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HomeMy WebLinkAboutOrdinance 4888 FILED 2006 JUN 29 AH 11 12 1 CU,ye'sPriiCflf'P,D CO• & P�iTECIERi{ 4"PASHINGTUI"J CO AW 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. cU: 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. - ' v : r i i - - - - - - - - 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 ,•• R\SYOc, ,o``� K/TR�" , %c`Gx • S ,v % pFp; * FAYETTEVILLE * 3 y:9QkANSPCD ��''y� jGTON Go%� p/ZI� 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 Clerk must then notify (at least forty days before the election) by regular mail all electors in the proposed annexation area. These tasks will be difficult and time consuming especially for our City Clerk. Placing this issue on the general election ballot would make the Washington County Election Commission's job very complex in the areas to be annexed (which may include parts of various precincts). Poll Workers would have to specifically identify voters in a precinct to determine whether they would or would not be able to vote in the annexation election. I believe that the in -town ballots would be fairly simple since special ballots are already required within Fayetteville for municipal elections to which an annexation question could be added. Since a special election would deal only with the single issue of annexation, poll workers in the county would be less rushed, and I believe there would be less confusion. However, a special election costs the City around $20,000.00 and results in lower voter turnout. I will invite the Washington County Election Commission or County Clerk to provide their advice when you consider the ordinance. It is then the City Council's call. FAYETTEVILLE THE CITY OF FAYETTEVILLE. ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE TO: Mayor Dan Coody City Council LLGAL DEPARTMENT CC: Tim Conklin, Community Planning & Engineering Svs. Director Karen Minkle, City Planner FROM: Kit Williams, City Attorne DATE: October 27, 2005 RE: Annexation of land contiguous to the Fayetteville City Limits Fayetteville's right to annex land contiguous to our city limits is set forth in A.C.A. § 14-40-302. The same statutory requirements apply to this type of annexation as applied to our 2004 annexation of the islands of county land totally surrounded by our City. The areas to be annexed must comply with one of five described conditions set forth in A.C.A. § 14-40-302: "(1) Platted and held for sale or use as municipal lots; (2) Whether platted or not, if the lands are held to be sold as suburban property; (3) When the lands furnish the abode for a densely settled community or represent the actual growth of the municipality beyond its legal boundary; (4) When the lands are needed for any proper municipal purposes such as for the extension of needed police regulation; or (5) When they are valuable by reason of their adaptability for prospective municipal uses." The Supreme Court has interpreted these five criteria fairly broadly. As clear in the statute, ``the lands must meet only one of the five (criteria).". Utley v. City of Dover, 101 S.W. 3`d 191, 194 (Ark. 2003) (emphasis added); accord, Town of Houston v. Carden, 332 Ark. 340, 965 S.W. 2d 131 (1998). "However, this Court has also made it clear that if a part of the proposed area does not meet one of the five requirements, the annexation of the entire area is void in toto. Id. Therefore, we need to be certain that every parcel we decide to annex meets one of the. five criteria required by A.C.A. § 14-40-302. However, if even one parcel within an ordinance fails to meet one of those criteria, that entire annexation ordinance and the required election may be voided. The primary issue in these annexation cases almost always revolves around land (sometimes in flood plains) being used for agricultural purposes. "(b)(1) Contiguous lands shall not be annexed when they either: "(A) Have a fair market value, at the time of the adoption of the ordinance, of lands used only for agricultural or horticultural purposes and the highest and best use of the lands is for agricultural or horticultural purposes." A.C.A. § 14-40-302 "Before 1975 lands used for agricultural purposes could not be annexed. Act 309 of 1975 amended the law to provide that agricultural lands could not annexed if their highest and best use is for agricultural purposes. We interpreted this amendment in Gay v. City of Springdale, supra, and held that the prohibition against annexing agricultural lands is no longer absolute. The lands may be annexed if their highest and best use is for a purpose other than agriculture." Chappell v. City of Russellville, 288 Ark. 261, 704 S.W.2d 166, 167 (1986). 2 The Supreme Court has found that agricultural property even in floodways can be annexed a`s needed for a proper municipal purpose such as the extension of needed police and fire protection. Chandler v. City of Little Rock, 351 Ark. 172, 89 S.W.3d 913 (2002). The Supreme Court held that Little Rock's proposed use of that property as open space or park land was a higher use than agricultural use. Id. "The fact that the land is agricultural and the owner does not want it developed does not determine its fate as to annexation. Gay v. City of Springdale, 298 Ark. 554, 769 S.W.. 2d 740, 742 (1989). "Simply because land is in a flood plain does not exclude it from consideration for annexation." Lee v. City of Pine Bluff, 289 Ark. 204, 710 S.W.2d 205, 207 (1986). In the Russellville case, the Supreme Court affirmed the contested annexation even though "some of the land is swampland which runs into a wooded area ...." Chappell v. City of Russellville, supra. In the Gay v. Citof pringdale case, the Supreme Court noted testimony that "the city has proper municipal purpose for controlling orderly growth in all four tracts; and that annexation would serve that purpose." Both the police and fire chiefs indicated it would be easier to provide service within the more easily identifiable city limits of the new Springdale annexation. These cases indicate that the Courts will give wide latitude to cities seeking annexation. The ordinance for annexation shall "contain an accurate description of the lands desired to be annexed (and) include a schedule of the services of the annexing municipality that will be extended to the area within three (3) years ...." A.C.A. §14-40-303 (a). The annexation ordinance requires a two thirds majority vote "of the total number of members making up its governing body ...." A.C.A. §14- 40-302 (a). The annexing ordinance will then be submitted to the qualified electors within the City and the area proposed to be annexed. This can be at the next general election or at a special election no earlier than sixty (60) days after enactment of the annexation ordinance. A majority of all voters (city and non -city together) is required to pass the annexation. 9 The City Council is provided wide statutory authority to annex county property contiguous to Fayetteville. Even land currently being used for agricultural purposes is likely to be legally annexable because it could probably meet the statutory test of "adaptability for prospective municipal uses: (residential development, park land and trail development)." And such prospective uses will likely be determined to be a higher and better use than agricultural or horticultural purposes. I am concerned that some may think that this annexation might have been proposed to obtain the right to stop development on the annexed land. While reasonable control over future development probably fits within the "police regulation" criteria for annexation, attempting to impose a preserve of land on the edge of our borders in which further development in the foreseeable future would not be permitted might exceed our statutory authority. R ORDINANCE NO. 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 7th day of November, 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. ❑ AGAINST annexation into the City of Fayetteville of the territory described in Ordinance No. 