 3: If at such election a majority of the qualified electors voting in such
election shall vote for such annexation, the municipality shall proceed to file a
description and map of the annexed area with the County Clerk of Washington County
and with the Secretary of State. The annexation shall be included within the corporate
limits of the City of Fayetteville thirty (30) days following the filing of the description
and map with the County Clerk, or in the event an action is filed with the circuit court,
on the date the judgment of said court becomes final. If a majority of the qualified
electors voting on the issue at the election vote against the annexation, the annexation
ordinance shall be null and void.
Section 4: If the annexation is approved and becomes final, the following
services shall be extended to the area within three (3) years or less:
Trash service
Police protection
Fire protection (fire department, fire flows where available)
Fire Department as first responders
Sewer service if available - any extensions of public or private lines
to serve these areas will be the responsibility of the property
owner/ developer
Curbside recycling and yard waste pick up
Zoning and development regulation protections
Section 5: The ballots used at said election on the question of annexation shall be
marked as follows:
❑ FOR annexation into the City of Fayetteville of the
territory described in Ordinance No. 4888.
❑ AGAINST annexation into the City of Fayetteville of the
territory described in Ordinance No. 4888.
Section 6: If any of the property identified for annexation by Exhibits A, B, C,
and D is no longer legally available for annexation at the time of election this ordinance
and the ballot shall refer only to the remaining legally annexable area.
PASSED and APPROVED this 20th day of June, 2006.
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FAYETTEVILLE :
APPROVED: ATTEST: s'9RKANSP�J�:�
y
By: i ' By:
DAN COODY, Mayor SONDRA SMITH, City Clerk
EXHIBIT A
DESCRIPTION 1 :
A part of Sections 8, 9, 10, 15, 16, 17 and 20, all within Township 16 North, Range 31 West, Washington
County, Arkansas, and being more particularly described as follows:
Beginning at the NE corner of the NE-NW-15-16-31;
Thence Southerly to the SE corner of the NE-NW-15-16-31;
Thence Westerly to the SW corner of the NE-NW-15-16-31;
Thence Southerly to the SE corner of the SW-NW-15-16-31;
Thence Westerly to the SW comer of the SE-NE-16-16-31;
Thence Northerly to the SE comer of the NW-NE-16-16-31;
Thence Westerly to the SW corner of the NE-NW-16-16-31;
Thence Southerly to the SE corner of the SW-SW-16-16-31;
Thence N 88° 12' 11" W 357.41 feet;
Thence N 88° 12' 12" W 243.53 feet,
Thence S 75° 55' 59" W 282.72 feet;
Thence S 65° 08' 19" W 233.2 feet;
Thence N 83° 24' 43" W 218.68 feet;
Thence S 02° 23' 491" W 86.18 feet;
Thence S 85° 35' 11" W 307.42 feet,
Thence S 85° 35' 12" W 307.94 feet;
Thence S 860 02' 18" W 307.66 feet;
Thence S 76° 41' 36" W 317.55 feet;
Thence S 02° 18' 53" W 29.79 feet,
Thence S 81° 20' 27" W 309.07 feet;
Thence N 02° 18' 57" E 28.91 feet;
Thence S 69° 48' 29" W 166.43 feet,
Thence N 37° 10' 26" W 175.55 feet;
Thence N 29° 34' 28" W 76.14 feet;
Thence N 15° 14' 14" W 83.02 feet;
Thence N 02° 59' 57" W 104.18 feet;
Thence N 02° 44' 06" E 244.98 feet;
Thence N 88° 15' 05" W 82.97 feet;
Thence N 02° 10' 21" E 1283.34 feet;
Thence S 87° 14' 06" E 650.40 feet, to the SW corner of the NE-SE-17-16-31;
