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HomeMy WebLinkAboutOrdinance 4897 r' ORDINANCE NO, 4897 AN ORDINANCE TO ESTABLISH AND LAY OFF FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 16 — WELLSPRING WHEREAS, a Petition to form Fayetteville Municipal Property Owners' Improvement District No. 16 — Wellspring has been filed with the Fayetteville City Clerk; and WHEREAS, the City Clerk has presented said petition to the Mayor; and WHEREAS, the Mayor has set July 18,' 2006, at 6:00 p.m. as the date and time for a hearing before the Fayetteville City Council for consideration of said petition; and WHEREAS, the Fayetteville City Council has determined from the petition and an abstracter' s certificate of property ownership that those signing the petition constitute all the owners of the real property to be located in the district; and WHEREAS, the Arkansas Municipal Property Owners' Improvement District Law provides at Ark. Code Ann. § 14-94- 106(b)(2) that if the governing body determines that all the owners of the record title to the real property to be located in the district have petitioned for the improvements, it shall then be its duty by ordinance to establish and lay off the district as defined in the petition and to appoint the commissioners named in the petition. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF FAYETTEVILLE, ARKANSAS: Section 1 : That the real property described in Exhibit "A" attached hereto and made a part hereof is hereby established and laid off as Fayetteville Municipal Property Owners' Improvement District No. 16 — Wellspring for the purpose of constructing, purchasing, accepting as a gift or maintaining facilities for waterworks, recreation, drainage, gas pipelines, underground trenches and excavations necessary for the installation by public utilities or municipal utilities of electric and telephone distribution systems, sanitary sewers, streets and highways including curbs and gutters, and sidewalks, together with facilities related to any of the foregoing, or for more than one of those purposes. r � Section 2 : The following three individuals are hereby appointed as commissioners of said improvement district: Brandon Barber, Seth Kaffka and Brandon Rains. Section 3 : The name of said improvement district shall be Fayetteville Municipal Property Owners' Improvement District No. 16 — Wellspring. Section 4: The district shall not cease to exist upon the acquiring, constructing or completion of the improvements, but it shall continue to exist for the purpose of preserving, maintaining, and operating the improvements, replacing equipment, paying salaries to employees, and performing any other functions or services authorized in Ark. Code Ann., Title 14, Chapter 94. PASSED and APPROVED this 18th day of July, 2006. �r\�Fi1VTR ' °O .G\SYOc SG's, �.� •. � . p : FAYETTEVILLE * APPROVED- ATTEST: y: kANSP�J�';� l \ !NG 'oNtto j1�p���. By: By:, /Ylnxvr✓ DAN COODY, Mayor SONDRA SMITH, City Clerk a ' s 'r Fayetteville Municipal Property Owners' Improvement District No. 16 - Wellspring Exhibit A SURVEY DESCRIPTION: A PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 6, TOWNSHIP 16 NORTH, RANGE 30 WEST, AND A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 1 , TOWNSHIP 16 NORTH, RANGE 31 WEST, AND A PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST, AND A PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 16 NORTH, RANGE 31 WEST, ALL IN WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS S87°42'05"E 617.60' AND NO3003'08"E 102.59' FROM THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 7 AND RUNNING THENCE S87003'27"E 93 .41 ' TO A SET IRON PIN , THENCE NO2040105"E 1716.06' TO A FOUND IRON PIN, THENCE NO2040'00"E 2143 .06' TO A FOUND IRON PIN, THENCE N8704614211W 715 .35' TO A FOUND IRON PIN, LOCATED AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 7, THENCE NO202795611E 46.74' TO A FOUND IRON PIN, LOCATED AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 1 , THENCE N86058'50"W 751 .69' TO THE CENTERLINE OF RUPPLE ROAD, THENCE ALONG SAID CENTERLINE S20020'50"W 44.46'; S14° 10'34"W 65 . 