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 201 day of June, 2006. APPROVED: By: DAN COODY, Mayor By: ATTEST: SONDRA SMITH, City Clerk PROPOSED 2017 ACRE ANNEXATION (MAY 2006) 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 -1 5-16-31; Thence Southerly to the SE corner of the SW -NW -15-16-31; Thence Westerly to the SW corner of the SE -NE -16-16-31; Thence Northerly to the SE corner 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 $65° 08' 19" W 233.2 feet; Thence N 83° 24' 43" W 218.68 feet; Thence S02° 23' 49" W 86.18 feet; Thence S 85° 35' 11" W 307.42 feet; Thence S85° 35' 12" W 307.94 feet; Thence S86° 02' 18" W 307.66 feet; Thence S 76° 41' 36" W 317.55 feet; Thence S02° 18' 53" W 29.79 feet; Thence S81° 20' 27" W 309.07 feet; Thence N 02° 18' 57" E 28.91 feet; Thence $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 -1 7-16-31; Thence Northerly to the SE corner of the SW -NE -1 7-16-31; Thence N 87° 24' 53" W 631.72 feet; Thence N 03° 01,07" E 1093.69 feet; Thence N 03° 0107' E 231.03 feet; Thence N 87° 35' 37" W 691.83 feet, to the SE corner of the NE -NW -1 7-16-31; Thence Westerly to the SW corner of the NE -NW -1 7-16-31; Thence Northerly to the NW corner of the NE -NW -1 7-16-31; Thence Easterly to the SW corner of the SW -SE -8-16-31; Thence NO2° 38' 58" E 1115.58 feet; Thence S87° 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 S87° 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 corner of the SW -NW -1 0-16-31; Thence Easterly to the NE corner 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 87° 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 S02° 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 38° 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 -14-16-31; Thence Southerly to the SE corner of the NE -SW -14-16-31; Thence S02° 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 S02° 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 -1 5-16-31; 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 -1 5-16-31; Thence N 02° 38' 07" E 1024.77 feet; Thence S 87° 50' 01" E 1328.58 feet; Thence N 02° 41' 31" E 292.53 feet; Thence N 02° 31' 48" E 999.24 feet; Thence S88° 00' 29" E 376.18 feet; Thence S02° 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' 01" 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' 05" 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. RESOLUTION NO. 66-06 A RESOLUTION ESTABLISHING AN ANNEXATION STUDY COMMITTEE TO PROVIDE ANALYSIS AND RECOMMENDATIONS FOR ANNEXATION OPTIONS IN WEST FAYETTEVILLE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: r Section 1. That the City Council of the City of Fayetteville, Arkansas hereby establishes an Annexation Study Committee to provide analysis and recommendations for annexation options in West Fayetteville within four weeks. Section 2. That the Annexation Study Committee shall consist of the Director of Operations, the City Engineer, the Water/Wastewater Director, the Planning and Development Director and one (1) Alderman, who shall serve as the Committee Chair... PASSED and APPROVED this 4th day of April, 2006. AT ? :FAYETTEVILLE: By: SMITH, City Clerk To: City Council From: Dan Coody r (t Date: March 24, 2006 RE: Resolution Establishing an A ex on Study Committee to Review Annexation Options for West Fayetteville As the City Council is aware, our neighboring community to the west has been discussing annexation of a significant amount of land immediately west of the Fayetteville corporate boundary. In the published discussions of this annexation, the Farmington corporate limits would extend to Highway 16. If this were to occur, the City of Fayetteville would essentially become land -locked between Highway 62 and Highway 16. There are potential implications if the City of Fayetteville were to become restricted in its ability to continue to grow and annex in this corridor. . - I am proposing that the Study Committee, comprised of one City Council representative, the Director of Operations, the City Engineer, the Water/Waste Water Director, and the Director of Long -Range Planning, would report to the full Council within 4 -weeks with an analysis and recommendation regarding any actions that the City of Fayetteville should undertake. Page 1 of3 14-40-303. Annexation ordinance - Election - Procedures. (a) The annexation ordinance shall: (1) Contain an accurate description of the lands desired to be annexed; (2) Include a schedule of the services of the annexing municipality that will be extended to the area within three (3) years after the date the annexation becomes final; and (3) Fix the date for the election provided in this section. (b)(1) The annexation ordinance shall not become effective until the question of annexation is submitted to the qualified electors of the annexing municipality and of the area to be annexed at the next general election or at a special election. The special election shall be conducted no earlier than sixty (60) days after the date of enactment of the ordinance. The special election shall occur on the second Tuesday of the month, except as provided in subdivision (b)(2) of this section. (2) Special elections held in months in which a presidential preferential primary election, preferential primary election, general primary election, or general election is scheduled to occur shall be held on the date of the presidential preferential primary election, preferential primary election, general primary election, or general election. (3)(A) If a special election is held on the date of the presidential preferential primary election, preferential primary election, or general primary election, the issue or issues to be voted upon at the special election shall be included on the ballot of each political party. (B) However, separate ballots containing only the issue or issues to be voted upon at the special election shall be prepared and made available to voters requesting a separate ballot. (4) No voter shall be required to vote in a political party's presidential preferential primary, preferential primary, or general primary in order to be able to vote in the special election. (5) Special elections scheduled to occur in a month in which the second Tuesday is a legal holiday shall be held on the third Tuesday of the month. (6)(A) If a majority of the qualified electors voting in the election vote for the annexation, no later than seven (7) days following the election, the county clerk shall certify the election results and record the same, along with the description and a map of the annexed area, in the county records, and file a certified copy thereof with the Secretary of State. (B) The annexation shall be effective, and the lands annexed shall be included within the corporate limits of the annexing municipality thirty (30) days following the date of recording and filing of the description and map, as provided in this section, or in the event an action is filed with the circuit court as provided in § 14-40-304, on the date the judgment of the court becomes final. (7) 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. http://www.arkleg.state.ar.us/NXT/gateway.dll/ARCode/titleI 1832.htm/subtitle12295.htm/c... 5/1/2006 Page 2 of 3 (c)(l)(A) The city clerk shall certify two (2) copies of the annexation ordinance and a plat or map of the area to be annexed and convey one (1) copy to the county clerk and one (1) copy to the county election commission at least sixty (60) days before the election. (B)(i) No later than forty-five (45) days prior to the election, the city shall identify all persons who reside within the area proposed to be annexed, and the county clerk shall assist the city in determining the names and addresses of all qualified electors residing within that area. (ii) The failure to identify all persons residing within the area proposed to be annexed or the failure to determine the names and addresses of all qualified electors residing within that area shall not invalidate or otherwise affect the results of the election. (C) All of the qualified electors residing within the territory to be annexed shall be entitled to vote in the election. (D) The city clerk shall give notice of the election by publication by at least one (1) insertion in some newspaper having a general circulation in the city. (2)(A) The county clerk shall give notice of the voter registration deadlines at least forty (40) days before the election by ordinary mail to those persons whose names and addresses are on the list provided by the city clerk. (B) The county clerk shall prepare a list by precinct of all those qualified electors residing within the area to be annexed who are qualified to vote in that precinct and furnish that list to the election officials at the time the ballot boxes are delivered. (3) If the county clerk or the county election commission shall fail to perform any duties required of it, then any interested