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HomeMy WebLinkAboutOrdinance 4904 ORDINANCE NO, 4904 AN ORDINANCE TO ESTABLISH AND LAY OFF FAYETTEVILLE MUNICIPAL PROPERTY OWNERS ' IMPROVEMENT DISTRICT NO. 17 — THE VILLAS AT STONEBRIDGE WHEREAS, a Petition to form Fayetteville Municipal Property Owners' Improvement District No. 17- The Villas at Stonebridge 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 August 1 , 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 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. Sec. 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. 17 — The Villas at Stonebridge 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: Hank Broyles, John Nock and Alexander Broyles. Section 3 : The name of said improvement district shall be Fayetteville Municipal Property Owners' Improvement District No. 17 — The Villas at Stonebridge. 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 15f day of August, 2006. \SY O,c•G� ? E ; FAYETTEVILLE� APPROVED• ATTEST: " 4�:, -�ys.9 AKA NSP'Jam',' By: By: : / O%GTON ,C�%%%' DA COODY, Mayor SONDRA SMITH, City Clerk Exhibit "A" Fayetteville Municipal Property Owners' Improvement District No. 17 — The Villas at Stonebridge A part of Section 24, and a part of Section 25 all in Township 16 North, Range 30 West, Washington County, Arkansas and being more particularly described as follows: Beginning at the Northwest Comer of Northeast Quarter of Section 25 and running thence N 87°01 ' 16" W 987.33 feet to the centerline of Dead Horse Mountain Road; thence along said centerline N 03°03'00" E 600.87 feet; thence leaving said road centerline S 870116" E 52.27 feet; thence S 56°35'20" E 339.81 feet; thence S 81 °27'33 ". E 631 .08 feet; thence S 33°49'31 " E 271 .57 feet; N 8895'23" E 161 .27 feet; thence S 42° 11 '39" E 488.91 feet; thence S 04°36'52" E 928. 17 feet; thence S 1505930" W 713 .53 feet; thence S 7003732" .W 185.48 feet; thence S 32°39'52" W 467.30 feet; thence S 46°59'22" W 162.84 feet; thence S 16°02'22" W 109.30 feet; thence S 02033'46" W 105.25 feet; thence S 38°49'44" E 79.65 feet; thence S 16° 12'04" E 74.82 feet; thence N 86055'06" W 339.76 feet to the centerline of Dead Horse Mountain Road; thence along said road centerline N 49°07'24" W 36.69 feet; thence N 60° 12'41 " W 100.88 feet; thence N 77°29'04" W 137. 15 feet; thence leaving said centerline S 86°55'06" E 456.61 feet to the Northwest Corner of the Southeast Quarter of said Section 25 ; thence N 02°33'46° E along the west line of the Northeast Quarter of said Section 25, 407.00 feet; thence N 87°26' 15 " W 213 .99 feet; thence N 02033'46" E 1276.27 feet; thence S 73°50'46" W 819.41 feet to a point in the county road; thence N 02033'46" E 42.23 feet; thence N 73°50'46" E 1045 .35 feet; thence N 02°33'46" E 843 .38 feet to the point of beginning, containing an area of 53 .03 acres more or less. Subject to and easements and or right of ways of record. e) 4z L City of Fayetteville el ( 1 D.t7 Staff Review Form City Council Agenda Items or Contracts August 1 , 2006 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. 17 - The Villas at Stonebridge. 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. N/A 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 Category Name N/A N/A N/A Project Number Remaining Balance Fund Name Budgeted Item r N/A I Budget Adjustment Attached F N/A Previous Ordinance or Resolution # AIJ4,,� �c ., � /J�li 1006 De artment Director Date Original Contract Date: Original Contract Number: -71 I Oil OG City Attome Date Received in City Clerk's Office OJ 64 7 ''--'-'-�- Fi nce and Internal Service Director Date Received in Mayor's Office �pEp Adateit� Ma� r Comments: RECENED e � ev eJUL 18 2006 113 West Mountain Cop � CITI' OF FAYETTEVILLE Fayetteville, AR 72701 1%AAYOR'S OFFICE Telephone: (479) 575-8323 Fax: (479) 718-7695 city-clerk@ci.fayetteville.ar.us City Clerk/Treasurer Division July 18, 2006 Honorable Dan Coody, Mayor City Administration Building 113 W. Mountain Fayetteville, AR 72701 RE: Petition to form Fayetteville Municipal Property Owner Improvement District No. 17 The Villas at Stonebridge Dear Mayor: Pursuant to Arkansas Code Ann. Sec. 14-94-105 (e)(3), you are hereby notified that the enclosed Petition to form Fayetteville Municipal Property Owners' Improvement District No. 17—The Villas at Stonebridge has been filed in the office of the Fayetteville City Clerk. Pursuant to Ark. Code Ann. Sec. 14-94-106 (a)(1 ), I hereby present you with the Petition. Sincerely, , • . �1 Sondra Smith City Clerk/Treasurer cc: Kit Williams, City Attorney James N. McCord JAMES N. McCORD Attomey at Law 11 N. WEST AVE. RECEIVE© SUITE #202 FAYETTEVILLE, ARKANSAS 72701 JUL 1 U 2003 TELEPHONE (479) 695-1134 CIITTYCLERK OFFICE FACSIMLE (479) 695-1135 iimmccordlawo.alltel.net July 18, 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. 