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ORDINANCE NO, 4949 y
AN ORDINANCE TO ATTACH AND INCORPORATE
APPROXIMATELY 1,419.3 ACRES OF LAND INTO THE
CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE
PURSUANT TO THE ANNEXATION ELECTION OF
OCTOBER 10, 2006, ASSIGN ALL THIS TERRITORY TO
WARD FOUR AND TO ASSIGN THE ZONING
DESIGNATION OF R-A TO ALL PARCELS
WHEREAS, on June 20, 2006, by a vote of two-thirds of its members the City
Council passed Ordinance No. 4888 calling for an election to annex approximately 2,000
acres contiguous to the City of Fayetteville or such acreage within the territories still
legally available for annexation at the time of the election; and
WHEREAS, Parcel C was annexed through island annexation procedures prior
to the election by the City of Farmington and most of Parcel B was annexed through
island annexation procedures by the City of Fayetteville prior to the election, leaving
only Parcel A of about 1,419.3 acres to be decided by the annexation election of October
10, 2006; and
WHEREAS, on October 10, 2006, the electors of the City of Fayetteville and the
lands within Exhibit A voted 1,415 FOR the annexation and 756 AGAINST the
annexation, so the annexation passed; and
WHEREAS, the Washington County Clerk has properly certified the election
results and recorded them within seven days of the election and more than thirty (30)
days have elapsed since the filing with no election contest being filed so that now the
annexation is final.
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
acknowledges the certified vote of the citizens to annex about 1,419.3 acres as described
in Exhibit A and shown by the map attached as Exhibit B. The City Council hereby
annexes all of this land, assigns it to Ward Four and zones it R-A, Residential
Agricultural.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby
amends the official map of the City of Fayetteville to include the 1,419.3 acres described
above.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby
amends its zoning map in conformity with Section 1 above.
PASSED and APPROVED this 21St day of November, 2006.
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APPROVED: ATTEST: = e FAYETiEVILLE�
:vsy9 AANSGyJ�'�`
DAN COODY, Mayor S NDRA SMITH, iCity Clerk
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Exhibit A
WEST SIDE ANNEXATION (NOVEMBER 2006)
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-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 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 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 020 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 N
020 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 870 47' 35" E 506.32 feet; Thence N 020 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 corner 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 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 S 02° 25' 02" W 3310.46 feet, Thence N 870 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 380 39' 03" W 65.31 feet; Thence N 57° 21' 02" W 69.84 feet; Thence N 250 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 ,419.30 acres, more or less.
"Exhibit B is map and may be viewed in the city clerk's office during normal business
hours."
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City of Fayetteville y9 �9
Staff Review FormQ� h
City Council Agenda Items
or I/I Gfl/�rQ7�Qi
Contractsj>l(i� (�
11 /21 /2006
City Council Meeting Date
Tim Conklin Planning and Development Mgt. Operations
Submitted By Division Department
Action Required:
An ordinance to attach and incorporate 1 ,419.30 acres into the City of Fayetteville and assign such annexed territory
to Ward 4 pursuant to A.C.A. 14-40-303. Annexation ordinance - Election - Procedures.
N/A
Cost of this request Category / Project Budget Program Category / Project Name
Account Number Funds Used to Date Program / Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item O Budget Adjustment Attached
Previous Ordinance or Resolution #
11� 0 �
Department irector Date Original Contract Date:
Original Contract Number:
City Attorney Date
Received in Cityerk� ss 0 e
MG
Finance and Internal Service Director Date
Received in Mayor's Office p
Mayor Date
4 J
Comments:
City Council Meeting of November 21 , 2006
Agenda Item Number
CITY COUNCIL AGENDA MEMO
TO: Mayor Dan Coody
Fayetteville City Council
THROUGH: Gary Dumas, Operations Director
FROM : Tim Conklin, Planning and Development Management Director
DATE : November 3 , 2006
SUBJECT: An ordinance to attach and incorporate 1 ,419.30 acres into the City of
Fayetteville and assign such annexed territory to Ward 4 pursuant to
A.C.A. 14-40-303. Annexation ordinance - Election - Procedures.
RECOMMENDATION
Staff recommends approval of an ordinance to attach and incorporate 1 ,419.30 acres into
the City of Fayetteville and assign such annexed territory to Ward 4 pursuant to A.C.A.
14-40-303 . Annexation ordinance - Election - Procedures.
BACKGROUND
On October 10, 2006, the City of Fayetteville held a special election to regarding
annexing 1 ,419.30 acres into the City of Fayetteville. The "Certificate of Washington
County Board of Election Commissioners Ascertaining and Declaring Results of the City
of Fayetteville Election in Washington County, Arkansas" certified the following results:
ANNEXATION INTO THE CITY OF FAYETTEVILLE
FOR 1 ,415
AGAINST 756
BUDGETIMPACT
The current property tax millage impact is an additional 3. 1 mils for the City of
Fayetteville within the annexed area. The potential sales tax revenue is limited at this
time due to limited commercial activity in the proposed annexed area.