party may apply for a writ of mandamus to require the performance of the duties. The failure of the county clerk or the county election commission to perform the duties shall not void the annexation election unless a court finds that the failure to perform the duties substantially prejudiced an interested party. (d) If the annexation is approved and becomes final, the governing body of the city shall, by ordinance, as soon as practical after the annexation, attach and incorporate such annexed territory to and in one (1) or more wards of the city lying adjacent thereto, and the territory so assigned and attached to a ward shall thereafter be considered and become a part thereof as fully as any other part of the city. (e) From the map or plat provided by city ordinance of the wards assigned, the county clerk shall proceed to ascertain and determine the voters' proper precinct and shall enter the same upon the voter registration records of those inhabitants of the territory so annexed and give notice of that change within thirty (30) days after the adoption of the city ordinance assigning the territory to wards. (fl(]) In the event that within thirty (30) days of the date that one (1) city calls for an annexation election, another city calls for an annexation election on all or part of the same land proposed to be annexed by the first city, then both annexation elections shall be held; provided that the second city must call for its annexation election to be held within thirty (30) days before or after the holding of the first city's election. (2)(A) If the annexation election held first is approved by the voters, the results of it shall be stayed until the second annexation election is held. http://www.arkleg.state.ar.usft1XT/gateway.dll/ARcode/tjtlel 1832.htm1subtit1e12295.htm/c... 5/1/2006 Page 3 of 3 (B)(i) If only one (1) of the annexation elections is approved by the voters, then the city that called that election shall proceed with the annexation of the land. (ii) If both annexation elections are approved by the voters, then a third election shall be held three (3) weeks after the second annexation election. (iii) Only the residents of the area proposed to be annexed by both cities shall vote in the third election. (iv) The issue on the ballot in the third election shall be into which of the two (2) cities the residents of the area want to be annexed. (v) The area shall be annexed into the city receiving the most votes in the third election. (vi) In the event of a tie vote in the third election, the area shall be annexed to the city that had the highest percentage vote in favor of the annexation in the first or second election. (3) If the city that does not get to annex the area voted on by both cities included land in its annexation election other than the land voted on by both cities, then that land shall be annexed into such city if it is still contiguous to such city after the other land is annexed to the other city, but such land shall remain part of the county if it is not so contiguous. History. Acts 1971, No. 298, § 2; 1975, No. 309, § 2; A.S.A. 1947, § 19-307.2; Acts 1991, No. 725, § 1; 1993, No. 356, § 1; 1999, No. 639, § I; 2005, No. 2145, § 22. http://www.arkleg.state.ar.us/NXT/gateway.dlL/ARCode/titlel I 832.htmlsubtitle l 2295.h tm/c... 5/1/2006 Page 1 of 1 14-40-302. Authority - Exceptions.. (a) By vote of two-thirds (2/3) of the total number of members making up its governing body, any municipality may adopt an ordinance to annex lands contiguous to the municipality if the lands are any of the following: (1) Platted and held for sale or use as municipal lots; (2) Whether platted or not, if the lands are held to be sold as suburban property; (3) When the lands furnish the abode for a densely settled community or represent the actual growth of the municipality beyond its legal boundary; (4) When the lands are needed for any proper municipal purposes such as for the extension of needed police regulation; or (5) When they are valuable by reason of their adaptability for prospective municipal uses. (b)(1) Contiguous lands shall not be annexed when they either: (A) Have a fair market value, at the time of the adoption of the ordinance, of lands used only for agricultural or horticultural purposes and the highest and best use of the lands is for agricultural or horticultural purposes; or (B) Are lands upon which a new community is to be constructed with funds guaranteed, in whole or in part, by the federal government under Title IV of the Housing and Urban Development Act of 1968 or under Title VI] of the Housing and Urban Development Act of 1970. (2) Any person, firm, corporation, partnership, or joint venturer desiring to come within this exclusion must have received from the Department of Housing and Urban Development a letter of preliminary commitment to fund the new community under one (1) of the federal acts. (3) If any lands are annexed that are being used exclusively for agricultural purposes, the lands may continue to be used for such purposes so long as the owner desires and the lands shall be assessed as agricultural lands. (c) However, a municipality having a population of fewer than one thousand (1,000) persons shall not annex in any one (1) calendar year contiguous lands in excess often percent (10%) of the current land area of the municipality. History. Acts 1971, No. 298, § 1; 1975, No. 309, § 1; 1975, No. 904, § 1; A.S.A. 1947, § 19-307.1; Acts 2001, No. 1751, § 1. http://www.arkleg.state.ar.us/NXT/gateway.dll/ARCode/titlel 1832.htm/subtitlel 2295.htm/c... 5/1/2006 TayveMevliSe$1e A RICAN OPERATIONS DIRECTOR TO: Mayor and City Council FROM: Annexation Study Committee DATE: May 2, 2006 RE: Report #1 Annexation Study Committee and Recommendation Concerning West Fayetteville BACKGROUND As the City Council is aware, the City of Farmington has been discussing annexation of a significant amount of land immediately west of the Fayetteville corporate boundary. In the published discussions of this annexation, the Farmington corporate limits would extend to Highway 16. If this were to occur, the City of Fayetteville would essentially become land -locked between Highway 62 and Highway 16. There are potential implications if the City of Fayetteville were to become restricted in its ability to continue to grow and annex west along this corridor. A Study Committee, comprised of one City Council Representative, Shirley Lucas, the Director of Operations, the City Engineer, the Water/Waste Water Director, and the Planning and Development Management Director, were charged with reviewing the implications of not annexing or annexing this area into the City of Fayetteville and reporting to the full Council within four weeks with a recommendation regarding any actions that the City of Fayetteville should undertake. The Study Committee met numerous times during this four -week period and interviewed representatives of the Police Department and the Fire Department to gain an understanding of any operational issues that may arise with extending the city boundary in this area. As the annexation discussions continued, it became apparent that there would be little impact upon any City service except for the provision of an adequate water supply for fire protection. The issue of water supply led to preliminary discussions with the Washington County Water Authority (WWA). In the following section, the various issues are discussed in more detail. DISCUSSION Growth is occurring at the edges of Fayetteville and beyond. The attached aerial photography map from 2004 provides an indication of that development. Development has continued at a significant pace since the date of this photography, as any tour through the area will reveal. What is clear from the aerial photography is that the nearer to the City Limits of Fayetteville, the greater the density. 