17- The Villas at Stonebridge Dear Ms. Smith: Enclosed for filing in the office of the Fayetteville City Clerk are four executed counterparts of a Petition to Form Fayetteville Municipal Property Owners' Improvement District No. 17- The Villas at Stonebridge. Please file mark each Petition, retain one for the City's permanent file, one for presentation to the Mayor, and return the other counterparts to me. The Petition is being filed under the Arkansas Municipal Property OwnersImprovement 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. r+ (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. (2) 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 lay off the district as defined in the petition and to appoint the commissioners named in the petition. (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, for filing in the office of the City Clerk, is an executed Abstracter's Certificate certifying that the improvement district petition is signed by the owner 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 developer must comply with all city development ordinances. The completed infrastructure improvements are dedicated to the city. 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 Villas at Stonebridge Meadows will be a residential development on 53 .03 acres located east of Dead Horse Mountain Road and south of Stonebridge Meadows Golf Course. Should there be any questions, please contact me. Sincerely, imeN. McCord pc: Hon. Dan Coody, Mayor 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. 17- The Villas at Stonebridge Pursuant to Ark. Code Ann. Sec. 14-94-106(a)(2), I hereby set Tuesday, August 11 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. 17— The Villas at Stonebridge. 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. Sec. 14-94-106(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. 17 — THE VILLAS AT STONEBRIDGE WHEREAS, a Petition to form Fayetteville Municipal Property Owners' Improvement District No. 17- The Villas at Stonebridge 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 August 1 , 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 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. Sec. 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. 17 — The Villas at Stonebridge 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: Hank Broyles, John Nock and Alexander Broyles. Section 3 : The name of said improvement district shall be Fayetteville Municipal Property Owners' Improvement District No. 17 — The Villas at Stonebridge. 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 15t day of August, 2006. APPROVED: By: DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk Exhibit "A" Fayetteville Municipal Property Owners' Improvement District No. 17 — The Villas at Stonebridge A part of Section 24, and a part of Section 25 all in Township 16 North, Range 30 West, Washington County, Arkansas and being more particularly described as follows: Beginning at the Northwest Comer of Northeast Quarter of Section 25 and running thence N 87°01 ' 16" W 987.33 feet to the centerline of Dead Horse Mountain Road; thence along said centerline N 03103'00" E 600.87 feet; thence leaving said road centerline S 87°01 ' 16" E 52.27 feet; thence S 56°35'20" E 339.81 feet; thence S 81 °27'33" E 631 .08 feet; thence S 33°49'31 " E 271 .57 feet; N 88015'23 " E 161 .27 feet; thence S 42°11 '39" E 488.91 feet; thence S 04°36'52" E 928. 17 feet; thence S 15059'30" W 713 .53 feet; thence S 70°37'32" W 185.48 feet; thence S 3299'52" W 467.30 feet; thence S 46°59'22" W 162.84 feet; thence S 16°02'22" W 109.30 feet; thence S 02°33'46" W 105.25 feet; thence S 38°49'44" E 79.65 feet; thence S 16012'04" E 74.82 feet; thence N 86055'06" W 339.76 feet to the centerline of Dead Horse Mountain Road; thence along said road centerline N 4900724" W 36.69 feet; thence N 60° 12'41 " W 100.88 feet; thence N 77°29'04" W 137. 15 feet; thence leaving said centerline S 86055'06" E 456.61 feet to the Northwest Corner of the Southeast Quarter of said Section 25; thence N 02°33'46" E along the west line of the Northeast Quarter of said Section 25, 407.00 feet; thence N 87°26' 15" W 213 .99 feet; thence N 02033'46" E 1276.27 feet; thence S 73°50'46" W 819.41 feet to a point in the county road; thence N 02033'46" E 42.23 feet; thence N 73°50'46" E 1045.35 feet; thence N 02°33'46" E 843 .38 feet to the point of beginning, containing an area of 53 .03 acres more or less. Subject to and easements and or right of ways of record. z _ i REeEIVED NOTICE CTV 1 � z�Gs CITY CF FAYE77EVILLE YOUR SIGNATURE HEREON SHOWSSOFFHAT YOU FAVOR THE ESTABLISHMENT OF AN IMPROVEMENT DISTRICT . IF THE DISTRICT IS FORMED , YOU MAY BE CHARGED FOR THE COSTS OF THE IMPROVEMENTS . BEFORE THE - PETITION TO FORM FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 17- THE VILLAS AT STONEBRIDGE For its petition to form Fayetteville Municipal Property Owners' Improvement District No. 17- The Villas at, Stonebridge, Nock-Broyles Land Development, LLC, ("Petitioner") states: 1 . Petitioner is the record title owner 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 Clerk 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. Petitioner desires Ithat the real property described in Exhibit "A" attached hereto and made a part hereof be established and laid off into a municipal property owners' improvement district 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, drainage, gas pipelines, underground trenches and