18'; S09° 16'42"W 44.03'; S06°40'25"W 54.50'; S05° 18'51 " W 54.60'; SO4°54'39" W 54.72'; SO405712"W 59.85'; S07° 17'28"W 55 .76; S13038' 10"W 52.31 '; S23°24'21 "W 49.39'; S32° 18'04"W 47.75'; S36°38' 10"W 37.75'; S40°31 '2VW 59. 19'; S44°51 ' 16"W 60.06'; S46°48'24"W 67.32'; S44°39' 19"W 56.83'; S39°09'37"W 55 .03'; S30055' 13"W 66.99'; S24°56'32"W 57.82'; S22°38' 12'.W 58.87'; S22°23'40"W 54.61 '; S22°23'30"W 58.25; S23°21 '56"W 55 .44; S27°27'36"W 58. 17; S31 °39' 13"W 58.36; S31 °28'21 "W 57.48; S21021 '38"W 54.39; S09°23'27"W 60.29 SO2°47' 11 "W 51 .61 ; S01 °55'43 "W 51 .38; S02°08'4VW 57. 15'; S02°26'03"W 49.97'; S02°30'26"W 51 .03'; S02049'34"W 51 .91 '; S02°57'05"W 54.52'; S02054'57"W 52.461; S02°50'56"W 55. 16; S02°43'15 "W 48.89'; S02°33'25 "W 54.35'; S02°31 '07"W 51 .57; S02025'23 "W 56.41 '; S02° 19'43 "W 50.93'; S02°27'09"W 38.77; S02034' 15"W 44.03'; S03012'55 "W 52. 16'; S02°57' 10"W 49.78'; S02033154"W 51 .59'; S02057'20"W 63 .38'; S03010'04"W 52.97'; S02°59'07"W 52.35'; S02°31 '09"W 51 . 19; S03012' 19"W 54.91 '; S02013' 15 "W 33 . 15'; S02014'57"W 49.48'; S02°42'49"W 48.61 '; S02037' 18"W 50.94'; S02042'26"W 49.47; S02° 18' 12"W 48.56'; S02045' 16"W 52.85'; S02038'45 "W 52.94'; S02°54'55"W 41 .80'; S02°54'55"W 360.64'; THENCE LEAVING SAID CENTERLINE S87030'27"E 629.81 ' TO A CORNER POST, THENCE S03009'47W 7.60' TO A SET IRON PIN, THENCE S86050113"E 1088.84' ; THENCE S03°03'08"W 434.541 ; THENCE ALONG SAID RIGHT-OF-WAY S87°02' 59"E 209.22' TO THE POINT OF BEGINNING, CONTAINING 152.23 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF RECORD. City of Fayetteville M77 Staff Review Form City Council Agenda Items wQ ll�Jrl n5 or pyt �- Contracts July 17AB6' S�1 City Council Meeting Date Sondra Smith City Clerk City Clerk Submitted By Division Department Action Required : An ordinance to establish Fayetteville Municipal Property Owners' Improvement District No. Wellspring . . This petition is being filed under the Arkansas Municipal Property Owners' Improvement District law. Arkansas Code Ann. Sec. 14-94-101 et seq. The petition is being filed by James N . McCord. on behalf of the Improvement District. NIA NIA N/A Cost of this request Category / Project Budget Program Category / Project Name NIA NIA N/A Account Number Funds Used to Date Program / Project Category Name NIA NIA NIA Project Number Remaining Balance Fund Name Budgeted Item N!A Budget Adjustment Attached NIA A� / AAL Previous Ordinance or Resolution # Dep rtment Director ��� 1i) / Dae Original Contract Date: r_ _ Original Contract Number: City A torney Date n �j/) / Received in 's Office 7//C45CD/ 1Su /O EN D Fingncd and Internal Service Directo D Received in Mayor's Office c7 � D � M yor ate Comments: JAMES N. McCORD AtwmFy at taw 11 N. WEST AVE. SUITE #202 FAYETTEVILLE, ARKANSAS 72701 TELEPHONE (479) 695-1134 FACSIMLE (479) 695-1135 iimmccordlaw &alltel.net July 11 , 2006 Sondra Smith VIA HAND DELIVERY Fayetteville City Clerk City Administration Building 113 W. Mountain Fayetteville, AR 727- 1 Re: Petition to Form Fayetteville Municipal Property Owners' Improvement District No. lb- Wellspring Dear Ms. Smith: On September 15, 2005, I filed in your office a Petition to Form Fayetteville Municipal Property Owners' Improvement District No. 10- Wellspring, along with supporting documents. I am counsel to the petitioners. The petition and supporting documents were withdrawn by my letter to you dated September 23, 2005. On July 7, 20061 I filed a new Petition to Form Fayetteville Municipal Property Owners' Improvement District No. 10- Wellspring and supporting documents. You have advised me that the number for the improvement