113 West Mountain Fayetteville. Arkansas 72701 Office phone - 479-575-8330 Fax - 479-575-8257 e-mail - gdumas®ci.fayetteville.ar.us The traffic congestion causing concerns along the Hwy 16 corridor within the corporate limits of Fayetteville will not be affected by a decision to annex or not annex. Recent changes in the methods and techniques for treating liquid wastes from housing and commercial developments will create additional opportunities for urban density and intensity at any location throughout the County as long as a potable water supply is available. The conversion of rural land to urban growth density and intensity will continue regardless of the actions of the City of Fayetteville. What the City can do, however, is begin a practice of providing opportunities that will encourage development within the City, in order to ensure that as growth occurs, it will provide the amenities and security of investment that only municipal regulation can provide. These regulations include Land Use and Development Control through the Unified Development Ordinance: ■ Sign Ordinance ■ Tree Ordinance • Storm Water Ordinance • Zoning ■ Subdivision Regulation • Fire and Police Impact Fees ■ Park Fees / Land Dedication ■ Commercial Design Standards ■ Code Enforcement While no one desires regulation on their own property, most desire to have their neighbors' uses and activities controlled and regulated. In order to provide a rationale to accept the regulation and cost of regulation, the City provides a fully staffed fire service and police service. Additionally, in this area, the City can, in partnership with the Washington Water Authority, provide necessary water system fire flows, rather than the current water tanker system necessitated by the volume of water available through the rural water system. Other City services also become accessible such as sanitary sewer and municipal sanitation services, rather than step or septic systems and private trash haulers. But the question is: what does the City gain and at what cost? Gains ■ Management and control of land use density and intensity • Timing of development through zoning • Increased environmental protection • Compatibility in land use and development standards • Less confusion for public safety — city police and fire • Ability to plan and construct future city capital improvements • Ability to require the same level of infrastructure improvements required for new development within these areas as required within the city • Impact fees for fire, police, sewer, and parks • Increased State of Arkansas street turn -back funds 113 West Mountain Fayetteville, Arkansas 72701 Office phone - 479-575-8330 Fax - 479-575-8257 e-mail - gdutnas@ci.fayettevillc.acus Costs ■ Incremental costs • Increased service area and response times • Cost of providing General Fund Services — Police, Fire, Code Compliance (additional area and population served at this time would not require additional equipment or staffing) • Potential pressure control valve to WWA to provide fire flows • Continuing cost of additional traffic entering the City ■ Cost of converting WWA water usage billing for sewer billing 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 the city RECOMMENDATION Annex all areas south of Wedington between Broyles and Double Springs to the current Farmington City Limits (See Exhibit "A."). • This area contains approximately 517.21 acres • There are 74 addressed structures • The estimated population is approximately 152 people • Of the addressed structures, 69 structures are on Fayetteville water. • There are 5 miles of roads 2. Annex all areas west of Double Springs 1320' west of Harmon Road including all of Forest Hills Subdivision and potentially south to Goose Creek (See Exhibit • This area contains approximately 1472.55 acres • There are 359 addressed structures • The estimated population is approximately 793 people • Of the addressed structures, 15 structures are on Fayetteville water • There are 8 miles of roads 113 West Mountain Fayetteville, Arkansas 72701 Office phone - 479-575-8330 Fax - 479-575-8257 c -mail - gdumasQci.rayeneville.ar.us Arkansas State Code requires that the annexation of an area, which has not been submitted by petition, must be annexed through a voter referendum (See attached A.S.C. 14-40-303.). The Annexation Committee recommends that Fayetteville City Council annex these areas as soon as possible. At the time of annexation, all property annexed is considered zoned R -A Residential Agricultural pursuant to § 161.01 of the Unified Development Ordinance. BUDGET IMPACT Property Tax. The current property tax millage impact of this annexation is an additional 2.1 mils. The County currently has I mill for the County library system and the City has 1 mil for the City Library. The impact to residences in the annexed areas would be an additional 2.1 mils. The current millage is .4 mil police pension, .4 mil fire pension, I mil City 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/he fair market value of real estate is $100,000, 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) o 1 mil is 1/10 of one cent (S.001) o 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 with 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 I Truck and an additional I 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. 113 West Mountain Favcttevillc, Arkansas 72701 Office phone - 479-575-8330 Fax - 479-575-8257 e-mail - gdumas@ci.fayetieville.ar.us DATE: June 13, 2006 TO: Fayetteville City Council FROM: John LoganBurrow, Chairman Washington County Election Commission RE: Recommendation of date for special elections It is the Commission's understanding that the City is considering calling two and perhaps three special elections this year. We recommend that they be conducted on September 12, 2006. One reason for this is that consolidating them all on one day will save the expense of separate elections. Another particular concern of the Commission is that one such election is an annexation, which is currently being considered for the General Election Day in November. It will be difficult for our poll workers to deal with the eligibility of voters to vote in the election, if the annexation election is held on the same day as the November General Election. We anticipate a large turn -out for that election with the Help America Vote Act technology that will be new to most voters. Therefore it would be helpful to us if these special elections were scheduled for September 12. From: Clarice Pearman To: Conklin, Tim; Smith, Sondra Date: 6.26.06 1:21 PM Subject: Ord. 4888 Tim: Attached is a copy of the above ordinance passed by City Council, June 20, 2006 regarding the annexation special election. Thanks. Clarice CC: Audit S � � � � •' a /,q t / � � � � NORTHWEST ARKANSAS EDITION Benton County Daily Record P.O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6415 AFFIDAVIT OF PUBLICATION I, Elizabeth Wax, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication, the advertisement of: Ordinance 4888 Was inserted in the Regular Editions: June 29, 2006 Publication Charge: $222.29 Subscribed and worn to before me This 'day of 2006. Notary Public P i Sharlene D. Williams Notary Public State of Arkansas My Commission Expires: My Commission Expires October 18, 2014 RECEIVED ° 2!C` JUL 0.' CITY OF FAYETTEVILLE CITY CLERK'S OFFICE ACRES MONTAGE HER IgppROXIMA7ELYO2000 ]e ev le ACRES CONRGUOUS TO THE WESTERN CITY �( LIMITS SHOULD BE ANNEXED INTO FAYET- {r TEVILLE ARKANSAS 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 a use as municipal lots or held to be sdd as sub- urban properly, represent the actual grown of the municipality beyond its legal boundary; end 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 i Only for agricultural or horticultural purposes, and the highest and best uses of the lands is not for I 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, ARNAN5A$1 t 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 Hectors residing within the pro- posed lands to be annexed, the question of annexation of the fdkrMng 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 here- of. The total net acreage of all sections annexed herewith and referred to hereinabovo is about 2.017 acres. I. Section 2: The question of annexation of the territory described above In Section I shall be submit- tad to the electors qualified to vote on Nis issue at a Special Election to be held on Tuesday, the 10th day of October. 2006. The City Clerk shall immedlatety 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 shah vote for such annexation, the municipality shall proceed to file a description and map•of the annexed area be Alth the County Clerk of Washington County and with the Secretary of State. The annexation shall ( the descried within the corporate limits of the City of Fayetteville Nir1y (30) days Viewing the filing of On the date thone (utl men ofand map t the id court becomes Cleric or m he event an action is filed with the circuit court, on the issue at the election vote against the annexation; the annexation Ira majority of tordinance shall ehe qualifiedrnuvotin ll and Void. Section 4: If the annexation Is approved and becomes final, the following services shall be extend- ed to the area wil In three (3) years or less: Trash sevice 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 ownerfdewktper Curbside recycling and yard waste pick up Zoning and developmem regulation protections Section 5: The ballots used at said election on the question of annexation shall be marked as fol- lows: O FOR annexation Into the City of Fayetteville of the territory described in Ordinance No. 4888. 