HomeMy WebLinkAboutOrdinance 5011 ORDINANCE NO. 5011
AN ORDINANCE TO ESTABLISH AND LAY OFF
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS'
IMPROVEMENT DISTRICT NO. 18 — WOODBURY
WHEREAS, a Petition to form Woodbury Municipal Property Owners' Improvement
District No. 18 — of Fayetteville, Arkansas 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 May 1 , 2007, 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.
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. 18 — Woodbury 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: Mike Philip, Jeff Martin and Tom Muccio.
Section 3 : The name of said improvement district shall be Fayetteville Municipal
Property Owners' Improvement District No. 18 — Woodbury.
Page 2
Ord. 5011
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. Aa
PASSED and APPROVED this ] s` day of May, 2007. = %�" '��SY <pr,G� -
s ; FAYETTEVILLQ
APPROVED: ATTEST: �`L•• q ,•'
NG i0
By: By: .
DAN COODY, Mayor SO E. SMITH, City Clerk/Treasurer
lCtAj
< H2
ENGINEERING, INC.
SURVEY DESCRIPTION :
A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 24 , IN TOWNSHIP 17 NORTH AND RANGE 30
WEST , AND PART OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 19 IN TOWNSHIP 17 NORTH
AND RANGE 29 WEST OF THE FIFTH PRINCIPAL MERIDIAN IN
WASHINGTON COUNTY , ARKANSAS , AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS TO - WIT : COMMENCING AT A FOUND
STONE AT THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER
OF THE SOUTHEAST QUARTER AND RUNNING THENCE S86° 47 ' 1919E
653 . 49 FEET , THENCE N00° 31 ' 16 " W 227 . 04 FEET TO THE POINT
OF BEGINNING , AND RUNNING THENCE N00° 31 ' 16 " W 566 . 75 FEET
TO THE SOUTH RIGHT OF WAY OF ZION ROAD , THENCE ALONG
SAID RIGHT OF WAY ALONG A NON - TANGENTIAL CURVE , SAID
CURVE TURNING TO THE RIGHT THROUGH AN ANGLE OF
17° 34 ' 51 . 6 " , HAVING A RADIUS OF 724 . 78 FEET , AND WHOSE
LONG CHORD BEARS N81 ° 08 ' 54 " E A DISTANCE OF 221 . 52 FEET TO
A POINT OF INTERSECTION WITH A NON - TANGENTIAL LINE , THENCE
CONTINUING ALONG SAID RIGHT OF WAY N89° 52132 " E 477 . 01
FEET , THENCE LEAVING SAID RIGHT OF WAY S01014105 " W 866 . 33
FEET TO A FOUND 5/ 8 - INCH REBAR , THENCE N88° 13123 " W 13 . 72
FEET TO A FOUND CONCRETE MONUMENT MARKING THE SOUTHEAST
CORNER OF SAID NORTHEAST QUARTER , SOUTHEAST QUARTER ,
THENCE ALONG THE FORTY LINE N86° 47 ' 197' W 356 . 55 FEET ,
THENCE LEAVING SAID FORTY LINE N01014 ' 11 " W 226 . 76 , THENCE
N86° 41 ' 48 " W 297 . 96 FEET TO THE POINT OF BEGINNING
CONTAINING 11 . 67 ACRES MORE OR LESS . SUBJECT TO RIGHT OF
WAY ALONG ZION ROAD AND ANY OTHER RIGHT OR EASEMENTS OF
RECORD .
2758 Millennium Drive Suite I Fayetteville, Arkansas 72703 Phone: 479.582.H2E1 Fax: 479.582.9254
JACK, LYON & JoNEs, P.A. (D t
ATTORNEYS AT LAW
Suite 3400
offices in: 425 WEST CAPITOL
Conway, Arkansas LITTLE ROCK, ARKANSAS 72201
Nasnvlfle, Tennessee (501) 375-1122
Telecopier (501) 375-1027
May 23 , 2007 RECEIVED
MAY 2 4 2007
Ms. Sondra Smith , City Clerk CITY OF FAYETTEVILLE
Fayetteville City Clerk's Office CITY CLERK'S OFFICE
113 W. Mountain
Fayetteville, AR 72701
Re : Fayetteville Municipal Property Owners' Improvement District No. 18-
Woodbury
Dear Ms. Smith :
Enclosed for filing is an original and two copies of the Oath of Commissioners on the
above . referenced matter. Please return the file marked copies to me in the enclosed , self-
addressed , postage paid envelope.