district should now be " 16", instead of" 10". We have agreed that I will change, by hand notation, the number on the Petition and Abstracter's Certificate filed in your office. Thank you for your assistance. Sincerely, _ o es N. McCord pc: Brandon Barber Kit Williams, City Attorney RECEIVED JUL 11 2006 CITY OF FAYETTEVILL, CITY CLERK'S OFFIC[ JAMES N. McCORD Attorney at Lau, 11 N . WEST AVE. SUITE #202 FAYETTEVILLE, ARKANSAS 72701 TELEPHONE (479) 695-1134 FACSIMLE (479) 695-1135 L mccordlawCD.alltel. net July 7, 2006 Sondra Smith VIA HAND DELIVERY Fayetteville City Clerk City Administration Building 113 West Mountain Street Fayetteville, AR 72701 Re: Petition to Form Fayetteville Municipal Property Owners' Improvement District No. *- Wellspring Dear Ms. Smith: Enclosed for filing in the office of the Fayetteville City Clerk are three executed counterparts of a Petition to Form Fayetteville Municipal Property Owners' Improvement District No. lb- Wellspring. Please file mark each Petition, retain one for the City's permanent file, one for presentation to the Mayor, and return the other counterpart to me. The Petition is being filed under the Arkansas Municipal Property Owners' Improvement District law, Ark. Code Ann. Sec. 14-94-101 et seq. Ark. Code Ann. Sec. 14-94-106 provides: (a)(1) Upon the filing of the petition with the clerk, it shall be the duty of the clerk to present the petition to the mayor. (2) The mayor shall thereupon set a date and time not later than fifteen (15) days after the date of the presentation of the petition to the mayor, for a hearing before the governing body for consideration of the petition. (b)(1) At the hearing, it shall be the duty of the governing body to hear the petition and to ascertain whether those signing the petition constitute all the owners of the real property to be located in the district. RECEIVED JUL 0 7 2005 CITY OF FAYETrEVILLL CITY CLERICS OFFICE (2) If the governing body determines that all the owners of the real to be located in the district have petitioned for the improvements, it shall be its duty by ordinance to establish and lay off the district as defined in the petition and to appoint the commissioners named in the petition. ass (c) The ordinance establishing the district shall be published within thirty (30) days after its adoption by one (1) insertion in some newspaper of general circulation in the municipality in which the district lies. Enclosed is a form the Mayor may use to give the City Council notice of the date and time of the hearing on the Petition. Also enclosed is an executed Abstracter's Certificate certifying that the improvement district petition is signed by the owners of the record title to all the real property described in the Petition. I have drafted and enclose an ordinance which would establish the district and name the commissioners. Formation of a municipal property owners' improvement district is merely a financing alternative for the cost of subdivision infrastructure. The improvement district issues special assessment bonds, bond proceeds are used to construct or purchase the improvements, the district levies an annual tax on each lot in the district to pay debt service on the bonds, the annual taxes are collected by the county tax collector and paid to the bond trustee, and the trustee makes debt service payments to the bondholders. The developer must comply with all city development ordinances. Wellspring subdivision is proposed for 152.23 acres located on the east side of Rupple Road north of Wedington Drive. Should there be any questions, please contact me. Sincerely, ames N. McCord pc: Kit Williams, City Attorney TO: Fayetteville City Council FROM: Mayor Dan Coody DATE: July _, 2006 RE: Petition to Form Fayetteville Municipal Property Owners' Improvement District No. 1b — Wellspring Pursuant to Ark. Code Ann. Sec. 14-94-106(a)(2), I hereby