1 O AGAINST annexation into the City of Fayetlevine of the territory described in Ordinance No. 4888. Section 6: If any of the property identified for annexation by Exhibits A. 8, 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.. l kPPROVEO ATTEST fIAM COODY, Mayax �'. d. 5DNDRA SIl�TH, GIy CIa14 DC CEiV ED Exhibit D m y be viewed in via oTae d Ne City Clerk during normal business hours d 65. G JUL 0 3 2005 rlLLCRY CLERKS OFFICE Sondra Smith - RE: Annexation and Sales Tax Elections Page From: Nancy Varvil <NVarvil@co.washington.ar.us> To: Sondra Smith <ssmith@ci.fayetteville.ar.us> Date: 8/15/06 1:31 PM Subject: RE: Annexation and Sales Tax Elections On July 3, 2006, the Washington County Election Commission received a copy of Fayetteville ordinance t no. 4888 calling for an October 10, 2006 annexation election. Nancy Varvil Washington County Election Coordinator 479- 44-1766 FAX - 479-973-8440 Cell - 479-236-8667 —Original Message — From: Sondra Smith [mailto:ssmith@ci.fayetteville.ar.us] Sent: Tuesday, August 15, 2006 11:49 AM To: Nancy Varvil Subject: RE: Annexation and Sales Tax Elections An email would be great. I will just add a copy to the ordinance. Thanks for your help! Sondra Smith City Clerk City of Fayetteville 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 (479) 718-7695 (Fax) ssmith@ci.fayetteville.ar.us >>> Nancy Varvil <NVarvil@co.washington.ar.us> 08/15/06 9:42 AM >>> We haven't done that before, but we could. In this case would it work if I write "received 7/3/06" and sign the front of the ordinance(s) and send them back? Do you need a complete copies or just the top sheets. I try not to generate unnecessary paper. Or would an email acknowledging receipt that you could print out do? Thanks for guidance, Nancy —Original Message — From: Sondra Smith [mailto:ssmith@ci.fayetteville.ar.us] Sent: Monday, August 14, 2006 5:30 PM To: Nancy Varvil Subject: Annexation and Sales Tax Elections Hello Nancy! We drooped off the ordinance for the Annexation and Sales KAREN COMBS PRITCHARD COUNTY AND PROBATE CLERK WASHINGTON COUNTY STATE OF ARKANSAS Washington County Courthouse 280 North College Avenue. Suite 300 Fayetteville, Arkansas 72701 Telephone: (479) 444-1711 Fax: (479) 444.1894 TO: RESIDENTS RESIDING IN PROPOSED AREA TO BE ANNEXED SUBJECT: ANNEXATION ELECTION TO CITY OF FAYETTEVILLE FROM: KAREN COMBS PRITCHARD, COUNTY CLERK DATE: AUGUST 7, 2006 You are hereby notified that a special election on the issue of annexation of property to the City of Fayetteville, Arkansas pursuant to Ordinance 4888, will be held on October 10,2006. According to the list furnished by the City of Fayetteville, you reside in the area proposed to be annexed in said election. If you are not a registered voter as of September 1 1 th, you will not be allowed to vote in the election; therefore, you must register to vote no later than September 11 th You can pick-up an application to register at any library, recruiting office, Dept of Human Services, or the County Clerk's office in Fayetteville, Arkansas. You MUST live in the proposed area to be able to vote in the special election. I I '' • r y l I , 1 , NORTHWEST ARKANSAS EDITION Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6415 AFFIDAVIT OF PUBLICATION I, Elizabeth Wax, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication, the advertisement of: NOTICE OF SPECIAL ELECTION Was inserted in the Regular Editions: August 30, 2006 Publication Charge: $61.32 Subscribed and sworn to before me Thi day of (y i k 2006. Notary Public I(!/ FISHEREBY TICE OF SPECIAL ELECTION - My Commission Expires: E IS HEREBY GIVEN that the City of Pteville, Arkansas,will holtl a Special ij �evl 1VSharlene D. Williams n on October 10, 2006, at which there u submitted to the electors of the City of Notary Public eviIle the question of annexation inARKANSASState of Arkansas ntially the following form: , by placing an appropriate mark opposite the measure either "FOR" or My Commission Expires NST":October 18, 2014 annexation into the City of Fayetteville of territory described in Ordinance No. NST annexation into the City of Fayetteville of territory described in Ordinance 88. .. RECEty CU SEP 01 2005 CRY OF FAYETTEVILLE CITY CLERK'S OFFICE f,. 3AV H1K I I r— 3AV NOWOVHA �:•'�" 3AV 30Yjf13 • 3AVH16S I. O I r I I O z I U OS3Nav1S b CU 3AVS31AOjg- pC' ;5 S3lAOLB w I 6 i w Z w w 0)a J,33AVH1K a 3nV H1CS o Q U z I--- 0 Y O O OY- -I H 1 J d y O a0 NOOa9 A ON SSVd 3NIS - d Z;ONIXAN3Oa y C I z o �J) ,,yy ]� I O -. w O • ' - ' - - - ' - - U Y Q I I ✓l N COI ) .I J\ ld OONtll1❑ — — as a0310W Oa SN3A31S A31S3,�1 PUBLIC NOTICE CITY OF FAYETTEVILLE, ARKANSAS PROCLAMATION DECLARING THE RESULTS OF ELECTION OFFICE OF THE MAYOR OF THE CITY OF FAYETTEVILLE, ARKANSAS TO THE PEOPLE OF THE CITY OF FAYETTEVILLE, ARKANSAS, GREETINGS: WHEREAS, a Special Election was held on October 10, 2006, to determine whether approximately 1,500 acres contiguous to the western city limits should be annexed into the City of Fayetteville, Arkansas. NOW, THEREFORE, I, Dan Coody, Mayor of the City of Fayetteville, by virtue of the authority vested in me by law, do hereby proclaim the following to be the results of the October 10, 2006 Special Election: QUESTION ONE: 142 FOR annexation into the City of Fayetteville of the territory described in Ordinance No. 4888. 755 AGAINST annexation into the City of Fayetteville of the territory described in Ordinance No. 4888. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of my office to be affixed this a3a' day of October, 2006. 0 • NORTHWEST ARKANSAS EDITION Benton County Daily Record P.O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6415 AFFIDAVIT OF PUBLICATION I, Karen Caler, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication, the advertisement of: Special Election Was inserted in the Regular Editions: October 25, 2006 Publication Charge: $61.32 RECEIVED Subscribed and sworn to before me OCT 2 6 2006 This S day of I Y I (� j/� )t I 2006. CITY OF FAYETTEVILLE ril V��u�v� CITY CLERK'S OFFICE Notary Public J t&9L.U(D My Commission Expires: Sharlene D. Williams Notary Public I NOTICE OF SPECIAL ELECTION:' Q • State of Arkansas NOTICE IS HEREBY I I that raye eV le My CommiSSI8 Expires the City of: Fayetteville Arkansas, will October 18, 2014 hold a Special Election on November ARKANSAS. 7,2006, at which there will be submit- ted to the electors of Ward 2 of the City of Fayetteville the question of.filling the vacancy of Alderman. Ward 2, Position 2. The.candidates are: ; . .; Nancy Gordon Allen Bernard Sulliban- Sondra Smith . . ' _ - . City ClerWTreasurer October 25, 2006. . - _ CERTIFICATE OF WASHINGTON COUNTY BOARD OF ELECTION COMMISSIONERS ASCERTAINING AND DECLARING RESULTS OF THE FAYETTEVILLE SPECIAL ELECTION IN WASHINGTON COUNTY, ARKANSAS o 1 -• STATE OF ARKANSAS ) Z'' 1 COUNTY OF WASHINGTON ) C) We, the undersigned members of the Board of Election Commissioners of Washington County, Arkansas, do hereby certify the following Washington County results in the OCTOBER 10, 2006 election on the question of ANNEXATION INTO THE CITY OF FAYETTEVILLE FOR 1,412 AGAINST 755 ' } Returns of the votes of the City of Fayetteville, Washington County, Arkansas have been delivered by us to the Washington County Clerk. We further certify that the polls were open from 7:30 A. M. until 7:30 P.M., that only the duly appointed election officials made due returns of the votes cast, and that we have canvassed the votes as required by law. IN TESTIMONY WHEREOF, we have hereinto set our hands this 17th day of October, 2006. BOARD OF ELECTION COMMISSIONERS W Y i • C Charlie Daniels Secretary of State October 24, 2006 State of Arkansas Secretary of State Business & Commercial Services 682-3409 Elections - --- 682-5070 Building & Grounds- 682-3407 Communications & Education 683-0057 State Capitol Police _, 682.5173 Business Office 682-8032 Information Technology 682-3411 The Honorable Karen Combs Pritchard Washington County Clerk -T 280 -North College Avenue; Suite300 K Fayetteville, AR 72701 . Dear Ms. Pritchard: The Following Information has been recorded and filed in the Office of the Secretary of State: Date: 10/23/2006..