If you have any questions, please contact me at (501 ) 375-1122 . Thank you for
your assistance.
Sincerely,
JACK, LYON & JONES, P .A.
� G�laePc�.e�Q
ElizaPfeth Ann Waddell
Paralegal
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Enclosures
I
OATH OF COMMISSIONER
IN RE: FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT
DISTRICT NO. 18 — WOODBURY
I , Jeff Martin , do solemnly swear that I will support the Constitution of the
United States of America and the Constitution of the State of Arkansas, and that I will
faithfully discharge my duties as a commissioner for the Fayetteville Municipal Property
Owners' Improvement District No. 18 — Woodbury (the "District") in the manner provided
by law, and I further swear to not be interested , directly or indirectly, in any contract let
by the board of commissioners of the District except upon the approval of all the owners
of real property located in the District.
4
Je f I
a 'n
STATE OF ARKANSAS )
) SS
COUNTY OF WASHINGTON )
ACKNOWLEDGMENT
Before me, a Notary Public in and for the State and County aforesaid , personally
appeared Jeff Martin , with whom I am personally acquainted (or proved to me on the
basis of satisfactory evidence), and who, upon oath , acknowledged himself to be a duly
appointed commissioner of the Fayetteville Municipal Property Owners' Improvement
District No. 18 — Woodbury, and that he as such commissioner, executed the foregoing
instrument for the purposes therein contained .
GIVEN under my hand and seal of office, this, �day of May, 2007.
otary Public ; �� 20. s3ads�. ,oma°.;
MY COMMISSION EXPIRES: _ NorARr c
laoI (" RECEIVED � .. oUB0
MAY 2 4 2007
CITYOFFAYEET iLLL
CITYCLERiCS OFFICE
OATH OF COMMISSIONER
IN RE : FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT
DISTRICT NO. 18 - WOODBURY
I , Tom Muccio, do solemnly swear that I will support the Constitution of the
United States of America and the Constitution of the State of Arkansas, and that I will
faithfully discharge my duties as a commissioner for the Fayetteville Municipal Property
Owners' Improvement District No. 18 - Woodbury (the "District") in the manner provided
by law, and I further swear to not be interested , directly or indirectly, in any contract let
by the board of commissioners of the District except upon the approval of all the owners
of real property located in the District.
ir.
Tom Muccio
STATE OF ARKANSAS )
) SS
COUNTY OF WASHINGTON )
ACKNOWLEDGMENT
Before me, a Notary Public in and for the State and County aforesaid , personally
appeared Tom Muccio, with whom I am personally acquainted (or proved to me on the
basis of satisfactory evidence), and who, upon oath , acknowledged himself to be a duly
appointed commissioner of the Fayetteville Municipal Property Owners' Improvement
District No. 18 - Woodbury, and that he as such commissioner, executed the foregoing
instrument for the purposes therein contained .
GIVEN under my hand and seal of office, this, y day of May, 2007 .
OTARy
otaryublic = —`•
MY COMMISSION EXPIRES: - PUBLIC
RECEIVED
MAY 2 a 2007
CITY OF FF YETTEVILLE
CITY CLERK'S OFFICE
OATH OF COMMISSIONER
IN RE : FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT
DISTRICT NO. 18 — WOODBURY
I , Mike Philip, do solemnly swear that I will support the Constitution of the
United States of America and the Constitution of the State of Arkansas, and that I will
faithfully discharge my duties as a commissioner for the Fayetteville Municipal Property
Owners' Improvement District No. 18 — Woodbury (the "District") in the manner provided
by law, and I further swear to not be interested , directly or indirectly, in any contract let
by the board of commissioners of the District except upon the approval of all the owners
of real property located in the District.
Mike Philip
STATE OF ARKANSAS )
) SS
COUNTY OF WASHINGTON )
ACKNOWLEDGMENT
Before me, a Notary Public in and for the State and County aforesaid , personally
appeared Mike Philip , with whom I am personally acquainted (or proved to me on the
basis of satisfactory evidence), and who , upon oath , acknowledged himself to be a duly
appointed commissioner of the Fayetteville Municipal Property Owners' Improvement
District No. 18 — Woodbury, and that he as such commissioner, executed the foregoing
instrument for the purposes therein contained.