set Tuesday, July, 18, 2006, at 6:00 p.m. as the date and time for a hearing before the Fayetteville City Council for consideration of the Petition to Form Fayetteville Municipal Property Owners' Improvement District No. 16 — Wellspring. Ark. Code Ann. Sec. 14-94-106(b)( 1 ) provides that, at the hearing, it shall be the duty of the governing body to hear the petition and to ascertain whether those signing the petition constitute all the owners of the real property to be located in the district. Ark. code Ann. 814-94-106(b)(2)(A) provides that if the governing body determines that all the owners of the real property to be located in the district have petitioned for the improvements, it shall be its duty by ordinance to establish and layoff the district as defined in the petition and to appoint the commissioners named in the petition. cc: Kit Williams, City Attorney James N. McCord ORDINANCE NO. AN ORDINANCE TO ESTABLISH AND LAY OFF FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 16 — WELLSPRING WHEREAS, a Petition to form Fayetteville Municipal Property Owners' Improvement District No. 16 — Wellspring has been filed with the Fayetteville City Clerk; and WHEREAS, the City Clerk has presented said petition to the Mayor; and WHEREAS, the Mayor has set July 18, 2006, at 6:00 p.m. as the date and time for a hearing before the Fayetteville City Council for consideration of said petition; and WHEREAS, the Fayetteville City Council has determined from the petition and an abstracter's certificate of property ownership that those signing the petition constitute all the owners of the real property to be located in the district; and WHEREAS, the Arkansas Municipal Property Owners' Improvement District Law provides at Ark. Code Ann. § 14-94- 106(b)(2) that if the governing body determines that all the owners of the record title to the real property to be located in the district have petitioned for the improvements, it shall then be its duty by ordinance to establish and lay off the district as defined in the petition and to appoint the commissioners named in the petition. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF FAYETTEVILLE, ARKANSAS: Section 1 : That the real property described in Exhibit "A" attached hereto and made a part hereof is hereby established and laid off as Fayetteville Municipal Property Owners' Improvement District No. 16 — Wellspring for the purpose of constructing, purchasing, accepting as a gift or maintaining facilities for waterworks, recreation, drainage, gas pipelines, underground trenches and excavations necessary for the installation by public utilities or municipal utilities of electric and telephone distribution systems, sanitary sewers, streets and highways including curbs and gutters, and sidewalks, together with facilities related to any of the foregoing, or for more than one of those purposes. Section 2: The following three individuals are hereby appointed as commissioners of said improvement district: Brandon Barber, Seth Kaffka and Brandon Rains. Section 3 : The name of said improvement district shall be Fayetteville Municipal Property Owners' Improvement District No. 16 — Wellspring. Section 4: The district shall not cease to exist upon the acquiring, constructing or completion of the improvements, but it shall continue to exist for the purpose of preserving, maintaining, and operating the improvements, replacing equipment, paying salaries to employees, and performing any other functions or services authorized in Ark. Code Ann., Title 14, Chapter 94. PASSED and APPROVED this 15` day of August, 2006. APPROVED: By: DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk Fayetteville Municipal Property Owners ' Improvement District No. 16 - Wellspring Exhibit A SURVEY DESCRIPTION: A PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 6, TOWNSHIP 16 NORTH, RANGE 30 WEST, AND