___ . County: Washington City: Fayetteville - Annexatioil Ordinance, No. --4888 Co.OrderNo• Plat -x Election X --Special Election Island - Incorpo'ratiori-. Ordinance No. - :.:. Plat - Election - - Census Information: The following City or Town has been upgraded or reduced to: 1st Class 2nd Class_City - Incorporated Town- _ - - I have forwarded this information to the Arkansas Municipal League and the Arkansas Highway and Transportation Department. If you have, any further questions please do not hesitate to contact me at 1-800-482-1127 or 682-3451 - _- Sincerely, t RECEIVE® OCT 2 6 2006 Teria Arnold CITY OFFAYETfEVILLE Election Services Representative - CITY CLERK'S OFFICE Arkansas Secretary of State . - - Room 256 State Capitol • Little Rock, Arkansas 72201-1094 501-682.1010 • Fax 501.682.3510 e-mail: arsos@sos.arkansas.gov • www.sos.arkansas.gov Andrew Garner Submitted By City of Fayetteville Item Review Form 2014-0114 Legistar File Number N/A City Council Meeting Date - Agenda Item Only NIA for Non -Agenda Item Action Required: 1 ' I I 11 I i Ij a, 1 I Development Services Department Arkansas code sections adopted in 2013 require the mayor to issue a notice regarding annexation elections that have become final in the previous eight years. To address this new requirement, City Planning staff has put together a draft notice for the mayor's signature. This notice has been formatted to be filed of record at the Washington County Circuit Clerk. Please review and sign this draft notice and forward it to the City Clerk to be filed of record at the Washington County Circuit Clerk. Does this item have a cost? NO Cost of this request Account Number Category or Project Budget Funds Used to Date $0.00 Program or Project Name Program or Project Category Project Number Remaining Balance Fund Name Budgeted Item? EJ Budget Adjustment Attached? EJ V20130812 Previous Ordinance or Resolution # t -I 9 Original Contract Number: Comments: TO: Lioneld Jordan, Mayor THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE THRU: Jeremy Pate, Development Services Director Kit Williams, City Attorney FROM: Andrew Garner, City Planning Director DATE: February 27, 2014 SUBJECT: Notice Pursuant to A.C.A. 14-40-2201 and 14-40-2202 ATTACHMENT: Draft Notice; A.C.A. 14-40-2201 and 14-40-2202; Annexation Ordinance 4888 The subject code sections adopted in 2013 require the mayor to issue a notice regarding annexation elections that have become final in the previous eight years. To address this new requirement, City Planning staff has put together a draft notice for the mayor's signature. This notice has been formatted to be filed of record at the Washington County Clerk's office. Please review and sign this draft notice and forward it to the City Clerk to be filed of record at the Washington County Clerk's office. PURSUANT TO THE ANNEXATION AND TRANSPARENCY ACT OF THE STATE OF ARKANSAS, A.C.A. 14-40-2201 AND 14-40-2202, MAYOR LIONELD JORDAN OF THE CITY OF FAYETTEVILLE, ARKANSAS HEREBY PUBLISHES THE FOLLOWING NOTICE DESCRIBING ANY ANNEXATION ELECTION FINALIZED IN THE PREVIOUS EIGHT YEARS: Annexation Elections Within the Past Eight Years: An ordinance calling an annexation election in the City of Fayetteville was filed of record on June 29, 2006 with Ordinance No 4888 as shown on Exhibit "A". This annexation encompassed approximately 2,000 acres contiguous to the western City limits and was approved by the voters at a Special Election on Tuesday, October 10, 2006. Schedule of Services to be Provided: The following scheduled services were to be provided to the inhabitants of the annexed portions of the City: ■ 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 The scheduled services as described above have been provided to the inhabitants of the annexed portions of the city. ATTEST: SONDRA E. SMITH, City A. \T YI. �`•G6 p.FAYE7TEVILLE �_ 9 ;.''ii NSP5, t'.$ Exhibit "A" ORDINANCE NO. 4888 FILED 2006JUN29 ANlft 12 V4fiEh,C0'11eSP,'rdTC► CO & PRONECiERp O WASHJNGTIJNCOMK 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 100, 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. :FAYETTEVILLE: APPROVED: By: ATTEST: 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 comer 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' 1I" W 357.41 feet; Thence N 88° 12' 12" W 243.53 feet; Thence 5750 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' 49" W 86.18 feet; Thence S 85° 35' 11" W 307.42 feet; Thence S 85° 35' 12" W 307.94 feet; Thence S 86° 02' 18" W 307.66 feet; Thence 576° 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 N88' 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 comer of the NE-SE.17-16-31; Thence Northerly to the SE comer 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 -N W-17-16-31; Thence Westerly to the SW corner of the NE -N W-17-16.31; Thence Northerly to the NW comer of the NE -NW -17-16-31; Thence Easterly to the SW comer of the SW -SE -8-16-31; Thence N02° 38' 58" E 1115.58 feet; Thence 587° 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 comer of the NE -SE -8-16-31; Thence Easterly to the NW corner of the NE -SE -9-16-31; Thence 987° 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 corner 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 502° 33' 40" W 1094.55 feet Thence S 02° 00' 01" W226.54 feet Thence S 88° 00' 23" E 667.00 feet Thence N 02° 27 55" E 34.52 feet; Thence S 87° 52' 34" E 659.92 feet ThenceS02°28'07" 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 410 18' 37" W 112.77 feet , - Thence N 38° 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 NESW-14-16-31; Thence Southerly to the SE comer of the NE -SW -14-16-31; Thence S 02° 35' 16" W 661.59 feet; Thence N 87° 36' 00" W 66132 feet; Thence N 020 35' 19" E 630.16 feet Thence N 88° 00' 21" W 66134 feet; Thence S 02° 35' 23" W 1294.47 feet, to the SE comer 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 • ThenceS88°07 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 cornei 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 comer of the NESE-15-16.31; Thence Northerly to the SE comer of the SW -NE -15-16S1; Thence Westerly to the SW comer of the SW -NE -15-16-31; Thence N 02° 38' 07" E 1024.77 feet; Thence987°50' 87° 50' 01" E 1328.58 feet Thence Nor 41' 31" E 292.53 feet; Thence N 02° 31' 48" 1399924 feet; Thence S 88° 00' 29" E 376.18 feet; Thence S 02° 25' 42" W 165.64 feet; Thence 988° 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 01" W 329.38 feet Thence S 88° 16' 00" E 1278.73 feet; Thence 902° 39' 19" W 302.10 feet; Thence S 87° 38' 05" E 990.63 feet; Thence N 02° 37 05" E 236.24 feet Thence 587° 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. � 9 0 � u 0 o 9 C ol&JF�Y ,•mow-saa -o. r. o ,. JJ U o L¢ u m J •? 1 1 a -III• • � _ r o. a0. ire Ia qn o a i .0 (, N . f-ne I I C Fr 0 1 tvl• ..Y C� 0 J c 0 (Cl . 0 Ji 0r �1 • G �p 6eewti-. O \� U .. _ '� ., �'.. a �� Q"-L:'"r •.., n , O • 9 L ./ 2-) {+a roc - Li f C L 0 j. Rr I 11 r° C c O qj� fi nl-.)•].^!1^:'•Y'�'�$i�TVOYWLi�-T-Y'uY NI •f d. ,IL p ]Y:Vi'\a Ep Y i O <. .. op_c c .. • (, lei G N ,r J : ieIDYtew 3'f ° nelQ�tls �R• •Ci' n y,, ., 4N+elm aa.c.,i 6 'S Y F' C. \\ C ry C MO W I W 0 I o I ,r ,} au o, 1 0 %M1 CERTIFICATE OF RECORD Slate 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 bit 4i 4;,a -a. filed 4 �8 filed in my office on theQfd day of �,�..e , 20O 0. WITNESS my hand and seal this a day of 200. Sondra Smith, City Clerk/Treasurer City of Fayetteville, Arkansas pp1111//� RRfq''�.. ��;•G�SY OF•.L�%� rte: .tea 30: •fie ;FAYETTEVILLE: 4,. '4„NGTON�c, Page I ® LexisNexis® I of 2 DOCUMENTS Arkansas Code of 1987 Annotated Official Edition ® 1987-2013 by the State of Arkansas All rights reserved. ** Legislation is current through the 2013 Regular Session and updates **" ••* received from the Arkansas Code Revision Commission through *** *** October 9, 2013. ** Annotations are current through October 2, 2013. Title 14 Local Government Subtitle 3. Municipal Government Chapter 40 Annexation, Consolidation, And Detachment By Municipalities Subchapter 22 -- Annexation and Detachment Transparency Act A.C.A. § 14-40-2201 (2013) 14-40-2201. Annexation and provision of scheduled services. (a) (1) Beginning March I, 2014, and each successive year thereafter, the mayor or city manager of a city or incor- porated town shall file annually with the city clerk or recorder, town recorder, and county clerk a written notice de- scribing any annexation elections that have become final in the previous eight (8) years. (2) The written notice shall include: (A) The schedule of services to be provided to the inhabitants of the annexed portion of the city; and (B) A statement as to whether the scheduled services have been provided to the inhabitants of the annexed portions of the city. (b) If the scheduled services have not been provided to the new inhabitants within three (3) years after the date the annexation becomes final, the written notice reporting the status of the extension of scheduled services shall include a statement of the rights of inhabitants to seek detachment. (c) A city or incorporated town shall not proceed with annexation elections if there are pending scheduled services that have not been provided in three (3) years as prescribed by law. HISTORY: Acts 2013, No. 1502, § 1. HIERARCHY NOTES: Tit. 14, Subtit. 