GIVEN under my hand and seal of office , this, J_ day of May, 2007 .
J
�Pl
MY COMMISSION EXPIRES : Pueuc s
S
3 -1-e;2014; IVED '' : ,
MAY 2 d. 2007
CITYOF FAYErrEVILLE
CITY CLERK'S OFFICE
City of Fayetteville V eD
Staff Review Form 511 /6r7
City Council Agenda Items I 6� 1
or
Contracts
�-�rY�,y,�
May 1 , 2007
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. 18 - Woodbury
Municipal Property Owners' Improvement District No. 18 of the City of Fayetteville, Arkansas. 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 John Bryant (501 -375-1122) 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 N/A Budget Adjustment Attached N/A
Previous Ordinance or Resolution #
Department Director Date / Original Contract Date:
Original Contract Number:
" j7 " d7
City ey Date
Received in Ci Clerk's Iffice
Finance an ntemal Service Director Date
I7/ Received in Mayor's Office
Mayor [Tate r
Comments:
RECEIVED
ye eve APR 16 2uu r 113 West Mountain
ARKANSAS
CITY OF FAYETI'EVILLE Fayetteville, AR 72701
MAYOR'S OFFICE Telephone: (479) 575-8323
Fax: (479) 718-7695
city—clerk@ci.fayetteville.ar.us
City Clerk/Treasurer Division
April 16, 2007
Honorable Dan Coody, Mayor
City Administration Building
113 W. Mountain
Fayetteville, AR 72701
RE: Petition to form Fayetteville Municipal Property Owners'
Improvement District No. 18
Woodbury Municipal Property Owners' Improvement District No. 18 of the City
of Fayetteville, Arkansas
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. 18 — Woodbury Municipal Property Owners' Improvement District No. 18 of the City
of Fayetteville, Arkansas 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,
0, "L, ':
Sondra E. Smith
City Clerk/Treasurer
cc: Kit Williams, City Attorney
John Bryant, Improvement District Attorney
ORDINANCE NO,
AN ORDINANCE TO ESTABLISH AND LAY OFF
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS'
IMPROVEMENT DISTRICT NO. 18 — WOODBURY
WHEREAS, a Petition to form Woodbury Municipal Property Owners' Improvement
District No. 18 — of Fayetteville, Arkansas 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 May 1 , 2007, 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
FAYETTEVILLE, ARKANSAS:
Section l : 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. 18 — Woodbury 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.
1
Section 2 : The following three individuals are hereby appointed as commissioners of said
improvement district: Mike Philip, Jeff Martin and Tom Muccio.
Section 3 : The name of said improvement district shall be Fayetteville Municipal
Property Owners' Improvement District No. 18 — Woodbury.
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 I " day of May, 2007.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
2
�P'�I�lEv
NOTICE cl r: t E
C CLERK'S OFFICE
YOUR SIGNATURE HEREON SHOWS
THAT YOU FAVOR THE ESTABLISHMENT
OF AN IMPROVEMENT DISTRICT. IF THE
DISTRICT IS FORMED , YOU MAY BE
CHARGED FOR THE COST OF THE
IMPROVEMENTS ,
IN RE: WOODBURY MUNICIPAL PROPERTY OWNERS' IMPROVEMENT
DISTRICT NO. 18 OF THE CITY OF FAYETTEVILLE, ARKANSAS
PETITION FOR FORMATION OF A MUNICIPAL
PROPERTY OWNERS' IMPROVEMENT DISTRICT
TO THE HONORABLE MAYOR, DAN COODY, AND CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
The undersigned ("Petitioner"), 1611 Holdings, LLC, an Arkansas Limited Liability
Company, the record owner of all real property within the area of the proposed
municipal property owners' improvement district ("Proposed District") , along with
Philip/Martin Development Partners, LLC, an Arkansas Limited Liability Company
owned and controlled by the members of the Petitioner ("Philip/Martin"), does hereby
petition the City Council of the City of Fayetteville, Arkansas ("City Council"), under
Chapter 94 of Title 14 of the Arkansas Code of 1987, as amended , to lay off into a
municipal property owners' improvement district the real property described in Exhibit
"A, " attached hereto and incorporated herein by this reference. It is anticipated that