A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION I , TOWNSHIP 16 NORTH, RANGE 31 WEST, AND A PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST, AND A PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 16 NORTH, RANGE 31 WEST, ALL IN WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS S87°42'05 "E 617.60' AND NO3003'08"E 102.59' FROM THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 7 AND RUNNING THENCE S87003'27"E 93 .41 ' TO A SET IRON PIN, THENCE NO20401051PE 1716.06' TO A FOUND IRON PIN, THENCE NO2040'00"E 2143 .06' TO A FOUND IRON PIN, THENCE N8704614211W 715.35' TO A FOUND IRON PIN, LOCATED AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 7, THENCE NO2027156"E 46.74' TO A FOUND IRON PIN, LOCATED AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 1 , THENCE N86058'50"W 751 .69' TO THE CENTERLINE OF RUPPLE ROAD, THENCE ALONG SAID CENTERLINE S20020'50"W 44.46; S14010'34"W 65. 18; S09° 16'42"W 44.03; S06°40'25 "W 54.50'; S05018'51 " W 54.60; SO4054'39" W 54.72'; SO4057' 12"W 59.85'; S07° 17'28"W 55.76; S13038'10"W 52.31 ; S23°24'21 "W 49.39; S32° 18'04"W 47.75; S36038' 10"W 37.75; S40°3I '2VW 59. 19; S44°51 '16"W 60.06; S46048'24"W 67.32; S44039'19"W 56.83; S39°09'37"W 55.03; S30055'13"W 66.99; S24°56'32"W 57.82'; S22°38'12"W 58.87; S22°23'40"W 54.61 % S22°23'30"W 58.25; S23°21 '56"W 55 .44; S27°27'36"W 58. 17; S31 °39' 13"W 58.36; S31 °28'21 "W 57.48; S21021 '38"W 54.39; S09°23'27"W 60.29'; SO2°47' 11 "W 51 .61 '; S0I °55'43"W 51 .38'; S02°08'4VW 57. 15'; S02026'03"W 49.97'; S02°30'26"W 51 .03'; S02°49'34"W 51 .91 % S02°57'05"W 54.52'; S02054'57W 52.46'; S02°50'56"W 55 . 16; S02°43' 15 "W 48.89; S02°33'25 "W 54.35; S02°31 '07"W 51 .57; S02°25'23 "W 56.41 '; S02° 19'43"W 50.93; S02027'09"W 38.77; S02°34' 15"W 44.03; S03012'55"W 52. 16; S02057'10"W 49.78; S02033'54"W 51 .59'; S02°57'20"W 63.38'; S03° 10'04"W 52.97; S02059'07"W 52.35'; S02°31 '09"W 51 . 19'; S03° 12'19"W 54.91 '; S02013'15"W 33. 15; S02014'57"W 49.48; S02°42'49"W 48.61 ; S02°37' 18"W 50.94; S02°42'26"W 49.47; S02°18' 12"W 48.56; S02°45' 16"W 52.85'; S02°38'45"W 52.94; S02°54'55"W 41 .80'; S02°54'55 "W 360.64; THENCE LEAVING SAID CENTERLINE S87030'27"E 629.81 ' TO A CORNER POST, THENCE S03009'47"W 7.60' TO A SET IRON PIN, THENCE S86°50' 13 "E 1088.84' ; THENCE S03003'08"W 434.54' ; THENCE ALONG SAID RIGHT-OF-WAY S87°02' 59"E 209.22' TO THE POINT OF BEGINNING, CONTAINING 152.23 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF RECORD. i 3 j NOTICE YOUR SIGNATURE HEREON SHOWS THAT YOU i FAVOR THE ESTABLISHMENT OF AN IMPROVEMENT 'DISTRICT . IF THE DISTRICT IS FORMED , YOU MAY BE CHARGED FOR THE COSTS OF THE IMPROVEMENTS . BEFORE THE CITY COUNCIL OF FAYETTEVILLE, ARKANSAS PETITION TO FORM FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVETJ ENT DISTRICT NO. 11& WELLSPRING For their petition to foga Fayetteville Municipal Property Owners' Improvement District No. 10- Wellspring, the undersigned petitioners state: 1 . . Petitioners are theirecord title owners to all of the real property described in Exhibit "A" attached hereto and made a part hereof as reflected by the deed records in the office of the Circuit Clerks and Ex-Officio Recorder of Washington, County Arkansas. All of said property is located within the corporate limits of the City of Fayetteville, Arkansas. 2. Petitioners desire that the real property described in Exhibit "A" attached ':. hereto and made a part hereo be established and laid off into a municipal property owners' improvement districtl pursuant to Ark. Code Ann. Sec. 14-94-101 et seq. for the purpose of constructing, purchasing, accepting as a gift or maintaining facilities for waterworks, recreation, drain4ge, gas pipelines, underground trenches and excavations necessary for the installation by public utilities or municipal utilities of electric and RECEIVE_ ® JUL 07 2njs CRY OF FAYETTEMuA CRY CLERK'S OFFICE