3, Ch. 40 Note Page I •® LexisNexis 1 of2 DOCUMENTS Arkansas Code of 1987 Annotated Official Edition m 1987-2013 by the State of Arkansas All rights reserved. **' Legislation is current through the 2013 Regular Session and updates *** *** received from the Arkansas Code Revision Commission through *** *** October9,2013.*** Annotations are current through October 2, 2013. *" Title 14 Local Government Subtitle 3. Municipal Government Chapter 40 Annexation, Consolidation, And Detachment By Municipalities Subchapter 22 -- Annexation and Detachment Transparency Act A.C.A. § 14-40-2202 (2013) 14-40-2202. Inhabitants of annexed area. (a) In all annexations under § 14-40-303 and in accordance with § /4-40-606, after the territory declared annexed is considered part of a city or incorporated town, the inhabitants residing in the annexed portion shall: (1) Have all the rights and privileges of the inhabitants of the annexing city or incorporated town; and (2) (A) Be extended the scheduled services within three (3) years after the date the annexation becomes final. (B) The mayor of the municipality shall file a report with the city clerk or recorder, town recorder, and county clerk of the extension of scheduled services. (b) If the scheduled services have not been extended to the area and property boundaries of the new inhabitants within three (3) years after the date annexation becomes final, the written notice reporting the status of the extension of scheduled services shall: (1) Include a written plan for completing the extension of services and estimated date of completion; and (2) Include a statement of the rights of inhabitants to seek detachment. (c) A city or incorporated town shall not proceed with any additional annexation elections if there are pending scheduled services that have not been extended as required under this subchapter. HISTORY: Acts 2013, No. 1502, § 1. HIERARCHY NOTES: Tit. 14, Subtit. 3, Ch. 40 Note City of Fayetteville Staff Review Form n Qfi 2015-0067 N/A ncil Meeting Date - Agenda Item Only N/A for Non -Agenda Item Andrew Garner 2/3/2015 Submitted By Submitted Date Action Recommendation: Animal Services/ vent Services Der Arkansas code sections adopted in 2013 require the mayor to issue alnotice regarding annexation elections that have become final in the previous eight years. To address this requirement like last year, City Planning staff has put together a notice for the mayor's signature. This notice has been formatted to be filed of record at the Washington County Clerk. Please review and sign this notice and forward it to the City Clerk to be filed of record at the Washington County Clerk. Account Number Project Number Budgeted Item? NA Does item have a cost? NA Budget Adjustment Attached? NA Previous Ordinance or Resolution # Original Contract Number: Comments: Budget Impact: Current Budget Funds Obligated Current Balance Ite ' Cost Budget Adjustment Remaining Budget Fund Project Title O Approval Date: 0 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE TO: Lioneld Jordan, Mayor THRU: Jeremy Pate, Development Services Kit Williams, City Attorney FROM: Andrew Garner, City Planning Director DATE: February 3, 2015 SUBJECT: Notice Pursuant to A.C.A. 14-40-2201 and 1' ATTACHMENT: Draft Notice; A.C.A. 14-40-2201 and 14-40-2202; Annexation Ordinance 4888 The subject code sections adopted in 2013 require the mayor to i that have become final in the previous eight years. To address this has put together a notice for the mayor's signature. This notice h: Washington County Clerk's office. Please review and sign this not. of record at the Washington County Clerk's office. :ue a notice regarding annexation elections quirement like last year, City Planning staff been formatted to be filed of record at the and forward it to the City Clerk to be filed C) ink CT. CPI 4 r-(11 I Ti U C7_ _ } J r-rCA) PURSUANT TO THE ANNEXATION AND TRANSPARENCY ACT OF THE STATE OF ARKANSAS, A.C.A. 14-40-2201 AND 14-40-2202, MAYOR LIONELD JORDAN OF THE CITY OF FAYETTEVILLE, ARKANSAS HEREBY PUBLISHES THEIFOLLOWING NOTICE DESCRIBING ANY ANNEXATION ELECTION FINALIZED IN THE PREVIOUS EIGHT YEARS: Annexation Elections Within the Past Eight Years: An ordinance calling an annexation election in the City of Fayetteville was filed of record on June 29, 2006 with Ordinance No 4888 as shown on Exhibit "A". This annexation encompassed approximately 2,000 acres contiguous to the western City limits and was approved by the voters at a Special Election on Tuesday, October 10, 2006. Schedule of Services to be Provided: The following inhabitants of the annexed portions of the City: • Trash service • Police protection • Fire protection (fire department, fire flows where • Fire Department as first responders • Sewer service if available — any extensions of put the responsibility of the property owner/developer • Curbside recycling and yard waste pick up • Zoning and development regulation protections The scheduled services as described above have been provided to city. APPROVED: ATTEST: E. services were to be provided to the or private lines to serve these areas will be inhabitants of the annexed portions of the City Clerk/Treasurer Qh�� O'C ••CJ i .v•• c ; FAYE1TEVILL "''- , • - Exhibit " ORDINANCE NO. FILED 2006 JUw 29 Ap 11 r !2 Ic"na llcounSpr blpD CO & PR034 CLERK N%ASNINGT0N C0 ARK AN ORDINANCE CALLING AN I ELECTION TO DETERMINE WHETHER APPROXIMATELY 2,000 ACRES CONTIGUOUS TO THE WESTERN I 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 be sold as suburban property, represent the actual g its legal boundary; and WHEREAS, the lands are needed for proper WHEREAS, the lands are valuable by reason of municipal uses; and WHEREAS, the fair market value of the lands than lands used only for agricultural or horticultural p uses of the lands is not for agricultural or horticultural WHEREAS, the proposed annexed lands meet annexation set forth in A.C.A. § 14-40-302. NOW, THEREFORE, BE IT ORDAINED BY CITY OF FAYETTEVILLE, ARKANSAS: as municipal lots or held to of the municipality beyond purposes; and adaptability for prospective to be annexed is greater and the highest and best ;; and the statutory requirements for CITY COUNCIL OF THE Section 1: That the City Council of the City ofiFayetteville, 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 ttiis 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 q election shall vote for such annexation, the munici description and map of the annexed area with the Coun and with the Secretary of State. The annexation shall bi limits of the City of Fayetteville thirty (30) days follow. and map with the County Clerk, or in the event an actic on the date the judgment of said court becomes final. electors voting on the issue at the election vote against ordinance shall be null and void. alified electors voting in such ility shall proceed to file a r Clerk of Washington County included within the corporate g the filing of the description is filed with the circuit court, If a majority of the qualified !re annexation, the annexation 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: I ❑ 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 and D is no longer legally available for annexation at ti and the ballot shall refer only to the remaining legally a PASSED and APPROVED this 20th day of June, APPROVED: By: By: inexation by Exhibits A, B, C, time of election