Thence Northerly to the SE corner of the SW-NE-17-16-31;
Thence N 87° 24' 53" W 631.72 feet,
Thence N 03" 01' 07" E 1093.69 feet;
Thence N 03` 01' 07" E 231 .03 feet;
Thence N 87° 35' 37" W 691.83 feet, to the SE corner of the NE-NW-17-16-31;
Thence Westerly to the SW corner of the NE-NW-17-16-31;
Thence Northerly to the NW corner of the NE-NW-17-16-31;
Thence Easterly to the SW corner of the SW-SE-8-16-31;
Thence NO2° 38' 58" E 1115.58 feet;
Thence S 87° 45' 35" E 1304.80 feet;
Thence N 02° 31' 33" E 209.98 feet, to the SW corner of the NE-SE-8-16-31;
Thence Northerly to the NW corner of the NE-SE-8-16-31;
Thence Easterly to the NW corner of the NE-SE-9-16-31;
Thence S 87° 47' 35" E 506.32 feet;
Thence N 02° 19' 25' E 210.00 feet;
Thence S 87° 40' 35" E 210.00 feet;
Thence N 02° 19' 25" E 711.00 feet;
Thence S 87° 40' 35" E 594.00 feet;
Thence N 02° 19' 24" E 403.44 feet; to the NW comer of the SW-NW-10-16-31;
Thence Easterly to the NE comer of the SW-NW-10-16-31;
Thence Northerly to the NW corner of the NE-NW-10-16-31;
Thence S 87° 54' 23" E 662.49 feet,
Thence S 02° 33' 40" W 1094.55 feet;
Thence S 02° 00' 01" W 226.54 feet;
Thence S 88° 00' 23" E 667.00 feet,
Thence N 02° 27 55" E 34.52 feet;
Thence S 870 52' 34" E 659.92 feet;
Thence S 02° 28' 07" W 591.27 feet,
Thence S 02° 27' 58" W 94.22 feet;
Thence S 02° 25' 02" W 3310.46 feet;
Thence N 87° 57' 35" W 184.36 feet,
Thence N 17° 05' 57" W 32.8 feet;
Thence N 41° 18' 37" W 112.77 feet;
Thence N 380 39' 04" W 55.87 feet;
Thence N 38° 39' 03" W 65.31 feet;
Thence 57° 21' 02" W 69.84 feet;
Thence N 25° 29' 06" W 114.53 feet;
Thence N 87° 57 34" W 198.00 feet;
Thence S 02° 04' 40" W 342.00 feet,
To the Point of Beginning and containing 1,499.80 acres, more or less.
EXHIBIT B
DESCRIPTION 2:
A part of Sections 14, 15, 22, and 23, all within Township 16 North, Range 30 West, Washington County,
Arkansas, and being more particularly described as follows:
Beginning at the NE corner of the NE-SW-1416-31;
Thence Southerly to the SE corner of the NE-SW-14-16-31;
Thence S 02° 35' 16" W 661.59 feet;
Thence N 87° 36' 00" W 661.32 feet;
Thence N 02° 35' 19" E 630.16 feet,
Thence N 88° 00' 21" W 661.34 feet;
Thence S 02° 35' 23" W 1294.47 feet, to the SE corner of the SW-SW-14-16-31;
Thence Southerly to the SE corner of the NW-NW-23-16-31;
Thence Westerly to the SW corner of the NW-NW-23-16-31;
Thence N 88° 00' 26" W 269.64 feet;
Thence N 02° 22' 19" E 177.38 feet;
Thence N 88° 00' 25" W 528.06 feet;
Thence N 02° 21' 13" E 15.00 feet;
Thence S 88° 07 35" E 291 .78 feet;
Thence N 01' 52' 25" E 150.00 feet;
Thence N 87° 54' 34" W 290.52 feet,
Thence S 02° 21' 07" W 343.49 feet;
Thence N 88° 00' 25" W 528.00 feet, to the SW corner of the NE-NE-22-16-31;
Thence Northerly to the SE corner of the SW-SE-15-16-31;
Thence N 88° 10' 52" W 634.49 feet;
Thence N 02° 31' 09" E 196.86 feet;
Thence N 68° 47 48" E 641.04 feet;
Thence N 68° 47' 48" E 51.96 feet; +
Thence N 02° 31' 08" E 858.00 feet, to the SW corner of the NE-SE-15-16-31;
Thence Northerly to the SE corner of the SW-NE-15-16-31;
Thence Westerly to the SW corner of the SW-NE-15-16-31;
Thence N 02° 38' 07" E 1024.77 feet;
Thence S 87° 50' Ol" E 1328.58 feet;
Thence N 02° 41' 31" E 292.53 feet;
Thence N 02° 31' 48" E 999.24 feet;
Thence S 88° 00' 29" E 376.18 feet;
Thence S 02° 25' 42" W 165.64 feet;
Thence S 88° 00' 29" E 948.26 feet;
Thence S 02° 39' 20" W 161.71 feet;
Thence N 88° 20' 14" W 1279.93 feet,