Oct -20-06 11 : 33AWashington Co . Elec Corrin 501 444 1766 P - 02
CERTIFICATE OF WASHINGTON COUNTY
BOARD OF ELECTION COMMISSIONERS
ASCERTAINING AND DECLARING RESULTS
OF THE CITY OF FAYETTEVILLE ELECTION
IN WASHINGTON COUNTY, ARKANSAS
(Amended 10-20-2006)
STATE OF ARKANSAS )
COUNTY OF WASHINGTON )
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 nn the question of
ANNEXATION INTO THE CITY OF FAYE ITEVfLLL
FOR 1 ,15
AGAINST 756
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.
1N TESTIMONY WHEREOF, we have hereinto set our hands this 20th day of
01
October, 26. -
BOARD OF ELECTION COMMISSIONERS
WASHINGTON COUNTY, ARKANSAS
1 gan iairman
T I ember
Peter Loris, Mcmber
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
KIT WILLIAMS, CITY ATTORNEY
DAVID WHITAKER, ASST. CITY ATTORNEY LEGAL DEPARTMENT
DEPARTMENTAL CORRESPONDENCE
TO: Dan Coody, Mayor
City Council
CC : Tim Conklin, Planning & Development Management Director
FROM: Kit Williams, City Attorney
DATE : November 69 2006
RE: Annexation finalization
Pursuant to A.C.A. § 14-40-303 (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 . . . ."
By my estimate, the annexation becomes final on November 17, 2006.
Therefore, City Council needs to approve the attached annexation ordinance
during its November 215` meeting.
ORDINANCE NO.
AN ORDINANCE TO ATTACH AND INCORPORATE
APPROXIMATELY 1 ,419.3 ACRES OF LAND INTO THE
CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE
PURSUANT TO THE ANNEXATION ELECTION OF
OCTOBER 10, 2006, ASSIGN ALL THIS TERRITORY TO
WARD FOUR AND TO ASSIGN THE ZONING DESIGNATION
OF R-A TO ALL PARCELS
WHEREAS, on June 20, 2006, by a vote of two-thirds of its members the City Council
passed Ordinance No. 4888 calling for an election to annex approximately 2,000 acres
contiguous to the City of Fayetteville or such acreage within the territories still legally available
for annexation at the time of the election; and
WHEREAS, Parcel C was annexed through island annexation procedures prior to the
election by the City of Farmington and most of Parcel B was annexed through island annexation
procedures by the City of Fayetteville prior to the election, leaving only Parcel A of about
1 ,419.3 acres to be decided by the annexation election of October 10, 2006; and
WHEREAS, on October 10, 2006, the electors of the City of Fayetteville and the lands
within Exhibit A voted 1 ,415 FOR the annexation and 756 AGAINST the annexation, so the
annexation passed; and
WHEREAS, the Washington County Clerk has properly certified the election results and
recorded them within seven days of the election and more than thirty (30) days have elapsed
since the filing with no election contest being filed so that now the annexation is final.
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
acknowledges the certified vote of the citizens to annex about 1 ,419.3 acres as described in
Exhibit A and shown by the map attached as Exhibit B. The City Council hereby annexes all of
this land, assigns it to Ward Four and zones it R-A, Residential Agricultural .
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the
official map of the City of Fayetteville to include the 1 ,419.3 acres described above.
Section 3 : That the City Council of the City of Fayetteville, Arkansas hereby amends its
zoning map in conformity with Section 1 above.
PASSED and APPROVED this 21St day of November, 2006.
APPROVED:
By:
DAN GOODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
WEST SIDE ANNEXATION (NOVEMBER 2006)
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-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; EXHIBIT
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; e ^
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 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 870 24' 53" W 631 .72 feet;
Thence N 030 01 ' 07" E 1093.69 feet;
Thence N 030 01 ' 07" E 231 .03 feet;
Thence N 870 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 N 020 38' 58" E 1115.58 feet;
Thence S 870 45' 35" E 1304.80 feet;
Thence N 020 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 870 40' 35" E 210.00 feet;
Thence N 020 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-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 S 020 33' 40" W 1094.55 feet;
Thence S 020 00' 01 " W 226.54 feet;
Thence S 880 00' 23" E 667.00 feet,
Thence N 020 27' 55" E 34.52 feet;
Thence S 87" 52' 34" E 659.92 feet;
Thence S 020 28' 07" W 591 .27 feet;
Thence S 020 27' 58" W 94.22 feet;
Thence S 020 25' 02" W 3310.46 feet;
Thence N 870 57' 35" W 184.36 feet;
Thence N 170 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 380 39' 03" W 65.31 feet;
Thence N 570 21 ' 02" W 69.84 feet;
Thence N 250 29' 06" W 114.53 feet;
Thence N 870 57' 34" W 198.00 feet;
Thence S 020 04' 40" W 342.00 feet,
To the Point of Beginning and containing 1 ,419.30 acres, more or less.