this ordinance texable area. :FAYETTEVILLE: SMITH, City Clerk EXHIBIT A DESCRIPTION 1: A part of Sections 8, 9, 10, 15, 16, 17 and 20, all within Township County, Arkansas, and being more particularly described as folloi 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 comer of the NE -NW -15.1631; 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' 49" W 86.18 feet; Thence S85° 35' 11" W 307.42 feet; Thence S 85° 35' 12" W 307.94 feet; Thence S 86° 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 581° 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 1437° 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 -1 Thence Northerly to the SE comer of the SW -NE -17-1631; 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 Thence Westerly to the SW corner of the NE -N W-17-16-31; Thence Northerly to the NW comer of the NE -NW -17-16-31; Thence Easterly to the SW corner of the SW -SE -8-16-31; Thence N02° 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 comer of the NE -SE -I 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 North, Range 31 West, Washington Thence S 87° 40' 35" 13210.00 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 -N Thence Easterly to the NE corner of the SW -NW -10-16-31; Thence Northerly to the NW corner of the NE -NW -10-16-31; Thence S Sr 54' 23" E 662.49 feet; Thence S 02° 33' 40" W 1094.55 feet, ThenceS02° 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 87° 52' 34" E 659.92 feet Thence S 02° 28' 07" W 591.27 feet; Thence 502° 27 58" W 94.22 feet; Thence S 02° 25' 02" W 3310.46 feet; Thence N 67° 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 38° 39' 04" W 55.87 feet; Thence N 38° 39' 03" W 6531 feet; Thence 57° 21' 02" W 69.84 feet; Thence N 25° 29' 06" W 114.53 feet; Thence N 87° 5734" 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 EXHIBIT B DESCRIPTION 2: A part of Sections 14, 15, 22, and 23, all within Township 16 Nort Arkansas, and being more particularly described as follows: Beginning at the NE corner of the NE -SW -14-16-31; Thence Southerly to the SE comer of the NE -SW -14-16-31; Thence502°3S' 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 902° 35' 23" W 1294.47 feet, to the SE comer of the SW-SVV 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" €35.00 feet; Thence 588° 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 cornei of the NE -NI 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 comer of the NE -SE - Thence Northerly to the SE comer 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' 01" 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 01" 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 05" 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.I0 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. Range 30 West, Washington County, 6-31; o � o :t\. yp' Y 1 � � • 0 O ° ° � O TI O • L _ : .t0:_,° ',` p� cP O. ry 11 I Jme.J" S , ✓. _ '�. 1ifli v • G5 O J .l tt^ .4 �� IS T Jo • v O e J �!'Y • ° iL+A �u�l•'Jy �.�J • •71 ea d• ° .• L0i)Y T • p.aee O 0 [JU x O ° .l•• •J Y 'am 0 i1' E I; b o J � , ,� . I MJ wA - it4 F O �• p t t -. ° Y _u 4 ��.(�,` J +•fin '` w P• (JCiJ � � X2 r•• 17 <- u p 4 R. At •Stn Sfl IS 2 r� l pp'pa° 9 -o.y ?. "o'O-O-ocr A Y? S 4 pa i.. .o • J I 1 �e1.a*J v. Ihj,O�1 ,�J f�rF'-t�� la.n♦ • eFuYdCE3+"'E6�YF (I 4 -• n o 9 7 � - 0 c ° j o � CERTIFICATE OF RECORD State of Arkansas )ss: City of Fayetteville ) I, Sondra Smlth, City Clerkfrreasurer for the City of certify that the foregoing instrument is a true and correct copy of the filed in my office on the,* f≥ day of . 200J0 WITNESS my hand and seal this day of C City of Fayetteville, Arkansas, do hereby r .. *FAYi TTEVILLE' Page I •® LexisNexis I of 2 DOCUMENTS Arkansas Code of 1987 Annotated © 1987-2013 by the State of All rights reserved. *** Legislation is current through the 2013 Regular •• received from the Arkansas Code Revision C( *** October 9, 2013. *•* Annotations are current through Octot Title 14 Local Cove Subtitle 3. Municipal G Chapter 40 Annexation, Consolidation, And Subchapter 22 -- Annexation and Deta' A.C.A. § 14-40-2201 (20 14-40-2201. Annexation and provision of scheduled services. Edition and updates *** m through *** 2,2013.*** ment By Municipalities Transparency Act (a) (1) Beginning March 1, 2014, and each successive year thereafter, the mayor or city manager of a city or incor- porated town shall file annually with the city clerk or recorder, town recorder, and county clerk a written notice de- scribing any annexation elections that have become final in the previous eight (8) years. (2) The written notice shall include: (A) The schedule of services to be provided to the inhabitants (B) A statement as to whether the scheduled services have been portions of the city. (b) If the scheduled services have not been provided to the new inhab annexation becomes final, the written notice reporting the status of the ext statement of the rights of inhabitants to seek detachment. (c) A city or incorporated town shall not proceed with annexation ele( that have not been provided in three (3) years as prescribed by law. HISTORY: Acts 2013, No. 1502, § I. HIERARCHY NOTES: Tit. 14, Subtit. 3, Ch. 40 Note annexed portion of the city; and Tided to the inhabitants of the annexed within three (3) years after the date the t of scheduled services shall include a if there are pending scheduled services Page I •® LexisNexis I oft DOCUMENTS Arkansas Code of 1987 Annotated © 1987-2013 by the State of All rights reserved. *** Legislation is current through the 2013 Regular *** received from the Arkansas Code Revision C *** October 9, 2013. *** ** Annotations are current through Octo Title 14 Local Gove Subtitle 3. Municipal G Chapter 40 Annexation, Consolidation, And Subchapter 22 -- Annexation and Deta A.C.A. § 14-40-2202 (201 14-40-2202. Inhabitants of annexed area. Edition and updates *** )n through *** 2,2013.*** ment By Municipalities Transparency Act (a) In all annexations under § /4-40-303 and in accordance with § /4-40-606, after the territory declared annexed is considered part of a city or incorporated town, the inhabitants residing in the annexed portion shall: (1) Have all the rights and privileges of the inhabitants of the annexing city or incorporated town; and (2) (A) Be extended the scheduled services within three (3) years (after the date the annexation becomes final. (B) The mayor of the municipality shall file a report with the city clerk or recorder, town recorder, and county clerk of the extension of scheduled services. (b) If the scheduled services have not been extended to the area and p within three (3) years after the date annexation becomes final, the written scheduled services shall: (I) Include a written plan for completing the extension of services (2) Include a statement of the rights of inhabitants to seek detachm (c) A city or incorporated town shall not proceed with any additional scheduled services that have not been extended as required under this subs HISTORY: Acts 2013, No. 1502, § 1. HIERARCHY NOTES: Tit. 14, Subtit. 3, Ch. 40 Note boundaries of the new inhabitants reporting the status of the extension of estimated date of completion; and elections if there are pending PURSUANT TO THE ANNEXATION AND TRANSPJ ARKANSAS, A.C.A. 14-40-2201 AND 14-40-2202, MAYOR FAYETTEVILLE, ARKANSAS HEREBY PUBLISHES THI ANY ANNEXATION ELECTION FINALIZED IN 1 Annexation Elections Within the Past Eight Years: An c City of Fayetteville was filed of record on June 29, 2006 with l This annexation encompassed approximately 2,000 acres con approved by the voters at a Special Election on Tuesday, October Schedule of Services to be Provided: The following inhabitants of the annexed portions of the City: ■ Trash service ■ Police protection ■ Fire protection (fire department, fire flows where: ■ Fire Department as first responders ■ Sewer service if available — any extensions of put the responsibility of the property owner/developer • Curbside recycling and yard waste pick up ■ Zoning and development regulation protections The scheduled services as described above have been provided to city. ATTEST: ACT OF THE STATE OF D JORDAN OF THE CITY OF FOLLOWING NOTICE DESCRIBING PREVIOUS EIGHT YEARS: ance calling an annexation election in the nance No 4888 as shown on Exhibit "A". ous to the western City limits and was 2006. services were to be provided to the or private lines to serve these areas will be inhabitants of the annexed portions of the City Clerk/Treasurer