Thence S 02° 27' Olt' W 329.38 feet;
Thence S 88° 16' 00" E 1278.73 feet;
Thence S 02° 39' 19" W 302.10 feet;
Thence S 87° 38' 05" E 990.63 feet;
Thence N 02° 37' OF E 236.24 feet;
Thence S 87° 35' 38" E 825.49 feet;
Thence N 02° 54' 56" E 146.47 feet;
Thence S 87° 46' 26" E 823.53 feet;
Thence S 02° 35' 16" W 412.10 feet, to the NE corner of the SE-NW-14-16-31;
Thence Southerly to the Point of Beginning and containing 476.25 acres, more or less.
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CERTIFICATE OF RECORD
State of Arkansas )
)ss:
City of Fayetteville )
I, Sondra Smith, City Clerk/Treasurer for the City of Fayetteville, Arkansas, do hereby
certify that the foregoing instrument is a true and correct copy of the original C)jt_d AAv-Gk. 8g
filed in my office on the,,Q0� day of -, 200(o .
WITNESS my hand and seal this O1n ' &� day of 20 .
Sondra Smith, City ClerkFrreasurer
City of Fayetteville, Arkansas
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City of ,Fayetteville
Staff Review Form
City Council Agenda Items Avrj6A POPJ
or
Contracts E/ IID
d0W 0
6-Jun-06
City Council Meeting Date
Tim Conklin Planning & Development Mgmt. Operations
Submitted By Division Department
Action Required:
An Ordinance calling an election to determine whether approximately 2.017 acres of certain lands contiguous to the Western
City Limits should be annexed into the City of Fayetteville.
$209000.00 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 CategoryName
n/a n/a n/a
$
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution # n/a
Department Director Date Original Contract Date: n/a
Original Contract Number: n/a
S- IN - 06
City Attor
Received in ity Clerk's Office
irN�EftED
s - J9, o6 n�
Finance Service Director Date _
Received in Mayor's Office
MayoF Da e
Comments:
City Council Meeting of June 06, 2006
Agenda Item Number
CITY COUNCIL AGENDA MEMO
TO: Mayor and City Council
FROM: Annexation Study Committee
DATE: May 18, 2006
RE: AN ORDINANCE CALLING AN ELECTION TO
DETERMINE WHETHER APPROXMATELY 2,017 ACRES
OF CERTAIN LANDS CONTIGUOUS TO THE WESTERN
CITY LIMITS SHOULD BE ANNEXED INTO THE CITY
OF FAYETTEVILLE
RECOMMENDATION
Adoption of an ordinance calling an election to determine whether all areas south
of Wedington between Broyles and Double Springs to the current Farmington
City Limits and all areas west of Double Springs 1320' west of Harmon Road
including all of Forest Hills Subdivision and potentially south to Goose Creek
should be annexed into the city of Fayetteville. Staff recommends the City
Council set a special election to be held on Tuesday, August 8, 2006 or Tuesday,
September 12, 2006.
BACKGROUND
On April 4, 2006 the City Council passed resolution No. 66-06 establishing an
annexation Study Committee to provide analysis and recommendations for
annexation options in west Fayetteville. The annexation study committee
consisted of the director of Operations, the City Engineer, the Water /Wastewater
Director, the Planning and Development Management Director, and City Council
Representative Shirley Lucas. The Resolution stated that a recommendation was
to be made within four weeks to the full City Council. On May 2, 2006, the
Fayetteville City Council received a report and recommendation regarding
annexation of additional land into the City. The City Council voted 7- 1 -0 to
move forward with the annexation process at the May 2, 2006 City Council
meeting.
