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.
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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 '
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: FAYETTEVILLE *
APPROVED- ATTEST:
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By: By:, /Ylnxvr✓
DAN COODY, Mayor SONDRA SMITH, City Clerk
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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