BUDGETIMPACT
Property Tax. The current Fayetteville property tax millage impact of this
annexation is an additional 3 . 1 mils for the City of Fayetteville. The current City
of Fayetteville millage is:
0.4 mil police pension
0.4 mil fire pension,
1 .0 mil City Library (replaces the existing 1 mil
County Library)
1 .3 mils City General Fund.
3.1 mils total
City Council Meeting of June 06, 2006
Agenda Item Number
The impact to property owners in the annexed areas would be an additional 2. 1
mils. The current millage is .4 mil police pension, .4 mil fire pension, 1 mil City
Library (replaces the 1 mil county library) 1 .3 mils City General Fund.
For Example: Value — Your value is based on 20% of the market value of real
estate (subject to limits of Amendment 79). If the fair market value of real estate
is $ 100007 it will have a value of 20% X $ 100,000 = $20,000. Multiply $20,000
by the additional millage and this will equal your additional tax: (Source:
Washington County, AR)
1 mil is 1 /10 of one cent ($.001 )
Additional 2. 1 mils on a 100,000 home ($20,000 X 0.0021 mils) _ $42.00
Sales Tax. The potential sales tax revenue is limited at this time due to limited
commercial activity in the proposed annexed area. The annexation study
committee has recommended that future commercial nodes be identified along the
Wedington Corridor to capture future sales tax revenue within the proposed
annexed area.
General Fund. No additional FTE' s are anticipated at this time.
Enterprise Funds (Solid Waste, Water, Sewer, Street). An additional solid waste
route would be generated with the 1 ,472.55 acre annexation and would require the
purchase of 1 Truck and an additional 1 FTE. The current population in this area
would utilize approximately 20% of the capacity of this vehicle and FTE. The
estimated cost for the truck is $200,000 and $28,000/year for the FTE.
CITY SERVICES TO BE PROVIDED
The following City services (including but not limited to) will be available to the existing
and future residences after annexation:
• Trash service
• Police protection
• Fire protection (fire department, fire flows where available)
• Fire Department as first responders
• Sewer service if available- any extensions of public or private lines to serve
these areas will be the responsibility of the property owner/developer
• Curbside recycling and yard waste pick up
• Water and sewer rates inside the city that are lower than rates outside t e
C'
• Areas located in the Washington Water Authority (WWA) service
area will continue to be served by their system
TNF CITY OF FAYETFEVIRE, ARKANSAS
Krr wnuAMs, CITY ATmRNEY
DAVID wHrrAKER, ASST. o Y ATTORNEY -
DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT
TO: Dan Coody, Mayor
City Council
CC: Sondra Smith, City Clerk
Karen Combs Pritchard, Washington County Clerk
Tim Conklin, Planning & Development Management Director
Karen Minkel, City Planner
Frank Johnson, Police Chief
Tony Johnson, Fire Chief
Gary Dumas, Director of Operations
David Jurgens, Water & Wastewater Director
FROM: Kit Williams, City Attorney
DATE: May 9, 2006
RE: Annexation Ordinance
As instructed by the City Council, I am drafting an Annexation Ordinance
for the proposed areas to be annexed on our western border. Attached is a first
draft (without legal descriptions, total acreage, etc.). I need the legal descriptions
of the lands within an exhibit I can attach. I will also attach the maps. I also need
information from the Directors and Chiefs about promises of services and dates (3
years in the maximum) such service would be provided.
A.C.A. § 14-40=303 provided that the City. Council's ordinance will set the
date for the election to decide the annexation. It can be scheduled for either "the
next general election or at a special election . . . no earlier than sixty (60) days after
the date and enactment of the ordinance." A.C.A. § 14-40-303 (b)( 1 )(A).
The City Clerk must identify, and give notice to all persons residing in the
areas proposed to be annexed at least 45 days before the election. A.C.A. § 14-40-
303 (c)( 1 )(13). Using the information from the City Clerk, the Washington County